Maungatapu murders
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The Maungatapu murders were the events surrounding the murders of five people on the Maungatapu track in two separate attacks, near Nelson, New Zealand which occurred on June 12 and 13, 1866. Four people were charged with the murders, three were hanged, and one was pardoned after giving information about the murders and information which allowed the other members of the group to be convicted. The group of four have been named the Burgess Gang after the leader Richard Burgess (birth name Richard Hill). The gang was composed of Richard Burgess, Joseph Thomas Sullivan, Philip Levy, and Thomas Kelly (birth name Thomas Noon). The victims were James Battle, Jim Dudley, John Kempthorne, James de Pontius, and Felix Mathieu [1].
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[edit] The Burgess Gang
The leader of the gang was Richard Burgess. Burgess was born in London on February 14 1829 [1]. He lived with his mother and was never sure of his biological father as he was born illegitimate. Burgess in his early teens was seduced by the pick pocketing and robbery trade. He was arrested several times and was exiled to New South Wales, Australia in 1847. He preyed on gold miners in Australia and was arrested a number of times. Burgess then followed the gold rush to New Zealand. Burgess landed in Dunedin, New Zealand on June 6, 1862. He then followed the gold miners from Dunedin, to Hokitika, to Greymouth, and then finally Nelson. Burgess meet Thomas Kelly and Joseph Sullivan in Greymouth. Both of these men had been convicted of previous crimes. Sullivan had a wife and children in Melbourne, Australia. They became partners in crime. Burgess had previous business with Philip Levy in Australia and New Zealand. In Greymouth Burgess and Levy became closer as they did more deals. The group set sail to Nelson and landed on June 6, 1866 with the objective to rob several banks in the area, however for various reasons these goals were abandoned. The gang ended up in a nearby village called Canvastown which is east of Nelson and was reached through the Maungatapu track which was the only route.
[edit] The Murders
The murders occurred on the June 12 and 13, 1866. A few days before Levy gained information from locals that four businessmen were moving all their gold and money to Nelson to be banked. The four businessmen all knew each other and planned to make the journey together on the 12th of June. Levy told the other members of the gang. The gang planned to hold up the group with a large number of weapons so they would all surrender without resistance. They then would rob all valuables and then kill all the victims so they could not give information about their attackers. The gang approximated that the group could have a total of 1000 pounds of money and gold. The gang stationed themselves on a suitable site along the Maungatapu track. This site is now called Murders Rock. On June 12, James Battle a flax grower had terminated his employment and was returning to Nelson via the Maungatapu track. At first the gang let him pass, however they then caught up to Battle later on in the track and attacked him for his money. They found only three pounds and 16 shillings [1]. He was then strangled and was hit in the solar plexus. Battle was then buried in a shallow grave. This murder was unplanned. The following day at approximately 1:00PM Dudley, Kempthorne, de Pontius, and Mathieu were held up by the gang. The victims immediately surrendered. The victims were bound and moved off the track. All the victims were searched and all valuables robbed as well as the horse’s pack. Dudley was killed first by strangulation. Kempthorne was shot, along with de Pontius. Mathieu was shot, then stabbed, and shot once again. The bodies of Dudley, Kempthorne, and Mathieu were unburied but hidden. The body of de Pontius was covered with rocks. This was done because if the bodies were ever found de Pontius would be missing and first conclusions would be that de Pontius committed the crime. The reward was 80 pounds each gang member, a long way short of the predicted value. The gang then shot the horse through the head and let the animal slide down off a bank into vegetation. The other belongings such as clothes were burnt in a derelict house. The gang then returned to Nelson that night.
[edit] The arrest
Unknown to the gang a friend of the victims, Heinrich Moller was planning to meet the Mathieu party in Nelson to return the horse to Canvastown, however when Moller did not see or catch up on the group on the track or in Nelson that evening, he asked other friends and hotels if they had seen the group. Moller had to return to Canvastown after several daysvof waiting, and informed the locals of his story. George Jevis rode to Nelson immediately to inform the police, as his thoughts dwelled on foul play. On June 18 the investigation began, and in the evening Levy was arrested. June 19 Burgess, Sullivan, and Kelly were all arrested for suspicion of murder. The police were able to come to this conclusion because witnesses had seen the gang arrive in Nelson with little money, Levy paid all fees. After the gang returned to Nelson they drank and gambled with little restraint. June 20 the horse was found along with a shotgun by the search party. On the 28th Sullivan made a full statement after seeing a reward from the administration of justice. The reward was a free pardon as an accomplish and 200 pounds. After this information, on the 29th the bodies of the Mathieu group were found. Sullivan also informed the police of Battle’s murder, until this time Battle’s absence had not been reported. On July 3 Battle’s body was found. The victims were buried in Wakapuaka Cemetery in a mass grave. The funeral was the largest in Nelson ever [2]. On August 9 Burgess gave a confession which admitted his own guilt and tried to incriminate Sullivan and attempted to free Levy and Kelly of the chargers.
[edit] The trial
The trial started on September 12 and ended on September 18. The jury found Burgess, Levy, and Kelly guilty of murder and sentenced to death by hanging. Sullivan was given immunity after giving information. A second trial was started on September 18 which tried Sullivan for the murder of James Battle. This was very unusual, Sullivan gave the information which lead to Battle’s murder being discovered. Sullivan was not granted immunity for this separate crime. Sullivan was found guilty of murder and also sentenced to death by hanging. Two weeks later Sullivan’s death sentence was withdrawn to a life sentence of imprisonment.
[edit] The execution
Nelson had never had a murder case before this case. Gallows were specially constructed which allowed three men to be hanged simultaneously. A hangman was summoned from Wellington. October 5 was the date of execution. At approximately 8:30am Burgess, Levy, and Kelly were hanged. Burgess and Levy died instantly, however Kelly choked. Death masks were made of heads of the convicted for the pseudoscience of phrenology. It is unknown what occurred with the bodies, and there are many urban legends about the burial of the three bodies.
[edit] Fate of Sullivan
Sullivan shipped to Dunedin where he served seven years of his life sentence. A conditional pardon was granted where he was to leave New Zealand and never return. He was also unable to go to any Australian colonies. Sullivan did travel to Melbourne to see his wife and children. Sullivan was caught by the authorities. What happened next is a mystery. There is evidence of Sullivan’s death in Auckland on September 16, 1921. This is debated.
