Maungatapu murders
Encyclopedia
Maungatapu
The Maungatapu mountain is a mountain in New Zealand. The mountain is included in both Tasman and Marlborough regions. The mountain is 1014 meters high . The name translates to "sacred mountain" in the Māori language . The mountain was the location of the infamous Maungatapu murders.-Uses:The...
in two separate attacks, near Nelson, New Zealand
Nelson, New Zealand
Nelson is a city on the eastern shores of Tasman Bay, and is the economic and cultural centre of the Nelson-Tasman region. Established in 1841, it is the second oldest settled city in New Zealand and the oldest in the South Island....
which occurred on 12 and 13 June 1866. Four people were charged
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
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. 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 .
The Burgess Gang
The leader of the gang was Richard Burgess. Burgess was born in LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
on 14 February 1829 . 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 sentenced to transportation
Convicts in Australia
During the late 18th and 19th centuries, large numbers of convicts were transported to the various Australian penal colonies by the British government. One of the primary reasons for the British settlement of Australia was the establishment of a penal colony to alleviate pressure on their...
to New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Australia in 1847. He preyed on gold miners
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
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 6 June 1862. He then followed the gold miners from Dunedin, to Hokitika, to Greymouth
Greymouth
Greymouth is the largest town in the West Coast region in the South Island of New Zealand, and the seat of the Grey District Council. The population of the whole Grey District is , which accounts for % of the West Coast's inhabitants...
, and then finally Nelson
Nelson, New Zealand
Nelson is a city on the eastern shores of Tasman Bay, and is the economic and cultural centre of the Nelson-Tasman region. Established in 1841, it is the second oldest settled city in New Zealand and the oldest in the South Island....
. Burgess met 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
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
, 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 6 June 1866 with the objective to rob several bank
Bank
A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...
s 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.
The murders
The gang stationed themselves on a suitable site along the Maungatapu track, a place now called Murders Rock. On 12 June, James Battle, a flax
Flax
Flax is a member of the genus Linum in the family Linaceae. It is native to the region extending from the eastern Mediterranean to India and was probably first domesticated in the Fertile Crescent...
grower, had terminated his employment and was returning to Nelson via the Maungatapu track. At first the gang let him pass, but later caught up to Battle and robbed him of three pounds and 16 shillings; afterward they strangled him and buried him in a shallow grave.
The following day at approximately 1:00PM, Dudley, Kempthorne, de Pontius, and Mathieu (accompanied by a horse with a pack) were held up by the gang. The victims immediately surrendered and were bound and moved off the track. After they were robbed (the winnings were only 80 pounds per gang member), they were all killed, first Dudley, by strangulation. Kempthorne was shot along with de Pontius. Mathieu was shot, then stabbed, then shot again. Three of the bodies were hidden, but that of de Pontius was covered with rocks: if the bodies were ever found, they reasoned, de Pontius would be missing and the first conclusion would be that de Pontius committed the crime. The gang then shot the horse through the head and let the animal slide down off a bank into vegetation. Other belongings such as clothes were burnt in a derelict house, and the gang returned to Nelson that night.
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 days of waiting, and informed the locals of his story. George Jevis rode to Nelson immediately to inform the police, as his thoughts dwelled on foul playCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. On 18 June the investigation began, and in the evening Levy was arrested. 19 June 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. 20 June 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 accomplice 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 3 July Battle’s body was found. The victims were buried in Wakapuaka Cemetery
Wakapuaka Cemetery
Wakapuaka Cemetery is a cemetery located in Atawhai, Nelson, New Zealand. The name means "heaps of aka leaves" in Māori.-Location:Wakapuaka Cemetery is located at the southern end of Atawhai Drive in Nelson. The cemetery is located on a hill with a north west aspect...
in a mass grave. The funeral was the largest in Nelson ever . On 9 August Burgess gave a confession which admitted his own guilt
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
and tried to incriminate Sullivan and attempted to free Levy and Kelly of the chargers.
The trial
The trial started on 12 September and ended on 18 September. The juryJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
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 18 September 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.
The execution
Nelson had never had a murder case before this case. GallowsGallows
A gallows is a frame, typically wooden, used for execution by hanging, or by means to torture before execution, as was used when being hanged, drawn and quartered...
were specially constructed which allowed three men to be hanged simultaneously. A hangman
Executioner
A judicial executioner is a person who carries out a death sentence ordered by the state or other legal authority, which was known in feudal terminology as high justice.-Scope and job:...
was summoned from Wellington. 5 October was the date of execution. At approximately 8:30am Burgess, Levy, and Kelly were hanged. Burgess and Levy died instantly, however Kelly choked. Death mask
Death mask
In Western cultures a death mask is a wax or plaster cast made of a person’s face following death. Death masks may be mementos of the dead, or be used for creation of portraits...
s were made of heads of the convicted for the pseudoscience of phrenology
Phrenology
Phrenology is a pseudoscience primarily focused on measurements of the human skull, based on the concept that the brain is the organ of the mind, and that certain brain areas have localized, specific functions or modules...
. It is unknown what occurred with the bodies, and there are many urban legends about the burial of the three bodies.