The unsolved murder of "Yorky"

A fearful tragedy has lately occurred in the murder of a man named Elder, at the Molyneux river, by a miscreant who was at the time his partner. I am sorry to say that the murderer has not yet been taken, but I do not think it can be long before he is in the hands of the police. I send you the account of the murder as it appears in the columns of the Daily Times: — 

"We lay before our readers all that is at present known of a murder scarcely second in atrocity to that for which Fratson is undergoing penal servitude for life. In its outlines and some of its essentials, this murder is not dissimilar to that of Wilson's, and the brutal ferocity with which it has been perpetrated brands the murderer as a miscreant of the worst type. 

"The murdered man was known by the cognomen of 'Yorky,' and was a carrier by pack-horses between Tuapeka and Miller's Flat. He is mentioned as being an old and weatherbeaten looking man; and of a very quiet, and inoffensive disposition. The name of the presumed murderer has not. been ascertained, but he is described as being about five feet seven or eight inches high, thirty-five years of age, thin face, and dark complexion, with round shoulders. Some ten or twelve days ago, a horse of Yorky's (he owned two) fell into a hole, when the supposed murderer made great exertions to extricate the animal from its somewhat perilous position. By this means the man first became known to Yorky, who out of gratitude offered to take him into his employment, and the two after this lived together in the murdered man's tent for several days. Monday afternoon was the last day the two men were seen in company. 

"Early on Tuesday morning a digger named John Bowan, while passing a small blind gully about two miles from Mr. Miller's store, observed something partially covered with branches and leaves, which attracted his attention, and on to the spot to ascertain what it was, he discovered the dead body of a man. Without staying to ascertain further particulars, he hastened to the store kept by Mr Miller, and related what he had seen. The two then set off for the spot, where Mr Miller at once identified the deceased to be the man Yorky. The body was found lying face downwards in the hollow of the creek. Upon examining it, four deep cuts, penetrating the skull and entering the brain, were discovered in the crown of the deceased's head. There was also one deep cut on the shoulder. The wounds appeared as if they had been inflicted with a pick. After examining the body, Mr Miller and Mr Bowan proceeded to the tent where evidently the foul crime had been perpetuated. On the ground, and upon the stakes which held the tent to the earth, blood, and clots of blood and hair intermingled, were sprinkled about; but the tent itself — that is, the canvas roof and sides, had been carried away, but where conveyed has not yet been learned. Everything had been removed and scattered about within an area of a hundred and fifty yards round the tent, apparently without any attempt at concealment. In one place were two fifty pound bags of flour; in another a 'billy' with other things known to have belonged to the murdered man. Continuing the search, Mr Miller discovered a pair of moleskin trousers, a flannel undershirt, and a coarse blue jumper with the sleeves cut short off at the elbows. These were identified as belonging to the man who had been in the deceased's company for several days past. Everything which had been lodged in the tent was picked up in one place or another in the neighborhood of it, but the horses belonging to deceased could not be found, although the hoof marks were distinctly tracked to where the presumed murderer had left his clothes. Some slight attempts had been made to conceal the blood stains, by throwing horse dung and dirt on the bottom of tent but so imperfectly that the traces of blood were distinguishable in many places, particularly in and about the stakes and front of the tent. 

"While standing beside the spur of a hill in his run (Mr Miller being a station holder as well as a storekeeper,) he perceived three teams at a distance, and going up to them he ascertained, upon inquiry from the drivers, that they had seen a man answering the description of Yorky's mate riding along at fall gallop upon a dark brown horse (corresponding to one owned by the deceased). Mr Miller then determined to set out in pursuit of this man, who he had no doubt had committed the murder. Following the course pointed out by the drivers, he soon ascertained that the same man, still mounted on a brown horse, had been asking to be directed to the nearest road to Tuapeka without going past Captain Gardiner's station, as also the nearest way to Waitahuna without going to Tuapeka. The object of the man was to avoid Gardiner's, as the horses belonging to Yorky were well known to the men employed on the station, and would have at once raised suspicion against him. The road along which the man was making his escape was on what is known as the old upper cut, and in order if possible to intercept his flight, Mr Miller pursued in the direction of the lower new road. Here on a part of it he met three men, who replied to his questions that he had seen a man as he described him to them, riding very hard, and his horse appearing very much heated. On the men attempting to accost him, he waved them off with his hand, and dashed along at an increased speed. This was about a mile and a half from Gardiner's station, but when Mr Miller arrived there, neither man nor horse had been seen by any of the servants about the place. Nothing daunted by thus being put off the scent, Mr Miller rode on until he arrived at Tuapeka, which he reached at about 10 o'clock at night (Tuesday) and proceeded at once to report the affair at the police station, at the same time requesting assistance. No horse could be obtained, and Mr Miller went on as far as Waitahuna, and again applied at the police station, but the same difficulty presented itself here as at Tuapeka — there was a policeman but no horse. Mr Miller then called at the hotel, where he ascertained from the landlord and others of the inmates, that the man he was pursuing had passed along some time previously. The horse he rode appeared very much jaded, but he was urging it along at the top of his speed. Mr Miller then rode on to the Woolshed, and made a report to Mr Golder, when he was accompanied by that officer to Tokomairiro. The two then made a fresh start, (this was about ten o'clock on the following morning, on which the pursuit first commenced) From the Tokomiriro the pursuit was continued till within a short distance of the Taieri Ferry, where they met two men working on the road. These men stated that a horseman in every respect answering to the description given was seen by them hastening along the newly metalled road at great speed, about three hours before. They were particularly struck with his excited appearance, and wondered greatly at the rate he was proceeding at. On arriving at the Taieri Ferry all trace of the pursued was lost, but the men engaged in working the punt stated that it was quite possible the man had passed over, as it was very seldom they took any notice of those crossing, the carrying over men mounted on horseback being being with them of hourly occurrence. On arriving at Adam's house, about three miles this side of the Ferry, Mr Miller learned from a boy that he had observed a man as described, riding hard m the direction of Dunedin. Completely exhausted with his hot and close pursuit, Mr Miller arrived in town late in the afternoon, and of course, communicated every circumstance to the police.

"For the apprehension of such a bloody miscreant our government have advertised a paltry reward of £20, which is less than they, at times, offer for information respecting some petty infringement upon their crown land regulations."   -Southland Times, 7/4/1863.

OTAGO

P.S. — A man giving his name as Job Johnston has been arrested by Detective Tuckwell and charged with the murder of Eldon. He was brought up on Saturday and remanded for ten days. There is no doubt entertained but what the prisoner is the real criminal. I take the following from the Daily Telegraph; — Job Johnston, the man brought into town at noon yesterday, was then brought up on the information of Detective Tuckwell, charged with the murder of "Yorkey," alias McEldon. 

Tuckwell stated that the accused was arrested on Caversham road yesterday morning; that he answered to the description of the supposed murderer of Yorkey in every particular, being swarthy and foreign in his look, and wearing also a white coat, blue shirt and boots, all according to the description given, even to two spots in the trousers he wore. Accused had given most unsatisfactory replies to interrogatories as to what he had been doing for the last fortnight, and did not know what money he had in his pocket when arrested. He said he had twelve ounces of gold and turned out to have twenty-three. He said he had twenty-three pounds in notes, and thirty-two pounds were found on him. There were also found on him a deposit receipt for £300. He (Tuckwell) asked for a remand for seven days. 

Accused, who is wild both in his voice and appearance, and who is also rather hard of hearing, said that if he could see his mates, they could say that he was working at the time the murder was committed. 

The Magistrate told him that he must account for his whereabouts during the last fifteen or sixteen days — the murder haying been committed last Tuesday week. In the meantime his description tallied exactly, in the minutest particular, with that given of the supposed murderer. He stood remanded for a week."  -Southland times, 14/4/1863.

ORIGINAL CORRESPONDENCE,

YORKEY'S MURDER. (To the Editor of the Daily Times.)

Sir, — This day, Job Johnson, the prisoner charged with the murder of Yorkey, asked me to communicate to you what he then stated to me. As nearly as I can recall of his words, they were as follows: — "Tell the Daily Times I want the Grand Jury to send me for trial. The witnesses against me have told their story to the country, and I want my witnesses to tell mine. I don't want to be discharged without my case being heard openly, so that no man may be ashamed to speak to Job Johnson, and Job Johnson ashamed to speak to no man. Tell the newspaper I want them to say that." 

It would, of course, be improper that I should add anything to the foregoing. 

I am, &c, George Elliott Barton, Counsel tor the Prisoner. Dunedin, June 4,1863. -Otago Daily Times, 5/5/1863

MURDER — IMPORTANT. 

INFORMATION is requested respecting the name and address of a man who, on or about Monday, the 23rd of March last, wanted to purchase some flour at the tent of Joseph Smith, otherwise "Yorkey" (since murdered,) at Millar's Flat. The person sought for enquired the price of flour, and was told that it was sold at tenpence a pound. He expressed himself ready to take ten or twelve pounds of it. The storeman went inside, as if to procure it, but turned round and said, "Will you not take a fifty pound bag," which the other declined to do. The storeman then said he did not care about selling. 

Should this meet the eye of the man who wanted to buy flour on the day above mentioned at Millar's Flat, he is earnestly requested to forward his name and address to the Commissioner of Police, Dunedin, without delay. 
Dunedin, 11th May, 1863.   -Southland Times, 29/5/1863.

Otago

The Criminal Sessions are still sitting. To-morrow the trial of Job Johnston, for the murder at Miller's Flat will come on. There are fourteen witnesses for the prosecution, and seven for the defence. My own opinion is that Johnston is quite innocent of the murder, and that a jury will find him so. If he be acquitted, as I have little doubt, some compensation ought to be made to the unfortunate man, as the cost of his defence will swallow up the whole of all he possesses — some two hundred pounds, as I am informed — to say nothing of his long and cruel incarceration in prison.  -Southland Times, 18/6/1863.


The case of the man Job Johnston, who has just stood his trial in Dunedin for the Miller's Flat murder, and been acquitted, appears to have excited a large amount of sympathy there. A public meeting was held on Saturday evening last at which about 100 persons were present, and a committee appointed to collect subscriptions, in order to reimburse him for the expense he was put to in defending himself.  -Southland Times, 19/6/1863.

THE MILLER'S FLAT MURDER.

This important case, which occupied the Supreme Court, Dunedin, for two entire days, has resulted in a verdict of Not Guilty. Mr. Barton, in the course of a most eloquent and elaborate defence stated:—

The name of the prisoner is, as you are aware, Job Johnstone; he comes from Lincolnshire, and is now a miner. Six years ago he was at the Ovens and Indigo, in Victoria. In September, 1862, Johnstone arrived here with £380. He deposited £300 in the Union Bank, and went to the diggings, taking with him £80. Of this he deposited £ls at the Dunstan Bank. About five months ago, at the Arrow River, he fell in with his old mate, Calvert, who was a mate with Halliday, Peter Sheil, and others. They all travelled together to the Shotover. On Friday, March 13th, Johnstone left off working his claim at Moke Creek, on account of ill-health, and went to Queenstown. Some remarkable events occurred during the week, which will he useful in fixing dates. Firstly, there was a great flood and a man drowned. Secondly, there were St. Patrick's Games, and Thatcher's local songs; and thirdly, there were two inquests — one on the 19th of March, on the same day that Abbey swears the man was at Yorkey's. Johnstone served as a juryman at Queenstown on that day, and signed the inquest paper. This brings us to the 19th, on which day the murderer is seen at Miller's Flat. Let us now trace the country and distances between Queenstown and Miller's Flat. Queenstown is on Lake Wakatip, and the road from thence to Miller's Flat is through the Dunstan. From Queenstown to the Dunstan there are two roads: one is by the Lake and the Cardrona — distant 100 miles. The other is a mountain track of 50 miles, 24 of which are of great steepness and difficulty, crossing a mountain range of which the highest summit is called by the diggers "Gentle Annie," from its extreme ungentleness. Over that 24 miles a man on foot can beat a horseman easily At one place there is a sort of backbone, very narrow, along which may be seen in the gorge below the bodies of horses that have perished by missing their footing. From this backbone the traveller can see mountain tops below his level, as far as the eye can reach. Such, gentlemen, is "Gentle Annie," an ascent of 8, a descent of 12 miles, and in traversing this top or backbone, two days is the limit of even Rowley's Express. From the Dunstan to Miller's Flat is about 50 miles. The shortest route from Queenstown to Miller's Flat is 100 miles, and is four days' journey on foot, and at least two, if not three, on horseback. This makes it impossible that Johnstone, who sat on that jury on the 19th, and the man who was at Miller's flat on the 20th, are one and the same person. But the Crown Prosecutor will answer thus:— The Job Johnstone who sat on that jury is not the prisoner. Either there is another man of the same name, or he has assumed it. If that be the argument, how could I discover the existence of the evidence without a miracle? How could the prisoner have a deposit receipt for L300, and have signed his name in the same handwriting as that to the inquest paper without a miracle?"

Several witnesses having been called and examined —

The Judge summed up very shortly, amidst a breathless silence. He said there was certainly conflicting evidence in this case, but the Jury would have little doubt as to which set of witnesses must go to the wall. He did not think that one of the witnesses for the Crown had forsworn himself; he noticed that all were very careful, and almost every witness qualified himself by saying that the prisoner much resembled the supposed murderer. But the witnesses for the Crown only knew the prisoner casually, whereas the witnesses for the defence, who stood up evidently with the impress of truth, knew the prisoner intimately, many of them for several years, and were therefore the better able to speak to his identity. 

The Jury, without leaving the box, at once returned a verdict of "Not Guilty," which was hailed with marks of approbation by those present.

The Foreman — We would request your Honor to state that in the opinion of the Jury the prisoner leaves the dock without the slightest stain upon his character. 

The Judge (to the prisoner) — The request of the Jury I should have seen to, even if they had not mentioned it. You leave this Court with an unsullied character, and what is far better — (here the Judge became almost choked with emotion)  — with a conscience void of offence in this matter. You are now discharged from custody. 

The prisoner was almost dragged from the dock by his friends, amid loud cheers, mingled with the throwing up of hats, &c., which continued until the Judge left the Bench. On showing himself outside, the prisoner was loudly cheered, as also was Mr. Barton, his counsel.  -Lake Wakatip Mail, 20/6/1863.

Local Intelligence

The Miller's Flat Murder. — The Marlborough Press of the 12th inst., thus recounts the arrest of a man on suspicion of having committed this crime, with the details of which our readers are already familiar: Charles Kirsting, a German, the man suspected of being the murderer of the old man Yorkey, at Miller's Flat, in March last, was lately apprehended and is now in custody at Picton, awaiting an opportunity of being sent to Otago. He states that he had some occupation in Queensland, which he gave up on account of his health; that consequently he proceeded to Sydney, and then took passage in the Wild Wave to Canterbury; that he walked from thence to Marlborough, with what view he does not state. If appears that his dejected demeanor has been the subject of observation to several persons who saw him during his journey, and along with his peculiar appearance, which corresponds with the description of it given by the Otago police, seems to have led to his apprehension. Kirsting is very round shouldered, almost amounting to deformity, and one or both of his feet are clubbed, a peculiarity he sets down to accident in early life.  -Wellington Independent, 8/10/1863.



Charles Kestring, the German arrested at Picton on suspicion of being the murderer of the man "Yorky," at Miller's Flat, was brought up on remand before Mr. Croker, the Resident Magistrate at Tuapeka. William Medwin, the proprietor or the Flag Staff Accommodation Home, at whose place the murdered man had called on the 20th March, and who was afterwards joined by a man with whom he was evidently intimate, and who is now supposed to have been the murderer, positively stated that the prisoner was not the man who was in company with "Yorky," nor had he (witness) ever seen the accused to his knowledge. David Evans, the proprietor of another Accommodation house, at whose place he said he recollected on the 23rd March, a man calling at his place at about 11 o'clock in the evening leading a pack horse, with a pack saddle on; after arriving he hobbled the horse and tethered him to a post. He noticed the man particularly, and he seemed to be very uneasy; the horse he led was a stout bay one, but did not know its brands, and he had never seen it since. He positively swore that the prisoner was not the man, never having to his knowledge seen him before. The man that had the horse left his place about 7 o'clock the next morning. Peter Robertson, the keeper of an accommodation house at Lawrence, also remembered a man calling at his house on the 23rd March, leading a bay horse with a pack saddle on. He had heard the night previous of the murder of "Yorky," and he suspected the man who called to be the murderer from the close observation he took of him, and the description he had received of the suspected man afterwards. He positively swore to the prisoner not being the man. The Magistrate said he had not the least doubt that the police were mistaken as to the identity of the accused, but in order to prove his innocence more satisfactorily, he would like to hear the evidence from Miller's Flat, and would adjourn the enquiry for that purpose. The case was to be resumed yesterday.   -Otago Witness, 16/10/1863.


Our Tuapeka correspondent informs us of the discharge of Charles Kestring, brought down from Marlborough on suspicion of being the murderer of Yorky, at Miller’s Flat. . . The Magistrate, in ordering the discharge of Kestring, said there was not the slightest stain on his character.  -Otago Daily Times, 17/10/1863.

Intercolonial

The Sandhurst correspondent of the Melbourne Herald writes on the 27th ult.: — "Murder will out. Some ten years ago a most brutal murder was committed on the Molyneux River, Otago, New Zealand, the unfortunate victim being a man known by the name of Yorkey. A man was arrested at the time on suspicion of being the murderer, but for want of sufficient evidence was discharged, and the affair has since been enveloped in mystery. Last night constable Cook arrested a man for drunkenness, and when conveying him to the lock-up the prisoner volunteered the statement that he was the murderer of Yorkey. Whether the confession made is a genuine one or made for the purpose of hoaxing the police officials, remains to be proved. Certain it is the man Yorkey was murdered, and from that time to the present the murderer has been at large." Sydney.   -Southland Times, 5/4/1872.

CHRISTCHURCH

RESIDENT MAGISTRATE'S COURT. August 24, 1864, [Before C. C. Bowen, Esq., R.M.] 

Several debt cases were disposed of to-day, after which came the following case: — 

Regina by Police v. Wm. Wilson. 

The accused was charged with the murder of Joseph Smith, alias Yorkey, who was murdered at Miller's Flat, Otago, in March, 1863. Mr. Duncan appeared to watch the case for the Crown. James Short being duly sworn stated as follows: I am a constable of armed police at Christchurch. From information I received I arrested prisoner yesterday morning, the 23rd August, instant, on a charge of murder. I took him to the Inspector, and I heard the Inspector say to prisoner that he was charged with the murder of Joseph Smith, alias Yorkey, on the 30th March, 1863, at Otago. The Inspector cautioned the prisoner, and asked him where he came from. Prisoner replied he came from Port.

The Inspector asked him what he had been doing in Port. Prisoner said he was working on board the ship Parisian. He said he came in her from Sydney. I think he afterwards made mention of Newcastle. He was then asked if he had been in company with any person on his way from Port to Christchurch, and if he knew a man named Campbell. He said he had called in at the public-house on the hill, and that there were some people there, but he did not know them. He said he did not know a man named Campbell. Prisoner was also asked if he was not charged with the murder of Joseph Smith, alias Yorkey, by a person on the hill. He denied it. The Inspector asked him if he had been spoken to on the subject on the hill, and he said 'no.' I took him to the watch-house. I searched him and found on him the property, a list of which I hand in. [The list comprises nothing more than the ordinary contents of a digger's swag.] 

James Campbell was next called, and stated: I am steward of the steamboat Waipara. In March, 1863, I was living at Miller's Flat, on the Molyneux, in the province of Otago. I was a baker there. I had a place of my own. I knew a man named Joseph Smith, alias "Yorkey." It was the same man that I heard was murdered about March, 1863. I think it was on a Thursday. I knew him well. Yorkey was a packer; he packed goods up to the Flat. He lived at Miller's Flat, about a mile from my place. I passed his place nearly every day. I know prisoner. Prisoner was building Yorkey's house at Miller's Flat, in March, 1863. I think three or four days before Yorkey was murdered, I saw prisoner at Yorkey's. The day before the murder I saw the prisoner run down the creek at Yorkey's. The next day I passed the house again, but did not see him. I next saw prisoner on the top of Lyttelton hill, the 22nd August, at the door of Angus's place. I said "You were on Miller's Flat; I know your face." I laid hold of him by the collar, and he was going to strike me. I asked prisoner if he was at Miller's Flat at the time Yorkey was murdered. He said he was. He ran away down the hill and left me. Before going down the hill he asked me if my name was Campbell. I reported the matter as soon as I went into Lyttelton. There was a search made for prisoner after the murder. There was a reward offered for him. There was a little humpbacked man brought down to Tuapeka on the charge of murdering Yorkey, and I was examined in the case. He was very like prisoner. Two horses were taken away from Yorkey's place to my knowledge. Angus was at his place when I charged prisoner at the top of the hill with murder. I should think he could have heard the conversation. I swear prisoner is the man I saw on the top of the Bridle-path, and I can also swear that he is the man I saw at Yorkey's at Miller's Flat. 

By Prisoner — I cannot say I ever saw you on board the Parisian. 

George Crosby Smith was next called, and stated as follows — I am brother of Joseph Smith, who was murdered. I was in Melbourne at the time he was murdered. I went to Dunedin after the murder. I received one horse from the police, and the value of the other, which belonged to my brother. £20 was what I received. I got the descriptions I produce of the man who was suspected of the murder. I copied it from the Otago Times in Dunedin of the 26th March, 1863. Job Johnson, who was tried for the murder in June, 1863, was very like the prisoner. There is a great resemblance between them. The prisoner, on the application of Inspector Pender, was remanded until the 25th inst. (to-day) for the production of further evidence.   -Press, 25/8/1864.

CHRISTCHURCH

RESIDENT MAGISTRATE'S COURT. 

August 25, 1864, . [Before C. C. Bowen, Esq., R.M.] 

William Wilson, charged with murdering Joseph Smith, alias Yorkey, was brought up on remand. 

The following evidence was taken: — George Angus was called, and being duly sworn stated as follows: I live on the top of the Bridle-path. Keep a refreshment house. I was at my house on the 22nd August instant. I know Campbell. He was at my house on Monday, the 22nd August instant. He came there about one or two o'clock that day. He came up from the Valley side. Prisoner was at my house that day about four o'clock p.m. He came from Port. Campbell was there when prisoner came. Campbell was inside the house. Prisoner left his swag outside and came in. Campbell asked the prisoner repeatedly whether he had ever been on Tuapeka. I explained to prisoner that Tuapeka was in Otago, as he did not appear to know where it was. Prisoner said he should know something of Otago, as he had come overland from it. Campbell then asked him if he had ever seen him on Tuapeka. Prisoner replied that it was probable or possible that he had. After a quarter of an hour Campbell then asked prisoner whether he had ever been on Miller's Flat. He said he had. Campbell said he thought he knew his face. Prisoner asked if he knew anything bad about him. After a short a time, Campbell asked him whether he remembered a death on Miller's Flat. He said that he remembered the death of "Yorkey," and asked whether he supposed he (prisoner) had anything to do with it. Campbell said "yes, I believe you are the man that killed him, and I shall not let you go." Prisoner said, "If you won't allow me to go, I suppose I shall have to remain here." After a short time prisoner asked Campbell whether he would shout. Campbell said he would. Prisoner then went out, took up his swag, and went towards Christchurch. Campbell went out after him, but I did not hear him call.

By Prisoner: Campbell was the worse for liquor. 

By Police: Campbell was shrewd enough.

Inspector Pender here applied for a remand to Dunedin, which was granted.

The prisoner was remanded until Saturday week to Dunedin.   -Press, 26/8/1864.

William Wilson, the man who was apprehended at Christchurch, and remanded to Dunedin, on a charge of being the murderer of Yorkey, on Millar's Flat, in 1863, arrived in town per Airedale yesterday, and is now safely lodged in Dunedin Jail. As he was remanded to the 3rd September, he will not be brought up for examination till that date.  -Otago Daily Times, 30/8/1864.

RESIDENT MAGISTRATE'S COURT

 THE MILLER'S FLAT MURDER. 

DISCHARGE OF THE ACCUSED. 

The Commissioner of Police rose and said he had an application to make to the Court with reference to the prisoner. William Wilson, who had been remanded from Christchurch, charged with being the murderer of "Yorkey" on Miller's Flat. He was in a position to produce important evidence which would show that the prisoner could not possibly have committed the murder, and on the ground of that evidence he asked that the prisoner should be discharged from custody and kept no longer under such a charge as that of murder. 

The Magistrate thought this was a very proper application, and, although there was a great amount of business before the Court, yet he would hear the application at once, as he considered it would be a grievous wrong to keep an innocent man one moment longer than necessary under such a charge as that of murder. 

The Commissioner of Police asked that the depositions of James Campbell and George Angus taken at Christchurch should be read, in order to show the circumstances under which the prisoner was arrested and remanded to this Court.

The Clerk of the Bench read the depositions which have already appeared in our columns. The Commissioner of Police then said that since the prisoner's arrival here he had made a statement, which, when borne out by evidence would show that he could not have committed the murder. It was to the effect that he arrived in this province in the ship Coldstream from London, which arrived at Port Chalmers, on the 16th or 17th of June, 1863, which was three months after the date of the murder. Of course it was useless to look for the Captain or crew of the ship to corroborate this statement, as they had left with the ship, but he found several gentlemen who arrived as passengers by the ship, and it transpired from several incidents of the voyage, which the prisoner brought to the remembrance of those gentlemen, that his statement must be correct. There were two of the passengers of the Coldstream in Court, who were ready to identify the prisoner, as an able-bodied sea-man on board the Coldstream. 

Francis Bourchier: I am collector to the Town Board. I arrived here by the Coldstream ship, from London, with my wife and family, on the 17th of June, 1863. There were two gentlemen named Thomson passengers on board, and the person now in Court is one of them. I know the prisoner well. He was an able seaman on board the Coldstream, and he joined the ship at Portsmouth. I have not the slightest doubt of his identity. He painted a box for me on board the ship. I had a communication with him in the jail this morning, and he brought several circumstances to my recollection without my speaking to him, which occurred on the voyage. He mentioned a passenger who was severely hurt during a heavy gale of wind in the channel; and he also mentioned the ship catching fire on the voyage. I saw the man daily during the voyage, which lasted between five and six months. 

William S. Thomson: I am bill-clerk in the Bank of Otago, Dunedin. I know the prisoner. I was a passenger on board the ship Coldstream from London to Otago, and the prisoner joined the ship at Portsmouth. The ship arrived at Port Chalmers about the 16th or 17bh of June, 1863. Prisoner joined the ship about the 22nd of February, 1863. I remember seeing the prisoner daily at the wheel, and I frequently spoke to him. I have not the slightest doubt as to his identity. The man who joined the ship along with the prisoner was named Miller, and he died in the hospital some months ago. 

The Commissioner of Police : That being the case, I ask that the prisoner be discharged. His being in custody is partly his own fault, for had he made this statement in Christchurch, these proceedings might have been arrested. 

The Magistrate, addressing the prisoner, said: I am sure I state my conviction when I say that you are entirely innocent of this very grave offence with which you are changed. There has apparently been a misconception, and I regret that, in consequence, you have been brought here on this charge. It is my public duty to say that you leave this Court without the smallest stain upon your character, and I am very happy in being able to discharge you. The prisoner then left the dock amidst applause from the public, which was quickly suppressed.  -Otago Daily Times, 1/9/1864.

Original Correspondence.

YORKEY'S MURDER. (To the Editor of the Daily Times.) 

Sir — I feel it a duty which I owe to the public, and especially to the man William Wilson, who was remanded from Christchurch to Dunedin, charged with the revolting crime of murder, to state fully the character he bore on board the ship Coldstream, Captain Carmichael, during our passage from Portsmouth to this port. 

I have the greatest pleasure in being able to bear my humble testimony, joined with that of my wife, to the uniform kindness and attention paid by William Wilson, the man who was this day honorably discharged without a blemish from custody, to the passengers. He was always foremost in acts of attention, and in several instances took charge of my children, when the violence of the weather prevented Mrs Bourchier or myself looking after them. He always showed a kind heart; zealous in the discharge of his duty, and whether on deck in his watch, or in his watch below, he was ready at a moment's call to lend a helping hand to those that needed his assistance. And I feel confident he will return to his daily calling, carrying along with him that respect which his uniform good behavior merited. 

Innocence makes lions of us all, feeling within burning breast a conscience that does not condemn; on the contrary, "conscience makes cowards of all," when guilty; but how bold, how erect, how noble can the innocent man stand and hear his false accusers swearing falsely. Not a change, not a ruffle upon his placid countenance, all is sweet contentment, although agonizing and harrowing to flesh and blood. So it was with this poor unoffending man. He knew his innocence, and felt sure, in course of time, that his innocence would be made to shine as bright as the sun at noonday. 

I am, &c., F. Bourchier. 31st August, 1864.  -Otago Daily Times, 2/9/1864.

It is with feeling of saddening indignation that we turn to the reverse of the picture — the miserable parsimony that alone has aided the perpetrator of the Miller's Flat murder to escape from the doom he merited. We undertake to say there never was a murder that seemed more easy of detection. The murderer was known to a certainty — there was no doubt who did the deed. All that was required was to find him, and the aid of those who were acquainted with him might easily have been secured. In short, there can be no question that the offer of a moderate reward would have infallibly secured his apprehension. But nothing was, or ever has been, offered; the police contented themselves with pouncing on an innocent man. We are not going through the details of the wrongs to which Job Johnson was subjected. We have already written upon the subject. But we may say this, that not for the sake of the accused man, but in the interests of justice, the few pounds might at least have been spent that would have sufficed to test the truth of the alibi he alleged. Whilst the poor man was suffered to languish in prison to save the money that would have demonstrated his innocence, what was done to secure the really guilty one, supposing the accused should prove not to be he? Nothing, absolutely nothing. When at the time it was urged a large reward should be offered, as it seemed very doubtful whether the right man was caught, the reply was, the offer of a reward would weigh in favor of the accused as evincing doubts of his guilt. At length he was liberated, and certainly as far as the public were concerned no lack of liberality was evinced in compensating him for his wrongs. The Government even were forced to contribute towards it, in the face of the remarkable protest they made, that the proceeding might be construed into a precedent - a precedent of what? — that innocent men should not be doomed to death.

And there the matter slept — there was still no reward offered for the detection of the crime. The authorities seemed only too glad to allow the affair to rest. We have said that had a reward been offered, there would have been little doubt that the guilty man would have been secured. We go further, we believe that even now a large reward would lead to the required end. No man is thoroughly isolated from his kind. The murderer must be known to several people, who, if they could not exactly say where he is, could tell of his connections and belongings sufficient to lead to his being found out. However it may reflect on human nature, experience has proved that even in cases of murder people will not without inducement give evidence which they will tender if a reward be held out. It may be said their testimony is not worth much. Granted their evidence per se might be thought little reliable. But it is not evidence for the trial that is required, it is a clue by which to trace out the right man. Plenty of persons to identify him may then be found. Again, the offer of a large reward has a remarkable effect on criminals. Their strength of mind almost invariably gives way under it. However remote and separated from the busy world may be the retreat which he has sought out, the murderer has a never absent fear haunting him. He thinks others see with his eyes. A suspicious word or action, which no murderer can at times avoid, he believes is marked and conned — he ends by giving himself up. Wherever the Miller's Flat murderer may have sought refuge, if he be constantly exposed to seeing a placard offering a large reward for his apprehension, he will succumb to it. But perhaps the Treasurer will say he cannot afford the money. We have good reason for knowing that the present Government declined to accede to the proposal to offer a reward. We can only tell the Treasurer and his colleagues, and the Superintendent, that the occasion is not one on which to exercise economy. Bad as times arc we believe that £10,000 could be raised in New Zealand in a week by private subscriptions alone, for an object in which every one would so heartily join as that of bringing the Miller's Flat murderer to justice. When we have spoken of the different spirit evinced here and at home, we are bound to add the belief that the parsimony belongs to the Government alone, and that the community as a community, has as great an abhorrence of murder, and as little hesitation in lavishing gold on its detection as have the people of Great Britain. But the community should exercise a pressure on the Government, and in the name of the justice that is outraged by such supineness — in the name of the humanity that may be wronged by what is tantamount to offering a premium on crime, we call upon the public to insist that the murder of poor Yorkey shall not be allowed to remain unavenged.  -Otago Daily Times, 3/2/1865.

PROVINCIAL COUNCIL

THE MURDER OF "YORKEY."

Mr VOGEL moved — "That, in the opinion of this Council, it is desirable a large reward should be offered for the conviction of the man who committed the murder at Miller's Flat." It was a matter of great reproach to the Province that this murderer should have remained undetected. The petition which he presented from the brother of the murdered man, who, he believed, had devoted a large portion of his time to the matter, and who stated his belief that the offer of a large reward would result in bringing the offender to justice. The brother had also stated that it was the opinion of the police that the murderer was still in the Province. It was unfortunately a fact that there was a class of persons too ready to shield offenders, and whom nothing but large pecuniary rewards would induce to come forward with evidence. It could scarcely be questioned that the identity of the murderer in this case must be known to many persons He believed that if a reward of L2000 was offered, the offender might be brought to justice; and he asked honorable members whether they did not think that even a very much larger amount would be well devoted to securing such an object. He held that there was no estimating the value to society of vindicating justice in such a case of undoubtedly deliberate murder. He had purposely not named a sum because he thought it should be left to the Executive, and not be made a matter of vote in the Estimates, seeing that no money might, in the end, prove to be wanted.

Mr JOHN CARGILL seconded the motion. The reason why the late Government had not taken action was their sense of the extreme danger of offering a large reward. If a reward of L1000 was offered, half-a-dozen men might be hung in no time. For the mutiny on board the Hermione, in the West Indies, more men were hung at Portsmouth than were on board the ship at the time: and the hanging was only checked by a man who had pleaded guilty being recognised by a member of the Court Martial, as serving under him on board another ship at the time. The man said that the feeling was such, that he thought the better course was to plead guilty and throw himself on the mercy of the Court. There had undoubtedly been great remissness in not following up the track of the murderer at first, when it seemed so plain. From inquiries he had made recently in the neighborhood, it appeared that Yorkey's packhorse saddle had been found near Lawrence, and that there was strong reason to believe that the murderer was still in the Province. He (Mr Cargill) hoped, however, that the reward offered would not be so large as to create the danger he had suggested.

The PROVINCIAL TREASURER confessed that it was very repugnant to his feelings that so long after the murder had been committed, and when an innocent man had been tried for it, the matter should be brought forward again through the suggestion of a large money reward. Was the tongue of any one who had reason to believe that the murderer was still living in the Province only to be unloosed by a reward? If so, he thought such evidence would not be worth much; and that before long, if the reward was offered, the Council might be called upon to compensate another innocent man for his false arrest and detention.

Mr E. B. CARGILL thought that the proposal of a large reward ought only to be made on the recommendation of the police authorities, acting solely on public grounds. Any feeling of a desire for vengeance on the part of a private person ought rather to be reprobated by the Council. It was not a duty incumbent upon any man that he should seek to gratify such a feeling by following out a murderer; and surely the brother of the murdered man had suffered enough without pursuing this foul subject.

Mr CLAPCOTT said that the brother came to him and asked him to use his influence with the Government to get a reward offered. He replied that as the murder was committed so long ago, and not during the then recess, he did not think it advisable to recommend the Government to offer a reward. But knowing the interest which the honorable member for Waikouaiti took in this matter, he (Mr Clapcott) recommended the brother to see that gentleman. Had the murder been committed during the recess, no doubt the late Government would have taken prompt steps to facilitate the discovery of the murder.

Mr VOGEL replied. He considered the objections of the member for the North East Harbor exceedingly puerile. The honorable and gallant member had no doubt recently been studying martial law; but the case of the Hermione was not at all in point here. Of course, no statement made by any one who claimed the reward would be taken for more than it was strictly worth: it was assumed that the machinery of the law would vindicate itself in testing the worth of any such evidence. He could only regard the aspersions sought to be cast on the brother of the murdered man as being wholly undeserved and in very ill taste.

The motion was put, and there voted —

Ayes, 16: Messrs Bastings, Blair, Burns, Clapcott, J. Cargill, Hepburn, Hughes, Miller, Mollison, Morris, Mouat, Reid, Rennie, Street, Stevenson, and Vogel.

Noes, 10: Messrs E. B. Cargill, Clark, Dick, Gleeson, Kilgour, Macandrew, Moss, Reynolds, Thomson, Walker.

The motion was carried

Mr VOGEL said that after what had now taken place he supposed the Government would use its own discretion as to the amount of the reward to be offered.

The PROVINCIAL TREASURER would prefer that the honorable gentleman should name a sum, as the motion left him, as Treasurer, in a very vague position.

Mr VOGEL thought that L500 would cover the motion.

The SPEAKER pointed out that this was very irregular, after the motion had been carried.  -Otago Daily Times, 26/4/1865.

 The Murder on Miller's Flat.

— The Otago Police Gazette of 1st June, contains the following notice: — "Murder; £500 Reward — Whereas between the evening of the 23rd and nine a.m. on the 24th March, 1863, one Joseph Smith, otherwise known as 'Yorkey' was murdered at Miller's Flat, near the Teviot, in this province, suspicion attaches to his mate name unknown, who absconded with the horses belonging to the deceased. He is described as about 5 feet 8 or 9 inches high, about thirty-five years of age, very dark complexion, thin visage, stoops very much in walking, hair, moustache, beard and whiskers, dark and straight, forehead low, eyelashes projecting, brows heavy, upper part of jawbones square, thick neck, large and prominent at back of ears, chin pointed, shows his teeth very much when speaking, has the appearance of a Maltese or Italian; supposed to be a native of one of the middle shires in England."   -Wellington Independent, 15/6/1865.

MOUNT BENGER.

(From our Rambling Reporter.)

Having visited the Mount Benger district a few days ago I was not a little surprised to see the healthy and progressive appearance of the crops compared with those on the Tokomairiro and Taieri plains. In one paddock on Miller's Flat I observed oats quite ripe. In the gardens the fruit trees were loaded with fruit, one especially, belonging to Mr C Nicholson, Benger Flat. I may here mention that I spent a few hours at that gentleman's place, and for hospitality and kindness I have not met his equal in Otago, and if any person would like to hear the old Culloden war-pipes let him call there. 

I also observed that the miners about Welshman's Beach have erected a substantial fence round the grave-yard on Millar's Flat. In it is the grave of poor old "Yorkey," who was murdered in 1862. It is marked by a flag-pole, and a native bush growing at the head of his grave. The grass has not yet grown on the place where the pool of blood was observed the morning he was found murdered, the cause being, I think, of visitors scraping it with their feet. I felt a thrill of horror run through me when contemplating on the awfully foul murder there committed, and I deeply regret that the perpetrator was never brought to justice. Beside him lies the body of dear little Jeannie Pringle, who was drowned some five years ago, and also that of Mr Legge's child. Both graves are beautifully ornamented with flowers, and kept in good repair. 

I stopped one night at Mr Walter Millar's station, where I was hospitably retained with plenty of provender for horse and man. I understand that this part of the flat round Welshman's Beach is thrown open for selection, and at the time of my visit I noticed several substantial dwelling houses being erected. 

After a tough scramble up the Portuguese Hill, and down Frank's track, I reached the Horse Shoe Bend. There are three parties at work in this place, and as far as 1 could understand their earnings are pretty fair. 

Parry and party's claim there is in excellent working order. At the time of my visit the weather was very dry, but nevertheless they had a good supply of water in their race. They had about three heads playing into their own ground sluice, besides supplying Lundy and party alongside. I am informed that their race carries 6 heads of water. 

The crops in the gardens look beautiful — any amount of new potatoes, peas, and beans, and I also saw some very large onions. People say they cannot grow onions any size about Tokomairiro. In this place I have seen onions growing measuring 15 inches round. The man who grew them can bear me out in this statement; he is at present working at Adam's Flat.  -Bruce Herald, 5/1/1870.

Provincial and General

A correspondent, writing in the "Dunstan Times" from Mount Benger, says: — A ghost is the sensation of the week. Of course your readers know all about Yorky's murder. Some of them may also know that the body is interred at the junction of two tracks. Well, the other night two gentlemen of the Hibernian persuasion happened to encounter just at this spot. No 1 naturally took No. 2 for Yorkey's apparition, and vice versa — "Holy Virgin," says No. 1. "Angels and ministers of grace defend us," says No. 2. "Begone to the Rid Say," says No. 1. "Begone yourself," says No. 2. Both advanced a step. Both retreated and finally, both turned tail and fled in different directions. I understand Bishop Moran is shortly expected, in order to exorcise the spirit.  -Tuapeka Times, 22/6/1871.

Intercolonial

The Sandhurst correspondent of the Melbourne Herald writes on the 27th ult.: — "Murder will out. Some ten years ago a most brutal murder was committed on the Molyneux River, Otago, New Zealand, the unfortunate victim being a man known by the name of Yorkey. A man was arrested at the time on suspicion of being the murderer, but for want of sufficient evidence was discharged, and the affair has since been enveloped in mystery. Last night constable Cook arrested a man for drunkenness, and when conveying him to the lock-up the prisoner volunteered the statement that he was the murderer of Yorkey. Whether the confession made is a genuine one or made for the purpose of hoaxing the police officials, remains to be proved. Certain it is the man Yorkey was murdered, and from that time to the present the murderer has been at large."  -Southland Times, 5/4/1872.

The Murder of Yorkey, Miller’s Flat. 

— We notice in a Bendigo paper that a man named Thomas Hayes was brought before the City Police Court and charged, on his own confession, with the murder of Yorkey, at Millers Flat, in this Province, in the year 1863. The magistrate seems to have dealt in a very off hand way with the matter, as, instead of making further enquiries, he discharged Hayes, after his explaining that when under the influence of drink he was in the habit of making all sorts of ridiculous statements. A very different course was pursued under similar circumstances by a London magistrate, who remanded prisoner from time to time until the authorities in Melbourne could be communicated with, the result being that the man was convicted and executed. It is, we understand, supposed by some persons in town that the convict Fratson is undergoing punishment for the crime of which Hayes accused himself. Such, however, is not the case, Fratson was convicted of the murder of Mr Andrew Wilson, at the Molyneux, in July, 1862, while the murderer of Yorkey has never yet been discovered. The unfortunate Job Johnston was tried for the offence, but acquitted on the clearest possible evidence.   -Evening Star, 6/4/1872.