Maungatapu murders

In his early teens, Burgess was convicted of pickpocketing and robbery, and was ultimately sentenced to transportation to New South Wales, Australia, in 1847.

The group set sail to Nelson and landed on 6 June 1866 with the objective to rob several banks in the area, however for various reasons these goals were abandoned.

The gang ended up in Canvastown, a village east of Nelson which was exclusively accessed through the Maungatapu track.

A few days before, Levy had learned from locals that four businessmen were moving all their gold and money to the bank in Nelson.

The gang planned to hold up the group with a large number of weapons so they would surrender without resistance, and then rob and kill them.

[2] The gang stationed themselves on a suitable site along the Maungatapu track, a place now called Murderers' Rock.

[4] On 12 June, 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, 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.

[2] The following day at approximately 1:00 pm, Dudley, Kempthorne, de Pontius, and Mathieu (accompanied by a horse with a pack) were held up by the gang.

[2] 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.

George Jevis rode to Nelson immediately to inform the police, as his thoughts dwelled on foul play.

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.

[5] On 9 August Burgess gave a confession which admitted his own guilt and tried to incriminate Sullivan and attempted to free Levy and Kelly of the charges.

The jury found Burgess, Levy, and Kelly guilty of murder and sentenced to death by hanging.