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Solved / HistoricalRobbery / Multiple Homicide
Maungatapu Track near Nelson, New Zealand · 1866

The Maungatapu Murders

Five men were murdered over two days in June 1866 on and around the Maungatapu Track. The crimes were attributed to the Burgess Gang and became one of colonial New Zealand's most notorious criminal cases.

This historical file concerns multiple homicides. It avoids unnecessary graphic detail and focuses on the documented crimes, investigation, trial and outcome.
Symbolic editorial artwork representing New Zealand
General New Zealand editorial artwork from the Crime by Region archive; it is not a reconstruction of the historical crime scene.

In June 1866, a group of career criminals known as the Burgess Gang targeted travellers moving through the South Island goldfields. Their crime spree culminated in five murders near Nelson and produced a trial followed closely across the colony.

The killings

On 12 June, prospector James Battle encountered members of the gang on the Maungatapu route and was killed. The following day, the gang intercepted four men travelling with cash and gold: Felix Mathieu, John Kempthorne, James de Pontius and James Dudley. All four were murdered and robbed.

The gang — Richard Burgess, Thomas Kelly, Philip Levy and Joseph Sullivan — then continued toward Nelson. Their spending and movements drew suspicion, and all four were arrested within days.

Sullivan turns on the gang

The case changed when Joseph Sullivan agreed to provide evidence against the others. His information helped police locate victims and reconstruct the gang's actions. Sullivan was granted protection from prosecution for the Maungatapu murders in exchange for his cooperation.

Richard Burgess later produced his own confession, attempting to shift responsibility for parts of the crimes, but the prosecution proceeded against Burgess, Kelly and Levy.

Trial and executions

The Supreme Court trial opened in Nelson in September 1866. The proceedings attracted intense public attention. On 18 September, Burgess, Kelly and Levy were convicted.

All three were executed at Nelson Gaol on 5 October 1866. Sullivan avoided execution after turning Crown witness; his sentence in other proceedings was later commuted to life imprisonment.

Historical significance

The Maungatapu murders became a defining crime story of the New Zealand gold-rush era. Government history sources continue to document the case because it illustrates both the risks of isolated goldfield travel and the emerging criminal-justice system of the colony.

Case status

Richard Burgess, Thomas Kelly and Philip Levy were convicted and executed in 1866. Joseph Sullivan cooperated with the Crown and escaped execution.