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Maungatapu murders (1866)

SOLVED1866Maungatapu track, near Nelson, South Island, New Zealand3 SOURCESUPDATED JUL 2026
File:Maungatapu Monument 01.jpg
File:Maungatapu Monument 01.jpg — Credit: stug.stug · CC BY-SA 3.0

The Maungatapu murders were two attacks on the Maungatapu track near Nelson, on the South Island of New Zealand, that killed five people on 12 and 13 June 1866. Four men, described in the source as the Burgess Gang, were charged. One was pardoned after giving information that led to the conviction of the other three, who were hanged. The men charged were Richard Burgess, Joseph Thomas Sullivan, Philip Levy, and Thomas Kelly. The five victims were James Battle, George Dudley, John Kempthorne, James de Pontius, and Felix Mathieu.

According to the source, Burgess and Kelly had met in jail in Australia and later reunited in New Zealand during the Otago gold rush. After a period of imprisonment in Dunedin Gaol, from which they were released in September 1865, they formed partnerships with Sullivan and with Levy, whom Burgess had known previously. The group sailed to Nelson, landing on 6 June 1866 with a stated plan to rob banks in the area. Those plans were abandoned, and the group moved to Canvastown, a village reached through the Maungatapu track.

The source states that Levy had learned four businessmen intended to carry gold and money to a bank in Nelson and to travel together on 12 June. The gang positioned itself along the track at a spot later called Murderers' Rock. On 12 June, flax grower James Battle was returning to Nelson; the gang robbed him and then killed him and buried him. The next day, at about 1:00 pm, Dudley, Kempthorne, de Pontius, and Mathieu were held up, bound, robbed, and killed. The group also shot the horse the party had been travelling with, burned belongings, and returned to Nelson that night.

When one of the victims' associates failed to meet the party in Nelson and could not locate them, he alerted people in Canvastown, and a local resident rode to Nelson to notify police. The investigation began on 18 June, and Levy was arrested that evening; Burgess, Sullivan, and Kelly were arrested the following day. Investigators noted that the men had arrived in Nelson with little money yet spent freely. On 28 June, Sullivan made a full statement in response to an offered pardon and reward; the bodies of the Mathieu party were found on 29 June, and Battle's body was found on 3 July. The five victims were buried in a mass grave at Wakapuaka Cemetery.

The trial ran from 12 to 18 September 1866. Burgess, Levy, and Kelly were found guilty of murder and sentenced to death. Sullivan received immunity on those charges but was separately tried for the murder of James Battle, found guilty, and sentenced to death; that sentence was later commuted to life imprisonment. Burgess, Levy, and Kelly were hanged on 5 October 1866. Sullivan was imprisoned and later received a conditional pardon requiring him to leave New Zealand. The source notes that evidence of his death in Auckland in 1921 is debated.

Key facts

Victims
George Dudley, Felix Mathieu, John Kempthorne, James Battle, James de Pontius
Date
1866
Location
Maungatapu track, near Nelson, South Island, New Zealand
Case status
solved

Case timeline

  1. 1865-09

    Richard Burgess and Thomas Kelly are released from Dunedin Gaol.

  2. 1866-06-06

    The group lands at Nelson, initially intending to rob banks in the area.

  3. 1866-06-12

    James Battle is robbed and killed on the Maungatapu track.

  4. 1866-06-13

    George Dudley, John Kempthorne, James de Pontius, and Felix Mathieu are held up and killed near the track.

  5. 1866-06-18

    The investigation begins; Philip Levy is arrested that evening.

  6. 1866-06-19

    Richard Burgess, Joseph Thomas Sullivan, and Thomas Kelly are arrested on suspicion of murder.

  7. 1866-06-20

    The travelling party's horse and a shotgun are found by the search party.

  8. 1866-06-28

    Joseph Thomas Sullivan makes a full statement after a pardon and reward are offered.

  9. 1866-06-29

    The bodies of the Mathieu party are found.

  10. 1866-07-03

    James Battle's body is found.

  11. 1866-08-09

    Richard Burgess gives a confession.

  12. 1866-09-12

    The trial begins at Nelson.

  13. 1866-09-18

    Burgess, Levy, and Kelly are found guilty of murder; Sullivan is separately tried for the murder of James Battle.

  14. 1866-10-05

    Richard Burgess, Philip Levy, and Thomas Kelly are hanged.

  15. 1921-09-16

    Reported death of Joseph Thomas Sullivan in Auckland, which the source describes as debated.

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People

  • George Dudley

    VICTIM

    One of four travellers held up and killed near the Maungatapu track on 13 June 1866.

  • Joseph Thomas Sullivan

    CONVICTED

    Given immunity on the main murder charges after providing information; separately tried and found guilty of the murder of James Battle and sentenced to death, later commuted to life imprisonment.

  • Thomas Kelly

    CONVICTED

    Also recorded under the birth name Thomas Noon; charged and found guilty of murder, sentenced to death and hanged on 5 October 1866.

  • Felix Mathieu

    VICTIM

    One of four travellers held up and killed near the Maungatapu track on 13 June 1866.

  • John Kempthorne

    VICTIM

    One of four travellers held up and killed near the Maungatapu track on 13 June 1866.

  • Philip Levy

    CONVICTED

    Charged and found guilty of murder; sentenced to death and hanged on 5 October 1866.

  • James Battle

    VICTIM

    Flax grower robbed and killed on the Maungatapu track on 12 June 1866.

  • James de Pontius

    VICTIM

    One of four travellers held up and killed near the Maungatapu track on 13 June 1866.

  • Richard Burgess

    CONVICTED

    Charged and found guilty of murder; sentenced to death and hanged on 5 October 1866.

Roles reflect public records and court outcomes at the time of writing — supporting citations are on file under Sources.

Archival records

  • File:Maungatapu Monument 01.jpg

    archival location

    File:Maungatapu Monument 01.jpg

    Credit: stug.stug · CC BY-SA 3.0 · Source

Places

Maungatapu track, near Nelson, South Island, New Zealand

-41.2706, 173.2840

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Common questions

What happened to the victim?
In June 1866, five men were robbed and killed in two attacks on the Maungatapu track near Nelson, New Zealand; three men were convicted and hanged and a fourth was convicted after an accomplice turned informant.
Where did the murders happen?
Maungatapu track, near Nelson, South Island, New Zealand.
Who was convicted?
Joseph Thomas Sullivan (Given immunity on the main murder charges after providing information; separately tried and found guilty of the murder of James Battle and sentenced to death, later commuted to life imprisonment.), Thomas Kelly (Also recorded under the birth name Thomas Noon; charged and found guilty of murder, sentenced to death and hanged on 5 October 1866.), Philip Levy (Charged and found guilty of murder; sentenced to death and hanged on 5 October 1866.), and Richard Burgess (Charged and found guilty of murder; sentenced to death and hanged on 5 October 1866.).
What is the current status of the case?
Status: solved. Last verified July 2026.
More cases in New Zealand

Sources

  1. ENCYCLOPEDICMaungatapu murdersWikipedia · 2026-07-05
  2. OFFICIAL / AGENCYNew Zealand History Online: Maungatapu murders — The Burgess Gangnzhistory.govt.nz · 2026-07-05
  3. OFFICIAL / AGENCYEncyclopedia of New Zealand: Maungatapu Mountain Killings, 1866 (Notable Trials)teara.govt.nz · 2026-07-05

Record history

First published
JUL 06, 2026
Last verified against sources
JUL 06, 2026