THE CUMBERLAND STREET MURDERS.

Clutha Leader, Volume VI, Issue 338, 2 April 1880, Page 3

THE CUMBERLAND STREET MURDERS.

"+—- : — MAGISTERIAL INVESTIGATION. " * uv (Ftom the Daily Times.) At ths Dunedin Gaol on Wednesday the 24th ult., before I. N. Watt, Esq., R. Sf'.'jHßdbert Butler, alias Donnelly, a#as jMedway, alias Lee, was charged on remand with having on March 14th Wilfully murdered James Murray Dewar, Elizabeth Mary Jane Dewar, and Elizabeth Lindsay Dewar. Inspector Mallard appeared on behalf of tHe Police. H. Yoimgman, Town Belt Ranger, gave evidence of finding- a coat and saltnon tin about 50 yards below the cemetery on Saturday, There was no road tnere, and the articles could not be seen from the road. The coat was folded up and he handed it to Inspector Mallard. On Sunday he found a hat and - cravat. These he also gave to Inspector Mallard. Cross-examined by the Prisoner. Was the coat very damp ? — Yes. Did the -dampness^ approach to absolute wetness ? — JNo. I could not wring it diit. ,Was it damp, or very damp T — Very damp._ ' John Wordsworth : I live with my father, in North-East Valley. I was coming along Cumberland street last Sunday morning week, between Howe street and Dundas street. It was between 6.25 and 6.35. I saw a man crossing from the right hand side of Dandas street towards Leighton's store. He came from the direction of the Scotia Hotel. I stopped to serve a customer at the corner of Cumberland and Dundas streets, and I saw the man go to the corner of Leighton's store, but I could not say that I saw him knock. When I looked around the man came up to Leighton's private door and stood with his back to it. When I got up to him he stepped three steps oh to the kerbing and stared at me;: This led me to take notice of him. I drove round the corner to the next house to Leighton's store — that is in Castle street. In doing so I saw three dogs— two of Mr Leighton's and one a black and white one. The man throw stones at the dogs. They were growling at him. I then stepped out of the cart to see what he was throwing the stones for, and when I got to the corner of the store the man was very nearly at Cumberland street. He went directly on to the kerbing of Cumberland struer, and stooped down and looked along the street towards where the murder was committed. He turned directly round to come towards Leighton's store, and my brother came up and I went away. He did not look for more than a minute. When my brother came up he told me that someone had killed Jemmy Grant. I did not speak to the man. ! I did not notice anything 1 peculiar about him except that he looked very white. He stared at me in such a way as to make me take notice of him. He had on a low white felt hat, a scarf, and a top coat. I saw that man this mornin the Gaol. I cannot saw whether he had a moustache on him when I saw him in Cumberland street. He. was not so pale this morning as he was when I saw him on Sunday week last, and was yellower by a good deal. Dr Brown next, gave evidence as to the condition in which he found the bodies of the deceased. As to the condition of the prisoner's clothing which he had examined he said :-— Witness: I recognise this shirt. It was given to me by Mf Mallard. I examined it, and found a number oi small clots of blood, and some stains of blood without clot upon it. There are eight clots of blood, and four stains. They are situated principally on the collar-band, under the pleats in front, and on the shoulder-band ; one on the left sleeve ; one under the right armpit; and on the left wrist-band there are two small clots. It is stained also on the right wrist-band. I subjected the clots to a chemical and microscopic test, and am convinced they are blood. There is a small clot also on the collar. : I could not say whether these are human blood. The blood discs correspond in size to those of human blood. Various animals that suckle their young have blood the discs of which correspond in size to those of human blood. This flannel was handed to me. On the neckband at the back there is a small stain I also believe to be of blood. I have seen a coat, scarf, and hat also. The coat was very damp when I got it. On tjie left flap of the breast there was atsmall red spot opposite the buttonhole which gave the same result by chemical test as the spots on the shirt. It had been exposed, and I could not get microscopic results. There was a similar spot' on- the inside of th&rrgbt sleeve, near the edge of the binding- ; and to-day I discovered a small parch inside near where the collar and flap join. .The shirt was here handed round for the inspection of the Jury. *; Witness continued : On the scarf there was an egg- stain in front j alonjr the back I found one that gave a similar colour under'the microscope to those on the.shirt. I cannot say that it positively is blood. I looked at the hat also; and found nothing on it. f /The Coroner : Is it compatible with a ntan"having given such blows as those 3e s attf 'proceeded from,, that such spots should be found 1 Witness :. Yes, but from such bruises-

not a great deal of blood would spurt Besides, all the spurting seems to have been in the direction of the wall. Or the door I found only a few spots aboui the size of pins' heads ; and the spots on the shirt were the same size, There would be no spurting- of blood from any large vessel as a result of the blows death proceeded from. Blows such as 1 have described do not cause large loss of blood. Another way has suggested itself to me, but it is from a matter of hearsay, 1 have heard the roan's bands were scratched. If the man scratched his hands in going through the bush, it is possible that in undressing the shirt might have been sprinkled from his hands. I say that is possible, but not probable. The blood spots would probably have been larger ; indeed, his fingers would most likely have come in contact .with the shirt and smeared it. The wounds and bruises on the bodies oi the deceased persons were quite fresh. Mrs Dewar might have recovered sufficient consciousness after she was first struck to scramble out ot bed She may have received some of the injuries on the head without being rendered unconscious. I noticed some parts of the shirt were smudged, as if an attempt . had been made to rub out the stains. A spot on the breast near the neck looked as if it had been smudged, and the spots on one of the wristbands also. The prisoner asked that the paget coat should be produced, and took it into his hands. His Worship told Detective Bain to see that he did not efface any of the stains on it. The prisoner asked the witness to point out the smears of blood below the* pocket. The Witness : There were no smears of blood below the pocket. There is a spot, but I have not yet determined what it is. My impression is that it resembles an egg smear on the scarf. You say that on the inner side of the binding of the flannel there are traces of blood ? — Yes ; exactly corresponding to a blood clot on the collar of the shirt. Then one drop of blood would cause the two stains? — It might. Do you think it possible that these stains of blood might have been caused by a cut from a razor while shaving 1 — Yes \ the blood might have come from any source. Do you mean from a cut in the neck % — Yes ; from a corresponding portion of the neck. Well, the blnod may have been caused by a wound given in shaving ? — Y^s. This morning, when shaving, I cut myself on this portion of the neck. You see the wound here (on the side of the neck). Would such a one have •caused that blood stain ?—- It might. On the inner side of the cuff of the coat, there are also traces of blood ? — Yes. If you look at my hands you will see traces of scratches on them ? — Yes. These scratches were caused by the brambles in the scrub a week or ten days ago, and must have been rather severe when they were inflicted ? — Yes. You will consider also that I have washed my hands ever} r dav since, and that will have a curative effect. Would the blood from these scratches have caused the blood on the coat? — It might have produced the blood about the sleeves of the coat. Do you not think the fact that I have been amongst the scrub so much and scratched so much will account for all the blood you have detected on my clothes ? — lt niigbt account for it all. At the prisoner's request he was now supplied with a plan of the house, and the examination was continued. Which of the walls of the bedroom had most blood on them ? — The north wall — that from the top of the bed. Then what was the appearance of the further wall and the inner wall I—There1 — There were a few spots of blood around the corner of the wall. Then over the pillow on which I presume the child had been lying there was a large smear of blood about a foot and a half long, and at least eight or nine inches in width, as if some substance moistened with blood had been drawn across it. Then upon the south wall ? — There was nothing to be seen on the south wall. His Worship : I cannot see what on earth that has got to do with it, except to satisfy public curiosity. The Prisoner : Well, I have a reason for asking them. From the appearance of the room should you not have thought it probable that whoever committed the murder would have been very much more marked with blood than is indicated by the clothes which you have examined ?— The nature of the wounds and injuries inflicted upon the mau and woman were such that ; there would have been very little spurting of blood. What spurting of blood , there was went in the direction of from : the front to the back of the bed. The blood which spurted forwards towards the front of the bed, as shown on the door was trifling in quantity, and in very small drops. Most of the blood you noticed seems to have been on the inner sides of the clothes ? — No ; there are some stains on the front of the shirt. Most of the stains, as far as your evidence indicates, seems to have been on the inner side of the cuff? — I mentioned there were stains on the collarband and on the front of the shirt. — (The witness again described the situation of the different spots.) Do you think that the blood on the centre and inner side of the clothes is

to be accounted for by this murder ?— The stains on the front of the shirt might be. I cannot account for the one near the armpit, except on the supposition that the blood spurted \ip the sleeve. Do you not think that is a very improbable thing- indeed ? — Yes ;, in regard to this one under the armpit. Do you think it probable that the spots of blood on tlie inner clothing could have been caused at the same time as those on the outer clothing 1 — Yes. Ts it not improbable that the stain under the sleeve was caused at the same time ? — lt is possible that it might if the coat was unbuttoned, but I do not think that is probable. Is there eny stain of blood on these clothes which cannot fairly be accounted for by lawful causes — such as shaving ? — I think that I have already answered that, when I told you they might have been caused by brambles. Then if you mean that the spots might ha*e come from some other sourcb than this man's body, then I-say, yes, certainly. Cherles Edward Donne, stationmaster, -Blueskin : — On Sunday, 14th instant, at 10.10 p.m. I saw the man Butler in the dining-room of the toga Hotel. He was sitting at the table as if thinking and looked very tired. There was only one other person in the room at this time. Butler was sitting in this position for about ten minutes, when Mr Oolehan, who was in the bar, said : v What a shocking murder that is in Cumberlandstreet." The man immediately started up and looked steadily at myself and then at Mr Russell. After this he seemed to get very impatient. I had heard of the murder at this time. Butler moved uneasily in his chair, and took vp 'a book several times and threw it down again. He unbuttoned his top-coat and put his hand into his bosom twice in succession. He kept his face shaded with his hand and looked at me several times through his fingers. Shortly after that supper was served, and I left the room leavinghim in the same seat. Mr Russell also remained. I stood at the uarlour-room door and saw Butler leave the diningroom and went away towards Waikouaiti. Witness was then examined as to prisoner's appearance, his clothes, etc. Detective Bain gave evidence as to the condition in which he found the house at 9 o'clock on the morning of the murder. He believed that the articles of clothing", etc., in the drawers had been turned over as if by someone searching for something. Outside the I window he found a white handled cheese-knife,- which was bent and had apparently been used as a lever. He had not been able to find the owner. On the chest of drawers he found a gold brooch and earrings and a gentleman's gold ring. A vest in the kitchen contained three shillings, a sixpence, and a penny. The prisoner belonged to the t criminal class, and a very dangerous one. He was discharged from gaol a month ago. Since he had seen him daily as he had been told off to watch him. The witness then particularly described prisoner's clothes, where he bad been almost every night and day, etc. Witness was cross-examined by prisoner. Jas. A, Townsend,: I am a police constable stationed as Waikouaiti. From information received I proceeded down the main road to Dunedin, and at about half-past three o'clock in the afternoon I saw a man near Merton. He was about a hundred yards in front of me, and when he saw me he slipped down behind a flax bush. Constable Coburn was coming in the same direction as the man, and he passed where he lay hiding, pretending not to see him. Constable Coburn and I met, and I asked him, " Is that . the man we are looking for V and he said " Yes." I said, " You come on, and T will go on the other side quietly, so that he can't escape." I walked off the road and went up the ditch, and saw the man lying as if hiding in the flax bush. I said, " Hullo, where do you come from V He said, " I come from Waikouaiti j" and added, " why do you ask me that 1 Are you looking for any body ?" and I replied, " Oh, not particularly." By this time Coburn came up, and I said, " Coburn, here's a man that says he's come from Waikouaiti." At that moment, the man jumped to his feet, and stepping back three paces; presented this revolver, produced. He presented it first at me, and then moved it from one to the other. We rushed at him, and jammed him against the bank. I don't think he had time to fire on us, because of the sudden way we rushed on him. ' When he was down, he sang out several times, " I surrender, I surrender." We searched him, and took these things produced from him — an opera glass, two tins of salmon, a purse containing 4s lOd ; one pocket book containing two papers, one being apparently a mask, and the other the letter that he had written to the Judge at the time of his trial j 41 cartrides for the revolver, which was loaded in the six chambers \ a piece of candle with something like blood on it; a book with manuscript music, a goldfields directory, a part of a novel, and a small neck tie. The music and opera glass were in his top-coat. He had a scarf round his neck. He had a paget coat on and dark trousers strapped down the side like what jockeys or butchers wear ; a light waistcoat the , same pattern as trousers. The hat he

had was a soft blackfelt one, the boots elastic sided, the first soles'of which had been cut off. He asked, me what I was going 1 to charge him with, an f d I replied " with attempting to shoot Constables Townsend and Coburn whilst in the occupation of. their duty." He said — " ob, if that's all, , t, don't cafe.' 1 He asked me three or , four times, w.hat I was going to charge him' with, and I , said — "• I have already told' you." He then said "I intended to. shoot the first man that interfered with me,"" I then asked him,. " How was it you did not shoot me when f first came up to you at the fliax bush?" and he said — " I don't know how it was, something kept me from doing it." After taking him to the lock-up I examined his white shirt which he wore, and I thought there were spots of blood or something very like it about the front of it, and on the back. About half-past seven o'clock that evening Inrpector Mallard arrived at Waikouaiti, and examined the man. When I examined his hands they were quite clean. He was very excitable when he presented the revolver at us. I shall never forget his look as long as I live. It was a most devilish one. His moustache seemed to have been cut off with a scissors or with a sharp knife. Constable Coburn corroborated the preceeding witness. Frederick Mallard deposed : I am an inspector of police, stationed in Dunedin. On Monday, the 15th instant, Detective Henderson and myself arrived at Waikouaiti by the evening train at about half-past 7. T immediately went to the look-up, and the accused Butler was wearing the white shirt which has been referred to by Dr Brown. I made a note of what took place in the lock-up as soon afterwards as I could. The first thing I did was to go to the telegraph office and send a telegram to Superintendent Weldon. I made the note I produce and now read at 2 o'clock on Tuesday morning : — " On ! arrivel at Waikouaiti immediately saw Butler in- lock-up. Was lying down. He at once asked me what was the charge against him. I told him he was charged with the murder of the man and woman in Cumberland street on Sunday morning". He became terribly agitated, and had a choking appearance in his throat. After this passed off he replied. The words he said, and which I sent in my telegram to Mr Weldon, are these : ' Tf it's that, you can get no evidence against me ; and if lam hanged for it I shall die an innocent man.' The words I wrote at 2 o'clock in the morning, however, are : ' If that is the charge, I have nothing to fear; for there is no evidence against me; and if I am banged I shall die an innocent man, whatever other crimes I have committed.' I said, 'There is evidence to convict you ; the fire wns put out, Butler.' He said, ' Since you have told me that, 1 will ask j'bu a question.' After pausing he said, • I will not ask- you anything/ I then examinpd his clothes and said, * These are not the clothes you left the Scotia in.' Butler answered, •No ; I threw them away on yesterday in North- East Valley. These clothes I have always had ; Mr Caldwell will tell you that.' I said, ' How can that be, when Mr Caldwell has not seen you V He said, ' There are other clothes too.' I said, ' What has become of your moustache ? you have taken it off.' It was off. He replied, * I took it off while I was on the road.' His hands are much scratched, as if by bushes. Several times he commenced to ask questions, but then said, ' No,. I won't ask you anything.' He appealed to Constables Coburn and Townsend, who were with Detective Henderson and myself, that they ought to remember him hereafter, as he could have shot them if he wished. 'Yes,' said Constable Coborn, 'so you would if we hadn't rushed you, and you got no chance.' At 10.45 p.m. visited lock-up. Butler said, *Is that you, Mr Mallard 1 I want to speak to you. I want you, as a favour, to ask the Press not to publish my career, and give me. fair play ; but I suppose I shall be convicted, and you will see I can die like a man.'" These were the notes of the conversation that I took down to refresh my memory. The first intimation he received that he was charged with murder came from ma. He seemed terribly agitated. Everything seemed to stop. There was a choking sensation at the throat, and he trembled violently. A few seconds afterwards a reaction set in of a stolid, determined nature. I looked upon it as something very extraordinary — his manner. The very first words he asked me were, " What am I charged with ?" Then^ this agitation began after I told him— indeed while I was doing so. He had command of himself when he. was intending to ask' me the questions. He several times said, " Now you havetold me, I will ask you — " and then he would stop. . An opera glass was found on Butler when arrested. It was taken from Mr Stamper's hduse on the night of the fire. It was in the drawingroom at 9\ o'clock. Butler was discharged from gaol on the 18th or 20th of February. We had taken every pre> caution to- keep this man under surveillance. We telegraphed for, -the detective to come from Inyercargill ; for the detective to come from Oamaru, but he was ill and the sergeant came ; .and Sergeant Hanlon from Port Chalmers came* On the 23rd February I wrote the following memorandum : —

"Police Office, Dunedin. As- 1 am afraid Butler, who is* discharged from gaol, is brooding 1 (I used the word brooding 1 , but perhaps it' will hardly hardly convey the ; meaning 1 ) too much, and not at all anxious for work, tell qfi Detective Bain to keephim under special surveillance."' . The i*eason L wrote, that memorandum is this. Butler called "at the office and had- told me pointedly ithat he, conld not do manual labour ; that he was not fiVfor it and could not doit. He seemed to be very desirous of getting an introduction to one or two <! gentlemen connected with the Press. He seemed to> want that; and I begged of him., to give up all idea of prison life and to turn over a new leaf. I told him I had been at Mosgiel, and that men were wanted there for harvest work, and told him to go up. He said, No ; he had never been used to manual labour, and he. would not do it. We took every precaution, but the instructions were that he was not to be harassed in any kind of way. I told Butler that " the Superintendent and. myself have no de-; sire at all that the police should interfere with you "j the only thing ws want of you is to go to work, and you will not be interfered with at all." Of course we had to keep the run of him.

TUESDAY, MARCH 30. Henry Youngman, recalled, said : I found the trousers produced on the Town Belt on Thursday afternoon last, about 12 or 13 yards from the place where I found the coat. They were folded up and were under a bush. They were very damp, and were wetter inside the roll than outside. I brought them to the police station. Edward William Alexander deposed : I am a duly registered medical practitioner. I examined the trousers produced on Friday, Saturday, and Sunday. They were stained all over generally with clay. They were damp when I first saw them, but by my orders they were dried. On the left side near the groin there was a round blood spot consisting of a crust of blood. On the right ' Side opposite these five spots of blood of different sizes, but all small. I examined the spots microscopically, and they showed the usual appearance of blood. There was a small stain on the lining of the trousers near the waist which proved to be blood on examination. I also examined the Paget coat and found a blood spot close to the fold of the collar on the left side in front. This spot also showed the features of blood. I examined the shirt and collar produced, and found a few specks of very fine blood on them, On the shirt a little below the collar in front there were three, or four very minute specks, an,d there were some four spots in a line near the armpit. There was also one on the lett sleeve below, the armpit. The blood had entered into the tissue of the shirt, from which I infer it was very fluid. Prisoner : What, sir ? Witness : Fluid — liquid — when it came in contact with the shirt. Did you see the house where the murder was committed .? — Yes. Now, you speak of a small crust of blood on the left side of the trousers about the loin I—Yes;1 — Yes ; a small spot consisting of a crust. Prisoner :. Then you speak of a small stain on the lining at the back of the trousers? , His Worship : You did not say a small stain. It was not described as being either small or large. It was a stain. Witness : It was a small stain. Prisoner : Well, supposing that the blood on the front of the clothing should be accounted for by referring to the murder, how on the same theory can you account for the blood being found at the back and in the lining? — I do not give any opinion about that blood at the back. Supposing my hands and neck were very much scratched, do you not think these scratches of blood can be fairly accounted for from that fact I—No1 — No ; quite impossible. You think it is. impossible to account' for the presence of these spots of blood by ordinary every-day circumstances 1 — These spots of blood have been impelled on the coat. They have struck, it with some little force. Idp not give, an opinion as to what the cause was. That is the impression given to my mind. It is net blood applied, but blood ejected.' " ' . : , Does your opinion amount to an absolute certainty ? — I am prepared to swear that on .my professional opinion. I. ask if your are prepared to swear that these spots of blood were impelled f —Yes. "'".'. '" ' You cannot be mistaken ?— -No. ,: ; Inspector Mallard: Dr Brown has stated beyond'doubtthat certain, wounds were found upon the "head of the deceased. If the wounds were inflicted by the axe produced, would that in your opinion account for the propulsion of blood as you have described ? _ Witness: That would account for the fine spots I have seen. Very probably they were throvva'from the weapon on to the- shirt. : ' i: Prisoner : You say it would account Ifar, the veryhigh.spotST— the spots high, : up, would it equally we'll account for the other spots i ■■- ■ ? -. r „ ; ; : Witness : It is a matter of opinion, il think the iarger spots would be occa■sioned by the blood from ;the heads of jthe.deceased. -.-- „ . ■ Prisoner : Well, I ask if. that opinion

applies to the spots on the inner. clothr ' Witness :: The fainter spots were oc- : casjoned/ !''■ thinky principally^ byl'the weapon which was used-^r were thrown from the weapon which was used. ■ Inspector Mallard :- : If your Worship 1 ; pleases I do ; hot going/; any i further to-day with the- murder case 1 His Worship, '(to prisoner)-:' 'You' I shall be. furnished with the depositions ■as far as they go, and you are remanded until Saturday on, the .charge., s . . , : 5 ......... BURGLARY. . , The prisoner was next charged with burglary at the house of Mr Stamper, solicitor..- „,.;■ , - , ; ■ -v - ; „..,., $ John Stamper and several . of his family identified binocular glasses which had been left in the drawing-room on the night of Friday 12th March, the night before the fire. i= - ■ : -- Constable Townsend, stationed at Waikouaiti, deposed that 'he'- 1 arrested the prisoner on MondayV^het 15th inst. He found the, binocular glasses produced in his righthand coat pocket. - This was the case' for' the prosecution. „..^v . _.;■ .... , }s. . ■■"• On being" ask^d'if 'He had' anything to say, prisoner said " No; sir." He was then committed for trial at the next sessions- of ' tKeV Supreme' Court. , . . .. _ - „.,,„,, ROBBERY FROM A CHURCH.' Prisoner <was charged with /stealing from St. Joseph's Church some music, ;! . on Friday, the 12th inst. Alfred Harold Norman, conductor, of, the church choir, identified the music produced as belonging to the choir--and said he missed it on Sunday the 14th inst. Sarah Gillespie, housemaid - at- ; the Scotia Hotel, said : The,:prispner had the music at the Hotel on Friday the 12th inst. When he left on • Surfday morning he left the,' music < behind, him. This was all the evidence. The prisoner asked that His Worship should deal with the; case summarily.; His Worship said that had it been a single case he certainly should have done so, but as there were, other w cbargfts and the Session being- so near he decided to commit him for trial" bii that charge also. .. ATTEMPTING TO SHOOT. The charge against the prisoner for levelling loaded arms at f Constable Townsend, was then proceeded with.,-.,. Constable Towneend repeated the" evidence given by him in., the murder case in reference to the prisoner pointing a loaded pistol at him, and was cor-, roborated by Constable Colbourne. The prisoner was committed for, trial on the charge. It was subsequently agreed to take; the murder case on Thursday,' instead of Saturday as previously arranged..