FIENDISH CRIME RECALLED

Evening Star, Issue 18690, 19 July 1924, Page 8

FIENDISH CRIME RECALLED

PRINCIPAL WITNESS IN DUNEDIN. AFTER LONG ABSENCE. Memories of a ghastly crime that waa committed in Dunedin forty-four years ago are recalled by the visit to this city from Melbourne of Mr J. Robb, who, as a young man, was fated to bo one of tho principal witnesses in the case which, for its circumstances of peculiar horror and mystery, was unrivalled in the history of enmo in tho country. Tho tragedy occurred in a throe-roomed cottage in Cumberland street, between Union and St. David streets, David Dewar, his wife (Elizabeth Dewar), and their baby being murdered in their beds. Not content With this atrocious deed, the perpetrator set fire to the house and fled.

James Robb’s father, who lived near,' noticed the smoke, and at once informed the son, who was a member of the Dunedin Fire Brigade. Young Robb immediately rushed over, hut the smoke and flames made it difficult for him to make an entrance. He was forced to hold a damp handkerchief over his mouth and nostrils, and had to crawl in on his hands and knees. In the bedroom ho made tho terrible discovery. These things are still clear in the mind of Mr Robb, who referred to them in a chat with a ‘Star* reporter yesterday. The crime was discovered early on tho morning of Sunday, March 15, and “ extras” were issued in the afternoon by tho ‘ Star ’ Office, some 700 of these being distributed. The paper next day included a sketch plan of the locality, which had gained an unenviable notoriety for the occurrence of about five cases of crime and tragedy within a short time. On the afternoon of Monday, March 15, nows was received in Dunedin of tho arrest at Waikouaiti of Patrick Butler on suspicion of having committed the murder. He had recently been released from gaol alter serving a sentence of four years for bmiglarv. On being confronted by the constables from Waitati and Waikouaiti, ho got behind some scrub and presented a six-shooter revolver, which fortunately was wrested from his grasp before he could fire.

The inquest on the bodies occupied soma days. After Robb had given his evidence tho coroner said to him: “ You have given us a good, thorough account of this.” The case against Butler in the Police Court lasted several days, the accused being committed to the Supreme Court for trial.

On April 6, 1880, the case came before His Honor Mr Justice Williams in tho Supreme Court. Butler, who conducted his own defence, applied for an adjournment of the trial for a month, the wording of his application being : —“The present state and excitement of the public mind will act to my prejudice, and tend to prevent my obtaining a fair trial; that the time at mv disposal for defence is not sufficient; lhat my photograph has boon gold, and is being sold, in Dunedin and the country, and the feeling of the public, from which my jury will b'e drawn, is thereby further excited against me.” Tho Crown Prosecutor (Mr Haggitt) objected to an adjournment for a month, but agreed to allow the case to stand over till the following week. His Honor allowed a postponement till the Thursday (April 15) of tho following week. The trial, which was noteworthy for the masterly defence by Butler, lasted four days, the jury finally deciding that the accused was not guilty. Though discharged on the charge of murder, Butler was confronted with other charges—theft, breaking and entering, and arson—-on which he was found guilty. Ho was reported, though only twenty-nine years of age, to have a long list of convictions in Australia for serious offences. The sentence of Judge Williams was eighteen years. Butler served portion of tho sentence, was released, and went to Australia, where he was eventually hanged for murder.

Mr Robb, who is looking halo and hearty, prospered in Australia, and for several terms was a member of the Korthcote City Council. Ho also took a keen interest in technical education. When in Dunedin he was a member of the Union Football Club, and represented the province on one occasion. He left Dunedin thirty-six years ago. His most vivid recollection of his connection with tho tragedy of forty-four years ago is the fact that for several days he was shadowed by Detective Bain, the police officer in charge of the investigations. He did not know, at the time that the detective was watching him, but was told afterwards by Mr Baiu,