TRIAL OF BUTLER.

Hastings Standard, Issue 350, 17 June 1897, Page 3

TRIAL OF BUTLER.

A DESPERATE ENCOUNTER

WITH THE POLICE

BUTLER'S ATTEMPT AT SUICIDE.

SENTENCED TO DEATH

(Per Press Association. —Copyright. / S" Sydney, -June 16. *While being brought to Court Butler with extreme violence and fought fiercely with the constables. The police "authorities are extremely reticent and refuse to confirm the

report. When he entered *the dock the prisoner presented an exhausted and dishevelled appearance. Force is lent to the rumor by the fact that the Court was half-an-hour late in meeting.

Counsel for the defence then stated that, the prisoner wished to make a statement but was not in a fit condition to do so as he could not speak. The Court sat a short time and then adjourned till 2.30. The rumors of Butler's attempted snicide are confirmed. He was discovered shortly after 6 o'clock lying in his bunk bleeding from a wound iu the neck, near the jugular vein. A doctor was immediately summoned to the prisoner, who had lost a lot of blood from the wound, which is ugly but not serious. It is supposed that he found the tag in the detention yard and kept it carefully concealed. He refused to go to Court this morning, and was dragged forcibly into the van by half-a-dozen constables, fighting and cursing like a maniac. He was handcuffed behind, as a special precaution, before being placed in the dock, and constables on each side had an arm linked in the prisoner's, who again fought fiercely when being removed, the assistance of four warders being necessary to overpower him despite his weakness from loss of blood. Butler was ultimately handcuffed and placed in a straightjacket and lodged in a cell. At Butler's trial the medical testimony showed that it was possible, but highly improbable, that Weller's 'wound was self-inflicted. The evidence of Detectives Mcllattie and Conroy were corroborative of Roche's.

This closed the case for the Crown. An immense and excited crowd awaited the resumption of the trial this afternoon. Butler, who was sullen and weak but quiet, had his hands encased in heavy mittens, and was closely guarded. Mr Edmunds stated that Butler was still unable to speak audibly and asked to be allowed to make a statement through him. In a low voice, repeated by counsel, Butler made a statement, which was to the effect that just prior to going prespecting together Weller had been drinking heavily owing to the death of his wife. Butler bought the jewellery after they reached Glenbrook, and as Weller was very moody and depressed—the result of his drinking bout—Butler suggested a return to Sydney. Weller replied that he had no money and would never return, and suddenly drew a revolver from his pocket and placed it to his head. Butler grasped Weller's hand, and tried to wrench the weapon away but in the struggle it was forced behind Welter's head and the weapon exploded. Weller fell dead, and Butler being afraid to report the matter to the police buried the body where it fell. Previously Weller asked if anything occurred to forward his will to a solicitor. and said that Butler might have his clothes and portmanteau. Prisoner found a mate's certificate in the portmanteau. and as he had no seaman's discharges himself could not get a ship unless he used Weller s. If he made any statements to the police on the voyage from San Francisco he did so under the influence of whisky which was supplied to him all the way. The only witness called for the defence Vas a doctor to support the theory that it was possible that Weller was shot as described by Butler. Mr Edmunds addressed the Court. Ha claimed that the offence was not a try able one, extradition not having been granted on proved facts. Counsel's speech was mainly an elaboration in support of Butler's statements. He laid special stress on the fact that if guilty the latter would not have kept Weller's belongings. The Attorney-General, in replying, strongly repudiated the charges against the detectives of over-stepping their duty and tTying to extort a confession from the prisoner. lie paid them a very high compliment, and swept the defence aside as weak and inconsistent.

After a careful summing-up by Chief Justice Sir Edward Dai ley the jury retired, and returned in an hour and a half with a verdict of guilty. The Chief Justice then passed sentence of death, adding that he could not hold out the least hope of mercy. He also warmly defended and strongly commended the detectives, and suggested that they should be rewarded. The points raised for the defence with reference to the legality of the extradition will be argued befo*r tnU • \ ' rt on Monday. This Day.

The wor.r.'i- Butler's throat are as inch luiig .and not all deep or dangerous. It is thought that he had no intention of inflicting serious injury but merely wanted to cause a delay. How he become possessed of the tag is a mystery. He was stripped and closely searched at frequent intervals ami shortly before the attempt. As the Chief Justice finished passing sentence with the words '' May tha Lord have mercy on your soul," Butler, who till then was speechless, added in low sullen tones " And may the Lord bare mercy on youra."

CABLES.