THE CUMBERLAND STREET MURDER. (Evening Star, April 15 )

North Otago Times, Volume XXVIII, Issue 2463, 16 April 1880, Page 2

THE CUMBERLAND STREET MURDER. (Evening Star, April 15 )

The hearing of the charge of murder against Rob*rb Butler, alias Donnelly, alias Leo, was commenced at the Supreme Courthouse at ten o'olook this morning before Mr Justice Williams, the building being filled in every part. The Grown Solicitor (Mr B. 0. Haggitt) conducted tho case for the Grown j the prisoner was not represented by counsel. Butler having takon his place in the dock, The Registrar read the indictment on which the prisoner was first arraigned, Prisoner (in a firm voice) pleaded not guilty. After the prisoner had challenged 12 of tho jurymen, and the Grown had requested two to stand aside, the following took their seats in the jury box — namely, William H. Quick (foreman), John Walker, David Mnro, jur., Henry Pissey, Mots Moss, Charles Dale, Qeorge Armstrong, Roderick M'Donald, Wjljiam Richmand, Miohael Sullivan, James Ltngmuir, John EJ. Whittoke. Tho prisoner having assured the judge that he had made up his mind to defend himself, His Honor expressed regret at the resolution thus adopted by tho prisoner. Mr Haggitt, in opening the case for the Grown, said ; May it please your honor, and gentlemen of the jury, — In Cumberland street, a short distance from St. David street, there is a small cottage which stands back a short distanoe from the street, not very far, but further than the other houses in tho immediate neighborhood of it. In front of that cottage is * small grass plot, and by the side of it there is a passage leading up to some cottages in the back, The plaoe is pretty thickly surrounded by dwellings, all of which at the time of the ooourrenoe, the circumstances of which you will have to judge to-day, were occupied by different people, The cottage wnioh I have first mentioned to you was oooupied by the deceased, Jamos Murray Dewar, The decoated was by trade a butcher. He wn«i a married man ; he had been married some eighteen months, and he had one child only. The husband and wife, tho evidence will show you, lived very happily and comfortably together. Tho husband was a hard-working, industrious man, of a happy disposition ; the wife was an affectionate wife, a good mother, a good housekeeper ; and their house, as you will hear from tho evidenoo of thoge who were in it immediately after the occurrence took pjaco, was well and tidily kept, and had every appearnoe of being a comfortable home. At the time of his death the deceased was in the employment of a Mr Howard — Richard Sfweetmtm Howard— a butcher. He was employed in his ordinary occupations up to nine o'clock on the night of Saturday, the 13th of March. At that time his en»ployer was talking to him immediately be* fore he left to go to his home. He wai seen to get into a tram-oar. The traracarintowhioh he got he ww known to the driver of, and he got out of the tram-oar at the. corner of Bt. David street about ten minutes past ten, and, as far as is known, that was the last time he wai seen alive, About eleven o'clock a Mr Hollander, a neighbor, pausing tho house baw m. light in the bedroom window 5 and at four o'clock on the following morning a Mr Haydon, another neighbor, was disturbed by a noise which louncUd like »om«thing ht»vy fall*

Ing. He got up, and imagining that it might be his own stable door that was knooking about with the wind— it boing a very boisterous night— ho went out to sco if suoh was the case, and found it was not, and returned to his house notioing nothing — I mean nothing to account for the noise, but he did notic* that in the •itting-room of tho deceased's houao there was a dim light. Ho heard nothincr more until about 6.30 o'olook on the following morning. At that hour a person namnd Charles Robb, living at tho opposite aide of Cumberland street to that on which tho house of tho deceased was, saw smokp coming from the house. Ho wok|> his son, James Robb, who in a member of the Fire Brigade, and James Robb went across to Dewar'a house, knocked at the door, received no answer, and then proceeded round to the back of the house, where ho found the back door open. Ho entered tho house, found it full of smoko, called to those in tho house to get up, received no answer, and feeling unable to get along in consequence of the smoke which filled tho passage, he went down on his hands and knees, and by that means crawled along to the front part of the house and into the bedroom occupied by the deceased and his wife. Dircotly he got inside the bedroom door, or approached the bedroom door, he hoard a peculiar (noise, which he desoribes as a jury-box sound, and then immediately aftorwards he felt the body of some person on the floor. He pulled this body out into the passage, and in the act of pulling it out discovers it was a woman ho was rescuing, and having placed her in the passage he got water and extinguished the fire which was burning in the room. Having extinguished the 6re he notice! that tho deceased was lying in his bod, which apparently was undisturbed. Ho noticed also, gentlemen, that standing alongside tho bed where deceased was lying, between the door and the head of tho bed waa an axe, and that axe on subsequent examination proved to havo upon it blood and hair The deceased was last seen, as I have told you, at a little after ten o'clock ; a light was seen in his bedroom at eleven o'clock; a light was seen in the sitting- room at four o'clock in the morning ; the house was seen to be on fire at half-past six, and upon persons attracted by the fire going to the house they found that the backdoor of the house was open. There is one other circumatanoe which I had forget to mention, and which I will now mention — namely, that when Mr Robb, who was the first poreon to see tho fire, looked at the house, he saw that the lower sash of tho window of the sitting-room was raised about a foot or fifteen inches, and was standing open. That was the appearanoe of things, gentlemen, and in the house were found, as I have told you, the body of the deceased quite dead in his bod, the body of his wife lying upon the floor of the bedroom, taken out by Mr James Robb, as I have told you, and in addition to these two bodies there was found the body of the baby dead, but with no marks of violence upon it — the body of the child of the decoased. To oomplete this part of the story, gentlemen, I may say that Mrs Dewar at this time was not dead, that a doctor (Dr Niven) was called in ; he examined her, ordered her to be removed to the Hospital, and she was there removed accordingly. Now, these are the atate of facts as they were known on Sunday, the day on which this offence was committed. Upon the morning of Thursday the 11th March, gentlemen, just two days before this murder was committed, the prisoner wont to take up his abode at the Scotia Hotel. Tho Scotia Hotel is situated at the corner of Leith street and Dundas street. At the time that he went to the hotel ho was dressed in a suit of dark lavender with a small cheok on it. This dress, gentlemen, you will find by and bye hat some importance attaohed to it. The dress is deaoribed as boing of dark lavender with a small chock on it. He had a parcel with him at the time he went to the hotel. Ho also had a blue top coat and a white muffler, and at the time he went to the hotel he waa wearing a moustache, the rest of his face being olean shaved. Ho removed to tho hotel on Thursday and slept there on Thursday night ; he remained in the hotel principally all day on the Friday, but went out on the night of Friday about six o'olook } he did not return on Friday night } he waa not aeen ao far aa I know at the hotel on Saturday — he did not return on Saturday night ; ho waa not seen there on the Saturday night, or until about half -past six or five-and-twenty minutes to seven, which is the exact timo on the Sunday morning when, upon tho door of the hotel being opened by Sarah Gillospie (one of the witnesses who will bo called before you to-day), he was scon standing at the door 5 and, upon tho door boing opened, he entered the hotol. At this time, gentlemen, he was still drossod in the lavender suit of which I havo already spoken. He was still wearing tho moustache which he had worn when first he came to the hotel, but it was noticed by Miss Gilloapio that he was excited and pale, that he appeared to be disturbed in mind, restless, and afraid, aa if someone waa coming after him. He went up to his room, ho got his ooat and muffler, whioh I have spoken of, and brought down the parcel whioh he had there, and wont out of the hotel, having provionsjy put on his coat, whioh he buttoned closely up to his throat, He went outeide the door of tho hotel, stood at the corner of the street, and looked about him. Ho then returned to the hotel, had some beer to drink, remarked that he had had no break fe it that morning, and having had the beer ho finally left the hotel. [At this stage all the witnesios in the case were, at the prisoner's request, doaired to leave the court.] Mr Haggitt resumed ; The prisoner having drunk the beer he had ordered, went out of the hotel again j stood for a few minute* at the oorner of the atreot, again looking about him, and finally went away. He is next aeen at the store in the same atreet — at the oorner of Dundas street and Oastle atreet, where ho went apparently immediately after leaving the hotel. The timo that elapsed ia so short that he could not have gone anywhere else. Tho store was shut up at this timo, no one was about. He knocked at the door, and, whilst waiting for the door to be opened, ho walked to the corner of Cumberland street and stood there looking down in the direction of tho house where the murder which I have told you of had been committed. He was aeon by two persons at this corner, and looking in that direction. A boy, when he came to the door, looked up the street, aaw him there, went in again, and ■hqrtly afterwards— a minute or two afterwards—the prisoner cams back to the door, knocked again, was admitted, and when he got into the ahop he purchased from the boy four tina of lalmon. He •aid little or nothing, T^e bqy s&js. he aaid nothing more than waa absolutely neoeaaary to obtain what waa wanted ; but, having obtained the salmon, he took it away with him, and is not scon again from that time until ten rainutea paat ten the same night '(Sunday night), when ho ia aeen at the Saratoga Hotel at Dlueakin. But, gentlemen, although the prisoner ia not aeen in the meantime between the time of being aeon at the afore and the time of hia again being aeen *t the Saratoga' HoUl, he has. bten tracad by

link* of evidence whioh, I think, will satisfy you «d to whore he was. Prom the store, gentlemen, he went to the Botanical Gardens, for in the Botanical Gardens are found two tins of salmon, exactly similar in every respeot to those which he purchased at Leighton's store. From there, gentlemen, ho proceeded to the Town Belt. From there, gentlemen, he must have made his way— how, wo do not know— to Bluoskin, whore he was soon, a<* I have already told you, at about ten minutes past ton, sitting in tha dining-room of the house, by a witness of the name of Donna, who will be o.illed hero today. At the time, ■{outlemon, when he wns first scon by Mr Donne, Mr Donno notiood that he was sitting in a restless attitude, looking verj tired and weary. After he had been sitting thero about ten minutes, the landlord of the hotel, MrOoloughan, who was in the bar— not in the room whore the piisonor was— -made a remark to someone in the bar which the prisoner overheard, the dining-room in which he was being in full hearing of the bar. Tho remark made by Mr Oolou^han was to the effect of " What a shocking tnurdor that was in Cumberland street." Upon this remark being hoard by the prisoner Mr Donno notiood that hit manner immediately changed ; he said not a word, but Started up, bocamo restless and impatient, kept shifting uneasily in his chair, showed nnxiety to get out of tho hotel as soon as possible, and after having hastily taken his supper, ho left the hotel immediately. He is not noon again gentlomen, until the following day about hal-past three in the afternoon. Ho is then found on tho road to Wnikouaiti, about five miles on the Dnnedin side of it ; and he is found in this way. I must tell you, gentlemen, that up to this timo it was not known who it waa that was being followed up ; but tho fact of a man of suspicious appearance having boon soon at the Scotia Hotel, and the fact of a man of suspicious appearance having soon at the Saratoga Hotel, beoamo known to tho polico, and immediately on that boing known, Oonstablo Townshond waa despatched, by telegraph, from Waikouaiti to proceed in the direction of Blueskin, and Constable Ooulbonrno was dospatohod, also by telegraph, from Bluoskin, to procoed in tho direction of Waikouaiti in search of some man. Noithor of these constables know anything about the murder ; they had no instructions with regard to it, except that they wore to arrest a suspicious man and charge him as a vagrant or vagabond. Not a word was said about tho murder at all. I think it is necessary to explain this, in consequence of what folio wa. Tho two constables mot at tho spot I have told you of, about five milea on this side of Waikouaiti. Boforo thoy mot, and whilst they wore in sight of one other, Oonstablo Townshond saw a man «o into tho bush a little way off tho side of the road. Constable Coulbourno passed tho man who had gone into tho bush, and came up to Townahend. After exchanging some words, which I must not repeat to you, Townshend went into tho bush whore tho man was that had been soon to go in, and when ho got up to him ho asked tha prisoner whoro ho had come from, to whioh tho prisoner repliod that he had come from Wnikouaiti. Whilst Townshond had been approaching tho prisoner in ono direction Ooulbournn had boon approaching in another. At this timo Conlbourno was immediately opposite tho prisoner on tho other side of him. Townshond said to Oonl bourne " Hero is a man who says ho has come from Waikouaiti," and immodiatoly this tnkes plaoo tho prisoner stepped back a pace or two, drow a revolver, presented it at Constable Townshend, and as tho oonatables approached he changed the direotion of tho revolver from ono to the other. The oonstablos, seeing the danger thoy wore in, rushed him simultaneously, got him against tho bank, took tho revolver away before he had an opportunity of firing it, and secured him. Having secured him they took him to Waikouaiti, where thoy looked him up. Upon tho prisoner being searched there was found upon him amongst other things an opera-glass, a mask, a paper mask, two tins of salmon corresponding in every particular with those purchased at Loiiditon's store, and forty-iix oartridjen for tho revolver, which ho had with him. Now, gentlomen, I will nnk you to go baok to the homo in which this murder tt.n committed. Tho subsequent examination of tho liouso indicated several things. First, in oonsoquonoo of a knife having boen found upon tho grass plot, whioh I have already spoken to you of, in front of the window, whioh was soen open by Mr Robb, it nppoarod that tho houso had boon probably entered by the opened window of tho sitting-room ; and thoro was a further indication of this inasmuch as upon tho sill of tho window thoro wore found traces of the naila of a boot-— traces mado by tho nails of a boot of a person getting into the window, There were also indications that the objoct of tho person ontering was probably plundor, inasmuoh as the contents of a chest of drawers had boon turned over with tho view of searching for money apparently, although thoro was nothing to show that anything had been taken from the house. Appoaranoes also indicated that tho deceased had boon murdered whilo ho slept, and that tho murderer had subsequently attomptod to set fire to tho houso to conceal his orlmo. The blood that had come from tho wounds that had been inflicted upon the deceased man all radiated towards the corner of the room against which the baok and side qf tho bed stood (Mr Haggitt pointed out the position on a oard,) Tho bod and chair occupied the whole of the space botwoen the wall and the door, and the spot of blood which £ am now speaking of, which oame from the hosd of tho man, all radiated in the dirootion of that corner of the room. But whilst, gontlemon, tho larger spots of blood all went in that direotion, thero had boon some smaller spots which had shot out from the wounds, and those smaller spots there were indications to show had come in tho direotion of tho plaoo wore the personvmtfnmitting tho murder had stood. Wpon the back of the door small specks of blood wore found, and it was suppoaed that if tho person who had committed tho murder could be found thero would bo found upon his clothes similar marks to those that were on tho door. Then, gontlemon, these wore tho oluos which had to be followod up : first, tho knife found ai I have told you on tho grass plot ; secondly the boot-nail marks, and thirdly, tho blood whioh would probably, as I have already told you, bo found in small spots unqn tho olqthing of tho person who had committed the tnurdor. Gentle? men, with regard to the knifo ; all efforts to find out whoro that had como from have failed. The utmost thatoan be dono with rogard to the knife, as you will hear, is to show that it did not belong to anybody in the house or to anybody in the neighbqrhood of the home, and that sqch a knif« had never been seen on the premises previously to this night, With regard to the mark of the boot-nails nothing oould bo made of that ; but there is thin oiroumstanoe whioh I may mention to you, gentlemen, and to whioh you will attaoh such importance as you consider it deserves. That immediately before tho prisoner was arrested in the way I have described to you, he had removed from his own booti the ouUr iolei, Ho had

been wearing previously what uro Called, I believe, clump-soled boot*, nnd on bis being arreited by the constables, os I have told you, it was found thnt the outer of these boots hnd been removed, and it wns known that the outer soles had been removed only a short time previously inasmuch as some nails which had fastened the outer soles to the inner soles were still found upon the boots, which proved that the outer soles must have been removed only a short time previously, for a small amount of walking upon the hails of . the inner soles would have had tho effect of breaking them off. But as I was saying, gentlemen, from the effect of those soles having been removed from the boots nothing could bo made of the nail marks, therefore, gentlemen, the only clue that was left was the blood which was likely to be found upon the person of the murderer. I have already told you that the prisoner wm last Men in the town — at the Scotia Hotel — on the Sunday mornine ; ho was •till wearing a lavender unit, which he was wearing at the time he first went to the hotel. At the time of his arrest he was wearing an entirely different suit. What had become of this suit he had been wearing on the Sunday morning ? There wns no ostensible reason why that suit of clothes should have disappeared, or why the prisoner should have loft them off. Search was accordingly made for this suit of clothes by the police and other persons. It was discovered on the Town Belt fey Mr Tounginan, the Town Belt ranger. So that by this means, gentlemen, the police got possession of the coat, trousers, cravat, and hat, which had been worn by the prisoner on the Saturday night and up to seven o'clock, or half-past six at any rate, on the Sunday morning on which this murder was committed. The shirt which the prisoner had worn he still continued to wear. That shirt had been found on him, and was taken from him at the time of his arrest at Wnikouaiti shortly afterwanls. On this shirt being examined by means of tho magnifying glass and the microscope, there were found on it specks of blood corresponding exnetly with the character of the specks of blood which, as I have told you, wero found on the back of the room of the door. Upon prisoner's coat were found some blood spots; on his cravat one spot was found ; and on the collar of his shirt another blood spot was found. On his trousers were found, in a line on both sides in the higher parts of his thighs, blood spots also on both lides, and the medical gentlemen who have examined these clothes are agreed beyond the possibility of doubt that the marks which they found on these clothes are blood. They are also agreed on this further fact : that the blood marks on these clothps were produced there by the blood being projected on to the clothes and in no other manner. What is the explanation the prisoner attempts to give for the blood being there 1 He attempts to account for the blood on his clothes by the fact of his hands being scratched, for it is a fact that there were scratches on his hand. The medical men will tell you, gentlemen, thnt supposing the prisoner's hands had bled it was utterly impossible that tho blood found on the clothes couid have been caused by that means, inasmuch as blood 10 caused would Lave presented a smeared appearance, and not the appearance which these clothes presented, viz., as I have already told you, having been projected on to the clothes. Gentlemen, the theory is this • The prisoner was away from his residence — from the place where his bed wns and where he was supposed to be sleeping — on the night when this often co wns committed. He was in the neighborhood of the place where the murder was committed at, about, or near the time when it may be supposed it viaa committed He was attracted to this house, we suppose, by the fact of its standing some short distance back from the road, and not being so liable, therefore, to be observed in entering it as if he had attempted one which was situated close to the road, as the other houses in the neighborhood. Ha entered that house not with any intention of murder, I think, but with the intention of plunder ; and with the determination to murder if it should happen that he had been disturbed in the main object of his visit there. I should say that he entered the house for the purpose of plunder, and not with the intention to commit murder, for this reason — that, if the person who committed this murder— whether the prisoner or anybody else— had gone there with tho premeditated intention to commit murder, the probability is that he would have taken with him a weapon with which to commit the crime. So far as we know prisoner had no weapon. Mr Haggitt had not concluded his ad* dress when the Star went to press, but we learn by telegraph that after its conclusion a number of witnesses were examined, and the case was adjourned till next day.