THE INQUEST ON THE LATE OUTRAGE.

Oamaru Mail, Volume IV, Issue 1228, 24 March 1880, Page 2

THE INQUEST ON THE LATE OUTRAGE.

(Abridged from the Daily Times.) The inquiry before the Coroner's jury was resumed- yesterday afternoon at two o'clock. Henry Youngman deposed : I am Town Belt ranger for the city of Dunedin. On Saturday morning last, having read the newspapers and noticed that Sarah Gillespie had stated that the boots of the man Butler were covered with mud, I drew a conclusion from that that the man must have been skulking in the bush in a gully between Judge Chapman's house and the Northern Cemetery. I went on purpose to search for the clothes in that locality. I met Sergeant Deane and told, him my intention. At about ten o'clock I went into the bush, and at nearly one o'clock I discovered a salmon-tin (produced) a little distance from the road, and within about 50 yards of the cemetery. Five or six paces farther into the bush I found the coat produced. I brought the coat to the detectives' office. The coat, was damp. I do not consider the coat was so wet as to lead to the belief that any stain upon it had been washed out. It was damp, not wet. I returned afterwards with Detective Bain, and showed him where I had left the salmon-tin lying. I searched then until sis o'clock, but found

nothing else. On Sunday morning I resumed the search about half-past ten. After going round by Opoho and the Botanical Gardens, I returned to the spot where I had found the coat and salmontin. About three or four yards from ; where I had found the coat, I picked*up the hat and necktie produced. I brought the hat and necktie to the Police station. George Hutchinson, 14 years of age, deposed : Last Sunday morning I found the two salmon tins (full) produced in the bush near the seat in the Botanical Gardens, overlooking Howe-street. It was off the- footpath:' I and the otlier boy with me went into the bush to look for things. < . ._' John Wordsworth deposed : I drive a milkcart for my who lives, in North-East Valley. I was coming along Cumberland-street on Sunday morning, the 14th, at about half-past six o'clock. Between Howe and Dundas streets I noticed a man crossing from the righthand side of Dundas-street over towards Leighton's; store: He was coming towards Cumberland-street from the. Scotia Hotel. I stopped to serve a customer at the corner of Cumberland and Dundas streets, and saw the man stop at the corner of Leighton's store. When I looked again he had come to the private door of Leighton's store, and stood with his back to the door. As I got up to him he came forward to the kerbing and stared greatly at'me. That made me take notice of him, as I thought he wanted me. I stepped out of the cart to go round the corner to see who he was or what he was throwing ktones for ; and when I got to Leighton's store the man was within seven yards of Cumberland-street. He went to the kerbing, and stooping down, looked along Cumberland-street towards where the murder was committed. He then turned directly around to come back towards Leighton's store. He only looked for a moment or so. I nearly spoke to the man, to ask him if he wanted some milk. I noticed him particularly. He looked very pale. He had a low felt hat on, a white muffler doubled round his neck twice, and an overcoat buttoned close up to his chip. I next saw the man this forenoon in the Gaol. I recognised him. I cannot say whether the man had a moustache on on the Sunday morning, but lam sure he had no whiskers. I am sure he was not so pale this morning as on Sunday. Dr. Brown then gave evidence to having attended Mrs. Dewar, and stated that the wounds found by him upon the bodies of Mr. and Mrs. Dewar could have been inflicted with the axe produced. One of the wounds upon the body of Mr. Dewar contained a distinct impression corresponding in size with the head of the axe. After giving evidence upon the result of his medical examination, the shirt of Butler was produced, and Dr. Brown proceeded as follows : —I recognise this shirt. . It was given to me by Mr. Mallard. I examined it, and found a number of 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 wristband there are two very small clots. It is stained also on the right wristband. I submitted the clots to a chemical and microscopic test, and am convinced they are blood. There is a small clot also on the collar. The Coroner : Could you say whether these are human or any other blood 1 ? Witness : I could not. 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 the left flap of the breast there was a small red spot opposite the- buttonhole which gave the same result by chemical tests as the spots on the shirt. It had been exposed, and I could not get microscopic results. There was a siriiilar spot on the inside of the right sleeve, near the edge of the binding; and to-day I discovered a small patch inside, near the collar and flap join. On the scarf there was an egg stain in front; along the back I found one that gave a similar color 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. The Coroner : Is it compatible with a man having given such blows as those death 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. On the door I found only a few spots about the size of pins' head ; and the spots on the shirt were the same size. There would be no spurting of blood from any large vessel as the result of the blows death proceeded from. Blows such as I have described do not cause large loss of blood. The Coroner : It by no means follows that the spots on the shirt came from the wounds. Could they have got there in any other way ? Witness : Another way has suggested itself to me, but it is from a matter of hearsay. I have heard the man's hands 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 it is possible, but not probable. The blood spots would probably have been largier; indeed, his fingers would most likely have come in contact with the shirt and smeared it. The Coroner : Do you suppose that all these might be accounted for by a person giving a blow? Witness : Yes ; but there is one I cannot account for —the one in the inside of the sleeve. It might have spurted up. To the Foreman of the Jury: The wounds and bruises on the bodies of the deceased persons were quite fresh. 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 Foreman : Can you form any opinion as to the length of time the blood had been on the shirt ? Witness : No. The Foreman : One of the jurymen wants to know if the doctor has seen the prisoner ? Witness : No. The Coroner then called Constable Colbourne, of Blueskin, who stated that when he arrested Butler, the latter's hands were scratched as if in going through the bush. The Coroner (to Dr. Brown) : There is nothing incompatible in the supposition that marks of blood on the shirt were caused by the blows of the axe ? Witness : No. It is a very likely way in which they would be caused. 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 seven. I immediately went to the lockup, 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 ancl send a telegram to Superintendent Weldon. I made the note I produce and now read at 2 o'clock on Tuesday morning :-—" On arrival at Waikouaiti immediately saw Butler in lock-up. Was lying down. He at' once »sked' me' "what was the charge

against him. I told him he was charged with the murder of the man and woman in Cumberland-street oh 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. Weldori, are these : 'lf it s that, you can get no evidence against me ; and if I am hanged for it I shall diej 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 hanged I shall die an innocent man, whatever other crimes I have committed.' I said, 'There is evidence to convict you ; the fire was put out, Butler.' He said, 'Since you have told me that, I will ask you a question.' After pausing he said, ' I will not ask you anything.' I then examined his clothes and said, ' These are not . the clothes you left the Scotia in.' Butler answered, 'No ; I threw them away yesterday in North-East Valley. Theseclothes I have always had ; Mr. Caldwell, will tell you that.' I said, ' How can thatbe, when Mr. Caldwell has not seen you 1' He said, ' There are other clothes; too.' I said, ' What has become of your moustache 1 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 Colbourne and Townsend, who were with Detectivo Henderson and myself, that they ought to remember him hereafter, as he could have shot them if he wished. ' Yes,' said Constable Colbourne, ' so you would if we hadn't rushed you, and you got no chance.' At 10.45 p.m. visited lock-up. Butler said, 'ls that you, Mr. Mallard ? 1 want, to speak to you. I want you, as a favor,, to ask the Press not to publish my career,, and give me fair playbut 1 suppose II shall be convicted, and you will see I can die like a man.'" To the Coroner : The first intimation he received that ho was to be chargeA with murder came from me. 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. 'I he 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. H& several times said, " Now you have told 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 house on the night of the fire. It was in the drawing-room at nino o'clock. Butler was discharged from gaol on the 18th or 20th February. We had taken every precaution to keep this man under surveillance. We telegraphed for the detective to come from Invercargill and for the detective to come from Oamaru, but he was ill and the sergeant came ; and Sergeant Hanlon, from Port Chalmers came. On the 23r& February I wrote the following memorandum. " Police Office, Dunedin.—Aa I am afraid Butler, who is discharged from gaol, is brooding too much, and not at all anxious for work, tell off Detective! Bain to keep him under special surveillance. The reason I wrote that memorandum is this : Butler called at the office and had told me pointedly that he could not do manual labor ; that he was not fit for it, and could not do it. I told him that 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 labor, and he would not do it. I told Butler that " the Superintendent and myself have no desire at all that the police should interfere with you ; the only thing that we 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. The Foreman : I do not know what, position Butler holds in this Court, but we would like to ask if there is any evidence to show any motive on his part, supposing he was the murderer. The Coroner (to witness) : Could you assign any motive at all ? The Foreman : If you have no objections to answer.

Witness : Well, the only motive that I can at present assign is this—deadly hatred to everyone. His temperament, from what I have seen of him, would cause him, if he got into your house, to murder you just as soon as anybody else. Detective Bain deposed : I identify the coat produced, and found by Mr. Youngman, as having belonged to Robert Butler, alias Donnelly. He wore it on Saturday •night, the 13th. I have seen Butler wear the scarf produced also. He did not have it on on Saturday night when I saw him. I believe the hat produced is the one owned by him, but I would not swear positively. He was wearing the hat on the Saturday night. The Coroner : I may mention that Mr. Torrance, the chaplain of the gaol, and Mr. Caldwell, the governor, several times advanced Butler money and gave him clothes. They also offered to find him work, and work was found for him, as you know. The Coroner then addressed the jury, going carefully through the evidence that had been adduced. The jury, after deliberating three hours,, returned a verdict to the effect that Robert Butler, otherwise called Donnelly, did, on, the 14th day of March, feloniously „ wiU fully, and of his malice aforethought* killi and murder James Murray Dewar, Eliza-» beth Mary Jane Dewar, and Elizabeth Lindsay Dewar. A verdict of arson was also returned against Butler for setting fire to the house. The verdicts were signed l»y only 12 of the jurymen, the two others taking this means of recording their dissent. The following riders were added to the verdicts :—" (1) The jury are further of opinion that Robert Butler should have been present during the inquest, as it appears to them his absence thereat was contrary to the principles of justice and of fair play; and further, his absence has weighed greatly with many of the jury, who felt that they were scarcely in a position to return a verdict against a prisoner who was not present to hear the proceedings, to cross-examine upon them, and, if he chose, to give evidence. (2) They also desire to express their high appreciation of the conduct of the fireman, Mr. Robb* who first appeared on the ground, 88 of Constables Townsend and OoWwwne, for their smart apprehension of the supposed criminal." In relation to the first clause of the rider, the Coroner said : I am very glad such a rider has been given, as it has been a source of great anxiety and regret ta pie that the prisoner was not present j and I hope that your rider, which I shall for. ward to the Government, will have the effect of preventing a thing of thiß kind in the future.