THE CUMBERLAND-STREET TRAGEDY.

Oamaru Mail, Volume IV, Issue 1235, 2 April 1880, Page 2

THE CUMBERLAND-STREET TRAGEDY.

(From to-day's Daily Times.) i The remanded charge against Robert Butler, alias Donnelly, alias Midway,: alias Lee, for wilfully murdering David Dewar, Elizabeth Dewar, and Elizabeth Agnes Dewar, was resumed "at the Gaol, before Mr. Watt,R.M., yesterday morning. Prisoner complained that' he had been remanded until Saturday, and that he .would be unable to call witnesses, which he hM intended "doing. His Worship said at the close of the day's proceedings he would grant aremand until Saturday, if prisoner desired it. Thomas; Morland -H'ocken : deposed : I am a duly registered medical practitioner, residing in 'Dunedin. • I recognise the shirt produced;as that given to me .by Inspector Mallard. I examined it and found sma,ll;fspots of blood on the neck, band, shoulder-band, and right arm-pit, the left arm, and on one wrist-band. —the right. I find there are -spots on both vvrist-bands. I ; think T observed 14 spots ;on..^he : shirt altogether. I examined the .trousers produced-in conjunction , with Dr. Alexander. There were several spots on them, mainly on the right front thigh, and one. on jthe left front thigh, .and on the back of the inside band of the trousers. I examined the coat produced likewise. On the roll of the left breast and on the lining of the cuff of the right arm I alsb found blood spots. -Prisoner : Do you not think it possible that .these spots-on the neck-band of. the shirt' may havje arisen from some causes, not having reference to the murder, such as shaving, for instance ? Witness : I do not think'-it possible.

You don't think, it possible that the spots could have arisen from some causes other than the murder ?—I did not say so. I said-1 did not - think they could arise from shaving. ■ • . : Do you not think they could have arisen from some other cause, such as blood on my hands? Supposing toy hands to have been severely wounded, do you think it possible for the blood on the shirt front to have come from that source ?—Certainly not.-' ;• ' " You- think it utterly impossible ? Utterly impossible. They are spots of blood, not' smears. Don't you think if I had been rather severely cut in shaving that-some spots of blood might have "fallen on my shirt?— Oh, no. "■ You don't think so ?—lf you cut yourself so severely as to allow blood to trickle down,: there would be very large drops upon the shirty and not those small spurts, I don't think it at all ' i.Now, you see this necktie 1 ? Now,, when this-necktie is on, the coat being also on, it completely shields the shirt.—Just so. (Prisoner.here put on the necktie.) .Now, if this necktie were on, don!t you think it very impossible—for blood to reach..the shire ? If it were so perfeotly covered as that,:no doubt ; but I can conceive that the scarf may not .have been so tightly up to the thr.oat as. you now have it. ... : His Worship : I can hardly take this down. It is a question for the jury. Prisoner: I asked if the shirt is protected by the scarf being on, is it not improbable that blood should have reached the shirt ? r.. ~ ■ Witness : Yes. If the shirt wero perfectly protected by the scarf, it is impossible that , such spurts as I saw on the shirt should get on : to the shirt, if that i 3 the. answer. • . • * • .

Yes. Supposing it were put on negligently, it would be only -a little lower. Now, even then the shirt would be protected from the shirt-collar downwards. Do ybu not admit that I—ISTot necessarily adsolutely. I have worn these myself, and I know the angles are constantly getting out, and that they readily .00me out a good deal more than you represent Upon-yo.urcolf. His Worship ; I don't want.to interrupt you, exoept for one reason. .Unless you are photographed in your different positions, how am 1 to explain it :on the depositions ? And lam not to decide the question. Your examination will be an improper one. - Prisoner : I will just ask this question. I don't Wish your Worship to take it all down. (To witness) :If this scarf is on imperfectly, is it not possible that the shirt would be protected 1 Witness : Partially protected. My answer would be but a repetition. If the scarf covered the shirt it would be impossible that suoh spots as I saw would get on to .the shirt. It is a modification of the same question. Did you examine this scarf ?—'Ses, I looked at it. I did not see any mark of blood on it. I saw a mark, as if of some stain of food.

Is that the mark you mean .(pointing to a mark on the necktie) that is it, I think. Then what was the other mark which is cutout?— This scarf I did not examine microscopically at . all. . A mark at the back struck me as possibly being blood,, but I did not examine this scarf microscopically at all, so I cannot give an opinion. :

You don't know what that mark is that has been cut out ?—I don't know what it is. No. The only stain I examined was that of food, apparently, and the mark at the back. It looked like blood, but I did not examine it- minutely. I should say, though, as regards this, I am not certain as to whether this . is one of, the pieces I examined conjointly with Dr. Alexander. I cannot say. If he should say it is, I shall know then whether it is blood or not. The blood upon the wristbands of the shirt —now,- if my hands are very much scratched,' don't you think that that would account for the blood upon the ; wrists of the shirt?—No,.l don't think so.

You think : not ?—No ; they were not such marks of blood as would follow scratches upon the hands. Were they on the inside of the wristbands ?—Aye. It depends how you had thorn. If you had them opened back you would have them upon the outside. . Well,, they were on the inside of the wristbands ?—Yes ; on the inside of the wristbands, Of oouy-se the inside would be th§: outside, I should understand. It depends how they are worn. But they are on the inside of the wristbands, :.There Js -a stain on the inner lining of the trousers—on the band-lining of the trousers? —-Yes. ,!i

1 Do you think thatystam might have arisen from ordinary causes ?—What do; yon mean by ordinary causes ; ? Well, ordinary, every-day, any cauaes other ~ than referring to • the iqu rder. Well, that looked smeared. That looked a smear of bldod-=suQh a one as might arise fro r m 'si scratched hand, or anything of the sort. That certainly differed from the appearance of the other spots marked upon it. Prisoner (to the Court): May I look at the coal for a moment, please ? After looking at the coat he sat down. His Worship asked the witness if he. thought the cuffs had been turned back, judging from their appearance. ; Witness : I should think it was turned up, or back. ' In one or both wrists ?—Both have that appearance; His Worship (to prisoner): Do you wish to ask any further questions V Prisoner : No, sir.,.. His Worship : : Mr Mallard.

Inspector Mallard 5 Perhaps Dr. Hocken will give the difference between the drops of blood caused- from shaving and the prints on the shirt. (To witness) —You stated that there is a between the two ? • : : Witness : Yes. His

Inspector Mallard : That is already own. | ;: :v , 'v , ' ' Witness : I should expect to Bee them. E a drop of blood fell from the cut of a laven face, it would be, in the firßt plwce, retty extensive to allow it to trickle down le cheek, but would continue to run own the shirt, but malting a, sort _of ;re ak different to what were on the shirt, hey were quite different to those caused y shaving. , , Inspector Mallard : Dr. Brown has told s the clothes— — His Worship : That you can't go into nless the prisoner has a chance of crossxamining. Inspector Mallard : What, the questions 3 to blood T: His Worship : It doe 3 not arise out of nything in the cross-examination. Inspector Mallard : The prisoner puts his : u Assuming I were shaving, would ot those spots of blood arise from having?" He- puts it tliafc way, ut it another way. Assuming that when ome clothes come —■— _ , His Worship: Fo clothes are mentioned a the cross-examination, neither have w& )r. Bpown. . His Worship : Mr. Mallard is that all I Inspector Mallard : That is all, if your Vorship pleases. • His Worship, (to the prisoner) : Wolf, iow, with regard to a remand. Do you rish to have a remand 1 .If you desire it ! will give you till Saturday, if it is aiiy >enefit to you. Prisoner : Well, no ; I will not apply or a remand. On being asked whether he had any,hing to say, Prisoner said: Yes,; your Worship, four Worship has intimated your inten;ion of committing the case. His Worship : Yes, the intimation isi sontained in my charge to you. _ Prisoner : I am aware this is not the? ;ime or place for putting forward any renarks upon the evidence at present,- exjept in ; one instance. Inspector Mallard produced certain written evidence, tjie value of which I do not think has yet been discovered, and I think it beairs more the impression of his mind, than mine. I deny that there is. any point or value in it, and therefore I might aot : have noticed it, but there is a tendency in-it which I complain of, ana which. I wish : to warn the public of._ Without having any value as evidence it seems to me to have been constructed either wilfully or carelessly with a view to prejudice me unfairly, The' system' he has pursued has been to Belect here and there a; phtase, or part of a phrase, that I made use,of-,.and thrown them together in a wilfully or carelessly.untruthful manner, to convey meanings that I did not intend, and impressions that were likely to lead the public astray. He says, for instance, and the way he puts it implies a defiant and bravado manner—" Oh, you can evidence against me and, again, "I suppose I shall be convicted, and if I'"am hanged, you shall see I can die -like a man." It is true I used some such expressions ; and more, which alters altogether the meaning conveyed. When Inspector Mallard charged me with the crime, what I said amounted to this : That, if that was what was against me, and all that he had against me, I did not fear, for I could not understand how convicting'evidence could be brought * against an innocent man. Still,as innocent men have been sacrificed before now, if I,'also'were sacrificed, I should consider that all the evil of my past life would be washed out, and I would die like a man, beoavtao. I would die an innocent man. I wilt say no more at present, but with this exampla of what I consider as an attempt made,to create an opinion, I beg the public and thi» Press to abstain from all opinion until the time comes when opinion is free. Further than this, I reserve all defenoe, and to 1 your Worship I will say I am deeply ! grateful for the fair and considerate nian-% j ner in wliioh you have treated me. . His Worship : Then you are committed to take your trial at the next sitting of .the Supreme Court at Dunedin lor the trial of I criminal cases.