Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image

The Late Tragedy.

coroner's inquest.

The inquiry into the circumstances attending the deaths of James Murray Dawar, Elizabeth Mary Jane Dewar, Elizabeth Lindsay Dewar was continued ye3(erday afternoon at the City Po.'ico Court, before Mr Oovoner Iloeken and a jury of 14.

The first witness was

After William M'Gniro, Harry Hallender, Kichard Swoitroan Howard, Janaes Haydon, andChavleH Rjbb had given their evidence, which was of an unimportant nature. Jamas E-obb was called and riepoßed: I am a carpenter, and live in Lambeth road. On Sunday morning last I wag awoke by my father, whoeaid be thought there was a house on firo. I pulled on my trouaera, aud went to look out of the kitchen window. I saw smoke coming from under the eavea of Dewar's housa at the south end. I went and put on my uniform, and ran across. As I got cloßer, I saw smoke curling between the window-blind and the glass of the bedroom, and oozing out below the window-Bill. I knocked hard at the door, but got no answer. It is a door that opens on the inside only, sol ran round to the back. The backdoor wa<) standiug wide open againnt the wall. The passage was full of smoke. I went in, calling out " Get up, there 1" The smoke was very intense, and following 1b.9 Brigade instructions, I got down on my hands and knees. I heard a gurgling sound. The bedroom door was wide open. I made three paces on ray hands and knees into film bedroom. I cauld Bee nothing. I touched something, which I found to be a bofiy. It; was lying on its back, with tha head towards the door, on the floor. I pat my hands under the armpits aud drew the body out half into the next room, and half into tha passage. I then saw that it was alive. The smoke was not quite so thick m the sitting-room. I looked into the bedroom again. I Haw the flames just starting away. Tciey were to my right hnud, I ran to the back door, and in the porch found * woodan bucket. I put this under a tap I found at the end of the shed, and went to Grant's door, knocking hard. I came away singing out Fire ! fire ! As I got the bucket in my hand, Mrs Grant came to the door in her nightdress. I sang out, " Quick, quick ; there's a fire." I ran into the bedroom with the water, threw it on the flame, and brought out the bucket agaiu. While it was filling at the tnp, I went to the front to call assistance. I saw a man, to whom I beckoned. I ran back and went Into the bedroom again. It was sdll full of smoke. I felt through th-3 room, and found the bed. Feallng in it, I felfc a chH.i. It wan lying down iti the oontre of the bed close to the wall. The bodclothes &t the back were thrown up over Mr Dawar, as if some person had gob oat. I lifted the child up s*ud carded it a'ong the passage. I met Mrs Grant coming in at fie kitchen door.

.Tne Cornntr : Then Bhe did not see the baby in the bed fit all ?

Witness : No, not at all. I save tho child to her, asd she followed ice in. ' Somebody at tV.e door gavo nio a bucket of water. When Mrs Gra'jß saw the woman lying on the floor she besran Hcraamintf. I nd vised her to go away with tha baby, bu 1 ; nlie didnot. I threw an overcoat wbioh was hanging ia tho passage over the lower parts of the deceased Mrs Dewar. After «ards assiatanco came, and when we got the fire under we saw Dewar lying on tha bad. He bad a gash on the right side of his hsad. As the mattress was burning we though 1 ; wo would have to lift him, bnt I said nobody ehould tjuch him till the police came. I rook as much of th* burning mattress from bobw hi'n a 8 I could. I alno took the blanketp from off him. as they were burring — hbey covered him half way up his chest, I found afterward* that the flames proceeded from uridornefttb. the bod, and that the floor was burnt. I Raw a candlestick underneath tho bed, perhaps a conple of inches in from tho front. The candleptfck produced is the one. Thsre waa a good flame there when I went in first, and if there waa a candle in the stick ib muat have been burnt. The bedstead was charred just above the o=irdlestick. About the same lime I also saw the hatchor. This is the one. Thero wag a chair close against the wall at; the haad of tbe bed. On it were a pipe, matches, and tobacco. The matches wore not burnt, tho box boincr closed. Thero were also a watar-bottle and glass on the cbair. Between tho chair and tho architrave of tha door the axe waa standing, with the handlo o^inst the wall. X did not touch the nxo, preferring to laave is till the polics oarne. There were no signs of any straggle. In the kitchen everything looked tidy. I did not encounter blood ai I crawled along on my hards find knees. I went into the sitting-room. I cannot say whether the window was up. A good bit aftertvarda, wb«n Mrs Dewar wai taken into the front room, I heard a remark to tbe effect Ihftt tbe wind waa blowing irj on her Mrs Dewar waa unconscious all tbe time. The lower part* of her body wore naked do beyond her middle when I saw Mrs D.war ii the pasaage. Tf the chemi«e in which sb« wai dremed had bpen straightened it; would havo come lower down. I cannot pay whether I pulled her chemise up when I moved her out of the room. I cannot nay how her hands were when I found her, but in the paßsagn I noticed that she) had her bands clenched. I judge phe was taken to the Hospital half an hour after T wont over.

The Coroner ; You hwe tfiven U3 a good, thorough account of all fcbis. Do you know if the front gate was open, or did you see any mnrkw of foofstepa ? Witno?K : I cannot pay as to the pra^o. and I saw no footsteps. I cannot BBy where the c'othea of tbe dpceayed were. I think afhorwardn Mr Dnwar'ri tmnie rs were found on tho floor, but I bad pulled a good lnanv clothes out from the foot of tho bed, where th^y were on fir*. I did not; know Mr Dewar afc all.

After some unimporfcanf; evidence bad been heßrd, the Court adjourned till next day. i Tha firßt witness called next day was

John Duncan Niven. who said : lam a legally qualified modical practitioner, residim? in Dune<Jin, On the imrnir.p of Sunday last, a*. 7 o'clock, I was cj»Ued to a hoiMein Oom^orl&nd street, wlnre I was informed a double natti'dei" bad boen comnrittpd. On arriving at t v ie housf, I f-nicred by tho back d^or, and found tV:e passage full '>f rlenso &mnfee. I found a woman Ivinf? ou tbe floor in tte ptvsagre, »nd apparently lifolfifs Oa pa'Biutf into the bedroom I saw a. man lying on his buck, with a larjero portion of his brains lying °n iHe outside of bis head. The man was quite d«ad. I examined the woman, and found dot still aHvo, but with three fractured wounds on the skull. Tho woman waa perfectly unconscious, She w,i3 lyincf with nothing bnt some ni?lit-clot.hp.s <->n ; My attention wab then called to a ba l >y, which appeared t--> be also Head. I adopted methods ot roßuf ration upon the child, working away with it for ab-ut half an hour. There wor^ no marks of violence upon the child. I found tlia*; it was useless ftUemntiflf: to resuscitate th? child, and frnva up tlio atfaior.it 'v despair. I tli-in ordered t'-be reraoviil of the vnmn i to Ux» Ho^\<i';r.l. Ido not 'think U\o man had 'hhpu doud loDg. Tho blood v/flB not ooa^ulated ; tbe bnJv yua Wocably warm ; and there was no rigidity of Jthe

arm, which I raised easily. There having been a fire in the place might account for the noncoagulation of the blood. I did not form any opinion aa to how long the man had bee» dead. I would say that tho injuries he had received woukt be &ufficient to cause spredy death. I should judgo the injuries on the wouifn had not. long been inflicted, There was no coagulated blood about her- I think this waa ft i-ase in which it te impossible to form a ! i exact opinion. The Coroner : Thf n you cannot say how long they had been kflicted ? Witness : Well, I should cay not move than from half an hour to au hour. I should say certainly not more thau an hour, at any rate. I judge this from the general appearance of the body. The Coronor : Did you examine the bed to ses bow slie loft it, or anything of tbat sort ? Witness No; the had was oil tumbled about ; i* had been poused with wat*r. The wall had been smeared with blood in one place, and there were also splashes of blood about the wall, in the corner, and around the smeared portion. I noticed an axe also smeared with blood, and with hairs upon the edge of it. There were not many hairs upon if;. I recognise the axe produced as the one I saw, by notches in tbe blade, by tho blood upon it, and also by ihe hairs upon it. The Coroner : There are no hairs upon it, do you say ? Witness : Yes ; there are hairs upon it. The axe would have caused the wounds I aaw. Coroner : Do you think a woman who had received such blows as you saw could have got out of bed ? Witnesa : No ; I don't think go. I thiak she must have received the blow* out of bol Bat I have known most extraordinary thinga to have been done by t^tieals who have received severe wounds on the head.

Tbe Ceroner wao proceeding to ask further questions relative to thi? point, when Witness said: You mu3t remember, Mr Coroner, I am placed at a great disadvantage in this matter. You have in a vi-ry unprofessional manner tak^n the xwst modems oucof my hand, and I am therefore at a lo3s in this case. The Coroner : Ob, of course ; I only want you to answer the questions you are able to answer. Witne3s : Then there |ia no occasion for you to ask me questions which you know I cannot answer.

The Coroner: I cannot; allow ycu to speak in that way. I have to act in these matters in toe way I think beat calculated to bring out the tru*. Witneas : Quite so j but it placea me at a disadvantage though. The Foreman of tha Jury then asked witness as to the causa of the f!e:i!h of the child. Witnesa : I cannot f rtn more than a passing opinion. Owins? to the action of the Coroner in taking the post mortems out of my hands, I have had no onportuuity of making an examination of the child. It ia a very unusual course, but it has been done. I should think the cause of death was suffocation. Charles Edsv*rd Donne deposed : I am the railway stationmastar at Waifcati (BWskin). On Sunday, 14 ih inst,, I saw the accused Butler. The Coroner : There Uno one accused here^ Witness : I have siuco learnt that it is Butler. The Coroner : Did you know hiaa then ? WitnfS3 : No; but 1 have aaora him since in the train, in tho cu«fcodv of the police.

The Coronw : Oh, thsn you did not know that he was Butler. We will call him simply the man.

Witnesi : I saw in tha dining-room of the Saratoga < Hotol on Sunday night, about 10.10 o'clock, a man who was sir,tmsj with hi* Imd nn his hand, tbi'ik'np, anil .ipparivitly ro&tless He waa tired, aud yawned several time?. A mau named Ru^aell was in the ro nn also. After about 10 minuses Me Cohhun, who wa^ ia the bar, remarked " What a shocking murder that is in Cumberland street !" The nmi immediately sat up erech. acd looked steadily a1;a 1 ; myself and then at Mr Kussdl. After this he s?eraed fco be very impatient. The Coromr : Hid you yourself heard of this murder ?

Witness : I had. The man moved uneasily in hia chair, took up a book several times and threw it down atr«n. Tie thpn unbuttoned hi? coat;, and put his band into bis bosom twice. I am giving you all detaile, Mr Coroßor. Thfi Coroner : Quite so. WitneßS : He kept his face shaded by his hands, and he looked at ir.a several times through hia finsrera. Shortly after that supper waa served to the man, and I left the rnnin, leaving him in it,, in the same sea l ;. Mr Kuaqell waa still there also. I sto^d at *h<) i arlour door and saw tho man leave the dining-room. This was from 10 to 15 raiaute3 after I Mt thi dininer-room. H* frot his supper. I believe ; I "aw him p3y the housamaid for it at any rate. I saw him put on his hat and leave tha house, going towards WaikouMti. Thp Coroner : Wai there anything else that yon ro biced ? Witneaa : No ; I think there is nothing else. The Coroner : How was ha dressed ? Wifrnesa : Ho wora a dark blue or black overoo*t. lined witih grey, and a Ion? white scarf, I think this is the overcoat, md the scarf waa similar to that 1 . When I saw him thq overcoat waa buttoned cloae to t*ie chin. Ha wore a whitw shirt and ft Msck s^t felt hat. Tbe shirt, looked qnite clian, bnt I do not suppose I could recognise it, Ido not remember any other article of hv< afcriee. I did not notice his trons=)n. As to hia personal appearance, ho would be aboui; fivo fesfc eight inches, 34 to 36 years of aga of rlmider build, dark c mplexion, clean-shaved, small grey and \ r -ng iquiline nose. His hair was thin ovar his forehead, and ha harJ prominent Pars. Ho w-'S carrying nothing; I heard him speak several times to the housemaid, asking fiv^, " M<»v T h^o aome supper ?" Ho sp 'to to no ono eV. IT * was asked it bo woul I have b i ev "i 1 '■ "V f »l hfl aairl tea. I rvl?o hoard hiai fs'< h-nv mnoh it was to pay. The C»ronflv : Did be look travsl-staiaod ?

Witness: No. lia looked very sleepy and tired.

Tho Corrner : Did y>u £63 anyfch;ng more of him then ?

Witness : No-. I saw him again, i-i tho traiii on Monday m. nviin 1 ?. He TC »s Beaded Ivttva >v Datective'Henderson and O^ntoble 'F'^nsend in the back seat of tho jmard'fl van. This was tho same man ; T w.ir i»u.f,i«fied of tbak. Tlie Cor">nv-r : Do you know how long be had beftii in tho diuing-roorn wif n you wont in?

Witness : Not two minutes. I hearl him enter. He sat near tho door of Ihn room, and had his miop-r sHH' g in the firat v**b at ttn table icstiiHthe door. H* had not Ivs h-ifc on in tha Ttv>m Ro hunj? )!. up in i.he pa-<«a?;n ; at loaat lia took it from th'»ra aa ho went, out.

Tho I 'nronpr : When did you ' hear of this mnrdi»r ?

Witnpss: Alr.n!; 2 o'ol'ick in ih<i a'tvrmon, I bad thi» i'"v.m *• <n nvHel fn me by tnfpgran!* a'; the !-'.i i ■•!. T Uli< th" landlord o' 1 tho hotel svx"; lh j ••.>n t ''>'(•.

Thii C! .- !!•> : Yo i bill .•vnn^rr-o.inve'-s^i'.iin with I.mi ?

Wifcnwri-i : 1 halieye Mr Ru^spll a^>oke tQ him ? but I did &ofo

The Coroner : And how did you come to take bo much notice of him ? Witness : I became Buspioious of the man through the fact that I have stated— that when the murder was mentioned he sat up erect in his chair hurriedly, Tho man did not appear to ba inclined to 'talk. He was taking no notice of the objects in the room. The Foreman : Have you mentioned your auspicious to anyone in Waitati? Witness : Yos ; afi.er the man loft tbe hotel I said to two or thiee Indies in the bar, "Aly mind apsociatea that man with, the &if air in Cumbtrland Btreefc. "

Robert Bain, a detective officer stationed in in Duuedin, said : About 9 o'clock on Sunday morning last, I went to the house of the Dewars in Cumberland street. I oaw the deceased Dewar on the bed. I saw a wound on his right temple, and the brains protruding from it. I saw an infant child lying in a cradle in the kitchen, dead ; and I carefully examined the house, thinking a murder had been committed. In tbe bedroom was a cheat of drawers, and. I examined that carefully. My impression was, and ia now, that these drawers had been turned over by somoone seeking for something. The lowest drawers contained men's wearing apparel — new in appearance ; and the articles were not folded, as they would likely be when put awuy, but turned over. The centre drawer contained female's apparel— a dress, a pair of stayn, &c. The drcsa looked new, and it wag turned over. The top drawers contained small article*, and thesy looked tosied about. I saw tho korußeoa lamp standing: on the floor in front of the wash-hand staudin the bedroom. The globe was brobn,t\uil part of it was lying on tbe floor. Ther« vras blood on the broken parts of the globa. I Hawnothing in either of the two other rooms that had been disturbed. I examined the sitting, room window. In front of the window I saw two flower-pois. a saucer, and a staad on the pronnd ; and also a white-handbd ch o e?e-knife. The knife I now | r >duce. On the window-sill thero werj nail marks, nome in the centre and others close by the side. Tho window was ahufc when I got; there. There wasi a sewing, machine inaide tbe window in tho room. The f] )wer pots, I think, mu4 been shifted from inaide by someone outside. Tuey would not rest on the sill outside. They might have been on tbe ground outside, but I think they ha-i beeu moved. The kuifo ia bent, and I think had been uaed to raiae the window. I have not beon able to find tho owner of ths kni f e.

Tne Coroner : It might bo well to give particulara of tho description of the knife, to that tbe Press might take notioe of them, and an owner might turn up. WitneHß described the knife. It wag a white-handled oheese-kuifa, well polished, ap. parently having beau polished in a machine, not on a board. It was branded "Joseph Hay wood, Sheffield," with a kettle or crown above.

WitDess continued : Ou the top of tho chest of drawers I saw a jewellery box, and in it a Kold brooch and .pair of eirringß. Ou dressing-table I saw a little box contaitiiog a man's gold riuf?, well worn, with the initial?, one of which — " J" — was visible. There waa a bras 3 ring in one of the drapers. In a vest in the kitchen there waa 3«s 7d in the pocket. I know the overcoat produced. It be longs to a man named Butler, alias Donnelly, alias Midway, alias Lee ; or rather I have seen him wearing ie lately. He is a mcml er of the criminal class— a very dangerous one. He waa discharged from gaol about a month ago. I have seen him nearly daily Binca his discharge from (?aoi; in f «3b every "day until Thursday and Friday of last week. I sj.w him on the Wednesday about half-past 9. I did not saa him aga'.n until about a quarter to 8 oa Saturday, tho 13bh. He had a scarf the same as the one produced. In the daycime he generally wore a anit all of a scrfc— the simo material ; of a darkish lavender colour with a whitish check ; you might almost cill it a check pattern. The Coroner siid this wai important, that (.he Press might take notice of it, in urder that fcao mystery of the clothes might be cleared up. Witnesß made a drawing of tho pattern, which was handed to the Jury.

Witness continued : The tvous?r3 wore a little tight for him. They were n&w about a month ago. The csat wa3 a short paget, with the button very high up. He had a hard felt hat, and also a soft one. I never saw him with any other suit. At night he wore the tlvsk overcoat, but I have seen him with a grey one. He wore a whifca shirt and collar. He told me about 10 days ago that he had thrown bis cwpet-bag and all his other clothes away. That same morning he told* me he had serious thoughts of jumping over the wharf and drowning him* elf. He was desponding. On Saturday night I left my hou?e in St. David Blreet about 20 minutes or a quarter to 8 o'clock. I saw Butlor coming round the corner from S". David strife into King street Imraediate'y on reaching King street ha turned back ; and theD he turned ag'-in and came to apeak to me. I said, " Butler, ywi promised to meet ma to-ni?bt at the Octagon at half )>a.=t 8." He Baid, "Yes; but Ws norn than that now." I said, "No; it wants a quarter to 8 Ftill. Will yon meet me there at half-past 8?" He said " Ye 3" J and walked aionjj tha street towards town. I got into the t) amcar. He waa then dressed in tbe suit I hivo described, with the hard felt hat aad a wbito shirt and collar. I waited for an hour at the Octagon, but he did not come. I omitted to mention that there was a small light strips down the troupers. T next raw him on Tuesday morniDg in the Police Court. I never p&w the clothing he was wearing on Tuesday morning previously, with the exception of tbe hat, boots, sbirfc, and collar, lie bad on a dark cloth paget coat and striped Weed trousers. They were nob new clothe*. I do not know where he got them With tbe exc^pfcioK of two or three days, I had seen him every day after he came out of gaol twn or three times. He had boen doiupr nothing. Yos'.erdav mor:iinjv week ho left Dunedin to work afc Ravenahourne, work havivicr been obtained for bim from tho Haibour Board. H« Mfc by the 6 o'clock train to start at 8, but did not start work. He has stopped at different places— first; at the Douglas Hotel. Ite w<>nt there fcko day he came from gaol. He did not sleep there. Then be went to a house in King street, opposite the National Hotftl. He v/ss there for nine days. Then for three or four nights be slept nowhero. Then for three or four nights he slept at the Albion Hotel, next door to the Police Court. He slept, there t.he night before he went to Ravenabourno. Afterwards Ido not know where he slept. On Monday, the Bth, when ho asked me if I could got n job for him, he seemed to me to be getting desperate. He was desponding and broodinsr, and he had a, nervous twitohiner, although lie always had a nervous v/ay with him. He said, " I want to do wnll for myself this time ; I want to get work, became if I braak loose aorain I'll be one of the most desperate tigera ever let loose in the Colony." I Hfrii he was very foolish ; that if he did anything thero were men able to cope with him. Re seemed ivnxioun to got work. It was t.ln first t.iino he had spoken about mium&l lalv>m\ He hid spoken a!)'»u» ffrttinp an iti'irndn-tjon io ihn editor of some o{ ihe papers, in 0n1..r to wri XiK i v. iserieM ot articles for them.— (Laughter.) 3-l.i was getting money oco&Biou&Dy from friends,,

When I saw him on Satmdayrigbt he wai in hW usual dres^, waa clean ahaved, with a large, fatt moustache. When I nexfi saw him on Tuesday morning he had no moustache. To the Jury : I made the arrangement with bim to meat me on Saturday night in tnte way. I waa told off, knowing he was a dangerous character, to keephimundtrsurveillanco, and did so, makingit my busines*tokeepaclose watch upon him without annoying him. Idid not need to wk how he was getting his living, aa I knew. Knowing he had gone in tbe tram to Ravensbourne, I thought ho had gone to work. It was Sunday afternoon before 1 knew anything different. Sarah Gillespie deposed : lam a servant at Mr M'Nicol'e Scotia Hotel, at the corner of Leith and Dundaa streets. On Thursday night last week a msvn Blept at the hotel, who came thereabout half. past 9 on Thursday morning. He waa a mediura-sizad man, very thin, with a fair sandy moustache. He was dressed in a suit all alike— dark brown, with a small white check in it. He had a hard felt bat on. He had a blue top-coat and a white muffltf. The coat and mufflar produced are the oneß he had. He had a brown paper parcel, about the aame s'z9 as if it contained a suit of clothes. I bow the same man in gaol the day bef or 9 yesterday. He had not the same clothes on, and his moustache was off. Ho wore a white shirt when at tho ho^el. I might recognise it by tho pleats, of which there were three on each side, about an inch wide. After breakfast on Thursday he waa playing the piano, nearly all day. In the evening he went out, saying he intended to go to the theatre ; but I don't think he did, because I saw him in the hou3B between 8 and 9 o'clock. He was playing cards. He sliDt m the hou«e that night. On Friday he got up betwoan 9 and 10, and got breakfast thin. Ho played the piano off and on all day. He had tea at 6 o'clock, and said ho was going to the Port ; that he w»s anxious to get there. I saw no more of him until Sunday morning at 25 lninuteo to 7. He had left hia parcel and top ooat at the hotel. I did not like his appearance, and had little conversation with him. He did not state what he was going to do, or anything of the kind. On the Sunday morning when I opened the door he wa3 standing outside. I did not hear him knock. He came in. Ho asked me if Mr M'Nicol wa3 up.

The Coroner j Tell us everything. Nothing is too minute

Witnehs : I said he was not. He gave ma 3s to givo Mr M'Niool. Ho said he would go aud gat big things, as ho had to go '" by the 10 past 7." I suppose he meant the train. He went upstairs, and when he came down had hia top ooat on and muffler. He went out and stood a few minutes at the corner, looking up the street. He came baok again and had a pint of beer, for which he paid me. I saw him then go round the corner. That waa the last I saw of him,

The Coroner : Was thera auything you no« ticeH ftbont Mm ?

Witness : Ec looked txcited, as if there was BO*meone attei 1 him.

Toe Coroner : Just describe it as it eeemed to you. Witness : He looked white, and trembled. I thought ib waa the cold that made him shiver. Hehad his top-coat buttoned over something. It projected out of the coat. I could not form an opinion as to what it was. He was ia a minute or two before I saw it. Then he went upsfcairß. He looked very white. I never saw, him so. white before. He is white usually. ' In asking for the beer he mid, " I have not had my breakfaM yet " I did not say anything to him, The Coroner : Did you notice any spots on him rf any kind ? Witness : No, not on hia clothes. Hia boots were covered all over wUh mud, as if he had been up to his ankles ia mud. I noticed none on his trouserd. It had b9en raining in tha night, bub the streets were not muddy. The Coroner: Do you know anything elsa you have not told us? Witness : No, I think not. This is the shirt now produced which be wore. I could not say whether on Sunday moruing he had a collar on, nov the shirt. He wore a turn-down collar.

The Coroner : Is that the collar ? (a linen one). Witness : No ; I think it was a paper collar. I would not care to swear to a collar.

The Coroner : Did you find anything in bia room?

Witness : No. Ho lef!. some music ou the piauo, and two books. They are both music books. These are the books.

Tha Coroner: Tbev have the aame "R, O'B-ietv" on fcliem. and one is chant-! for me in Westminster Abbey, aad the other psahua for tho Catholic Servics. The musio ia mnßae".

To tho Coroner: He had a moustache on when ho lofh the hotrl on Sunday morning. To the Foram-in : He had the same clothed on on Suudfiy morning as I had seen him iv previously. He looked much like aa if he had been ont !»1! iiight. George Leigh 'on, living with his parents at tha corner cf C&rth and Dnndas streets, deposed : A man knocked at our side door at 10 minutes to 7on Sunday morning. We keep a grocery store. He knocked for about five minutes. I went to the door, and saw a man walking up to Cumberlaud stroot. He was walking fa3t. It looked as if be was tired, and had gone away. T stood at the door ft minute. I saw tho man lean against a lamp-post at the Cumberland street corner, and look towards tbe old Caledonian grounds. He stood a minute or two. He was looking only ia the one direction. I went inside again. Ido not know whether he h*d seen me. in a short time a knock came agftin. The man was standing there, and he walked in without speaking. He went into -.he s'iop. and I went behind the counter. He Baid, " Give mo four tias of salmon." Tflen Le asked the price. I said a shilling each. Hafw'd, "Is that all? give me another one," Tparcbll'd tho five tins up. I said to him that it wai blowing bard, and askod him what sort of p. day it was goinsr to be. He Mplied in what I took to be a low tone, "I don't know, but I hope it will be a fine day." He thon pub down the money and went away. He wai a pretty whifto-looking, mau with a moustache. He had a black toi>ciat on and a scarf. Tbe co.it produced and scarf aro like thiwe be had on. lie had a stiff felt hat. Ho hnd no parcel. The two palmon-tins produced are of tbe same brand as those I sold to hi(Q. I have soon die va\n since at the Ginl, but I did not recognise him a3 the same. The man at the Gaol had no moustache, nor had he a topcoat p.;id scarf on.

James Andrew Townsend deposed: I am a police constable, stationed at Waikouaiti. Oa Monday, 15t.h instant. I went towards Merfcon. until I had got about five miles from Waikouaiti. About 100 yards in front of me I saw a mm go off the road and slij) behind a flax bush. About a miuufcfl or two after that Constable Oolbourna came from Blueokvn, and we met I said : " Is that the that's gone behind the flaxhush that Wre looking for ?" He said " Ye*." I then said to Constable Colbonrne : " You enme on quietly ; I'll go on tbe other sido of him, so that ho can't escape." After I got pvfc the man a f<w ya^ds I sfc^ppe;) off tho road r ni([ walked np the dir.cb. loolriuer for th« mau. I aw jii-n Jyi«sr in a ilw, bt^h. va which ho {ippnarei^ to be hi.oin-.r. '£ "i"'d, " Ililloa 1 whiro did v>u come from?" lie paid: "I Cfima from Waiknuais, Why do yo\; ftslj m.q

that ? Are yon looking for anybody ?*--" Oh." I said, " aot particularly." By this time Con(table Colbourne came up. I said, Here is A man that Bays he came from Waikonaiti, Colbourne." He then jumped on his feet, itepped .back about three paces, and presented this revolver. He presented it at me, and then moved It from one to the other of us, as if he did not know which to fire at. We rushed at him and jambed him against the bank. The Coroner : Why did he not fire? Witness : I don't know, sir. I scarcely think be had time— we rushed at him so quickly. When we got him down, snd had got the revolver from him, he cried "I surrender " several times. I searched him, and I tcok from him an opera-glass, two tins of salmon, a purse containing 4s lOd, a pocket-book with two papers in it. Inspector Mallard explainod that one of these papers was a mask, perforated. Tbe other was » copy of the letter he wro^e to the Judge at the time of bis trial for burglary. Witness continued : I also took a piece of candle from him, 41 cartridges, a box of matches, a piece of music. Tbe Coroner: Is there any label on the music ?

Witness : No, it looks as if it was his own writing. It is manuscript. Also, book of goldfields directions, and part of a novel and a small necktie. The Coroner : Waa the revolver loaded ? Witness : Yes, as it is now. Detective Bain took the revolver to show it to the Jury. The Coroner : You had better turn it the ether way, — (Laughter.) Witness continued : He bad on a black coat, a pair of strapped trousers, similar to those worn by jockeys and butchers, of dark tweed j » vest the B&me as the trousers, a soft felt hat, & pair of elaHtic*Bide boots, with the first sole of both out off as if with a knife. After I had taken everything from him he asked ma what I intended to charge him with. I told him with Attempting to shoot ns while in the execution of our duty. He said, "If that's all, I don't care." He asked mo three or four times going Up the road what I was going to charge him with. I said I had already told him. He also said, "I intended to shoot the first man that Interfered with me." I asked him how he did not Bhoot me when I came on him at the flax bush. He said, "I don't know what it was; Bomething kept me from doing it" I examined him ia the lock-up at Waikouaiti. There appeared to be three or four epota about the neck and front of his shirt, but I oould pot say whether they were of blood. I examined his bands and arms, but I could see no blood on them. Inspector Mallard came up to Waikouaiti about half past' 7 in the evening, and •aw the man in the lockup. He asked him what he bad done with tbe clothes The Coroner : Yes j Inspector Mallard will tell us that. Did the man say anything about this occurrence ? Witness : No; except that he wanted very badly to know what I charged him with. His moustache was cut off cose—i t seemed with a pair of scissors. I fcund no scissors on him, but I omitted to mention that I found this pocket-knife. He pepxnod very excited. I shall never forget h?s look?, as long as I live, when he presented the revolver. He had a most devilish look.— (Laughter.) To the Foreman : I was in private clothes. If I had bsen in uniform I might have been popped off. The Coroner at this stasre intimated that it might be advisable to adjourn for the day. There were only one or two witnesses at present, and he thought a long adjournment would be best, in order thet they might see whether tbe missing clothes would turn up, or any other information of the fort. Ho thought they might meet, perhaps, on TueEcUy again, if that would suit. The inquiry was then formally adjonrned till Tuesday at 2 o'clock.

The inquiry before the Coroner's Jury waßreeumed on Tuesday afternoon at 2 o'clock.

The first witness was

Henry Youngman, who deposed : lam Town Belt ranger for the city of Dunedin. On Saturday morning last, having read the newspapero and noticed that Sarah Gillesyie bad stated that the boots of the man Butler were covered with mud, I drew a conclusion from that the man must have been skulking in the bueh 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 find told him my intention. The Coroner : Yep, it waa very creditable of you to do so. Witness proceeded : At about 10 o'clock I went into the bush, and, at nearly 1 o'clock I discovered a salmon- tin (produced) a little distance from the road, f.nd within about 50 yards of the cemetery. Five or six pace 3 farther into the bush I found the coat produced. I brought the coat to the detectives' cffice. Owing to the fern the coat could not be seen until one was within two and a-half yards of it. Ifc was out of the way of any track. It was folded up, with the inside out. The coat was damp. The morning was so wet that I was wet through. I do not consider tho coat was co wet as to lead to the belief that any stain upon it had been washed out. It was damp, not wot. I returned afterwards with Detective Bain, and showed him where I had left the salmon-tin lying. I searched then until 6 o'clock, but found nothing else. On Sunday morning I resumed the search at half?ast 10. After going round by Opoho and the totanical Gardens, I returned to the spot where I had found tho coat and salm«n-tin. About tbreo or four yards from where I had found the coat., I picked up the hat and necktie produced, The hat was crushed, and the necktie ljing in it. The ground fern was so dense that I must have nearly trodden on the hat, and so must Detective Bain, the previous day without seeing it. I brought tho hat and necktia to the police station.

The Coroner : Credit is due to you for your exertions.

George Hutchinson, 14 years of age, deposed : Last Sunday morning I found the two salmontins (full) produced, in the bush near the Feat in tne Botanical Gardens, overlooking Howe street. It was off the footpath. 1 and the other boy with me went into the bu^h to look for things. John Wordsworth d»po?ed : I driva a milkcart for nay father, who livfs in North-Eist Valley. ' 1 wa3 coming along Cumberland street on Sunday morning, the 14th, at about balf-pasfc 6 o'clock. Between Howe and Dundas streets, I noticed a man crossing from the right-hand eide of Dundas stree"; over towards Leighton's store. Ho was coming towards Cumberland Btreet 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 at Leifjhton's Btore. I cannot say that I saw him knock. When I looked again, he had come to the private door of Leighton'rf Rtore, and stood with bis back to the door. As I got up to him he came forward to the korbingand scared greatly at me. That made mo take notice of him, rr I thotighfc ho wanted me. I drove round the corner to the next hous* to Leiyhron'u store— that's ia Casiio street. In doiug no I noticed three doga— two belonging to Mr Leighton, and the other I do nos know tp

whom. I saw the man throwing stones at the dogs, which were growling at him. Possibly this was because he had been standing against the door. I stepped out of the cart to go round the corner to see who he was or what'he wan throwing the stones for ; and when I get to Leighton's Btore the man was within eeven ysria 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 Leigh ton's store. He only looked for a moment or so. I [Raw Leighton's boy come out of his door, and I mentioned to him about the man having thrown stones at the dog. I nearly spoke to the man, to aelc him if he wanted Borne 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 chin. I next saw the man this forenoon in the Gaol. I recognised the maD. I cannot say whether the man had a moustache on on the Sunday morning, but I am sure he had no whiskerß. I am sure he was not so pale this mprning as on Sunday. William Brown, M.D., deposed: On Sun day, thel4tb, I was called to., the Hospital at about a quarter to 9 a.m. On reaching the Hospital I found Elizabeth Dewar in one of the wards. I saw two large open wounds on her head. She was tossing about in bed. Oa examining the wounds I saw that the bones were broken, and were pressing on the brain. There was a third wound which nearly severed the ear from the head. All these wounds were on the left side. Between the ear and eye there was an unbroken bruise. I removed the depressed pieces of bone from the two first-mentioned wounds. The woman seemed to breath easier, but never reoovered. She bad also the mark of a burn on the right great toe, one above the right ankle, a number of scratches 0^ both legs, and some scratches on the outer side of the right knee. • The Coroner: How do you think these scratches were done?

Witness : I could not say. There was no blood on them. The following: day I made a post inoHem, examination of her body. There was a wound situated about Z\ inches above the left ear, of the shape of the letter T. The Coroner 5 By the way, did you see any blood about her hands or anywhere?

Witness : No ; I examined her hands, and underneath her finger-nails, but I saw no blood. There was another straight wound about two inches above. I ODened the skull and found, in addition to the fractured pieces of bone removed, that there was a fracture of the bone covering the ear, and a fracture of the bone between the eye and the ear, extending into the socket of the eye. The latter bone was driven in on to the brain also. The brain and its coverings were torn. Tne whole surface of the brain was oovered by blood. There were marks of bruises on the right thigh— about bix small bruises— one over the right hip, one on the tin of the right haunch bone, and one on the right arm above the elbow, I believe the woman had received four blows on the head, and that these were the cause of her death.

The Coroner : Could yon say whether there was any interval between the infliction of these fou' 1 blows, or were they rapidly delivered ? Witness : I cannot say. The Coroner : And what sort of an instrument would cause these wounds ?

Witness : An instrument about gof an inch wide and three inchr s long.

The Coroner: Of course you know an cxc was found.— Let Dr Brown see the axe.

Witness : This axe would make the wounds described.

Witness continued : About 10 o'clock on Sunday morning I went to a cottage in Cumberland Btreet. There I saw the body of James Dewar on the bed. He was dead. There was a large wound on the right side of the head, from which brain waa protruding. His face was covered with blood, and there was a flight portion of brain on the side of the none. The man's attitude was peaceful, Alongside the man was an unoccupied pillow covered with blood, with a deep indentation in it. It was a depression about the size of a person's head, and appeared to have been caused by a head being driven deeply into it. Lower down in the hpad there were some fceoes, and one of the man's hands was slightly soiled with them. These did not proceed from him. The wall over the top of the bed was spotted with blood, One ray of the bloody seemed to proceed from where the man was lying. It was spread out in a fan shape. There were one or two spots over the bad-post nearest tho front, and a large number of blood-spots over tho inner half of the top of the bed. On the inner wall near the head of the bed there was a very extensive Burface smeared with blood ; and on the doer, on the panel nearest the bad, there were a few small spotß of blood, none of tbem larger tban a pin's head. On the lower parb of the door alaGjwas an extensive Bmear of blood. There was a dead infant in the kitchen. On Monday I made a post mortem examination of the body of James Dewar. There was outside the right eye a rectangular bruise ; another above that, farther back; a thirl still higher up, over the temple, prolonged backwards to a jasrged wound, through which the brain was protruding ; and there was a fourth, higher up still, on the forehead. Behind the third wound, but separate from it.tbere was another open wound, with a protrusion of the brain from it I opened up the head, and found that the blow on the forehead had split the forehead bone right across to tbe opposite temple. Under the other bruises I found over 20 pieces of broken bone, varying in size- The socket of the eye was Buiashed, the cheek-bone was broken, and tbe bone containing tbe ear was also broken, besides the bones on the top at the side of his head. I believe the man received five distinct blows, which were tbe cause of his death. The Coroner: And would the axe produce such wounds? Witne as : Yea. One of the bruises contained a distinct impression, corresponding in sizn with the head of the axe. I should imagine that tbe man died instantaneously. The heart was empty of blood— an indication that death waa instantaneous. The Coroner : And about the child ? Witueaß : I did not undress tbe child. I siw no bruises upon it. From what I was told I believe the child waa suffocated. The Coroner: The woman was found ont of bed. How do you suppose she got cut of bed? . Witness : It ia quite possible sho got out of bed herself. She struggled so mo oh in bed that she might have fallen out of bed if not held. The Coroner : Was there any mark as if she had been dragged out of bed ? Witness: I cannot say about that. The bruise on the hip may have been caused by the fall. Tho Coroner : Was there any indication of a criminal assault or rape having been committed upon her? Witnesa : No, I cannot f>av there wa*. I omitted to mentiu/i that there was also a bruise upon tho rishfc grain d. the woman. To tha Coroner : The Bineara of blood on the wall aud on the door appear to have been clone

by the woman's head moving about. The axe has stains of human blood upon it, and there are human hair* upon it also. The man Butler's shirt w&i here produced. Witness : I recr-gnfa-i tbia shirt. It was given to me by Mr Mallard. I examined it, and found a number <f pmall clots '.f blood, Bnd some stainn of blood without clot upon it. There are eight clots of blood, and four stains. They are bituated principally on tho collarband, under the pleats in front, and on the shoulder-band; one' en the 1-fs pieeve; one under the right armpit ; and on tbe left wristband there are two very small clots. It is stained also on the right wristband. I subjected the clots to a chemical and microscopic teßt, and am convinced they are blood. There is a small clot aUo on the collar.

The Coroner : Oould you say whether these are human or any other blood? 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 tho«e of human blood. Witness continued : This flannel was handed to me, On the neckband at the back there ia 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 tbe breast there waa a small red spot opposite the buttonhole which gave the same result by chemical test as the spots on the shirty It had been exposed, and I could not get microscopic results. There waß a similar spot on the inside of the right sleeve, near tbe edge of the binding; and to-day I discovered a small patoh inside near where the collar and flap join. The ahirt was here handed round for the inspection of the Jury. Witness continued : On tbe scarf there was an egg-stain in front ; along the back I found one that gave a similar colour under the microsoope to those on the Bhirt. I cannot Bay that it positively is blood. I looked at the hat also, and found nothing on it. The Coroner: How do you suppose that thofe blood stains got on the shirt?

Witness ; I cannot say. The Coroner : Is it compatible with a man havinp given such blows aa thoso death proceeded from, that Buch spots should be found? Witness : Yea ; but from saoh bruises not a great deal of blood would spurt. _ Besides, all the spurting seoms to have beei in tho direction of the wall. Oa tbe door I found ouly a few spots about the size of pins' heads j and the spots on the shirt were the fame size. There would be no spurting of blood from any large vessel as a result of the blows death prooeeded from. Blowa 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? WitDess : Another way has suggested itself to me, but it is from a matter of hearsay. I have heard the man's bands were eoratohed. If tho man scratched his hands in going through the bush, it is possible that in undrawing the shirt might have been sprinkled from hin hands. I say .that is possible, but not probable. The blood-spotsjwould probably have been larger ; indeed, his fingnrs would most likely have come in contaot with the shirt and smeared it.

The Coroner : Do you frappoise 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 insida of the sleeve. It might have spurted up. To the Foreman of the Jury : The wounds and bruiees on the bodies of tho deceased persons were quite fresh. Mrs Dewar might have recovered sufficientconsciouonefisaftprshe was first struck <o pcramble out of bed. She may have received somo of tho injuries on the head without be-'ng rendered unconscious. I noticed sime parts of the Bhirt were pmudged, 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, in reference to the remarks made about the Scratches on the hands, pointed out that there had been no evidenca to show that Bntle»'s hand were scratched. Witners could not say ; liajhad got his icfor mation from hearsay. The Foreman : Can you form any opinion m to tbe length of time (the blood had been 011 the shirt ? Witness : No. Tbe Foreman: One of the jurymen wants to know if the doctor ha 3 seen the prisoner ? Witness : No. The Coroner (to the Jury) : The prisoner's hands were much scratched, as if by bashep. The Coroner (to witness) : Could you form any opinion as to the length of time between the delivery of the blows aud the time'you saw the bodies ? Witness ; No ; not from anything I saw. The Coroner then called Constable Colbourne, of Blueskin, who stated that when he arrested Bubler the latter's hands were scratchsd aa if in going through the bush. The Coroner (to Dr Brown) : There ia nothing incompatible in the supposition that marks of blood on tha shirt were caused by the blows of the axe ? Witness: No. It ia a very likely way in which they would bo caused. Frederick Mallard deposed : I am an inspector of police, stationed in Duuedin. On Monday, the 15th instant, Detective Henderson and myself arrived at Waikonaiti by the evening train at about half- past 7. I immediately went to the lock-up, and the accused Butler waa 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. Tho first thing I did was to go to the telegraph office and send a tf Ingram to Superintendent Weldon. I made the note I .produce »nd now read at 2 o'clock on Tuesday morning:—" On arrival at Waikonaiti immediately saw Butler in lock-up. Wss lying down. He at once asked me what was the charge against him. I told him he was charged with the murder of the man and woman in Cumberland street on Sunday morning. He became terribly Bgitated, and had a choking appearance in his throat After this passed iff he replied. The words he said, a».d which! sent in myteltgram to Mr Weldon, are these: 'If it's that, you can get no evidence againft me ; and if lam hanged for it I shall die tin innocent man.' The words I wrote at 2 o'clock in tbe morning, however, are : 'If that ia the charge, I have nothing to fear ; for there is no evidence against me ; and if I am hanged I thall die an innocent man,' whatever other crimes I have committed.' I said, There is evidence ta convict you ; the fire was put out, Butler.' He said, ' Since you have told mo that, I will a«k you a question,' After pausing he said, ' I will not adc you anything.' I then examined bis clothes and sud. ' These ara not the clothes yon left the Scotia in.' Butler answered, ' No ; I threw them away on yesterday in Norln-Etßt Valley. Thess clothes I hs.vo always had ; Mr Caldwell will tell you thnt ' I aoid, ' How can that be, when Mr Caldwell hwiiot pr-co you? 1 He said. "Fhi>re are ollur c!o*!ita ton' I siH, 'What has bb i wmf> of your raou taoH 1 ? yon f»avo taken ih off.' Th w?8 <ft\ Uo replied, 'I took it off whih I was on tbe road.' His hands are much, scratched, as if. by bushes, Several tjinea he

commenoed to ask questions, but then said, ' No, I won't ask you anything.' He appealed to Constables Colbourne and Townaend, who were with Detective Henderson and myself, that they ought to remember him hereafter, aa Le could have shot them if he wished. ' Yep,' said Constable Colbourne, ' so you would if we hada't rushed you, and you got no obanco.' At 10 45 p.m. visited lock-up. Butler said, •Is that yon, Mr Mallard? f I want to speak to you. I want you, as a favour, to ask the Press not to publish my career, and give me fair play ; but I suppo3e I shall be convicted^ and you will see I can die like a man.'" These were the notes of the conversation that I took down to refresh my memory. To the Coroner : The first intimation he received that he was to be charged with murder came from me. He seemed terribly agitated. Everything eeemed to atop. There was a choking sensation at the throat, and he trembled violently. A few seconds afterwards a reaction set in of a Eolid, determined nature. I looked upon it as something very extraordinary— his manner. The 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. He several times said, "Now you have told me, I will ask you — " and then he would stop. An opera gla«s was found on Butler when arrested. It was taken from Mr Stamper's house on the night of the fire. It was in the drawingroom at 9 o'clock. Butler was discharged from gaol on the 18th or 20 th of February. We had taken every precaution to keep this man under surveillance. We telegraphed for the detective to come from Invercargill; for the detective to come from Oamaru, but he was ill and tbe sergeant came: and Sergeant Hanlon from Port Chalmers 'came. On the 23rd February I wrote the following memorandum :—"Policeoffice, Dunedin. As I am afraid Butler, who is discharged from gaol, is brooding [I used the word brooding, buc perhaps it will nardly convey the meaning] too much, and not at all anxious for work, tell rff Detective Bain to keep him under special surveillance." The reasrn I wrote that memorandum is thi?. Butler called at tho < ffice and had told me pointedly that he omld not do manual labour ; that he was not fit for it, and could not do it. He Beamed to be very desirous of getting an introduction to ono or two gentlemen ojnnected with ths Pr^s. He seemed to want that j and I begg d of him to give up all idea of prison lie iukl to turn over a new leaf. I ttld him tint I had beeu at Mosgiel, and that men were wanted thtra for harvest work, and told biro to go up, He said, No ; he had never betn use U manual labour, and he would not do it. We took every precaution, but the instructions were that he was not to be haras <ed in any kind of way. I told Butler that "the Superiofcendent and uayßelf have no desire at all thab the polioa 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 kpep the run of him.

T&e Foreman: I do no« know what position Butler holds to this Court, but we would like to ask if there is any evidence to show any motive on his part supposing he was tbe 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 motivo that I can at present assign is thia — deadly hatred to everyone. His temperament, from whit I have seen of him,, would cause him if he got into your house to murder you just as soon es anybody else. The Foreman : I quite bolieve that. Witness : Althougu he may nover Have ssen you in Ms life before.. Tho Foreman : If I disturbed him, I can readily understand that ; but to enter a house in which there were two people he did not know

Wilneps : Tho nauie question may be asked in reference to his uiutive for burning down Mr Stamper's house. TL e Foreman : Perhaps ha robbed- the house.

Witness : He only took the binocular glasses. The Foreman : Ia there any reason to believe that he knew the deceased? Ifc has been msntioned out of doors that Mrs Dawar was greatly like another domestic in the same placu— that she resembled tho naurderod woman very cloaely. Witness : I neper heard that before.

The Foreman : 131 3 h p wsiliJe it is a caao of miatakon identity ; He may have had Borne iutimicy with thia very girl, and after six years of time mistook this murdered woman for the other one.

Witness : I never heard of anything of that before.

The Foreman : I think, if possible, we ehould have some evidence as to a motive for the murder of tbeße people, if it could be got. I quite understand him breaking into my house and murdwiog me or anybody else : but br&aking into the house of poor people, it seems such a different thing. One of the Jurymen wishes to know if she gave evidence against him at the previous trial. Witness : No ; she did not. Coroner : She did not evea know him, I learn from a former employer.

The Foreman : I do not know that the employer could be able to say that. I don't know that even her own relatives would be able to cay it.

Mr Aitcbison, tha father of Mrs Dpw^t, being present, was asked if he knew anything relative to the alleged resemblance between his daughter and her fellow servant ; but he could give no information on the point, bsyond that he bad heard of such a thing.

Witness : Prisoner pleaded guilty at the trial. There was no evidence tendered at all, except at the preliminary inquiry. 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 hab produced is the one owned by him, but I would not swear positively. He was wearing the bat on the Saturday night. Tho house belonged to the deceased Dewar ; the Building Society had the principal interest in it. Ifc is insured, but to what amount I cannot say. The Coroner : I may mention that Mr Torrancp, the chaplain of the Gaol, and Mr C<drtwell, the governor, several times advanced Butler money and gave him clotheß. They also offered to find him work, and work was found for him, as you know. This was the whole of the evidence; and, after some consultation, it was agreed that an adjournment should take place ior a couple of hours, in order that the Coroner might look through the evidence with the view of summing up. The inquiry waa then adjourned till 7 p.m. On resuming-, in addressing the Jury, The Coroner said they would have no difficulty in concluding that & most xrilivl and brutal murder had been committed, and that the perpetrator, had Bought to destroy all

traces of his crime by $c aot of incendiarism. This was so patent that he would not waste time by referring to the evidence on that point. No doubt it would appear to tbem that the crime was one which stood apart from others of a like nature in two or three particulars. In the first place there was the apparent al> sence of motive ; and secondly, the seleti. tion of a house inhabited by comparatively poor people ; and thirdly, from the excessive ferooity tf the whole crime. As regards the uttt r absence of motive, he would like to make afow remarks. Generally, revenge or burg* lary was the incentive to such a crime. But here there was no evidence of anything of tb sort. In reference to the motive of robbery, Detective Bain's evidence pointed t» that to fome extent, as he eaid the drawers were turned over, and so on ; but it was astonishing that the house of a poor man should be selected. But whatever they might think regarding motive, it was a tact that in the annals of crime, murders had been committed for which there waa no apparent reason. They should not, therefore, allow the absence of motive to weigh too strong'y with them. The evidence showed* that the crime had been the work of one man ; and they must;, if they thought the evidence strong enough against Butler, fiad a verdict against him ; or, if they thought it weak, verdict against some person unknown. He might here request them to allow tne fact that Butler waa a previous criminal not to weigh in their minus at all. There were Bix points against Butler. Firat, his absence from his lodging on the night ; second, his extraordinary demeanour aft&r the occurrence ; third, his going up to Cumberland street to look along it ; fourth, his changing his clothes ; fifth, the fact of blood having been found on his clothes ; sixth, his remarks to the arresting constables and to Inspector Mallard. They might think one or two of these things trivial. He was frequently absent from his lodgings; then with regard to his clothes, being «\ criminal and under police surveillance he might have desired to get rid of his clothss and bo cut himself (ff from hig former habit of life. But trivial as some of tbem might be, they were important when taken as a wh^le ; and the most important points gainst tb is man Butler was his demeanour on tbe Sunday morning directly after the oc. ourrence. This was so important that he would read over the evidence of Miss Grilleapie. Having done bo, bo said she d*>oribed him an looking frightened ar)d trembling, and judged; he trembled from the cold. It would be for the Jury ho consider whether they aUo thought it was fr>m cold. The Coroner then raad over Donne's evidence as to Butl«r'a demeanour at Blu«skin ; the boy Leighton's evidence j the evidence of the milkboy who had pean him neap Leighton's store; and Inspector MalUrd's state* ment as to the prisoner* manner in the lock-up. The fiwt point for them was the valuer f hisap. pewance on the morning of the murder and since then, and to oonsider whether that strengthened tho other points he bad men. tioned. He would go over them all, mentioning as far as he oould what might be said on the other fide. As to Butler's absence from bis lodging, there perhaps was not bo much extraordinary in it. He was last seen at a quarter to 8 the previous evening in Dandas street, which bounded Dewar'a block on one side. Then next morning ho went to the Scotia Eotel, and from there he went along the atraet in a contrary direction to that afterwards taken by him in going away from town. Then with regard to the change of clothing, and it was in connection with that he had taken tho single piece of evidenca that day in regard to the opera-glass found on Butler being tho property of Mr Stamper. No doubt it wan natural that a man like Butler should wiah, by taking off his clothes and his moustache, to cut himself off from his previous history. But they must consider the fact of the opera glass being found upon him. The fire at Mr Stamper's might have been the act of the burglar or not, but Buttler appeared to have got the glass as the rPßult of the burglary, and they must Bsk, Would it not be natural for him to have thrown away the glass if be wisbod to cut himself off from his previous associations? Tben coming to the blood upon his clothes, it was possible that ifc came there by the scratching of his hands hi the buah; and it might bo argued that he would have put off his shirt as well as his clothes, but the blood spots were bo small as only to be noticed by skilled examination, and perhap3, it might be thought, were missed even by himseF, The laat point wan his demeanour when arrested. Having briefly referred to thia. tho Coroner said he thought he had nothing more to ?ay as to Butler's connection with the crime. It would be for tbem to weigh' the evidence. Butler'a demeanour after the occurrence was a strong point in determining ths value of tho other evidence. Although the matter did not end here, it was necsssary and proper for them to return a verdict thoroughly founded on their belief, just as much as if they were a jury in the Supreme Court. It behovad • them to uay very great attention to these points. He need hardly aay that their verdict as regarded the husband would be the same as regarded the wife and child, and also as regarded the incendiarism, which they would have no doubt was raided to efface all traces of the deed. He then asked the Jury to consider their verdict.

The Jury retired at about quarter to 8 o'clock, and returned their verdict at 11. The verdict was to the effect thab Robert Butler, otherwise called Donnelly, did on the 14th day of March feloniously, wilfully, and of his malice aforethought kill and murder Jame3 Murray Dewar, Elizabeth Mary Jane Dewar, and Elizabeth Lindsay Dewar.

In making out the verdict as regarded the fire, the Coroner explained that generally in cases of fire the verdict ran that there was an intent to defraud an insurance company ; but in this the presumed intent must be to injure some person, and Mrs Dewar being the only person alive, it would be taken that tho intent waa to iDJure her.

The arson verdict therefore' ran that Robert Butler, alias Robert Donnelly, did feloniously, unlawfully, and maliciously set fire to a certain houso in Cumberland street with intent to in. jure Elizabeth Mary Jane Dewar.

The verdicts were signed by only 12 of the jurymen, the two others taking this means of recording their dissent.

The following riders were added to tbo verdicts :—" {tt The Jury are further of opinion that Robert Butler should have been present during the inquest, as it appears to them that bi3 absence thereat was contrary to the principles of justiftq and of fair pay ; 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 waß not present to hear the pro* ceedinga, to cross-examine upon them, and, if he chose, to {jive evidence. (2) They also de. sire to sxpress their high appreciation of the conduct of tha firemaD, Mr Eobb, who first appeared on the ground, as also of Constables Townaend and Colbonrne, for their Rmarfc apnreb.or.Birn of the Ruppo«erl criminal." Ia relation to the fi^t clause of tho rider the Coroner mid : I ara v.?t % v «'l-»d such a rider has bi;en gSvni, as it h^ b ( ;en a. mogvcs of great anxiety sn.d reprrofc to ma tliafc the prißoner was not present • and S, hope that y>4ic rider, whjcb,

I shall forward to the Government, will hayo the effect of preventing a thing of this kind in the future, The Coroner havirg thanked the Jury for their attendance, and expressed his thanks to Mr Watt for his courtesy in placing the Courthouse at their disposal, the proceedings concluded.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/OW18800327.2.82

Bibliographic details

Otago Witness, Issue 1480, 27 March 1880, Page 21

Word Count
12,155

The Late Tragedy. Otago Witness, Issue 1480, 27 March 1880, Page 21

The Late Tragedy. Otago Witness, Issue 1480, 27 March 1880, Page 21