THE NOTORIOUS BUTLER.

Otago Witness, Issue 2673, 7 June 1905, Page 49

THE NOTORIOUS BUTLER.

SENTENCED TO DEATH AT BRISBANE.

AN EXTRAORDINARY CAREER OF

CRIME.

THE LATEST MURDER

At the oriminal sittings of the Supreme Court, Brisbane, on May 24-. the trial of James Warton on a charge of the wilful murder of William Munday, at Toowong on March 23, was concluded. The defence sought to show that the accused was not wholly responsible for his actions, as he was suffering from dengue fever. - Counsel for the prisoner having obtained permission for the la.tter to address the jury, Warton, who was very nervous, and spoke in a weaic voice, made a statement, in which he detailed the hardships endured by hrim during his wanderings in search of work since Ju,y last, when he got out of work in .ifeibourne. The only work that suited him was journalism, and for that ho was rencterea uniit by an attack of influenza. He visited Sydney and Brisbane, arriving at the la.tter place in August, but being unable to get work he walked back to Sydnoy. He then described further hardships endured up to the time of his return to Brisbane. Regarding the shooting of Munday r prisoner said that months of illness and privations had told on him, and his actions were those of a man who had become a fool. He also said the shooting was accidental. The jury found prisoner " Guilty " of sdmp.e murder. Warton was much affected, and said he had but little to say. He thanked the judge and jury for the fairness of his trial. If there was anything he could give or anything he could do to give back to the wife her husband and to the children their father he would give it. His life was a poor thing, but he would be glad to give it 50 times over. He expressed sorrow for what he bad done The Chief Justice then passed sentence of death, and in doing so he eaid the jury had convicted prisoner of murder. On the evidence they might have convicted him of wilful murder, but they gave him the benefit of such douibt. His Honor thought prisoner went to Toowong intending to rob somebody. Counsel for the defence asked the judgo to reserve the question of law in connection with the admission of certain evidence for the consideration of the Full Court.

THE CAREER OF ROBERT BUTLER.

There was nothing in the report of the case at Brisbane to exoite unusual interest. Superintendent Sharp, of tho Victorian police, declares that the man Warton is identical with a well-known oriminal, variously named Robert Butler, James Wilson, George Lee, Robert Donnelly, and Robert Medway. Butler, as an instinctive criminal, was more dangerous to fche coinanunities chosen by him for purposes of prey by reason of being a higihly intelligent manone who planned cut has oriminal schemes, and executed them with a remorseless disregard for human life wherever it stood in his way. He was a " hatter," ahvays working alone, and being of small physique, counterbalanced his lack of strength by habitually carrying a revolver, wiiich he frequently used. According to tho information set forth in his criminal records, Warton was born in Kilkenny, Ireland, in 18W, and arrived in Melbourne in the ship General Palmer in 1855. In 1860 he initiated his career of orime by earning a sentence of 12 months for vagra.ncy. \uider tho name of James Wilson. In 1862 he was senteDoed_ to two years for being unlawfully on premises. In 1863 he got 12 months for stealing in a dwelling, and in IP6I- he became criminally important by breaking out as a hiarhwayman, and. being captured, was sentenced to five yeai - s on the roads, and at the same sessions" got another six months for receiving stolen property. In 1871, under the name of Georeje Lee. he was awarded five years for burgfery. He had been in Vic-toi-ia 16 years, and bad served sentences aggregating 13 years. During his time in gaol he set about educating himself. He read a"d studied earnestly, became an authority on music and history, and an expert at shorthand- He studied especially th.Fi lives of such men as Frederick the Groat and Napoleon, and went inio the minutest details of their careers.

Butler was next heard of in Dunedin. Hs had not been here long when be got into trouble a-ud was sent to gaol for a short term. He. used to work in a ganar outside fche gail, and became acquainted with the 15-j oar-old daughter of one of Iho warders. When his lerm was up he still loitered round places frequented by this girl, and became such a •miis>ance thar the detectives were asked to get him away. It was this pesterinsr nf this ypung girl that save the clue to the Jetectives later on. Meantime the residence of Mr Stamper, solicitor. Hig.h street, was broken into in the early morning, the house wt on fire, and a number of articles, iaieludme a pair of field-glasses, stolen. Butler, however, was not su«peoted of this. The police however, knew he was a dangerous man. and it was decided to get work for him out of tnwn. and to this e-nd he was provided with tools Meantime Butler was under surveillance by Detective Bain, and he had to report himself at least once a day. One Saturday night Butler failed to meet the detective. Early on Sunday morning a resident of the north end noticed a house on fire in Cumberland street. He roused his son, who was a member of the Fire Brigade. Tho latter ran to the house and burst in the front dloor. Here he found the dead bodies of the young couple who occupied the place, and also the body of their little daughter. They had been ruthlessly murdered ill their sleep, and to hide the traoeis of the crime the mattress on ' which they were lying had been set on fire. The tragedy aroused 1 tihe utmost horror. The detectives were at their wits' end to account for the tragedy. The murdered man, who was engaged l as driver of a butcher's hawking cart, was liked and •esteomed, and so far as could be learnt he had not an eaiemy in Dunedin. Nor was his young wife known to June any enemies, and her life had been so quiet and unerentful that nothing in that direction could be found to give a clw to the tragedy. The table knife with which the catch on the window had been forced baok to gain admittance was found among the grass in front of tlie house, and the axe with which the muvdaira had been c* WIT " i 'tted was also

found, but they afforded no olue whatever. Detectives Henderson and Walker were at their wits" end. While walking down to the Rattray street wharf to scan the countenances of pa-sse-ngers departing they met the voting girl who had been pestered 1 by Butler, and Detective* Henderson, in a casual way, stopped to converse with her to ascertain if Butlea- had give/i up troubling heir. He ascertained that the girl had seen Butler on the previous afternoon. As Butler bad failed to m-eet Detective Bain, it had been presumed he had gone to thff work provided for him, but the story of the girl put a different complex-on on th*» matter, and it flashed through Detective Henderson's mind that he was responsible for the tragedy in Cumberland street. A search was at once instituted, and inquiries made showed that a man resembling Butlor had been seen going . into the scrub near the Northern Cemetery. On Monday, Butler" was arrested by Constables Colbourne and! Townsend near Waikouaiti, and brought to Dxmedin. The evidence against Butler was purely circumstantial, and was considered fairly strong. He defended himself!' cut the Supremo Court with great ability. Be accounted for the blood found en his? clothes by declaring that it was the results of scratches received from lawyers while forcing his way through the scrub. Butler addressed the jury for -six hours, and hewas acquitted. It was stated at the time, though with what truth -it is impossible to, say, that one of the jurymen held very" strong 1 views in opposition to capital punishment, and that this had a good deal to do with the acquittal.

One of the stories told by Butler was that ho had kept out of the way of the police because he had broken into the hoiiso of Mr Stamper and set fire to it. The Crown accordingly charged him with this, and brought against him a further^ charsre of sacrilege. On these two charges he received sentences of 18 years on the first and 10 on the second, the sentences to run concurrently. Nolle prosequi was entered in the charge of murder, and two charges of attempting co shoot and kill were substituted.

Tho names of the vicitims of the murder" in Cumberland street were James MurrayDewar, or Grant, Elizabeth Dewar, and tbeir nine-inonths'-old daughter. The charge of sacrilege was for stealing three books, the property of the late Bishop Mar an.

in 16 v jc returned to Victoria, and was sentenced to 12 months' imprisonment for being illegally at large. At the same sessions he received a sentence of 10 years for housebreaking. He was released only a short time ago, and after doing some journalistic work in Melbourne he left for Queensland, only to bo convicted of murder-, While in gaol he learned the trade of bookbinding, and, being an assiduous reader, with a most retentive memory, acquired at large fund of general information, which in, his short visits to the world he turned ta lucrative account. He was while in gaol an unmitigated nuisance to the warders by his incessent complaints and petty dis-. obediences. On his last period of liberty in Victoria he wrote a series of articles ill a Melbourne evening paper upon the inconveniences of prison discipline — a subject upon which he wa9 peculiarly qualified to descant. It is almost certain that "Warton, Butler, etc.," is a much older man than he made out to be, for, according to the reputed year of his birth he* would have received his first sentence -for vagrancy afc the age of 12 years — a most unlikely happening. The man's extraordinary power of invent-_ ing plausible stories and the marvellous eloquence with which he placed these stories before the jury secured his acquittal when icquittal seemed impossible and the case in Brisbane seems to have secuied at least an amelioration of the verdict.

It is to be hoped that, if Butler escapes the gallows this time, he will be kept safely under lock and key for the term of his natural life.