THE SHOCKING MURDER IN NORTH DUNEDIN.

Dunstan Times, Issue 937, 2 April 1880, Page 3

THE SHOCKING MURDER IN NORTH DUNEDIN.

(Condensed from tho Morning Herald.) The hfcaring of the charges of murder and arson against Robert Butler, alias Donelly, alias Medway, alias Lee, was continued in the gaol on Tuesday last, before I. N. Watt. Esq., R.M. Tho only further evidence was by Henrv Youngman, Town Belt Ranger, who deposed to the finding of a pair of trowsers on the 25th instant. He found them some 12 or 13 yards distant from where he found the clothing of the accused produced at the former enqui-y The production of the same did not throw much further light on the tragedy. The accused cross-examined the witnesses. The case was adjourned until Saturday (to morrow) the 3rd instant.

The accused was then charged for burglary at the bouse of John Stamper on the night of the 13th March last- In this case the evidence produced, was to the fact that certain property was found on the person of Butler, when ho was arrested on the former charge. Evidence was taken, which fully proved the ownership, and likewise that it was on the premises of Mr Stamper the night his premises were burned down, the - time being that of the burglary. On this charge the prisoner had nothing to-say, and on the charge was committed for trial at the next sessions oi the Supreme Court.

Prisoner was then charged with stealing from St. Joseph’s Church some music on the night of Friday, tho 12th March last. On this charge prisoner asked that it should be dealt with summarily, and his Worship said he would consider the same.

The charge against the prisoner for levelling a loaded revolver at Constable Townsbond was then proceeded with. After the evidence had been taken, in reply to the usual question whether he had anything to say, the prisoner said as follows : “The charge preferred against me, your Worship, is that 1 levelled a revolver at Constable,Townshen'd with the intention of shooting him. That I levelled the revolver has boon shown to be true ; but that 1 thereby intended to shoot and destroy him has not been shown. Constable Townshead only proves that such was my intention, for while he affects to believe that I did wish to shoot him he says in effect that 1 did not. ■ Several points have been proved, and they are these : First, that 1 seemed alarmed and suspicions on encountering him and Col born, and therfore, as forewarned is forearmed, I would have been ready to have attacked them before they reached me. Townshend says that he left the road and came through a distance at least eighteen feet. It docs not appear that he came upon mo unawares, for he stood some time talking to me. When he first,advanced upon me with the intention of seizing mo, he admits that ho was nine feet from me. Now, all this shows that I had both time and opportunity to have shot, not, only him, but the other constable also if 1 had wished to doit. When he is nine feet away from me the revolver is already lev elled at him, and 1 bad merely to bend my huger to have sent him into eternity. The fact remab.s that I did not fire, and tho evidence shows that I had any amount of opportunity of firing. If I did not hro it cannot be said in any case that I would have fired, and almost immediately afterwards I disclaimed all intention of firing, and said that though' 1 had been indulging in vague notions of tiring at anybody that interfered with me, something—that is, some feeling—(this remark. was also made at the time in the heat of tho moment) — prevented me! 1 think, your Worship, that these facts aione..clearly show that I had no intention of firing on the constable. Well, 1 submit to year Worship that the indictment has not been made out.” The-prisoner after having Arcon committed for trial, said : I wish to speak to your orship on a point in connection ! with the case. Seeing that there is such a short time left between now and the opening of the Criminal Sessionary Time for preparation of my defines, especially on tho most serious charge, will .be eaiall. For that reason and mere especially for another reason, vit.

—that it is so recent that the minds of the public have been put into a kind of ferment, I would wish that if possible to have the case postponed for a month. His Worship said that that was an application which would have to he made before a Judge ; he could not grant it, but he had no doubt, however, that the prisoner would have every opportunity given him for preparing his defence.