THE CHARGES AGAINST BUTLER.

South Canterbury Times, Issue 2194, 31 March 1880, Page 2

THE CHARGES AGAINST BUTLER.

{livening Star, March 30.)

Mr Watt, R.M., attended at the gaol to-day (Tuesday) to hear the charges against Robert Duller, alias Donnelly, alias Medway, alias Lee. Inspector Mallard conduc'd the prosecution ; the prisoner defended himself. The remanded charge of murder was first taken.

Henry Touugman, re-called —I recognise the trousers produced as those I found on the Town licit on Thursday afternoon last. The place I found them would be about twelve to thirteen yards from the spot where I found the coat. The trousers were folded up like a ball, under a lawyer bush. They were very damp. I did not pick them up. I examined the trousers at the station. The internal portion, as I found them, was damper than the external. I brought them to the police station. By the prisoner—What did you mean by saying just now that you did

not pick the trousers upp—l found them, but I did not pick them up. You pointed them out to someone else, I suppose ? —A man named Carey was with me, and I pointed them out to him.

Did you examine them at the time ? —I did directly I got to the police station.

Then you just looked at the trousers. Now, can you say if they arc in the same state as they were when you found them ?—They were dryer. I mean as to any marks p—l saw a stain over the right knee, still visible. I did not further examine them.

You picked them up on Thursday last. Well, I suppose they must have remained in the bush at least ten days ? —I cannot say. Now, when you first saw these trousers in what state were they ?—They were not over clean. They were stained with dirt.

From that fact, and from your examination of them, do you think they had been washed or cleaned ? —Yes, I think the upper part of them had been washed.

Why do you think so ? —By the. appearance of them when I found them and by the wetness of them. Detective Bain recalled —The trousers just referred to are those of the prisoner Butler, He was wearing them on the Saturday night previous to the murder at a quarter to eight. Dr. Alexander deposed—l examined the trousers now produced on Friday, Saturday, and Sunday last. They were stained all over generally with clay. They were damp when I first saw them, but were dried % my orders during the time mentioned. On the left side front, about the level of the groin, there was a round blood spot, consisting of a little crust of blood; and on the right side, same level in the front, there were five spots of blood (similar to the other) of different sizes, but all small. I examined these spots microscopical!}', which showed the usual appearance of blood. There was also a small stain on the. lining of the top of the band of the trousers, which proved to be blood on examination. I also examined the coat. [The Paget coat previously referred to in evidence was here produced.] I found a blood-spot close to the fold of the collar, on the left side, in front. This spot also showed the features of blood microscopically. That was the only spot I examined. I examined the shirt and collar produced. I found a few very fine specks of blood on the shirt and one on the collar. There was a part in front of the shirt with three or four very minute specs ; there were three or four minute specs on the right arm-pit—about four small spots arranged in a line ; and one on the left sleeve, about five inches below the armpit. The blood on the shirt had entered intimately into the tissue of the shirt, from which I infer that it was very fluid when it came in contact with the shirt.

By the Prisoner —Did you see the house where the murder was committed ? —Yes.

Now, you speak of a small crust of blood on the left side of the trousers about the groin ? —Yes ; a small spot consisting of a crust. I suppose you did not see the deceased Dewar or his wife before their removal from the house ? —No; I have not seen them at all. Then I scarcely sec how you can answer the question I was about to put. (To His Worship)—l suppose Dr Brown will be examined again.

Inspector Mallard—Dr Brown is nnfortun.'rtely out of town. His Worship (to prisoner)—l may tell yon now, as I informed yon before, that I intend to commit you for trial on the evidence already adduced, but I do not propose to commit you to-day. You will bo furnished with the depositions so soon as they can be copied out. They arc are about ready up to to-day’s proceedings. Prisoner (to the witness) —Supposing the blood on the outer part of the clothing should bo accounted for by referring to the murder, how, on the same theory, can you account for the spot being funnel on the back of the trousers?—l dont give an any opinion as to that spot, or as to the cause of it. If the blood on the front of the clothes is the result of the murder, don’t you think it very improbable that the blood on the back of the trousers could arise from the same cause ?—lt could not arise from the spurting of blood, which I am asked to assume occasioned the other blood. Did you examine the stains chemically ?—Xo ? I examined them microscopically. Xow if that spot of blood on the collar of the coat had found its way on to the coat at the time of the murder and by the act of the murderer, does it not follow that the coat must have been thrown open ? You say the mark is upon the inside. —The coat most probably would have been.

Suppose my hands and my neck wore very much scratched do you not think these spots of bond could be fairly accounted for from that fact? —Xo, that could be quite impossible. You think it is impossible to account for the presence of these spots of blood by ordinary and everyday circumstances ?—These spots of blood have been impelled on to the coat with some little force. I don’t give an opinion as to how the force was occasioned ; it is the impression on my mind (hat no blood was applied, but that lire blood was projected. Docs that impression amount to an absolute certainty? —Y'cs, I am prepared to slate that. Prisoner was further remanded until Saturday. On the Charges of burglary (at Mr Stamper’s) and attempting to shoot the constable who arrested him near WaiIcouaiti, the prisoner was committed for trial.