THE DUNEDIN MURDERS.

South Canterbury Times, Issue 2211, 19 April 1880, Page 2

THE DUNEDIN MURDERS.

S.vruhDAY, Ai'itii. 17. The hearing of the charge of murder preferred against Hubert Butler was continued to-day. The Court was crowded to excess in every part. His Honor, addressing the Crown

Prosecutor—Do you 'sum- up' ie evi ‘ deuce, Mr Haggitt? The Crown Prosecutors-^ 0 * yom Honor.

11 is Honor—Now, prisoner, is your time, to address the jury * n 5 °'T tlc " fence.’ „ .* '. , Butler, after a couple ofminutes pause, addressed the jury ns follows m a a clear, firm voice, and with scarce!} any interruptions, ;su,oh as, he made being to consult his notes : ”” . Gentlemen of the is a case wholly of circumstances which have been brought" against me mainly by the fact that I was once before guilty of a crime which at the time I frankly acknowledged. I say to you, gentlemen, that the officers of the police started this enquiry with the evident conviction that I was the guilty party. Ibis conviction getting into their minds seems to have prevented them from following any other trail. No other clue has been followed out. It has not even been attempted to follow out any-furthcr cine. It lias been evidently at once by the police that 1 was the guilty man. If not, then the murderer, out of the confusion and diversion that have been caused by my arrest and trial —whatever the result of that may be —the guilty man may escape. You know that there is a sort of little fish that generally escapes from its enemies.by the turmoil and mud raised by it in the water around where,it is. I have said that this case is one wholly of circumstantial evidence. There is mj't one particle of direct evidence—it is entirely, purely, and ns I have sajd in every particular circumstantial evidence. Now, nobody should be judged guilty of any crime on circumstantial evidence, unless the proof is exceedingly strong. In almost all cases like this it is a matter of the greatest import—a matter that involves life or death—a matter of the last import to yon, gentlemen of the jury— I say that in such a case as this if in ho other case, the circumstances should be clear and distinct, without leaving any doubt whatever. Not only should there bo a certainty in your minds that I am guilty, but there should be the equal certainty that nobody else can be guilty. Yon must follow that up—not only must yon be sure that I am guilty, but be equally sure that no one else can be guilty. Even at this stage I ask you the question—l ask yon to put the question to yourselves in-dividnallyr-dhink, can this be said of me ? can this be said of this case ? I ask yon to say whether, though certain circumstances have been twisted against me, yon can fairly and honestly, without the 'smallest sediment of doubt in your minds, say that the man who stands before yon, whose life is in your hands, is guilty : of ■ the awful crime imputed to him. His Honor has expressed surprise, and lias been good enough to express regret that 1 should have chosen to defend myself. I may haye been unwise and imprudent. Since His Honor made that remark I have thought so, but I allowed my own knowledge of, my innocence to be my surest confidence. I was not willing to leave my life in the hands of a stranger. I was willing to incur all the disadvantages under which I was laying myself. I was willing also to enter on the case without, piy .experience of that peculiarly acquired apt of cross-examination. I fear I have done wrong. If £ hqd had the assistance of an able counsel, much more liglit would have been thi’own on the case than has been. In my own case I can see now that through want of - dexterity and through want of presence of mind,’.l have allowed circumstances to slip in which, had they been brought out clearly, would perhaps have placed mo in a more favorable view. It is because I took it for granted that you have no view of the case at present yon are not like most of those who listened ’here merely for curiosity, and not for criticism and judgmo.it, as I am sure you arc doing—that I took in hand my iiuq) defence, trusting merely to my innocence. I said op a previous occasion, as you have- hoard given jn evidence, that I could not ’conceive how convicting evidence could be brought against an innocent man. That is why I trusted in my own powers as being ipntc sufficient for my support. I have, lied against mo all the trained skill of an_ eminent counsel. Ido not at all say or insinuate, or even think, that that gentlemen has taken an unfair advantage of me. The ■case remains that, although I am not an entirely 'ignorant man, I am a thoroughly inexperienced one, and, therefore,' so’ far as this matter is eopccrued, I; may be said, to bo an ignorant 1041) jn having to combat skill, ability, and knowledge, which I have never encountered before. I think I- before mentioned an old proverb which says that a “man who defends himself in a court of law has a fool for a client ” and I try to console myself with rcilcction that “ tln-ico armed is lie who hqs hjs nii.qrrel just." Another proverb occurs to mo now which is as apt as the others, “ It is easier to attack than defend " ; andagaint this I will try to console myself with another old saying which is “ God defend the right.” Gentlemen, I shall try mv cleverest endeavor to clear myself by ti’iith , alone. When a crime so great, as tins occurs {4} a community small in point of numbers, no one can remain indifferent ; and this fcclim>- applies not j only to Dunedin but to* the whole .colony. Few great crimes occur, which give rise to other feelings lhi,r» indignation—perhaps no greater feeling tiui.ll curiosity. But that with which ! am charged must have produced one oPaltnost universal terror —certainly ,-sa (l fpy as the town is concerned. I can.l.easily conceive that there are few families in Dunedin who have heard of the crime who wouldnot Lave trembled and said : “It might have happened to ourselves.” The foremost feeling in the community was rather of pity for the unfortunate victims who have met with such a fate, and as I have just remarked the feeling of dread and terror was on their own account;-;. ]\To\y, goptlpmen, terror is the worst form of pain, 4 n h I tlqiik its reaction is oijc pf tI)P most dangerous maladies, Three things pombiuo to make my position hero before yog today very dangerous ■; these apo the two feelings! alluded to and my own utter isolation. If I succeed in my struggle for life, or whether I do not, there is no one to care.

The prisoner’s .speech occupied about 5 hours in delivery, and the evidence was criticised in detail by him. His Honor commenced hw BUjnjng up shortly after 4 p.m., and the jury retired q.t 0.5 p.m. On returning, after three hours' 1 (lohuepijr tion, the verdict, as we have stated, was one of acquittal. The greatest interest was shown in the proceeding’s : clergymen and medical gctlemcn, and others remained in Court during nearly the whole of the prolonged trial, and hundreds congregated abony the Cpurt unable to obtain admission. A very

linmerous assemblage waited outside the hear the verdict, and when it became known they expressed their sentiments regarding it by hooting and groaning. The prisoner betrayed but little emotion during the trial, and none whatever when the jury returned to deliver their verdict'; the only time when he betrayed any great anxiety being when the medical evidence was given. No intimation was given by the Crown that a nolle prosequi would lie entered in respect of the other indictment found against the prisoner for the murder of Elizabeth Dewar, and we,, (“Daily Times ”) understand that his trial upon that charge will bo proceeded with. Some fifty persons bar assembled at the back entrance to the Court in Liverpool street before Butler was brought out, and his appearance was the signal for loud hoots and groans. The assemblage quickly swelled. When Butler got into the cab it looked as if there was going to be a scene, for one-or two persons got on to the step, and some caught hold of the side of the vehicle. Inspector Mallard, however, and the detectives interfered, and the cab got away. It was followed all the way to the goal by a number of persons.