On the 18th of February, 1880, Butler was released from prison. With

that consummate hypocrisy which was part of the man, he had contrived to

enlist the sympathies of the Governor of the Dunedin Jail, who gave

him, on his departure, a suit of clothes and a small sum of money.

A detective of the name of Bain tried to find him employment. Butler

wished to adopt a literary career. He acted as a reporter on the Dunedin

Evening Star, and gave satisfaction to the editor of that newspaper. An

attempt to do some original work, in the shape of "Prison Sketches,"

for another newspaper, was less successful. Bain had arranged for the

publication of the articles in the Sunday Advertiser, but when the time

came to deliver his manuscript, Butler failed to appear. Bain, whose

duty it was to keep an eye on Butler, found him in the street looking

wild and haggard. He said that he had found the work "too much for his

head," that he had torn up what he had written, that he had nowhere to

go, and had been to the end of the jetty with the intention of drowning

himself. Bain replied somewhat caustically that he thought it a pity he

had not done so, as nothing would have given him greater joy than

going to the end of the jetty and identifying his body. "You speak

very plainly," said Butler. "Yes, and what is more, I mean what I say,"

replied Bain. Butler justified Bain's candour by saying that if he broke

out again, he would be worse than the most savage tiger ever let loose

on the community. As a means of obviating such an outbreak, Butler

suggested that, intellectual employment having failed, some form of

manual labour should be found him. Bain complied with Butler's request,

and got him a job at levelling reclaimed ground in the neighbourhood of

Dunedin. On Wednesday, March 10, Butler started work, but after three

hours of it relinquished the effort. Bain saw Butler again in Dunedin on

the evening of Saturday, March 13, and made an appointment to meet him

at half-past eight that night. Butler did not keep the appointment. Bain

searched the town for him, but he was nowhere to be found.

About the same time Butler had some talk with another member of the

Dunedin police force, Inspector Mallard. They discussed the crimes of

Charles Peace and other notable artists of that kind. Butler remarked to

Mallard how easy it would be to destroy all traces of a murder by fire,

and asked the inspector whether if he woke up one morning to find some

brutal murder had been committed, he would not put it down to him. "No,

Butler," replied the inspector, "the first thing I should do would be to

look for suspicious circumstances, and most undoubtedly, if they pointed

to you, you would be looked after."

In the early morning of this Saturday, March 13, the house of a Mr.

Stamper, a solicitor of Dunedin, had been broken into, and some articles

of value, among them a pair of opera glasses, stolen. The house had been

set on fire, and burned to the ground. On the morning of the following

day, Sunday, the 14th, Dunedin was horrified by the discovery of a far

more terrible crime, tigerish certainly in its apparent ferocity. In a

house in Cumberland Street, a young married couple and their little baby

were cruelly murdered and un{sic}{an??} unsuccessful attempt made to

fire the scene of the crime.

About half-past six on Sunday morning a man of the name of Robb, a

carpenter, on getting out of bed, noticed smoke coming from the house

of a neighbor of his, Mr. J. M. Dewar, who occupied a small one-floored

cottage standing by itself in Cumberland Street, a large and broad

thoroughfare on the outskirts of the town. Dewar was a butcher by trade,

a young man, some eighteen months married, and father of a baby girl.

Robb, on seeing smoke coming from Dewar's house, woke his son, who was

a member of the fire brigade. The latter got up, crossed the street,

and going round to the back door, which he found wide open, entered the

house. As he went along the passage that separated the two front rooms,

a bedroom and sitting-room, he called to the inmates to get up. He

received no answer, but as he neared the bedroom he heard a "gurgling"

sound. Crawling on his hands and knees he reached the bedroom door, and

two feet inside it his right hand touched something. It was the body of

a woman; she was still alive, but in a dying condition. Robb dragged

her across the passage into the sitting-room. He got some water, and

extinguished the fire in the bedroom. On the bed lay the body of Dewar.

To all appearances he had been killed in his sleep. By his side was

the body of the baby, suffocated by the smoke. Near the bed was an

axe belonging to Dewar, stained with blood. It was with this weapon,

apparently, that Mr. and Mrs. Dewar had been attacked. Under the bed was

a candlestick belonging also to the Dewars, which had been used by

the murderer in setting fire to the bed. The front window of the

sitting-room was open, there were marks of boot nails on the sill, and

on the grass in front of the window a knife was found. An attempt

had been made to ransack a chest of drawers in the bedroom, but some

articles of jewellery lying in one of the drawers, and a ring on the

dressing-table had been left untouched. As far as was known, Mr. and

Mrs. Dewar were a perfectly happy and united couple. Dewar had been last

seen alive about ten o'clock on the Saturday night getting off a car

near his home. At eleven a neighbour had noticed a light in the Dewars'

house. About five o'clock on the Sunday morning another neighbour

had been aroused from his sleep by the sound as of something falling

heavily. It was a wild and boisterous night. Thinking the noise might be

the slamming of his stable door, he got up and went out to see that

it was secure. He then noticed that a light was burning in the bedroom

window of the Dewars' cottage.

Nothing more was known of what had occurred that morning until at

half-past six Robb saw the smoke coming from Dewars' house. Mrs. Dewar,

who alone could have told something, never recovered consciousness

and died on the day following the crime. Three considerable wounds

sufficient to cause death had been inflicted on the unfortunate woman's

head, and five of a similar character on that of her husband. At the

head of the bed, which stood in the corner of the room, there was a

large smear of blood on the wall just above the door; there were spots

of blood all over the top of the bed, and some smaller ones that had to

all appearances spurted on to the panel of the door nearest to the bed.

The investigation of this shocking crime was placed in the hands of

Detective Bain, whose duty it had been to keep an eye on Robert Butler,

but he did not at first associate his interesting charge with the

commission of the murder. About half-past six on Sunday evening Bain

happened to go to a place called the Scotia Hotel, where the landlord

informed him that one of his servants, a girl named Sarah Gillespie, was

very anxious to see him. Her story was this: On the morning of Thursday,

March 11, Robert Butler had come to the hotel; he was wearing a dark

lavender check suit and carried a top coat and parcel. Butler had stayed

in the hotel all Thursday and slept there that night. He had not slept

in the hotel on the Friday night, and Sarah Gillespie had not seen him

again until he came into the house about five and twenty minutes to

seven on Sunday morning. The girl noticed that he was pale and excited,

seemed afraid and worried, as if someone were coming after him. After

giving her some money for the landlord, he went upstairs, fetched his

top coat, a muffler, and his parcel. Before leaving he said he would

have a pint of beer, as he had not breakfasted. He then left, presumably

to catch an early train.

Butler was next seen a few minutes later at a shop near the hotel, where

he bought five tins of salmon, and about the same time a milk-boy saw

him standing on the kerb in Cumberland Street in a stooping position,

his head turned in the direction of Dewars' house. A little after ten

the same night Butler entered a hotel at a place called Blueskin, some

twelve miles distant from Dunedin. He was wearing an overcoat and a

light muffler. He sat down at a table in the dining-room and seemed

weary and sleepy. Someone standing at the bar said "What a shocking

murder that was in Cumberland Street!" Butler started up, looked

steadily from one to the other of the two men who happened to be in the

room, then sat down again and, taking up a book, appeared to be reading.

More than once he put down the book and kept shifting uneasily in his

chair. After having some supper he got up, paid his reckoning, and left

the hotel.

At half-past three the following morning, about fifteen miles from

Dunedin, on the road to Waikouaiti, two constables met a man whom they

recognised as Butler from a description that had been circulated by the

police. The constables arrested and searched him. They found on him a

pair of opera glasses, the property of Mr. Stamper, whose house had been

burgled and burned down on the morning of the 13th. Of this crime Butler

acknowledged himself to be the perpetrator. Besides the opera glasses

the constables took from Butler two tins of salmon, a purse containing

four shillings and sixpence, a pocket knife, a box of matches, a piece

of candle, and a revolver and cartridges. The prisoner was carrying a

top coat, and was dressed in a dark coat and grey trousers, underneath

which he was wearing a white shirt, an under flannel and a Rob Roy

Crimean shirt. One of the constables noticed that there were marks of

blood on his shirt. Another singular feature in Butler's attire was the

fact that the outer soles of his boots had been recently removed. When

last seen in Dunedin Butler had been wearing a moustache; he was now

clean shaven.

The same evening a remarkable interview took place in the lock-up at

Waikouaiti between Butler and Inspector Mallard. Mallard, who had some

reason for suspecting Butler, bearing in mind their recent conversation,

told the prisoner that he would be charged with the murder in Cumberland

Street. For a few seconds, according to Mallard, the prisoner seemed

terribly agitated and appeared to be choking. Recovering himself

somewhat, he said, "If for that, you can get no evidence against me; and

if I am hanged for it, I shall be an innocent man, whatever other crimes

I may have committed." Mallard replied, "There is evidence to convict

you--the fire was put out." Butler than{sic} said that he would ask

Mallard a question, but, after a pause, decided not to do so. Mallard,

after examining Butler's clothes, told him that those were not the

clothes in which he had left the Scotia Hotel. Butler admitted it, and

said he had thrown those away in the North East Valley. Mallard alluded

to the disappearance of the prisoner's moustache. Butler replied that he

had cut it off on the road. Mallard noticed then the backs of Butler's

hands were scratched, as if by contact with bushes. Butler seemed often

on the point of asking questions, but would then stop and say "No, I

won't ask you anything." To the constables who had arrested him Butler

remarked, "You ought to remember me, because I could have shot you if I

had wished." When Mallard later in the evening visited Butler again, the

prisoner who was then lying down said, "I want to speak to you. I want

to ask the press not to publish my career. Give me fair play. I suppose

I shall be convicted and you will see I can die like a man."

A few days after Butler's arrest a ranger on the Town Belt, a hill

overlooking Dunedin, found a coat, a hat and silk striped cravat, and

a few days later a pair of trousers folded up and placed under a bush.

These articles of clothing were identified as those which Butler

had been seen wearing on the Saturday and Sunday morning. They were

examined. There were a number of bloodstains on them, not one of them

larger in size than a pea, some almost invisible. On the front of the

trousers about the level of the groin there were blood spots on both

sides. There was blood on the fold of the left breast of the coat and on

the lining of the cuff of the right arm. The shirt Butler was wearing

at the time of his arrest was examined also. There were small spots of

blood, about fourteen altogether, on the neck and shoulder bands, the

right armpit, the left sleeve, and on both wristbands. Besides the

clothes, a salmon tin was found on the Town Belt, and behind a seat in

the Botanical Gardens, from which a partial view of the Dewars' house

in Cumberland Street could be obtained, two more salmon tins were found,

all three similar to the five purchased by Butler on the Sunday morning,

two of which had been in his possession at the time of his arrest.

Such were the main facts of the case which Butler had to answer when,

a few weeks later, he was put on his trial before the Supreme Court at

Dunedin. The presiding judge was Mr. Justice Williams, afterwards Sir

Joshua Williams and a member of the Privy Council. The Crown Prosecutor,

Mr. Haggitt, conducted the case for the Crown, and Butler defended

himself.

II

THE TRIAL OF BUTLER

To a man of Butler's egregious vanity his trial was a glorious

opportunity for displaying his intellectual gifts, such as they were.

One who had known him in prison about this time describes him as a

strange compound of vanity and envy, blind to his own faults and envious

of the material advantages enjoyed by others. Self-willed and arrogant,

he could bully or whine with equal effect. Despising men, he believed

that if a man did not possess some requisite quality, he had only to ape

it, as few would distinguish between the real and the sham.

But with all these advantages in the struggle for life, it is certain

that Butler's defence would have been far less effective had be{sic}

been denied all professional aid. As a matter of fact, throughout his

trial Butler was being advised by three distinguished members of the New

Zealand bar, now judges of the Supreme Court, who though not appearing

for him in court, gave him the full benefit of their assistance

outside it. At the same time Butler carried off the thing well. Where

imagination was required, Butler broke down; he could not write sketches

of life in prison; that was too much for his pedestrian intellect. But

given the facts of a case, dealing with a transaction of which he alone

knew the real truth, and aided by the advice and guidance of trained

intellects, Butler was unquestionably clever and shrewd enough to make

the best use of such advantages in meeting the case against him.

Thus equipped for the coming struggle, this high-browed ruffian, with

his semi-intellectual cast of countenance, his jerky restless posturing,

his splay-footed waddle, "like a lame Muscovy duck," in the graphic

words of his gaol companion, stood up to plead for his life before the

Supreme Court at Dunedin.

It may be said at the outset that Butler profited greatly by the

scrupulous fairness shown by the Crown Prosecutor. Mr. Haggitt extended

to the prisoner a degree of consideration and forbearance, justified

undoubtedly towards an undefended prisoner. But, as we have seen, Butler

was not in reality undefended. At every moment of the trial he was in

communication with his legal advisers, and being instructed by them how

to meet the evidence given against him. Under these circumstances the

unfailing consideration shown him by the Crown Prosecutor seems almost

excessive. From the first moment of the trial Butler was fully alive

to the necessities of his situation. He refrained from including in his

challenges of the jury the gentleman who was afterwards foreman; he knew

he was all right, he said, because he parted his hair in the middle, a

"softy," in fact. He did not know in all probability that one gentleman

on the jury had a rooted conviction that the murder of the Dewars was

the work of a criminal lunatic. There was certainly nothing in Butler's

demeanour or behaviour to suggest homicidal mania.

The case against Butler rested on purely circumstantial evidence.

No new facts of importance were adduced at the trial. The stealing

of Dewar's wages, which had been paid to him on the Saturday, was the

motive for the murder suggested by the Crown. The chief facts pointing

to Butler's guilt were: his conversation with Mallard and Bain previous

to the crime; his demeanour after it; his departure from Dunedin; the

removal of his moustache and the soles of his boots; his change of

clothes and the bloodstains found upon them, added to which was

his apparent inability to account for his movements on the night in

question.

Such as the evidence was, Butler did little to shake it in

cross-examination. His questions were many of them skilful and pointed,

but on more than one occasion the judge intervened to save him from the

danger common to all amateur cross-examiners, of not knowing when to

stop. He was most successful in dealing with the medical witnesses.

Butler had explained the bloodstains on his clothes as smears that had

come from scratches on his hands, caused by contact with bushes. This

explanation the medical gentlemen with good reason rejected. But they

went further, and said that these stains might well have been caused by

the spurting and spraying of blood on to the murderer as he struck his

victims. Butler was able to show by the position of the bloodstains on

the clothes that such an explanation was open to considerable doubt.

Butler's speech in his defence lasted six hours, and was a creditable

performance. Its arrangement is somewhat confused and repetitious, some

points are over-elaborated, but on the whole he deals very successfully

with most of the evidence given against him and exposes the

unquestionable weakness of the Crown case. At the outset he declared

that he had taken his innocence for his defence. "I was not willing,"

he said, "to leave my life in the hands of a stranger. I was willing to

incur all the disadvantages which the knowledge of the law might bring

upon me. I was willing, also, to enter on this case without

any experience whatever of that peculiarly acquired art of

cross-examination. I fear I have done wrong. If I had had the assistance

of able counsel, much more light would have been thrown on this case

than has been." As we have seen, Butler enjoyed throughout his trial the

informal assistance of three of the most able counsel in New Zealand, so

that this heroic attitude of conscious innocence braving all dangers

loses most of its force. Without such assistance his danger might have

been very real.

A great deal of the evidence as to his conduct and demeanour at the time

of the murder Butler met by acknowledging that it was he who had broken

into Mr. Stamper's house on the Saturday morning, burgled it and set it

on fire. His consciousness of guilt in this respect was, he said, quite

sufficient to account for anything strange or furtive in his manner

at that time. He was already known to the police; meeting Bain on the

Saturday night, he felt more than ever sure that he was susspected{sic}

of the robbery at Mr. Stamper's; he therefore decided to leave Dunedin

as soon as possible. That night, he said, he spent wandering about the

streets half drunk, taking occasional shelter from the pouring rain,

until six o'clock on the Sunday morning, when he went to the Scotia

Hotel. A more detailed account of his movements on the night of the

Dewars' murder he did not, or would not, give.

When he comes to the facts of the murder and his theories as to the

nature and motive of the crime--theories which he developed at rather

unnecessary length for the purpose of his own defence--his speech is

interesting. It will be recollected that on the discovery of the murder,

a knife was found on the grass outside the house. This knife was not

the property of the Dewars. In Butler's speech he emphasised the opinion

that this knife had been brought there by the murderer: "Horrible though

it may be, my conclusion is that he brought it with the intention of

cutting the throats of his victims, and that, finding they lay in rather

an untoward position, he changed his mind, and, having carried out the

object with which he entered the house, left the knife and, going back,

brought the axe with which he effected his purpose. What was the purpose

of the murderer? Was it the robbery of Dewar's paltry wages? Was it

the act of a tiger broken loose on the community? An act of pure wanton

devilry? or was there some more reasonable explanation of this most

atrocious crime?"

Butler rejected altogether the theory of ordinary theft. No thief

of ambitious views, he said, would pitch upon the house of a poor

journeyman butcher. The killing of the family appeared to him to be

the motive: "an enemy hath done this." The murderer seems to have had a

knowledge of the premises; he enters the house and does his work swiftly

and promptly, and is gone. "We cannot know," Butler continues, "all the

passages in the lives of the murdered man or woman. What can we know of

the hundred spites and jealousies or other causes of malice which might

have caused the crime? If you say some obscure quarrel, some spite or

jealousy is not likely to have been the cause of so dreadful a murder,

you cannot revert to the robbery theory without admitting a motive much

weaker in all its utter needlessness and vagueness. The prominent

feature of the murder, indeed the only feature, is its ruthless,

unrelenting, determined vindictiveness. Every blow seemed to say, 'You

shall die you shall not live.'"

Whether Butler were the murderer of the Dewars or not, the theory that

represented them as having been killed for the purpose of robbery

has its weak side all the weaker if Butler, a practical and ambitious

criminal, were the guilty man.

In 1882, two years after Butler's trial, there appeared in a New Zealand

newspaper, Society, published in Christchurch, a series of Prison

"Portraits," written evidently by one who had himself undergone a term

of imprisonment. One of the "Portraits" was devoted to an account of

Butler. The writer had known Butler in prison. According to the story

told him by Butler, the latter had arrived in Dunedin with a quantity of

jewellery he had stolen in Australia. This jewellery he entrusted to a

young woman for safe keeping. After serving his first term of two years'

imprisonment in Dunedin, Butler found on his release that the young

woman had married a man of the name of Dewar. Butler went to Mrs. Dewar

and asked for the return of his jewellery; she refused to give it up. On

the night of the murder he called at the house in Cumberland Street and

made a last appeal to her, but in vain. He determined on revenge. During

his visit to Mrs. Dewar he had had an opportunity of seeing the axe and

observing the best way to break into the house. He watched the husband's

return, and decided to kill him as well as his wife on the chance of

obtaining his week's wages. With the help of the knife which he had

found in the backyard of a hotel he opened the window. The husband he

killed in his sleep, the woman waked with the first blow he struck her.

He found the jewellery in a drawer rolled up in a pair of stockings.

He afterwards hid it in a well-marked spot some half-hour before his

arrest.

A few years after its appearance in Society, this account of Butler was

reproduced in an Auckland newspaper. Bain, the detective, wrote a letter

questioning the truth of the writer's statements. He pointed out

that when Butler first came to Dunedin he had been at liberty only a

fortnight before serving his first term of imprisonment, very little

time in which to make the acquaintance of a woman and dispose of the

stolen jewellery. He asked why, if Butler had hidden the jewellery just

before his arrest, he had not also hidden the opera-glasses which he

had stolen from Mr. Stamper's house. Neither of these comments is very

convincing. A fortnight seems time enough in which a man of Butler's

character might get to know a woman and dispose of some jewellery;

while, if Butler were the murderer of Mr. Dewar as well as the burglar

who had broken into Stamper's house, it was part of his plan to

acknowledge himself guilty of the latter crime and use it to justify his

movements before and after the murder. Bain is more convincing when he

states at the conclusion of his letter that he had known Mrs. Dewar from

childhood as a "thoroughly good and true woman," who, as far as he knew,

had never in her life had any acquaintance with Butler.

At the same time, the account given by Butler's fellow-prisoner, in

which the conduct of the murdered woman is represented as constituting

the provocation for the subsequent crime, explains one peculiar

circumstance in connection with the tragedy, the selection of this

journeyman butcher and his wife as the victims of the murderer. It

explains the theory, urged so persistently by Butler in his speech to

the jury, that the crime was the work of an enemy of the Dewars, the

outcome of some hidden spite, or obscure quarrel; it explains the

apparent ferocity of the murder, and the improbability of a practical

thief selecting such an unprofitable couple as his prey. The rummaged

chest of drawers and the fact that some trifling articles of jewellery

were left untouched on the top of them, are consistent with an eager

search by the murderer for some particular object. Against this theory

of revenge is the fact that Butler was a malignant ruffian and liar in

any case, that, having realised very little in cash by the burglary at

Stamper's house, he would not be particular as to where he might get a

few shillings more, that he had threatened to do a tigerish deed, and

that it is characteristic of his vanity to try to impute to his crime a

higher motive than mere greed or necessity.

A Book of Remarkable Criminals · 第 7 / 21 段