Butler showed himself not averse to speaking of the murder in Cumberland

Street to at least one of those, with whom he came in contact in his

later years. After he had left New Zealand and returned to Australia,

he was walking in a street in Melbourne with a friend when they passed

a lady dressed in black, carrying a baby in her arms. The baby looked

at the two men and laughed. Butler frowned and walked rapidly away. His

companion chaffed him, and asked whether it was the widow or the baby

that he was afraid of. Butler was silent, but after a time asked his

companion to come into some gardens and sit down on one of the seats, as

he had something serious to say to him. For a while Butler sat silent.

Then he asked the other if he had ever been in Dunedin. "Yes," was the

reply. "Look here," said Butler, "you are the only man I ever made any

kind of confidant of. You are a good scholar, though I could teach you

a lot." After this gracious compliment he went on: "I was once tried in

Dunedin on the charge of killing a man, woman and child, and although

innocent, the crime was nearly brought home to me. It was my own ability

that pulled me through. Had I employed a professional advocate, I should

not have been here to-day talking to you." After describing the murder,

Butler said: "Trying to fire the house was unnecessary, and killing

the baby was unnecessary and cruel. I respect no man's life, for no man

respects mine. A lot of men I have never injured have tried to put a

rope round my neck more than once. I hate society in general, and one

or two individuals in particular. The man who did that murder in Dunedin

has, if anything, my sympathy, but it seems to me he need not have

killed that child." His companion was about to speak. Butler stopped

him. "Now, don't ever ask me such a silly question as that," he said.

"What?" asked his friend. "You were about to ask me if I did that deed,"

replied Butler, "and you know perfectly well that, guilty or innocent,

that question would only be answered in one way." "I was about to ask

nothing of the kind," said the other, "for you have already told me that

you were innocent." "Good!" said Butler, "then let that be the end of

the subject, and never refer to it again, except, perhaps, in your own

mind, when you can, if you like, remember that I said the killing of the

child was unnecessary and cruel."

Having developed to the jury his theory of why the crime was committed,

Butler told them that, as far as he was concerned, there were four

points against him on which the Crown relied to prove his guilt.

Firstly, there was the fact of his being in the neighbourhood of the

crime on the Sunday morning; that, he said, applied to scores of other

people besides himself. Then there was his alleged disturbed appearance

and guilty demeanour. The evidence of that was, he contended, doubtful

in any case, and referable to another cause; as also his leaving Dunedin

in the way and at the time he did. He scouted the idea that murderers

are compelled by some invisible force to betray their guilt. "The doings

of men," he urged, "and their success are regulated by the amount

of judgment that they possess, and, without impugning or denying the

existence of Providence, I say this is a law that holds good in all

cases, whether for evil or good. Murderers, if they have the sense and

ability and discretion to cover up their crime, will escape, do escape,

and have escaped. Many people, when they have gravely shaken their heads

and said 'Murder will out,' consider they have done a great deal and

gone a long way towards settling the question. Well, this, like many

other stock formulas of Old World wisdom, is not true. How many murders

are there that the world has never heard of, and never will? How many a

murdered man, for instance, lies among the gum-trees of Victoria, or

in the old abandoned mining-shafts on the diggings, who is missed by

nobody, perhaps, but a pining wife at home, or helpless children, or

an old mother? But who were their murderers? Where are they? God knows,

perhaps, but nobody else, and nobody ever will." The fact, he said, that

he was alleged to have walked up Cumberland Street on the Sunday morning

and looked in the direction of the Dewars' house was, unless the causes

of superstition and a vague and incomplete reasoning were to be accepted

as proof, evidence rather of his innocence than his guilt. He had

removed the soles of his boots, he said, in order to ease his feet in

walking; the outer soles had become worn and ragged, and in lumps under

his feet. He denied that he had told Bain, the detective, that he would

break out as a desperate tiger let loose on the community; what he had

said was that he was tired of living the life of a prairie dog or a

tiger in the jungle.

Butler was more successful when he came to deal with the bloodstains on

his clothes. These, he said, were caused by the blood from the scratches

on his hands, which had been observed at the time of his arrest. The

doctors had rejected this theory, and said that the spots of blood

had been impelled from the axe or from the heads of the victims as the

murderer struck the fatal blow. Butler put on the clothes in court, and

was successful in showing that the position and appearance of certain

of the blood spots was not compatible with such a theory. "I think,"

he said, "I am fairly warranted in saying that the evidence of these

gentlemen is, not to put too fine a point on it, worth just nothing at

all."

Butler's concluding words to the jury were brief but emphatic: "I stand

in a terrible position. So do you. See that in your way of disposing of

me you deliver yourselves of your responsibilities."

In the exercise of his forbearance towards an undefended prisoner, Mr.

Haggitt did not address the jury for the Crown. At four o'clock the

judge commenced his summing-up. Mr. Justice Williams impressed on

the jury that they must be satisfied, before they could convict the

prisoner, that the circumstances of the crime and the prisoner's conduct

were inconsistent with any other reasonable hypothesis than his guilt.

There was little or no evidence that robbery was the motive of the

crime. The circumstance of the prisoner being out all Saturday night and

in the neighbourhood of the crime on Sunday morning only amounted to

the fact that he had an opportunity shared by a great number of other

persons of committing the murder. The evidence of his agitation and

demeanour at the time of his arrest must be accepted with caution. The

evidence of the blood spots was of crucial importance; there was nothing

save this to connect him directly with the crime. The jury must be

satisfied that the blood on the clothes corresponded with the blood

marks which, in all probability, would be found on the person who

committed the murder. In regard to the medical testimony some caution

must be exercised. Where medical gentlemen had made observations, seen

with their own eyes, the direct inference might be highly trustworthy,

but, when they proceeded to draw further inferences, they might be in

danger of looking at facts through the spectacles of theory; "we know

that people do that in other things besides science--politics, religion,

and so forth." Taking the Crown evidence, at its strongest, there was

a missing link; did the evidence of the bloodstains supply it? These

bloodstains were almost invisible. Could a person be reasonably asked to

explain how they came where they did? Could they be accounted for in no

other reasonable way than that the clothes had been worn by the murderer

of the Dewars?

In spite of a summing-up distinctly favourable to the prisoner, the jury

were out three hours. According to one account of their proceedings,

told to the writer, there was at first a majority of the jurymen in

favour of conviction. But it was Saturday night; if they could not come

to a decision they were in danger of being locked up over Sunday. For

this reason the gentleman who held an obstinate and unshaken belief that

the crime was the work of a homicidal maniac found an unexpected ally in

a prominent member of a church choir who was down to sing a solo in his

church on Sunday, and was anxious not to lose such an opportunity for

distinction. Whatever the cause, after three hours' deliberation the

jury returned a verdict of "Not Guilty." Later in the Session Butler

pleaded guilty to the burglary at Mr. Stamper's house, and was sentenced

to eighteen years' imprisonment. The severity of this sentence was not,

the judge said, intended to mark the strong suspicion under which Butler

laboured of being a murderer as well as a burglar.

The ends of justice had been served by Butler's acquittal. But in the

light of after events, it is perhaps unfortunate that the jury did not

stretch a point and so save the life of Mr. Munday of Toowong. Butler

underwent his term of imprisonment in Littleton Jail. There his

reputation was most unenviable. He is described by a fellow prisoner as

ill-tempered, malicious, destructive, but cowardly and treacherous. He

seems to have done little or no work; he looked after the choir and the

library, but was not above breaking up the one and smashing the other,

if the fit seized him.

III

HIS DECLINE AND FALL

In 1896 Butler was released from prison. The news of his release was

described as falling like a bombshell among the peaceful inhabitants

of Dunedin. In the colony of Victoria, where Butler had commenced his

career, it was received with an apprehension that was justified by

subsequent events. It was believed that on his release the New Zealand

authorities had shipped Butler off to Rio. But it was not long before he

made his way once more to Australia. From the moment of his arrival

in Melbourne he was shadowed by the police. One or two mysterious

occurrences soon led to his arrest. On June 5 he was sentenced to twelve

months' imprisonment under the Criminal Influx Act, which makes it a

penal offence for any convict to enter Victoria for three years

after his release from prison. Not content with this, the authorities

determined to put Butler on trial on two charges of burglary and one of

highway robbery, committed since his return to the colony. To one charge

of burglary, that of breaking into a hairdresser's shop and stealing a

wig, some razors and a little money, Butler pleaded guilty.

But the charge of highway robbery, which bore a singular resemblance

to the final catastrophe in Queensland, he resisted to the utmost, and

showed that his experience in the Supreme Court at Dunedin had not been

lost on him. At half-past six one evening in a suburb of Melbourne an

elderly gentleman found himself confronted by a bearded man, wearing a

long overcoat and a boxer hat and flourishing a revolver, who told him

abruptly to "turn out his pockets." The old man did ashe was told. The

robber then asked for his watch and chain, saying "Business must

be done." The old gentleman mildly urged that this was a dangerous

business. On being assured that the watch was a gold one, the robber

appeared willing to risk the danger, and departed thoroughly satisfied.

The old gentleman afterwards identified Butler as the man who had taken

his watch. Another elderly man swore that he had seen Butler at the time

of the robbery in the possession of a fine gold watch, which he said had

been sent him from home. But the watch had not been found in Butler's

possession.

On June 18 Butler was put on his trial in the Melbourne Criminal

Court before Mr. Justice Holroyd, charged with robbery under arms. His

appearance in the dock aroused very considerable interest. "It was the

general verdict," wrote one newspaper, "that his intellectual head and

forehead compared not unfavourably with those of the judge." He

was decently dressed and wore pince-nez, which he used in the best

professional manner as he referred to the various documents that lay in

front of him. He went into the witness-box and stated that the evening

of the crime he had spent according to his custom in the Public Library.

For an hour and a half he addressed the jury. He disputed the

possibility of his identification by his alleged victim. He was "an old

gentleman of sedentary pursuits and not cast in the heroic mould." Such

a man would be naturally alarmed and confused at meeting suddenly an

armed robber. Now, under these circumstances, could his recognition of

a man whose face was hidden by a beard, his head by a boxer hat, and his

body by a long overcoat, be considered trustworthy? And such recognition

occurring in the course of a chance encounter in the darkness, that

fruitful mother of error? The elderly gentleman had described his

moustache as a slight one, but the jury could see that it was full and

overhanging. He complained that he had been put up for identification

singly, not with other men, according to the usual custom; the police

had said to the prosecutor: "We have here a man that we think robbed

you, and, if he is not the man, we shall be disappointed," to which

the prosecutor had replied: "Yes, and if he is not the man, I shall be

disappointed too." For the elderly person who had stated that he had

seen a gold watch in Butler's possession the latter had nothing but

scorn. He was a "lean and slippered pantaloon in Shakespeare's last

stage"; and he, Butler, would have been a lunatic to have confided in

such a man.

The jury acquitted Butler, adding as a rider to their verdict that there

was not sufficient evidence of identification. The third charge against

Butler was not proceeded with. He was put up to receive sentence for the

burglary at the hairdresser's shop. Butler handed to the judge a written

statement which Mr. Justice Holroyd described as a narrative that

might have been taken from those sensational newspapers written for

nursery-maids, and from which, he said, he could not find that Butler

had ever done one good thing in the whole course of his life. Of that

life of fifty years Butler had spent thirty-five in prison. The judge

expressed his regret that a man of Butler's knowledge, information,

vanity, and utter recklessness of what evil will do, could not be put

away somewhere for the rest of his life, and sentenced him to fifteen

years' imprisonment with hard labour. "An iniquitous and brutal

sentence!" exclaimed the prisoner. After a brief altercation with the

judge, who said that he could hardly express the scorn he felt for such

a man, Butler was removed. The judge subsequently reduced the sentence

to one of ten years. Chance or destiny would seem implacable in their

pursuit of Mr. William Munday of Toowong.

Butler after his trial admitted that it was he who had robbed the old

gentleman of his watch, and described to the police the house in which

it was hidden. When the police went there to search they found that the

house had been pulled down, but among the debris they discovered a brown

paper parcel containing the old gentleman's gold watch and chain, a

five-chambered revolver, a keen-edged butcher's knife, and a mask.

Butler served his term of imprisonment in Victoria, "an unmitigated

nuisance" to his custodians. On his release in 1904, he made, as in

Dunedin, an attempt to earn a living by his pen. He contributed some

articles to a Melbourne evening paper on the inconveniences of prison

discipline, but he was quite unfitted for any sustained effort as a

journalist. According to his own account, with the little money he had

left he made his way to Sydney, thence to Brisbane. He was half-starved,

bewildered, despairing; in his own words, "if a psychological camera

could have been turned on me it would have shown me like a bird

fascinated by a serpent, fascinated and bewildered by the fate in front,

behind, and around me." Months of suffering and privation passed, months

of tramping hundreds of miles with occasional breakdowns, months of

hunger and sickness; "my actions had become those of a fool; my mind and

will had become a remnant guided or misguided by unreasoning impulse."

It was under the influence of such an impulse that on March 23 Butler

had met and shot Mr. Munday at Toowong. On May 24 he was arraigned at

Brisbane before the Supreme Court of Queensland. But the Butler who

stood in the dock of the Brisbane Criminal Court was very different

from the Butler who had successfully defended himself at Dunedin and

Melbourne. The spirit had gone out of him; it was rather as a suppliant,

represented by counsel, that he faced the charge of murder. His attitude

was one of humble and appropriate penitence. In a weak and nervous voice

he told the story of his hardships since his release from his Victorian

prison; he would only urge that the shooting of Mr. Munday was

accidental, caused by Munday picking up a stone and attacking him. When

about to be sentenced to death he expressed great sorrow and contrition

for his crime, for the poor wife and children of his unfortunate victim.

His life, he said, was a poor thing, but he would gladly give it fifty

times over.

The sentence of death was confirmed by the Executive on June 30. To

a Freethought advocate who visited him shortly before his execution,

Butler wrote a final confession of faith: "I shall have to find my way

across the harbour bar without the aid of any pilot. In these matters

I have for many years carried an exempt flag, and, as it has not been

carried through caprice or ignorance, I am compelled to carry it to the

last. There is an impassable bar of what I honestly believe to be the

inexorable logic of philosophy and facts, history and experience of the

nature of the world, the human race and myself, between me and the

views of the communion of any religious organisation. So instead of the

'depart Christian soul' of the priest, I only hope for the comfort and

satisfaction of the last friendly good-bye of any who cares to give it."

From this positive affirmation of unbelief Butler wilted somewhat at the

approach of death. The day before his execution he spent half an hour

playing hymns on the church organ in the prison; and on the scaffold,

where his agitation rendered him almost speechless, he expressed his

sorrow for what he had done, and the hope that, if there were a heaven,

mercy would be shown him.

M. Derues

The last word on Derues has been said by M. Georges Claretie in his

excellent monograph, "Derues L'Empoisonneur," Paris. 1907. There is a

full account of the case in Vol. V. of Fouquier, "Causes Celebres."

I

THE CLIMBING LITTLE GROCER

M. Etienne Saint-Faust de Lamotte, a provincial nobleman of ancient

lineage and moderate health, ex-equerry to the King, desired in

the year 1774 to dispose of a property in the country, the estate of

Buisson-Souef near Villeneuve-le-Roi, which he had purchased some ten

years before out of money acquired by a prudent marriage.

With an eye to the main chance M. de Lamotte had in 1760 ran away with

the daughter of a wealthy citizen of Rheims, who was then staying with

her sister in Paris. They lived together in the country for some time,

and a son was born to them, whom the father legitimised by subsequently

marrying the mother. For a few years M. and Mme. de Lamotte dwelt

happily together at Buisson-Souef. But as their boy grew up they became

anxious to leave the country and return to Paris, where M. de Lamotte

hoped to be able to obtain for his son some position about the Court of

Louis XVI. And so it was that in May, 1775, M. de Lamotte gave a

power of attorney to his wife in order that she might go to Paris

and negotiate for the sale of Buisson-Souef. The legal side of the

transaction was placed in the hands of one Jolly, a proctor at the

Chatelet in Paris.

Now the proctor Jolly had a client with a great desire to acquire a

place in the country, M. Derues de Cyrano de Bury, lord of Candeville,

Herchies, and other places. Here was the very man to comply with

the requirements of the de Lamottes, and such a pleasing, ready,

accommodating gentleman into the bargain! Very delicate to all

appearances, strangely pale, slight, fragile in build, with his

beardless chin and feminine cast of feature, there was something

cat-like in the soft insinuating smile of this seemingly most amiable,

candid and pious of men. Always cheerful and optimistic, it was quite

a pleasure to do business with M. Derues de Cyrano de Bury. The

de Lamottes after one or two interviews were delighted with their

prospective purchaser. Everything was speedily settled. M. Derues and

his wife, a lady belonging to the distinguished family of Nicolai,

visited Buisson-Souef. They were enchanted with what they saw, and their

hosts were hardly less enchanted with their visitors. By the end of

December, 1775, the purchase was concluded. M. Derues was to give

130,000 livres (about L20,000) for the estate, the payments to be made

by instalments, the first of 12,000 livres to be paid on the actual

signing of the contract of sale, which, it was agreed, was to be

concluded not later than the first of June, 1776. In the meantime, as an

earnest of good faith, M. Derues gave Mme. de Lamotte a bill for 4,200

livres to fall due on April 1, 1776.

What could be more satisfactory? That M. Derues was a substantial person

there could be no doubt. Through his wife he was entitled to a sum of

250,000 livres as her share of the property of a wealthy kinsman, one

Despeignes-Duplessis, a country gentleman, who some four years before

had been found murdered in his house under mysterious circumstances.

The liquidation of the Duplessis inheritance, as soon as the law's delay

could be overcome, would place the Derues in a position of affluence

fitting a Cyrano de Bury and a Nicolai.

At this time M. Derues was in reality far from affluent. In point of

fact he was insolvent. Nor was his lineage, nor that of his wife, in any

way distinguished. He had no right to call himself de Cyrano de Bury or

Lord of Candeville. His wife's name was Nicolais, not Nicolai--a very

important difference from the genealogical point of view. The Duplessis

inheritance, though certainly existent, would seem to have had little

more chance of realisation than the mythical Crawford millions of Madame

Humbert. And yet, crippled with debt, without a penny in the world,

this daring grocer of the Rue Beaubourg, for such was M. Derues'

present condition in life, could cheerfully and confidently engage in

a transaction as considerable as the purchase of a large estate for

130,000 livres! The origin of so enterprising a gentleman is worthy of

attention.

Antoine Francois Derues was born at Chartres in 1744; his father was a

corn merchant. His parents died when he was three years old. For some

time after his birth he was assumed to be a girl; it was not until

he was twelve years old that an operation determined his sex to be

masculine. Apprenticed by his relatives to a grocer, Derues succeeded

so well in the business that he was able in 1770 to set up on his

own account in Paris, and in 1772 he married. Among the grocer's

many friends and acquaintances this marriage created something of a

sensation, for Derues let it be known that the lady of his choice was of

noble birth and an heiress. The first statement was untrue. The lady

was one Marie Louise Nicolais, daughter of a non-commissioned artillery

officer, turned coachbuilder. But by suppressing the S at the end of her

name, which Derues was careful also to erase in his marriage contract,

the ambitious grocer was able to describe his wife as connected with

the noble house of Nicolai, one of the most distinguished of the great

French families.

There was more truth in the statement that Mme. Derues was an heiress. A

kinsman of her mother, Beraud by name, had become the heir to a certain

Marquis Desprez. Beraud was the son of a small merchant. His mother

had married a second time, the husband being the Marquis Desprez, and

through her Beraud had inherited the Marquis' property. According to the

custom of the time, Beraud, on coming into his inheritance, took a

title from one of his estates and called himself thenceforth the lord of

Despeignes-Duplessis. A rude, solitary, brutal man, devoted to sport,

he lived alone in his castle of Candeville, hated by his neighbours, a

terror to poachers. One day he was found lying dead in his bedroom; he

had been shot in the chest; the assassin had escaped through an open

window.

A Book of Remarkable Criminals · 第 8 / 21 段