Walter Butler (c.1807-1870)- the life of a 'currency' lad born in the colony of NSW: Walter Butler-Ch. 10: Witness in a murder case

The book “Port of Many Prows” relates the following story involving Walter Butler:[1]

Stony Creek was the scene of one of the earliest murders in the Williamstown district. Walter Butler discovered the body of Mathew Lucke lying in a hollow beside this watercourse in 1848. Lucke was a Pentonville exile sent out in the ship ‘Marion’. His mate, Augustus Dauncey, also an exile, travelled with him and carried in his pocket a razor-sharp penknife with which he murdered Lucke by slitting his throat. Dauncey was tried without a counsel before Judge a’Becket, and the jury took only five minutes to find him guilty. When sentenced to death, Dauncey said, ‘I am innocent! You Judge and Jury, may destroy my body, but neither of you can lay a touch on my soul. I shall meet those who have given false evidence against me in another place, and on another day, where, thank God, I shall see them punished’.

Dauncey was the only known Australian criminal to fatten in the condemned cell, and ate his last breakfast of three cuts of beefsteak on 1 August 1848. Dauncey’s public execution was attended by thousands, including babies-in-arms. A legend that Stoney Creek was haunted by the ghosts of Lucke and Dauncey arose at Williamstown. The large flat stone upon which Lucke’s corpse was discovered remained visible until 1963. The watercourse for a period after the incident was known, even on official charts, as Murderer’s Creek.”

The Inquest and Criminal Court case for the murder of Luck was reported in the “Argus” Melbourne. Walter was called to give evidence at both Courts:

Melbourne Argus, Tues 25 April 1848 p2- The Late Murder

Our last issue contained a hurried notice of the discovery of a murder on the Williams Town Road, at the Stoney Creek, near the Salt Water River. The body, as we then stated, was recognised as the body of Matthew Luck, a young Pentonvillain, who arrived in the province by the Marion, and the supposed murderer who was arrested immediately in Stanway’s lodging house in Flinder’s lane is a ship mate of the deceased.

The Inquest

A Coroner’s Inquest was held on the remains of the deceased at the Salt Water _- Punt Inn on Friday last, before W. Wilmot Esq, Coroner for the District and the following jury etc.

Walter Butler, publican in William’s Town, swore- On returning home from Melbourne, about half past 5 o’clock on the afternoon of the 20^th April instant, I found the body of deceased lying on its back, apparently with its throat cut, at a part of the William’s Town Road, called the Stoney Creek; the body was lying within a distance of 10 yards from the main road; I immediately dismounted from my gig, which I was driving at the time, and went towards the body, in company with my companion at the time viz. Mr Sutton, of Williams Town, one of the pilots; I __ examined the ground around, and saw a large accumulation of coagulated blood attached to the neck on its left side, and lying on the ground; the head of the body was turned very much round upon the left shoulder; the left arm was extended and the right hand was lying upon the right hip; there was no blood upon the hands of deceased, or upon either arm; there were a few spots of blood upon the face; the eyes were open, and blood and froth seemed to ooze from the right side of the cut upon the throat; there was no hat, cap or instrument of any kind near the body, nor had the ground about it any appearance as though a struggle had taken place; we searched about ten yards around in every direction about the body, but could see no appearance of blood on the ground; after a careful examination of the ground, we proceeded towards Williams Town; on the way, about a quarter of a mile from the spot where the body was lying, I met with Mr George Ferris coming from Williams Town and proceeding towards Melbourne; I asked the said Mr Ferris whether he had met with anyone on the road, and he said that he had met with two lads coming from Williams Town between 2 and 3 o’clock in the afternoon, and that he could recognise either of them believing them to be exiles; I then returned with Mr Ferris to the spot, and he readily identified the body as being that of one of the two lads before-mentioned; on my arrival home I gave the information to the constables at Williams Town.

Mr Ferris then questioned…. I met Mr Butler and another gentleman in a gig on the road about a quarter of a mile from the Stoney Creek, where deceased was lying; etc.

The jury returned a verdict of wilful murder against Augustus Dauncey.

Committed for trial.

Melbourne Argus, Tues 20 June 1848

Murder

Augustus Dawney was indicted for having on the 2oth April last, at Stoney Creek, on the William’s Town road, murdered one Matthew Luck, by inflicting a mortal wound on his throat with a knife, of which the said Luck instantly died. A second count charged the death as caused by throwing a stone which inflicted a mortal wound on the deceased’s temple; and a third count charged the death as caused by throwing a stone which struck the deceased on the temple, together with cutting the throat of deceased with a knife or other sharp instrument.

After the information had been read, the prisoner informed the court that he had been unable to procure the means of retaining counsel, and applied to the court to have counsel assigned him.

His Honor said he had no power to grant the prisoner’s application, his trial had been postponed since last sessions in order to give him an opportunity of procuring professional assistance in conducting his defence, as he had then stated that it was likely he could do so through the assistance of some of his friends, but as he had not succeeded in his application, the trial must now proceed. All that the court could do in such circumstances was, if any member of the bar was present when such an application was made, to request such member of the bar to undertake the defence, but the court had no power to compel professional gentlemen to do so. The prisoner said such being the case he would leave his defence entirely in the hands of his Honor, and the jury, as he knew none of them he had no objection to any of them.

The prisoner then pleaded not guilty of the offence charged, and the jury already named were individually sworn to try the issue between the prisoner and his country.

The Crown Prosecutor, of which only isolated sentences, words and syllables could be heard in the reporter’s box, gave an outline of the case, during which the prisoner interrupted him, saying that he had not seen Thomas Smith on Thursday night, as the Crown Prosecutor had asserted, and therefore as he could not come there to swear to such a conversation as had just been mentioned he hoped the court would not permit any such statements to be made.

The Crown Prosecutor stated that Smith was in attendance, and would swear to the words of the prisoner as he, the Crown Prosecutor had asserted, and also that the words were uttered on the night of Thursday the 20^th April.

The Court considered that the Crown Prosecutor was quite within the limits allowed him, in stating to the jury what would be given in evidence against the prisoner.

After the Crown Prosecutor had finished his speech, he called the following witnesses.

Peter Boyer, a shipmate of prisoner and deceased, knew them both; they all three were intimate- the three of them had some conversation at the Edinburgh Castle public house, Flinders Lane.

James Hughes a shoemaker in Little Collins street, also proved the intimacy of prisoner and deceased- he saw them in company on the evening of the 19^th April.

(Various other witnesses confirmed they were together.)

They said they were going to Williams Town and asked the way; after they had crossed they went into the public house and witness saw them both drinking either beer or ale, after which witness saw them set out on the road to William’s Town; he was quite certain the prisoner and deceased were the two persons he ferried across between 9 and 10 o’clock on the forenoon of the day on which the murder was committed; saw the prisoner come back again between 4 and 5 in the afternoon; there was no person with him; witness asked the prisoner where he had left his mate, and he replied that he had left him behind in Williams Town; the prisoner then wore the same dress as he had on when he crossed in the early part of the day when they passed.

The prisoner cross-examined the witness at length, but nothing material was elicited.

John Williams a boatman residing at Williams Town deposed that he saw prisoner and deceased in company at a quarter to 2 o’clock pm in the taproom of Butler’s public house, having some refreshment and the deceased spoke to him; he afterwards saw deceased dead at the punt; (later) the prisoner and deceased then went down to the beach- stood for a minute or two looking at the shipping; they all three came out of the taproom together, and he saw both of them leave the beach in company, and take the road towards the punt, and he saw them still proceeding in the same direction going pretty quickly at the time…

Walter Butler, publican, of Williams Town, proved the discovery of the body within about ten yards of the road-side, and about two miles from the punt, and three and a half from Williams Town; it was lying on a raised part of the earth, and on its left side; there was no blood on the hands and wrists; the throat was cut, and a great deal of blood was under it; there was also a wound on the temple; both wounds appeared to be quite fresh.

Mr Sutton, pilot, corroborated Mr Butler’s evidence and also stated that when Mr Ferris joined them he stated his opinion that deceased was one of two persons he had met on his way to Williams Town.

Mr H. W. Campbell, surgeon, who had given evidence at the inquest as to the cause of death, deposed that the windpipe had been severed by some sharp- instrument, and the injury was such as must have caused instant death; also a contused wound on one of the temples; from the appearance of, and position in which the body was found, he did not think the deceased could have done it himself; the cut on the throat was not a clean cut- but somewhat jagged.

(Then described the arrest of Dauncey)

(Found Guilty Sentence to be hanged)

Williamstown in 1863

(Victorian State Library)

A far more gruesome and sensational account of the unfortunate boy's death:

The Launceston Examiner Sat 6 May 1848 p6:

HORRIBLE MURDER NEAR WILLIAMSTOWN-

Considerable excitement was caused in town at the late hour on Thursday evening, by the intelligence that a brutal murder had been committed, between the Salt Water Punt and Williamstown. The following are all the particulars of the bloody deed as yet discovered. About a quarter past five o’clock on Thursday evening, Mr Walter Butler of Williamstown was returning from Melbourne, and in a hollow, tow miles from the Salt Water Punt, and four from Williamstwon, at the Stoney Creek, he discovered the dead body of a boy, lying near a scrub, with the head literally cut off. Upon searching the deceased, a letter was found in one of his pockets, purporting to be written by his brother in Launceston, enclosing a ₤2 note, and requesting him to lose no timein going to him in the Swan or Rgren(?) by which vessels he had secured his passage. From this circumstance it transpired that the deceased was an “exile” who arrived in the Marion, his name Matthew Locke, and it was ascertained from the puntman, that he and another person had passed on their way to Williamstown, at an early hour that morning on arriving in town. Mr Brodie accompanied by Mr Sugden, instituted inquiries, and after much trouble learned from another Marion boy, that on the previous evening the deceased and a shipmate named Augustus Dauncey were together: that he had contracted a warm friendship with Dauncey- and upon its being mentioned that he was killed, the boy exclaimed_ “Oh they must have murdered him for his little bit of money.” It was subsequently ascertained that Lucke had been discharged from his employment on Wednesday, and received a ₤1 note from his master. The chief constable then endeavoured to find out Dauncey, and at length succeeded in tracing him to Mr Stanway’s lodging-house, in Flinders-lane. He was in bed, and Mr Brodie approaching., shook him our of his sleep, when he sat up, and Mr Sugden immediately noticed one or two spots of blood on his shirt. Mr Brodie then said “Matthew Lucke has been found with his throat cut” but the other exhibited the greatest unconcern, simple saying- “I didn’t see him today- I can prove I was in Melbourne at two o’clock.” He was soon after taken into custody- on the following day at two o’clock, an inquest was held on the body, and the prisoner was marched to the Salt Walter River, and brought in the presence of the jury, before the corpse, which presented a shocking appearance. Being narrowly watched, he betrayed no symptoms of surprise, the muscles of the mouth showed a slight twitch, he gave one look at the dead and no more, preserving an indifferent silence. After the examination of several witnesses, a verdict of “Wilful Murder” was returned against him.

contact butler1802 @hotmail.com (no spaces)

Link back to Introduction chapter:http://butlerfamilyhistoryaus.blogspot.com.au/2012/08/walter-butler-introduction.html

[1] Wilson P. Evans, Port of Many Prows (Chapters 6 & 8)- published to commemorate the history of Williamstown -The Hawthorne Press 1969, Chapter 6, pp 53-54

Wednesday, 22 August 2012

Walter Butler-Ch. 10: Witness in a murder case

The Launceston Examiner Sat 6 May 1848 p6:

HORRIBLE MURDER NEAR WILLIAMSTOWN-