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BASSALEG MURDERER.

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BASSALEG MURDERER. FAILURE OF THE APPEAL. DATE OF THE EXECUTION. The e vide oca- in the Baesaleg double mur- der casu was. as already reported in the '"South Wales Daily Pest, reviewed by the Court. of Criminal Appeal, on Friday oil ar. appeal by the convict, William Butler, now lying under sentence of death at Usk Prison. The Court ij.eld that. there ha<d been no mis- direction on tho p;irt of Mr. Justice <jraiu- ham at the trial, and the appeal was dis- missed. c Ths Court of Criminad Appeal consist-•:» o. Justaces LawraE.cc, Phiilimore, said iiamii- ton. Butler's appeal was against his con- viction arid 3-intence of aeaUi, • d he al&> asked leave to cali further evidence. He appealed on questions of law and fact- The appellant as not present, but he applied to bo: present if the appeal were granted. J Mr. Sherwood represented the JprsSant, < ttnd Mr. Cranston and Mr. Mickiethwjuto the Crown. Mr >n<jwood said there wa3 so dovbt there was a aoublo murder accom- panied by robbery and the appellant had put forward several grounds of fact. Butler complained that certain witnesses were not cskea questions he thought they should have teen ^ked. He especially requested that Mrs. Docdy shomd be recalled and interro- gated respecting h:s thumb, which had been, cut, and had oeen bandaged up. The appel- lant, however, appealed to be under some mistake as to that, because questions on tins point were p'u, but the appellant, being an old man. pea-haps he did not hear what tran- lip .ea What Butler also wanted was that West and P.C B> vie should be recalled, and the constable questioned in order to discredit Mrs. West's evidence. Further, Butler de- fined to put que&titms to Mrs. Weet to the effect that she had ill-will against the appal- itsnt. Having considered the matter, how- ever, and exercising his right as an advocate Mr. Sner-wood s<wd he did not think he ought to occupy the time of the court by pieeting that point. Justice 1..1. wranec said he had re-ad the re- port of the trial, and so far as ho could see.. Air bhjrwood had dono his best for his Client in exercising his power as an advocate. Mr. Sherwood said there were, however, statements and arguments at the trial vtincJi formed ground for him saying there had oeen a miscarriage of justice. I There- were cartam matters at tha trial I which were calculated to prejudice Bntie?. Whan the appellant was first challenged at I the Newport Police Station as to sctams on his cap and muffler, he suggested they were paint, or might be pig's blood that had *piashed on to him when he was at the Wests' some days previously, ajid a pig was lemg fciBed. He also mentioned about his I cut, thumb. It turned out that he was ac ccrate so far rus the paini v. as concerned, but I the question of the pig was not clearod tip. The expert evidence at the trial did not m any wa.y connect the stains on the clothes- with the police challenge, and that wis not properly dealt with by the Judge. \lr. Justice PhiiMicore: It, was brought Oct by the Judge's own questions that the snail sio-ns were several days old. Mr. Sherwood dealt with the summing up ot the Jadge There was the point of a sum of money bamg in the possession of Butler tit day aft er the murder, or his "change of J circumstances, ss it was called. Mr. Justice Fhillimore: A considerable Mr. Justice Fhillimore: A considerable Bum of money for him. Mr. Justice Latr ranee Before this he had been borrowing money—in one instance a pixponofi. Mr. Sherwood submitted that expressions iised bv the J at' ge in summing irp were cal- culated +o have a wrong impression on the minds of the jury on the question of the onn& of proof. Butler's trip to Newport- and Cardiff was not 3 hurried one, but had been pre-arranged, and if anything hie movements were consistent with his client being inno- j cent of the murder. Counsel alro took ex j ception to the Judge's remarks on what ho termed the "bribery of witnesses by the ap- pellant," but that was an inference that should not have been drawn, and hi a Lord- eh;T>'s remarks wer^ likaly to mislead the -jory-. Mr. J ustice PhiEimore said the evidence •was that there were stains of brood on But- ler's clothes similar in size and shape to the splashes on the wail in tho Thomases' house. Mr. Sherwood said that might be. but it did not say that it was mammalian blood on the appellant's dctbes. Mr. Justice Lawranoe said the appeaJ ] eon IcI not be allowed. It wes unnecessary to call on the Crown. There had been no mis- direction by tha Judge at the trial, and he supposed it would be difficult to sum up a case of th'a kind without the summing-up bein^ criticised. The Judge had carefully considered every important point. The ap- peal must be dismissed. ARRANGEMENTS FOR THE EX ECUT 0 IN. The date of the execution has not yet been ttcnnitely fixed, but arrangements will prob- ably be made early next week, when the High Sheriff 'Mr. Steer, Malpas) and the Under Sheriff (Mr. J. Moxon, Newport) will have been able to consult with the gaol au- thorities. The sentence cannot be carried put until 14 days after the date of the dis- jaassal of the appeal.

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