THE CAIN CASE.

Ashburton Guardian, Volume V, Issue 1420, 30 November 1886, Page 2

THE CAIN CASE.

MONDAY’S EVIDENCE

The following are the salient features of the further evidence taken :

Mr Knnbley said the gross income of the estate was about £IOOO a year and the outgoing £3OO The income on the doth of the Captain would be divded between Mrs Hall and M's New on, subject to the trusts of »h« several deeds. The furniture at Woodlands at the time of Gain's death was wo'th £370 It belonged to the Captain that is the amount at which it was valued after his death. The Captain also left a section of land, wlrch *as valued at £l4O after his death hy his executors. On his death the land ano furniture went equally between Mesdames Hall and Newton. Frederick Le C'en deposed to Hall having a oonversvlon with him about the trust mo neys He asted me what had become of the moneys held in trust. Told him that Captain Cain had received all moneys. With the money he had kept the h use, and had given money to h s dauahter. and assisted Mrs >ewton. He replied that aomebo y would have to be responsible for it. Suggested to him that for his own sake, considering the feeling between him and O in, It was far better to let things go on as they were as long as the old man lived. He replied, so far as witness could remember, “ I don’t know altogether about that ; we will see, as you are liable ns well as Cain to the estate ” The feeling to which witness referred was that Cain never approved of his daughter’s msrriage in consequence mainly of e; quirles made by Hall into the nt»te ot the accounts- T ese en quisles wore made before Hall’s marriage. In N'-vember Hall came to witness and said he wished the trust given up. and suggested that as the trust deed had not bemi stamped i* would save expanse If witness agreed to its cancellation, W|tness declined. Captain Cain wished to remain on tho trust with witness. Hal! said he had a way out of the difficulty bv a friendly salt in the -upreme Oon t. which witness need not defend. Witness was agreeable to this course. Was afterwards served with the writ, (writ put in). Did not thick Cain was served as he w*s too ill. Saw c ft »n frequently during the last three months of his life He used to complain of sickness and general weakness Did not know if he ascribed his symptoms to any particular cause. Knew he was In the habit < f taking whisky witness's brother imported. Used' the same brand of whisky themselves; The same kind of wh'sky never made witness sick. The Captain oomplain-d to witness of his whisky making hlm*->ick. About November 27 h, 18S5, Hall and the Captain became on friendly terms so fr as witness could remember. It was after this time, in December, that Cain complained of being sick after taking his whisky and his meals. Had seen Hall at Cain’s house only once between November and the time of bis death.

To his Worship—l saw Captain Cain violently sick the Sunday before Chris* mas Day. He hid cosplained to me a week before that of sickness

Arthur Ormsby, Solicitor, prepared Mrs Hall’s will. Ifc left everything to Hall.

O. A. Wilson, recalled, Rave further evidence as to the sta*e of the accounts of the firm of Hall and Meason.

W. Montagu Situs, one of the liquidators appointed by the creditors, deposed that after allowing for all available assets he found a deficiency of £5756 The Court then adjourned nntll this day.

TO-DAYS PROCEEDINGS

Timaru, November 30

TheOaincase was resumed this morning.

Mr M. Milton, Mr E. H. Cameron and Mr B. Wooloombe gave evidence as to the forgery of their names on certain documents, and also to having invested monies with Hall and Meison.

Bridget Wren, servant to Captain CaH, repeated in substance the evidence given by her at the inquest as to the frequency of Hall’s visits to the ho ne and the Captain vomiting during his last illness. hhe said that Cain Used to be sick only after Innoh and never after breakfast.

Cross-examined by Mr Perry—Witness said that during Cain’s first illness, 18 months before he died, he was only in bed a few days. Whisky was kept in the sick room in a liquor stand, and anybody wanting it could g.3t it from there. Cain’s band was very much swollen during bis last illness Could not say if Hall always saw Ciin when he called, but he might have done so without witness knowing, Denis Wren gave corroborative evidence ns at the iuQiieat.

After lunch Wren was cross-examined at some length by Mr Ferry, but his evidence wa« not shaken. He was asked as to whether other people besides Qaptela

Gain had whisky oat of the decanter in the sick room He raid he had never *een any body take any. Ho bad himself, when nursing at night, bee. given whisk? in a special bottle. On the night befoe Captain Cain died he seemed to cheer up and spoke In a stron* voice. When other people besides Hail came to see Cain witness left the room, la re-ex>«minat<on witness said that when people came to see Cain on business he I ft the room at Captain Cam’s request. Captain Cain never told him to go when Hall was thorn