THE GAIN CASE.

Ashburton Guardian, Volume V, Issue 1464, 24 January 1887, Page 3

THE GAIN CASE.

■» DUNBDIN January 24. The tclol of Thomas Hall for murder, commenced at the Supreme Court to-day Chief Justice W»y, of South Australia, vat aocoraodated with a seat on the Benoh. The approaches to the Quart were crowded with persons anzloan to obtain a glimpse of the prisoner, bat, owing to tbe Jiraied accommodation, vety few gained admittanoe to the room. Ten of the Sp olal Jarora applied to be exoused ; seven were let off Mr Hagfjtt, assisted by Mr White, of Tlmarn, prosecuted. Meurs Chapman and DennJston, in•truotad by Mr P>rry, of Timaru, deiended. The Orown and prisoner each challenged three jarymen. Mr flaggitt, m rpening said it woild be proved Captain f'ala was poisoned and the evidence would point to Hall having frequent opportut. ies to ncTminister poison, and that it w: uld be advantageous to him to remove Cain. It w. :V. be abown that he v mid gain by Oaln'a death, tbat he had * motive for it, that he hod m hie possession msans for causing Gain's death by poison, that various kinds of poison wera found m his possession, that he had •m pie opportunities of ad«»iaiatering poison, that for a month prior do tois death Cain's stomach must have baen the receptacle of irritant poisons given m large quantities and at diffirtnt limes, •nd lastly the prosecution wo aid endeavor to fhow that the eftvots were Bimilar m this obbb to another case of attempted po/sonlng. Mr Chapman objected to this openleg, laying ha woold at the proper atago entend evidence of this was not admissible. fiia Honor thought It undesirable to mention it. Mr Haggltt urged he if as quite jus'i Bed m bo doing. The Judge said there was no need to discuss the point n w. He was satisfied bis ruling was correct. After detailing tbe evidence at considerable length, Mr Haggitt said there were three questions tho jury had to determine Tho fi ret wns wheher antimony was founi m Cain's body. —If not there wu an cod of tbe c»bo. The second wain : Did the admitlitration of antimony accelerate Cain's death ? 3 : Did tbe prisoner adminfater It I', was only with regard to tbe third question tho juty could have any doubt. They bad heard » motive suggested why the prisoner should with Oain'd death, tbey had heard iha jsymptoms of Cain's last illness, and had beard the resuts of anftnalyßin of Cato'a remains, The knowledge of the importaDCQ of the iesue to the prisoner on the one hand and to society on the other should be sufficient to cause the jury to give a most careful attention, to the evidence. He (Haggiti) therefore jneed not ask that of their hands. Tbe duty of the jury was simply thin : If, after iiearlog the evidence, they were satisfied tbeyond reasonable doubt that tbe prisoner onlj, cou'd have administered the noxious drugs whioh caused Gain's •death they must find him gniity. If, on the other hand, they had reasonable doubt that he administered such noxious drags the prisoner «as entitled to the benefit of that doubt. He (Haggitt) would have another opportunity of addressing the jury on the points held over lor argument . The witnesses examined were — Sted» man, Wilson, Cameron, Mitton, Woollcombe, Ftaier, Sims, Knubloy, Ormsby, and Davidson, Half these wens not oross«xamined. The trial is expected to last four days. The evidence led so far goes to ahow motive.