THE CAIN MURDER CASE.

Dunstan Times, Issue 1296, 31 December 1886, Page 3

THE CAIN MURDER CASE.

APPLICATION FOR POSPONEMENT. Mr F. R Chapman applied to Mr Justice Williams in Chambers on Pri day tor an adjournment of the trial of Thomas Hall, who is to be indicted in Dunedin on the charge of murdering Captain Cain. Mr Haggitt appeared for the Crown, The affidavit of Thomas Henry Perry, solicitor, of Timarn, and counsel for Hall, stated inter alia: — That as at present advised it is my intention to adduce a large amount of evidence for the defence at the frial of the charge o' murder, and a considerable portion of thai evidence will be of such a nature as t > require a longer period to obtain than will intervene up to the sittings in Dunedin for the trial of erimina’ oases commencing on the fourth of January next. That the defence genera’iy will be of such ■i nature as to require a much longer time for its preparation than the last mentione-’ period, and 1 estimate the time that will henecessary to properly prepare it at) aboui six weeks. That the accused will be most-seriously prejudiced in resceet of his defence unless six weeks or about that time is allowed to him for the preparation of it, Mr F. R Chapman said that in terms of this affidavit he bad to apply for an adjournment of the trial for a; least six weeks. His Honor said he did not see how the court could make an order seeing that no bill had been found ; but there might be an understanding for the case to stand over. Mr Chapman quoted cases to show that the court had control over the case now. His Honor said the motion re a capital charge of arson, to which Mr Chapman referred, was moved in open court when the court for the disposal of those cases began to sit. Mr Chapman said the court here was always sitting and it was the same court as at Christchurch. The position was this; the magistrate had ordered a committal, which was un« necessary seeing that the man was held in custody. He had been committed to Christchurch and Mr Justice Johnston had so tar amended the order to Dunedin. That was sufficient to authorise tbe officers of the court to send the depositions down here, and the Crown officials to present the bill and produce their witnesses here. His Honor: Mr Justice Johnston, I suppose, has made an order for tho next sittings here because in the order tbe place and time have to be specie | fied. Mr Chapman said from what be could gather ftom the newspapers he had simply changed the place of trial. Mis Honor said lie should doubt in that case whether the order would be good. He had no doubt it must have been to the next sittings in Dunedin. Mr Chapman said the only effect of the order was to enable the authorities to present the bill here, and it altered tho duty of the witnesses under the recognisances and ob iged th-m to attend here instead of at Christchurch. Mr Haggitt said the bill coaid be presented here anyhow as long ns it was found by the grand jury. Ho should think the best way would be to come to some understanding that the bill should not lie presented ia January but tbe grand jury should 1-e asked to attend on a future day. Otherwise the country would be put to enormous expense "bringing 38 wit nesses down here twice. His Honor: That means that a special sitting be fixed lor the trial 1 Mr Haggitt: Hardly ; but the court shall be adjourned. Mr Chapman said that was what was done on the last occasion at the request of the Crown. It was found inconvenient to try the case the same week, and the grand jury was directed to attend again The bill was then presented, and one attendance of witnesses at Christchurch was found enough. Mr Haggitt; Yes; if they were asked to come back at the end of a week they could be at the end of a month. Mr Chapman said this was not an ordinary case and the court would, no doubt, do all it coaid to accede to the application. The affidavit was very strong as to the time required, and it was evident from what was known of the case that it was one needing a great deal of preparation. He need hardly point out that tbe stake was one of extraordinary magnitude to the principal party—a matter of life and death, possibly; and his solicitors in Tiiuaru and Cluistcburcb, who naturally felt great responsibility, were urgent in requesting that time be ob» taineds Mr Haggitt suggested whether there would bo a difficulty in having a special jury summoned before an indictment was found. His Honor: No. It is specified “ whether any indictment is found or not.” As to the time, I suppose some time in January ? Mr.Chapman said he should like to have asked for six weeks. He thought

the 24th January though, -would por« haps do. His Honor: Do yon object, Mr Haggitt to 24th January 1 Mir Haggitt asked whether there was not soma question about the right to try a case in vacation. His Hopor; I" do not think so. At any rate our sittings began on the 24th. After some further discussion His Honor said : I do not see that I can make ah order now; all I can say is, that there shall be an. understanding, not an order, that the case is to be taken on tho 24th January, and the grand jury can be a*ked to come back, say on the Friday previous to that, for the purpose of returning a bill. Mr Haggitt: The 24th or any other day agreed on ? His Honor : T do not know that; because I do not want the matter spun out. 1 think that time will be enough. M r Chapman said the case might be mentioned again. . ■’ His Honor: What is your difficulty, Mr Haggitt? ; Mr Haggitt: Ido not know,anything about the case yet your Honor ; I have not got a single document down. His Honor: I fancy tbe deposi tions are not so long as in the former oase ? Mr Chapman remarked that they were sworn to be over 70 sides of foolscap. Mr Haggitt said he had no doubt be should find timo to read 70 pages of foolscap between this and the 241h January. His Honor gathered that they wanted the trid to take place as soon as possible. Some witnesses he thought came from Victoria Mr Ghspman thought the Crown would not object. In Massey’s ca-e witnesses from Victoria were kept tor three or for months, it being found cheaper to keep them here than to let them go back. His Honor ; Then this is the uneerStanding ; When tho Court meets, I shall charge the gmnd jury in the other cases, and ask tliAn to come back at some future date to deal with this case and that future date will provisionally be tbe Friday preceding 24th January and the trial will begin on the 24th, That will be the provisional arrange-* ment. If it is desired to aßer that arrangement it shall be mentioned on the day the sittings begin. Of course if oither aide wish to apply for a special jury the sooner the application is made tho better.