YESTERDAY'S PROCEEDINGS DESCRIBED.

Te Aroha News, Volume IV, Issue 175, 23 October 1886, Page 5 (Supplement)

YESTERDAY'S PROCEEDINGS DESCRIBED.

Yesterday was chiefly devoted to the taking of the testimony of the police witnesses, but the evidence given was almost a repetition of that elicited at the Magisterial inquiry. Policemen, aa a rule, show a tendency to over zeal in giving evidence, and «9 a result very often fail to satisfactorily stand the test of cross-examination. Those called yesterday, however, gave the notion they were desirous of simply narrating the facts in a plain unvarnished manner, and this fact was very patent to the leading counsel for the defence, who discovered that it was an almost hopeless task to tackle these witnesses in the hope of condemning their evidence. Inspector Broham was first called, the Crown Prosecutor of Christchurch (Mr Martin) leading the examination. Ho told -his story in a way that might be expected from an oflßcer who had had many yeaas' training in a Police Court in the conduct of criminal charges, and aa a result hie statement was soon di&posed of. A fact elicited from him was that when the prisoners were informed that the warrent had been issued at the instance of Dr. Mclntyre, they not very unnaturally made some very uncomplimentary remarks concerning that gentleman. Another piece of information which came out for the first time in crossexamination was that as soon as Detective Kirby left the room on the night of the arrest to get some brandy Hall revived from hie fainting condition. It was at this time that Mies Houston intervened and endeavoured to assist Hall to make awaj with the phial containing antimony which he had in bis trousers pocket. Inspector Broham, it may be worth mentioning, was the officer who succeeded in effecting a very clever capture of Cyrus Haley, the notorious fireraiser in Auckland, some years ago. He has been, I am informed, a thorough athlete, and the grand picture he presented in the witness box, erect, in uniform, gave evidence of an early soldierly training. Detective Kirby came next, and he corroborated his chief's narrative, so far as conI cerned the various incidents of the arrest, the search of the house, the impounding of certain articlee, and the statements of the prisoners. Both witnesses held that Hall freely and unreservedly stated that whatever had been done in connection with the matter he did alone, and it may be said the only bright s^pot in Hall's conduct throughout the terrible tragedy that was just about to be investigated was his sincere desire that he alone should suffer, and that the woman Houston should go unpunished. In one ' important particular, however, the wit- | nesses joined issue, and that was in respect to the femalejprisoner's remark '^Antimony! That's what you got for your photography." Inspector Broham took it from the tone in which the words were used that the idea had just flashed across Houston's mind.while the detective conceived that an interrogation waB being put. In crossexamination Mr Hay elicited the fact that a good deal of plunder was taken out of Houston's bedroom, but nothing of any implicatory or damaging character was found, and Or Mclntyre had passed all the bottles found there as unsuspicious. The detective caused a laugh when he added that a bottle of Florida^ water was the worst thing be found. The 'other police witnesses did not detain the Court many minutes. Constable Hicks, the watchhouse-keeper, at Timaru, added another link to the chain by the confessional statements made after the arrest by Hall. During the momentary absence from the room of Inspector Broham,

j and not observing the presence of flicks, the tnaie prisoner appiuuuaeu Houston and remarked : " You axe ' quite safe, and will be able to get clear. , It is I that am in for • it. I cannot possibly get off." No, reply was made by Houston to this observation. Cross-examination by Mr Joy nt only tended to show that the witness was intelligent, observant and capable, and as he was .well posted (having taken the precaution to note the language at the time) the questioning waa not persevered vrith. Constable Strickland followed. He had been detailed to enter the house by the back door on the night of arrest, and he rejoined the rest of the party under Inspector Broham about half-an-hour after they had gone in at the front door. He was only now required to prove that he received certain articles from nurse Ellison and to identify a cork which ho found on the dining-room floor and subsequently handed to Professor Black. Next came Constable Daly, who received fifteen articles from Inspector Broham on August 16, to be handed over to Professor Black, at Dunedin. The witness told how jealously he guarded the box containing the exhibits — how he locked it up in a bag and slept with it under his head, and how j equally cautious he was after the analysis that the articles should not be tampered with till their production in Court. This constable added another slight link to the chain of evidence, the witness deposing to the discovery of the doctored brandy, and to handing it over to Professor Black for analysis. Maud Hamersley was then called, but as she was not in attendance Patrick Caseys evidence was taken. This witness and another police, Constable Mainly, deposed to finding a tin of kerosene, rags saturated with kerosene, etc., in the garret in Hall's house on the evening of the 21st inst. On Professor Black being put into the witness-box, His Honor expressed some surprise at the expert evidence being tendered at that advanced period of the day, whereupon the Attorney-General explained that some of the witnesses he had intended calling were not within the precints of the Com it house at that moment. Mr Joynt thereupon suggested that Mr Cotter (the Timaru gaoler) might be called, but Sir Robert Stout waa unwilling to disturb the order of procedure as sketched out in his opening, and so it was decided to have Professor Black. Thie witness (James Gow Black), examined by the Attorney-General, then gave evidence to the effect that he was Professor of Chemistry in the Otago University, and Doctor of Science in the Chemistry Department in the Universities of Edinburgh, Glasgow, and Aberdeen. He described minutely the various substances given him for analysis in connection with this case. JEn passant, he was asked if it were possible fer the substances to have been tampered with in course of analysis, and his reply wai given in such a tone as to leave no doubt that the suggestion was altogether too ridiculous to be entertained. In some of the articles he had found tartar emetic (in the pooketa cut from the male prisoner's trousers) and colchicum — both poisons -in others ; bot no antimony. In the ice water taken on the 13th August there were large quantities of antimony The vomit and urine were also found to contain antimony. The brandy spoken of as doctored by Inspector Broham was examined by Professor Ogiton and witness, and no antimony was discovered ; but it was found to contain colchicum in large quantities. On the cork found on the floor of Hali'» diningroom immediately after his arrest tartar emetic was discovered. It being now five o'clock, and no convenient gap having occurred for a break in the evidence, an adjournment was made till today. On resuming this morning, Professor Black was again placed in the witness-box, and detailed the results of other analyses made by him. In the urine, on September 13th, he found what he took to be a trace of antimony, but he was not prepared to swear that antimony was present. The test was made for scientific purpoees to see how long antimony takes to eliminate from the system. Since coming to Christchurch he had examined for antimony in some cigarettes given him by Inspector Broham and taken from Hall' 3 bedroom on the night of the arrest. He applied the usual test. Could not swear that there might not be a trace of antimony, but he did find any. Some amusement was occasioned by the witness stating that on August 16th a box was sent to him by a carrier who demanded a shilling for carriage. The Professor asked whether he would take his chance of payment or take the box away, and the carrier elected not to leave it. This course, the witness explained, was taken in consequence of the habit of people sending him parcels from all parts of the Colony for analysis, and detecting him with the j carriage. Later in the day owing to the receipt of a letter from Dr. Mclntyre, he looked up the carrier and got this box, which contained a bottle of vomit and a bottle of urine, and on analysis antimony was found in both. Dr. Ogston examined the cigarettes separately and by a different I process to witness. | The Attorney -General ; Did you take any precautions as to to the purity of your chemicals ? Professor Black : Certainly. It is the most elementary part of an analysis. The question is an absurd one. This completed the examination-in-chief. Mr Joint's cross-examination of Profoasor Black commenced at 10.35. In the first instance he was asked to explain the steps taken in applying the various tests, and this the Professor did with great minuteness showing that the analyses had been most complete and exhausting, This only tended to strengthen his evidence -in - chief, and showed that some of the substance found could only have been produced by the presence of antimony. "In one test," observed the witness, "I found oxichloride of antimony, and which 'Taylor on poisons ' erroneously described as oxide of antimony." Mr Joynt : You call it oxichloride of a»mony, Witness : I am speaking to facts. It was really oxichloride of antimony. If Dr. Taylor were now quoted in an assembly of chemists the man who quoted him on chemical matters, would probably be laughed at. His Honor was about to take down this last answer when the Professor gravely remarked : " Your Honor that was merely an aside. I won't swear to it." The reply provoked much laughter. He continued : Antimony is an elementary substance and contains nothing but an- \ timony. Poiaon is a stupid name, and is not a scientific term. It is a vulgar expression. Mr Joynt : You know what we vulgar , people class poison. Witness : 1 object to that, Ido not call you vulgar people at all. Subject to your Honor's permission, I won't allow anyone* to misinterpret my language. I use the term " vulgar " not in a vulgar sense (laughter), but as being non-scientific. Scientific men never speak of " poison." Mr Joynt : The legislature has used the word in respect to this very charge, and

we must stick to the language of the legislature ac close as pesa'ble. u , Witness : You can tut»m line between poiswns and non-poisons. Whiskey is poison. , What do you do with whiskey ? Mr Joynt : I did not do anything with it." Perhaps you will tell us what you do with it. (Laughter.) What do you understand by "poison," in the common explanation of terms? Witness : By poison I understand something which is destructive of life, or injurious to health, if taken into the system. If'tbat iB not adequate, I cannot help it. Antimony by itself I don't think is poison, except in a state of vapour. Mr Joynt'B cross-examination occupied an hour and a-half. In answer to Mr Hay witneee said that in Mica Houston's pocket, which he analysed, he found no trace of antimony or other poison. } The Judge: TSTor did the AttorneyGeneral affirm it to the jury. Sir Kobert Stout ; None of the scientific men used the expression, "Poison antimony By that he Bhould understand tartarated antimony, or some other compound of antimony. For "poison antimony" he would never droam of looking for 'metal. The Attorney General said that if necssary he should ask that .the charge be amended so as to read " poisoned by tarter antimony.'' Dr. Ogsteno, lecturer on medical Jurisprudence in Otago University, said he had .studied at Aberdeen, Prague, and Vienna. He had a special course at Prague for 6 months in the study of poisons, and was appointed lecturer on poisons at the University of Aberdeen. The book " Ogston'a Medical Jurisprudence," was edited by him. Antimony wae a disoluble poison, and would produce symp totns like those of Mrs Hall's. The symptoms of antimonial poisoning were vomiting purging, great depression, sickness, sometimes slight convulsions, itching in the throat, irritations about the nostrils and eyes, and perhaps weakness of pulse. There would also be lower bodjly temperature generally. Almost invariably consciousness was retained, and very seldom deliriam took place. The fits of vomiting are generally preceded by great nausea. Golohicum gives extremely similar symptoms— indeed, all irritan' poisons have several symptoms in common. On September Ist 1 inb/uected Hall's house, specially as to drainage. There was nothing in the surrounding of the house likely to lead to sickness. Witness detailed the result of the analysis of the articles forwarded to Profesaor BlacK. In vomit and wine | August 15th was an abundance of antimony. I The ice water of the same date seowed "a j great abundaacQ of antimony inducing him j to submit it to a very severe test in a dry tube used in the test. He found a very dense and very heavy orange precipitate showing the presence of immense quantities of antimony. He examined the cigarettes and found no antimony. v Sir Robert Stout : Looking at the symptoms and assuring the doctor that this vomit and urine were from a patient whose eymptoms you hare heard described. Can you state whether in your opinion antimony had been taken first ? Witness ; I think so. Sir Robert Staut : Can you say whether administered in hurtful quantities ? Witness : Certainly. Sir R. Stout : The icewater contained antimony in large quantities ? Witness: in such large quantitie that probably Bayed the patient's life. Sir R. Stout : Do I understand that the largeness of the dose made the patient very sick. Witneas : Largeness of the dose threw the great part of it from her sometimes, , Sir R. Stout : If it had been detained, what would have been the effect ? Witness : Fatal. It would have caused death. In answer to further questions the witness said it is the actual as well as popular idea to call antimony poison. Had the celchicum in the brandy been injected in Mra Ball on the night of the arrest, seeing her then low state, the result would have been fatal. Antimony was too depressing to be used for medicines. HeJ never heard of it being used in cigarettes for asthma, and had tried the experiment without finding it give beneficial results. He had practised fourteen years as a doctor, and never heard of antimony in cigarettes being ufed for asthma If Hall had been in the habit of taking mor phia, and if, since the arrest, no morphia was given him, and he suffered no injurious effects from the want of it, witneas did not think he could have been suffering very much from morphia poisoning. The Court here adjourned for lunch.