MISS HOUSTON'S EVIDENCE.

Te Aroha News, Volume IV, Issue 189, 29 January 1887, Page 1

MISS HOUSTON'S EVIDENCE.

Makgaret Houston took tho stand a little after noon. She said the Cain family were not in good health when she went to Woodlands, Captain Cain was taken ill a week before. Thoujaa came home

one day saying that Dr. Maclntyre told him he had dropsy, and was not altogether well, but waa about the place as usual. Until hid Ulneas the family all mealed together. She had known Captain Cain go out of the room, saying he felt sick That occurred onco or twice. Sho was un able to fix the day, but it was after he had seen Dr. Mclntyre All the time she was there the captain, took wine and water, sometimes "berry and at others port. He did not take whisky while she was there. Saw bite sick once, but cannot recollect when. This was when he waB not well enough to join the family at meals, heard from Cain and Bridget Ryan that ho had been sick before this. She thought chat occassion was in the beginning of Junuary. He then went on getting worse. Sat up with him about a week before Kaye came in. Cain sometimes sent Wren away aad would not have him. At this point the witness burst into hysterical crying, and her examination had to be postponed. Frances Gillon descr&ed the state of Cain's health during her visit to Wood lands. January 25. The number anxious to gain admittance to the Court appeared to be on the increase yesterday. Of course the interest of the proceedings was centred in the appearance on the witness stand- of Misa Houston. She wfa3 very nervous, and spoke in such low tone 3 that even the reporters, right below her, had considerable difficulty in catching what fell from her lip 3. The Judge suggested that one of the counsel might go clo^e to her and repeat her answers, but none were sufficiently gallant, and Mr Haggitt had to undertake the duty, though somewhat averse to doiug so, beoauso the counsel on the other side hud accused him during the proceedings of misinterpret ing evidence. Mr Haggitt indignantly repudiated the insinuation, but later in tha day Mi' Deniston tripped him up in tho ant of putting into Miss Gillon's mouth the significant; addition of the words " very much," when she only said Hall appeared pleased when *he told him Captain Cain had altered his will. It will bo recollected that Mr Haggitt in the' opening endeavoured to s>how that Captain Cain's symptoms were fimilar to those from which Mrs Hall had suffered, but the defence «uccessfully resisted that matter being referred to at that stage. Mr Haggitt now insisted, and put an interrogation designedly framed to raise a discussion, and it had the desired effect ; because, no sooner were the symptoms referred to tfinn Mr Chapman was on hi* feet. As this discussion has a material bearing on the ireues, i submit it. Mr Haggitt: I want you to tell us, Misa Houston, whether you e^er attended any other person who exhibited tho ' same symptoms ot thiist and sickness, and was at rhe same time subject to diarrhoea ? Witness : No ; 1 only nursed one other mau with dropsy. Mr Chapman took it that this was the preliminary to a series oi questions which might be objectionable. When the proper nmo came, he would state his objection. Mr Haggitfc : lam not going to ask buch questions of this witneps. His Honor : This ia preliminary. Mr Chapman : I object to broach the case which my learned friend wishes to enter on now. Hia Honor : So far as the particular question put is concerned, the answer must be yes or no, and it is not really objectionable. Mr Chapman : I admjt that perhaps I had better not take objection now. His Honor : But it is coming directly. If she says " no," a further question will be put, and if she says " yes," the quostion will be asked what other person. • Mr Chapman not rising to his feet, Mr Haggitt said : You don't object, then ? Mr Chapman : 1 do object, then. Mr Haggitt : I won't argue the admissibility of this question, but I will argue the general subject if my learned friend like?. We might as v, ell have it oui now as wait till to-morrow. Mr Chapman : I submit that this touches on ground which is unadvisable because it goes into a matter outside the history of fchis case, and goes into a matter not in existence at the time referred to by the evidence, and into matters which ought not to be allowed to affect the issue before the Court or the person clnr^od here. His Honor : I have had occasion, Mr Chapman, to consider the cases very carefully. My own opinion is that up to a cortain point, at {any rate, the evidence proposed to be tendered U admissible. I think evidence would be admissible to show that some other person to whom the pusoner had access exhibited the same symptoms as Captain Cain exhibited, and aho to show that thero •was found in the excreta of such person the sama substances as were found in Captain Cain's body. I think the cases show that so far the evidence is admissible. If, however, cvi dance is tendered to show that tlrero was some motive tor administering thfc drug to that other person I confess to greater doubts. No doubt in one case evidence of that kind waa admitted, but I am cot altogether satisfied as to the reason for it. I admit that the admission of the whole ovidence is not altogether without difficulty. There is a case, for instance, tbe^Queen v. Windsor, where similar evidence waa refused', but thero has been no case, where it has been decided except on circuit that tho evidence wqs admissible. No cuss has ever been reserved. I should admit the evidence ai any rate upon tho point 1 have indicated. Whether I thould leserve tie point for the decision of tho Court in banco will be a question for my consideration that I need not settle now. Mr Huggibt : So, far as the case Regina v. Wiuaton ia concerned, reasons were not given. His Honor :No doubt ; bat there is the, circumstance. Mr Haggitt : So far as the decision from the full Court) is concerned, there are a number of decisions of various judges opposed to itegina v. Winston. Mr Chapman : The decisions of those judges are conflicting, Hia Honor : I confess that lam not able to follow the j'ticfgraentß in all the cases, My own opinion is, as I have eaid, from the

authorities, that the evidence is admissible at present. Mr Hogg : I am prepared to take the risk if your Honor feels so inclined. His Honor : I think it ought to be in any case. Examination resumed.— l have never attended any perHon who exhibited the same symptoms that Captaiu Cain did in his illness. Mrs Hall'? symptom? wet's innch the same. Sickness very small, com* plexion weak, sometimes losh of appetite for a day or so, and changeable at other times. She had dianhoea, and had many other symptoms, but I don't recollect them. Witness was subjected to a long examination, but she appeared to have a weak memory about occurrences at Woodlands on Christmas day and next day. She was positive the oysters she gave Mrs Hall on one memorable occa&ion had nothing wrong, because they were so wholesome* though she knew she was very ill after taking thorn. She gave them to her on the spur of the moment be j cause she recollected that Mrs Hall wa9 rather fond of them. Was quite unable to say on what night Hall had sat up at Woodlands, but was sure it was before the new year. There were no circumstances in Mrs Hall's illness to cauae her to recall Captain Cain's i11ne.93. While under examination, she appeared very nervous, but gathered herself together in replying to Mr Renniston, and quite regained confidence before his-cross-examination proceeded far, and smiled with contempt when, in describing the position of the furniture in the diningroom at Woodlands, she said that the article of furniture was "just thefre" (pointing to the venerable usher, who was fast asleep, but instinctively awoke, when all eyes were turner! on him), Stubbs, recalled," eaid he was at Woodlands on January 2Gth and 27th, Did not give Captain Cam champagne ; gave him brandy, but itmade bimsickimmediately he took it, .No sooner was it it. hia mouth than out again. It was weak brandy and water. Ho was told by the doctor's instructions that; only brandy was to be given. Hctll wa& m the room three times, and only stayed a. few minutes. 1 am positive that Cain was sick after taking the whhky, but not after the champagne. Any numbers of persona might have been in the sick room without witness's knowledge. Have, who nursed Cain, said H 11 was a daily visitor attor the new year He never stayed in tho wk-roo:n while Hall was there, as he undeistoed Hall had business. with the Captain. He jibbed on taking hia cough mixture several times, saying it was nasty. *\ ap often er f-ick after than anything else, and wa a tick after taking brandy or whicky. Repeatedly complained of the cough ruixture, and refused to take it, for several duy tnere was scarcely a night he was not sick three or four times, perhaps more, but the sickness did not last long. The witness was describing the position of Cain's body jusc before death. Mr Haggitt interjected a remark that he stiffened himself. Mr Denniston accused the prosecutor of putting words into the witness's mouth and said his conduct was objectionable, Mr Haggitr : This is intolerable. The judge eaid tho witness attitude represented sHfrnoss, Mr Haggitt'a observation was legitimate. The witness said he meant stiffening, Witness remembered giving Jackson champagne It was taken trom a bottle used for Cain. Took some one day himself, and telt squeamish and eick afterwards. He had never been like it bafoie or since. Mrs Ostler deposed to befng present at Woodlands one day in the oarly part of December, when Hall poured Cain out some liquid from the cupboard j had the effect of rr.akiing- him s'ck, and he atance had to leave the room The change was very sudden. It was Cain unexpectedly refusing to take v-hisky that- caused HaS to go to the cupboard.