THE TIMARU POISONING CASES.

Temuka Leader, Issue 1500, 16 October 1886, Page 2

THE TIMARU POISONING CASES.

SUPREME COURT, CHRISTCHURCH. [Before His Honor Mr Justice Johnston]. THIRD DAY—WEDNESDAY. The evidence of Dr Drew, surgeon at the Timaru Hospital, was in the main corroborative of that of Dr Maclntyre, and contained litt'e that was new. He stated that when he met Drs Maclntyre and Lovegreve in consultation, he believed the latter suspected that Mrs Hall was being poisoned, although none of them mentioned that they thought so. In reply to Mr Joynt he said he could give no reason for none of them mentioning their suspicions to each other, other than Hall’s “position.” The reason they ordered that Mrs Hall should be nourishedby injections, and only receive ice by the mouth, was because they suspected she was being poisoned, and that would prevent it. In answer to the AttorneyGeneral he said they intended that small pieces of ice should be placed in Mrs Hall’s mouth, and unless a person was an adept he did not think he would poison by injections. In reply to Mr Hay he said Miss Houston was head nurse in the male ward at Timaru, from August 1884 to April 1885. As such she would have to attend to patients, to

attend to bedridden patients, and perform all the ordinary duties of a nurse. After a person had occupied tbe position of a nurse in a male ward she would not think it a dreadful thing to take a cup of tea into a sick man’s room. He, witness, and others considered her a very good* hearted good-natured girl. She was also a great faiorite with the patients. She was, he believed in the Wellington hospital. JVhilat; in the hospital at Timaru she conducted herself in every way as a |aiyshould. Hejhought her disposition was frank, VncTnol deceitful and underhand, rand he never found her deceitful and underhand. The Court adjonmed at 6 p;m. ■ ? r: r r FOURTH DAdf^-THURSDAY. The charge of. attempted poisonings against Thomas 1 Hall and Margaret Graham Houston was resumed at 10 a.m. Inspector Broham gave evidence for the most part similar to that given by him at Timarm. He said.he arrested the prisoner at 8. 30 p.m. on Augistl7th. at Woodlands, North street, Timaru, Detective Kirby, and Constables Egaa and Strickland were with him. Strickland wont to tbe back of tbe house. Egan, Kirby, and himself went to the front door. As they were going iiiTht the front ■ door, Hall was coming out of the dining* room. Witness saw Miss Houston coming outof the sitting ropm. He beckoned to her. She came into the dining-room. Witness then said “ I arrest yen oh a warrant for attempting to murder Mrs Hall by poison, by administering antimony.’’ Both prisoners expressed great surprise and astonishment. ‘ ‘ Antimony,” Houston said, “that’s what you use for your photography.” Kail turned round and said to her, “ Keep quiet, will you. You have nothing to do with this.” ' n He then added “ What will I say 11 suppose a man should be very careful at such a time, when such a crime—such Ja charge—is made against him.” Witness said to him; “You can say what you please, or say nothing at all if you think fit.” He then said, “I have used antimony for a long time. I have bought tartar emetic at Gunn’s and Eichbaum’s. I need it with other things for asthma.” He also said, “You know I suffer from asthma.” The witness then detailed how he sent Kirby out for some brandy and Miss Houston tned to go between them when Hall wais attempting to get rid of something that was in his pockets. He ordered Hall to take his bands out of hie pockets, and as he would not do so it attracted bis attention and he attempted to force | him to do so. While struggling with Hall, be noticed a cork fall, which be concluded came out of Hall’s pocket. On Kirby returning they searched Hall, and an uncorked phial, containing a few drops of some liquid and some crystals, and a packet of tartar emetic were taken from his pocket. One’ of his • pockets were wet. Witness then detailed what re-, suited from the search of Hall’s room where some colchicum winjs,j bismuth, tartar emetic, the Book Taylor on Poisons and a packet of cigaretts were taken possession of. When they were going to the bedreom, Hall remarked, “ You will find antimony there," and when tbe book was found.be said, “ I suppose this will tell against me.” Hall being faint some brandy was sent for, and a bottle was given by Nurse Ellison to Constable Egan, who gave a glass to Hall, j but the witness prevented him from / drinking it,, as it iooked 1 cloudy. Hall said that it was pure/ Hall did not tell him how he used antimony in making cigarettes. Just before he sent out Kirby, Hall said to Broham, “ Whatever I did in connection with this matter, Broham, I did alone. There was no second person concerned in it.” He said that twice if not more often. The witness identified the articles taken possession of, which were produced. One exhibit was a'bottle of brandy numbered 10J and marked Ql,"which was ndt exhibited at the H.M. Court, Timaru. It was the brandy of which the Inspector had prevented Hall from drinking a glass. Another, thing not mentioned in the R.M. Court, was that in searching Hall’s safe (where he found two policies of insurance of Mrs Hall in the Australian Mutual for £3OOO each) he found Hall’s will on the 14th September. He had a sample of the suspected brandy sent to Professor Black at Dunedin. The witness detailed the finding of the rags and wood saturated with kerosene and, the tin of kerosene in the garret at Woodlands. In cross-examination by Mr Joynt the witness said he did not send to Professor Black all the bottles found in the house ; only those which Dr Maclntyre selected. Mr Perry had a list of all of them. Hall had a phial containing morphia in his hand whei Kirby came into the room; it was in a small leather 1 case. In reply to His Honor the witness said the reason ho did not mention this before was because he knew Hall was in the habit of taking 1 morphia, and he took no more notice of - it than if it had been a packet of cigarettes. —Mr Joynt remarked that he “did” take notice of the cigarettes. [Some argument here took place as to whether the Attorney-General was going to insist on hia right of replying after the witnesses for the defence , had been called. His Honor said if it was an established custom he should allow the AttorneyGeneral to do so. Mr Joynt contended that the counsel who had the last say had a very great advantage, unless he was a very poor counsel, indeed, to which His Honor replied that the judges should go for something, Mr Joynt said “Yes, if the Judge leaned toja side.” His Honor said judges are often said to have a leaning because they sum up strongly when, as a matter of fact* it would be a dereliction of their duty if they did not.] The witness then said in reply to Mr Joynt, that Hall showed him the mirk in bis leg where be was in the habit of injecting morphia. In cross.examinatiqD by Mr Hay V the witness said Miss Houston spoke of x photography in a tone as if the idea had just struck her. It was as if she had just been struck by the idea. She .did not say it in an interrogative tone. It was as if, at a moment’s consideration, the idea struck her that the explanation was satisfactory to herself. He:did not think he heard her use the word “experiments.’’ When Miss Houston used a cry, and rushed between the witness and Hall be could not say, whether she put her arms round Hall’s waist, round his, or put her arms round both, but he believed she used all her strength to separate them. 'While box was being searched by. Kirby she said “Mr Broham, it must be all a mistake. All vill be explained to-morrow, wont it I” Witness subsequently asked Mrs Ellison to search her, He thought

she said “ But you are not going to take me away, are you V Witness said “ Jes, 1 must,” or something to that effec f . On her way down she asked if she might be allowed to stay with Mrs Broham. He may|h»ve said " I wish you could,” but be did not recollect saying such a thing. Austin Kirby (detective) and Eugene Egan and David Strickland (constables), who were present and took part in the arrest of the prisoner gave evidence corroborative of that of Inspector Broham. Kirby, however, said Miss Houston used the words “ Oh, you use antimony in photography.” in an interrogative tone of voice. Kirby said that when he searched Miss Houston’s room he took possession of a numbdr of bottles (ton), but Dr Maclntyre passed them ail as above suspicion. He also cut the pockets out of all'her dresses and ulsters, but nothing resulted. Thomas Hicks, the watch-house keeper, deposed to the prisoners being brought to the watch-house the night they were arrested. While he was alone with them, after Sergeant Willis had gone out, Hall went up 1° Miss Houston and said, *' You’re q t safe, and will be able to get clear ol ,t. It is I that.is in for it. I can’t possibly get off.” He heard Miss Houston make no reply. John Daley, constable, deposed to rereiving certain articles from Inspector Broham, which he placed in a box, corded it up, sealed it, and ultimately delivered it to Professor Black in Dunedin,

James Gow Black, Professor of Chemistry in the Otago University, and Doctor of Science in the Chemistry Department of the Universities of Ed in burgh, Glasgow, Aberdeen, etc., then gave evidence. He deposed to receiving the box, containing 15 articles from Conliable Daley, and gave the results of his analysis, which were similar to that given *t Timaru. With reference to exhibit 10| (the brandy of which Hall attempted to drink a glass, averring it was pure) he said Dr Ogston and himself examined it for antimony or colcbieum. They found oolchicum in large quantities. Colchicine ia the active principle of colchicum. By large quantities he meant relatively. Before the evidence of this witness was concluded, the Court adjourned till the following day. During the afternoon Hall was accommodated with a seat* for which he appeared very thankful.

FIFTH DAY—FRIDAY. The Court .reopened on Friday at 10 a.m. The examination of Professor Black was continued by the Attorney-General. He said he found no antimony in the asthma cigarettes taken by Broham from Hall’s bedroom, but he could not swear there might not be a trace. He examined evacuations of Mrs Hall, passed oc various dates since the arrest. That of August 20th showed a trace of antimony; those of September 13th and 14ft showed what was taken for a trace of antimony, but he would not swear antimony was present. The object of the analysis was to show the alimination of antimony from the system since the arrest. In reply to Mr Joynt, the Professor detailed minutely various steps of the analysis, He got white powder erroneously described by Taylor in his book on Poisons, 1875, p»ge466, as oxide of antimony, but which was “oxicroride ot antimony.” He then described tbe various teals, and his evidence went to prove that antimony was found in mare or less quantities in the exhibits. His evidence concluded with a scientific examination by Mr Joynt as to what constitutes poison. He said antimony aa a poison is called tartar emetic, on account of its actios on the stomach, and because it is made by digesting oxide ofaatimony, with what is commonly called “tartar"—cream of tartar. He should understand by “ poisoned by antimony," poisoned not by the metal, but by one of the compounds. Tartar emetic itself is not a scientific name; it is a popular phrase to say that a person is “ poisoned by antimony." Regarding all these tests and the results he had no doubt whatever that antimony was present. In answer to Miss Houston's counsel, Professor Black said he had analysed a number of packages in addition to Hall’s and had not found a trace of poison in any of them. His Honor here looked at the “Offences against the Person Act, 1867.” Sir Robt. Stout said he might possibly ask to amend the indictment by inserting the words “ Tartarite of." Mr Joynt said he might possibly object. Dr Oerston was then examined. In reply to tbe Attorney-General be said be understood antimony was a generic term applied to the metaland its compounds. In the course of his evidence be mentioned one particularly severe test that he applied to tbe iced water. He put one drop into a test tube 18 inches long, turned out that drop again as far as it would go —all tbe contents as far as he could—and shook tbe test tube, so as to throw out all that would possibly come. He then put into tbe tube a solution of sulphuretted hydrogen, and where the liquid bad been he got a very dense very deep orange tings. From this be inferred an immense proportionate quantity of antimony. He ■aid he bad never heard of antimony being used iu cigarettes for asthma, and many other things which Professor Black had testified to. With a pertinent questioning on morphia injections bis examination closed. When being cross-ex-amined by Mr Joynt, after a few unimportant questions, Mr Joynt elicited the fact that tbe witness had frequently been made use of as a witness in cases of toxicology for - the Crown. He told Mr Joynt that if a person want to a chemist’s and asked for antimony he ; would receive tartar emetic. Mr Joynt extracted nothing further of importance that had not been previously got from Professor Black.

Maud Hatnerelay, examined by Mr Martin, repeated her evidence as previously given in the lower Court in Timaru, in reference to visiting at Hall’s heuse one afternoon, and getting a cup of tea intended for Mrs Hall, after which she was very weak. Cross-examined by Mr Joynt: We bad been dining there that day. I had dined there twice. There was pukaki for dinner, 1 did not partake of ft. I don’t think there was hare. I don’t think I said to anyone that I had not touched pukaki becanse 1 did not feel very well. I don’t remember saying so. I was quite well when I went to the boHseabout six o’clock. I don't remember saying- that I was indisposed during dinner. It waa blowing a nor’-weater,

and I had a bad headache in the morning. I told Mrs Hall that, but 1 was quite well when I got to the house. I don’t think a nor’-wester produces sickness. Don’t •uffer from nervous headaches. They have sometimes produced sickness, but not like Iw as that night. 1 have never retched as 1 did that evening. I retched violently. I prefer weak tea. lam not in the habit of drinking particularly weak tea. I am In the habit of taking milk and sugar. I did not that evening. I did not notice that the tea had any particularly bitter taste. 1 remained about half-an-hour, and was playing accompaniments on the piano. Mrs Smithson was singing, I think. I had to get up suddenly and go out on account of illness. It came on quite suddenly. Either Mr Hall or Miss Houston said it was Mrs Hall's tea. 1 say it was either Mr Hall or Miss Houston because I can’t remember which. It could not have been Mrs Hall. I couid not be sure which of them au.J it. I did not hear of any of the others being sick. When I went Into the small room off Mr Hall’s bed-room I don’t remember if the door was standing open. It has no fastening to it. I opened it wide. I knew the cupboard was there. We went at Mrs Hall’s request to get a flask of poison—which was supposed to contain poison. The flask was the one Mias Houston had taken when Mrs Hall went out for a drive. I don’t know who supposed that it contained poison. Mrs Ellison was collecting the bottles for Dr Maclntyre. lam sure it was Wednesday evening. 1 don’t think she got any. I did not see ) any. 1 did not think anything about the flask containing poison. It was thought to contain because the other bottles contained poison. What led me to say that the brandy in that flask was supposed to contain poison was that all the bottles at that time were supposed to contain poison. I knew nothing about it. The flask was found. I don’t know that we found it. I don’t know what wus done with it. I don’t know that 1 | saw it. I forget if I was present when it was found. I did not go to the small cupboard for the purpose of looking for that fhak. I went because I noticed a smell of kerosene. I perceived the smell immediately I went into the room. It was very strong. The rubbish was lying about. I went inside and took a lighted candle with me. The nurse had the candle. The next day after I had taken the tea I was with Mrs Hall. My sickness was not spoken of as the probable result of the tea, I don’t remember when flrst it was attributed !o the lea. Both before and after the arrast it was spoken of. To Mr Hay : When it was said “that is Mrs Hall’s tea,” i don’t remember that it wus said “ that has no milk or sugar.” I knew Mrs Hall took no milk or sugar. The cups were all on the tray together. They were similar in pattern, and there was nothing that 1 remember to distinguish that from other cups. I observed nothing. After dinner we remained in the dining room. After dinner I daresay some one said, “ Mrs Hamersley, you ought to have had some pukaki, it was so nice.” I was quite well when I went to the house. I don’t remember saying that the reason I did not take any pukaki was that 1 was not well. I only said that I did not want any. C. B. Eicbbaum, Chemist, and Wil3alek, apprentice to Mrs Watkins, Chemist, were next examined. P. W. Hutton, bookseller, Timaru, gave evidence as to the purchase of the book “Taylor on Poisons,” by Hall,