THE CAIN POISONING CASE.

Temuka Leader, Issue 1515, 20 November 1886, Page 2

THE CAIN POISONING CASE.

The adjourned inquest on the remains of the late Captain Henry Cain was resumed and concluded at the Courthouse, Timaru, on Thursday, before J. 8. Beswick, Esq,, Coroner, and a jury.

Mr White again conducted the enquiry, assisted by Inspector Broham, and Mr Perry watched the proceedings for Thomas Hall, who was present in charge of a gaoler and warder. Florence Gillon, school teacher, Wellington, said: I went on a visit to Woodlands on 19th December last. Captain Cain was then very unwell; was taken ill the Monday after I went to the bouse; on the 21st to the 4 best of my knowledge. Hall came from Compstatl to Woodlands on Christmas eve. Hall left me that evening at Compstall, and went back to Captain Cain’s house. He afterwards said that a report was current about town that Captain Cain was not being fed properly. He said that it was better for one person to look after Cain’s food entirely. Mrs Newton and Miss Houston being present, he turned to the latter and said “Suppose you do it.” Mrs Newton said it was impossible for her to do such a thing, no one person could do so. Later on in the month 1 drove out with Hall from Gompstall to Woodlands, but cannot remember if it was before or after the conversation about Miss Houston. Cannot remember if it was before or after New Year, but it was three or four weeks before the Captain’s death. Hall said Captain Cain was suffering so much that it was a pity the doctor did not give him something to help him out of life, or words to that effect; meaning I suppose to prevent Cain suffering so much. About this time Hall and Mrs Hall had a conversation about the will made by Captain Cain. Mrs Hall said something to him to the effect that another will had been made. Hall said, “All the better for us,” and looked very pleased. 1 don’t remember him doing anything with bis hat. On the night before the death of Cain Mrs Newton, Miss Houston, besides myself, were in . the house. Qeorge Kay sat up with Cain that night; also, I think, Mr Stubbs. Hall was more often at the bouse than Mrs Hall; from that time I was absent during Cain’s illness but once or twice. He used to call at Woodlands as he came into his office in town of a morning, and again at 4 o’clock. I only remember his calling once at luncheon time. When calling at 5 he would sometimes stay till 6 or 6.80. 1 remember him going back to Woodlands twice to stay all night with the captain. In December 1 asked Mrs Hall why Mrs Peters had left. I asked this in Christmas week, and could not be sure if. Hall was present, but think he whs, Mrs Hall replied to this effect—" Mrs Peters has got it into her bead that Hall is trying to poison me.” We were all amused at this idea, and Mrs Hall then spoke about the book " Taylor on Poisons.” Mrs Hall probably said, “Tom’s always reading this book, and I don’t like it;” said this in rather an amusing tone of voice. 1 have heard Ball often say he thought Cain would not recover. Dr Maclntyre told me (hat the Captain might live three months longer, just the day before he died. I don’t think Hall was present when this was said, but very probably he heard it, I can’t remember ever seeing Hall give Captain Cain food, medicine or drink. I* remember Hall procuring some “ poorer” port wine for the mao, as he thought the man was taking the good port wine, which was got for the Captain. This poor wine was got for Kay specially, «s Hall suspected he bad been taking too much of the good wine. Eay drank none of it, as 1 heard this poor wine had never been touched. Captain Cain said to me once, " You will be surprised to bear that Hall’s made such a good husband. About his sickness tha Captain said he could not understand why be was so sick.. One afternoon 1 re. member he was vary sick indeed, and I assisted in attending to him. Hal), I think, had been down that day about breakfast time, and I believe was also there the night before. Heard Gain had •aid “If it was not so absurd, I would think some one was poisoning me.” 1 cos Id not remember if Cain said this to me, or if Hall was present. 1 never saw Hall give Cain anything, and cannot say if he had opportunities of putting poison into Cain’s food, medicine or wine.

Emma D. Ostler said; I remember dining at Woodlands during Mies Qillon’s visit; it was the day before Captain Cain took to his bed. Hall, Mrs Newton and Cain dined with me. Hall vaa about to help Cain to some liqupr from the spirit stand on the table, when Gain declined to take it; said it always made him sick. Hall then got up, took Cain’s glass, went behind the cupboard door,.stooping down, and poured something into the glass. He then added some water and put the glass on the table, placing it by the side- of Captain Cain. Up to this moment the Captain seemed well, had begun hie dinner, and did not seem sick at all. Cain got sick when the dinner was about half Oyer, and had tp be assisted from the room by Mrs Newton and me. Hall went forward and got everything in the room ready for him. About three nights after

Cain died Hall took me home from m Woodlands, and on the way said it had ' been a very ill-fatsd house. Ooce, when Cain was suffering greatly, Hall, in my resence and that of Mrs Newton, asked if we did not think *he doctors should give Cain something to let him die without such pain. Oould not remember how . long this was before Cain died. Hid often hoard Hall say there was no chance of Gain getting better. On the occasion of speaking about the doctor giving him something, Hall added that Cain could ‘y. not possibly get better. ' Frederick LeOren, merchant, Timaru, said he and the late Captain Cain were trustees of Mrs Hall under the settlement to herself made some years before her marriage. Hall once or twice spoke to him about the money under settlement at the end of the year 1885. He brought*, letter from bis wife asking the witneislK; hand over all the moneys he had got in trust; as she would like her husband to have charge of .her money. He said be was quite willing to do so, provided he was properly released. Shortly after December 16tb the Captain came to him and said he wished him to keep to the trust. He replied that he was glad to give up, and told Hall of what took place. By advice Hail then said that he would apply to the Supreme Court for power to get the funds back in his wife a name. Mrs Hall was about this time entitled to £760 of trust moneys. Captain Gain, from what he told me, would never have paid this money over until he was obliged. Hall knew of this unwillingness of Cain Y” to give up the money. WitnesiJ let the ■ writ go by default. Captain Gain died two days after the writ was served. This money business was entirely transacted by him with Hall, and he brought Him the releases. Witness saw Gain the Sunday . before Christmas Day. He said it was a strange thing everything made him so sick; that it was the first time he could not take his tot of grog, which be had been used to taking all bis life. He could not do s« now as it made him sick. t Jowsey Jackson, a blacktmith, who made an invalid bedstead for Captain Cain deposed to being given a glass of champagne from Captain Cain’s room and being very sick after it, Geo. Wm. Mason deposed to, Cain remarking that his grog disagreed with him, and to Hall being very seldom at Cair/s house while he (witness) was there. \ Geo. Wm. Gardner, deposed to Hall (in the course of a conversation with him in January of. this year) saying that he wanted a house, but did not like to take it as the Captain might die any day. 0. B. Eichbaum, chemist, Timaru: Hall on 4th November purchased from me half an ounce of atropia. On 28th January he purchased half an ounce of eye drops, which I take is another name for atropia. Atropia is a deadly poison. To the Coroner: The preemption for the eye drops was given to me in March, 1885. The drops were to be used aa an eye lotioo for a horse. William Henry Willway, manager at. Watkins’ dispensary, deposed to ezamlnlog the books, and finding 'an eo f ry against Hall on 13th December of 2s worth of colchicutn wine.

F. W. Stubbs deposed to seeing Captain Cain on the 13th January, aud giving him a glass of champagne which did not make him sick. He had seen the Captain take food, jellies, etc. He was not, as a rule, tick after taking these, witness had seen him sick, do far as ~ 1 witness could see from the sickness he 1 appeared to have taken spirits or wine. To the Coroner: I did not take any 1 whiskey or spirits whilst «t Woodlands. '< Qeorge Kay, laborer, said : I went to 1 Captain Cain’s on Ist January last, and helped to nurse the Captain. I saw Hal! at the house every morning in the week ; whilst I was attending on Gain. Wren and I took it week about in nursing the Captain. I believe I have seen Hall at the house at night before I went away. He used to go into the Captain's sick room, remaining there five or ten minutes. He was generally left alone with the Captain, as I left the room. The reason I left was that Hall told me he would stay with the Captain. Ball has told me that he bad given the Captain a drink at times, but 1 could not swear poiitively to this. Spirits used to kept on the table in the room. The Captain was very often sick, but 1 could not swear whether be was sick after Hall’s visits to the room. I was at the house the night before Captain Cain died, but could not swear whether Hall was there dr was not there. I was in the siok room all that night. The Captain often said, “ They would be glad to get me out of their road,” meaning by “ they,” I suppose, the inmates of the house. The Captain was a bit “ peculiar ” sometimes, but he was as sensible os 1 am when be used the words quoted. vJ To the Coroner : 1 was not in the habit of drinking the Captain’s whiskey. I drank a little port wine now and again, Your Worship, up to Captain Cain’s death, but was not ill after it.. I did not notice if the quality of the vine changed. I tasted the champagne several.times, but could not say if I took any of it the day Jowsey Jackson called, drank some, and felt ill. None of the wine made me sick. Dr R. B. Hogg, recalled, said : Atropia and oolohicum ate both vegetable poisons. Colchicum would produce the symptoms I have heard Captain Cain was suffering from. Atropia might, but lam not quite sure. What I prescribed for Hall’s use in March, 1885, v. as a solution. I prescribed four grains to the ounce in solution. If twice the quantity 1 pre-. scribed were given in one dose it would moat likely be fatal. Supposing these poisons bad been used to destroy life no trace of them could be found in a body months after death, as they are vegetable poisons. 'j Mr White having stated that this wuS all the evidence he had to call,, ' z The Coroner summed up. He said to his mind the jury would have little hesitation in concluding, after having heard the evidence of Dr Hogg,; that the late Captain Cain had been poisoned. He reminded them that the law was that any person who accelerated the death of another, no matter in what condition the i victim might be, committed murder. A From Mr Knubley’s evidence it was plain that both Captain Cain’s daughters (Mrs Hall and Mrs Newton) would alone benefit by his death, and this was a point the jury had to oousider. Then they had to further consider the question, “By whom was this poison administered ?” . this question being bard to answer, owing A to the fact that so many persons were JU about the house of Captain Calm So for

M the prisoner Hall waa concerned, they had evidence that at the tune of Lia arrest On the charge of attempted wife murder antimony waa found on him, aad a ! so that be had purchased poisons. But theie was no evidence to show that poison had been found about the time of Captain Gain’s death. The jury retired for half-an-hour, and then returned with tb* following verdict: “The jury are of opinion that the late Captain Gaia’s death was accelerated by poison, but by whom administered there is act sufficient evidence to show. They therefore return a verdict of wilful murder agaiost some person or persona unknown.” ■