THE CAIN POISONING CASE.

Temuka Leader, Issue 1519, 30 November 1886, Page 2

THE CAIN POISONING CASE.

THE CHARGE OF WILFUL MUR DER AGAINST. THOMAS HALL.

At the Resident Magistrate’s Court, Timaru, yesterday, before J. S. Beswick, Esq., R.M., the bearing of the charge preferred against Thomas Hall of the wilful murder of Captain Henry Cain, was commenced. The Court was thronged with spectators. Mr J. W. White, Crown Prosecutor, appeared to prosecute, and Mr O. T. H. Perry for the accused, who pleaded not guilty. All the witnesses were ordered out of Court, at the request of Mr Perry. Mr White said, in opening, that for many years previous to his death Captain Cain lived in Timaru. He would refer to the events attending that death later on. The prisoner Hall entered into partnership with a gentleman, and on being arrested for the attempted murder of his wife it was discovered that the affairs of the firm were in a perilous state, and that the firm was kept going solely by the forgeries of Hall. Before this time Captain Cain made a deed with his step-daughters, Mrs Hall andl Mrs Newton, whereby he received an annuity of £3OO, by which he would save n considerable amount. There was also £750 on mortgage, which was settled on the step-daughters. Hall was in want of money, and tried to get his wife's money from the trustees. It would be shown that Captain Cain was very much averse to this, although the other trustee, Mr F.LeCren, was willing. Up to about three months before Captain Cain’s death Hall was not on good terms with the deceased, but at that time the friendship was renewed. It would be shown, therefore, that the prisoner had plenty opportunity for administering poison. The medicines administered it would be shown were not those which would cause sickness. Counsel then went on to speak of the exhumation of the body, and the analysis of the remains. It would be shown that in May Hall bought “ Headland on the action of Medicines,” a quarter of an ounce of antimony from Gunn, the chemist, and also another book called “ Taylor on Poisons.” The prisoner also procured other poisons from Watkins and

Eichbaum. When he was arrested he acknowledged to Inspector Broham that he had been for a long time in the habit of using antimony, and he gave as a reason that he suffered from asthma.

The following evidence was then taken :

Arthur Stedman, manager of the Bank of New South Wales, deposed ; I know the prisoner, who was a member of the firm of Hall and Meason. Hall chiefly aitended to the banking business. In January, 1885, the account was overdrawn by £BOOO, including discounts, and kept up the. same average to August, 1886. In June, 1885, Hall produced a promissory note signed “E. H. Cameron,” for discount, and I discounted it. It was for £650, and was dated June 13th, 1885. I believe Hall took up this note, and it given was to Hall and Meason. About September 23rd, 1865, Hall produced a promissory note of John Fraser for discount and it was discounted. When it became due it was retired and renewed by Hall and Meason. I believe I gave up the note to Hall. On December sth Hall produced a promissory note from Michael Mitton for £205 for discount and I discounted it. This was renewed on March 12th, 1886, and again renewed on July 16th, 1886. Hall .also gave me transfer of mortgage produced as security. Prisoner told me E. H. Cameron was a station manager at Waimate. He told me John Fraser was a shepherd in the Mackenzie Country, and he said Michael Mitton was a station manager at Peel Forest* I have been a . bank manager for about nine years, and have had twenty years’ experience in a . bank. I believe the signature in- the book produced (Gunn’s poison book) is in the the prisoner’s hand writing. (The book was put in and marked Bll). When 1 say the prisoner produced the notes, I mean either Bail or bis clerk.

Robert Silvers Black, manager of the National Bank in Timaru deposed : The prisoner Hall has kept bis private account at our bank for some years past. la January, 1885, the account was generally overdrawn something over £IOO and remained in much the same stato N np to September 14th, when it was oyer £lB3. This overdraft increased, and(on November 19th it stood at £263. From that date

till Ajiril 14th, 1886, the account was in credit 1 . Up to May 29th there was a email fluctuating overdraft, and on that day

the account was overdrawn £6OO. 1 have been eleven years in a bank and am a judge of handwriting. I know, the prisoner’s signature and 1 have seen him write it on several occasions. The - signs* tnre in the book produced (Bll) is the prisoner’s. To Mr Perry : The cause of ’ihe account being overdrawn £6OO on May 29th wan that a transaction for that amount wan covered by mortgage. There was a-'small liability under bills discounted, but ! considered the other parties were good enough for the amount. Charles Aloysius Wilson deposed ? I

was clerk in Hall and Meason’s employ from 1883 to some time after Hall’s

arrest in August. I know Mr E. H. Cameron, Mr Michael Mitton, and Mr John Fraser. 1 never received any promissory notes from them in > favor of Hall and Meason. I have taken-pro* missory notes to the Bank of New»South Wales, by Hall’s instructions, but never by Measou’s. I took the notes ,in accordance with my duty as clerk, and told me to do so. I had frequent trinities of seeing Hall write his name and 1 recognise the signature iu the book produced (BU) as his writing. Mr White said be would ask the Court’s

permission to re-call this witness to give evidence as to entries in certain books, the latter not being then in Court. William D.iviHson, agent in Timaru for the Australian Mutual Provident Society, deposed ; I remember Hall coming to me in August, 1885, in reference to insorranee. He asked me for a prospectus form and said his wife intended to insure her life for his benefit, and that the amount would probably be £SOOO. I gave him proposal and prospectus forms. He subsequently saw me and stated that be would probably take out two policies for £3OOO each—one for life and the other for seven years. He sajd it would depend upon how long Captain Cain lived which policy would be kept in force. Hall afterwards brought me the proposal forma signed by Mrs Hall, and the policies produced .were subsequently handed to him. ; I never saw Mrs Hall in connection with the policies.. To Mr Perry : I cannot remember the exact date when the prisoner first called on me.

Miles J. Knubley, solicitor, practising in Timaru : I was Captain Cain’s solicitor for some time previous to his death. The prisoner married Captain Cain’s step* daughter on May 26tb, 1885. (Certificate of marriage put in and marked B 12). Captain Cain told me about the time of the wedding that himself and Hall were not on good terms. I believe they were on good terms in September and October of the same year. Captain Cain com* plained to me concerning Hall’s treatment ef him in regard to certain accounts. He told me this was the cause of the difference. Mr Perry objected to this as being hearsay evidence, but the Bench decided to take it down in the depositions.

Witness continued : I have ho recollection of hearing from Hall that be was not on good terms with Captain Cain. Hail never made any enquiries of me as to Mrs Hall’s money before liia marriage. About January, 1886, IlaJI asked me about Mrs Hall’s trust property, what the income would be, and generally the particulars of the trust estate, I refer to the trust under which Mrs Hall and Mrs Newton would benefit. I was appointed trustee en January 22nd, and it was about that time that Hall spoke to me. ' I furnished sy Hall with a statement, as requested, of y which I kept a copy. On December 1 prepared a deed of covenant, to which the parties were Captain' Cain, Mr F, LeCren, Mrs Hall and Mrs Newton. The covenant was a mutual one, and the effect was that Captain Cain war to receive all the income from the trust estate up tn December 31st, 1885, and to pay all outgoings from the estate up to that i time. He was to receive an annuity of £3OO a year from January Ist, 1886, and to have the free occupation and use of Woodlands, and about nine acres attached, during his lifetime. J The Court then adjourned for lunch, and on resuming the witness,continued; The gross income of the estate was about £IOOO a year and (he outgoings about £3OO. That income would be divided betweo Mrs Hall and Mrs Newton, sub*

ject to the trusts of severs! deeds. [The remainder of this witness* evideici was merely a repetition of that given by him on former occasions.] Frederic LeOren, merchant, Tim&rvi, deposed : 1 was a trustee in an estate in which Mss Cain was concerned. Miss Cain afterwards became Mrs Hall. [ bad an interview with Hull at his office about the trust moneys. Hall asked me what had become of the money received from the trust. I told him that Captain Cain received all the moneys, and that with the money he had kept the house, and his daughter and had assisted Mrs Newton. He replied that he didn’t care for that, somebody would have to be responsible for it I then sug gested .to him, for his o*ll sake, considering the feeling ex sting between him and Captain Cain, that it would be far belter to let tilings go on as they were as long as the old man lived. He replied, as far as 1 remember, ‘ l l don’t know altogether about that; wo lhall see, as you are liable as well as Cain to the estate.” 1 said, “Do as you like. ■ I’ll have more to say about it, 1 and left him. Vso said, 11 1 have no doubt Cain will gnu yin a correct account of receipts and expenditure.*' T he feeling referred to as existing between Hall and Cain arose from the latter never approving of his daughter’s marriage. He used to describe Hall as a “snake io the grass.” Cain’s objection arose from the enquiries Hall made concerning Mrs Hall’s property. After argument between Messrs Perry and White, witness continued ; I wis aware, from what 1 heard from Captain Cain, that Hall was making enquiry into the accounts prior to the marriage, I know that Captain Cain did not approve of his daughter’s marriage, and went away to Dunedin to avoid being present at the ceremony. [ had another interview with Hall about November, when he asked me what moneys came through my hands, and I told him I was depositing it in the Bank of New Zealand. I said there were two deposits, one £SOO, and the other £2lO, approximately. Hall knew I was anxions to be released from the trust before lie was married. I wrote to Mis* 'Cain to that effect, and Hall told me he ' had advised her not to release me from J the crust. Shortly after, before the ' marriage, Hall told me that he and Miss Cain were perfectly satisfied, and did not intend to release me. From conversations between myself and Hall he led me to think that he was aware of the nature of the trust in which Captain Cam and" I were trustees. In the interview with flail in November, 1885, he referred to the trust deed, and stated that us the trust had not been properly completed (i.e., stamped) it would save expense to him if I agreed to cancel the deed. I declined to do it in that way, and also stated that I was quite sore Cain would obj ot. About December 16th Cain drove np to my house with his daughter. I was away at the time, but 1 saw Cain the following day or the day after that, and he told ore be wished me to remain with him on the trust.

After argument between Messrs Perry and White, Witness continued: 1 told Hall in December or January the substance of my conversation with Cain, I said to Hall in regard to the trust, “ For myself, 1 f»ould sooner be out of it.” Hall said he had one way out of the difficulty, namely, • friendly suit in the Supreme Court, which I need not defend. I told him I was agreeable, and I received the writ produced on- January 27th (put in and marked B 15). The action was taken •gainst myself and the late Captain Cain. Captain Cain could not have been served, Mhe was too ill. I told Hall after my interview with Cain on the 17th December that the latter would not relinquish the trust. I used frequently to see Cain during the last few months of his life. He used to complain of sickness and general weakness and exhaustion. He did not ascribe these things to any pat* ticular cause. Cain used to drink whiskey, and I used the same brand as my brother Henry. It never had any bad effect on me. Cain complained to me of being sick after his whiskey, and had to leave it off. On the 13th April I got the release (produced, marked B 16), and paid Hall the amount of trust moneys in band, amounting to over £7OO. Hall got on better terms with Cain about November, 1885. It was after that time, in December, that Cain complained of being sick after taking hie whiskey and his meals. 1 distinctly remember seeing Cain violently sick on the Sunday before Christmas Day. He complained to me of being sick a week previous to that. A. Ormsby, solicitor, Timaru, stated that he prepared Mrs Hall’s will, which left everything to Hall. C. A. Wilson, recalled, gave evidence with regard to a large number of forged promissory notes. W. M. Sims stated that he was appointed one of the liquidates in Hall and Meason’s estate. After allowing for all available assets, there was a deficiency of £5765 3s 9d. There was a sum of £755 18s due to the Wigley trust account; £962 11s lOd to E. H. Cameron ; and £325 16a to the credit of M. Mitton’s account, but this included promissory notes for £225. The Court then adjourned till 11 a.m. to-day.