THE CAIN POISONING CASE.

Temuka Leader, Issue 1520, 2 December 1886, Page 2

THE CAIN POISONING CASE.

THE CHARGE OF WILFUL MURDER AGAINST THOMAS HALL. Timaku—Tuesday, Nov. 30th. [Before J. S. Beswick, Esq., R.M.] The hearing of this case was resumed on Tuesday. The following is a summary ef the evidence Iq cross-examination W. M. Sims said : I did not take the Southland properties io in arriving at tbe balance to debit ae stated. I had no personal knowledge of their value. I was given to understand that they were fully mortgaged. Michael Mittun: I am a station manager at Mount Peel. I never gave the firm of Hall and Menaon or Hal) a promissory note. 1 have given the firm several sums to invest, amounting in all to about £llOO or £I2OO. I cannot say how much of this money I got back, but from the state of things I think I stood to lose between £3OO and £4OO. I am aware tho firm has been declared bankrupt. The signature to document (Z 8) “Mich. Mitton” is not mine. I have been twenty five years in this district ; during that time I have not known aoy one of the same name in South Canterbury. Beifield Woolloombe and Edward H. Cameron also deposed to signatures to documents being forgeries, Bridget Wren : 1 am the wife of Dennis Wren, gardener, of Tmiaru. I was domest c servant to the late Captiin Cain up to his death. He was ill about four months bi-fore he died. He was also ill about eighteen months before that, and.

during this illness he lost the small toe on the right foot. The captain was very sick at times, and first began to vomit about four months before his death. Mr and Mrs Newton wore at the house shortly before he commenced to vomit. I was there. Mrs Hall used to come to the house. Also Mr Patterson. Mr Hall came sometimes but did not see the captain. Mr Patterson stopped at the house one week, about the time the Captain became sick. I can’t remember if the captain vomited before or after Patterson came. The captain was sick before Hall made up friends with him. Only twice, so far as I can remember, did Hall come back and sit up with the Captain. The nights followed one another, and were before Christmas—the one being the night before and the other Christmas Eve. I think 1 did sea the captain vomit before November. In December he was offcener sick than In November, He used to vomit in the middle and after lunch—not every time—but pretty often. The captain used to take whisky with his lunch and he used to vomit after taking it. Mr Patterson, as well as I can remember, left the bouse about three months before the captain’s death. Newton left about the same time. •In cross-examination by Mr Perry th« Witness said: Daring the illness 18 months before the Captain’s death he vomited once. t The whisky he used to drink was kept in a liquor stand in the room. The stand contained three.bottles of whisky. This whisky was uot taken out of the room, but if people came to the bouse the whisky was taken from the stand for;them. She did not not know if Hall saw Captain Gain every time he called ; be could have seen him unknown to her. She had seen champagne io the sick room. The bottle had a champagne cork in it. ; Dennis Wren deposed to Captain Cain being very ill eighteen months before he died, and he remembered the Captain losing a toe a good while before his death. Hall first saw tho Captain about three months before his death. Hall used to come every morning about 10 o’clock after the Captain began to vomit nnd took to his bed, leaving Mrs Hall at the house. Hall used to stay about a quarter-of-an-hour at the house. Hall remarked to him that Caio could not possibly get over his illness. Witness saw the Captain day by day before he took to his bed, and never saw him sick. In tho course of a lengthy cross-examina-tion by Mr Perry, the witness, said other parsons used, to see Captain Cain in the sick room besides Hall, and he (witness) sometimes left the room when they where there. When the Captain took to his bed his legs and the lower part of his body were much swollen. A kind of oilcloth was put under him in the bed, because water was coming through his legs and thighs. When witness was nursing him at night he used to vomit. He was very sick right through his illness. Witness did not hear anyone else express the opinion that Cain would not recover except Mrs Newton. ‘ Margaret Graham Houston: I am at presen 4, redding at Christchurch. I went to reside at Woodlands on the Ist December last. Mrs Newton, Dennis Wren, and Bridget Ryan, who has since married Wren, were there. Miss Gillon came on a visit that month —about a week before, Christmas. About a week after! went there Cain came home one day and said that he fait very ill, that bs bad seen Dr Maclntyre, wb* had told him that be thought he (the captain) had dropsy. I had bean in the house a fortnight when the captain took ill. He did not vomit at that time. I only saw him vomit once. I attended to him for a few days, Dennis and Geo. Kay . attended to the captain after me, Kay coming in January. Up to that time Denis and I bad attended to the captain. No one sat up with the captain until a few nights before Kay came. Wren used to be in the garden by day. i was more with Captain Cain than Denis was. 1 only saw the captain vomit once. Many visitors used to come and see the captain, among them being Mrs Hall and accused. A few days before Christmas Day, I remember the captain getting sick at luncheon when Hall was present, but I cannot fix the date, I don’t remember if Mrs Ostler was at lunch the day the Captain became sick. Mrs Ostler lunched several days about this time at Captain Gain’s house. Hall sat up with the captain three consecutive half nights. On the night before the Captain’s death about 10.30, I went from the smokingroom. Mrs Newton and I only came from the room together, and went up to bed. 1 don’t remember Mr Mason or Mrs Hall and Mr Hall being there that evening. Some argument here ensued between Messrs White and Perry, as to certain evidence given by the witness at the inquest, Mr White reading a portion of it as taken down. In reply to the Bench witness then said : I mean by saying “ I think Hail and Mrs Hall went away at 10 o’clock that night,” that they were.in the habit of going away at that time. I now remember nothing to fix the particular night before Captain Cain died. Emma Brig nail Ostler: 1 was a friend of the late Captain Cain, and am a friend of Mrs Hall. I remember dining at Captain Cain’s before Miss Gillon’a visit, some time in December. ' Mrs Newton, Captain Caio, Hall, and myself were present at dinner. Captain Cain wanted a drink, and Hall was going to help him from the spirit stand on the table, when the former said the spirits made him sick. Hall then went to the cupboard and poured out something into a glass which he had taken from the table at the side of Captain Cain. He stooped down at tho cupboard, and I could not see what he poured from. The cupboard door being between us prevented me from seeing what he was doing. 1 could only see his body. Hall next placed the tumbler alongside the C»ptain, and some water was placed in it from a green jug on -the table. I did not take notica whether the Captain drank from the tumbler or not. The Captain beoame very sick at dinner, vomited in the room, and had to leave it. This was while tha dinner was going on. Mrs Newton and I helped him from the room. To His Worship ; He did not make any complaint. He was’too ill. A doctor was sent for. To Mr White: IdU not remain long in the house. I understood Miss Houston was away with Mrs Hall at Compstall (hat day. The Captain appeared to be better than urual before he commenced his dinner. I bad seen him frequently. Shortly

before the Captain’s death I was present with Mr and Mrs Newton, when Hall asked Mr* Newton “ whether it would, right for the doctors to give him something to make him die more easily, seeing how be was suffering.” Hall has said two or three times in my presence that there was no chance of the Captain recovering, or words to that effect. On one occasion when Hail spoke of the torpors g'ving Cain something he said tu. t Cain could not recover. To Mr Perry: Hall never quarrelled with me. He wrote me a letter on the 30th June, stating that I must not go near the house to see Mrs Hall. I wag not annoyed by. this letter, as I knew the reason it bad been sent. I understood Hall was referring to the doctors when he spoke of Captain Cain having something to make him die more easily. I never dreamt he meant anything else ; not to Hall himself giving Cain something. The letter, of which the following is a copy, was then put in and marked B 17; “Timaru, 30th June, 1886. “ To Mrs Ostler, Tiraarn, “ Madam,—-To prevent the possibility of misunderstanding or the chance of ( blame resting on the wrong shoulders, I beg to say it was entirely by my desire that Mrs Newton suggested to you that your visits to Woodlands should be less frequent than formerly/ I was aware that you never had been friendly disposed to me, and that yon had at different times without any justification or right not hesitated to go out of yonr way to say I unpleasant things of me. Knowing this it was impossible I could regard your intimacy with my wife with any feelings of pleasure, nnd I concluded it was desirable it should not be continued as closely , as formerly. To show how thoroughly right I was Ifind that in your short visit of yesterday you made full use of your opportunity to do as much mischief as possible. From my wife I learn that you tried to sow discord in my house I by intimating to a member of my houseI hold that ‘you knew a thing ortwo about I me,’ and that I was afraid of you coming to my house. This is bad enough, to attempt to upset my domestic arrangements behind my back, but my wife tells me you also went out of yonr way and to s comparative stranger accused; my father of having ' cheated the late Mr Ostler oat of bis run.’ That is the expression I am told yon used. The statement about myself l am indifferent to, but when the good name of my lather is thas maliciously and slanderously impunged I am not disposed to allow it to pass, especially when made by a visitor to my house, and to a member of my household. I must therefore beg that you be good enoughto discontinue your visits in future aliogethtr. Yours obediently, “ T. Hail.” Witness to Mr White: The 4*unpleasant things ” Hall accused me of saying referred to my telling some ladies that I thought Hall was poisoning his wife. 1 told Mrs Newton that Mrs Hall was being poisoned, I was afraid by Mr Hall., I thought that at the time I received the letter that Hall had left off poisoning his wife. ' The Court Ihen adjourned till tho following morning. WEDNESDAY, DECEMBER 2. The bearing of the case was - resumed on Wednesday morning with the reexamination of Mrs Ostler. Mrs Ostler, re-examined by Mr White: It was months before I received the latter that I said anything abont Hall poisoning his wife to Mrs Newton. I also told Hall that 1 was sure his wife was being poisoned, about nine months before receiving the- letter. This was on the first and 'second days of Mrs Hall’s illness at Compstall. 1 spoke to Miss Houston on the day before I received the letter, walking home from Hull’s house. I asked Miss Houston why she had not been to see me, and she said,that there had been a quarrel between the f old Halls and me, and Hall (the prisoner) would on that account not let bis wife come to sea me. I told her there had been no quarrel except between my husband and old Mr Hall. I did not use the expression given in the letter that “ Hall’s father had cheated Mr Ostler out of his ran,” I said my husband had been cheated. William Arthur Mason, cleik in the N.M. and A. Co., deposed : I was a good deal with Captain Cain in tbs evenings for some considerable time before bis death. He vomited a good deal. I first saw him vomit 'either at the end of November or the beginning of December. I occasionally went to see him in the evenings before that time. Mr Perry objected to the evidence, but His Worship, after bearing Mr White, said he would take it making a note of the objection. Witness continued : 1 remember.at one time Captain Cain saying that he' had taken his grog for fifty years and could not say why it disagreed with him. 1 think I saw Captain Cain the night before he died, but I will not swear whether it was that night or the night before. I did not notice that be appeared weaker than be hnd been during the previous six weeks. " Cross-examined by Mr Perry ; I could not say it Captain Cain’s body was much swollen as I did not examine him carefully. I have taken grog at Captain Cain’s, but 1 dp not recollect taking any for a month previous to his death. It did not disagree with me. Tho whisky I had was taken from the ordinary decanter from which everyone was eforved. This was before Captain Cain took to his bed, and it was kept in the ordinary place in the cheffooier on the top of the cupboard. I did not sit with Captain Cain as an invalid but as a friend before tho end of November. George Kay, laborer, living in Timarn, deposed ; I went to Woodlands to nurse Captain Cain in January last and remained until his death. Hall came to the house every day, I believe, during the month I was there, with the exception perhaps of one day. He generally came between nine and ten o’clock. He used to remain With the captain from ten to twenty minutes, as near as I could say. used to come at night sometimes about, six o’clock, bat did not remain long on tliese occasions, jhst going into the room and out again. Denis and I took it week about sitting up with Captain Cain at nights. I have a slight recollection of Hall telling me to leave the room on one occasion, and after tint [ always 'used to leave when he cam a in. The Captain was very often sick. I used to 4 find him sick aftqr 1 bad given him his cough

mixture. The mixture was kept on a side table with the grog and wine. I sat np with him the night before he died, and I saw no difference in him till nbout two o’clock, t saw a change in him then, 'which I took for death. Mr Stubbi was sitting up with me that night. I do not remember seeing Hall there, but I did not arrive till eight or nine o’oloek. 1 know Jowsey Jackson, and remember him bringing an invalid bed to the house, and I; gave him a glass of champagne. I never took any whisky in the bouse, but I bad some champagne, I was very sick once on a Saturday in the house, but I cannot say whether I had a glass of wine before that, I swear I was not sick en any other occasion. tVhen the Captain vomited he used to say, “Botheration, could not the doctors giv« me something to stop this 1” To the Bench : I used to give Captain .Cainthe cough mixture after lie had fits of coughing. 1 do not thick 1 took any champagne when 1 gave some to Jackson Hall has told me he had given the Captain what he waited when 1 was out of the room. , , j Jowsev -1 - I on, blacksmith, deposed ; I made -u .u.alid bedatead for Captain Cain, finished it on January 15th, and took it to the house on that day. On the morsing of the 15th Mali told mo he whs very glad 1 had got on with it so quickly as be did not think Captain Cain would live longer than eight or nine days. I took the bed to the house about .1 p.m., and George Kay gave me a glass of champagne which was taken out of the room that bad been occupied by Captain Cain up t® that day, Tbe bottle was fitted with a patent stopper and the champagne made me very sick. I had taken nothing to ®at or drink that morning after breakfast. I never bad a sick attack like that before. Francis Worcester Stubbs, agent, living in Timaru,, deposed to visiting tbe late Captain Cain on the 13th January, and to giving him some champagne, which, so far as the witness could see did him uo harm. He remembered Hall being at the house the day the invalid bed was taken up, and he (witness) asked Hall how the Captain was. Hall replied that Captain Cain could not possibly get over the night. Witness subsequently remarked that ha thought the Captain was better. He had seen the Captain vomit, but it was always after taking spirits. He sat up with the Captain the night before he died, and did not see Hall there. Patrick Maclntyre deposed : I am a duly qualified medical practitioner residing in Timatu. I attended Captain Cain for many years up to the time of his death. 1 was present at the cemetery on September 27tb, when a body was exhumed, which I believe was that of Captain Cain. It was exhumed fiom the grave in which I saw Captain Cain buried, and the little toe of each foot was entirely missing. Captain Cain lost the* little toe of his right foot about eighteen months before his death. This was caused by mortification. Captain Cain was seriously ill for six months before his death- I began to attend Captain Cain in July, 1885. I visited him on the 9th and 10th of July, on the 31st August, sth September, 3rd and 7tb November, and from the 17th to tbe 31st December inclusive daily. 1 1 visited Captain Cain almost every day irom the end of December till his death. He was suffering from kidney disease and dropsy, and also general debility of the system, continuing from his previous illness. I first prescribed for the vomiting on the 24th December, and I did not know of its existence before that date. Vomiting might arise and frequently does from the diseases which 1 have described, particularly from kidney affections. In jry prescriptions there was nothing to produce vomiting. 1 also prescribed stimulants, sp rits and tonic, and at one time champagne, and at another claret and Australian wine and probably port. I would not expect any of these stimulants to cause vomiting. None of my prescriptions contained atropia, colchicum, or antimony, or any preparation of these things. Captain Cain once complained to me of his whisky making him sick. This was a few *eeks before his death. By a few weeks I mean within two months, but I cannot fix the exact date. I do not remember whether it was before or, after Christmas. I last saw Captain Cain the day before his death. He was much worsa then than he had been for some weeks before. The administration of atropia, coicbicum, or antimony to anyone in Captain Cain’s condition would certainly accelerate death, Hall had conversations with me during Captain Cain’s illness. They were mostly enquiries as to how the case was progressing, and on one occasion Hall asked me how long the Captain was likely to live. Atropia or colchicum taken into the system would not be discovered by analysis eight or nine months after death. Antimony would be found after the same v lapse of time. . Cross-examined by Mr Perry : Cain was suffering from chronic kidney disease during bis last illness and probably Bright’s disease, but I did not examine him thoroughly to see. The legs and body, and particularly the left hand, were much swollen during the latter part of tbe illness. I only remember one sore oh. the body, a small ulcer, and a small deep hole in the sole of one of his feet, but bis legs had not gangrened. 1 considered his recovery hopeless throughout the last illness, and told members of the family that he might die at any moment or live for weeks or months. I have no distinct recollection of telling this to Hall but very possibly I did do so. I do not j recollect that there was a very offensive smell from the body of Captain Cain during bis last illness. I do not remember what reply I made to Hall when ho - asked me bow long Captain Cain would live. It would probably be the same answer I gave to other members of the My prescriptions during Cain’s : last illness were merely palliatives, but to a certain extent curative. Tlie medicines given for the kidney disease and the dropsy were palliative and to reduce the dropsy. I did not) expect to cure either the* kidney disease or the dropsy. The symptoms at the beginning of Cain’s last illness were general debility, with increasing dropsy, particularly of the legs, and afterwards extending up to tbe lower parts of the body. There was also dropsy - Of -both hands, most marked r.- in the; left band. He also Buff-red from .. chronic bronchitis and vomiting ; the latter I first treated him for on tbe 24tn December. I also treated him for diarrhoea during the last month of bis lilnen. Dropsy acting on (fca heart Vas

not, in my opinion, the immediate canae of death. The immediate cause of donth vbb kidney disease nnd dropsy in a constitution already enfaebled through impaired heart action. I never told Hall thal dropsy would soon reach Cains heart and death would immediately fol°Dr Richard Bowen Hogg, after deposing to the exhumation of the body, said ; We removed the stomach, a portion of the email and large intestines, the bladder, portion of the liver, the epleen and the kidneys. They were placed io four new clean bott'ea hy Dr Ogstoo and myself. The bottles were corked and sealed v It!' Dr Ogston’s private seal and taken next day to Dunedin by myself and Dr Ogstoo. There was also some liquid put into the bottles, taken from the chest and from the bladder and from the peritooeal cavity. The analysis was commenced on ih< night of our arrival in Dunedin, by tnyse-f, Professor Black and Dr Ogston »t the University laboratory. We discovered a timooy in all the organa. We analysed a portion of the contents of each jir, and found antimony iu each. I should not expect to find 'truces of col* cbicum or atropia in a body nine months buried if such poisons h»d been administered during life, Atropia and colchicain are deadly poisons. Cross-examined by Mr Perry ; We did not test for atiopi* or colchicum. The urinous fluid iu the bottle containing the bladder wss tested. There may, perhaps, have been some other fluid in the same bottle. In the lour bottles we did not keep the organs or fluids separate. A separate analysis was made of part of the contents of each bottle. It was decided to postpone tbe further cross-examination of the witness till tbs following morning and the Court adjourned.