THE GAIN POISONING CASE.

Temuka Leader, Issue 1524, 11 December 1886, Page 3

THE GAIN POISONING CASE.

the charge of wilful murder AGAINST THOMAS HALL. Tmaru—Friday, Dec. 11th. [Before J.S. Beswick, Esq., R.M.] Tbs hearing of the charge against Thomas Hall of wilfully murdering the late Captain Henry Cain was resumed at 11 a.m. Mr White prosecuted, and Mr C. T. H. Perry appeared for the accused. Joseph John Hiskens deposed; lam a chemist’s assistant now residing in Dunedin. I went to Eichbaum’s chemist, in 3882. I know the prisoner Hall, «nd on the 28th January, 1886,1 sold to him eyedrops. I know this from the entry in the ledger. They were atropia eyedrops. I find an entiy in my handwriting on 4th N0v.,’1885, showing I sold Hall a solution of atropia on that date. 1 cannot remember making tbe first entry, but I can identify my own handwriting. To the best of my recollection Hall told me he wanted ej ; > -ps for some animal, but I cannot s’ y ■ ether it was for a horse or a dog. Cross-examined: Hall said he wanted tbe eyewash either for a horse or dog. 1 cannot say which. To the Court; On each occaston the proportion of atropia was four grains to the ounce. William Henry Trilford deposed ; I am a groom, and was in Kali’s service about twelve months. 1 left shortly after list Christmas. A foal had something the matter with one of her eyes during the time I was with flail, but I cannot remember in what month this was. It was about six months after I went there, and think the foal fell ill about three months after Hall was married, dome stuff was used for the foal’s eye but I don’t know where it came from. .The foal’s eyes were bad for about three weeks. After Hall’s marriage I used to drive him to

to his office. We used to call at Cam’s house about every morning. Coming from the office in the evening 1 used sometimes take Hall past Captain Cain’s. While at Coropatall flail used to go to Captain Cain’s sometimes at nine o’clock in the evenings. I was not always with him on these occasions but sometimes 1 was. Be used to remain an hour or so and sometimes come home about II o’clock. This occurred some two or three times a week. I sometimes drove flail to his lather s place in the evening, but not often. Hall never told mo on these occasions where he had been or where he was going. While I was in bis qerviee Hall never had any dogs suffering ' from eye affection. Cross-examined by Mr Perry : I do not know when Captain Cain got ill. I do not know where Hall went to when he left Compstsll tn the evenings, hut eom> - times he told me he was going to Captain Cains- i drove Hall to Cain’s n good few times, and now and again I went there at night, but not very often. I cannot recollect driving Hall to Cain’s a night or two before Christmas. I cannot say. positively how long the foal was ill. John Wilson, painter, deposed ; I know the last witness, and went into Hall's •ervice the day he left. I remained till the following March. I looked after the horses. There were two dogs about the place belonging to Hall. Neither the horses nor the dogs had anything the matter with them while 1 was there. During January 1 drove Hall to town occasionally, and sometimes we called st Woodlands. I called for Hall at the office two or three times, and on these occasions we called at Captain Cain’s. Hall used to go inside, and remain sometimes a quarter of an hour, I have got the cart ready on some occasions at night, hut he never told me where he was going, nor did be toll me on his return where he had been. Henry Gardner deposed: I am the licensee of the Sportsman’s Arms, Saltwater Creek. I cannot say the exact date, but I believe it was in Nouember that I treated a mare belonging to Hall. She was ■•'suffering from influenza. I steamed her head with ho( bran. There was nothing the matter with her eyes except that they were effected by the cold. I used no eyewash and got none from Hall. George William Gardener deposed: About the end of January I saw Hall about a hou*e. I offered him mine and he said “ Ihave been making enquiries about a house, but I do not wish to take one really, as I expect Captain Cain will be dead in a day or two, and then we shall get his house." I said “ Oh, then, I suppose it will be too late for me to visit him, and Hall answered “ Yes, it would be,” I heard of Captain Cain’s death about a fortnight after that, before I left the colony. John Fraser deposed ; I am a shepherd • in the Mackenzie Country. I have had money transactions with the firm of Hall and Meason. I gave them neatly £3OO t to invest for me, 1 gave it to Hall and it " has not been returned to me. I received ■ security for £l5O from one Flynn, and Hall showed it to me. The signature to • the document produced (CC) is not in my ‘ handwriting, I never gave Hall or the firm a promissory note. In reply to’His Worship, Mr White said he would not close the case that day but would ask for a further remand for seven days when he would consider whether he would call Professor Black and Dr Ogston. The Court then adjourned till 1.45, and • * on resuming Jane hllis Newton deposed—l reside at present in Melbourne. The accused married my sister in May, 1885. Shortly . after that t'rne I went to live with my father, the late Captain Cain, and, with ’occasional absences, 1 remained there up to the time of bis death. My father and the accused were not on good terms ■ at the time of the marriage, but they afterwards became friendly, I think it was in November that Hall first began to visit the bouse at Woodlands, I was twice ' away from the bouse on a visit, between June, 1885, and January, 1886, but not : between November and January. 1 returned from a visit at the beginning oi .November. From the end of November till the end of January Hall was i frequent visitor at the house, fle called ( < Jfct fihe bouse to see me on my return at .fbo beginning of November. It was at the «nd of that month when he first began . to see th‘ captain. He used to poms first in the morning—and every morning, This 4 /Continued up to the (time of his death, 1 and Hall woqld be witb the captain ten priovtae or fo. I think that no person

war present at these interviews with the captain. Hall used to call again after office hours frequently through the week, and he used to see the captain at those calls. There was a nurse with Captain Gain, but 1 think he used to leave the room when visitors came. Towards the last gall used to come aa late as 10 o’clock at night, and eat up with the captain all night on two occasions. This was about Christmas time, but I do not remember whether the nights were consecutive. I was in the captain s room several times when Hall entered. He used to say “ I have business, I want to speak to your I father.’' He never made any other request j to me. I always left the room then, as I took it for an intimation that 1 was to do se. When Hall entered the roum he used to say “ How are you, captain.]?” I have heard Hall ask him if he (the captain) had had anything lately (meaning liquor). The captain always wanted something to drink, as he was suffering from thirst. 1 have seen H»ll givi Mm champagne and his cough mixture. The captain used to ask for the latter from all his visitors. I cannot say I have seen Hall give Cain anything else. I do not think I did. There was some whisky and port wine in the room. I think the captain had left off whisky from November to the end of January. The liquors I have mentioned were kept on the table in the sick room. After the captain took to his bed the things wore kept on a table,

behind a screen placed between the bed and the door. I cannot say when the captain began to vomit; it was an old thing so far as I remember. I saw the captain sick soon after I returned to the house in November, but I do not remember that he made any remark. He was sick before lunch and he was in the habit of taking wine or whisky after he came in from town. I think he hsd loft off whisky before I went in November. After the captain returned from his drives before dinner he used to take whisky, wine and rum. He gave up drinking whisky when I went to the 1 house and gave as a reason that it made him sick. The words he used were—- “ It’s strange that I should have drank whisky for so many years and now it should make me sick.” He took brandy a few times after giving up whisky, but did not like it, and then took port wine. He drank port till the end, and was not so sick as when he took whisky. 1 remember Mrs Ostler dining at the house on one occasion. Some other lady was there, but i cannot recollect whether it was Miss Gillon or Miss Houston. The captain asked for s 'tnething to drink. I think this was the lust time Hall was there to lunch. There was a decanter of whisky on the table, and my father said, “ Not whiskey, it makes me sick.” Someone said, “There’s some wine in the cupboard.” Hall then took a glass from the table and wont to the cupboard and poured out some wine, port I believe, but I cannot say for certain. 1 did not notice the contents of the glass when it was put on the table. Hall poured some water from the jug into the glass, and placed the latter at Captain Cain’s side. I did not remain in the room long after this, as I was ill and went out. I could not see what Hall poured out when ho went to the cupboard as his back was towards me. I cannot say if he was standing up or stooping down at the time. My father was blind with one eye at this time. There were two bottles of whiskey in use in the house during the captain’s illness, both in the same liquor stand. There was no whisky kept in a special decanter for visitors, and none kept in a bottle in any other room in the house. Cross-examined by Mr Perry: I can remember the captain being sick after I came back in November and before Hall became friends in the latter part of the month. I saw him sick. So far as 1 know Hall did not see my father at that time.

Re-examined by Mr White ; I saw my father sick one or two day* after my return, but I was also told he was sick at other timo*. It was after I cam# back from Dunedin that Hall and my father were reconciled, but I heard before my return that they had spoken, 1 do not know whether Hall and my father spoke before then. 1 cannot say if 1 was present at the reconciliation. I cannot say whether it was days or weeks after I returned that they became friendly. Mr White asked the witness whether she knew that Hall and Captain Cain had an interview before she returned. Mr Perry objected, but His Worship decided against him. Witness continued : I don’t remember hearing from Hall of any interview j taking place. I don’t remember my sister telling me in Hall’s presence that a reconciliation had taken place. I was first informed by a letter I received in Dunedin that Hall and my father had spoken. Mr Perry objected, and His Worship upheld the objection. To the Court: I made a mistake in saying that 1 came back in November ; it was about two days before the Timaru Show, It was a few days after that I saw my father sick. I can only safely say once. He was sick at lunch time, and I think only myself was present. He was very sick. This was the only time 1 saw him sick about this time. This was the last witness, and Mr White applied for a further remand for seven days, which was granted.