THE CAIN MURDER CASE.

Temuka Leader, Issue 1544, 25 January 1887, Page 2

THE CAIN MURDER CASE.

, THE CHARGE OF WILFUL MUKDEtt AGAINST THOMAS HALL. [By Telegraph]. , Dunedin, Jan. 25. The trial of Thomas Hall for the murder of Captain Gain commeneed at the Supreme Court this morning. Chief Justice Way, of South Australia, was accommodated with a •eat on the Benoh. The approaeheiof the Court were crowded with persons anxious to obtain ft glimpse of the priioner, but owing to the limited ace-m-aodatioh very few gained admittance lor want of room. Hall is nnohanged in appearanee, and pleaded " Not Guilty " in distinct tonec. Mr B, C. Haigett (Crown Prosecutor), assisted by Mr J. W. White (Grown Prose* . outor, Timaru), appeared for the Crown,'' and Mr V. A, Chapman, with him Mr J, Edmiston (instructed by Mr Perry, Timaru), for the def «noe, The following gentlemen were empanelled and sworn as a ipeoial jury :--WiUiam Henry Churton (foreman), Samuel Binning. ham, Bobt, BrownUe, John Campbell M Morris, John MoKay, Jamei Williams, ~ David Wiihart, William Proudfoot Watson, "" Henry Allen, Jas. Dow, William Aiher, and Chat. McQueen. Ten ipeoial jurorymen applied to be ex* ouied. Seven were let off. The Grown and the priioner each challengsd three joran. Mr Haggett in opening the oaseseid-it ». . would be proved that Captain Cain wee poisoced,and the evideuoe would point to Hall ''' having frequent opportunitiei of administering poison, and that it would be advan* tageoui to him to remove Cain. It would be shown ha would gain by Cain's death; that he had a motive for it; that he had in hip possession the means of oausinf death by I poison; that various kinds of poisons wejN found in his ponMiioa \ that he hfttV uuU

opportunities ofadminiate-ing poiioni; that , lor, »ia»ntl»> prior .to his death Gain's . : . Btomach mnit, hare b«en the receptacle ci Irritant poisons given in larger or leu quantities, and; at different intervals; and lartlj an endeavor would-be made v to show that the eifeoUrWßieiiniilM in thii oaie to another case of attempted pohon. Mr Chapmen objeoted to this opening, •eying that he would, at a proper stage, conlend that evidence of thii tort wai roadmiisible. , ■•> Hie Honor thought it undesirable to men- ' lionit. Mr Haggett urged that he was quite juitified ih to doing, ' The Judge laid thererwasno need to disease the point now. He wai aatiified hii mlingwmcorrect. " ; ■ After detailing the evidence at ooniiderable length Hr Hnggett concluded at fol> ' lows:—You will iee, gentlemen, from what I hare opened what the 1 nature of the oaie is, and yon will Me that as long ai the story ii <it practically leaven only three questions which yon will hare to determine. The issues are these: irirrtly, Was antimony found in Captain Captain Cain's body? if not, there is an end 6o the matter, of course. Secondly, . If antimony was found, did adminiitra' ir n accelerate Captain Cain's deathP /T ' J ilyj Did the prisoner adminuter i.: hese, gentlemen, are the three questions to which your attention will ha»< ;•■! to be directed. It is only with regard to the third question, gentlemsn, that you oan have . ; the eUgbteet doubt/. /You have heard from t»• the motive that lb ; ii suggested the pri V :,toher h*d to wish for Captain Gain's death; ? you ha?e heard the meaDi he had to bring ;' that death about j you have-heard the eymp toiua of Cain's last illness, and you have alio heard the result of ,the analysis, and the par- ' n ticulars of various matters will come out in far greater detail from evidence of witriesies as Uiey are examined before you. The knowledge of the importance, to prisoner od the one hand and to looiety on the other, of -the eoneluiion at which you will have to arrive, should be sufficient to seoure your careful attention to the evidence that will be addneed, and I need not therefore ask it at your handi. You know your duty, gentle- ■■■ men* it ia limply this, that if on the evidence, you are sa«iilled beyond a reagonable doubt that pritorier wis guttty of administering noxious drugs to Captain Cain whioh ao- > eatoritad his death you are bound to find a verdict of guilty, but if, on the contrary,you have reaionabld donbfc. as to whether prisoner did; administer-such drugs theu Srisoner .is 'entitled' to • the benefit ■of the• oubt. Ai I have alreadyi said, gentlemen, I shall have another opportunity hereafter' of commenting on the whole of the evidence that has been given. In the meantime 1 have nothing further to lay to you, we shall proceed to call the evidence. Arthur Stoadman, manager of the Bank ' " of Newj South Welei, and Bobert S. Black ■■'"■ gave'evidence the.same iss in the lower Court relative to prisoner's difficulties. > Charles.A. Wilson, olerk at Hall and Meaaon's, Edward A. Cameron, and Michael : Mitton gave evidenoe as to forgeries, and B. Woolloombe aa to forged-... lignature on mortgage. .John Prater,,shepherd, deposed that he gave Hall £IOO to invest. ■ . - William M. Sims,, acoountant, deposed ; to being appointed liquidator of the firm of Hall.and Meason. Prom examination of r the Arms books to January, 1886, he found , there wm a deficiency of. £5,707 li 31. Witness bad nob taken the-firm's valuation , of properties in Southland. In making bi<j calculations had taken, the valuation of other people, otherwise the estate would have shown a surplus. Arthur Ormiby, solsoitor, gave evidenoe aa to preparing a will by Mn Hall's instsuotiom on July 24, 1885. A few days before that he had seen prisoner, who told him that HrsJHall would eall on him about the will. William Davidson, repreienting ; the AmN tralian Mutual Provident Society, state J that about the beginning of August, 1885,' prisoner saw him reapeoting proposals for insurance on his wife's life. The risk was accepted for two policiei, £3OOO each. • •' . •• Miles J. Knubley gave evidenoe at length re Cain's affairs, and wai orossexamined, but nothing very material was elicited. J. LeCren stated particulars regarding the property invested on aeoonnt of Mrs . Newton and Mrs Hall. Was sure Captain ." Gain did not approve of Hall's marriage, and was not on good terms with Hall at the time. He gave full explanation relative to properties in dispute with prisoner. Dr Hogg gave evidenoe as to Mrs D. Wren's illness, and her deposition was put in»<'- ' , Dr Martin staged it wai impossible for Mra Newton to attend, and her deposition > was putjin.,- ;"--- / JowseyvJaekson gave evidence ai to a i'.: patent invalid bed suppliod for Cain to "'"' prisoner's order. Hall afterwards said he waa glad it waa done io qnickly, ai b* believed Gain would not live more than eight or nine day a. Witness helped to put Cain on the bed. Whilst in the house he had a drink from a bottle of champagne previouily uncorked, whioh made him siek. George William Gardener gave evidence - C ;to conversation with prisoner re letting him .-„ '-» house.' Prisoner isid the. old man might he in a day or two, and be would go into his house then. The Court then adjourned. .. .Fully 600 people assembled to see Hall gi into the prison van, and ha wai freely . hooted. - .