THE CAIN MURDER CASE.

Temuka Leader, Issue 1547, 1 February 1887, Page 3

THE CAIN MURDER CASE.

THE CHARGE OF WILFUL MURDER AGAINST THOMAS HALL. SIXTH DAY—MONDAY. [Bt Telegraph]. From Our Special Correspondent. ■ (Before His Honor Justice Williams, and a Special Jury.) Dunedin, Jan. 29. The trial of Hall for the alleged murder of Captain Cain was resumed to-day. Dr Ogston was submitted to along cross-examination. He took no notes of the post mortem examination, but spoke from memory, and this, with the fact that he paid more particular attention to looking for mineral poisoning, appeared ta be ' relied on by the defence. , Dr Black was next examined, and gave .. the results of all the analyses made in a most minute manner. Mr Denn : fonia then opened the defence. h- said the Crown had absolutely fai.cd to establish the issue they had undertaken to prove. The prosecution bad undertaken to establish ‘ three'propositions—that antimony was found in the body of Captain Cain, ; t that 'the administration of antimony necessarily accelerated his death, and that such antimony was conclusively and Incontestibly proved ta have been given by the prisoner. As to the first of these . !> joints, they necessarily could offer no ‘ ’'evidence,' The whole manipulation of the body, the whole details of the ex- ' animation, had been in the hands of the Crown, and the prisoner was virtually in : their hands so far as that part of the case was concerned, The second point, though to some extent an abstract and technical one, was vital for the prosecution. It was not vital to the defence, of v course, .because an affirmative conclusion might be, come to on it, and the main ground oh which they relied for the defence, would remain untouched. The ' ;Vyidench of the prosecution showed con- ■ ' clhkiveljr that the death of Captain Cain ' was originally’attributed to natural causes. It was now attempted, after a great lapse of time, when the memories of men had altered and the circumstances had become forgotten, to establish a different cboclu- ■; sion. They wished, upon the strength of a loose diagnosis, a careless observation, and a slovenly post mortem— an examination entirely bised from, beginning to end on a foregone conclusion as to the real cause of death—to establish a momentous proposition that the death was conclusively accelerated by the fact of antimony 1 being administered. The evidenceof the prosecution, outside the mere expert evidence, had been clearly and uhequlyocally in the accused's favor as to,the certainty of the acceleration of Cain’s death, and medical evidence . would, be called to prove that, considering the very weak state of Cain it was Impossible to prove affirmatively and conclusively that his death was accelerated cV.-'by' the' ; administration of antimony. I As to the third point, the alleged administration of antimony by Hal), the defence were also necessarily circumscribed as to the evidence they con Id call. The Grown had not attempted to suggest any proved administration of poishn of any kind, but, had relied on a mass of circumstances, which did hot show administration by Hall more than tiny other person. He contended that . the symptoms on which the other side ' l,l relied as being evidence of the administration of poison were shown to be ’ absolutely inconsistent with the adminis- \ tration of poison directly by. Hall Nothing need be said at present as to the ' motive, beyond that the motive set up by the Crown had broken down. In effect, it had been proved that the callous destruction of Captain Cain was resnltless, and must have been known to be resultless at the time tb« murder was said to have been perpetrated. Edward Wakefield, journalist, said he knew accused intimately. He saw the book “ Taylor on Poisons ” in prisoner’s room at Hibbard’s. He also saw the book at Eingdown in 1886. He remem- / bared reading part of the book and talkt ing to prisoner about prussic acid and its effects applied externally in some cases. Hall had (old him that he had picked np ' the book a year or two ago in Dunedin. Benjamin Hibbard, of Timaru, said Erisobervat one time lodged with him. [p-left in 1885. He had seen the book “Taylor on Poisons” in priaoner’s possession in ,1884 or 1883. He had picked up .’ the book, and was under the impression that prisoner’s name, was written >:obliquely at the back of it. He bad informed. Ihe, police that he had seen ,the 1 - Itook in Hall's possession. l i T ’ George: Buchanan, settler at Timaru, said be knew the late Captain Cam, intiin a tely. He sat up with him before his death on alternate nights with Mr Stubbs. ' •. He was mainly alone, but could always 5 get assistance if required. In the early part of the mgbt Cain was chatty, and restless;later on. He had never noticed' deljriuin. He never slept long at any time, sad generally woke np with a % Cough. He never complained of "his cough mixture, bot he always behaved as, ■ “ ’ if be did not like it. Witness dad given him whisky and champagne twice, add 1 neither bad ill effect*. Witness had taken whisky while watching Cain. He had taken it from the same bottle as he gave Cain. He had informed tbs police of what be knew. , To Mr Haggitt; He went to Cain about " eight or nine o’clock. On none of the ■ four nights that be was with Cain was he sick. He thought Cain had whisky ‘ twice ot three times, and it never dis- : • agreed With* him. The cough mixture, he was sure never made him sick. Ho had given champagne or two or three occasions, but could not say, how often. He did not see much difference in Cain on the 27th. He used to sleep best . between two and fire .o’clock, If Kay bad said that on no night was Cain not ; :Biok, he (witness) wonld say Kay had made a mistake, unless be called phlegm , being sick. Witness beard that Cain was in the habit of being sick. He had asked the police what they where summoning him for, as his evidence would not go for much. Witness bad been living in a cottage of old Mr Hall’s. . " 1 To Mr Dennistonn: Was never very intimate with prisoner. Had never exchanged more than twenty worde with prisoner until . after the birth of bis child, when he bed dinner there. , He wee an old friend tf Cain’s, having known him about thirty years. Ithel Morris, of Dunedin, said she had b«M a bridesmaid ot Mm Hall. She had

lived in Woodlands about a fortnight before -he marriage of prisoner. During the time ehs had been at Wot Hands she had seen Cain sick, and on three occasions she saw a basin Inside the captain’s chair to receive the vomit, Thu Court then adjonrned. SEVENTH DAY—MONDAY. Joseph Edwards: Was working for Mr Slatei, draper, at Timaru, and knew Captain Osin. About Jons, July, or August, 1885, be came to the shop to make some purchases. Just after he came into the shop he became sick, and vomited very much. Dr Alexander: Heard the evidence of Dr Maclntyre in the case, and fata deception of Cain’s symptoms the lait day he law himj also the evidence of Mr Stubbs and Mr Kay. 'Mr Chapman: Can yon form any conclusion, having this data before yon, as to irbe'her the manner of Oein’s death was consistent with natural causes. Witness: So far as described it was not altogether inoonsieteu. with Bright’s disease. Mr Chapman : Suppose Bright’s disease to have existed wonld it be reasonable that it might end in nremio poisoning. Witness s Uremic poiioning may occur in any form of Bright’s disease or in any congestion of the kidneys where excretion is deficient. Witness then proceeded to describe Bright's disease and nremio poisoning at soma length. Some of Oain’i symptoms pointed to uremic poisoning. There was sickness and convulsive movements in the disease, which is usually fatal. Could not say with any certainty that Cain’s death was due to kidney disease. Mr Chapman: Was there anything in the symptoms described by Dr Maclntyre on the occasion of bis last visit, and the way Cain died as described by* Messrs Stubbs and Key, distinctly inggestive of antimonial poisoning F Witness: There was nothing distinctive in these symptoms. The vomiting and purging described aa occurring previously were consistent with antimonial poisoning. Some of the systems of antimonial poisoning, | however, were absent. Witness at length described the usual mode of post mortem examinations, and concluded by stating that antimony has a very depressing effect on the 1 system. In. acute disease* there is greater 1 tolerance of antimony. Without complete ' data he should hesitate to give.an opinion si i to whether the administration of antimony i wonld accelerate death. y Cross-examined: Acute disease referred to t as producing tolerance of antimony are , fever, and brain excitement, Uremic ( poiioning occurs infrequently in Bright’s - disease, but often enough for a practitioner tb note it in his experience. It is quite e possible for a man to have a waiting disease, ( and die of something else. In any case f where the heart ie affected antimony would ( be more than ever depressant. Where there 1 ie general debility antimony would increase i the debility. Antimony is not a drag t which would be aied for old persons. In I minut e doses it might be given. c Mr Haggitt: If in Oain’i case there were , nausea, vomiting, diarrhoe, depression, y frequent and feeble pulse, thirst, and gradually increasing weakness, were they , signs of antimonial poisoning f 1 Witneis: They were not inconsistent with 1 antimonial poiioning. 8 The remainder ot the cross-examination s was devoted to a description of the s symptoms of antimonial poisoning, t To His Honor: The symptoms of rapid c uremic poisoning were very striking, and , there Were no symptoms of rapid nremic j. poiioning in Cain’s case. c Dr Maunsell heard Dr Maclntyre describe , the general featurea and symptoms of Cain’s ; case, particularly the symptom! exhibited on : the occasion of his last night’s visit; also 1 heard the witnesses Stnbb’s and Kay’s evi- n denoe descriptive of Cain’s death. They ® were consistent with Bright’s disease, or may have been from uremic poiioning, or p from effusion of serim in the brain, or ex- t travasation of blood upon the brain. Old men with Bright’s disease and diseased 8 arteries frequently die of apoplexy. The c symptoms described as regard* Captain Cain’s death were consistent with one of the terminations to Bright’s diieaia. Had ex- J Eeriance in post mortems, and considered the - rain should have been looked at. 8 Cross-examined: Cain’s condition was not immediately consistent with antimonial i poisoning ; vomiting ought to have eon- t tinned to death. He meant that immediately previous to death the symptoms were more t consistent with uremic poisoning. Antimony g wonld accelerate the death of a man in a , depressed condition, , Dr Blake well had 80 or 40 years experience. ' Formerly had experience in tartar emetic and antimonial poisons, but they 1 were very little hied now/ Heard the ' description of Cain’s case. Sickness from 8 tartar emetic ahould come one hour after i administering it. The data waa imperfect, c but the death was consistent with the t natural termination of Bright’s disease or t nremio coma. Hie opinion was Cain’s death was caused by uremic poisoning , accelerated by alcoholic poisoning. Cross-examined : Saw few symptoms suggesting antimony. Never aaw anyone vomit from nremio poison, Thought small v doses of antimony would in Cain’s case c rather retard than accelerate death; they would be rather beneficial where there was > top much alcohol. , I At 4.30 p,m. Mr Chapman proceeded- to i address the jury, and had not concluded when ] the Court roie. j