THE TIMARU MURDER. [BY TELEGRAPH-PRESS ASSOCIATION.] Timaru, Tuesday.

Waikato Times, Volume XXVII, Issue 2247, 2 December 1886, Page 2

THE TIMARU MURDER. [BY TELEGRAPH-PRESS ASSOCIATION.] Timaru, Tuesday.

The bearing of the charge against Hall for the murder of Captain Cain was resumed to-day. Several witnesses were examined as to the forgery cases. Bridget Wren deposed : I atn the wife of Denis Wren, gardener, of Timaru. I was a domestic servant to the late Captain Cain up to the time of his death. Ho was ill about four mouths before that, and during this illness he lost the small too of the right foot. The captain was very nick at time*, and first began to vomit about four month* before death. The captain was not very bad about this time. Mr and Mrs Newton were at the house. 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 cannot remember if the Captain vomited before or after Patterson came. The Captain was sick before Hall made up friends with him. I can't remember the month. The Captain commenced to vomit over two months bofore taking to his bod. Hall first commenced to call and see the captain about two months before he died. He used to come in the mornings about ten o'clock, nearly every morning, and sometimes »t luncheon time. I only remember him coming twice to luncheon. The Captain had lunch at the same table on one of these occasions. Hall used to call at the house on his way home from the office at about six o'clock. He used to call in nearly every evening, and remain half an hour, sometimes less. Only twice, so far as I can recollect, did Hall come back and sit up with the Captain. The nights followed one another, and wpre before Christmas, the one being the night before, and the other Christmas eve. I saw Mrs Newton in the diningroom at eleven o'clock. I heard h«r say she was going to sit up with the captain also, and I believed from this that she did so. After Christmas, George Kay came up and used to attend on the captain. I think I did see the captain vomit before November, but how long before I can't remember. In December he was oftener 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 whi?>ky with his lunch, and he usod to vomit after taking it. I am quite sure it was at luncheon time that he was sick, not before or after breakfast. Mr Patterson, as well as I can remember, was in the house about threw months before the captain's death. Mrs Newton left about the same time. It might have been a few days later. Mr. Perry: Do you know what the captain was suffering from when he lost his toe ? His Worship : Is not this a question for the medical man. Mr. Perry : I don't know if they are going to call a inodical man. Mr. White: I intend to call Dr. Mclutyre. He will tell Mr. Peiry about the illne«s. Mr. Perry: I will only ask the witness, your Worship, some general questions. Witness, to Mr. Perry : Dunn l'the illness 18 months before the captain's death ho vomited once. He was very bad. and had to take to his bed a few days. He w.is a good while ill with his foot. 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 not taken out of the room but if people cune to the house whisky was lakon from the stand for them. To His Worship : The whi«ky was not in any b »ttle-», only in that st.md. I was near the ciptain in his last illness, and noticed that one of his hanM.s was veiy much swollen, Ido not know if Hall b;\w Captain Cain every time he called. He could have t>een him unknown to me. J have seen champ igne in the sick room. The bottle had a champagne cork in it. To His Worship: I saw the captain vomit only on the one day during his illness when he lost his toe. Denis Wren said : I am a gardener, living in Timaru. I remember Captain Cain having an illness months before he died. Ido not know what he was suffering from. It was sore toes, I think. He lost the little toe of his right foot a good while before his death, but I • could not say if it was oijjhteen months before his death. During this illness I do not remember if he vomited or not. Hall used to come to the house, so far as I knew some three or four months before Cain's death. When he first came I don't think he used to see the captain. He saw him just before his death ; about two or three months, so far as I knew. He came oftener to the house after he first saw the captain. Hall used to come every morning about ten o'clock after the captain beeran to vomit and took to his bed, leaving Mrs Hall at the house. Hall used to «tay about a quarter of an hour at the house. I !>aw him twice or more at the house at luncheon time, and many times of an evening between five and seven. He user! to see the captain and have a chat with him, remaining alone, as I used to g,» out of the room. The calls used to take place nearly every eveninjr. I have seen Hall at the house later than siv, a good few times between eight and nine o'clock. He used to stay till about ten o'clock, and would stop and have tea. He had remained all night with the captain on two occasions. This was about Chtistmas. I have been in Cain's loom when Hall came to it. Sometimes I did not remain there. The reason why I did not remain always was because Hall said he wanted to >-peak to the old man himself. I was aftener absent than present when Hall was with Cain, and I was not there the night Hall «at up with Cain. Hill made the first remark to me about Cain's health. A few days before Christmas Day Cain sent me out to Compstall for Hall, as he (Cain) had taken very sick. Hall said to me that he was very glad he had made fiiends with the old chap. Some time afterwards Hall said he thought that the captain would not get over it. Hall mcd to ask me how the old man was. I sometimes said he was better. Hall said that, Cain could not possibly get over it. This was about a fortnight before Cain's death. I never saw the captain after he took to his bed, but heard he was sick before this. I heard this from the girl, the housemaid, who is now my wife. I saw the captain a day ot two before he took to his bed, and never saw him sick. To Mr Perry : It was about three months betore Captain Cain died that Hall became friendly with him. This is as near as I can recollect. It was not shortly before 1 went to the house at Compstall. I think I am certain of this. When Hall saw the captain of an evening he usually only remained with him for ten minutes. Other people used to come and see Cain in the sick room as well as Hall. I sometimes left the room when tl\oy were there. I did not always leave the room when strangers came. Kay and I helped to nur>o the Captain during his last illness. His legs were bandaged during the last fortnight, at least one of his le{;-.. The bandages were put on because one of his feet was sore. His legs and the lower part of his body were much swollen at this time. A kind of oilcloth was put under him in the | bed because water was coining from In-, leg and thigh. The skin of his leg was \eiy sore, but there was no appearance of any sores. The body was not much swollen, but the lower part of the body and le/s were swollen. 1 was there up to twehe o'clock of the night he died. I spoke to him then. The captain was fairly cheerful then. His voice was strong. I recollect that he said to me " Arn't you going to bed yet?' 1 I said "No, captain; I'll come and bid you good night before I go." I never saw him vomit early in December. He was very sick right through hi.s illness. I used to see the captain during the day, but before I took nursing I did not notice him much in the house. I used to see him outside of a morning and afternoon on the verandah. I did nut sec the captain sick before Decomber. When I called for Hall at his house at Compstall I told him the captain was very bad. I did not hear anyone express the opinion that Cain would not recorer except Mrs Newton. To Mr White: Mr Ziesler and Mr Knubley once camo to soe Cain on business, and the captain told me to leave the room. He never told me te leave when Hall called. To his Worsnip: George Kay and Mr Stubbs sat up with the Captain the night before he died. Mrtrgaret Graham Houston said : I am at present residing in Christchiuch. 1 went to reside at Woodlands on the ls>t December last. Mrs Newton, Denis Wren, and Bridget Wren, who has since, married AVren, were there, and Miss Gillon came on a visit that month, about a week before Christmas. About a week after I went there, Cain camo homo one day and said that he felt very ill; that he had seen Dr. Mclntyre, who had told him that he thought he (the captain) had dropsy. I had been in the house a fortnight when the ciptain took ill. He did not vomit at that time. I only saw him vomit once. I only attended for a few days. Denis and

George Kay attended to the captain, after Kay coming in Januaiy. Up to that time Denis and I had attended to the captain. No one sat np with the captain until a few nights before Kay came. While Denis and I were nursing Cain, if Denis was absent, and the captain wanted him, I used to go and fetch him. Wren used to be in the garden by day, and I was more with Captain Cain than Denis was. I only saw the captain vomit once. Many visit >rs used to com'} and see tho captain, among them being Mrs Hall and the accused. Hall u.sed to coim» in the morning about half-past 9, that being his first visit. His visits were frequent. Every day he would lemain from hve to fifteen minutes. He used to bring Mrs Hall with him, and when he went away after his morning visit, Mrs Hall used t'» stay. Hull used to return about sin the evening. Mrs Hall generally staved all day, till Hall called for her in tho evening. At other times she used to gn to see old Mis Hall, and on these days Mrs H ill, jun., was away from home all day. Hall used to call for his wife every evening and stay ju-t lung enough to get Mrs Hall into the trap. Sometimes he u^ed to stay longer. On a few occasions he stayed as long as an hour. It was about a week before Cain died that he took to his bed, and did not get up again. I did not see Hall go into Cain's room that week. A few days before Christmas Day I rememher the captain getting sick at luncheon when Hall was present, but I cannot fix the date. This would be about three weeks before the captain's death. Shortly before, the din-ing-room was turned into a bedroom for the captain. I don't remember if Mis Ostler was at lunch the day the captain became sick. Mrs Ostler lunched several times about this time at Captain Cain's house. I don't remember the captain being sick on any occasion that Mrs Ostler was there. I took lunch there every day except when I went to Compstall, and Mrs Ostler could not take lunch without I was there. This would be from December Ist to the time of tho captain's death. I remember Capt. Cain br ing sick one day at dinner, but I don't reniein ber if Mrs Ostler wai dining then. I dined in the house every day from December Ist. Hall sat up with the captain threo half nights. They were consecutive nights, and a few days before George Kay came. Mrs Newton was in the house the night before the death of Captain Cain. I don't remember anyone else. On the night before the death, I went into the captain's room just before I vvpnt up to bed, — about half-past ton. (ieoige Kay was in the room, and I think Mrs Stnbbs went from the smokingroom to the sick room. Mrs Newton and I only came from the room together, and went up to bed. I don't remember Mr Mo.ison or Mrs Hall and Mr Hall being there that evening. I gave evidence at the inquest on the 13th of this month, but I don't remember what I said. Mr White was proceeding to read the evidence gi\on by the witness at the inquest when Mr Perry objected. Such a proceeding was the very essence of a leading question. Counsel tor the Crown should beallqwed to lead or cross-examine his own witness. Mr White said h« did not wish to lead the witness. He merely wished to lefresh her memory as to certain facts. Mr Whitethen read a portion of the witness's evidence at the inquiry. Mr Perry : There was very much discussion at tho time over this point, and 1 don't think Mr White has quoted correctly. Mr White : Yes I was very careful and distinct on this point. Witness : I don't remember saying this. Mr White: Do you remember this— " Mr and Mrs Hall went about ten o'clock that night ?" Mr Perry again objected, and a* Mr White took his chair and thr-pvv his brief (in the table said there was no necessity for his learned friend to throw his brief down in such an unpleasant manner. Mr White : I simply ait down to allow you to speak. Mr Perry added that the witness should not bo a.sked about the evidence she gave at the inquest. She should only be asked as to facts relevant to the enquiry. Finally His Worship held with Mr White that the evidence was admissible. In reply to the Bench witness then said : I mean by saying " I think Hall and Mrs Hall went away at ten 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. To Mr White : I remember the whist party. It took place long before Captain Cain died. I know of no invitation being sent out for a whist party for the night before Captain Cain died. I only remember one whist party being held ; that was shortly after Miss Gillon came on a visit, the phyers being Miss Gillon, Mrs Xewton, Hall and myself. Emma Brignall Ostler said : I was a friend of the late Captain Cain, and a friend of Mrs Hall. I remember dining at Captain Cain's before Miss Gillon's visit, some time in December. Mrs Newton, Captain Cain, Hall, and myself were present at dinner. Captain Cain wanted a drink, and Hall was going to help him from the spirits' stand on the table, when the former said the spirits made him sick. Hall then went to the cupboard and poured out something in a glass, which he did take from the table at the side of Captain Cain. He stooped down at the cupboard, and I did not see what he poured from the bottle. The cupboard door being between prevented me from seeing what he was doing. I could only see his b'idy. Hall ne\t placed the tumbler alongside the captain, and something was placed in it from a green jug on the table. I did not take notice whether the Captain drank from the tumbler or not. He became very sick at this dinner, vomited in the room, and had to leave the room. This was while dinner was going on. Mr.s Newton and I helped him from the room. To his Worship : He did not make any complaint. He was too ill. The doctor was sent for. To Mr White : I did not remain long in tho house. I understood Miss Houston was away with Mr:s Hall at Compstall that day. The Captain appeared to be better than usual before he commenced his dinner. 1 had seen him .frequently. When the Captain vomited I am not sure if Hall helped him to his room or went before to prepare the room. I remember beinsr at Woodlands three months after the captain died. Hall saw me home. On the way he .said the house was a very ill-fated one. Shortly before the captain's death I was present, with Mr and Mrs Xewton, when Hall asked Mrs Newton whether it would not be right for the doctors to give him something to make him die more easily, seeing how he was .suffering. Hall had 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 Hall spoke of the doctor giving Cain something, he said he could not recover. To His Worship: I might have heard Hall say this both before and after Chiistma". To Mr Perry : Hall has never quarrelled with me. He wrote me a letter on 30th June, stating that I was not to go near tho house to see Mrs Hall. I was not annoyed by this letter, and knew the reason it had been s.ent. The contents of the letter were as follows: — " Timaru, June 30. To Mrs Ostler, Timaru. Madam,— To prevent the possibility of misunderstanding, or the chance of blame resting on the wrong .shoulders, I beg to say that it was entirely by my desire that Mrs Newton suggested to you that your visits to us should be less frequent than formerly, as I was aware that you never had been friendly disposed to me, and you had at different times without any justification or right not hesitated to go out of your way to say unpleasant things of me. Knowing from this it was impossible I could regard your intimacy with my wife with feelings of pleasure, I concluded it was desirable it should not be continued aq closely as formerly. To show how thoroughly right I was, I find 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 by intimating to a member of my household that you knew a thing or two about me, and that I was afraid of your coming to my house. This was bad enough, to attempt to upset my domestic arrangements behind my back, but my wife tells me you also went out of your way, and to a comparative stranger, accused my father of having 'cheated the late Ostler out of his run.' This is the expression I am told you used. The statament about myself I an indifferent to, but vhon the orood name of my father is thero maliciously and slanderously impugned, I am not disposed to allow it to pass, especially when made by a visitor to my house to a member of my household. I must therefore beg that you will be good enough to discontinue your visits in future altogether. —Yours obediently, T. Hall." The unpleasant things Hall accused me of saying referred to my telling some ladies that I

thought Hall waa poisoning his wife, I told Mrs Newton that Mm Hall was being poisoned. At this stage (half-past four) the Court adjourned until next morning. Wevl. c day. The evidence taken in the li.ill we generally is a repetition of that given at the inquest.