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SATURDAYS PROCEEDINGS.

THE INDICTMENT CHALLENGED.

It is Anticipated that the case for the Crown will close this afternoon. Hall wears a more satisfied air than since the commencement of the trial, and gives one the idea of having hope. His counsel, Mr Joynt, attacks the form of the indictment., I am informed that when Palmer was * fried in Stafford the indictment was for administering tartarised antimony," while the present charge is for administering " a deadly poison called antimony." The Crown, however, do not think anything of the point, and claim the right to amend the indie tmt nt, if necessary. The proceedings were resumed on this sirth day by calling Dr. Hogg, gaol surgeon at Timaru. The new witness first saw the accused, Hall, in gaol on August 17th, and attended him on and off ten days. Witness knew the effect of taking morphia. Hall was not Buffering from the effects of it. Witness saw him twice on the day be fore the arrest. He appeared to be in a good state of health. If a person has been accustomed to much morphia, on sudden cessation he should expect great restlessness within 24 hours, loss of appetite, nonability tosleep,and probably asinking feeling and maybe vomiting and purging. Morphia was not prescribed for him in gaol. A preparation of opium was prescribed on 16th, but not morphia, as administered hypodermally. It was administered because Hall showed tendency to diarrhoea. It was ordered by Dr. Lovegrove, witness being absent at Temuka that day. On August 20 witneeß preecribed a sleeping draught, but that was the only other drug. He was mentally distressed. Sir K. Stout: "Compared with Mias Houston, which was in the best health !" Witness : " I should say Hall." Dr. Mclntyre's evidence as to Mrs Hall's symptoms having been read over, witness said that, taking the symptoms a3 'a whole, he did not know of any known disease to which they could be attributable. He should attribute those symptoms to poison. Antimony, arsenic, orcolchicum might produce such symptoms. •" Poisoning by antimony," ia a usual phrase to use. Ue knew a book on forensic medicine and toxicology, ,1877. by Woodman and Tiddy. It waa recognised by the professor as a standard work. He was not surprised to learn that in that work poisoning by antimony was spoken of when a preparation of an iimony was meant. It was usual to speak of poiaoninEr by arsenic. Hearing of poison by antimony, he should not understand poison by the metal as a base, but by a preparation. Mr Joynt : He went to see Hall in gaol on account of the diarroboea on August 19th. It was passing off, so he did not prescribe. Dr. Lovegrove had prescribed an astringent mixture containing opium, and 16 doses were to be given, a dose every three hours: sleeping-draught would extend over a considerable time. Witness attended Hall for asthma a long time ago. It was reported before his arrest that Hall bad been taking morphia. The witness was closely questioned as to the salts contained in antimony, etc., His Honor remarking that "If tartar emetic is vulgarly know as antimony, I shall hold, Mr Joynt, that will be sufficient for the pur poses of the indictment." Mr Joynt : "We will see more about that presently. I should prefer that your Honor express no opinion at piesent." In answer to Mr Hay, Dr. Hogg Baid he attended Mrs Hall in November, on one occasion. His impression was that Miss Houston was not living there then. Mrs Hall waa vomiting. The vomiting lasted some time. He kept no notes, and could not recollect whether the smyptoms were similar to those described by Dr. Mclntyre as to the patient's recent illness Dr. Stackpole, residing at Waimate, another new witness, said he was called in consultation with Dr. Mclntyre to see Mrs Hall on July 2Sth. He was a friend of Hall's family. He examined Mrs Hall, but found no organic disease, and he was unable to account for the symptoms. He slept in 'he bouse that night. He gave no instructions to Miae Houston about medicine. Dr. Me Intyre being in charge of the case, it would have been unprofessional on his part to do so. Cross-examined : Hall wired for him to Waimate, urging him to go to Woodlands. Prisoner eeemed very anxious about the case, and diatreeeed, and did everything that an anxious husband should do. Mr Hay : He spoke about powders, and urged that they should be given every three or four hours, but could not remember whether he gave instructions to Miss Houston. He would have been careful not to interfere with the nurse ; he knew the nurse's temper too well. ) Mi»s Houston might have construed that he meant that ehe was to administer the powder. He asked Mies Houston to write letting him know how Mrs Hall was. Thomas Howley, clerk of the R.M, Court, Timaru (also a new witness), said that on the evening of Saturday, August 14, witness saw prisoner in the Club Billiardroom playing at a game called "pool." He had ''something, 1 ' and peemed to be in very good spirits. Shortly after the arrest, Mr Cotter, gaolor at Timaru, showed bim a letter addressed to Hall. It commenced — "Dear Tommy Dod," and concluded, "Ever yours, Megrims." Edward George Kerr, proprietor of the " South Canterbury Times, repeated the evidence which he gave in the Lower Court as to the telephonic conversation between Hall and "Megrims." He added that Hall seemed a little fidgety at the time. Benjamin Habbed, grocer, Timaru, deposed to executing Hall's peculiar orders as to kerosene. Previously all kerosene bad been sent to the house direct, and he thought it ptrange when the order was given that Hall should want the tin wrapped up in paper and sent to his office. Andrew Aireon (a boy) gave evidence as to the delivery at Hall's office of the keroaene. Charles Aloysius Wilßon proved its receipt from him. This last witness had been clerk for Hall and Meaeon for six years, but never saw kerosene brought to toe office before. At one stage of the proceedings to-day it seemed probable that the case for the Crown would conclude before the Court rose, but the domestics (Turnbull and Hassen) were subjected to long cross-examination, and thus all hope in that direction was dispelled. At 5.555 p.m. the Attorney-General intimated that he had four more witnesses to call, and suggested that an adjournment till Monday should be made. Mr Justice Johnston, however, was disinclined to accede, and said he had hoped that all the witnesses would be disposed of at that sitting, so that Monday night be devoted to the addresses of the counsel, and Tuesday to the summing up, which was likely to occupy all that day. Mr Joynt laughed at the idea of the three addresses being got off on one day, and said that if he decided not to call witnessesjit would tako him the

greater part of the day to do jußtice to a I cane of such magnitude. Bis Honor then recognised that no saving of time was likely to be effected by completing the Crown wit* nesses right off, and bo, after taking the evl dence of one gentleman, who wished to return to Timaru as speedily as possible, an adjournment till Monday was made. In the forenoon of Monday the remaining witnesses for the prosecution will be taken. Addresses of counsel may be expected to occupy that afternoon and the whole of Tuesday, in which case His Honor should sum up, and this cause celebre will be brought to a conclueion on Wednesday. The feeling continues to run high, and when the female prisoner was driven off this evening in charge of the Addington gaoler she was roundly hooted by the larrikin crowd which had collected outside the Court, and its probable termination is discussed at every street corner, and the feeling that the proof against Miss Houeton is somewhat slender doubtless accounts for the hostility especially displayed against her on her arrival and departure from the Court-house daily.

| The Scientific Evidence. The following are the concluding portions of Dr. Ogaton'e testimony, in which he dealt with Hall's statement that he used antimony for asthma, and-^morphia for sciatica. The witness, in reply to the Attorney-General, Baid : "I never tried cigarettes for atthma, and never heard of antimony being need in cigarettes. I bare practised my profession for 14 years, and I do not think it possible that antimony used in cigarettes could be of any Benefit in asthma. I have tried experiments on two or three occasions since the case, the result of which was to confirm the opinion I had previously held, that it would be of no uee. I don't think antimony would be inhaled in the smoke of it ; when it would be in the soluble metal in very small quantities, it would not be as tartar emetic, even if tarter emetic were ueed to make the cigarettes with. I have heard that the prisoner Hall used morphia injections. If since his arrest no morphia had been given him, th« want of these injections has caused him to suffer no injurious effects. Ido not think he could have been very much addicted to it, or Buffering from morphia poisoning." Mr Jovnt then cross-examined to the following effect, " You have said the symptoms of Mrs Hail's case, on the whole, were not consistent with the existence of any known disease?" " Yes." "Were not those eymptome as a whole consistent with the existence of gastritis?" " No, in gastritis thera would be no purging, nor would you get antimony in the vomit." " Pardon me, will you be good enough to refer to nothing but the symptoms I believe you have been made vee of for some years as a witness in cases of toxicology." " Yes, medicologal cases as an expert on behalf of the Crown." "Invariably for the Grown." "Except in two cases." "Is it not a fact that you always hold yourself in reserve for the Crown?" " Yea." "Itis on the evidenc • you heard by Dr. Mclntyre and Dr. Drew that I wish to examine you, and not on the result of the analyses, but you can separate them. Purging is not present in gastritis ? It is in gastro enteritis," In gastro enteritis, I should not expect a patient to have intermissions of sicknesa, and I should not expect a sudden recovery immediately after the cessation of certain prominenteymptoms." "An irritant poison produces gastroenteritis?" "Gastroenteritis may exist where th9re is no irritant poison ; the state of ekin is not very material, as it is not a symptom at all." " Have you the same view as Dr. Black with regard to Taylor as a toxicologist f "I do not think much of him as a chemist." "Do you think anything of him in the matter of diagnosing symptoms ?" " I don't tnink ho practiced as a physician." •' Now Taylor, in his book on poison^, page 460, the editiou of 1575, refers to Dr. Maiyer; is he an authority'! 1 " "No; I will not say so. It is as far back as 1846 " His Honor : " The science of medical jurisprudence has made great strides ?" "Yee." M.r Joynt : "Is it etill a progressive science?" "Yes." " Then I suppose the next generation will not think much of our chemists?" "I do not think so." "Do you think that coldness of the pkin and clammy perspiration, referred to by Mr Taylor, are characteristics of chronic poisoniug by antimony before death ?" " Yes, they are a sign of death coming on, but not necessarily of the early stages of chronic poisoning." " I suppose the deadly results of any poison in some degree depend on the quantity taken in the system ?" " Yes." "Is it strictly correct to call antimony a poison ?" " Yes." It is correct, though the meral is not poison?" " Yes, the name of the metal is applied generally in our scientific book?, as it refers to the salts combined. I should cay, in speaking of it, poisoning by antimony or by arsenic." "By silver and iron?" "Yes." "Then suppose antimony to be ueed in the arts?" "I know nothing of art chemistry." "Is antimony in its original torm poison or not?" " I really do not know the procesB,it might undergo in the body - it is so complex and varied that 1 cannot say whether it would be a poiaon or not " " Have you any reason to believe it would undergo any change in the body ?" " The probability is it would not unless it lay a long time ; yet it might if it were there a hundred years." " But the probability is that unless it did it would n»t be a poison ?" •« That is so." " Then in order to make antimony a poisonous salt, it is is necessary to combine with other substances?" "Yes." "The popular name applied to the compound, of which oxide of antimony is an element, is tartar emetic?" " Yes." "If you were to aek any chemiat for antimony, he would give you tartar emetic, the fact being that he does not keep the metal antimony in stock ?" " Yes " "la it not a fact that tartar emetic if ueed in medicine does for asthma and bronchitis?" "^es." " Did you find in your analysis by hydrochloric acid any traces of tartar emetic besides the antimonial one?" "In the analysis we do not profess £o specify the various compounds of tartar emetic, It was so taken into the system thatwecouldnotfind emetic. " Colchicum is used medicinly ?" " Yes." "Whatfor?" "Gout." "Perhaps ßciatica?" "No, I do not think it would be of much use." " What is colchicum wine ?" " Colchicum in light' 1 sherry is what misguided people often use who have no appetites." "Did you make a quantative analysis of the brandy?'" "Yea." " What did you mean when you said that injection of the brandy would be fatal?" " Tuat the result in the patient's weak state would be fatal, and would, moreover, depend to a great extent on the quantity injected." "There would be no particular quantity of brandy for the injectiom ?" *• Each doctor has his own idea of stimulants." " How much of that brandy would have been fatal ?" "About half a wine-glaBS full would, I think, have created such a depressed effect as, to have been fatal." " Areyou prepared to cay that if the prisoner Hall had used large quantities of morphia before hia arrest he would be suffering from the want of it?" "It would be contrary to experience if he did not ; he would exhibit great sleeplessness. Ceeeation from poison such as morphia, suddenly would in some cases produce the same effect as if poison had been taken. A person would show signs of

suffering for a week, ~, or a, fortnight, after leaving off the morphia or opium, if he could leave it off at all." Dr. Hogg, of Timaru, was the first witness called to-day, and the feature of hie evidence had reference to the point raised yesterday as to whether the indictment was correct in defining the charge against the » prisoner g as " Attempting to murder ,by administering a certain deadly poison called antimony." Professor Black having stated that the metal antimony would not poison, Dr Hogg said that if one medical man spoke to another of "poisoning by antimony," it would be understood that one of the compounds of antimony would be meant. He illustrated bis meaning by saying that when we speak of lead-poisoning some preparation of lead is meant. In consequence of this evidence His Honor intimated tbat if he were asked by-and-bye to decide, he thought he would hold that if tartar emetic is vulgarly known as antimony, that will be sufficient for the indictment The other evidence taken up to the luncheon adjournment was. not very important. Dr. Stackpolo denied having authorised Miss Houston to administer medicine to Mrs Hall. He said he knew the nurses too well, and he had too much respect for them to interfere with them in any needless way. The afternoon sitting was almost exclusively occupied with the evidence of the two domestics. Jennie Turnbull (who had been in the employ of the Halls {from November, ISBS, till the latter end of May last) stated that she had repeatedly seen Hall enter Miss Houston's bedroom in the morning, but the witness denied any intention of reflecting on the female prisoner's character in connection with those visits. In answer to Mr Joynt, the witness stated that she had seen Hall knock at the door and ask, " Are you up, Miss Houston ?" before going into the bedroom. Miss Houston and hereelf were good friends. On one occasion, witness disapproved of Mies Houston locking the dairy up. His Honor : Was that because cats were about ? Witness : It was because I got the cream. Mr Joynt : You had a pardonable weakness for croam 1 Witness : I did not like skim milk. Mr Joynt : It was a shame to give you skim milk. Who milked the cow ? Witness : The boy John Wilson. Mr Joynt : Gould you not get a mug from him? Witness : No. She could not say whether the wine was kept in the dairy at Woodlands. Mr and Mrs Hall always seemed very fond of each other, and very attentive to each other. Witness never heard any jar or disagreement between them. Mr Hay shortly cross-examined the witness, in the course of which he elicited the opinion from the witness that all Mr Hall j went into Miss Houston's room for was to wake her up in the morning. The new evidence elicited from Mary Hagsen was to the following effect : Some oysters came to tne house on the 26th and 28th June. The fisherman brought the oysters on the 25th, opened them, and put them on a dish in the Bcullery. The oysters were sent into the dining-room in the evening. Next day another lot (about two dozen)' came by the same fisherman, and were opened by him. These also were taken into the dining-room. Miss Houston and Mr Hall dined in the rcom at night. After the oysters came out of the dining-room, witness and the boy Wilson ate some of them, and they were not ill. On the night Mr I Hall took Miss Houston to the Volunteer ball,, she came into the diningroom, and asked him to tighten her stays, and he did bo. Witness never drank either wine or spirits in the house up to the time of the arrest. She had only taken wine twice since — once from Mrs Ellison, and once given by Mrs Hall on the occasion of the christening of , her baby. Witness was two years with the Messrs Le Cren, and for four yearß before tbat with Mr Dawaon, the Rector of the Hisfh School of Timaru. In cross-examination by Mr Joynt, witness baid she remembered the oysters were given on the 25th and 26th June, because it was brought to her recollection by Mrs Hall. The question was nob put to witness in Timaru about the stays. Miss Houston was a girl of very bold manners, a very im-pudent-faced girl. Witness was standing at the table in the dining-room when Misa Houston'asked Mr Hall to tighten her stays. Witness was not surprised. She did not think much or little of Mis 9 Houston. Witness had heard that Mies Houston and Mr Hall had said that she drank, and this did not help her to think much of Miss Houston When Mr Hall spoke through the telephone he said, "Is that you, Megrims?" Witness never heard till she came here for ihis trial that either Mr or Mrs Hall suspected her of drinking, nor did ehe know or suspect she was watched. His Honor : Are you certain that it was her stays she asked Mr Hall to lace up ? Witness : Yes, His Honor : It was not the dresa then ? Witness : No ; she had not her dress on at the time. To Mr Hay : When she saw Hall fasten the stays Houston had not her gloves on. Witness never mentioned this incident to any person. She mentioned it to no one before coming to Christchurch except Mrs Hall. This was after Mrs Hall had mentioned the oysters to her. When witness told her about the stays it was when they were discussing Miss Houston's conduct. Not until coming to Christcburch did she hear of any suggestion against her of taking the wine. She read at Timaru that Mr Kerr had stated in evidence that Hall told him one of his servants drank everything she could lay her hands on, but she did not believe it. Mr Joynt : That is to say, you did not believe Mr Kerr. Witness : I did believe Mr Kerr, but 1 did not believe the party who told him. I was general servant in the house. Mi«s Houston made all the beds in the house, dußted' the dining - room, and looked after the meals. She wae always meddling about the cooking. I recognised the kitchen as my part of the house, but did not get it to myself. When well, Mrs Hall had her meals the came as the others. Miss Houston some times made the beef-tea. We both prepared Mrs Hall's meals. When she had a cold, before Mrs Ellison came, Miss Houston attended her. Henry John Le Cren, in whose employ the last witness had been some months ago, was culled to give evidence as to the girl's conduct and character, but Mr Joynt urged that the evidence was not admissible. The witness's character, he contended, had not been impugned. The Attorney-General said that prisoner had made an insinuation - that the girl was addicted to drink, and he made that an excuse for poisoning the wine. The Crown wished ro show that the girl had borce a high character for sobriety. His Honor ruled that the evidence was clearly inadmissible. The Attorney-General said he had merely tendered his evidence, and should comment on its refusal. Mr Le Cren would have jiroved that four or five months before going

to Hall's' house the girl had charge of a place where wines were kept, and never touched anything. From this fact, coupled with her own denial, he (Sir Robert) would ask the jury to conclude that the prisoner's statement to Mr Kerr wai incorrect. Hie Honor said the point was whether the statement by Hall was true, and that on that he ruled they oould not admit the evidence. The Attorney-General said that what he submitted w»b that Hall had stated the reaeon he had poisoned wine about his house was that he had a servant who drank up everything that waB left, It was for the Crown to show that the excuse was a false one. If they could show that Mary Hassen had had charge of spirits and wine, and had not token any, it would be revelent, Thos. Wells, the billiard-marker at the South Canterbury Club (a new witness), deposed to the prisoner having been in the billiard-room on the Wednesday prior to his arrest. It would be after 6 p.m. Hall left about 6.30 p.m. and returned again. He commenced to play at 10.30 p.m., and concluded at 11 p.m. On the Thursday he was ab the Club, and on the Saturday evening he was there. On the Saturday evening the prisoner put a tin bottle into the fire. He did not put the bottle ioto the fire in the ordinary way, but pushed it right in. The cork flew out, and somebody said "What was that?" He said it was one of Mr Wakefield s- sleeping draughts.

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Bibliographic details

Te Aroha News, Volume IV, Issue 175, 23 October 1886, Page 4 (Supplement)

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3,950

SATURDAYS PROCEEDINGS. THE INDICTMENT CHALLENGED. Te Aroha News, Volume IV, Issue 175, 23 October 1886, Page 4 (Supplement)

SATURDAYS PROCEEDINGS. THE INDICTMENT CHALLENGED. Te Aroha News, Volume IV, Issue 175, 23 October 1886, Page 4 (Supplement)

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