THE TIMARU POISONING CASE.

Auckland Star, Volume XVII, Issue 246, 19 October 1886, Page 3

THE TIMARU POISONING CASE.

(BY TELEURAPII—OWN ..CORRKSrONDKNT.)

To-day's Proceedings.

CußiKTCiiuitun, this tlay. On resuming to-day, Mr Joynt wished His Honor to direct the jury that there was no evidence that poison waß taken into the stomach, and that thorofore there was no administering.

His Honor simply laughed at tho suggestion. Mr Joynt then cited a caso.' His Honor interrupting, Eaid that tlio authorities ciled wero entirely irrevelant to the case. Mr Joynt—l am submitting my authorities to the jury. , His Honor : Pardon me ; you were sub- : mitting them to them, and asking mo to direct.

Mr Joynt : On tho legal aapect of the case.

His Honor : With regard to this point I shall not direct tho jury at all.

Mr Joynt said he could not do moro than ask tho Court to so direct the jury. Itosuming his comments on tho ovidonce, tho loornod counsol said tho domestics were calletl to suggest unchastity and immorality on tho part of tho prisoners —an imputation which had been proved to bo entirely without foundation. Miss Houston had boon doscribed as modest, retiring, anel ladylike ; and yet tho jury wore asked to believe that sho had boldly walked into the dining-room aiid asked Hall to fasten her stays. He invited the jury to discredit this evidonco entirely, anel to believo that it had been manufactured by tho girl Hasson, because she hud boen charged with pilfering wines. The cvi donee of Joannie Turnbuli was also givon with a strong bias, and ho asked the jury to reject this testimony as utterly worthbless, and evidonco of a most deprav-eel mind givon with tlio doliberato intention to ruin tho fomalo prisoner. In Watkins's chemist shop all the mixtures wero compounded, yet, strange to say, Mr Watkiris was not called.

Tho Attorney-Gonoral : Mr Watkins is doad. (Laugher.)

Mr Joynt said thoro was was no evidence that the drugs, in being compounded, did not contain delo orious matters; Was it not more liki ly ilint' modiciiits would contain a bottor drug liko antimony than tho food ? If farinacoous food woro made the vehicle of an astringont substance the bitter taste would probably have been detoctod by Nurse Ellison Without imputing anything to Watkin's shop, he said tho jury had no riglit to assuiiio that tho drugs obtained from that establishment woro chemically pure. Coming to Hall's conduct, it was plain that ho purchased all his poisons openly in Tiraard, and tlio aseor: tions ho made for thoir uso had not boon ' disproved. Hutton, tho bookseller, fi-om whom "Taylor on Poisons" was allegod to have been purchased by Hall, had posed boforo tho jtiry as tho buffoon of tho case. If his evidence was to be relied on, Hall, by making a falso ontry in tho book at tlio timo, was manufanturing ovidcnco against himsolf. The learnod counsel askod tho jury io look on tho witness as a man who was half buffoon and half ma iciou?, Moreover, was it not moro probable that Hutton had consigned tho ladios to perdition, and not Hall. According to Professor Black's evidonco, antimo-iy was the most onsily dotcctcd of all poisons, and was it likely that tho prisoner, with this book on tho subject in his possession, wotild resort tb antimony to poison hia wifo? The nurse gave tho medieinos to . tho patient, and surely if any poison woro administered with tho medicines it could not hat'O beon by tho prisoner Hall. Coming to Hall's confession, ho pointed out that tho ovidenco of police otlic rs as a rulo showed tho intention to colour and strain, without perhaps tho intention so to do, and some allowance should bo made for the words of those gotting up a prosecution and endeavouring to eecuro a conviction. At tho timo of his arrest appearances cortainly looked against Hall. Seeing tho ovidcnco of poison around him, it Has probablo the words ho used woro :— " You, Miss Houston, ure all right. I cannot possibly got out of thoso suspicious evidences against trie." Such statements were made hastily, under footings of strong excitement, and wero not to bo taken as deliberate ovidenco of guilt. Could the jury believe all the prisoner's acts of solicitude towards his wife went to show not only that ho intended to kill her, but that ho was a gross hypocrite as well. Early in July, before th re was any suspicion of foul play, Hall ask.d Nurse Ellison to save tome of her oxecrotion for purposes of analysis. This was tho first suggestion aa to tho odnsability of an analysis. Was such conduct consistent with guilt Dr. McIntyre, anxious to have all tho kudos, said that ho alono had lirst suggested the various conultations held. Nurse Ellison, who waa an impartial witness, had, on the other hand, said that Hall suggosled the tirst consultation. Seeing that DrJStackpolo was a friend of Hall's fotnily, waa it not mc-ro roasonablo that Hall suggested him as oo - consultant rather than Dr. Mclutyro? As to tho final consultation, neither Dr- Drew nor Dr. Mclutyro had tho manliness to euggest to Dr. Lovegrovo what their s-uspicions were. Tho latter, though tho eonior consulationisto, was allowed by his associates to gropa in the dark, and in not cotnmunicatfng to him their suep'cons the othor two wore guilty of tho grossest direliction of duty, and of the grossest dishonesty as professional men. Doll's conduct in sending the vomit and urine to Drs. Lovegrovo and Mclntyrc was inconsistent with guilt. Throughout he had courted analysis, and blamed Dr, Mclntyro for inattention. Instead of wanting to destroy his wife he was anxious for continual consultations, ani blamed his family physician for ouly paying perfunctory visits. In conclusion, tho learned Counsel eaid ho could repeat his reflections on the attitude of the Crown in not calling Mrs Hall. She alono could havo spokee to hor feelings and symp'oms, and tho Crown, in the interests of public justice, woro abaolutely bound for tho purpose of tho prosecution, to bring forward every piece of available information on which thoy could lay their hands. Tho Crown had been wanting in their duty in not having called Mrs Hall. Thoy had not tocoiisidor any foolings or compassion on her part for tlioso charged with her attemptei tnurdor, but thoy did not put her into tho box, and no ex planation lor hor absence was oll'irca except the s^off of tho Attorney Gone-al, that sho might have been called by tho defence. Tho case was impregnated with mystery, and no doubt thoro wore circumstancos which on tho surface showed guilt on Hall's part; but thero wero also lircumstancos beneath tho suifaco which showed Innocence, and these circumstances cortainly predominated. Considering Hals gonial conduct and the main springs of hl3 action, the jury could como to no othor conclusion than that Hall was entitled to acquittal. The Crown wore to blamo for Iha doubts existing as to tho alleged administration of poison by him. Had Mrs Hall beon called she would havo given a complete narrative of the ovonts — whon thoy occurrod, and how thoy occurred —of her feelings and symptoms, and what had taken place on every occasion between herself and hor husband. If guilty sho would have sheeted tho offence home to him. The Crown in not calling her had been cuilty of gross direloction of duty, and in her absence there must be gravest doubt with regard to the administration on the Sunday morning charged on the indictment. With regard to the other dates there was no evidence of administration. He invited the jury to say that tho caso was surrounded with co much doubt and uncertainty that they could not possibly arrive at a verdict of poisoning against the prisoners, or against either of them. He asked at their bands a verdict of acquittal against Hall.

Address of Miss Houston's Counsel. Mr Hay commoncod hia address at 11.2_ Ho said it was not necessary to speak "• great length, because the jury must alio at havo perceived that the charge a ady Miss Houston had completely brokengainst and that not one of the imputation down, against her hai been substantis made a°y detail. There was not ated in of evidence submitted to 8 a tittle she as much as knew or suapoctehow that of the poisoning. She had been sd anything great slander during the last thubjected to so ho put it to thorn that she rco months, merely un acquittal but a co must have not tin of hor character. T mPlele vindici-f.-rth without a stain hat she must go that Hie of which t or blemish on something from tho hey bad heord on her behalf. Counsel witnesses called rumours circulated on t next referred to the v ith regard to the al he eve of this trial Ciptain Cain, and leged poisioning of the iury the neceearnostly urged on

from their minds all impressions caused thereby. It should be borne in mind that Miss Houghton first entorod Hall's houso held in February this year. Apparently she was arrested in the first place berauso it was thought that Hall had shown somo ailection for her. This motive, however, was soon found to bo erroneous. As to the motivo of wanting his wife's money, attributed to Hall for tho commission of tho crimo, directly that ground was taken up it was the duty of prosecution to have released tho femalepiisoner. Counsol then wont through tho evidence, commenting on it, and making several points in favour of his clients.