THE CAIN MURDER.

Auckland Star, Volume XVIII, Issue 25, 31 January 1887, Page 4

THE CAIN MURDER.

Hall's Defence

(BY TELE(JKAHr-]'KKSH ASSOCIATION )

Dunedin, Saturday. In the trial of Hall for tho murder of Captain Cain, Dr. Ogston was submitted to a long cross-examination. Ho said ho took no notes of the post mortem examination, but spoke from memory. Dr. Black v/ai next examined, and gavo tho results of an analysis which he had rnado. This closed the case for tho prosecution.

Mr Donniston, in opening tlio defence, taid the Crown had absolutely f;:iled to establish Iho iaauo they had undertukvn to prove. The prosecution had undertaken to establish thveo propositions: That antimony waa found in tho body of Captain CuiD ; that the administration of antimony had noceesarily accelerated his death ; and that such antimony wus conclusively and incontestably proved to have been given by the prisoner. As to the first of these point*, they necessarily could offer no evidence. The whole manipulation of the body, tho whole details of the examination, had been in the hands of tho Crown, and the prisoner was virtually in their hands so far as that part of the ca«o wiib concerned. The Eccond point, though to eomo extent abstract and technical, waß vital for tho prosecution. It was not co for the defenco, of course, because an aftirinath'6 conclusion might be come to on it, and the main ground on which they relied for the dofenco would remain untouched. Tho evidenco of the prosecution shoivod conclusively that the death of Captain Cain was originally attributed to natural causes. It was now attompted, after a great lapse of time, when the memories of men had altered, and the circumstances hud becomo forgotten, to ostablish a different conclusion They rolied upon tlie strength of a looeo diagnosis, a careless observation, and a' slovenly post mortem examination, entirely bas-)d, from beginning to ontl, on a foregone conclusion as to the real causo of deuth. to establish tho momontous issue that tho death of Captain Cain wae conclusively accelerated by tho fuct of antimony being administered. Tho evidence of the prosocution, outeirio tho irero expert evidonco, had been clearly and Unequivocally in the accused's favour. Aa to the certoiiity of tho acceleration of Cain'd death, medical evidence would bo called to prove that, considering the very weak state of Cain, it was impossible to prove affirmatively and conclusively that his death was accelerated by tho administration of antimony. It was for the other side to absolutely and conclusively provo that death wa3 so accelerated, and that Captain Cain muat have lived after tho date he did but for tho administration of antimony during his life. It wae unnecessary for the defence to establish that this antimony, if it wero administered all, was not a depressent, or that it could not have a eood effect on tho doceasod. They had simply to prove that the data was so imperfect as to make it impossible for any person to speak positively that death was accelerated by the administration of antimony. As to the third point, the alleged administration of antimony by Hall, the defenco wero also necessarily circumscribed as to tho evidence they could call. The Crown had not attempted to suggost any proved administration of poison of any kind, but had relied on amass of circumatancos, which uid not show administration by Hall moro than by any other pen-on. The Crown i-praug from one point to another, suggesting whisky, champ3gne, and cough mixture aa tho means of conveying the poisonous drug. Ho contended that the symptoms on which tho other sido relied an being evi'ler.ce of tho administration of poison wore ebo.vn to beabeoutoly inconsistent with tbo administration of poison directly by Hull. Tho Crown had practically rolied on eiuiply placing before tho jury in a mass tha details of Captain Gain's last illnesp, and proving tbat Hall could have administered poison, trusting to prejudice and ill will, arising from circumstances which it would be impossible to ignore, and which had boon introduced into this ciee, to induce tho jury to linda verdict which the evidenco placed before them oouldnot possibly lead thorn to do. He put it to them as reasonable men that it was impossible to say from tho evidence given, troni the circumstances attending Captain Cain's death, the manner in which bis meals and medicine were administered, the manner in which he was attended ,o, tho circumstances of hia nursing, and tho symptoms ■ it was impossible for them, apart from tho shadow attempted to bo thrown over this trial by other circumstances and other event? to find I hat the prisoner, any more than any other person, had anj thing to do with the administering of poison, if administered it was. Nothing need bo paid at present as to motive, beyond that the Crown had broken down.

Edward Wakelield, M.H.K., was the fir^t witness called He i-r.id he know the ac cuecd. Ho paw tho book, "Taylor on Poieonp," in prisoner's room at Hibbard's. He also saw tbe book at Kingdown in 18S5. He remombered readirg part of the^ook, and talking to prisoner about prus.-* ><tcid and its eii'ecti applkd externally in" Rome cast?. Hull had told him that he hud pbked up the book a year or two ago in L'unedin. Benj'jmin Hibbard, Timuru, taid at ono time the piieonor lodged with him. He left in 1835. Ho had eeen tho book " Taylor on Poisons" in the prieonor's possession in 1881 or 18S5 Ho bad picked up the book, and was undor the impression thaf the prisoner's name waa written obliquely at tho back of it, Ho had informed the police that he had eeen the book in Hall's poe£O3sion.

To Mr Hnggitt : Was positive on the point that prisoner had the book " Taylor sure that he had informed tho police before tho Chrietcburcn trial. He could not §ay if the book was the ono produced, but wes sure it was "Taylor on Poisons."

George Buchanan, settler, Timaru. said he know the late Captain Cain. He fat up with him before hie death on alternate nights with Stubb.i He was mainly alone, but could always get asaietanca il required. In the early part of the night, Cain was chatty, and restless later on Ho had nevor noticed delirium. He never slopt long at any time, and generally woke up with a cough. He nevor complained of the cough mixture, but always behaved as if he did not like it. Witness had given him whisky and champagne twice, and neither time had there been ill effects. Witness bad taken whisky while watching Cain and had taken it from the same bottle as he gavo Cain. He had informed tho police of what he knew.

To His Honor : Ho haj sat up nights with Cain.

To Mr Denniston : Cain was cheerful and chatty, and talked of old times.

To Mr Haggitt : Ho wont to Cain about 8 or 9 o'clock. Stubbs was with him for an hour or so. Both Kaye and Wren used to be in the room. When together it was generally to attend Cain. On none of the lour nights that he was with Cain waa ho sick. He thought Cain had whisky twice or three times, and it never disagreed with him. The cough mixture, he waa sure, never made him tick. He had given champagne ou two or three occasions, but could not say how ofton. He did not see much difference in Cain on the 27th. He used to sleep best between two and live o'clock. If Kaye had eaid that on no night waa Cain not eick he (witness) would say he had made a mistake, unless he called bringing up phlegm being sick. Witness heard that Cain was in the habit of beiug sick. He had asked tho police what they were summoning him for, as his evidence would not go for much Witness had been living in a cottage of old Mr Hall's. To Mr Denniaton : Was never intimate with the prieoDer Had never exchanged more than twenty words with him till after the birth of his child. The reason he had dinner there was that he waa an old friend of Cain's having known him about 30 years. Ethel Morris. Dunedin. said sho-had been a bridesmaid of Mrs Hall. She had lived at Woodlands about a fortnight before the marriage of the prisoner. During the time she had been at Woodlands ehe had seen Cain eiok, and on three occasions she saw a basin by the fcide of the captain's chair to receive vomit.

The Court then adjourned till Monday. The case is not expected to conclude before late on Tuesday, and will probably extend to Wednesday.