THE STRANGE CASE AT TIMARU.

Press, Volume XLIII, Issue 6546, 15 September 1886, Page 3

THE STRANGE CASE AT TIMARU.

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FURTHER BEMAND.

The attempted wife murder case was rest——d at one o'clock to-day, there being on the Bench the Reeilent Magistrate and Messrs LtCrea sad £-worthy, J.P.'s.

The prisoner, Thomas HaU, was in charge of Gaoler O'Brien, of the Lyttelton Gaol, and waa immediately attended by Warder Michael O'Donovaa. Margaret Graham Hoactcn was in the custody of Gaoler Cotter, of Tim_ra.

Mr J. W. White aad Inspector Bro-am represented the proeccuti—i; Mr C. T. H. Perry appeared for Hall, and Mr Hay for Houston. On tbe Cjurt opening.

Mr White rose and said he understood a formal remand wsuld then be made till two o'clock.

Bos Worship thought it would be better ta take the case there and then. Mr White said in that case he would state that the only application he had to make was for the Bench to further remand the accused till Monday next. Mr Perry strongly objected to this, and said he was prepared to go on with the case at two o'clock, not at one o'clock. His Worship—Very well, then. Well, I adjourn the case till two o'clock. On the Court resuming at the hour named, the room was crowded with people, male and female. Mr White applied for a remand till Monday, the 20t]_ September. On Saturday, the 11th September, he bad seen Dr. Melntyre. Mrs Hall's medical attendant, and had been informed that she was not yet strong enough to appear in Court. He wa* assured it would be a week before she would he able to appt-ar. Knowing this, be had, on the Saturday named, given j notice to the gentlemen engage- on the other side of his intention that day. to apply for a remand. Dr. Melntyre had seen Mrs Hall sgsin that morning, and was ready, if the Bench desired it, to go into the witness box and state that she was still physically not strong enough to come into Court. Farther, that she would not at tbe very earnest be fit to give her evidence till Monday next. This being so, he was unable to go on with the case that day, and asked tor a remand for a week.

His Worship -Th— adjournment is essential, Mr White.

I Mr White;— Quite essential, and very j accessary, your Worship. I ask for the remand ia order that I can lead the evidence of tbe party the prisoners are charged with attempting to murder. 1 will undertake to dose my case oa the day named, aad if Mrs Hall is not able to come oa that day there will be no further application foe adjoora——nt on my part. Mr Perry said be would oppose the app—cation for a remand. The case had been remanded from time to time until the preliminary enquiry had actually extended over a month, and now a remand for another week was asked for. He submitted this application was altogether very unreasonable. The Court would ao doubt re--1 member that this question of remand had been well discussed at the last sitting and leading counsel for the defence (Mr Joynt) had poin'el out that the evidence '' of Mrs Ball c.nldbe taken in the Supreme Court, and she could be well spared the pain of giving evidence in the lower Court. Mr Joynt had also mentioned that it was ths intention of the defence to apply for a change of venue to Christ—-—rch, and that the Court opened in the city named on the 4th October. The result, therefore, if this application fox a remand were granted, would be that the case would not b« closed for another seven days, and th—i would leave only thirteen days for counsel for accused to prepare their defence. Seeing that tbe case was such a momentous aad heavy one, that the magisterial inquiry had so far taken more than a whole week, it was Mr Perry submitted altogether a very unfair position for the protecu*.— «i to now take up to apply for a further remand. Already they had been a month over their case, aad yet they asked for [another week's adjournment. Then the reason alleged for that was that Mrs Hall was not strong enough to give evidence. His Worship—Clearly, Mr Perry, yen have no right to address the Co—rt at this stage. Ton have ao right to criticise the intentions of the prosecution. You must not argue this point, as we are not prepared to go into argument with you. Mr Perry—l beg pardon, your Worship, but I am not arguing on. the facts of the care at all. In face, however, of the. issue before you, I submit respectfully that 'the great principle of law that both sides should be heard shoald be now adhered to. His Worship—Ton are arguing on tbe facts. You are assuming tbat the prosecution have had ample time to bring their whole case on, and complete itMr Perry—Yes, I am. I submit they have had plenty of time wherein to get up their case.

His Worship—Well, I think you are going beyond your duty. I will hear you oa anything else but that. Mr Perry—Very well, your Worship. I have exhausted that now, but my strong objection is this, that the reason alleged for a remand is not sufficient. I have had Mrs Hall examined by two medical gentlemen— Drs. Lcvegrove aad Re—l—and I held a certificate from them, in which it is stated that Mrs Hall has sufficiently recovered to give evidence in Court to-day (Monday). Under these circus-taaces, I ask that you will allow the medical gentlemen named to be put la the box to give evidence oa their certificate. To allow of any further delay will only prove vexations.

Mr Hay also strongly objected to the wmaad, and said there seemed to be no finality about the case. The granting of the app_c*_an simply _«___ that his *^*J!!_? a _ n L l _- ** «-**« »e*k. He submitted ths* there was no prima facie case whatever against Miss Houston, and that every day's impr-oamant she suffered was a -uscaixiage of justice. He desired, therefore, to place oa record his strong protest against bis client being imprisoned for another week, and to teat the issue raised, asked that Dr. Melntyre, who said Mrs Hall was too unwell to attend, aad the other doctors, who were ready to aay that she was quite well enough to do so, should be called, aad the medical evidence could thea bo weighed by the Court. His Worship—The course the counsel for the d—fence have taken is most extraordinary to mc. The offence is a most serious oae, aad ia the whole eourae of my experience I have never met with oae of guch magnitude in which so little delay haa taken place. The Crown ask for aa adjom —t—tent on the ground that Mrs Hall, a most important witness, ia aot rtrong enough to give evidence, her medical attendant sea—ring counsel for the Crown that she wiilao* be well enough till Monday. Next, other medical men are sent by the defence to see tho witness, and they give a di_ere_t story. However, I wiU accept the Crown Proascutor s statement, accede tothe appßeatioa. aadr_M_d ™_Sm» tfll Moaday, the 20th September. s___n. I may add that I wiU not great anva—t~icat——for bail. . wfll not, your Worship, pot Dr. Mclntvre in the box t J *_? -tenement aa made by Mr * ?f; sider the hands of the Crown should not be ___■*_____ Mr White-I mny say, your Wmahip, that the other medk-l men m*J but] b»ve fanned a correct opinion <*__f__?tr_ health. Dr. Melntyre has •*»■**£_ HaU«nalong,and knows ™™*}™Z* case than men who have only ******* within the last fewdays- I submit that it i« very bad taste indeed for the otter side to _____c tbat I mm __ki_g » statement which Dr. Melntyre is aot prepared to substantiate. --___, Mr Ha j-1 don't dcubt Mr Whites word. I submit that the Court has *>P cr *

feet r : ght tf fbia fvidsaoy, and counsel will have a right to crots-exa_one on it. : ESs Worship—l will not take it. Mr Hay again rose, and was again going to address the Court. His Warship then added—l have finished, and have said all I have to say, accused will be remanded to Monday next, Prisoners were then removed. The public again mustered in large numbers at tbe Courtboose, and as accused walked from the Police Station to the Courtroom-door a large number of people lined the footpath and crowded round the Court steps and the Btation offices. Both prisoners appeared to be-in tbe enjoyment of good health, and when -ley met each other in front of the prisoners'dock shook bands aad exchanged greetingt>. The Courthouse was crowded to excess, and the —irk—ty of the many people present must have been amply satis—cd. as there were several good opportunities of getting a full view of the accused as they went to and from the Court!to—.e. Mite Houston was brought from the Timaru Gaol. Hall came down from Lyttelton in the express, and was landed not at the publio platform but waa taken quietly out at the private siding at the Royal Flour Mills. The vast crowd at the railway Btation, getting an inkling of what was about to be done, made a great rush for the place named, but they arrived too late. Hall was closely guarded whilst in Court by a stalwart Lyttelton warder, and was taken hack to bis quarters at the Lyttelton Gaol by the up-express.