THE CAIN CASE.

Press, Volume XLIII, Issue 6627, 18 December 1886, Page 3

THE CAIN CASE.

COMMITTAL OF THE PRISONER. [Bt Tsj.snKAPH.] (FltoM OCB COBJB.EBPOVDEST.J TIMARU. December 17. Tee bearing of this case waa resumed aad ©oßclud-d to-caj, before Mr Beswick, R.M. Oa the Court opening, Mr White, in reply to Hia Worship, said that he now Intended to close his case. Prisoner «»tien charged, Mr Perry, on hia behalf, stating "he (prisoner) says nothing." Mr Peiry added that he proposed to call Professor Black, feeling in rather aa ancmalous poeitfem at having to call him for the defence. The anomaly was tl at he (ocnnael for the prisoner) had actually to call a gentleman who waa really one of the chief witnesses the Crown 'had. It waa true, as hi) learned friend had said, that Dr. Hogg had given sufficient evidence for the purposes cf the prosecution at thia stage of the ease, aad, in calling tha Professor, he (Mr Perry) aid not wish to disparage ».-. H-gg in any way. He j would merely point out that if by any eh ince the Professor's evidence differed in any particular from that of Dr. Hogg the former must be made to give the meat weight. Mr Perry submitted most strongly that the Professor thould have been called by the Crown. They should have given the defence the fullest information in their power, net have deprived the defence of the privilege of crose-exsmina-tioa by not calling Professor Black. He then called Prr feasor Black.

James Hew Black —I reside in Dunedin. I am aa MLA. and Doctor of Science of the University of Edinburgh, Extra-Mnral Lecturer in Chemistry in the University of Edinburgh. Glatgow, and Aberdeen, Professor of Chemistry in the University of Otago, and Colonial Analyst for the provincial district of Otago. I know Dr. Hogg aad Dr. Ogston. In September last I made an analysis in conjunction with these gentlemen. We commenced the analysis on the evening of the 28th. September in my laboratory at the University building*, Ocsgo. and we finished the analys a on the evecisg of the 30tb, or rather on the morning cf the Ist October, I at three o'clock. Nearly all the time my ! laboratory assistant (William Goodie!) was present, aad during the evenings ot the 23th and 29ih Mr Christie, a medical student, was present, taking notes at intervals during the whole time. Dr. Macintyre was present as an observer without taking the slightest part in the analysis. N> persons besides Dr. Ogstoo, mt. Hcgg, and myself lock an active part in the analysis. I received the I substance for analysis in four bottles from Dr. Ogston about 745 p.m. on Tuesday, the SStb, in the University laboratory. Th»y were ekar glass wide mouned bottles or jars, elceed with corks aad sailed with Dr. Ogston'* seal. He produced also a quantity of earth for analysis, and this was tested for antimony, but I did not find any. The bottles were labelled I, 11, IH, aad IV. in Roman capitals. No. I purported to contain bladder, kidneys, urine, peritoarbal fluid, and a portion of the small intestines. No. 11. a dark fluid,{purported to be from tbe lateral cavities of the cheat, called pleural fluid. No. IH. stomach aad part of the small intestines, probably duodenum. No. IV. purported to esntain the larger intestines, ecßSum and rectum, also the spleen. I believe this to be aU. There was fluid matter in each bottle. Several tests were applied to No. I bottle. The first test was as follows:—A portion of the liquid contents was acidified with hydrochloric acid, and boiled for ten minutes with a sup of clean copper. At the end of fifteen minutes it was examined, and found coated with a violet colored deposit. The sami liquid was boiled with a eioond slip of copper for ten minutes with the same result. Another slip of copper w s added, boiled again for Ua minute?, producing a very alight tinge of violet on Use copper. When the second and third slips of copper were put in the liquid; the first waa still in, remaining there all the tiwio- The violet tint corresponded with that which a small quantity of antimony gives by the same treatment. By antimony 1 mean antimony in solution, not the metal itself. We further examined these three slips of copper by the permanganate test, bnt, making a mistake in the prcoeav, the results were of no value. The mistake waa in not filtering before adding hydrochloiic acid, the mistake being mine, aad ao fault of my associates. The same tests were applied to liquid from the same bottle on the following day (September 29th). Several slips of eepper being used, and the permanganate test being properly applied. The slips were colored violet, and i sulphuretted gave a small orange precipitate- Liquia f r. m No. IT. bottle was boiled tan minutes with hydrochloric acid aad copper examined at end of fifteen minutes, and a very slight dimming of the copper was observed. The copper was replaced ia the liquid and boiled again for tea minutes. At the end of half an hour from the commencement the copper i was examined, and f«.nnd to bave a slight but decided violet tint. Liquid frem No. 11l bottle, together with scrapings from the interior coating of the etomacb, was tested in same way, and gave a slight tut decided purple tint at end of fifteen minutes. Liquid from No. IV. bottle, and scraping from the interior of the t tecum (at least, Mr Hogg said it waa from the ca»:um) treated in same way, gave a slight bnt decided violet tint at end of fifteen minutes. The tin tett was applied to liquid from each of these bottles in the following way:—A small piece of tinfoil was dropped into part of the liquid in a clean porcelain cup. The tin in each case was very slightly dimmed in the course of bslf-an-hoar, and had become of a dull leaden hue at the end cf twelve hours, pointing to % trace of antimony or something else. This test is valuable this way— in establishing tbe absence ot a very considerable quantity of antimony. Another test was applied by myself on the 3rd October. I collected the orange precipitate : referred to above, dissolved it in strong ! hot hydrochloric aold, and by the galvanic test got a small deposit of metallic anti-i I mony on m piece of platinum wire, which I now produce. This exhausts one set of 1 testa. Several of Reuuch's tests were repeated aext day (the 29th), the re- | suit* being confirmatory of the first ! ajuJysia We also tested peit3 of the contests of the bottles by another test, ; by chlorate of potash and hydrochloric I acid, as follows:—Dr. Hogg cut up into 1 flit* shreds part of the solids of No. 1 in a clean porcelain dish. We dig<Bted the BW together with ac mc liquid from No. 1 in a porcelain basin with strong hydrochloric acid, aad successive portions of powdered chlorate of potash. We boiled over a Bnnsea turner till tbe chlorate was decomposed, tbe solid parts dissolved into a yellowish liquid, aad the free chlorine expelled. We then let the liquid cool, fit red through a wet filter, and removed most of the fatty matter by agitation with ether, separating the ethereal eolation of fats by an ordinary glasa separator. We then warmed the separated solution till! all traces of ether were expelled, and again filtered, we passed sulphuretted hydrogen sfas through the filtrate, and very coon evt a deepening of the yellow calor, and after some time a cloudy orange precipitate We compared this with a similar nrrcipttate got by sulphuretted hydrogen With solutions cf antimony at vanoua ■tarns of dilution. We repeated the snlpkiretted bydrW teat* ca of the rame sotattoa, and this fishes the SrtatoHo.l. WenexttreatedNoe.il. and IV. bottle, together. Part .of the black liqnMrf tt.aiid of IV. was cut up by Dr. Hogg, and chlorate cf potash, till | were destroyed. But oa •aV Itu »% S^*£ 1 ! test to part of this liquid ehlorneT After repeated **<****«" tba aobxtioa from chlorine, we «h**g~?» mode of procedure, because we bad diK- | eolry in clearing the chlorine,-* '«*»£- Webofledtbe^aainderof the soWson downtodrvnees and charred the readne in a clued platinum crumble. We then

dreachad the charred mass wisastmag hydrochloric add, beating it over a BanSan burner. We then diluted it with water aai filtered, and to the filtra»e applied the following teste. .—(1). We dropped a small piece of t n foil into part of it, and thia was blackened in half an hoar, showing antimony or something else. (2.) We applied Reinsch's teat, a violet tint, in fifteen minutes. (3) We applied the galvanic test and got a very alight darkenirg ef the pla mum wire, this indicating the merest trace of antimony or something else. Copper would also make the tin black in the same way. We applied another te«t to portions of No. I, 111., and IV. bottles, vis., from No. I. bottle part of the small intestines, bom No. 111. bottle part of the stomach and duodenum from No. IV. bottle, part of the c <B2um and rec" am. Dr. Hogg eat up the Solids. These we digested with liquids from the same bcttles with strong fajdxomloric acid and chic rate cf potash. After destroying tho solids, decomposing the chlorate, boiling off the free chlorine, aad removing the fatty matters by filtration and agitation witn ether, we tested the residual solution in the following way:—To about four-fitths ot it we added sulphuretted hydrogen; passing a strong current of gas- through, we got first a yellow color and then an orange precip'.tate. Into a second portion we pat a small piece of clear t nfo.l The tin was slightly darkened in twenty minutes, nearly but sot quite black; in half an hour quite black, with a slight deposit of the black powder around it in twelve hours. Thia indicated the presence of antimony. Wa boiled another portion with a slip cf clean copper, and got a slight violet tint in fifteen minutes. On Friday, the Ist October, my object being to ascertain approximately the quantity of antimony present in the four bottles, I applied the following quantitative analysis:—l collected the two orange precipitates referred to above, washed tnem aad dried them and weighed them. I found the weight to be .009 gramme, equal to l-388th of a grain of sulphide ot antimony, which represents about .271 of a grain of tartar emetic. I assumed this to have been got from oneeighth of the contents of the whole of the bottles. This will give a shade over two grains of tartar emetic to the whole of the contents, or less than one grain of pure metal

The Court then adjourned till two o'clock.

On resuming, the Prof* sior continued— On the same day, after weighing the sulphide of antimony, I further identified it by disjolvuig it in strong hydrochloric acid and getting the white oxychloride of antimony by the addition of water. This ; white oxychloiide I fcund soluble in a strong solution of tartaric acid. Prom thia solution I reprecipitated as an orange precipitate by the addition of sulphuretted hydrogen. On the 3rd of October (Sunday) I identified the black piwder referred to above as accompanying the tin by washing it and dissolving it in strong hot bydro- | chloric acid, and then precipitating it by I sulphuretted hydrogen as an orange precipitate. There were also some teats by the prcc .es of dialysis performed by Drs. Ogston, Hogg, and myeelf on the 80th, aafel ows :— IWe boiled part of the contents of 11. and IV. with strong hydrochloric acid, and after cooling and diluting the water we ; placed the liquid in a dialyser. At the end !of ten to fifteen hours we examined the dialysate by Reinsoh's test, and got a alight violet tint on tbe copper at the end of fifteen minutes. We applied the same te3t to the residue still lef o in the dialyßer, and got a decided violet tint. To these two slips of copper we applied the permanganate test, and got with sulphuretted hydrogen a yellow solution, deepening on standing to an orange precipitate. We also analysed a portion of. the I liquid contents of I. and 11, without previously adding hydrochloric acid, and got similar results. We then analysed together portions both of the solids and liquids from all the bottles, after boiling with strong hydrochloric acid, and got'similar results. These are .the analyses, and X can. if necessary, enumerate small points. I may add that we applied heat to one of the violet-tinted copper slips referred to above. At a black heat there was no change. At a red heat the violet deposit disappeared in a small quantity of wnite fumeß, characteristic of antimony. Arsenic would have gene off at a lower temperature. I know of nothing else bnt antimony that would have behaved in the same way. This was a confirmative test, merely to make myself sure of the result. lam certain there was no antimony in the sell. We tested the bottles for nothing but antimony. In ; consultation we resolved not to lot k for organic poisons, owing to the length of ' lime that had elapsed since Captain Cain's death. I wish to guard against any mis- ' tak*e in dates, as I am epeazing fiotn memory. We did not analyse any of the solids separately, that is meaning any individual selid. The tests I have named ! have shown only the presence of very ! small quantities of antimony, bnt quite i decided, such ss to leave no doubt that antimony was present. On Mr White stating that he had no questions to put to the Professor, the depositions were read over and signed. Mr Perry then rose and said—l wish j your Worship to tay a few words now in | reference to the place of trial. I ask you to commit the accused to Oamaiu, for the reason that if this is done sufficient time will be given ns to get up our defence. I am not quite positive, but I think the next Oamaru session cpens in March of 1887, and if my request is granted the few months given us will be just sufihieiit to get up the case for the defence. The case, as you know, is an exceedingly heavy one. The charge is the most grave one known to law. An immense mass of ordinary and scientific evidence has been taken, and n.O c is like'y to be added to the latter, as I understand aB a fact that Dr Ogston is to be called in addition to Profesror Black and Dr Hrg*. Dealing with such a charge it is incumbent on the defence to leave no stone unturned, and as a means to this we should be allowed the fullest time possible to get up our case. I would also point out that Oamaru is the proper place to commit to, for this reason —In the interests cf justice it hss lately been arranged that ie an accused person wishes his trial to come on earlier, he can ask ta be committed to a neighbouring town at which the Court sits, aid thus I understand, if ytur Woiship so wishes it, you can grant my request I understand that on previous oecas<ons, accused persons have been sent from Timaru to Oamaru when the latter Court sits before ours, and vice versa. I therefore again ask your Woiship to commit prisoner to that Court, unless you have decided to commit him for trial at Timaru. On the queationof expense I cannot speak so confidently as the Crown can, but it must be necessarily less expensive to have the trial at Oamaru, as the bulk of the witnesses live near there. I earnestly atk you not to commit my client to Christchurch for seveial reasons. The Court, I understand, sits there early in January, and it would be quite impossible fcr mc to prepare my defence in time for it. In addition, the prisoner has already gone through a trial in that city, and the public mind is naturally exceedingly excited about it. Crowds of people attended the Court and heard everything, consequently must have their minds biassed, and in all probability some of these people may be on the jury when the trial takes place. The defence, not knowing th?m, wi!l not be able to strike their names off the -jury list.

His Worship—A special jury tried the other caee.

Mr Peny—Yes, your Wcwhip, but I do not know if a special jury will toy this case or not.

His Worship—Ten will have every opportunity of knowing the names of the , special jarors. Mr Perry—l am net speaking of them. My remarks apply to the people generally: who attended the Court, who, no doubt, have their minds hiasred, and who probably will be called as jurymen. His Worship—This will nuke but little difference. Everyone has read more or lese of the case in the papers. Mr Perry—There is a difference between listening to a case and calmly reading about it in the newspapers Inconcloaion, I ask that, as on other oosasions cases hare been shifted for the benefit, to a certain

extent, of tbe accused, that my request be granted.

_Mr White—l mesi oppose this application on the one particular ground that too loeg aa interval of time elapses bt fore the triar cornea on. Many of the witnesses have already been kept waiting a considerable time, and will Le kept too long smiting altogether if the ease goes to Oamaru. The witnesses are bow all in the colony, aad to show why the case should be gone oa with as sooa ss possible I may state that IMr C. Wilson must be in Victoria in I January next. I bave a number of wit. neeses of whom it is impossible to say ; where they will be in three months' time. On a former occasion Mr Joynt, for the defence, raised the objection that Oamaru and Timaru were places too small altogether wherein to try a case of lfss magnitude than the one before them; and if this objection was good, then it is good now. Aa to tbe question of expense, there was aojgreat difference in the taking of witnesses to Oamaru or Christchurch; but my principal objection is respecting the lapse of tim. that would arise if the case is taken to Oamaru. And as Christchurch was on a former ccsasion represented by counsel to be a proper place to commit the accused, I ask your Worship to commit him to Christchurch again.

His Worehip granted Mr White's request, and said he did not think the argument used by Mr Perry had any weight whatever. The ordinary course would have been to commit the accused to Timaru, and had the hearing concluded before the Supreme Court sat, he should have so committed him unless the defence had applied to oornmit to Christohurch, and the Crown bad sot opposed it Mr Perry had referred to the regulations abont committals, but in any circumstances his Worship said he would not take upon himself to commit out of his special district. It was quite competent for the defence to apply for a change of venue, or a special commission by the Crown. He thought a fortnight waß quite long enough to get up the case, as there were many other persons to be considered besides accused, come of whom had come long distances. As to Mr Perry's argument about the late trial, he did not attach any importance to it, for were such proee- j dure to be adopted here nothing but one lot of prisoners would be carried about from place to place. His Worship then committed prisoner to take his trial at the next sitting of the Supreme Court at Chriatcburcb.

Mr Perry informs mc that he intends to apply at once for a change of v«nne to Oamaru.