THE CAIN CASE.

New Zealand Herald, Volume XXIII, Issue 7787, 5 November 1886, Page 5

THE CAIN CASE.

THE INQUEST.

MISS HOUSTON IN THE WITNESS BOX. [by telegraph.—own correspondent.! Timaru, Thursday. The inquest on the body of the late Captain Cain commenced to-day. Mr. J. 8. Beswiok, the coroner for the district, took hie seat punctually at eleven a.m. Inspector Broham then oalled the following jury:—T. C. Plante, J. Anderson, J. Shepherd, C. Barker, A. J. Quelch, and W. Prieat. Mr. Plante was chosen foreman. After the jury had been sworn, the ooroner informed them that they would have to go to the cemetery to view the body. The jurymen were then escorted out by the police, and having got into a oouple of expresses that were in waiting, were at onoe driven to the cemetery. They were absent altogether about twenty minutes. On their return, Mr. White said that instructed by the Crown he appeared to conduct the inquest, and Mr. C. T. Perry, by permission of the ooroner, was allowed to watch the proceedings on behalf of the convict Thomas Hall, who was present in charge of Gaoler O'Brien and a warder. Witnesses were then oalled as follows ;— Patriok Molntyre: lam a qualified medical practitioner, residing in Timaru. I was medical attendant of the late Captain Cain, and attended him regularly till his death. I have seen a body in the cemetery whioh I believe is that of the late Henry Cain. I don't say that I identify it. I have also this morning seen the body which has been viewed by the jury. I have no other reason for believing it to be the body of the late Captain Cain, except that it was exhumed from the plot in whioh I saw the coffin of Captain Cain buried some two years before. Captain Cain had lost tbe small toe off one foot. I made an examination this morning, and found both small toes missing. Daring his last illness Captain Cain suffered from kidney disease and dropsy ; enfeebled circulation also existed from previous illness. I prescribed frequently for him up to the time of his death. None of my prescriptions contained antimony, or any preparations of antimony. I prescribed stimulants, spirits, and wine, among them being champagne. Mr. White: Having regard to the disease Captain Cain was suffering from, would the stimulants such as desoribed, if administered in medicinal doses have the effect of producing sickness ? Witnees : No; they would not. Captain Cain's last illness was of six months' duration.

Be died on the 29th January this year. Captain Cain once complained to me that his whiskey made him sick. I had known Captain Cain about 14 or 15 years. He was a man that always enjoyed his glass of whisky with the one exception I have mentioned. To Mr. Perry : I certified that death was from kidney disease and dropsy. To the Coroner : The administration of poison — antimony — would accelerate the death of persons suffering from dropsy. Bridget Wren : I am wife of Denis Wren, a gardener in Timaru. I was formerly domestic servant to Captain Cain. I was with him for about two years up to his death. He started retchiog about four months before he died. Had not been very ill jast before that. I remember his losing one of his toes, the small one on the right foot. I remember about the Ist of December. Captain Cain, Mrs. Newton, and I think Miss Houston, myself, and Denis Wren were in the house during that month. Later on, Miss Gilion came there on a visit. Thomas Hall used to come there at that time in the mornings, and sometimes at lunoheon. He also used to call on bis way going out of town in the evening. Hall sometimes sat up with Captain Cain at nights during December. I know that Captain Cain was ordered champagne and spirits by the doctor. I sometimes gave it him, sometimes Mrs. Newton, and sometimes Mils Houston after she came to the house. Mr. White : Do you know st your own knowledge that Hall gave the captain spirits ? Mr. Perry : I object to this question : to anysuch suggestion. Mr. White: There were a number of people in the house, and I wish to ask the quektion about Hall. The Coroner : I agree with you. To save any difficulty arising, I will ask the question. I oan ask any question I like. Witness to Coroner : I do not know of my own knowledge whether Hall gave spirits to Captain Cain, or not. The liquors used to be kept in the sick room in a decanter. They used to be got from a store-room. Captain Cain was also in the habit of taking claret, which was also kept in the sick room. Hall was in the habit of coming to the house for more than two months, perhaps three months, before Captain Cain's death. I have been present several times when the captain vomited. Sometimes when he had no food at all he vomited. He used to take spirits with dinner, and he used to be sick then sometimes. To Mr. Perry : I think Mrs. Newton need to sit up with Captain Cain pretty late when Hall was there. Hall did not sit up with him very often. This was before Christmas, so far as I can recollect. Hall did not sit np with him after Christmas. The Coroner: What is the use of all these questions ? Mr. Perry: We only want to get the facts, and if this cross-examination goes on it will prove interminable. It seems too much as if a trial were going on. This is not a trial. No one is accused. Mr. White : I see no necessity for it. Mr. Perry: I will be as brief as I oan, sir. Witness continued: During my stay in the house Captain Cain was never sick after breakfast, which he took at nine o'clock. His siukness was intermittent; sometimes he was sick during and after lunch. To the Coroner : The decanter I spoke of was a liquor stand, with three bottles on it. All the bottles contained whisky. I am quite sure there was no special bottle for Captain Cain, and anybody could get to them. Denis Wren: I am a gardener living at Timaru, and was in Cain's service up to the time of his death. I remember the osptain losing the little toe of the right loot some time before his death. Hall began to pay visits to the house some three or four months before the captain's death. He became very friendly about six or eight weeks before the captain died. On coming in the morning Ball used to call, and also on returning in the evening, and sometimes at lunch. About four or five weeks before the captain died Hall eat up with him two nights, so far as I can remember. The captain vomited frequently during the last five or six weeks of his final illness. I never saw Hall give the captain anything. The captain said his grog made him sick, and he could not account for it. He then took port wine instead of whiskey. I have seen Ha, I in Captain Cain's bedroom every morning and evening. I left the room always when he came in. I have on some of these occasions been directed to leave the room by Hall. The wine and spirits used in the sick room were kept there, |and Hall told me that the captain could not possibly get over his lait illness. Hall used to ask of a morning how the captain was. I would reply "Much better." Hall would then say, "I don't think the captain will get over it; it is impossible." To Mr. Perry : I am not a medical man, and cannot say what he was suffering from. I understood from the captain it was dropsy. I eat up with him for twenty night's altogether. 1 did not assist in tapping him for dropsy. The Coroner: I think these questions are irrelevant. Mr. Perry: I merely want to show that Captain Cain was in a bad state from dropsy. Witness to Mr. Perry t I assisted once to wrap up the captain's foot, not his leg. The foot was bad about three weeks. The captain was sometimes bright and cheerful during his illness. To Mr. White: The captain never complained or said in my presence that the stimulants were poisoned. I have never seen Hall give Cain champagne or spirits. Hedley Vicars Drew deposed : lama duly qualified medical man, and surgeon to the Timaru Hospital. I saw Captain Cain on the day before his death, having gone there at the suggestion of an old friend of his, and I was in the house from ten minutes to a quarter of an hour. He seemed anxious 1 should see him, and I did so. The captain asked me to examine his leg, and I found that up to the tbigh was covered with bandages* He asked me if I thought he would get over it. I then felt hie pulse. 1 found it stronger than I expected it to be for one Buffering from dropsy* The coughing of

the patient tended to increase the strength of the pulse. I was very much surprised when I heard of hit death next day. Aβ » medical man I cannot Bay if the pulae was that of a man that might have lived a month or two months, or was on the verge of death or not. I have felt the same pulse of a man suffering from aortic disease. John William Webb : I am an undertaker at Timaru, and carried out the general ar rangements at the burial of the late Captain Cain. I assisted to. place the body in the coffin, and saw the coffin deposited in the grave. I was present when the body was exhumed again this morning. I could recognise the body the first time, but can't now.

To the Coroner : I did identify the body I saw this morning as the one I buried again in September. To Mr. White: Edward Drake was the sexton who received the body from me, and exhumed it on the lait occasion, and in September. I was present on each occasion. Edward Drake : I am a sexton of the Timaru oemetery. I received a coffin from the last witness, Webb, on 31st January. Did not receive any other body that day. The coffin was lowered into the grave in Webb's presenoe, and 1 buried it. The body was exhumed at the end of September And buried again, Webb being again present. It was exhumed again, and afterwards reburied ouce more in Webb's presenoe.

Margaret Graham Houston: lam at present residing in Chris tohurch. I went to reside at Woodlands, Captain Cain's residence, on December 1, 1885. Mrs. Newton was then residing in the house, besides Captain Cain, aleo Denis and Bridget Wren. I did not know Mrs. Wren's maiden name. I only knew that Bridget afterwards married Denis Wren. Miss Gillon came to the bouse about a week before Christmas Day. I went as companion to Mrs. Newton, not to nurse Captain Cain. Mrs. Newton had been ill; I also had to teach a little boy. Captain Cain was not ill when I first went to the house. He took ill a little before Christmas Day, and I was asked to nurse him. I did so for a few days, but he soon got too ill, and had to have somebody with him always. Denis then nursed him during the day, and a man named Kayo during the night. Captain Cain's body was much swollen. Reused to talk to me, bnt did not describe his symptoms. I never saw him vomit, but he once went out from dinner, saying that he felt siok. I think he wae upset from being out for a long drive. From the time 1 went to Captain Cain's death, Hall was in the habit of coming to the house with Mrs. Hall. I only remember his coming with Mrs. Hall. He did so frequently up to the time of the captain's death. Ido not remember his coming alone. I don't remember seeing him at the house when Mrs. Hall was not with him. I remember Hall sitting up with Cain three whole nights (they were consecutive nights) before George Kaye came. I cannot say if Mrs. Hall came with him on those occasions. Had seen Hall at the house on different occasions on his way to the office in his dogcart. This happened frequently; nearly every day. Never saw Hall at the house during luncheon hour. Hall generally brought Mrs. Hall, and would then leave her at the house, and call for her in the evening. I believe Hall used to go and see the oaptain when he oalled, bat never saw him going in himself. Don't think Mr. Mason was in the house the night before the captain died. I think Mr. and Mrs. Hall went away about ten o'clock that night. I remember the doctor coming the afternoon before the oap< tain died. Hall oalled at the bouse the morning of the captain's death, but I cannot say when I last saw him prior to the death. I did not consider Captain Cain worse than usual the day before he died. I cannot say distinctly when I last saw Mrs. Hall prior to Captain Cain's death. I think it was some time, bnt cannot remember how long before his death, that the whist party took plaoe. I only remember one party taking place. Mr. Hall, Miss Gillan, Mrs. Newton, and myself formed partners. Hall was also present.

Coroner, to Mr. Ferry: I hare thought over your position at tbia inquest, and bare come to the conolniion not to allow anything in the shape of cross examination. If you desire to put any questions, yon mast pat them to me, and I will put them. Mr. Parry: Of course, 1 have to bow to your Honor's decision, but it is a useful thing to allow ooumel to cross-examine.

The Coroner : No, it is not. Where there is no oharge made you have no right to ask questions, except by permission of the Court. 1 wilt put any questions you may suggest.

Mr. Perry : It i> almost impossible Co put questions through the Court. One cannot follow his ideas unick enough.

The Coroner : Perhaps not, but I shall not allovr you to cross-examine except through me.

Richard Bowen Hogg: I am a dulyqualified practitioner residing at Timaru. 1 was preaent at the poet-mortem examination, in conjunction with Dr. Ogston, on September 27 last. It was the body mentioned by the witnesses Webb and Drake. I reoognised the body as that of the late Captain Cain. I examined the feet, and found the right little toe was missing, and the left little toe was hanging by a piece of skin. The contents of the abdomen, the stomach, portions of the large and small intestines, the bladder, portions of the liver, the kidneys, and spleen were removed at the time of the post* mortem examination. I and Dr. Ogeton put these things in two bottles, which were corked and sealed and taken next day to Dunedin. They were sealed with Dr. Ogeton's private seal, and the bottles remained in his possession from that time. I accompanied Dr. Ogston to Dunedin for the purpose of assisting in the analysis of the contents of the bottles. The seals were broken in my presence in the lavatory of the University on the night of my arrival. The analysis was commenced that night by Professor Black and Dr. Ogeton, and I assisted. The analysis was completed at one a.m. on October 1. The tests showed complete proof of the presence of antimony. I may also mention that I identified the body of Captain Cain by the condition of the aortio valve. Three times between May and July he paid me visits in reference to the lots of vision. I examined his chett and found he had extensive disease of the aortic valves. I acquainted Dr. Forgusson, of Duuedio, with my opinion, aa an operation for cataract was contemplated. I diagnosed the case, as I thought he was a bad subject for anesthesia. This was verified after death, and 1 gave it as an addi tional reason for identifying the body. The introduction of antimony into the system of Captain Cain in his then state of health would most undoubtedly accelerate death. Peter William Hutton : I am a bookseller at Timaru. In May, 1885, Hall came to my shop and purchased from me a book called Headland's "Action of Medicines." It was bought on Saturday, the 9th May. He said he wanted some information about antimony, about its action I understood. 1 referred to the contents of the book and said, "Here Mr. Hall is the thing you are enquiring for." The book was then purohased. tie came in about a month afterwards. That was also on a Saturday, and borrowed, "Taylor on Poiions" saying he would bring it back again. He afterwards re-borrowed the book and then bought it. On returning it the seoond time I remarked that he had borrowed the book several times and that he had better buy it. He did so, paying for it at the time, saying, " You had better not book it." I saw him write in the book as it appears now, " T. Hall, 1882," on the front page, and at the close " Dunedin, T. Hall, 1882." I identify this book as the one sold. To the foreman: I identify the book by tbe ear marks, by its general appearance, having been handled by me for seven years, and by its bronze front and indications of my private marks. Thoi. Broham : I am Inspector of Police at Timaru. On the 15th August 1 arrested Thomas Hall, now in custody on a charge. I searched his house, and found this book, "Taylor on Poisons," in Hall's bedroom. Hall said to me, when I took the book, " I suppose this will also tell against me." Mr. Perry : Iβ thia evidence ? The Coroner: No; we had better not take it. Witness: I aleo found tartar emetio in the house. Win. Davidson : I am agent in Timaru for the Australian Mutual Provident Life Association. In the month of August, 1885, Hall saw me in reference to the insurance on his wife's life. Mr. Perry : Is this evidence ? « The Coroner: I think it ie quite relevant. Witness: After Hall gave me the two proposals, he said it would depend on the length of Captain Cain's life which policy would be kept in force. Nothing farther was stated then. Miles Jefferson Knowsley: I am a solicitor practising at Timaru. I acted as Captain Cain's solicitor. For some time prior to his death I waa aware that Hail and he had had

eome differences about money matter*. Oaptain Cain, 1 have heard, complained of Hall's treatment of him in connection with the Cain trust account in reference to Mrs. Hall's aooount. A short time before Captain Cain's death I believe the differences were healed, and Hall and he beoame on more friendly terms. Hall only benefited so far as his wife was concerned in Captain Cain'e death. Hall would benefit to the extent of the money left to her under Captain Cain'e will to the extent of only about £250, that iu as regards the furniture and a piece of land,, The furniture hae been Bold for £170, but the land has not been sold. The land is worth about £140. Mrs,. Hall and Mrs. Newton have equal shares. Mrs. Hall and Mrs. Newton would beiaefit £375 in the event of Cain'e death; also, to the extent of the value of the furniture and the four acres of land. I cannot eey if Hall ever said to me that he expected his wife would get more thaa she did under the will. To Mr. Perry (by the Coroner): I could not say what the contents of the will were. I certainly did not tell anyone of its contents. To the Coroner: Captain Cain made about half a dozen wills during the last three monthe of his life. The wording of them depended on what eort of temper he was in. I could not say whether they were in favour of Hall or not.

The Coroner (to the jury): Do you require any further evidence on this point ? The Foreman: I thiak not, your Worship.

Arthur Armsby, solicitor, practising in Timaru, said: 1 know Mrs. Kate Emily Hall, the wife of Thomas HalL I drew her will and executed it on the 29th July, 1885, leaving everything to Hall. The Coroner: Do you propose to call any more witnesses this evening, Mr. White ? Mr. White: Ho, your Worship. I think if the inquest is adjourned for a fortnight that I will then be in a position to close it. The Coroner : In that case the Court will adjourn till Thursday, the 17th November. The inquest at twenty-flve minutes past four was adjourned accordingly, the jurymen being bound over to appear on the day notified. THE SCENE AT THE GRAVE. The work of exhuming the remains of the late Captain Cain a second time was begun about half-past seven this morning, and a few minutes after eight o'clock Mr. Drake and his assistants had the coffin quite uncovered. The work of lifting it out was then commenced under the personal supervision of Detective Kirby. This, as on the first occasion, proved by no means, an easy task, but being exeouted in daylight, was more quickly performed than on the memo* rable night of the 27th September. The ghastly work only took fifty minutes, where* as on the first occasion one and a quarter hours were spent over it. The grave was found to contain a large quantity of water, the shell being nearly saturated in it. On getting the coffin to the surface of the ground a strong wooden frame was placed beneath it, and it was then carried to a small vacant lot close to the newly-opened grave; then the undertaker, for the second time, took off the lid of the coffin, but the sight exposed to view was not such a ghastly one as might have been imagined. The coffin lid was very much smashed, and this had allowed a quantity of liquid mud to get into the coffin, the remains, with the exception of the face and right foot, being oompletely buried by it. When Dr. Hogg arrived about half-past nine o'clock, be oleared away the stuff and exposed what is now the mere skeleton to view. After the jury had viewed the remains the coffin was for the third time sealed up and put in the grave, where I hope, for the sake of relations and friends, it will be no more disturbed. THE PRISONER HALL, The convict Thomas Hall was escorted in by Gaoler O'Brien and a warder as soon as the jurymen came luck from the cemetery, and was provided with a chair in front of the prisoners' dock. The attendance of the public was large, and they were all ourioua to eee the man who once occupied such a good position here, and of whom ao much has been said and written in connection with what Judge Johnstone characterised as one of the most diabolical crimes ever committed. Hall's appearanoe was in marked contrast to that presented the last time I saw him in the Court at Christohurcb, being most wretched looking. Hall's demeanour throughout the proceedings to-day was calm and composed. Hβ took a deep interest in the evidence, and it seems, conversed with his counsel (Mr. Perry) and his managing clerk in an earnest manner, and at times took full notes of what was being stated by the witnesses. When the inquest adjourned he had a short consultation with Mr. Perry, and was then marched baok to his quarters at the police station, a tremendous crowd of people being on the ground to aee him pass out. The people did not give audible expression to feeling o£ any kind.