THE TIMARU POISONING CASE

New Zealand Times, Volume XLVIII, Issue 7997, 31 January 1887, Page 2

THE TIMARU POISONING CASE

THE DEFENCE. (united press association.) Dunedin, January 29. Dr Ogston having been the case for the prosecution closed. Mr Denniaton, in opening the defence, said the Crown had absolutely failed to establish the issue they had undertaken to prove. The prosecution had undertaken to establish three propositions—That antimony was found in the body of Captain Cain ; that the administration of antimony necessarily accelerated his death ; and that such antimony was conclusively and incontestibly proved to have been given by the prisoner. As to the first of these points, they could necessarily offer no evidence. Ths whole manipulation of the body, the whole details of the examination, had been in the bands of the Crown, and the prisoner was virtually in their hands so far as that part of the case was concerned.' The second point, though to some extent abstract and technical, wasvital for the prosecution. It was not material to the defence, of course, because an affirmative conclusion might be come to on it, and the main ground which they raised for ths defence would remain untouched. The evidence of the prosecution showed conclusively that the death o: Captain Cain was originally attributed to natural causes. It was now attempted, after a great lapse of time, when the memories of menhad altered, and the circumstances had become forgotten, to establish a different conclusion. They wished upon the strength of a loose diagnosis', or careless observation, and a slovenly post mortem—an examination entirely based from beginning to end on a foregone conclusion as to the real cause of death to establish the momentous proposition that the death was conclusively accelerated by the fact of autimony being administered. The evidence for the prosecution outside the mere expert evidence had been clearly and unequivocally in the accused’s favor as to the certainty of the acceleration of Captain Cain’s death, and medical evidence would be called to prove that, considering the very weak state of Captain Cain, it was improbable to prove affirmatory and conclusively that his death was accelerated by the administration of antimony. It was for the other side absolutely, conclusively and inevitably to prove that death was so accelerated, and that Captain Cain must have lived after the date be died but for the administration of antimony daring his life. It was unnecessary for the defence to establish that this antimony, if it " were administered at all, was not a depressant, or that it oonid not have a good effect on the deceased. They had simply to prove that the date was so imperfect as to make it impossible for any person to say positively that death was accelerated by the administration of antimony. As to the third point—the alleged administration of the antimony by Hall —tie defence was also necessatiiy circumscribed as to the evidence they could coll. The Crown had not attempted to unggest any proved administration of poison of any kind, bat had relied on a mass of circumstances which did not show the administration by Hall more than by any other person. The Crown sprang from one point to another, suggesting whisky, champagne, cough mixture as the_ prob--able means of conveying the poisonous drug. He contended that the symptoms on which the other side relied as being evidence of the administration of poison were shown to be absolutely Inconsistent with the administration of poison directly by Hall. The Crown had practically relied on simply placing before the jury in a mas® the details of Captain Cain’s last illness, and proving that Hall coaid have ad- | ministered the poison, trusting to the pro-"

judice and ill.-will rising, from circumstances which it would be impossible to ignore, and wb’ohhad been introduced into this case t> induce the jury to find a verdict which the evidence placed before them could not possibly lead them to find. Ho pak it to them as reasonable that it was impossible to say from the evidence given, from the circumstances attending Captain Cain’s death, the manner in which his meals and medicines were administered, the manner In which he was attended to, the circumstances of his nursing, and the symptoms ; it was impossible for them, apart from the shadow attempted to be thrown over this trial by other circumstances and other events, to dud that the prisoner, any more than any other person, bad anything to do with administering the poison, if administered it was. Nothing need be said at present as to the motive, beyond that the prosecution bad broken down. In effect it had been proved that the callous destriiction of Captain Cain was resaltless, and must have been known to be resultless at the time the murder was said to have been perpetrated. He then called

Edward Wakeffeld, journalist, who said he knew accused intimately. He saw the book Taylor on Poisons in the prieoner’a room at Hibbard’s. He also saw the book at Kingsdowu in ISSS* He remembered reading part of the book and talking to prisoner about prussic acid and its effects applied externally. Hall bad told him that he had picked up the book a year or two ago in Dunedin. Benjamin Hibbard, of Timaru, said at one time Hall lodged with him. He left in ISBS. Witness had seen the book Taj lor on Poisons in prisoner’s possession in IS3T cr ISS3. He had picked up the book and was under the impression that the prisoner’s name was written obliquely at the baok of it. He had informed the police that he had seen the book in Hall’s possession. To Mr Hajgitt: Was positive on the point that the prisoner had the book Taylor on Poisons in his possession. He was not sure that he had informed the police before the Christohursh trial. He could not say if the book was the one produced, but was sure it was Taylor on Poisons. George Buchanan, settler at Timaru, said he knew the late Captain Cain intimately. He sat up with him before his death on alternate nights with Stubbs. He was mainly alone; he could always get assistance if required. la the early part of the night Captain Cain was chatty, and restless later on. He had never noticed delirium ; he never slept long at any time, and generally woke np with a cough. Ho never complained of the oongh mixture, but he always behaved as if he did not like it. Witness bad given him whisky and champagne wice, and neither had ill effects. Witness had taken whisky whilo watching Captain Cain. Had taken it from the same, bottle as he gave Captain Cain. Ho had informed the police of what he knew. To his Honor : He had sat up for nights with Captain Cain. To Mr Denniston : Captaiu Cain was cheerful and chatty, and talked of old times. To Mr Haggifct: He went to Cain about Bor 9 o’clock. Stubbs was with him for an hour or so. Both Kaye and Wren used to be in the room. On one of the four nights that he was with Captain Cain he was sick. He thought Captain Cain had whisky twice or three times, and it never disagreed with him. The cough mixture, he was sure, never made the Captain sick. He had given him champagne on two or three occasions, but could not say how often. He did not see much difference in Captaiu Cain on the 27th. He used to sleep best between 2 to 3 o’clock j If Kayo had said that on no night was Captain Cain not sick, he (witness) would say be had made a mistake, unless he called spitting phlegm being sick. Witness heard that Captain Cain was in the habit of being sick. He had asked the police what they were summoning him for, as his evidence wonld not go lor much. Witness had been living in a cottage of old Mr. Hall’s.

To Mr. Denniston : Was never very intimate with the prisoner. Had never exchanged more than twenty words with him, nntil after the birth of bis child. He was an old friend of Captain Cain’s, having known him about 30 years. Ethel Morris, of Dunedin, said she had been a bridesmaid for Mrs. Hall. She had lived at Woodlands for about a fortnight before the marriage of prisoner. During the time she had been at Woodlands, she had seen Captain Cain sick, and on three occasions she saw a basin by the aide of the Captain’s chair to receive vomit. The Court adjourned till Monday.