TIMARU MURDER CASE.

Otago Daily Times, Issue 7782, 28 January 1887, Page 3

TIMARU MURDER CASE.

Supreme court. CRIMINAL SESSIONS. Thursday, January 27. (Before his Honor Mr Justice Williams and a Special Jury.) fourth Say of the thial. Thomas Hall was again placed in the dock upon the' .charge that he, on the 9th January 1838, did feloniously, wilfully, and with malice aforethought, kill and murder one Henry Cain. Mr B.C. Haggitt (Crown prosecutor at Duuedin), assisted by Mr. White (Crown prosecutor at Timaru), appeared for the Crown; Mr F R Chapman, with him Mr J. E. Denniston (instructed by Mr Perry, of Timaru) for the defence.

The case was resumed at 10 a.m,

Dr Macintyre (cross-examination by Mr Chapman continued): Captain Cain in his illness 18 months before this death lost a toe. That was attributed to a senile gangrene a state of decay in a person still living. I attribute it to heart disease and disease of the artery I cannot say whether the loss of the toe might be connected with diabetes. I »ver examined for diabetes in Cain's case. I examined for heart disease. There is not neoessarily any connection between diabetes with Bright's disease, but when a man has diabetes Bright's disease of the kidneys may follow upon it. Congestion or Bright's disease may be associated with diabetes. I examined Cain's chest and satisfied myself of the presence of heart disease That was from 18 months to two years' prior to his death. I certified that Cain died from kidney disease and dropsy, and did not specify heart disease. Captain Cain suffered from chronic congestion of the kidneys, not from Bright's disease. According to th« old nomenclature, all kidney diseases were called Bright's disease, and according to the nomenelatureof the present oay several kidney diseases all called Bright's disease. The detection of albumen in thr. »~ia»£« mat » iifieult process. In Bright's disease you Would tind tube casts, and probably blood celU in the urine. Ido not think Cain suffered from Bright's disease but from simple congestion, arising from heart disease. In the lower court I spoke of it as Bright's disease, classifying it under the old classification, in which all or nearly all diseases of the kidneys with albumen were called Bright's disease. There are three forms of kidney disease new classified as Bright's disease. Besides these you might have cancerous disease of the kidney ,_ stone of the kidney, or tumor of any kind, which are not classified as Bright's disease, but probably would previously have been so classified. I was not aware of the more recent classification when I was examined in the court below. Eighteen months or two years befere Cain's death I tested the urine and found it albuminous. My change of expression is due to subsequent reading. Ido not think a stimulating diuretic would have the effect of increasing congestion in chronic congestion of the kidneys; but I would not say positively that it might not. I added ergot to another prescription to stimulate the muscular action of the kidneys. Captain Cain ; during the last six months was troubled with a cough, and I see that I prescribed for him for a cold in 1884. I thtn prescribed a cough mixture. After the appearance of bronchitis I noticed dropsy, and prescribed for it. The prescription of the sth September is the firbt that would point to the existence of dropsy. I used to converse pretty freely with Captain Cain as to what was the matter with him, but have no distinct recollection of informing other members of the family from time to time of what was the condition of Captain Cain, though I probably did so. I used to meet Mrs Newton and Mrs Hall, and might have tald them of the nature of the disease. I can remember one occasion on which I told them that Captain Cain might die at any moment, or live for weeks or months. From the time Captain Cain took ill in July I always regarded it as a case in which that disease would end in death. I felt pretty sure that he would die of the diseases from which he was then Buffering, and I did not disguise that fact from the family. My conclusion that he would die of his diseases was not altered by discovering on the sth of September that he was suffering from dropsy. The discovery of dropsy would be a strong confirmation of my opinion that he was labouring under of iease which would proT« fatal. Senile gangrene is recognised as the reuult of kidney disease, Bright's disease, and diabetes. Senile gangrene in itself is a cause of fatal exhaustion of the whole system, and is sometimes, or even frequently, a source of blood poisoning. Pain was not a feature of Cain's case. That circumstance is strongly consistent with the diseases he was suffering from; he might suffer from those diseases and die of them without experiencing much pain. All those diseases taken together indicate a case of senile break-up and decay. It is rather characteristic of a caselik* Cain's that the diseases should run their course and the patient die without suffering marked pain. In a declining case of that sort I should not be surprised at finding diarrhacea. If Cain had not been stimulated freely he, would have died more" readily from the diarrhoea alone, considering that he suffered from other diseases. Over-stimulation does in some cases provoke diarrhoea; and in a particular person one form of stimulant may produce diarrhoea when another will not. I did not order stimulants to the extent of four quart bottlea of champagne> day. I did not specify the quantity; but he might have been, allowed from one pint bottle up to two pint bottles in the 24 hours, as well as a little stronger stimulant occasionally. At first the quantity of cough mixture was limited by the direction on the bottle, and subsequently I removed the limitation because I thought less was required. I directed it to be taken when the cough was troublesome. The medicine went in Boz bottles, and a bottle should have lasted from two to four days. The cough mixture contained morphia, opium, and ammonia." This medicine taken in large quantities might cans* the patient to take a great dislike to it; and if takeu with a larger amount of stimulant .than was intended, it might produce a great deal of thirst. If taken on any particular day in excessive quantities it might produce nausea and vomiting. It would probably cause irritation of the stomach prior to vomiting, but I do not think the irritations would extend far from the stomach. I should expect it, if retained, to prodace constipation. I cannot say it would not produce purgiug. It is characteristic of an opiate, if there is too much of it or if the circumstances are not favourable, that.it should produce nausea and vomiting. In people who are ill we find all sorts of idiosyncrasies of taste and apparent caprice. In small quantities tartar emetic in solution is tasteless. I have not had much to do with Bright's disease. It is the case that both diarrhoea and sickness may be characteristic of the diseases from which Cain suffered. Thirst is also quite consistent with the diseases from which Cain suffered. I never really hoped for a recovery in Cain's case. It was characteristic of the diseases from which he was suffering that 1 should find him near the end in the drowsy state in which I found him on the 28th of January. That condition is due to the effect of something upon the brain. The kidneys ceasing to act and carry off the waste of the body, that waste is retained in the blood and acts on the brain—a kind of blood-poisoning is produced which affects the brain. This is called urine poisoning, and it affects a good many old people. It was in the afternoon or evening of the 28th January that I saw Captain Cain. I do not remember the hour. The twitching about the face is quite possible as a symptom of urine poisoning, and is characteristic of the final stage of many diseases. In treating dropsy, fret purging by active drugs is frequently resorted to, and these may cause vomiting. These drugs are beneficial if there is no vomiting, but vomiting would induce me to discontinue their use. I noticed certain symptoms in Mrs Hall's case four days after her confinement. Mrs Hall was a strong, robust woman and had had a healthy and normal confinement. Her peculiar symptoms attracted my attention at once. These symptoms were sickness and vomiting, and were quite inconsistent with her condition. I ultimately ascertained to my satisfaction what she suffered from, and from the 15th of August onward she progressed steadily to recovery, though she suffered depressing effects for some months afterwards. Befere last year I had no actual experience of antimonial poisoning. If one of my answers yesterday was that the age and the condition of the patient affected the symptoms, I wish to correct that by saying they do not. After a large dose of antimony the whole or nearly all the poison would be rejected. A person has recovered after taking 468 grains in a doge. It is possible that in one. remarkable case in which a large quantity of antimony was taken, mustard had to be administered to produce vomiting. When speaking of large doses I was not speaking of ounce doses. From 15 to 20 grains have been taken by people without producing disastrous results. Very large dosis amounting from 15 to 30 grains avp reported to have been given, and I presume repeated in the treatment of certain cases. Antimony has been found to be extremely variable in its effects, judging from recorded cases. I have met with no case in which a person suffering from the dis eases from which Cain suffered has taken antimony, and have no actual knowledge of its effect upon such cases. Since this case cropped up I have read a good deal about antimony in standard works, and according to them it produces widely different effects on different p<* sons.

Mr. Chapman : Is it not the case, looking at the extreme variation of results in recorded cases, that it is very much a matter of speculation^ what effect it would produce on a given indiviaosJP

Witness: When given in acute inflammatory diseases the patient can tolerate very much more thin a healthy person could. That is also the case with aconite in fever cases. The symptoms produced by antimony are pretty well known. Mr Chapman: But supposing you had tha opportunity to,experiment upon those 12gentlemen, and gave'them i.li the same (lose, is it not the case ttat it wo;kl produce varying effects upon different individuals? Witness: I should say it is only a matter of degree, provided they got the same dose. The use of antimony in medicine is a matter over which medical authorities at different dates have differed widely. I believe there are some who eren to this day prescribe antimony freely, but they are comparatively few. It is the congestive kind of kidney disease that generally accompanies heart, disease. I never noticed any offentive smell in Captain Cain's room. The room was particularly well ventilated. The nurses might have experienced an offensive smell though I did not. RE-EXAMINED. j Mr Haggitt: Has anything you have been | asked to-day altered the opinion you expressed yesterday as to the effect of a small dose of antimony administered to a person in the condition Captain Cain was during his life ?—No. Although it may be a fact that under certain circumstances antimony may be adrniuistered withoutactually causiug harm, if a person has heart disease, coupled with kidney disease and dropsy, I understand you to say that it could not be administered to him without causing harm ?—lt could not be. Witness (examination resumed) : The effect of antimony upon a person suffering from those diseases would be to cause great depression and to accelerate death. The cases in which antimony has been administered without injury havo been cases of inflammatory fever. The age of a patient does not affect the symptoms in a case of antjmouial poisoning, I should say ; that is to say, She symptoms in a child would not be different from the symptoms in an adult, but an old and diseased person would succumb before all the symptoms which would occur in a healthy person would show themselves. It is dangerous under any circumstances to administer antimony to an old person, and it is recognised that it must not be given even medicinally to an old person. -No medical man prescribed for Captain Cain except myself. I never prescribed antimony for him.There were about 2§ dracms of chlorodyne in the Boz bottle, and the quantity of morphia in that would be very small. "There would be about the 15th of a grain of opium in each dose, and 16 doses in the bottle. One grain of opium might make a man in Captain Cain's condition sick—from one to three grains would; and there would not be quite a grain of opium in the whole bottle. At one time I ordered that Captain Cain should have nothing but champagne, as he could not retain food. I intended that he should have at that time about a quart a day, and he was allowed a little other stimulants as well. If he took nothing but champagne he would probably he allowed a little more than a quart a day. Senile gangrene was not a cause of fatal exhaustion in Captain Cain. The captain had suffered from gangrene 18 months before, but it had healed up, and only one gangreuous spot >roks out during the last illness. Pain was not a feature of Captain Cain's case, and pain is a feature of Bright's disease, and towards ohe end the pain sometimes became intense. I told Captain Cain he had dropsy, but do not remember telling him he had kidney disease. _ I think I told Captain Cain at Watkins' chemist shop that he was suffering from dropsy, but I do not remember the date.

To Mr Chapman: I may have conversed with Captain Cain about his dropsy more than once, but I cannot remember doing so. I may have told other members of the family that the captain had dropsy. Acute pain is not common in Bright's disease, but a certain amount of dull aching pain across the back may be said to be characteristic of it.

Dr Drew (a medical practitioner and surgeon, residing at Timaru), examined by Mr Haggitt, deposed: lam surgeon at the Timaru Hospital. I knew Captain Cain personally and some of his friends intimately. I saw Captain Cain on the 28th of January, the day before he died. I called simply as a friend to see him. Captain Cain was hitting up in bed. He seemed'to be suffering a good deal from bronchitis. He wished me to look at his legs and feet, but I declined to do so as I was not paying a professional visit. He threw the clothes off the lower part of the bed, and his thighs appeared to be dropsical. His legs below the knees were baudaged, and I could not see their condition. I fancy there was water running away from his legs. lam speaking from only a casual observation. Captain Cain seemed anxious abouthimst-lf, and asked me if I thought ho would suffer more pain. I said I did not thiuk so. He wished me to feel his pulse, and I did so. It struck me that he had a fairly good pulse for a man who was in his condition. I heard of his death the following night, aud was rather surprised, judging from what I had seen of him the day before. I know Mrs Hall, the wife of the prisoner. I assisted Dr Macintyre to analyse some ice water on Sunday, 15th August. We analysed it at Watkins' dispensary, after 3 o'clock. We tested it for antimony, and discovered a large quantity in it. We also analysed some urine and vomit on the 13th of August, and found antimony in both. The result was the same in analyses made subsequently. I know that ice was ordered for Mrs Hall, to be given to her in small pieces.

Cross-examined by Mr Chapman: When I saw Captain Cain on the afternoon of the 28th January, he talked a good deal in a disjointed manner. The talk was long and rather distressing. From the character of the cough I should think he had bronchitis. I was in the room for about 10 minutes, I think. I felt Captain Cain's pulse just to comply with his request. He was in a very bad condition, and I knew he had senile mortification of the feet and so on. He was very dropsical. The dropsy might be due to kidney disease, and whatever the source of the dropsy was, it was some pretty well advanced disease. Senile gangrene may be a symptom of, or a sequel to diabetes. Since these proceedings I have looked into the subject of antimonial poisoning. Except as a student I hac previously had nothing to do with it. I am not an expert in the subject. From my reading, I should say one man may, under certain conditions, take a larger dose of antimony than another. Per-' sons suffering from certain diseases may take antimony with impunity. The subject of the •ffects of antimony has not attracted much attention in New Zealand until recently. A medical man I should think could express an opinion with a fair degree of certainty as to the effect of a given dose upon a healthy man. As a general rule, you would find similar symptoms in different persons, but there are exceptions. I have read of a very large dose having been taken, and aid having to be brought in fco produce vomiting. In a great many cases, in which the form of the disease is given, I think I could express/a positive opinion as to the effect of antimony.

His Honor: It is the case, is it not, that in •ases of inflammatory diseases the system can tolerate a greater amount of antimony than under other conditions ?—Yes; in acute inflammatory diseases.

Is it the case that in diseases of an exactly contrary kind the converse proposition applies, and that the system would tolerate a much less quantity than under ordinary circumstances ?— •ecidedly.

What kind of disease was Cain's?—lt was on« of great weakness.

The converse of an inflammatory disease ?— Yes; it was attended with marked depression. If antimony is administered in small doses to ajperson who is in the habit of vomitiug— who is suffering from a complaint of which vomiting is a symptom—would not the probability be that a great portion of the antimony would be rejected ?—lf the antimony were given in very minute doses.

Yes; assumingit was given in minute doses ?— I should not like to say; I could not answer that question. Mr Haggitt: Would not the rejection of the antimony depend upon how soon the attack of vomiting followed the administration of the dos 3 ?—Naturally it would.

If the fit of vomiting did not come on, we will say, for some considerable interval after the dose of antimony had besn administered, what would become of the antimony ?—lt would remain in the system.

Suppose Captain Cain had been suffering from kidney disease and dropsy, what would be the effect of administering to him small doses of antimony ?—I should think it would reduce his vitality still more.

And suppose that in addition to dropsy and kidney disease there was also an affection of the heart, what would be the effect then?—l should think that it would J be — that it would tend to a fatal result.

Mr Chapman t You speak, Dr Drew, with reference to the condition in which you saw Cain on the 28th of January ?—Yes. That is your opinion as a medical man, based on the condition in which you then saw him ?—I saw him simply as a casual observer.

And all that you can say is that with this data beforeyou, you give the best opinion you canform under the circumstances ?—I knew that Captain Cain had suffered from mortification of the toe and that he had recovered from it, and-I knew he was suffering from bronchitis; that was apparent to anybody.

What you have said in reference to these questions is the best opinion you can form with reference to your knowledge and observations of the case ?—Yes.

But you do give it as an opinion—you do not speak with absolute certainty as to its necessarily accelerating a man's death, for example ? That is simply given as an opinion ?— That is the opinion I hold. I certainly think that if antimony were given to a man in that condition it would accelerate his death.

You do not treat it as a matter of certainty. You give the best opinion you can form, which you say is the opinion you hold ?—I think it is the opinion of every medical man.

Again, doctor, you put it in the form of an opinion. Is not that so ?—Well, I hold a very strong opinion about it.

Yes, butitisanopinion,isit not ?—Yes. I have never had any practical experience beyond this; but from what I have read, and from what I saw and knew of the man's condition, I certainly consider it would accelerate his death.

But that is as far as you will go ?—Yes; I hold a very strong opinion upon it.

Hannah Ellison, nurse, residing at Timaru, said: I nursed Mrs Hall from her confinement in June until a month ago, when I left her. She was confined on the 16fch June, and took very sick on the third night after her confinement. This sickness continued to the 15th August, off and on. Sometimes Bhe was a couple of days without being sick. She was sick both by day and night. Prisoner was very attentive to her, and used occasionally to give hc>r food and drink. Mrs Hall was very ill on 15th Angnsfc. She -mas taking nothirg <-o eat afc that time» bat only ten* sad. a little fo *&tn toßrtftamtaff lips,

and i had to give her injections every three hours of brandy, paucreatine, and arrowropt. She was taking nothing by the mouth but ice and ice water. The ice was put on a piece of muslin over a cup, and I poured a little of the

ice water from the cup into a wineglass to moisten |her lips. Other ice broken up was kept on a handkerchief stretched over a jug, and I kid filled a colander with ice and put it in the smoking-room adjoining the bedroom so as to be handy for use. The bulk of the ice was kept in the bathroom. The ice that I put on the muslin over the cup on the Saturday night (August 14) I took from the calander. Hall came into Mrs Hall's sick room at about 9 o'clock on Sunday morning, and I left the room when he came in, and stayed away as nearly ns I can recollect about half-an-honr. When I returned there was no one in the room but Mrs Hall herself in bed. She looked very ill, and told me that Mr Hall had given her some ice \ water. His Honor: I do not think that is evidence. Witness: She said it had made her feel very sick. She was very sick very soon after I came into the room. In consequence of what Mrs Hall told me I tasted the ice water that was in the cup. It tasted bitter and made me sick. I took about a teaspoonful as nearly as I can guess. I was sick a day and a night some time before that;-1 do not remember what I had taken. I am not subject to sickness. After tasting the ice water I took the cup containing it, and was going to take it out of the room when Mrs Hall called me back. I then poured part of the water into a clean cup I had in another part of the room ofi the washstand, and put the first cup back in its place on the dressing table near the bed. I then took the cup I had poured some of the water into out of the room, poured its contents into a little bottle, and put it in my pocket. I then went back into the bedroom, and about five minutes afterWards Mr Hall came in. Mrs Hall asked him to taste the ice water, as it was very nasty, and she complained of being very sick. Hall put it to his lips and said he could npt understand it; he must have made a mistake and have poured some of the water out of the jug. Miss Houston came into the room while the conversation was going on, and she said " If it's nasty you shan't have it," and took the cup and its contents out of the room and brought it back emptied, with clean muslin and more ice •n it. I kept the bottle into which I had poured the ice water in my pocket until the doctor came—between 1 and 2 o'clock the same day, and I gave it to him. He took it away with him. Mr Hall used to give me the brandy for the in- ! jectiori. He gave me some that same Sunday. I had some in a bottle in the room, and he gave me some more in a brandy bottle about 6 or 7 o'clock in the evening. The bottle, which was a large one, was not nearly half full. I put it on the chest of drawers in the bedroom, and did not use any of it. Something happened before 9 o'clock (the lime for using it) which prevented me. One of the gentlemen called out from the dining room that evening for whisky, saying that Mr Hall was fainting, and I said 1 had no whisky, but gave tbs bottle of brandy to Constable Egan. I did not get it back again ; the police took it away that night. I after this gave everything that passed from Mrs Hall to Dr Macintyre. The police took away the jug con raining the ice water; I gave it to Inspector Broham just as it was, with the handkerchief over it, and the water that had trickled through the handkerchief. After the loth August Mrs Hall's sickness did not continue. The prisoner had no opportunity of attending upon her after that date. , ,

This witness was not cross-examined.

Thomas Broham, inspector of policeat Timaru, said: I arrested the prisoner on Sunday, August 15, at about half-pasb 8 o'clock. Detective Kirby was with me aud Constables Egan and Strickland. Prisoner was coming out of tho dining room door when I saw him first. He turned back into the dining room and we went in after. Miss Houston was coming out of the smoking room, and I beckoned her to come into the diningroom.which she did. I told them I arrested them both on a charge of attempting

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