TIMARU MURDER CASE.

Otago Daily Times, Issue 7782, 28 January 1887, Page 4

TIMARU MURDER CASE.

(ConiimiM frcm 3rd Page.)

to poison Mrs Hall by the administration of antimony. Both were very much astonished, and Miss Houston said, "Antimony! Why, that is what you use for your photography." Hall turned to her and said, " Be quiet, you have nothing to do with this." He then said, " Whatshall 1 say ? I suppose a man ought to be very careful what he says with a charge like this made against him." I said, " You can say anything you please, or nothing at all if you think fit." Ho then said, " I have used antimony for a long time. I bought tartar emetic at Guun and Eichbaum't to use with some other things to make into cigarettes for my asthma. You know I suffer from asthma." Ho then said, «< Whatever I did in this matter I did alone. There was no second person concerned in it." He repeated this twice. From the time I west into the room I kept my eyes on Hall's hands. I saw him put them partly into his trouser3 pockets I said, "Take your hands out, please; don't move them." Afterwards he made another motion to put them into his pockets, and I said the same thing to him. He began to get very weak, and looked for a nip of brandy, and I sent Constable bgan out to get him some. About this time I told him we would have to search him, and Kirby and myself went up to do so. He then again asked for brandy, and I thought he seemed very faint, and sent Kirby out of the room to get some as Constable Egan had not returned. Hall had shifted his position, aud stood opposite the fire, and directly Kirby left the room he made a sudden movement towards the fire and put his hands into his pockets. I told vim to take them out, and he did not do so, and I then siezed his wrists. There was a bright fire burning. We had a struggle. Just then Miss Houston raised a cry, and ran between us, and did all in her power to separateus. We were leaning over the fender, about a foot from the fire, and Hall was rnakiug his best exertions, I thought, to throw something into the fire. He did succeed in getting a cork out of his pocket, and I saw it drop on the hearthrug I called out for Detective Kirby, and as I heard his footsteps approaching, Miss Houston ceased her eftorts and stood beside us. I said to Kirby " He is trying to throw something into the fire,'' and I held his hands while Kirby searched him taking out of the right-hand trousers pocket, I think, a small phial containing some fluid and crystal. It had no cork in it. I also saw taken from his pocket a small packet marked " Tartar emetic." The pocket when turned inside out was quite wet. I saw Kirby take a small particle of white powder from the carpet, and also pick up the cork, which fitted the phial. After this Constable Egan brought in a bottle with brandy in ifc. I saw it looked cloudy, and said to Hall "There is something wrong with this brandy" He said, " No, it is all right." I said, " You see it is cloudy and dirty looking." He said, "Oh it is all right at any rate." lam not sure if he or I was pouring some out, but Hall raised the glass to his lips and I stopped him. We then went and searched his bedroom upstairs. On a table I saw a book marked " Taylor on Poisons." Hall reached it before me and said, " I suppose this also will tell against me." I also found in the bedroom some tartar emetic and a bottle of colchieum wine. MrHaggit: Anything else? Witness (after a lengthy pause): Yes. I got a I packet of the ordinary shop cigarettes used by people suffering from asthma. | Mr Haggitt asked that these should be produced, and the box containing the exhibits was opened in court. Witness: We found no home-made cigarettes. | All these things were sent to Professor Black for analysis. To Mr Chapman: It did not come to my notice that a bottle of atropia afterwards came Irom Halls office. Kirby gave me a bottle about a month ago which he said he got from Ross. It was labelled "Eye-drops," and is at my office at Timaru now. This was not mentioned at any previous inquiry.. I think it was round since the committal. The chemist's name upon the bottle was Eichbaum. To Mr Haggitt: I searched a drawer in a safe in Hall's office on August 25. I found two policies for insurance for £3000 each The keys of the safe were found on Hall when arrested. Austin Kirby, detective at Timaru said: I was present with Inspector Broham when Hall was arrested. Mrs Ellison handed to Constable Bgan in my presence a bottle of brandy I handed it to Inspector Broham, who poured some into a glass. I received this bottle back from him the same evening with a number of other things—all that he got in the house. I kept possession of these till the following niornuig, when I handed them over to Inspector Brodie, and they were examined in the presence of Dr Macintyre, Constable Daly, aud myself. A portion of the contents were sealed up in bottles and given into Constable Daly's charge. I have possession of all the articles in this case which I received from Dr Ogston at Christchurch on 9th October. His seal is on the box.

To Sit Chapman : I gave Inspector Broham some time ago a small bottle I received from Mr Ross. It contained a light liquid and was a little more than half full. It was, I think, about six weeks after Hall's arrest. To Mr White: I think it was since his comntitfal. John Daly, constable at Timaru, said: On August 16 I received tome things from Inspector Broham which I packed in a box and took to Dunedin, where I handed them over to Professor Black. Eugene Egan, constable at Timaru, said- I was present at Hall's arrest on 15th August, and received a bottle containing brandy from Mrs Ellison. I took it into the dining room and poured a portion into a glass. Mr Broham said it had a peculiar colour and he did not like to give it to Hall to drink. Mr Broham took the bottle. John William Webb, undertaker, Timaru, said: I I knew the late Captain Cain very well and conj ducted his funeral arrangements. It was at the , end of December or beginning of January. I 1 think. J Mr White: Think again. Witness: I have no doubt. That is when I think it was. I was present at the exhumation His Honor: The date of the funeral is important, because it may be a question whether tha right body was dug up. Mr White: We will show it, your Honor. Witness: I recognised the body as that of Captain Cain. The date of tho exhumation was September 27 last, I believe. The coffin was taken out of the same plot that we put it in. We took it from the cemetery to the morgue. Dr Ogston and Dr Hogg were there, and when they had finished, by their orders we closed the coffin again. Drake is the name of the sexton I saw bury the body. This witness was not cross-examined. Edward Drake, sexton at- the Timaru cemetery, said: I received Captain Cain's coffin from the last witness for burial on 31st January 18S6 I afterwards saw it exhumed on 27th September, and taken to the Timaru Hospital, where a postmortem was made by Dr Ogston and Dr Hogg. Arthur Steadman (recalled) said: The document produced is a mortgage handed me by the prisoner as part security for the overdraft It was uot to be registered at Hall's wish without notice to him. There was a previous mortgage of £4000. In my opinion it became necessary to register it afterwards, and I had it registered. In the interval Hall and Meason had given another mortgage (certified copy produced) over the land for £3500, and ours became a third instead of a second mortgage. To Mr Chapman: In December and January Iwas putting no pressure on Hall and Meason. They stood in good credit in my opinion. Wee. Selig (apprentice to Mr Watkins, chemist, Timaru) deposed: I went into Mr Watkins' employment in October 1882, and have been there ever since. I have made up Captain Cain's cough mixture from Dr Macintyre's prescription. The cough mixture was supplied for the first time on the 24th of December. The entry in the prescription book is in my handwriting, but I-c'annot swear from that circum-'

eSoftf'f^ c Preßcriptf°n. The writm January is also in my handW. H. Willway was recalled, andhaving examined £ b°0k f 8 'stat«d^ *ho result of his 8 examination that Captain Cain had between the 24th December and 28th January 10 bottles of the rijTl^il"?^ by Dr Macintyre and w • eof COIIS^ mixture. Wm. Selig (examination resumed) said • The entry on the 24th of December indicates chloro dyne mixture prescribed by Dr Maciutyre These mixtures were kept made up for hR" in my handwriting, « Cough mixture 7144 R " and on the 14th two similar entries. One is Vhfl *an6; wntmS, and one in Mr Stewart's. There is also an entry in my handwriting, «™ g T ,I£ ifc referred to a prescript tion. I should think a number would be there and there is no number there. We supplied things to Captam Cain's household that were charged to Captain Cain. The mixture may have been for someone else. We do not know for whose use they are. Is any member of Captain Cams household bought things they were S^o e g l tO P C TPtam CT- On &* 23rd, 26th, and 28th of January there.are entries of the prescription cough mixture, in my handwriting. Ihe mixture was put into 6oz bottles. The direction on the bottle was," A dessertspoonful in a little water when pain or cough is troublesome. There were 24 dessertspoonfuls in a bottle.

. . lo. M? 9 ha Pman: What was supplied to Captain Oam s household was charged to Captain Cain. Ido not know of any purchases for cash having been made for Captain Cain, but there may have been such purchases. There is an entry "Cough mixture" on the Ist December 1884 1 hat was a large bottle Watkins' pectoral, 2s 6d. On 13th November 1885 loz of strychnine was purchased on Captain Cain's account. I should say about half a dozen different medicines for various purposes are made up and kept in stock tor Dr Macmtyre. I cannot say if other doctors have prescriptions made up and kept in stock at the other chemists, but we keep no prescriptions in stock for them. " v

To Mr Haggitt: We have these prescriptions made up and kept in stock for our own convenience.

Roderick Fraser Stewart, recalled, said: There is an entry in the day book in my handwriting on December 28,1855, for half a yard of waterproof sjeeting and a mixture. The latter is the cough mixture that Dr Maciutyre generally prescribes and that we keep in stock. It consists of compound tincture of camphor, chlorodyne, syrup of squills, spirits of nitre, and an infusion of senega L am ablb to say from this entry that I supplied the mixture on this date. On 18th January I supplied the same mixture for Captain Cain I cannot say to whom the strychnine that is entered for Captain Cain on 13th November was given._ I could not tell how many made-up medicines prescribed by Dr Macintyre were kept in stock: possibly half-a-dozen—not so many as a dozen. ' It being now 5.20 p.m. the adjournment was taken.

Mr Haggitt asked that a number of the witnesses who had been examined should be discharged, as it was a great expense to the country to keep them here.

His Honor allowed a number of the less important witnesses to go. The court then rose.