THE EDENDALE SENSATION.

Otago Daily Times, Issue 11917, 15 December 1900, Page 8

THE EDENDALE SENSATION.

ALLEGED THEFT, FORGERY, AND ATTEMPTED. MURDER.

(From Our Special Reporter.)

INVERCARGILL, .December I\.

The hearing of the charges of theft, forgery, and attempted murder against Charles Arnett was resumed before S. E. M'Carthy, S.M,, this mowing. Mr T. M. Macdonald appeared to prosecute and Mr Hanlon to defend.

Charles Milne, continuing his evidence, said that after seeing the dog Toby had been poisoned, and feeling bad himself, he told Gordon to saddle the horse and go for a doctor. Witness Was able to stand, but was holding on to a post. He then ivent into the lumber room and stood holding on to the studs for some time. He fplt his muscles contracting and twitching, and then lie lay down on the floor. The movement continued, and got worse, and he took a drink of ncatsfoot oil. Witness.could not vomit, and took a pannikin of mustard and water, but without effect. After lying down he felt his body bending backwards, and was in great agony. Joponh Invin,. Herbert Mitchell, and his wife, and Milne, a. contractor, came in. Milne gave him a chow of tobacco, which he swallowed, but the pain, which was all over him, got worse. Witness sent for Mrs McDonald, wife of the manager of IMendale station. He "thought he was " pretty far through " when • Bhe arrived, and lie was getting unconscious. She gave him some whisky, which was poured down his throat, and then he got sick. That relieved him n bit, and his brother and John Gordon took him to the door. He recognised Mr Gordon by his voice. He sat in the chair by the door, and was again very sick. He could not see anyone, and it was not till after he was in bed that his sight returned. The twitching symptoms returned repeatedly while he was in bed, but each time were easier. Dr Rogers camo while he was at the door, and attended to him. Witness had a box in his room, and his brother put all the camp tucker into it. He locked the box and put the key in witness's vest pocket. He remained in bed till 8 or 9 o'clock next morning. His brother and John William White were the only ones in the house. About 11 o'clock he left to go to Wyndham. Before he left he saw the dog Punch lying dead in the cart shed. Hn remained at Wyndham about eight days, and then went back for a few minutes one night, to see Gordon. He thought he gave the key of the box to Constable Bogue on the Thursday. William White was left in charge of the house when he went to Wyndham. He had strychnine in the camp for the last two years. He got it when the office of the station was shifted. He put it above ■the window of the lumber room, and ho had never used it or knew of its having been used by anyone else. Witness had forgotten about it. It was not visible from the floor. John White reminded him of it on Tuesday morning about 7 o'clock. George Dempster brought it and showed it to hi'in while he was in bed. The cork was in tight, and as for as he could judge the same quantity was there as when lie put it away. The bottle was dirty and dusty, as if it had never been handled. Arnett was aware that John White, William White, and W. Gordon lived with witness. Arnett toldjhim on the previous Saturday (October 20i$hat he had been at the camp. He pressed A'rnett for a settlement, and he promised to square un on tho following Wednesday week-.

Cross-examined: The bicycle witness saw a: the gate was not Arnett's own machine.

Counsel did not cross-examine the witness further.

William Gordon, rabbiter, living in Milne's camp, deposed that on the morning of October 29 he had breakfast with the rest and felt no ill effects after it. He went to work and returned about midday for dinner, having tea, bread and butter, and mutton. Ho took sugar in his tea, and felt no ill effects. Milne was having bis dinner when witness went out again at 4.30. He came back with John White. There was nobody in the hut. Ho lit the fire and put on the two billies. When tea was ready Milne, White, and witness sat down together. He had tea, dry bread, and mutton. He did not take any butter. He had a piece of cold pudding first.' He noticed that it had a bitter taste, and after eating about half threw the rest in the fire. He took two teaspoonsful of sugar in his tea. White also had some pudding, and threw wiiat he did not eat into the fire. He said it 1.-—1 a bad taste. When witness drank his tea he did not notice anything peculiar about it. He sipped it just after he put the sugar in. Ho saw Milne throw his tea in the fire, and take some more, with the same pannikin, but did not remember what he said. Witness then tasted Milne's tea, and noticed it was very bitter. Milne then tasted his (Gordons) tea, and said that it was not so bad as his. White also had some tea, but witness did not hear what he said about it. As soon as Milne finished his tea he appeared ill, and took salt ar : d water. -While witness was in the middle

of his meal White went out, and came back looking very sick. Witness went out a good while after White, but felt no particular sensation beyond having a nasty taste in his mouth. He made himself sick in the cart shed. They had six dogs about the place, but the clogs Toby and Jack were the only ones he noticed anything wrong with. It was about half an hour before he felt anything wrong with himself. His body became stiff, and the muscles of his legs began to twitch. White's body, arms, and legs were also twitching, but this was before witness was attacked. The three of them all lay down on the floor of the lumber room. The dog Punch came in while they were there. Witness did not give any of the dogs any of the food that had been on the table, neither had he seen Milne nor White give them any. His father came and took him away about a o'clock. He was getting better when the doctor arrived, but was not able to walk home. He was in a buggy.

Mr Hanlon did not cross-examine. William Duffus Milne. contractor, Edendale. brother of Charles Milne, deposed that lie went to the rabbiters' camp. He found his brother lying in the corner of the lumber room, evidently in pain. He said to witness that thoy had been poisoned. Gordon and White were lying on the floor close by him. Witness gave his brother some tobacco to make him sick. Witness and John Gordon afterwards lifted him up and put him on a chair by the door. After Dr Rogers arrived they put him to bed. The doctor let about 1 o'clock in the morning, and took aw a> .ample* of the food from the hut. Witness took the sugar, the tin of tea the butter, a pannikin half-full of salt and a piece o cheese and put them m a box, locked it. and bcin<r supported on a chair by Gordon, sen., and his brother, and was unable to speak. Wilne^ made a cursory examination and noticed his hands clenched, muscles anituco twitching, and the features assuming a Dluisji hue. He ordered the man's removal to heel. Witness than had a look at White and Gordon, who were both being walked about in the lumber room. White complained of .cramp in the Rtomach and in the calves ol his legs, but was apparently not so bad as Milne. Gordon appeared pole, ami snoweti simis of recent suffering but that, was all. Witness considered him out of danger. He then wont back to Mime. His body Had become rigid and bent, and he was resting on his head and bis heels. Witness first ot all gave him warm milk to drink, and then gave him an emetic. It produced vomiting in shout 10 minutes. He bad further spasms of convulsions similar to those referred to, but each successive convulsion diminished in intensity. The emetic used was sulphate ol zinc. Milne was perfectly conscious between the spasms, and gradually improved. Witness then went back to White, whom lie also

had ordered to bed. He presented the same symptoms, but not to so marked a, degree. He gave him warm milk and an emetic, as he had' done to Milne. Witness considered Milne and White to be in a very critical condition when he arrived. He" had no doubt whatever that strychnine poisoning was the cause of their illness. On his way home ho

called at Gordon's house, but from his condition then ho could not say what he had been suffering from. From his evidence that' afternoon he would conclude that he was suffering from strychnine poisoning. Before he left the hut he took samples of tea from the billy, which he put in a bottle. He also took samples of the salt, sugar, and dry tea, which he wrapped up separately. He took all the mutton which was lying on the table, and made it up in a parcel. He put the lot in a sugar bag" took them home, and locked it up. Next day he packed all the articles in a box, and forwarded them to Dr Black, at the Otago University. He went to JCdenda!e to see' Milne, and afterwards went to the camp to see one of the dead clogs. He removed the stomach, packed it in a, tin, and sent it to his house by William White. lie subsequently sealed the lid. and forwarded it also to Professor Biack. He gave instructions to Milne how to forward the box, and he forwarded it by rail to Professor Black, to the university, Dunedin. He wrote to Pro-

fessor Black advising him that ho had scut the box. William White, rabbiter, Edendale, living at the camp in the same house as his brother. Gordon, and Milne, said he remembered October 29. He had breakfast with the others, and had some of the cold i>\uldiiif» after the meal. He left the camp about 10.30 in the morning, and did not return until after he had had his tea in the township on his way back to the camp. He saw Milne, who was lying on the floor in the himber room. Milne was twitching. He raw John "White (his brother), and he was. also lying down in the same room. He also saw Gordon, but he was not so bad as the other two. Witness went away for the doctor almost immediately on arrival. When he got to Wyndham he «ot poir.eone there to go in for Dr Rogers. \V. Milne, Joe Irvine, bis brother, and Charles Milne stayed in the hut that night. Saw the doctor taking the samples of food off the table. Saw William Milne Uking the rest of the food and putting it into Charles' room. Did not remember iti any way interfering with the food on the table. Charles Milne left next morning by the express coach. Oould not say at what time William Milne left. Irvine left early. Witness was left in charge of the house. He bolted the doors of the house leading to the ouside, except the door of the lumber room, which came off, and that doflr he locked. He returned alone to the house on Wednesday morning, and entered by the door of the lumber room. Got a padlock at the store, and tried it on M-ilno's bedroom door, but it did not suit, so changed the padlock on the lumber room door, and then locked the room up. flaw the box of clothes, in Milne's bedroom. Witness did not remain at the house all day, as he went clown to the township for his meals, and to see his

mates. He left the house locked up whenever he went away. He had all the lcovs ir

his pocket. He did not sleep at the hut on Wednesday night, leaving the hut about, 5 or 6 in the evening. Returned again on Thursday morning. His brother was there. Did not remember if lie accompanied him to the hut. Saw Constable Bogue at the hut. He was not sure that he (witness) was there when the constable came. Ho opened the bedroom door, and saw Constable Bogue take away Milne's box. • Witness drove the constable and the box to the township. He was accompanied by his brother and Gordon. They drove to Constable Bogue's house. It wis in consequence of certain instructions witness lind received that he look all the precautions about locking up the house. Witness knew accused, and had seen him at the hut, but pot for about four month? prior to the day in question. Arnett was not at the hut while witness was there on the Saturday. Constable Bogue, stationed at Wyndham. said on the 30th October he went to the camp occupied by Milne. White, and Gordon, and found a bottle of strychnine over the window in the lumber room. It was not visible from the floor, and it was in consequence of what

he had been (old tbat'he looked there for it. He saw a number nf dogs.about the place, one of which appeared to be sick. Returned again to the camp the following day between 1 and 2 o'clock, and took possessioiv of the bottle of strychnine (produced). William White was at the hut, and Detective M'llveney was with witness. Saw Charles Milne that "night at BlacHey's Hotel, and he gave witness a key. Visited the hut again next day in company with Detect!™ M'llvenoy and the two Whites. William White was in charge of the hut. Witness went into Charles Milne's bedroom while the others remained outside the hut. Witness found in the bo>: a tin box of tea. a Httlo more than half full, a tin box of white sugar, a broken loaf of bread, a piece nf cheese, a pound of butter rolled in linen, and a pannikin continuing table salt. There were also a number of letters and paper. He did not remove them from the box, but took it to the police station at Wymlham. Witnessremoved the contents on the 12th November, nnd handed the box. napcrs, etc.. back to Charles Milne. Carefully sealed up the sugar and butter, and put them in a small box. On the 15th November took it to Dnnodin by the express and delivered it that night to Professor Black. No one had access to these articles except witness while they wore in the police station at Wyndham. James Gow Black, Professor of Chemistry at the Otago University, and Government analyst for Otago, stated that ho remembered receiving a letter from Dr Rogers and a box containing six different articles, besides packing. One was a tin plate containing two or three pounds of boiled mutton. A second contained boiled mutton fat. a little of ten liquor not sugared, a small packet of ordinary dry tea, another small uacket of ordinary dry tea. .Another small packet contained common salt and a packet of sugar (about 2^07.) wrapped in three coverings (oil produced). Witness examined the whole of them, and found nothing particular in five of them: but in the sugar he found strychnine in the proportion of 54gr uer ounce of sugar, or a, little more than half a grain of poison to the ounce of sugar. On the same afternoon witness received another letter from Dr Rogers and a package containing a. honoy-tin containing the stomach of a, dog, tied at both ends (produced). He analysed it, and found strychnine, but did not estimate the quantity. Remembered the 15th November and Constable Bogue calling about 9 o'clock. Constable Bosfi:o handed witness a wooden box (produced). Tlie box contained a tin of sugar and a jar of butter. There was 21b lOoz of sugar, which he analysed, and found 63gr of strychnine per ounce of sugar. Also examined "a glass jar of butter, and found strychnine also, but did not estimate thfi quantity. The noison was found strongest, on the outside of the butter. Witness imdo about 50 trials of the sugar and found strychnine in every trial. Authorities speak of

from £gr to 2gr of strychnine as being sufficient to kill, but witness had no personal knowledge. The spoon witness received from Constable Bogue he had made tests with, and found that by lifting it carefully one could lift, an ounce'of sugar in it. Saw Chief Detectivo Campbell on the evening of the 16th November, and received a Gladstone bag from him containing clothing. Witness examined the pockets of all seven garments, and in three of the garments found strychnine, and not a trace in any of the others. The poison was found in tlie right-hand pocket of the black vest. In the black coat he found strychnine in all five pockets. In a pair of brown

trousers strychnine was found in both pockets. If anyone handled strychnine, witness would expect to find traces of it if the person had put his hand in his pocket without washing

it ill the meantime, so delicate is the test. In the coat thare was also a cloth in the pocket, and traces of strychnine were found in it. Witness was of opinion that most

strychnine had been found in the vest pocket, and no;;t in the right-hand pockets of the coat. Dr Rogers was here recalled to identify the boxes produced in conn by Professor Black. William Milne stated that he put the broken loaf of bread into his brother's hat.

John White, rabbiter, living with Charles Milne, at the camp near Edendale, gave corroborative evidence of what had already been stated occurred at the hut on October 29.

William Milne, contractor, at Kuendale, said he lived at the camp not far from where Charles Milne lived. Witness was no relation to Charles Milne. Went to the hut in consequence of what he heard on the evening of October 29. Witness also corroborated what, had already been plated.

Joseph L. Irwin, contractor, Edendale, stated in his evidence Hurt he met accused riding his hike from the direction of the camn paddock gate on the afternoon of October 29. This gate was opposite the rabbiters' hut. and it'would take about four minutes' walking at an ordinary walking piiec from the hut to the gate. It was about 4 o'clock when witness met accused.

Donald M'Donald, manager of Edendalo station, eni'l he rememhpre-1 the afternoon of October 29. Accused did not come to the stock yards on that day.

George Drumpsler. storekeeper. Kdendale, stated that in consequence of whnt Charles Milne told him he wont to a window in the himbet room and found a bottle containing strychnine above o window, covered up with chaff and dust. Witness was not certain that he returned it to the ledge above the window or put it in a box or table near Milne's bed. Detective Conway stated that he went to Mr Sullivan's, office in Dunedin, wh-re he saw accused, who returned to the Police Station, at witness's request, with him. When

witness took accused into the detectives' room he lold Arnctt that a warrant had been issued for his arrest for the theft of money from Charles Milne.. Accused r.sked who laid the information, and when told it was Milne, replied that " Milnp kept no check on me." and that whpn he (Arnett) wanted (lie tallies made tin Milne luid always said there was plenty of time. Witness then remarked that Milne and his new lad had a very near go of being poisoned. Accused expressed no surprise-, and replied that he had been at Milne's camp two days prior to their taking b:ul. when he had had a pannikin of tea. and had boon sick afterwards himself. When accused was charged with the theft of £600 he asked if t'<at wns the, only charge. Witness answered "Yes." whereupon accused siiid that it was a complicated affair, and if Sullivan had been there things could have been squared. •T. D. Trwin. recalled, said he cotild not remember the plothns Arnett wa.s wearing when he met him except that they were dark.

Charles Milne, recalled,"identified the colour of the trousers produced a« the colour of the trousers Arnetl was wearing and'the

coat and vp-H produced were like the ones he wns wenrintt, bul could not swear to them

To Mr Hanlon : The last time witness saw Arnplt prior to the 29th was on the Mill.

nnd t'>en accused wns wearing a grey pair of bicycling pants with the scat cut out, but

could not remember tlm colour of tlm mat. On Ms oat!) witi>o',= said ho could not swear wlml appnwd m." wearing al any time but on the 20th, whpn lip was v-parincr the grey

hicyc'ir.ff nnnts. find the ?PMi. 'when he w.i« wenrim? clothes similar to those nrodupprt. II was not mving tn wl'M. Profes-w Black lrd

paid in evidence lint afternoon that had made him sure of nrr-u>d"s HoI-'-p* on tin- ZPIh. Chief' Defp.-tivo Campbell remembered th» ]3th November, vhpn he accompanied needed and a (-."'lctnhlp- to Maliurn from Dunpclin. When be senrflmd .-iccu^rl's house at witnßSf) s vpoil'"l^ . unpii^od lii'iHion hirp so*no clothes, and said lie was wearing n bla«-k rout mid vest and brown trmiwrs on October 29. Wilncss took nos^=ion of them, and handed them to ProlVs-Ti- Block Ihe next day. The clothe; produce' wore Iho s.inm. ' On tlm morning of rV I*l h witness (-aid to aceu?ed thai hi; was pli.-vcrnd with nH"mptinq: lo ,-nur-

rler nhiirip" Mi>.B. John While, :>nrl Willinm fJordon with poi«""—'o wit, strychnine. Ac-

|--;pd mode no reply. Tbvs closed tlm evidence for the prcsccu

Mr Hanlon snirl ho did not w.int to od-'ress (he court, nnd accused reserved hi= defence for (ho Supreme Court.

Aeon *crl wos tlif1)1 pornmitt.p*l ■)o lii^ (vial at tho next fittings of the Supreme Cr-"rt.

!\f>' TTnnlnn madp nnplieM'nn for bail, but his Worship refn«Pfl the application.