THE INQUEST.

Otago Witness, Issue 1825, 12 November 1886, Page 11

THE INQUEST.

Mr J. 8. Beswick the coroner for the district, took bis seat punctually at 11 a.m. to commence the inquest on the remains of the late Captain Cain; Inspector Broham then called the following jury : — T. C. Plante, J .Anderson, J. Shepherd, C. Bowker, A, j. Quelch, and W. Priest. Mr Plante wa chosen as foreman. After the jury had Deen sworn in The Coroner informed them that they would have to go to the cemetery to view the body. The .jurymen wore then escorted out by the I police, and, having got into a couple of expresses that were waiting, were at once driven to the cemetery. They were absent altogether about 20 minutes. On their return Mr White said, instructed by the Crown, he appeared to conduct the inquest, and Mr C. T. H. Perry, by permission' of the coroner, 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 called as follows : — Patrick Macintyre : I am a duly qualified medical practitioner, residing at Timaru. I whs medical attendant of the late Captain Cain and attended him regularly till his death. I havo seen a body in tho cemetery which I believe to be that of the late Henry Cain. I don't say that I identity it. I have this morning also 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 which I saw the coffin of the captain buried. Some two years before Captain Cain died he lost the small toe off one foot. I made an examination - .this morning and found both small toes missing. During his last illness Captain Cain suffered from kidney disease jand dropsy.- Enfeebled circulation also, existed from a previous illness. I preBcribedf requently for him' up to the time of his '-* death. None of my prescriptions contained antimony or any preporation of antimony. I /\k prescribed stimulants — spirits and wines — ■^^among them being champagne. Mr White : Having regard to the disease Captain Cam was suffering from, would stimu- " lants such as described, if administered in ; ' medicinal doses, have the effect of producing siokness? . Witness : No they would not. Captain ■ Cain's last illness was of six months' duration. He died on the 29fch of January 'of this year. Captain Cain once complained to me that his whisky made him sick. I had known Captain Cain about 14 or 15 years. He was a man that always enjoyed his glass of whisky. I never heard him complain of whisky with the exception I have mentioned. To Mr Perry : 1 certified that death resulted from kidney disease and dropsy. <To the Coroner : The administration of poison - like antimony would accelerate the death of a person suffering from dropsy. Bridget Wren : I am the wife of Dennis 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 retching about four months before he died. He had not been very ill jnst before that. I remember him losing- one of his toes, the • small one on the right foot. I remember about the Ist Decembsr that Captain Cain. Mrs Newton, and I think Miss Houstbn, tnvself, and Dennis Wren were in the house. During that month later on Miss Gillon came there oh a visit. Thomas Hall used to come there afc that time in the morning and bometimes at lunch. He also used to call on his way going out of town in tho evening. Hall sometimes sat up with Captain Cain at nights during December I knew Captain Cain was ordered champagne and spirits by the doctor, I sometimes gave it - l^h^ E^metimesMrs J^ewtpDj and Miss HciMWi aiKSE rtre bsme vo rhGnt-vfa.

Mr White : Do you know of your own knowledge if Hall gave the captain spirits ? Mr Perry : I object to this question— to any such suggestion.

Mr White : There were a number of people in th*» house, and I wish to ask this question about H>ll. 4

The Coroner: I agree with you; to save any difficulty arising I will ask the question. I can ask any question I like. Witness (to tho coroner) : I don't know of my own knowledge whether Hall gave spirits to Captain Cain or not. The liquors used to bo kept in the sick room in a decanter. They used to be got from a state room. Captain Cain was also in the habit of taking claret, which was also in tho sick room. Hall was in the habit of coming to the house for more than two months, perhaps throe, before Cain's death. I have been present when tho captain vomited. Sometimes when ho took no food at all he vomited. He used to take spirits with his dinner, and used to be sick sometimes.

To Mr Perry : I think Mrs Newton used to sit up with Captain Cain pretty hto 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 up with him after Christmas.

The Coroner : What is tho use of all these questions, Mr Perry? We only want to get at the facts, and if this cross-exauiinatioz. goes on it will pro%'e interminable. Thid seems to me 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 can, uir.

Witness continued : During my stay in the house Captain Cain was never sick after breakfast, wh ; ch he took at 9 o'clock. His sickness 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 in it All the bottles contained whisky. lam quite sure there was no special bottle for Captain Cain, and anybody could get to them.

Dennis Wren : lam a gardener in Timaru, and was in Captain Cain's service up to the time of his death. I remember the captain 10-sing the little toe of tho right foot. Some time before his death Hall began to pay vi&its to the house, and ho became very friendly about six or eight weeks before the captain died. On coming in in themorningHallused to call and also on returning in the evening and sometimes at lunch. About four or five weeks before the captain died Hall sat up with him two nights. So far as I cnn roinember the captaiu vomited frequently during the last five or six weeks of his fiual illness. I never saw Hall give the captain anything. Tho captain said his grog made him sick and be could not account for it. He then took port wine instead of whisky. I have seen Hall in Cain's room every morning and evening. I left tho 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. Hall told me that the captain could not possibly get over his last illness. Hall used to ask of a morning how the captain was. I would reply, '"much better. ' Hall would cay, " I don't think the captain will get over it; it's impossible." To Mr Perry : lam not a medical man and can't say what he was suffering from. I understood from the captain it was dropsy. I 6at up with him 20 nights altogether. I did not assist in tapping him for dropsy. The Coroner: I think these questions are irrelevant.

Mr Perry : I merely want to show that Capt, Cain was in a bad state from dropsy.

Witness (to Mr Perry) : 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 last illness.

To the Coroner : Thisquestion is a silly one, when the man was sick and dying.

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 ; I am a duly qualified medical practitioner, 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. I was in the house from ten minutes to a quarter of an hour. He seemed anxious I should see him, and I did so. Captain Cain asked me to examine him, and I found that up to the thigh was covered with bandages. He asked me if I thought he would get over it. I then felt his pulse. I found it stronger than I expected it to be for one suffering from dropsy. The coughing of the patient tended to increase the strength of the pulse. I was much surprised when I heard of his death the nest day. As a medical man I cannot say if the pulse was that of a mau that might have lived a month or two or was on the verge of death or not. I have felt the same pulse in men suffering from aortic disease.

An adjournment was then made, and on resuming at 2 o'clock the taking of the evidence was continued as follows : —

John William Webb : lam an undertaker at Timaru, and carried out the general arrangements of the late Captain Cain's funeral. 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 at the end of September, and saw it returned. I saw it exhumed again this morning. I could recoguise the body the firdt time, but I cannot now.

To the Coroner : I did identify the body I saw this morning as the one I buried again in Sepi ember. Witness (to Mr White) : Edward Drake was the sexton who received tho body from me and rxhumed it on the last occasion, and in September I was present on all the occasions.

Edward Drake : lam soxton of the Timaru cemetery. I received a coffin from the last witness, Webb, on the 31st January lapt. I did not receive any other body that day. The coffin was lowered into the grave in Webb's presence, and I buried it. The body was exhumed at the end efj September, and buried again, Webb being again present. It was exhumed again, and afterwards reburied once more in Webb's presence. Margaret Graham Houston said: I am at present residing in Ohristcburch. I went to reside at Woodlands, Captain Cain's residence, on the Ist December 1885. Mrs Newton was then residing in the house, besides Captain ■Cain, also Dennis aud Bridget Wren. I did not know Mrs Wren's maiden name. I only know that Bridget afterwards married Dennis Wren. Miss Gillon came to the house 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 the little boy. Captain Cain was not ill •when I first went there. He took ill a little before Ohristmao Day and I was asked to nurse him., I did so for a few days but he soon got too ill and had to havo somebody with him always. Deirais Wren nnrsed him during the day, and a man nivinpH lOiy at night. Ca'ptuiu O<wa'y Wc*Ty

was much swollen. He used to talk to me but did not describe his symptoms to me. I never saw him vomit, but he once went out from dinner saying that he felt very 6iok. I thiuk he was upset from jbeing out for a long drive. From the time I went to Captain Cain's till his death Hall was in tho habit of coining 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 do not remember seeing him at^the house when Mrs Hall was not with him. I remember Hall bitting up with Capt Cain three half nights— they were consecutive nights — before George Kay came. I cannot say if Mrs Hall came with him on those occasions. I had jseen Hall at the house on different occasions on his way to the office in his dogcart. This happened frequently— nearly every day. I never saw Hall at the house during the lur cheon hour. Hall generally brought Mrs Hall, and would theu leave her at tho house and call for her iv the evening. I believe Hall used to go and see the captain when he called, but I never saw him go in myself. Ido not think Mr Meason was in the house the night before Captain Cain died. I think Mr and Mrs Hall went nway about 10 o'clock that night. I remember Dr Drew coming the afternoon before the captain o'ic.d. Hall called at the house the morning of tho r tilth, but I cannot say when I last saw him prioi- to the death. I did not; consider Caplaiu (.'.tin worse than usual the day before he died. I c-nniot say distinctly when I last saw Mrs Hall prior to Captain Cain's death. I think it was seme time, but cannot remember how long, before tho captain's death that the whist party took place. I only remember the one party taking place. Mr Hall, Miss Gillon, Mrs Newton, and myself formed the party. Mrs Hall was also present.

The Corouer (io Mr Perry) : I have thought over your position at this inquest, and have come to the codclusion not to allow anything in the shape of cross-examination. If you desire to put any questions you must put them to me and I will put them.

Mr Perry : Of course, I bow to your Worship's decision ; but it is the usual thing to allow covus'-'l to cross-examine.

The Coroner: No; it is not where iheiu is no chaige made. You have no right to ask Questions except by permission of the court. I will put any question you may suggest

Mr Perry: If; is almost impossible to put questions through the <*ourh One cannot follow his ideas quick enough

The Coroner: I'erhapi not. But I shall not allow you to cross-examine exeunt through me.

Richard Bowen Hogg said: 1 .i.ji a duly qualified medical practitioner residing at Timaru. I was present at the post mortem examination in conjunction with Dr Ogston on September 27. It was the on body mentioned by witnesses Webb and DiMke. I recognised the body as that of the late Captaiu Cain. I examined the feet and, found the right little toe was completely missing and the liift little toe was hanging by a piece of skin. The contents of the abdomen, the stomach, portions of the liver, the small intestines, the bladder, the kidneys and spleen were examined at the time of the j>ots mortem examination. I and Dr Ogston put these things into bottles, which were cocked and sealed and taken uexf day to Dunedin. They were sealed with Dr Ogston's private seal and the bottles remained in his possession for that time. I accompanied Dr Ogston for the purposes of assisting in the analysis of the contents of the bottles. The seals were broken in my presence in tho laboratory of the university on the night of my arrival. The analyses was commenced that night by Professor Black and Dr Og6ton, and I assisted. The aualyis waF completed at 1 a.m. on October 1. The tet>t showed complete proof of the presence of antimony. I may also mention that I identified the bony as Captain Cain's by the condition of the aortic valve. Three times between May and July he paid me visits in reference to a loss of vision. I examined his chest and found he had extensive disease of the aortic valves. I acquainted Dr Ferguson, of Dunediu, with my opinion, as an operation for cataract was contemplated. I diagnosed the case, as I thought hewas a bad subject for anaesthesia. This was verified after death, and I gave it as aH additional reason for identifying the body. The introduction of antimony into the system of Captain Cain in hit then stato of health would most undoubtedly accelerate his death.

Peter William Hutton said : 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 wa^ bought on Saturday, May 9. He said he wanted some information about antimony — about its action, l understood. I referred to the "contents" of the work and said, " Here, Mr Hall, is the thing you are inquiring for." The book was then purchased. He came in about a month afterwards, that was also on a Saturday, and borrowed "Taylor on Poisons," saying he would briug it back again. He afterwards reborrowed the book, and then bought it. On returning it the second time I remarked that as he had borrowed the book several times he had better buy it. Ho did so, paying for it at the time, 6aying " You had better not book it." I saw him write on the book as it appears now, "T. Hall, 1882," on the front page ; and at t the close, " Dunedin, T. Hall, 1882." I identify this book as the one.

To the Foreman : I identify the book by the earmarks and by its general appearance, having been handled by me for seven year 6, and by its bronze front and indication of my private mark.

Thomas Broham &ai<l: I am Inspector of Police at Timaru. On the loth August I arrested the Thomas Hall now in court on a chargo. 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 ngainst. me." Mr Perry : Is this evidence ? The Coroner : No. We had better not take

Witness: I also found tartar emotio in the houHe.

William Davidson said : I sim 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 V

The Coroner : I think it is quite relevant. Witness: Alter Hall gave me the two proposals, he said it would depeud on ths length of Captain Cain's life which policy would be kept in force. Nothing further was stated then.

Miles Jeffereon Eaubley said : I am a solieicitor practising in Timaru. J acted as Captain Cain's solicitor for some time prior to his death. I was aware that Hall and ho had had some differences about niouey matters. Captain Cain, I have heard, complained of Hall's treatment of him in connection v/ith the Cain trust account in reference to Mrs Hall's account. A short time before Captain Cain's death, I believed tho differences wore healed and Hall and ho became on more friendly terms. Hall onbj benefited so fay as his' wife was coum'ned in Ckptaln Cain'a

death. Hall woald benefit by it to the eiteflt of the money left to her under Captain Cain's w ill — to the extent of only about £250, that is. As regards furniture and apiece of land, the furniture has been sold for £170, but the land has not been sold. I valued the land at £140. Mrs Hall and Mrs Newton have equal shares. In December 1885 a deed was executed by Mrs Hall and Mrs Newton and the then trustees, which provided, amongst other things, for an annuity to Henry Cain of £300 a year, dating from the Ist January 1886. Ho was also to have the free use of the house aud grounds, worth then about £75 per aunum. Mrs Hall and Mrs Newton would benefit £375 in the event of Cain's death, also to the extent of the value of the furniture and four acres of land. I cannot say if Hall ever said to mo that ho expected his wife would get more than she did under the will.

To Mr Perry (by the Coronor) : I could not say what the contents of the will were. I certainly did not tell anyone of ibs contents. To the Coroner : Captain Cain made about half a dozen wills during the last three months of his lii'e. The wording of them depended on what sort of toiuper he was iv. I could not say whether they were in favour of Hall or not. The Curonw (to the jury) : Do you require imy further evidence on this point ? Ths; Foreman : I think not, your Worship.

Arthur Onnsby, solicitor, practising iv Timani, said : I know Mrs Kate Emily Hall, the wife of Thomas Hall. I drew her will and executed ifc on July 29, 1866, leaving everything to Thomas Hall.

Tho Coroner : Do you propose to call any more witnesses this evening, Mr White ?

Mr White : No, your Worship. I think if the inquest is adjourned for a fortnight that I will then be iv a position to close it. The Coroner : In that case the court will adjourn till Thursday, the 18th November. The inquest at 4.25 adjourned accordingly, the jurymen being bound over to appear on the day named.

(From Oue Own Correspondent.) Christchurch, November 5. In Cbristchurch interest is at present divided between the races and the Cain case. In reference to the latter, I heard in Timaru that the capital offence will be most difficult to prove. A chemist's assistant named Stewart is wanted from Australia to give evidence, but it is not known whether his testimony will be of any value. He was manager for Mr Watkins at the time of Captain Cain's death; but strange to say, i,he poison-book he kept has disappeared altogether. None of the other chemists supplied any poison at that time to Hall, and the police cannot discover a trace of any purchase. The prisoner's wife, with her young baby and nurse Ellison, came up yesteniay from Timaru to go on a visit to Hororata, the residence of Sir John Hall, who has shown her great sympathy in her trying position. There can be no doubt about antimony having been discovered in large quantities in Captain Cain's body. The bladder was well preserved, and in the urine antimony was discovered in large quantities. Mrs Newton, his other stepdaughter, was with him frequently, and is to be brought over from Melbourne to give evidence. Neither lawyers nor police are very sanguine that sufficient evidence can now be gathered to convict of the capital offence. When Hall's effects were sold several batches of love letters were discovered in a private drawer in Lis safe carefully locked up. They were of a most endearing character, and were from three separate young ladies. They were destroyed by the purchaser of the safe.

Timaru, November 5.

Thomas Hall left for Christchurch again by the express train to-day, accompanied by the gaol officers who brought him down. A very largo number of people were on the platform to see the convict away, but the second-class carriage he was in being securely closed, not a glimpso could be got of him.