THE CAIN MURDER CASE. APPLICATION FOR POSTPONEMENT.

Otago Witness, Issue 1832, 31 December 1886, Page 32

THE CAIN MURDER CASE. APPLICATION FOR POSTPONEMENT.

Mr ~F. R. Chapman applied to Mr Justice Williams >in Chambers on Friday for an adjournment of ; the trial of Thomas Hall, who is to be iudicte'd in Dunedin on the charge of murdering Captain Cain.

Mr Haggitt appeared for the Crown.

The affidavit of Thomas Henry Perry, solicitor, of Timarti, and counsel for Hall, stated inttr alia : —

That as at present advised it is my intention to adduce a large amount of evidence for the defence at the trial o' the chaigo of murder, and a considerable portion of that evidence will be of such a uatui c as to require a longer period to obtain thau will intervene up to the sittings in Dunedin for the trial of cri j lual cases commencing on the iourth of January next. That the detence generally will be of euch a nature as to require a uiuch longer time for its preparation than the last-mentioned period, and I estimate the time that, will be necessary to properly prepare in at about six .weeks.

That tlie accused will be most seriously prejudiced in respect 6' his said defence unless six weeks or about that time is allowed to him for the preparation of it.

Mr F;,R. Chapman said that in terms of this affidavit he had to apply for an adjournment of tho trial for at least six weeks.

His Honor said he did not see how the court t could make an order, seeing that no bill had been -found ; but there might be an understanding for the case to stand over. Mr Chapman quoted cases to show that the court had control over the case now.

His Honor said the motion re a capital charge of arson,- to which Mr Chapman referred, was moved in open court when the court for the disposal of those cases began to sit. Mr Chapman said the court here was always sitting and it was the same court as at Christchurch. The position was this: The magistrate had ordered a committal, which was unnecessary seeing that the man was held iv custody. He had been' committed to Christchurch and Mr Justice Johnston had so far amended the order to Duhediu. That was sufficient to authorise the officers of the court to send the depositions down here, and the Crown officials to present the bill aud produce their Witnesses here. His Honor: Mr Justice Johnston, I suppose, has made an order for the next sittings here because in the order the place and time have to be specified. Mr Chapman said from what he could gather from the newspapers he had simply changed the place of trial. His Honor said he sh: uld doubt in that case whether the order would bo good. He had no doubt it inurit have been to the next sittings in Dunedin.

Mr Chapman said the only effect of the order was to enable the authorities to present the bill here, and it altered the duty of the witnesses under their recognisances and obliged them to attend here instead of at Christchurch.

Mr Haggiit said the bill could be presented ber.e anyhow as long as it was found by the grand jury. He should think the best way would.be to come to some understanding that the bill should not be presented in January but that the grand jury should be asked te attend on a future day. Otherwise the country would be put to enormons expense bringing 38 witnesses down here twice.

His Honor : That means that a special sitting be fixed for the trial ?

Mr Haggitt : Hardly ; but the court shall be adjourned. Mr Chapman said that was what was done on the last occasion at the request of the Crown. It was found inconvenient to try the case the same week, and the grand jury was directed to attend again.' The bill was then presented, and one attendance of witnesses at Christchurch was found enough. Mr Haggitt :' Yes ; if they were asked to come back at the end of a week, they could be at the end of a month.

Mr Chapman said this was not an ordinary case, and the court would, no doubt, do all it could to a6cede to trie application. The affidavit was very strong as to tho time required, and it was evident from what was known of the case that it waß'one needing a great deal of preparation. He need hardly point out that the stake was one of extraordinary magnitude to the principal party — a matter of life and death, possibly ; and his solicitors in Timaru and Christchurch, who naturally felt great responsibility, were urgent in requesting that time be obtained. Mr Hapßitt suggested whether there would be a difficulty in having a special jury summoned before an indictment was found. His Hon6r: No. It is specified "whether any indictment is found or not." As to the time, I suppose some time in January ? Mr Chapman said he should like to have aeke^ for six weeks. He thought .the 24th January, though, would perhaps do. His Honor: Do you object, Mr Hog^itt to 24th January ?

Mr Haggitt asked whHher there was not some question about the right to try a case in vacation.

His Honor : I do not think so. Afc anyrate our sittings began on the 24th.

After some further discussion

Hiß Honor said : T iio not sco that I can make an order now; nll-I can say is, that there shall be an understanding, not an order, that the case is to be taken on the 24th January, and the grand jury can be asked to enme back, say on the Friday previous to that, for the purpose of returning a bill. Mr Haggitt: The 24th or any other day agreed on? His Honor : Ido not know that ; because Ido not want -the matter spun out. I think that time will be enough.

Mr Chapman said the case might be mentioned again. His Honor: What is your difficulty, Mr Haggitt?,

Mr Hnggitt : Ido not know anything about the case yet, your Honor ; I have not got a single document down.

His Honor : I fancy the depositions are not so long as in the former case?

Mr Chapman remarked that they were sworn to - be over 70 Bides of foolscap. Mr Haggitt Raid he had no doubt he should find time to read 70 pages of foolscap between this and the 24th January. His Honor said he understood the witnes«es and materials for thn case were ready, and the Crown seemed rather to have opposed the alteration.

Mr Haggitt understood that all they opposed was the*'trial -taking place at Onmaru. His Honor gathered that they wanted the trial to take place as soon as possible. Some witnesses he thought came from Victoria.

Mr Chapman thought the Crown Would not object. In Massey's case witnesses from Victoria were kept for three or four months, it being found cheaper to keep them here than to let them go back.

■His Honor: Then this is the understanding: When the court meets, I shall charge the grand jury in the other cases, and ask them to come back at some future date to deal with this case, »n4 that"' future date will provisionally to ifo&

Friday preceding 24th January, and the trial will begin on 'the 24th. That will be the provisional arrangement. If it is desired to alter that arrangement it sh*»)l be mentioned on tba day the sittings begin. Of course if either side wish to apply for a special jury the sooner the application is made the better.