The Edendale Sensation.

Southland Times, Issue 14814, 15 December 1900, Page 3

The Edendale Sensation.

ARNETT COMMITTED FOR TRIAL. Friday, 14th December. (Before S. E. McCarthy, Esq., 8.M.) The hearing of the charges against Charles Arnett was continued, when the evidence specially relating to the charge of attempting to murder Charles Milne, John Gordon, and William White, by administering strychnine, was taken. Mr T. M. Maedonald (Crown Prosecutor), instructed by Inspector Pardy, conducted the prosecution, and Mr A. C- Hanlon appeared for tho accused. Charles Milne, continuing his evidence, said that after he felt the twitching of his limbs coming on he told Gordon to get a horse and go to Wyndham for a doctor. Witness at this time could stand, but ho was holding on to a post. Ho then went into the lumber room, where lie held on to the studs for a time. His limbs were moving and twitching, and he had to lie down on the floor. The movements of his limbs got worse. He took a drink of neatsfoot oil before he lay down, but did not vomit, and he took some mu&tard and water, and still he was unable to vomit. The muscles were still twitching badly, his body began to bend backward, and he was in great agony. Irwin came in while witness was lying down and soveral others, including Robert Mitchell and his wife and Milne (contractor) who gave witness a chew of tobacco. The pain was getting worse and was all over his body. He was still unable to vomit. He sent for Mrs Macdonald, wife of the manager of Edendale station. He was pretty far through when slio came and nearly unconscious. Mrs Macdonald gave him some whisky. They were just going to lift witness up when ho got sick and that relieved him. He was carried to the door. He could not see very well at that time. At the door witness was again very sick. He was ten or fifteen minutes at the door and then hewaa taken to bed. After vomiting the twitching and pain pretty well left him. The twitchings returned after he was in bed but every time they got easier. Dr Rogers arrived when witness was at the door and attended to him. There was a box in witness' room and all the food in the camp was locked into that box next morning by witness' brother, who put the key into the pocket of witness' vest whicli was hanging ou the bottom of the bunk. Tea, sugar, butter and salt ; the tin with the sugar and the tea tin were put in just as they were. Witness remained in bed till about 9on Tuesday morning. The sickness, pain and twitching had left him, but ho waa not feeling too well. While lying in bed, if lie spoke much or was going to take anything, or was touched the twitching returned. On Tuesday morning when witness got up his brother and J. and W. White were tho only others in the house. About eleven o'clock he left for Wyndham. Before he left he saw one of the dogs " Punch" dead in the cartshed. He went to Wyndham and diJ not return for about eight days, when ho went for a few minate9 to see Gordon. He stayed in Wyndham to be handy to the doctor. When he dressed on the Tuesday the key of the box was in his pocket, and he thought he gave it to Constablo Bogue on Thursday. Up to that time the key had had never left his possession. When witness left the house he gave charge to Wm. White and gave him certain instructions. The letter produced was the letter witness received from the accused on Saturday the 27th, which Arnett asked, on the Monday, whether he had received. There had been Strychnine in the camp for two years. He put it above the window in the lumber room, which was not lined. From the time he put it there he had never used it, nor had it been used by anyone else to his knowledge. He had forgotten about it altogether. The strychnine was not visible from the floor. On the Tuesday John White reminded witness of the poison about eleven o'clock. The food had been locked in tho box hours before that. George Dempster brought this poison from the lumber room and showed it to witness in bed. After seeing the bottle he could say that the cork was tight and none of the strychnine had been used. The outside of the bottle was dirty and dusty as if it had not been handled for some time. Arnett knew where witness lived and he knew that the two Whites and Gordon were also living there. Arnett was last at the camp on the 20th October. Witness met him at Edendale and accused told him this. Amett did not say anything about having taken any food at the tamp*. Witness pressed for his money and Arnett said he would settle up on the 31st. To Mr Han- ■ lon : The bicycle which witness saw outside the hou6e was not Arnett's, which was white. William Gordon, said he lived at the camp at Edendale. He was a rabbiter and labourer. He had breakfast at the camp on 29th October, with the two Whites and Charles Milne. They had tea and bread and butter. He could not remember what else. He had sugar in his tea, and felt- no ill effects from the breakfast. He went to work, and returned about midday. When he left in the morning Wm. White was in the house but he did not know if Milne was there. Witness had tea, bread and butter and mutton for dinner. He hud augar in his tea and felt no ill effects from that meal. Before ho left Milne returned, and was at dinner when witness went away. The sugar in a 51b tin which was on the table was the only sugar in the house. The buttor was kept in a box against the wall. When he returned with John White at 4.30 in the afternoon no one was in the house. Witness lit the fire and put two billies on. He fed the horse and Milne came out and spoke to him and they returned to the hut together. White was outside washing. Witness then washed, and Milne got the tea ready. John White, Milne and witness sat down to ten. Witness had tea, dry bread and mutton. He ate no butter, and had sugar in his tea. There were also salt, cheese and cold pudding on the table. He had a piece of pudding first of all. He noticed that it had a bitter taste, and witness threw about half of what ho had in the fire. He had two spoonsful of sugar in his tea. The spoon was in the sugar tin. J. White had pudding as well as witness, and he also threw some in the lire as he said it tasted badly. When witness drank his tea he did not notice anythingparticular about it. He just sipped it. He had taken pudding before drinking the tea. He saw Milne take tea, with sugar in it. Milne remarked, after taking his first draught, that there was something wrong with the tea and he threw in the fire. IMilxie then took some more tea and put sugar in it, and drank some of it. Milne said it was no good and witness tasted Milne's tea and noticed it was very bitter. Milne then tasted witness's tea and said it wag not so bad as his own. Milne then threw the rest of his second pannikin of tea into the fire. Milne took a fresh pannikin and filled it, and after putting in sugar tasted it, saying it was as bad as the last lot. White also had tea with sugar in, but witness did not hear him make any remark about it. Witness then drank up his tea, and after he had finished felt a nasty taste in his mouth. Milne, as soon as he finished Ms tea, seemed to be ill and took salt and water. In the meantime, and before witness had finished his tea, White had gone outside and vomited. Witnesa went out to the cartshed. some time after White came back. He did not feel ill but he made himself sick. There were six dogs loose about the plao3, Witness noticed, shortly after he had finished tea, that there was something wrong with the dogs Toby and Jack. ' White had vomited then. Toby was lying on the floor. His legs were twitching and his body was stiff. Jack was in the same condition. Witness felt nothing wrong till half an hour after this wiien His legs began to twitch and his body became stiff. He felt uo internal pain. White's body and arms, and legs were all twitching before witness was attacked. They all lav down on the floor of the lumber room. "White and witness vomited in the lumher room. Milne vomited in t*he lumber- room also. The dog !BuM,ph. was in the lumber room after White vomited. Witness did not give the dogs any food from the teatable and ho did not see either Milne or White give the dogs any. Witness's father carno and took him away about 9 o'clock. Dr Rogers had arrived before that. When tho doctor arrived witness was getting better, but was not able to walk homo. William Duffus Milne, contractor, Edendale, said he was brother to Charles Milne, a previous witness. On 29th October lie went in the evening to the rabhiters' camp, arriving there between 7 and 8 o'clock. He found his brother lying on tho floor of the lumber room, all still, with body, amis, and legs twitching, and in pain. "His brother said ho was poiuoned. Witness saw Gordon and White lying on the floor in the same condition. Witness gave bis brother somo tobacco to try to make him aick. Mrs Macdonald came in und gave- witness's brother some spirits and be then vomited. Afterwards, on a chair near tho duor, lm was very sick again. The doctor came, and Chas. M ilnc was carried in and put to bed. White wan also put to bed. Dr Rogers attended to Ch&rlea Milne and White. The doctor left

in the morning and took away samples of the food in a sugar bag. Witness took tho sugar that was in a tea tin off the table, a tin oi tea, butter, pannikin half full of salt, and a piece of cheese. Witness put the lid carefully on tho tin containing the sugar, and also on that containing the tea, and put the tilings in a box, locked it, and put the key in his brother's vest pocket, This was after 4 o'clock in the morning. Charles Milne saw witness do all this. When witness left at o o'clock in the morning John White, William White and Charles Milne were in the house. .Joseph Ernest Rogers said he wa.-< .a duly qualified modical practitioner practising in Wyndhani. On '29th October, in consequence ot a message received from the camp at Kdcndale, he went to the rabbi tors' hut, reaching it between 8 and 9 in the evening. He saw Charles Milne first of all. lie was being supported on a chair at the back door of the lumber room. He was not able to hold conversation with witness, who made a cursory examination. Milne's hands were clenched, the muscles of tho face were twitching and he was blue in the face. Witness ordered his removal to lied. Witness did not see Milne vomit but there were signs of vomit beside the chair. Witness then saw White and Gordon, who were being walked about the lumber room. White had twitchings of the muscles and complained of cramp in the stomach and in the •calves of the legs. White was not so severely ill as Milne. Gordon only appeared pale and showed signs of recent suffering. Witness considered that Gordon was out of danger. Witness being told that Milne was getting worse again went back to him and noticed that he was twitching. The body was trembling and then became stiff, assuming a bow-like position — resting on head and heels. Witness gave; him some warm milk and then im emetic. Vomiting occurred in ten minutes. Milne then had a few spasms, bill they diminished in intensity. The emetic was sulphate of zinc. Whenever Milne took a drink the convulsions returned. He complained of thirst and a bitter taste in his mouth. Milne was conscious throughout, and gradually got better. Speaking to Milne affected him, bringing on a spasm, and persons speaking in the room annoyed him. Witness ordered him not to speak at all. Witness again went to White, who presented the same symptoms, but not in the same degree. Witness prescribed an emetic, and then considered both patients out of danger. Witness considered that Milne was in a critical -condition from tho severity of the spasms. He would also consider that White was in a critical condition. Witness came to the conclusion that strychnine poisoning was the cause of Milne's and White's illness — had no doubt about it. On his way home witness called at tho house of Gordon's father and found that young Gordon was out of danger. From what he had heard in the boxjthat day he should say that young Gordon was suffering from strychnine poisoning. Before ho left the hut witness took a sample of the liquid tea, putting it into a bottle which he found in the hut. He cleaned it out thoroughly first. Witness took a sample of salt in a small piece of dry paper, and also simples of sugar, dry tea, and all the mutton tliat was standing on the table. Witness put all his parcels in a clean sugar bag and took them home. At home ho put them in a small room adjoining the surgery, turned the koy in the door ami left it there. He did not see the things again till 9orlo in the morning. Witness then put another wrapper round the parcels and put them in a small box, which he addressed to Professor Black, Otago University, Dunediu, and despatched by the coach. Witness wrote a letter to Professor JBlack advising him that tho box had beon sent. Witness went to Edendalo in the morning and saw Milne, who was getting better. Went out and found a dead dog which was shown to him by Wm. Milne. Witness opened the dog, tied both ends of the stomach, and cut it out. He put the stomach in a honey tin, which he had rinsed with hot water and fastened tho tin. Ho sent the tin to his house by William White. Witness got homo about 3 o'clock and the tin was lying in the surgery. Witness sealed the lid, wrapped th,e tin in brown paper, sealed it, addressed it to Professor Black, the Laboratory^ Dunedin, and despatched it by theeveningpost. Witness gave instructions to White with regard to the food which was left on the table. William White said he remembered the 29th October. He left the rabbiters' hut in the morning for Woodlands and did not return till evening. On his return he only looked into the hut on his way to Edendalc and had no food in tho house. When he returned from Edendale he found Milne, White and Gordon. They were all bad. Witness rode on his bicycle to Edendale and got some one to go for the doctor. Witness returned to the nut and stayed there all night. He saw the doctor taking samples of food off the table, and saw Wm. Milne putting the rest of the food into Charles Milne's room. On the following morning Charles Mibie left by the express coach. Witness could not say what time Wm. Milne left. Irwin left early to attend to his horses. Witness then had charge of the house and he bolted all the doors except that of the lumber room, which he locked when ho wont out. When he left in the evening the house was secured in this way and witness took the key with him. Witness also locked tho door of the trap room and took the key. He returned to the house alone on Wednesday morning. He fot a padlock at tho store and tried it on lilne's door but it would not suit. Witness then fastened up the bedroom with tho padlock used on the lumber room door and put the new padlock on the lumber room door. Witness kept the key of tho bedroom. He saw a clothes-box in the bedroom and it was there when he locked tho bedroom. On Wednesday he went to tho township for his meals and remained at the hut during the rest of the day, except once or twice, when he went to see the sick men. Whenever he left the house he paw that the doors More secured and he carried the keys with him. Witness did not sleep in the hut that night. Witness returned on Thursday morning, Ist November. Witness's brother was there. Constable Bogue was also at tho hut some time during tho day. Witness could not be sure whether he himself was there or not when the constable arrived. Whenever witness left the house he left it securely locked. He was there when Constablo Bogue took the box out of Charles Milne's bedroom and drove him away, accompanied by his brother and Gordon. They drove to Constable Bogue's house. It was in consequence of instructions received from Charles Milne that witness was careful about locking up the house. He knew Arnett and had seen him at the hut throe or four times, the last three orfour months before the 2!>th October. Witness, was at the hut two days before the 29th but did not see Arnett there. Constable Bogue deposed that on 30th October he went to the rabbiters' hut. He found a bottle of strychnine in the 1 urn hot' room. It was not visible from the floor. It was in consequence of what witness was told that he looked above the window. On Wednesday witness took possession of it. Witness saw a number of dogs about tho place, one of which appeared to be sick. On the Wednesday, when witness went to take possession of the strychnine Detective Mcllveney was with him. He took tho bottle and produced it. In the evening he saw Charles Milne, who gave him a key. On Thursday witness went to the hut, William White letnvitness into tho house, and into Milne's bedroom. Witness took a clothes box out of the bedroom. He opened the box outside the hut. A key he got from Charles Milne opened the box. Witness found tea, sugar, a. broken loaf of bread, cheese, butter, and table salt in tho box. Witness did not remove the articles, but locked the box, and took it to the police station, Wyndham. At Wyndham witness locked the box in the ofliee and kept tho key. Witness removed the contents on the 12th November, and put them into another box, which was clean. He nailed up the box and put it in the office. On 14th November witness opened the box in which the food was, and took out the tin of sugar, which he sealed with red tape and sea-Hug wax. The butter was put in a clean glafls jar and sealed. These were put into a small box which he took, on the. 15th November, to Dunediu. On the night of the same day he took the box to Professor Black. While the articles were in his possession nobody had access to them except himself. James G. Black, M.A., D. &-•., Professor of Chemistry in the University of Otago, and Government analyst for Otago, remembered receiving on 31st October a letter from Dr Rogers, of Wyndhom, and a box. The box contained six packages besides packing. [Professor Black deposed to finding the articles which Dr Rogers in his evidence said he had placed in the box.] He examined all these articles. Ho found nothing particular in five of them. In the augar he found strychnine in tho proportion of .54 grain to an ounce of sugar. On tho same afternoon witness received another letter and an other packet from Dr. Rogers. The packet waa secured with unbroken seals. Tho packet contained a cylindrical tin tho lid of which waa secured by unbroken sea.Uiig-.wa.x,

It contained what appeared to be the stomach of a dog, tied at both ends. Witness found strychnine in the stomach. On Thursday, 15th November, Constable Bogue called on witness, accompanied by Constable Hanson. Constable Bogxie handed witness a wooden box (produced) which contained a tin (produced) and a jar (produced). The seals by which they were secured wore unbroken. Tho tin contained 21b 10oz of sugar which witness analysed and found strychnine in the proportion -63 grain per 07,. of sugar. Witness examined the butter and found strychnine, mostly at one spot on tho surface. Tho strychnine was mixed throughout the sugar. He made about 50 tests and found strychnine in every pinch. According to tho authorities from half a grain to two grains of .strychnine proved fatal. The spoon which was found in the rabbiters' hut would lift, if great caro was exercised, an oz or over. If used indifferently it would hold probably less than an oz. On the Ifith November he went to Chief Detective Campbell and got a (I'ladstone bag (produced) which contained throe pairs of trousers, threo coats and o vest. Witness examined tho articles and in the pockets of three he found strychnine and not a trace in any of the others. If any person handled strychnine witness would expect strychnine to be found in the pockets into which ho put his hands, as the test was so sensitive. Strychnine could not readily be shaken oil" the hands completely. It could, however, lie rubbed off by a dry article like a pocket handkerchief. The vest pocket contained most strychnine, and the right hand pocket of the coat contained the most of all the coat pockets. Mr Hanlon did not examine. John White, rubbitcr and labourer, living at the camp near Edendale, said he lived in the same hut with hi* brother, Wm. Gordon and (.'hades Milne. (Witncs.H then gave his account of the events that occurred in the hut on October 29th.) William Milne, contractor on the. Kdendcile Estate, swiul he lived not fur from the rabbiters' hut. lie was no relation (if diaries Milne. Went to Charles Milne's hut on the evening of October 29th. (Witness then described tho condition in which he found the sick men in the lumber room. ) Joseph L. Irwin, contractor, Edendalo, deposed that on the afternoon of 29th Oct. lie met the accused, near the bridge that is on the road between tho camp and Edendalo. Arnett wa« coming from the. direction of the camp paddock gate. That was the gate opposite the rabbiters' hut. It would take four minutes to walk at an ordinary rate from I lie hut to the gate. Arnott was riding a bicycle and it would not take so long to ride the distance. It was about 4 o'clock when witness met Arnett. Donald Macdonald, managor of the Edendale Estate, said he remembered 29th Oct. last. He was dehorning cattle at the stockyard. Where they were working they could be seen from the road between the avenue road and the east of the avenur paddock gate. Witness did not know accused. On that afternoon the accused did not come and see witness about some bonedust at the yards. Accused did not come to see witness at any time. fieorge Dempster, storekeeper, Edendale, said he remembered the 30th October last. About 6.30 a.m. witness went to the camp. He saw Milne in bed and in consequence of what he told him witness went to a window in the lumber room to look for a bottle of strychnine. He found it on the ledge above the window, under some chaff. He was not certain whether or not he put the bottle back. He was under the impression that he left it beside Milne's bed. John Cooney, detective, Dunedin, said that on 10th November he went to Mr Sullivan's om'oG in Stuart street. Dunwlin,

and saw the accused there, Witness, told Wh6 Ke^ras and said h» wanted Arnettto go to the police station with him. Arnett went and witness took him into the detective office, ftt&ted the charge.and informed Arnett that there waa a warrant issued for hit arrest. Accused asked who laid the information. Wituess said he thought it was Milne. Accused said Milne never kept any check on him. Whenever he wanted the tallies made up Milne always said there was plenty of time. Witness remarked that Milne and his men had a very nairow escape from poisoning. Accused said " Yes, I was at their camp two days previous to their having taken bad. The poison was in the tea. I had a pannikin of tea and on my way back to Mataura I was sick." Witness sub•ttptently told the accusedthat he wascharged with the theft of £600 from Charles Milne. Accused asked if that was the only charge. Witness said " Yes, so far as I know." He said it was « complicated anair and if Sullivan were present they would be able to square things. Witness searched accused. Joseph L. Irwin (recalled) said that when he saw the^ accused he was wearing a coat and vest something between a dark and a brown. Witness did not note the trousers. Charles Milne (recalled) said that on the fiOth, when he saw Arnett he was wearing a dark- coat and vest Bimilar to those produced, and a brown pair of trousers. Witness took particular note of the trousers. They were of the same colour as those produced.— To MrHanlon: Previous to the 29th witness had seen Arnett on the 20th. Arnett had on grey bicycling pants, with the seat out of them. Witness did not take note of the coat and vest. He took particular note of the clothes accused had on on the 29th. It was not because of what Professor Black said about the clothes in court that witness said they were like the clothes accused had on. Witness was not able to describle the whole rig but that Arnett had on on any day except the 29th. Mr Macdonald asked witness before he went into the box if he could identify the clothes. Inspector Pardyhad 'asked witness if he could identify the clothes and witness replied that he was certain of the clothes. Witness would swear that Arnett did not have on brown knickesJbockere and stockings on the 29th. William Campbell, chief detective, Dunedift, said that on 13th November he accompanied accused and & constable to Mataura, and afterwards to Edendale. While at Mataura witness searched accused's house. Witness asked accused what clothes ho was wearing on 29th October. He said a black coat and vest atid brown trousers, and handed the garments to witness. He also handed over a brown coat and gr*y tweed coat, dark tweed trousers, and grey tweed trousers. Witness took possession oi them and handed them over, on the evening of the Wth to Professor Black. The clothes now produced were the same. Witness charged Arnett on the morning of the 14th at Edendale with attempting to murder Charles Milne, John White, and William Gordon on the 29th October at Edendale by administeripg poison, to wit, Btrychnine. Accused said nothing. Shortly afterwards accused said " This is a worse charge than the others." Witness said " Yes, it is a more serious charge." * sjkThis closed the case for the prosecution. Mr Hanlon said he did not propose to address the court for the defence. The accused, in answer to the usual question, reserved his defence. The Magistrate thereupon committed the accused on all the charges for trial at the ''•■". next sittings of the Supreme Court to be ' held in Invercargill. - Mr Hanlon asked that the accused should be admitted to bail. He understood that ■'■. the prosecution had agreed to offer no opposition to the application once the police tod worked up the case and a committal had been obtained. J Mr Macdonald said that he had only promised to leave the decision entirely in the hands of the court. He would refrain from addressing the court against the application. Mr Hanlon submitted that the objection then raised was no longer tenable. The police had worked up their case and obtained a committal. The presumption of law was that the accused was an innocent man, and counsel submitted that he ought to have every opportunity of preparing his defence. Further, the Supreme Court did not Bit till March, and counsel submitted that it would be an outrage to suggest that a man who was presumably innocent should be kept in gaol for four months awaiting iiia trial. Counsel admitted that bail should be substantial, but the accused should not be His Worship said he could not see thit in this case he should fix bail. He did not thing it was a case for allowing bail. In coming to that conclusion he was aware that he was taking a serious responsibility, but he thought it was a responsibility he ought to take. Mr Hanlon asked his Worship to look at section 345 of the Criminal Code. There the Legislature specified the cases in which bail could not be allowed owing to tire seriousness of the charges. The Legislature, therefore, had determined the degree of seriousness which prevented baiL In those cases which were left to the discretion of the Magistrate there must, then, be aomo reason, Apart from the seriousness of the charge, before the Magistrate could refuse bail. • The discretion was given to the Magistrate in order that he might take steps to prevent *.- the law being cheated. If he knew that an " . accused person had attempted to abscond, or was prepared to abscond, the Magwtrate f would refuse bail. But when the Magis--1 trate bad no reason to think that the accused meant to cheat the law and to endeavourto leave the country or to avoid presenting himself for trial, he would grant baiL The Magistrate said that as far as he could ascertain it was not usual to bail prisoners charged with murder. This was soi offence which, if consummated, would v have been murder, and he could not draw the distinction between murder and attempted murder. Mr Hanlon said that for the purpose of bail the distinction was this -. In the case of mnrder the punishment was death, and bail was not allowed because a prisoner, whose ' life was in jeopardy, might take his own life and the law would be defeated. In this case the punishment was not death, but simply a tern of imprisonment. There was a worse punishment for rape, for which a prisoner might be sentenced to a long term > of imprisonment and thrice flogged. That was a more serious punishment than could be inflicted in this case. His Worship : I cannot see any reason to alter my decision. Mr Hanlon : Very well, sir. I have done my duty in making the application. lam ▼Bryaorry.