MONDAY'S PROCEEDINGS.

Te Aroha News, Volume IV, Issue 175, 23 October 1886, Page 4 (Supplement)

MONDAY'S PROCEEDINGS.

ChristchtJbch, Monday nighb. Such satisfactory progress was made to-day with the further Rearing of the charge of attempted murder against Thos. Hall and Margaret Houston that there now seems to be every probability of the case being completed late on Tuesday night. Before the trial commenced, I anticipated that it would occupy eight days, and it now seems that this will prove to be the case. The proceedings opened this morning with the evidence of Mr Schroup, who was called as an expert to prove that antimony is not used in photography, and then came Dr. Symes, who was examined at some length as to the poisonous quality of antimony. This witness closed the case for the Crown. Directly that announcement was made, Mr Joynt began by once more attacking the indictment, occasioning no surprise, for the line of his cross-examination had given ample evidence of his intention to do so. The indictment, he contended, disclosed no offence — antimony in its primary condition not being a deadly poison, as stated in the evidence, but innocuous as testified by the experts. After argument, His ,Honor ruled that the indictment was sufficiently good, but administering a gentle rebuke to Messrs Martin and White, the two Crown prosecutors engaged in the case, for not framing the iudictment, explicitly. ' The learned judge did not finally decide whether he would reserve Mr Joynt's point. The Case for the Defence. ' No witnesses were called on behalf of Hall, and Mr Hay contented himself with evidence as to character in the interest of the female prisoner. The witnesses were most reputable people, principally residents of Wellington, who gave Miss Houston an unblemished character, and in conclusion Dr Guthrie proved beyond the shadow of a doubt that the suggestions as to her unchastity were entirely without foundation Dr. Keyworth, surgeon, deposed that he had been in charge of Napier Hospital, and was Docter of Medicine in London. He had known Miss Houston all her life ; in fact, he was present afc her birth in Birmingham. Her father represented the large Burton Brewery. Miss Houston came out to New Zealand by witness's advice. Her character was correct in every respect. She was cheerfut and bright,and just the kind of girl one expected to find brought up in a Scotch pious family. She was truthful, and by no means frivolous. To Court : He knew nothing of want of good feeling or of cruelty on her part. The Rev. W. H. West, in whose employ prisoner was at Wellington, also gave her an excellent character. Mrs Hermison had been matron and nurse at Wellington Hospital for nearly four years. Mies Houston was engaged there for between three and four montha. Her character was extremely good, and she was very good-natured She was the last person witness would think capable of doing injury to anyone. W. C. Mathias, accountant. Union Bank, Timaru, s^id that Mies Houston stayed at his house for cix months as companion and nurso to witness's wife. She came to his house fiom Timaru Hospital, and left in November last year. Had seen her constantly since. While she was in his house he found her a well-conducted girl, who had a gieat regard for the truth, was of a kind disposition, retiring, and yet full of fun and mirth. Dr Guthrie, who had been in practice for 12 years, stated that he had examined Miss Houston professionally on the 9th instant, and found all the evidences of virginity present. Mr Hay : Can you speak with certainty, doctor, or have you the slightest doubt ? Witness : Not the slightest doubt. I speak with absolute certainty. This closed the evidence, and the* Court adjourned for lunch. Miss Houston was visibly affected while Dr. Keyworth was under examination. After lunch a few minuteß were spent over some slight discussion as to the Attor-ney-General's right to reply. The point is an important one, and as it has not been raieed in this colony prior to the present trial, it will be as well to narrate what occurred. The Atorney-General asked His Honor whether he ruled that he was entitled to a reply. His Honor Baid that if* it was intended as precedent he should require to hear arguments. The Attorney - General eaid that he was prepared to show from oases that the Attorney-General in New South Wales held the same right to reply as the AttorneyGeneral in England. Mr Joynt said, so far as he had been able to discover, only the Solicitor-General had the right to reply. His Honor referred to the' rule as it exists in England, where the Attorneys-General theoretically is considered to be iheprosecutor in every case. The Solicitor-General also bad the right of reply. What was the origin of the practice he could not say. The thing had gone on without any protest. As regards the colonies, it had been decided in three colonies that the At-torney-General held the same right. If no more arguments were brought, «b at present advised,, be would not decide against the right. Mr Joynt was not prepared to argue the point. From the Attorney-General's conduct throughout the case, he had inferred that he did not intend to exercise the right. He (Mr Joynt) had found that some of the English judges , had considered the practice an objectionable one. ' Sir Robert Stout thereupon said that his privilege having been decided h© would content himself by summing up merely. Seeing that it was unusual for the At-torn.ey-Gcneral to prosecute, he did not see

that he ought to i avail himself of the right, thereby placing prisoners in' a different! position to what they would be in if the counsel were prosecuting on behalf of th& Crown. '

', , • , Summing, TJp for tne Crown. Sif Robt. Stout commenced at 1.55 p.m., and made ft < concise and telling' speech, which occupied exactly an hour in delivery. With regard to Miss Houston, he admitted - that she stood/ on a,different platform to Hall —that the case against her was nothing like so strong as agaii»st the male prisoner, and then went on to instruct the jury that if they found that she was aiding Hall, and was cognisant of his' doing so, they must; bring her in as an accessory before the fact. Having stated several circumstances inconsistent with Miss Houston's innocence before the jury, Sir Robert Stout said he did not ask them to convict her without they were of opinion that the facts proved pointed to her guilt. He did not wish them to convict her if these facts were what he might call double-faced that was consistent with her innocence as well as her guilt* They had before them the evidenceof herprevious good charaeter,and hedidnotaskjthem to convict unless they were positively convinced she was guilty either of assisting Hall or winking at his crime. Dealing with Hall* the Attorney - fGeneral said that seeing the man's position, and the property he would' inherit by bis wife's death, the gain would be enormous. He did not know w,hat i, the defence -would be, but he noticed in cross - examination that it had been elicited that Hall was kind to his wife, but a man who was capable* of being guilty of forgery, and who would be guilty of such a crime, would be also guilty ,of hypocrisy. It would be a part of his crime. After shortly reviewing the incidents of the trial connected with the male prisoner Sir Robert Stout proceeded to ask the jury to believe that this was what took place: On the Sunday morning preceding the arrest, that prisoner -went into the room, and the nurse went out. That out of the phial subsequently found in his pocket, he put the tartar emetic, dissolved in water, in the ice water, to the extent of eight grains to the ounce, s« large that it pre« vented the murder of Mrs Hall, because of the quantity. Then they had the confession made by prisoner that the 'evidence of-his guilt was so complete that there was no chance of his escape. As to the question of his taking morphia, did they think that, because he had taken this • drug, his moral responsibility was so blunted as not to make him responsible for bis conduct? He would net put such an absurd proposition to them. The prosecution a&ked them to believe that he had deliberately planned the death of hia wife; that in June, July, and August he had purchased large quantities of poison, and that Mrs Hall was suffering from illnees during the whole period. So far from the prisoner being weak in intellect, he said that the male prisoner had displayed the greatest possible acuteneas in kis preparations. What about the burning down of the building 2 He asked them to balieve that the accused had made ail preparations, so that the dead body of his wife, and all the evidences of his crime should be 8-*r«pt away. Hall, though not asked by the executors of Captain Cain, gives directions for insuring the houee, then he insures the furniture, etc. All this, he contended, showed the intention in his mind to destroy the houee. Then, there was the purchase of "Taylor, ont Poisons," and his attempt to mislead by putting on it, "Dunedin, ISS2." Ho aaked them to couple this with the perusal of Hedland. Now, what defence had beeti made 1 Hall himself, when arrested, made no protestations of his innocence, but, on the contrary, told Inspector Broham that he alone had done it, Ha said that they must be convinced of the guilt of the accused. That, as far as Dr. Maclntyre was concerned, he had dona the proper and honourable part that his duty to his patient warranted, and that the witnesses, as a whole, were the witnesses of the truth. He had now put before them the broad, salient facts of the case, and he asked them to do their duty. If they could, after hearing that evidence, come to the conclusion that the broad facts again et the prisoner could be explained away by any theory of evidence, then they should return a verdict of " not guilty," but if, on the contrary, they believed the prisoner guilty, then they must do their duty, regardless of the consequence which migkt follow otherwise they would be inflicting a blow on the administration of justice in the colony from Vrhich it could never recover. He now left the matter in their hands, feeling that they would do their duty to themselves and the community in which they resided. He had every confi(?eace in the result.