THE POISONING of CAPTAIN CAIN

Te Aroha News, Volume IV, Issue 181, 4 December 1886, Page 5

THE POISONING of CAPTAIN CAIN

Timaku, JNTovembor 29. The hearing of the Cain murder caso commenced this morning, before Mr Berwick, R.M. The Court was crowded, and a vury large number of people watched Hall come into Court. Hall looks far more worn than usual, extreme nervousness having taken possession of him. He wore plain clothes, and was placed in the prisoner's dock. Hall stood chargod with that he did, on the 29th of January, 1886, unlawfully, of malice aforethought, kill and murder one Henry Cain. Mr Perry said that he appearod for the prisonor. Mr Whito appeared tor the prosecution. All the witnesses were oidoied out of Court. Mr White gave a sketch of the c-me, and cabled Arthur Steadmun, manager ot i,oe Bank of New South Walea, who said : Hall and Meekin kept a banking account in my bank. Hall attended to !,he banking business. In January, ISBS. their account w,i& I overdrawn somo £8,000, including discounts. He then gave evidence respecting Camerons, Frasf-r'e, and Milton's promissory notes, all of which woro prosented by Hall and were found to be ioigerios; also of the forged tian^feis of mortgage. The register of poisons? of Mr Gunn (chemist) waa put into witness's hand.-, and he identified the signatuie of " ?'hos. Hall" to the buying of £oz. of tartar emetic on sth May, ISSS, as that of the prisoner. Kobert S. Black next deposed that Hall kepta private account at the National Bank, which accountwasgenerally ovoidrawn. On the 19th November last it was overdrawn £260. From 20th November to 14th Apiil, ISS6, tho account was in credit; Irotn 29t h May to August 15th it wa» overdrawn £000. This witness also identifiod ft all's signature in Gunns poison book, C. A. Wilson, a lad who had boon employed as clerk to Hall and Meason, o md his duty was to take promissory notes ro he bauk. He knew Cameion and Nutton, and never, to his knowledge, took noti^ of them to the bank. Ho was positive that the signature to the register of poi-ond waß tho prisoner Hall's. Mr Davidson, agent of the Australian Mutual Providont Society, then gave evidence respecting Hall's proposal in August, ISS3, for the insuranco of hi* wife's hio for £6.000. Ono policy was for life and the other for seven years, Hall stating at the time that it depended on how long Captain Cain lived which of tho policies "would be kept in force Mr Miles J. Knubley, solicitor to Captain Cain, said : " Hall married my client's stepdaughter on the 26th of May, ISSS. I have reason to know that Hall and Captain Can were not on good terms. I believe that about October, ISSS, the parties got on bettor terms. Captain Cain complained of Hall's treatment of him in respect to some accounts. Hall spoko about Mrs Hall' 3 trust property, wanting to know how much her income would be. The inquiries were made. The inquiries were made on the 22nd Januai'y, some days before Captain Cain died. A deed was drawn up on sth December, whereby Captain Cain waa to receive an income frcm the trustees of the estate, and havo the use of Woodloods estate. The Court at thid stage took the luncheon adjournment. After the luncheon adjournment, Mr Knubly, solicitor, continued his evidence as follows :•— Tho gross income of tho estate wa9 about £1,000 a year, and the outgoings about £300. That income would be divided between Mrs Hall and Mrs Newton, subject to the trusts of several deeds. The furniture in Woodlands at tho time of Captain Cain's death was worth about £370, and belonged to Captain Cain. That was the amount at which it was valued after his death. Captain Cain aleo left a section of land, valued after his death at £MO. Ou Captain Cain's death the furniture was divided equally betwoen Mrs Hall and Mrs Newton. I produce the original statement given to Hall, of which I previously eaid I had a copy, I obtained this document from Hall's clerk in £1 all's offico after his arrest. I also produce tho deed of covenant I mentioned in my evidence this morning. I had a business interview with Hall about August 10th, 18S5. I believe it is entered in my diary as a long interview. I had another interview with him on the 12th August. These interviews wero in reference to Cain's trust. Fred Le Creu, merchant in Timaru, deposed : I was trustee in an estate in which Miaa Cain waa concerned. Miss Cain afterwards became Mrs Hall. I had an interview with Hall at his office about August, ISSS, about the trust moneys. Hall asked me what had become of the money received from the estate. I told him that Captain Cain received all the moneys from the trust ; that with the moDey ho had kept the house, and his daughter had assisted Mrs Newton. He replied that he did not care for that ; somebody would have to be responsible for it. I then suggested to him for his own sake, considering the feeling existing between him and Captain Cain, that it would be far better to let thinu^ go on as they wero as long as the old nran lived He replied (as far as I remember): "I don't know altogether about that ; wo shall see. You are liable as well as Cain to the estate." I said, '* Do ob you like ; I'll have no more to say about it," and left him I also said, " I have no doubt Captain Cain will give you a corroct account of receipts and expendituie." The feeling referred to as existing between Hall and Cain arose from the latter never approving of his daughter's marriage. He used to describe Hall as a ''snake in the grass." Cain's objection arose from tho inquiries Hall made concerning Mrs Hall's property. Mr Perry objected to this, but Hia Worship overruled the objection. Witness : I was aware from what I board from Captain Cain that Hall waa making inquiry into the accounts prior to the marriage. I know that Captain Cain did not approve of his daughter's marriage, and went away to Dunedm to avoid b&mg present at the ceremony. I had another interview with Hall about November, when he asked me what money came through my hands, and I told him I wa3 depositing in the Bank of New Zealand. I believe he asked what amount I had in the bank, and I said there were two deposits — one £500 and the other £210, approximately. Hall knew I was anxious to be ieleascd from tbe trust before he was married. I wrote to Miss Cain to that effect, and Hall told me he and Miss Cain were perfectly satisfied, and did not intend to release me. From a conversation between myself and Hall, he led me to think that he wob aware of the nature of the tru&t in which Captain Cain and 1 were trustees. In the interview with Hall in November, 1885, he referred to the trust deed, and stated that as the trust had not been properly completed, he hoped it • would .save expense to him if I would agree to cancel the deed. I declined to do it in that way, and aUo stated that I was euro Cain

would objaot. About December 16th Cain drove up to my house with his daughter. I was away at the time, but I saw Caia the follow ing- day or the day after that. Ho told me he wished me to remain with him on the trust, Mr Perry objected, and Hn Worship hold that witness mußt state what conversation he bad with Hal). WilnePh continued : I told Hall in December oi- January the subytanco of my conversation with Cain. I said to Hall, "In rs^ard to the trust for myself, J vrjuld sooner be out of it." Hull irtild ho hod a way out of_ the difficulty — namely, a fnondly suit in the Supreme Court, which I need uot dersr.d ; and I told him I was quite af,;oiii»blf», and I received the writ produce! d January 27 Lh. The action wag taken f.^ijup^ jnypojf awd the late Captain Cain. Uu. t <i«,in v ain could not havo been served, e.f, ho was too ill, and I told Hall, after my interview with Captain Cain on the 17ti- December, that the latter would not lL'li^quish the trust. I used frequently to sbz C.!.pti.)ji Cain during tho laat few mon t iv- oi hit, lM'e. Ho u?ed to complain of sickness :uul gcnoral woaknets and exhaustion Ha did not ascribe tho sinkings to arj particular cause. Captfun Cain used to tlrinh whisky, and I uj-ed the same brand aslmv brother Henry. It never had i any baa, Ulucfc upon me. Captain. Cain complvi veil to me of being &ick after his whiaky aud h^l to leave it off. On the 10th of Apuil, I got tho releape produced, and paio Hall iha amount of trust moneys in hand, ncnounring to over £500. Hall got on b«tt< i tcrnjrt with Captain Cain about ■NovemL-eL. lbS5. It was after that time, in December, that Captain Cain complainerv. oi bein^ sick after taking his whis-ky ant: bo muils, I distinctly remember &f j cin<.' d.ln \ ioler.tly Biok on the [Sunday beiotc Chiibtuids Day. Ho complained to mo r c ooiug sick a v esk previous to that. Airli.a Ormsby, solicitor practising at Tima.ru, uVpoaed : I prepared the will (produccu) i<r lOte Emily Kail, tho wife of the pri-oi.<-v It v. as executed on tho 2Sth of July, lo'j jj iir.d leaves everything to the accused. Clu*.-. "Wilson (lecalled) deposed to various eiiWo- by Ball under several accounts m 11 \V o. id "•laason'a ledger, tie continued : Alter Hali'si aireat, \'es a ra Sims and (rjv.ce were appointed liquidators of tho e-'efe ol Halt and Meason. Mr Sims took charge of tho books. "Willi.iin Muntat.ua Sims, accountant, of Tiniaru, deposed : lam one of tho liquidators rippo nted by the croditorb in the c&tato of 14 -li. : rd M9&S011. I took possession of die bjcL-> oi tho arm and went through thorn, :ua mado a thorough examination. I preptucd a statement, and alter allowing for denoitneiea — Mr Pony objected to this as not being ovidooce, oa tho &tute of affairs of the firm, nine rron'bf- nfter Captain Cain's dcdlh had notbiir-r to c.o with that event. Tta Court di-allov, ed the objection Winifc^t- continuau : After allowing for all ft\aiiaoV aa^c-tv, I find a dau"ciot,cy oi jCD.7O-3 0- 9d up to the 4th September. Tho sti-tement novr produced is taken from tbebf-dci. Tho booka of Hall and Mea^on show th'jt tho firm held trust moneys, and that rhoy havo been misappropriated. I rind V\'igley's trcet account shows £755, due to trust of B. H. Camerons account. I find the sura of £902 11s lOd due to the trust, and in Michael Milton's account I find £325 16s to his credit, but this include; his pro not'j for £'225. The Courr then adjourned till next morn ing. Timaru, November 30. The mar-e'er case **aa resumed at 11 a.m. to day. beiove tho E. M. The public again attended in large numbers. Hall louked a lfttle bottor than ho did yesterday. Tho Crown Solicitor called tho witness SI my, v.'ho was cros^ examined by Air Perry with icspcct to the SoutM-uid ptoperties of Hall end Medson. Ho said he did not take them in.to account, as lio understoo 1 they wcie fully mortgaged. Michael Whitton said ho had had transaction with Hall oud Meason. Lie had given monoy to the firm to invest, but ne\er gave them or sigiiod a promicsorjf note. The signature to this trau&ier of moitgagre is not miuo. BeUPeUj Woolcombe said the signature of the attesting witness to memo, oi tian.-fer was uot hie. Edward. H. Cameron said : I have had dealings with Hall and Moason, but never gave farui or the prisoner Hal] a promis&ory note I gave them money to inve.it. I had a statement from Hall in January, ISBS, fahov.ing* that they had £1,575 of mine in their lianda I received about -CoOO in securities, and receivod in c ifch about £400. Bridget Warren was next called, and repeated the ovidenco givon by her at tho inquest. Tho important points, were that Captuin Cain commenced to get sick three months before his doath, but she admitted that Captain Cain was sick befoie Hall made wp friends wMi trio captain. Hall used to visit the house often — afc morning lunch time and night. Saw Captain Cain &ick betoro noon, and the attacks came oftenor on to his death, lie was sick very frequently at lunch time ; not after breakias>. She mentioned the now fact that a Mr Patterson was at homo at th 9 time that Captuin Cain tell ill, but left three months betore his death. In cross examination, Mr Perry elicited the fact that Captain Cain vomited eighteen months before he died, and that anyone had access to the Captain's whiifcey. Witness noticed that one ot tho Captain's ha?ids was much B\\ollao during his last illness. Said Captain Cain used to drink champagne, the bottte of which was fitted with a champagne cork. Denis Wren, husband of ti^c last witness, and late man nurse to Captain Cain, next repeated the evidence he gave at the inquest reiaiive to Hall's frequent visits to Captain Cain, his sitting up with him two nights, aud of the opportunity being giv«m him to administer poison, ag Hall was left alone with Cain ; to Hall's statement) made two weeks before the death that" Cain could not poseibly live. He never paw the Captain sick beiore he took to Ms bpij, nor taw him vomit. The Court a\> chia point made the usual luncheon adjournment. On the Couifciusnming, the witness Wren was recalled, and examined by Mr Peery relative to Captaiu o<m>'w first illness. Tjmaku, December 1. During yesterday afternoon Mrs Ostler's evidence was rouLly of the greatest import ance, and I, (heiefove, send it to you in full. Emma Seignell Oftler deposed : I was a friand of the late Paptaiu Cain, and am a friend of Mrs Hall. I remember dining at Captain Cain's before. Miss Gillon's visit some time in December. Mrs Newton, Captain Cain, Hall, and myself were present. At dinner Captain Cain wanted a drink, aud Hall was going to help him from the spirit stand on the table, when the former eaid the spirits made him sick. Hall went to the cupboard and poured out something into a glass, which he hud taken from the table at the side' of Captain Cain. He stooped down at tho cupboard, and I could not eeo what he poured, aa the cupboard door boing> between us prevented me from seeing what

he was doing I ciuld only see his body. Hall next placed the tumbler alongside of the captain, and some water waa placed m it from a green jog on the table. I did not take notice whether the captain drank fronx the tumbler or not. Tho captaiu became sick at dinner ; ho vomited in the room and. had to leave. This was while the dinner was going on. Mm Newton and I helped him trom the room. To His Worship : He did not make any complaint; ho was too iJI, A doctoi waa sent lor. To Mr White : 1 did not remain long in the houao. I understood Miss Houston was away with /"/ire Hall at Compstall that day. The captain appeared to bo better than usual before he coinaieneed his ditmei. I have seen him frequently wbea the captain vomited. lam not cure if Hall helper) him to hie room or went before to get fid room ready. 1 remember being afc Woodlands three months after the captain. died, -when Hall saw me home. On the \\viy he said the house was a very ill-fated one. Shortly before the captain's death I win- present with Mr and Mrs Newton, when Hall asked Mrs Newton " whether it would not bo right for the doctors to give him. pornething to make him die more easily seeing how hewa^ suffenrig " Hall has said two oi* three times in ray preeenco that there was no chance of the captain recovering, or woidd to that effect. On one occasion* when Hall spoke of the doctors giving Captain Cain something, he said that Captain Cain could not recover. To Hid Worship : I must have heard Hall say this both before and after Christmas. To JVIr Perry : Hall has ne^'er quarrelled with me. Ho wrote me a letter on the 30th June stating that I must not go near his house to see Mrs Hall, I was not annoyed by thie letter, as I knew tho reason it was sent. I understood fclall waa referring to the doctors when he spoke of Captain Cain having something to make him die easily. I never dreamed he meant anything elee — not to Hall hitns-.oli giving Captain Cain something. To Mr White : This is the letter, the contents of which were as follows : — "Timaru, 30th June, ISB6. To Mrs Oatler» Tirmru : Madam, — To prevent the possibility of misunderstanding or the chance of blame resting on ths wrong shouldeis, I beg to &ay it waa entirely by my desire that} Mrs Newton su^^ested to you that your visiN to Woodlands should be lees "frequent th;in tormoriy, I was aware that you never had been friendly ditpoted to mo, and that you had at djilerent times, wifhoutany justification or rio;uc.tiofc hesitated to go out of your way to say unpleasant thines of me. Knowing this, it was impossible X could regard your intimacy with my wifo with any feelings of pleasure, and I concluded it was desirable it should not bo continued as closely as ioimerly. To show how thoroughly right I was, I find that in your short vi?it yebteiday you made full use of your opportunity to do as much mischief as po=feiblo. From my wife 1 learn that you tried to sow diecord in my household ; that) yon knew ' a thing or two about me,' and that I w.io afraid of you coming to my house. This is bad enough to attempt to up^et my domestic arrangements behind My back, but my wifo tells me you also went out of your way, &nd to a comparative stranger accused my father of having cheated the late Mr Ostler out of his run. That is the expression I am told you used. The statement aboubmyself I am indifferent to, but when the good name of my father is thus maliciously and slanderously impugned, I am nor. disposed to allow it to pats, ebpeu'illy w hen made by n visitor to my house, and to a member of my household. I mu-t therefore beg that you will be good enough to discontinue your visits in future altogether.— Youis obediently, T. Hall." Witness to Mr White: The unpleasant things Hall accused me of saying referred to my telling tome ladies that I thought) Hall was poisoning his v. ife. I told Mrs Newton that Mrs Hall was being poisoned, I was afraid, by Mr Hall. I thought at the time I recehea the letter that Hall had left off poisoning hia wife. The hearing of the case was resumed ah II this mon.injr, when Mrs Ostler was again placed in the box, and in reply to Mr Whi*"e gave further particulars about the letter. Sho said plio had told both Mrs Newton and the prisoner long before the letter quoted was wiitten that Mrs Hall was being poisoned. She denied that the statement in thu letter about her husband mada her angry, and faid she waa not at all hostile to liaiL Wai .Arthur Moason was next called, and! his evidence \\a« mainly a repetition of that given by him at the inquest on Captain. Cain. Tb9 chief points of this witness's evidencewere that Captain Cain vomited early in December, ISbo. The captain, in describing his s-ytnptoins, said he could not undeistand why his grog made him sick. At this time he was i etching very much. When witnes saw Captain Cain the night before he died he was r*3 strong as usual ao far as "wit* ness could pee. George Kay, late nurse to Captain Cain, was next called. His evidence was also a repetition — tha main facts which are worth stating being that Hail was frequently a vibitor to Captain Cain's house from the lft of January, to his death on. the 29th, io thu mornings and nights. Witness usud lo go from the room, when Hall came in (being once orderod by Hall to do so) and leave Hall and Captain Cain alone. He would not positively say when Captain Cain was sick. He bomttimes found him vomiting after taking his cough medicine. Wii-neesiat up with him tha night he died, and sawno change till his death, afc 2 a.ncu Could not swear u Hall was there that night. Witness had taken Champagne and other wine into Captain Cain's room, but was never eick. Captain Cain never particularly described his symptoms to him. To Mr Perry : Captain Cain's body waa much swollen, and water came through hi* body in place?. There was also an offenaivesmell from Captain Cain's limbs. To Uis Worship : Hall, on one occasion, said that he had j^iven Cain liquor while he (Kay) waa out ot the room. Jowsey Jackson gave his old story abouttaking tho invalid bed for Captain Cain, and whilst in the sick room took a glass o£ champagne, which make him very sick in-. deed. This brought luncheon time, and tha. Court adjourned.

White Bkead. — We have fallen into tiie> pernicious habit of having- what is called;' ' a nice white loaf," "which means that all* ;he bones and muscle-forming phosphates ' lave been abstracted from the flour in th©s 'orm of pollaid and bran This is not of; 3uch importance to the lich, who can make, up the deficiency in other ways, but to tho» very poor it is simply suicidal, and is appaxs But enough in the sickly, stunted, rickettjf; shildron who abound in our courts and* illeys. They are fed almost solely on whiter bread of an inferior quality, and none too* much of that, whilst, the bran, which contains the bone and muscle forming element* for which their bodies are pining, is reck-* lessly cast away, or, at best, used as cattlo* fodder. It has been calculated by a wett— , taown food expert that this national waste* ilone in our food supply amounts ip the* gross to some millions.