THE HALL CASE.

Temuka Leader, Issue 1546, 24 August 1886, Page 2

THE HALL CASE.

At the Resident Magistrate's Court, Timaru, yesterday, Thos. Hall and Margaret Graham Houston were charged on remand with the attempted-poisoning of Catherine Hall, the wife of the male prisoner. During the week most sensational rumors were afloat, and on Saturday it was said the police discovered, while searching the premises of Hall, evidence of a most carefully prepared scheme for burning the place. It was said that a tin of kerosene had been discovered between the ceiling and the roof, and that rags saturated with kerosene were also distributed about. On Saturday Mr Meason (Hall's partnar) also laid two informations against'him for forgery. Yesterday the Court was crowded, notwithstanding that it was believed that a further remand would be asked for. On the Kench were Mr J. S. Beswick, R.M., and Messrs Elworthy and H. J. LeCren, Justices of the Peace. Mr J. W. White, Crown Prosecutor, appeared for the police, Mr T. I. Joynt for Hall, and Mr Hay for Miss Houston. Mr White said that he was not prepared to go on with the case that day

on account of the absence of Professor Black, one of the most important witnesses. Professor Black had had to lenve Dunedin for Tnvercargill, where be »as engaged on a Supreme Court case, and with the moi-t speedy travelling he could not be inTimaru till Saturday next. The prosecution would thereforeaek for a remand for dsys. Even on Monday there would not be much likelihood of completing the case, as thtre was a quantity- ef documentary evidence to come from New South \Va Ins, an I it was also necessary to call Mrs H<ll as fl witness. From me'dica' information'' he had received it would be at least, a fortnight before that lady was strong enough to be put in the box and give evidence. On Monday next, however, the case could be gone on with, and he would be prepared to lead a great deal of evidence. Professor Black's evidence mußt he taken first, as otherwise the othar expert witnesses' testimony would uot bo understandable. Mr Joynt, for Hall, submitted strongly that the Crown should go on with the case now, as Mr White had shown no reason to the contrary. The Court had been told that Professor Black was not here, but it would be grossly unjust if the Crown should refuse to go on for no other reason than that. Professor Black's evidence was expert and could not have anything to do with the facts, and all; the witnesses who could testify to the facts Bhould be exnrnined now. With all respect to the CrowD, he could not help thinking that an attempt was being made to put the defence in a corner. He un derstood that the trial, if the prisoners were committed, could not take place at Oaniaru, and it was the intention of. the Crown to get it tried at the October • sessions in Christchurch. It was not com mon sense or justice that the case should not be gone on with because the evidence was not complete. The longer. the l defence was kept in the dark the! less' time they would have to learn what; was to be met, and the remand asked for should only be granted upon the moht cogent reason being given. Mr While might wish to make the case as complete as a work of art before he commenced the taking of evidence, but that wa's no reason for delay i From what had been stated by the Crown Prosecutor, all the evidence but that of Profesßor Black's and> some documents from New South Wales was available, and the Court, which stood between accused and the Crown, in the interests of justice should allow what could be produced to be heard that jday. He (Mr Joynt) had given distinct intimation that he would oppose this application so that the other side were not taken by surprise, and be was only asking simple justice in requesting the Bench to-sustain his contention. The Court had uo right to assume that the accused were other than innocent, and until the latter knew what kind of evidence was going to be led they could not decide upon the; lino of defence to be taken up. The Crown evidently wished to secure a conviction, 'and their object was seemingly to force on a trial before; the evidence was matured.; . .-';,;■• .■....."■'. y\ iv . ]■■/ Mr Hay, on behalf of Miss'-Houston, also opposed the remand; He would add little to the able arguments of bis learned friend. The Court could take all the material evidence except that from|New South Professor-Black's.i His client had'beeff: incarcerated for a week and woujd probably be further imprisoned j for two weeks more, while there was" no evidence to show what the defence would be. The Crown Prosecutor asked them to wait till Professor. Black's evidence had' been given, but lit seemed to him (Mr Hay) that.the ends ,of justice would be better served if the other medical thengave evidence firat. He would nowionly add that if the reuiajhd were granted it should be till Tuesday, and not Monday,, as he had business in Chr'Btchurch which would prevent his attendance at the Court on the latter day. ,Mr White, replying, said that he was surprised and sorry that Mr Joynt and Mr Hay had thought it .necessary t-i, ascribe improper motives to the Crown, and such remarks were quite uncalled for. This was perhaps the most importiint case ever brought before any court in the colonies, and the prisoners had been arrested only seven days ago. . Hp protested against the attempt being .made by the counsel for the defence to force on the prosecution. The accused had only been arrested on Sunday night and! were brought up at the Court on Monday and had Professor Black not been prevented, through no fault of the. prosecution, the case would have bean proceed--'d with at once.

After some further argument the Bench said they were ready to nocept the assurance of the Crown Prosecutor that the interests of justice required that n remand should be granted. As to Mr Hay's request, it was not consistent that he should oppose any remand and then apply for an extentioa simply to suit his own personal convenience. The prisoners would stand remanded till Monday next at 11 o'clock. Mr White said he wished it to be understood that the case could cot be completed on Monday. Later on, Mr Hay made an application to the court to have Margaret Houston admitted to bail. Ha contended that there would be no chance of a miscarriage of justice ensuiDg if his application were granted. The Bench declined to take the reponsibility and bail was refused. THE CHARGES OF FOBGHRT Thomas Hall was then charged with forgery on four- informations and formallj remanded till Monday next, it being understood that a further remand would be granted till the following Wednesday.