THE TIMARU POISONING CASES.

Temuka Leader, Issue 1501, 19 October 1886, Page 2

THE TIMARU POISONING CASES.

SUPREME COURT, CHRISTCHURCH. [Before His Honor Mr Justice Johnston]. FIFTH DAY-FRIDAY. On Friday the following witnesses gave evidence in the case against Thomas Hall and Margaret Q. Houston, in addition to those whose evidence was given in our last issue :

William Gunn, chemist, Timaru, deposed to selling Hall some antimony, and to having a conversation with Hall on the efficacy of tartar emet'cin a case of asthma. He thought tartar emetic was j useftl as an expectorant. The witness also sold Hall some morphia and a syringe for injecting it. Thomas Farley, bookseller, Timaru, deposed to Hall getting two medical works from his shop in July last—the Dictionary of Domestic Medicine, published by Ward, Lock and Tyler, and another Dictionary of Medicine published by Griffith, Farran and Co. Hall got two other medical works on approval from the witness' shop on 23rd July, saying he would show them to some "doctor friends." Hall afterwards said he would keep one, but returned neither. I Martha Cotter, wife of the late gaoler at Timaru, deposed to Miss Houston writing a letter to Hall while in the gaol. Miss Houston gave the letter to her, requesting her to give it to Hall. After reading it she put it on the desk in her husband's office. The letter commenced "Dear Tommy Dodd," and ended " Ever yours, Megrims." Miss Houston also wrote a letter to Mrs Hall.

Edmund Cotter, late gaoler at Tiiiaru, deposed to seeing a letter on his table a day or two after the prisoners had been brought in. There was a letter addressed "Mrs Thomas Hall, Woodlands," and another written on the back of the envelope of a telegram, addressed to "Mr T. Ball." He read the letter to T.Hall, and kept it tor several days, and showed it to Mr Howley, the Clerk to the Magistrate's Court, who read it. After that he destroyed it. He remembered the contents. It began, "Dear Tommy Dodd,—l should like very much to see you. 1 have not asked them, as it is contrary to the rules. Cheer up; Monday will soon be here. Is not this dreadful weather 1 If it does not clear up we shall have to make or baild (for I am not certain which) another ark." It wound up, "Ever yours, Megrims." By way of a postscript was added, " I have been writing to Kitty this afternoon." In reply to His Honor he said he could not say whether it was destroyed before the first hearing before the Magistrates. To Mr Hay he said he took a note of it a day or two after he destroyed the letter. He could not say why he destroyed it; it was not because there was not anything in it. The Court adjourned at 5.10 p.m.

SIXTH DAY-SATURDAY.

Dr Hogg gave evidence to the effect that he attended Hall in the Hospital, and gave him sleeping draughts. He appeared to be in eood health except that he was depressed. Did not know that Hall took morphia. It was correct to say " poisoned by antimony." He knew no disease that would cause such symptoms as those of Mrs Hall. He should have thought she had been poisoned. He attended Mrs, Hall in the absence of £r Maclntyre in November last. She was vomiting and Hall told him she had taken some tinned fish.

Dr Stacpoole described the symptoms of Mrs Hall at great length, and denied that be gave Miss Houston instructions to administer the medicine. Hall appeared very anxious abont bis wife. He had a talk with Hall and Miss Houston about the case, and it was possible that Miss Houston might have infered from that that she was to give the medicine to Mrs Hall.

Thomas Howley, Clerk of the Court at Timaru, gave evidence to the effect that on the 14th of August, the day before his arrest, be saw Hall dressed up in breeches and gaiters, as if he were to follow the hounds. He frequently followed the hoands. On that evening Hall played billiards in tbe Club billiard room, and appeared in excellent spirits. Saw the letter Cotter had referred to. It began " Dear Tommy Dodd," and concluded " Ever yours, Megrims." E. G. Kerr detailed the conversation he hear*! Hall having with Miss Houston through the telephone, and in crossexamination said that Hall was fidgettiug but not more so than usual. There was no appearance of guilt in his manner. B. E. Hibbard deposed to having sold kerosene to Hall in June, July, and August. In cross-examination by Mr Joynt witness said he did not himself sell all this. On August 17th he sold one lot It was ordered by Hall's brother. The prisoner Hall used formerly to board at his father's house. He believed Hall was was in the habit of using morphia by injection ; and believed Hall suffered from sciatica. He believed Hall used morphia up to the time of the arrest. To His Honor : He said he was using it. [The Attorney General : But this is,not evidence. His Honor : No, I cannot take that.J To Mr Joynt: There was generally a good deal of kerosene used at Hall's house. He thought one case a month would be a usual amount for such a household, He sold Hall a patent kerosene air lamp. It would consume a little more kerosene then an ordinary lamp. The idea of the patent ia to giTe a considerable rush of air.

Thomas Peters, grocer's assistant for 8 years a*, Mr Hibbard's, gave evidence to the effect that Hall ordered him to wrap a tic of kerosene in brown paper, and deliver it at his office. To Mr Perry he said he remembered Hall ordering the kero■ent on August 2nd. He did not remember any one else ordering kerosene on tLat day. He did not remember any other order on that day; there were so many. He remembered Hall's order, because he thought it strange to wrap it up in paper and send it to the office. He did not usually wrap kerosens tins in paper. Of course he referred to the book to see what the dace was, but he remembered the order. He wrapped it up in brown paper, not in a bag. Mr Hall may have instructed him from time to time to send things to the office, but it would be very rarely. Be-examined bj Mr White, he said he gave it to Andrew Avison to take to Hall's office,

Andreir Avison remembered taking the tin of kerosene wrapped up in a brown paper to Hall's office. 0. A. Wilaon, clerk in Hall's office, saw the parcel delivered by last witness, but did not know what became of it. Kept the Imperial Insurance Company's account. On June 11th there is an entry—- " Thomas Hall, Tiraaru, commission agent, on household furniture, glaHi, etc, £345, wearing apparel £75, piano £SO, 20 pictures £SO, clocks £ls, one camera £ls, watches and jewellery £50." The total is £6OO. These were described as being at the house at Woodlands. The premium is charged against Hall's account in the ledger, and credited to the Imperial Insurance Company. The next entry is dated June 11th, 1886. It purports to be ao insurance over the house for £SOO, and over the out-buildings for £75. Hall gave him the instructions for that entry. The premium was debited to the executors of H. Cain. He did not know whether he got any Verbal instructions for that, but the insurance was made by Hall'B instructions in favor of the executors. To Mr Perry he said Hall suffered from asthma and scratica, and he used morphia ; saw him inject some stuff in his arm. Parcels often came to the offico for the house.

James Forbes plumber, in the employment of Mr Craigie, and Dennis Wren, gardener, employed atHairs,gaveevidence as to the state of the garret, in which the kerosene and rags were found, in April when tbe house was done up. It was very dark and there wore a few rags in it, but neither straw nor kerosene.

John Wilson gave evidence to the effect that h* took some parcels to Drs MacIntyre and Lovegrove. Jeannie Turobull, domestic servant, gave evidence similar to that given in Timaru, and in reply to Mr Joynt said : The kitchen was opposite Miss Houston's door, not vory much more than the

breadth of the passage. She saw Hall go into Miss Houston's room several times in the morning. Miss Houston was in her room because she was not up. Hall knocked at the door and said, " Are you not up, Miss Houston V Under. \ stood she was not up. Fancied she was not. To His Honor: Hall did not " sneak in," but knocked at the door and called out. To Mr Joynt : Mrs Hall's door was closed. She could swear it was closed. Was sweeping the passage when Hall went in. Hall must have seen witness. If Mrs Hall was awake she could have heard Hall knock at the door and i call. Heard nothing after he went in., In goiDg from the dinipgyoom to the kitchen you pass by Miss Huston's room. Passed sewtol times up and down the passage wlnlfHall was in Miss Houston's bedroom. She knew Hall had nojt come out, because she could see him about. The door was closed, but not shut. She thought there was a third time when Hall went in. She could uot say what part of the house she was in. Saw Hall 1 go in while she ras walking up the passage. HsU saw her. She could not say that Hall knocked at the door and called out. Hall always had to open the door. 1 She (witness) was going into the diningroom. She was not certain whether the door was shut or open while Hall was in. Hall came out again. Knew he had come out because she saw him outside. On two occasions Hall went in before her face, and on one occasion she heard him go in, and saw him come out. The first time he had remained in more than five minutes she should say. Had seen him come out once. It was after Captain Gain died that Miss Houston went, to live with them. To His Honor she said Miss Houston had been living at Captain Cain's before his death. To Mr Joynt i she said Mrs Hall called Miss Houston [ " Meg," and sometimes" Miss Houston." Never heard her call her " Megrims." She called Mrs Hall "Kitty." Hall [called her "Megrims" sometimes, and sometimes " Miss Houston." Could not say that he called her " Miss Houston " when he went to her door. We never quarrelled. Had no dislike to Miss Houston. There was no kind of ill-feeling towards Miss Houston. On one occasion did not like her locking the dairy up. That was the only thing that she had against her. lit and Mrs Hall always seerred very fond aud very attentive to each other. | Never heard any kind of jar or disagreement between them. At Woodlands she saw Hall go into Miss Houston's room one evening half an hoir after dinner. Miss Houston's bedroom was alongside Mri Hall's. Mrs Hall could have beard them talk together in her bedroom. Mrs Hall was in her room, suffering from a cold. He was talking loud while in her room. To Mr Hay she said Miss Houston's duties included no cook-1 ing, While she was there Miss Houston and Mrs Hall were close friends.' They were so when Miss Houston came, to stay with the Halls. When she first came to stay Mr Hall did not call her "Megrims." He called her "Miss Houston " +hen. They were strangers to each other then. That was in February laßt. At first Mi S 3 Houston did not call Mrs Hall " Kitty," nor did Mrs Hall call Miss Houston "Megrims." There was no quarrrelling or unpleasantness in the household', Had heard Hall sing in the evening. Mrs Hall played some of the accompaniments. Had never heard him sing a song in character with a hat on. She had never heard him sing the song "Tommy Dodd." To His Honor she said she did not know the song. To Mr Hay she said she thought she would knot it. Had heard Miss Houston call Hall '*rom" several times. Did not remembered hearing her call him " Tom " before they went to Woodlands. Remember hearing her call him " Tom" at Woodlands. Hall and Miss Houston were friendly in Mrs Hall's presence as well as at other times. Saw nothing more than friendliness. Had no reason to believe that he went to Miss Houston's room for any other purpose than to waken her up. Mary Hassan, domestic in Mrs Hall's employment, repeated her evidence given in Timaru, with the addition that Miss Houston was a very bold girl, and that one night when she was goiug to the Volunteer ball she got Hall to tighten her stays. Hall went with her to the ball. In cross-examination she said: Was there when Miss Houston asked Hall to tighten her stays. The question was not put to witness. Miss Houston was a ' very bold girl. She was a very impudent ' girl, and used to do outrageous things. Was not shocked at her asking Hall to tighten her stays. It was just what witness expected. Never thought much of her. Heard lately that Hall and Miss Houston had said witness drank. That did not help her to think any more of Miss Houston. At the telephone the first words Hall used were, "Is that you, Megrims 1" Don't remember him saying, "Is that you, Mary?" as the first words. Had no idea that either Hall or Miss Houston suspected witness of drinking. Never heard they suspected har till she came to town this time. Swore that she never knew or suspected that she was being watched. Hall occupied the verandah room at one period. Miss Houston went there between eight and nine o'clock one Sunday morning with a cup of tea. Witness was in the kitchen and followed Miss Houston into the scullery. Did not see Miss Houston go into Hall's bedroom. Only saw her go round to the end of the house. In about twenty minutes witness saw Miss Houston coming back with an empty cup. Could aot swear that Miss Houston went into Hall's bedroom, or that she crossed the j threshold of the room. Could not swear that Misa Houston drank the cup of tea, nor that she handed in the cup to Hall, and then went in by some other door. She was prepared to swear that Hall was in the bedroom between eight and nine o'clock on the Sunday morning. Hall came through the kitchen, and witness took it for granted that he came from his bedroom. Hall slept in the verandah room for a week or a fortnight after the baby was born. Witness was going to Mrs Hall's bedroom when she saw Miss Houston going upstairs to Hall's bedroom. It did not occur to her that there was anything extraordinary about Miss Houston being there. Witness had gone up with a cup of tea to Hall's room. She was told to do so. Nobody said anything about that. She could not say that Miss Houston went into Hall's room, or that she went further than the head of the stairs. On the evening when witnese aaw Hall in Miss Houston's bedroom she was passing on to the kitchen. The bodroom door was standing open, She waii

sitting at the sewing-machine sewing. He was sitting with his hands in his pockets. He was not singing " Tommy Dodd." Witness saw him once after this standing on Miss Houston's bedroom floor, and she was sitting on her bed. The door was open then. Hia Honor : Are you certain that it was stays she asked Mr Hall to lace upt Witness : Yes. His Honor : It was not her dress 1 Witntas: No. Cross-examined by Mr Hay, she said iht saw Hall lacing Miss Houston's stays in the dining-room. Hiss Houston had net her gloves on. Did horsee"*^ B Houston's dress, beoauseit .was not on. There was no one in the room 'but Miss Howto n, Hall, and herself. It. wjs,since she had been in Christchurch-that she had been accused of taking wine. Saw it in the papers in Timaru that Hall had tokl. Mr Kerr that he had: a servant who took y the wine. The nurse told her Mrs Hall did not believe it. She knew from Mr Kerr's evidence that she had been accused of stealing wine. She did not recollect Mr Jefferson and someone else being at dinner one evening. She had not taken wine nor spirits that evening. Henry John LeCren was called to give evidence as to the character of Mary Hassen, but the Court would not accept it. " ' ■ ■•'!■;:■,;>

SEVENTH DAY-MONDAY.

The case was resumed at 10 a'.m. P. Schourop and E. George, photographers, examined by Mr Martin, deposed that antimony was not used in photography. No one but a photographer, however, wag likely to know .if, ' Dr Symes underwent a lengthy examination as to the poisonous qualities of antimony. The key to his crossexamination lay in this 'question • "If a person were poisoned by nitrate of silver would you say that person was poisoned by silver?" , The witness said "No," adding that he did not know silver to be poisonous ; that poisonous salts can be produced by. combining silver with other substances and that these substances must themselves be poisonous. To the Judge he said the tartarate of potash, whiob combinee with.antimony to produce tartar emetic,is poisonous in large doses. Mr Joynt got aa affirmative answer to his question that potassium,.which enters into that combination,' ii a very deadly poison. In re-exam inaUon he said tbat if u person died after taking, tartar emetic he (witness) would say he was " poisoned by antimony," that being the poisonous principle of tartaremetjc. ~. This closed the case for. the prosecution, and after a lengthy argument between Hit Honor, Mr Joynt, and Sir Br Stout, as to the wording of the indictment with reference to antimony being termed a poison His Honor said hia decision was at present that the indictment was sufficient, and would let the case go to the jury. He would at present refuse to reserve the poiat. Mr Joynt called, no witnesses for the defence. > i ~■;; ...| A legal question as to the order of speeches having been raised by Mr Joynt and disposed of, Mr Hay called the following evidence in defence of Miss Houston.

Dr Key worth, examined .by Hay: 1 am a surgeon, and have. Been in practice in this colony six years. Hare been at Napier during the last 21 months. Have known Miss Houston all her life. present at her birth in Birmingham; mtar the ordinary medical attendant of her family there; was so until ine spring of 1881; was bo for 30 years. Her father ia the representative of one of *he largest oil the Burton breweries. : Have known Miss Houston since she came out to New Zealand. She came out at: my advice and by,ray sanctibn to Wellington. Saw her frequently at Wellington, and until she went to Timaru, Have Lad opportunities of forming opinions as to her character. To, His Honor : That is. to say the estimation in which she is held by others.

To Mr Hay: Saw her frequently nursing her mother, brothers and sisters. Saw her frequently at the house,of business in which she was employed. Her conduct was irreproachable in evfcry respect, and kindly. She was a cheerful bright, girl —not gay—such a girl as you would expect to find in a| Scotch grave family. Her family was a Scotch grave one. There was nothing in the least frivolous in ber disposition. She was truthful. To His Honor: iknow nothing as to her want of good feeling or cruelty, William Henry West, examined by Mr Hay : I am a clergyman of the Congregatienal Church, and have been acquainted with Miss Houston during the time she was in Wellington, from November 1883 to August 1885. She stayed in my house* hold for some time as companion to Mrs West. . ...,■, ..,.• . , ( ;, To Hie Honor: I had f ample opportunities of seeing her conduct, and how she was liked by neighbors. To Mr Hay : She was a truthful woman, faithful in carrying out tbe duties assigned to her; fraok, open in manner, and in all respects a good hearted woman. She conducted' herselfHmost certainly with modesty and propriety, ii Elizabeth Hermanson, examined by Mr Hay: lam matron at Wellington Hospital, and have been so nearly four years, Knew M'ss Houston there for three or four months. Her character was extremely good while there. She waa * very nice lady-like girl; have heard the patients speak very well of her. She was extremely good natured, and the last per* son I would have thought capable of doing an injury to anyone. Geoffrey Selwyn Mathias,- examined by Mr Hay: I reside at Timaru, and am accountant at the Union Bank. Have known Miss Houston :sinco ,May 1885. She stayed for a little over six months as companion and nurse to; ;ai'jr wife while she was ill. She came to me straight from the Hospital. She left ,ipy house about Lthe end of November last. -Have stantly seen her since then—as often, perhaps, as once a week—or once a fortnight, / ;" To His Honor: While sW/was in my house I found her to J>e jSj.sery well conducted girl; retiring; in disposition, yet a girl full of fun and mirth, with a strong sense of humor about her.,. conducted herself in every way that a. ( iady Bhould while she waß with me. t ; ;'"° Dr Guthrie, Christchurch^gave evidence which proved Miss Houston to be a woman of unsullied virgo mitact*, ■' ' v '.; >!.'; $ This was all the .evidence:. The Attorney-General intimated that he would forego his right to reply, which, after argument, he obtained from tbe Judge, iiii reason was that hi would

not take any advantage which would not have been accorded to any ordinary practitioner. After that he made a review of the evidence of the main facts, which was searching in character, calm, judicial, fluent, and withal brief. He Concluded by saying be had not srone into details, bnt had pointed out only the salient points. If the jury could gay that the ice water, etc., could be explained as coneietent with the theory of innocence, they should acquit ; otherwise to acquit the accused would be inflicting a blow on the administration of justice in the colony from which It could never recover. He had every confidence in the result. —His speech lasted an hour. Mr Joynt at the outset of his address, which, like the Attorney-General's, was listened to in breathless silence, commented in terms of exceeding severity upon the rumor about discoveries in another and more serious case which the authorities themselves were responsible foF. He asked the jury, if possible, to cast off from tbeir minds anything like impressions unfavorable to his client, which might have been forced upon tham by the v.ay '» which the case had been brought btf" them by the public. He must say tuat while satisfied with the personnel of the jnry he must beg them to judge by the evidence alone, and not to be influenced by any prejudice from apytbing heard outside, either as to this case or any other. There was one matter which he it most deplorable should have come before the public on the eve of such a trial. His Honor quite agreed with Mm as to its being reported, but not as it was beiog done. Mr Joynfc said this was done at such a time, and under suoh circumstances as could not be otherwise than most prejudicial to the prisoner. It was all the more important that the jury should force from tbtm all impressions thus caused. He wonld first call attention to the indictment. Of all the indictments he had ever seen this was the most utterly meagre. He would remind the jury that they were bound to go by the indiotment. The indictment did not say that certain poison had been administered at various times, but charged one act alone, and to that alone the Crown was confined. All the other acts shown in the evidence were admissable only to Bhow motive and intention, and he submitted that the jury most confine themselves to the charge a* laid, '' That on August 15th the prisoners, or either of them, administered the &oiK>n." . His Honor : I cannot agree with that; they could prove administering at any time up to that date. The jury could select any one of the acts. It was not necessary to prove the dates as laid. Mr Joynt contended that the only act that could be referred to was that laid. His Honor would tell the iury that it would be enough if they were satisfied of »ny one act, Bnd that the other acts sere only necessary to prove intention. He, did not wish to embarass Mr Joynt. M> Joynt continued speaking at great length. (Unfinished.)