RESIDENT MAGISTRATES COURT.

Timaru Herald, Volume XLIII, Issue 3722, 6 September 1886, Page 3

RESIDENT MAGISTRATES COURT.

, TlMAßU— Satukdat, Sept. 4 1 .h. [Before J. S. Be3wick, Esq., R.M., Edward " Elworthy, and H. J. LeCren, Esqs., J.P's.] At 10.30 o'c'ock their Worships took tbe ; r places on the Bench, the courthouse being well filled with people. THE HALL CASES. Prisoners were escorted m and placed m front of the prisoners dock. Prisoners stood charged on remand with ATTEMPTING TO MURDER CATHARINE HALL, The text of the charge being as follows ■ — " The information and complaint of Patrick Maolntyre, a medical practitioner of Timaru. taken upon oath this 15th day of August, 1886, before mo, John Jackson, Esquire, oae of Her Majesty's Justices of the Peace, io and for the said colony, who Baith that he hatb just cause to suspect, and doth suspect, that Thomas Hall, and Margaret Graham Houston, of Timaru, m the said colony, on pr about the loth day of August, 1836, at Timaru aforesaid, did feloniously administer to ono Catharine Hall a certain quantity of a certain poison called antimony, with intent m so doing then and thereby feloniously, wilfully, and of their malico aforethought, to kill and murder the said Catharine Hall, contrary to the statute, being an indictable ofTenee. — (Signed) P. Maclntyro, M.8." Mr J. W. White, of Messrs White and Co., Crown Prosecutor at Timaru, appeared to prosecute, with him Mr Martin of Christchurch, and Inspector Broham ; Mr Joynt, of Christchurch, and Mr C. T. H. Perry, of Messrs Perry and Perry, Timaru, appeared for the male prisoner Hall, and Mr Hay for the femalo prisoner Houston. Mr Hamersley watched the case on behalf of Dr. P. Maclntyre. Their Worships took their seats punctually at the appointed hour. Old nurse, Hannah Ellison, was again placed m the witness box and was examined by Mr Martin. She said : I obtained some of Mr 3 Hall's rorait of the Sunday morning after Hall gave her the iced water. I put tho vomit m a botflo, but I did. not give it to anybody on that day. I gave it to Dr. Mac? Intyre on the Monday morning, go far as I can remember I gave him 2 bottles on that day. One contained urine and the other vomit, and tho two bottles I referred to on Friday were the ones I gave to Dr. Maclntyre at the time of the arrest. I know a girl named Kane, and I gave her some bottles after the arrest on Monday, containing what Mrs Hall passed on Monday ; also some phlegm. The stuff was m Beparote bottles. 1 don't remember at what time the urine or stool was passed ; sometime on the Monday. I only gave her one lot of stool. I gave other things to tbe Doctor besides those I have mentioned ; other vomit; urine, and stool from Mrs Hall. I got them within 24 hoars of their being 1 passed.

To Mr Hay : I recollect tho consultation between the three doctors on a Thursday night. It was not a result of that consultation that Mrs Hall was given iced water ; it was before that. She did not require so much drink before that time. It was on Iho Saturday that Houston put the ice on the muslin m a cup, as near as I can remember. It might have been on the Friday morning at 11 o'clock after the doctors' consultation on the Thursday that Houston put the ice and muslin on the cup. Tho iced water which percolated through the muslin was only used to wet Mrs Hall's lips. 'The jug was not m use then ; that is when the ice was brought m on the muslin m the cup. I could not •wear that the ice cup wa3 ÜBe"d on a Friday ; or the day before tho' jug was brought ib. The cup was pretty full of ice. His Worship here read over his note of this sentence. Mr Joynt was not satisfied with the way His Worship had taken it down. His Worship was understood to say that ho had not taken the witness' eiact words ; bo had written down their purpO' t. Mr Joynt : I submit, Sir, that you must take the exact words of it. The Court has no right to paraphrase »ny of the answers given. I have aright to ask that all the words bo taken down. His Worship: Very well ; I will write down the exact words. ' Mr Joynt : I am glad to hear you say so, your worship; I respectfully- object to tho court taking down any words it likes, and it will be fair to everybody if the words of what the witness make use of are taken down. The court, I may add, is bound to take down what a witness says, and if I can possibly havo it I will see that the clerk does so. The court has no right to take down what it pleases. His Worship : You hare no right to say that &T*. flrw* ul. * ' ■ Mr Joynt : I submit, Sir, most respectfully that I have. lam as much interostad m tho case as Mr Hay is and I am not going to let the court threaten me about it. • • His Worship : Oh ! very well, we will then take down every single word which is said. The question and the answer. Mr Joynt : To do so will be to unduly load the depositions. I wonder what the learned Judge will say when he sees that such a thing has been done. You are reducing my suggestion to an absurdity. I only desiro that tbe answers should be taken down m the words the witness uses. She is speaking very good English, and this can easily be douo. His Worship : Very well, then ; we will do so. The witness then said m answer to M Hay: 3he cup was about half a pint m size, but I have no idea how much ice it would hold. The ice percolated through the muslin whilst the cup was m Mrs Hall's room. Fresh ice was added as required. I can give you no idea how much fresh ice was added. I can give no idea how much ; the ice was added once or twice during the day. I was supposed to put the ice m but sometimes when I was out of the room Miss Houston put it m. I saw Miss Houston put m Eomo ice subsequent to the first time, and when I found there was none m tho cup I used to put more m. I was very constantly m the room with Mrs Hall, and she never complained to mo beforo the time I mentioned on Friday afternoon ; that is when I tasted the iced water. I recollect Miss Houston coming into the room on the Sunday morning Mrs Hull was so ill. Ido not remember her telling Houston the water had a nasty taste. I don't remember Houston tasting the iced water and saving " Yes, it is very nasty." After the arrest I was asked by Inspector Broham to search Miss Houston. Previous to this Houston said " They're going to tako Mr Hall and I to prison." I said " What for?" with rather a surprised look, 'lhen I searched Miss Houston m her own room. I said " You can't have anything on you child," at the same time trying to feel her pocket. She said she had no pockets. Miss Houston said, " It can't be true, Mrs Ellison, there must be some mistake." I did not reply " I know, you're as innocent as the baby." I could not bring myself to think that either of them bad done a wrong of that kind, I was so upset. Mr Hay : That is all I've to ask. Mr Joynt said he did not intend to cross examine tho witness. Be-examined by Mr Martin : The iced water Mrs Hall complained of was put m the cup on Sunday morning. I don't know this to my own knowledge. Mrs Hall said Hull put the ice m the cup, and he said he did not know why it should taste nasty unless it was the water he poured out of the jug. Dr Maclntyre, recalled, examined by Mr Whito, said : I know these bottles (Zl2 ard Zl3). I received these bottles from Mrs Ellison on the 16th. I handed them to Professor Black on the evening of the 28th, and they were analysed by the Professor. They remained m my possession from the time I received them till the time I handed them to the Professor. This bottle (exhibit P) I received also from Mrs Ellison ; I have no doubt of it. I don't know exactly "ho gave it to moi On the 18th I gave a bottle to Mr Broham containing vomit of tho 13th. I believe this is the bottle. lam still attending Mrs Hall. She is not sufficiently recovered to be able to give evidence. She will be strong enough m ten days or a fortnight's time. Mr White : This completes the evidence I ■ havo to lead at tbi3 sitting jour Worship. I think it is very? necessary that Mrs Hall should be called bo that her evidence may appear on tbo despositions, and may be used at the Supreme Court trial. His Worship ; Is Mrs Hall the only witness you now have to call P Mr White : I would not like to say she is the only witness, but so far as I am now aware Dr Drew and her will be the only witnesses that I ehall have to call, and as you have heard from Dr Maclntyre that Mrs Hall is still unwell to attend the court I have to ask for a remand for ten days. Mr Joynt : I should like, if possible, that the taking of Mrs Hall's evidence m this court should be dispensed with. I may say on behalf of Mr Hay and myself that no advantage will be taken by us m the Supreme court, of the fact that Mrs Hall's evidence was not adduced at the preliminary examination. I submit, if I would here be allowed to do so, that it would be very painful for herj it would m fact be an extremely painful thing for all the parties if she were now called, and if it iB at all possible to dispense with her evidence now I shall waive all objections that I might possibly otherwise have lo it. I would respectly suggest that the court should deal with the case now, and that some of the Counsel say one of the two gentlemen engaged for the Crown, with Mr Hay and Mr Ferry should go to Mrs Hall's house and tako her evidence by word of mouth. If tho Court consents to do this it will be quito sufficient for all the purposes of the Supreme court. lam willing to concede or waive anything to spare Mrs Hall from undergoing a very painful ordeal ; from being placed man extremely trying and painful position. Another thing I would suggest ; that is the court should commit the prisoners to the Supremo court, Christchurch. If you do not see fit to do so, Sir, it will be necessary for us to apply for a change of venue. His Worship : Ido not know if I ean'do so. I got a circular the other day on this subject but I think it only applies to the court at Uamaru. Mr Joynfc : Ido not think your Worship that this circular affects your jurisdiction. It is now quite impracticable to think of taking the case at the Oumaru sitting. The remand asked for by my learned friend will tako the case over the Oamaru sitting. I think also the fact that the session at Chriatchurch takes place on the 4th October is another reason why no delay should take place over to-day. The case is one of groat importance and considerable magnitude and the time for preparing our cage will he considerably curtailed, and it.will really press hard on us if an adjournment is made. The time is too sufficiently short now to properly prepare the kind of case such as is before us. To, as ray friend asks, adjourn the case for a fortnight, •will only give us three w eeka wherein to prepare our case. Hi 3 Worship to Mr White i Will you be prepared to take the rostt>f the evidence on Monday week ? ■ Mr White ■, Yes ; your Worship. Mr Joynt: Will not my learned friend accept my suggestion ? Mr White : So ; m a case of this kind I cannot possibly have it. If the evidence were taken as you suggest wo cannot put it m the Supreme court; I want Mrs ' Hall's evidence to appear on the depositions, bo thai

.if ebo dies or leaves the colony, her evidence on the depositions will bo. admissible m the Supremo court. Her evidence will be among the most valuable of the lot. ' Mr Joynt: What! Mrs Hall's j never. Mr White : Yes ; it will. We will then have on the depositions everything sho said m the presence of her husband. The prosecution do not feel justified m closing their case without her evidence Wo regret the delay as much a9 you do, but we cunnot omit such valuable evidence; it.is m fact the most important of the lot ; is the evidence of the lady the prisoners are charged with attempting to murder.' Wo would willing spare her, but we recognise that we would not bo doing our duty, were we not to call her. Mr Joynt : Considering the state of Mrs Hall's health, the court will not I hope consider it presumption on my part, if I suggest that her evideuco be taken nt her own house. According to the Justices of the Peace Act it is not necessary thut nil the evidence should be taken m such courts as the one we are now m. This course iB only necessnry m case of summary jurisdiction. If this court sees ilt to do as I have suggested I see no possible objection to it. Mr White : I have no object m keeping Mrs Hall away, and will have her hero ns soon as her medical adviser eaya sho is lit to leave her house. So far as the other sido is concerned they can commence framing their defence now. AH the vital evidence is really m their possession. I may add that I htivo even not yet had an opportunity of seeing Mrs Hall. Mr Joynt : I wish to point out your Worship that under section 131 of the Justices of the Peace Act provision is made that a witness may be examined at his or her house m case 3 similar m kind to the ono be l°f* Worship : But yon object to tffirnir White. Mr White : Pardon me your Worship ; I do not, at least I intended to mean when speaking first that I did not. lam quite willing to meet the other side and have the enquiry m a privato room. His Worship : I quite reeogniso the fact that it would bo vory painful indeed for Mre Hall to be brought into this court, but under the circumstances and considering the importance of the case the court will lirßt of all grant a formal adjournment to Saturday next, the case on that day to be further adjourned to the following Monday, the 13th inst. BAIL YET AGAIN REFUSED. Mr Hay : I onco more respectfully ask your Worship that Miss iiouslon be admitted to bail. The caso now is m a very different position to that it occupied when I previously applied for bail. The bulk of the evidence, so I infer from what Mr White has said, is taken, and there is not even a suggestion that the evidence Mra Hall is ablo to give will effect Miss Houston m any way. Tho caso against Miss Houston is therefore at an end, and I submit at least I intend to do so at tho conclusion of tho hearing — Jbat Uvo. case against her has utterly brolien dDwn ; thflt, there is not a primafacic case against? her. His Worship : The court is quite satisfied there is a prima facie case against her, and must therefore again refuse to admit her to bail. Tho court then (12.40 p.m.) adjourned till II a.m. on Monday, tho 13tk inst. THE FORGERY CHARGES. On Wednesday next at tho Resident Magistrate's Court tho male prisoner, Thomas Hall, will be charged with forgery. Five informations have already been laid, but it is said several more are likely to be sworn to before tho Court opens on the day named. Some of tho cases are it is Biid going to prove ' lengthy ones bo that it may be anticipated tho ' Court will be engaged several daya hearing ' them. :