SUPREME COURT.

Timaru Herald, Volume XLIII, Issue 3756, 15 October 1886, Page 2

SUPREME COURT.

(Before His Honor Mr Justice Johnston,) CHEISTOHtTBOH, Oct. 14. The case against Thomas Hall and Margaret Graham Houston was continued at 10 a.m. The Attorney-General (Sir Robert Stout), with him Mr White and Mr Martin appeared for the Crown ; Mr Joynt, with him Mr Perry, appeared for the prisoner Hal] ; Mr Hay appeared for the prisoner Houston. Tho following witnesses were examined : — Thomas Broham (examined by Mr Martin) : I ara Inspector of Police at Timaru. I arrested prisoner at 8.30 p m. on August 17th, at. Woodlands, North street, Timaru. Detective Kirby, and Constables Egan and Strickland were witli inc. Strickland went to tho back of the house. Egan, Kirby, and myself went to the front door. As we were going m at the front door Hall was coming out of tho dining-room. He was just at the doorway. Seeing us he turned, and went back into tho dining-rnom. I saw Miss Houston coming out of the sitting-room. I beckoned to her. She came into the dining-room. I then said, " I arrest you on warrant for attempting to murder Mrs Hull by poison, by administering antimony." Both prisoners expressed great surprise and astonishment. " Antimony," Houston said, " that's what you ujo for your photography." Hall turned round and "said to her, "Keep quiet, will you. You hare nothing to do with this." He then added " What will I say ? 1 suppose a m»n should bo very careful at such a time, when such n crime— 'sui'li a charge — is made against him." I said to him, " You can say what you please, or say nothing at all if you think fit." lie then suid, " I have used antimony for a long time. I Imve bought tartar emetic at. Gunn's and Eiohbaum's. I used it with 0 her things for asthma." He said, " You know I suffer from asthma." From tho time 1 went iiito the room I kept my eyes upon his hands, 03 ho was giving this explanation. I s>w him put his hands partly into his trouser.-' pockets. I kept my eyes on his hands, nnrt presently I saw him put his hands partly into his trousers' pockets. I said to him, " Tcko your hands out, please, don't move them." I had to Bay that a second time, a» he tried very much to put his hands into his pocket. I then told him I should havo to search him. At this time he was. standing with his back to the table, and hi» face towards a bright Cre burning m the groto. He began to get weak, and askod for a nip of brandy. I sent Constable Egan for some ' brandy. Kirby and I moved up to him to search him. He appeared as if hewas goint to faint. I laid to Kirby, " Run out and get some brandy." He did so. By this time Hall changed his position, and was standing with his back to the fire and his face to tko table. Directly Kirby left tb« room Hall iaim.edi»t«lj p U fc jj|

hands into his trousers' pocket. I said, " Take your hands out nt once." He did not. do so, but thrust them further m. I seized hold of him by the wrists and tvi- d t:> force his hands j out of his pockets. Just at this time Miss Houston raised a cry and rushed between us, and did all m her power to separate us. I called out for Kirby, and as his frotsteps were approaching she ceased her efforts to separate us. While struggling with Hall I saw a cork fall out of his pocket. I saw it roll on the floor. I did not absolutely see it fall out of his pocket, but I concluded it did so. I could see that his efforts were to throw into tho fire whatever he had m his pocket. We wero about lrt inches from the fire, leaning over the fender near the fiio. When Kirby camo into the room I told him that Hall had tried to throw away something from his pocket, and that he had thrown a cork away. I told him whero it was, and saw him pick it up. Kirby then searched Hall, whilst I held his hands. I saw Kirby tnke a email uncorked phial from Hall's trousers' pocket. Tho cork picked up fitted it. There was wet outside the pocket that had contained tho phial. Tho phial had m it some drops of liquid and some crystals. Kirby then turned the pocket inside out, and I observed it was wet. Next Kirby took from Hall's pocket a small packet of tartar emetic, and I saw him take from off tho carpet a few specks of a white powder. After searching Holl, I said to him, " we will now go and search your room." He said, "you'll find antimony thero." As I got into the bedroom, and was approaching the table, I observed on it the book " Taylor on poisons "— this book, exhibit 33. Ho said, " I suppose this also will tell against me." I found a package of tartar emetic, and a bottle containing colchicnm wine. We found another package of powder which I have since been told contained bismuth. I don't remember what else wo found m tho bedroom, but I took a note next morning of every thing I sont to Professor Black. I found a packet of cigarettes such aa I know are used by persons suffering from asthma. I came out of the bedroom into the passage and got a bottle of lime water. Before going upstair*, and beforo searching Hall, Kgan brought m a bottle containing brandy. I saw at once there was something wrong with it. It was cloudy looking and muddy. I said to Hall " There is something the matter with this brandy." He eaid " No, it is all right." I said "Of course thero's something the' matter with it." Ho said, " No, there is not." Egan poured some into a glass and gave it into his hand, and I believe Hall had put it to his lips before I took it away from him. I went in f o the kitchen. Mrs Ellison gave me a jug of ice water. She said -she got it from the pitcher. Hall did not explain to me how he used antimony m making cignrettes. He said it was a preparation for cigarettes. Mr Joynt : I object to the witness being pressed on this point. Witness, to Mr Martin : Just before I sent out Kirby, I forgot to say that Hall said to mo, " Whatever I did m connection with this matter, Broham, I did alone. There was no second person concerned m it." He said that twice, if not more often. When I told him to tako out his hands from his pockets, the first time ho had only got hia fingers m. The second timo he got his hands fully down into the pockets. The thumbs were not m the first timo. He drove his hands down into the bottom of his pockets the last time. Ilr Martin : Did you see him do anything with the cork when on the floor ? Mr Joynt : Really this is cross-examination — an attempt to fill up the gaps. The Attornej -General: There are no gaps. Mr Joynt : 1 object to such examination. Witness to Mr Martin : I saw Hall kick the cork under the fender. I gavo the things I found to Detective Kirby. I made cotes the next morning. When Kirby returned what I believed to be the same things. I made jnart3 on tbfi things. Mr Martin : Now tell us the artioles. Witness : No 1, phial, found m Hall's pocket, contained a small quantity of liquid and crystals ; No 2. piir of pockets cut from Hall's trousers, one at the time of his arrest was wet; No 3, packet of tartar emetic labelled as from Gunn's, the chemist; No 4, packet containing powdor which was picked up on the dmingrooin floor, No 5, bottle containing colchicum wine found m Hall's bedroom/ No 6, bottle containing tartar emetic found m Hall's bedjvom ; No 7, a portion of a fine powder found m Hall's bedroom ; No 8, some lime'wafer" which was found m the passage; No 9, some powder which I got from Constable Stricklind ; No 10 ; portion of brandy for injection. Ire eived it from Detective Kirby. It was given to Constable Egan by Mrs Ellison. STo 10i, bottle of brandy given by Nurse Ellison to Constable Egan on the night of the arrest : No 11, a small bottle of iced water prepared m the sickroom for use there, given to me ; No 12, a portion of cork found on the diningroom floor by Constable Strickland ; No. 13, a bottle of iced water sealed by Dr Maclntyre, and given to mo by him ; No. 14, « bottle containing vomit of the 12th August, given to me as sealed by Dr Maclntyre ; No. 15, a bottle containing urine of the 12th Augußt, also given to me by Dr Maclntyre. Mr Martin : Just explain a little about lOJ. Witness : That is the bottle containing the brandy. It was not produced m the B.M. Court. It is marked G-l. A portion of tbe brandy was sent to Professor Black the next day. It is here marked J. Tho portion wa3 taken by myself or Dr Maclntyre. I gave all the things to Detective. Kirby as I found them. He gave them to me next morning, and they wero given to Constablo Daley at that time. Dr Maelntyre gave me a bottle B\id to contain ice water. Mr Joynt : Who said it ? Witness : Dr Maclntyre. Mr Joynt : You have no right to say that. Tho Attorney-General : That is why we used tho word " said." Witness : It) contained water. . His Honor : A white fluid. Mr Joynt : Call it translucent. Witnew : Dr Maclntyre gave mo bottles numbered 14 and 16. The two I put m just cow must be them. Mr Joynt : " Must be .'" His Honor : Why do you Bay " Must be ?" Witness: Because I know they are. I marked them "14 and 15." I received the oork from Constable Strickland which Dr Maclntyre cut m two. This is parb of the cork. Mr Joynt : I have never seen that bit of cork yet. His Honor : let 3lr Joynt have it. Mr Joynt examined the cork. "Witness, to Mr Martin : I sealed all these m the presence of Dr Maelntyre, Detective Kirby and Constable Daley, handed them over to tho latter, and saw him pack them into a box. At the same time I checked them by a list. Mr Joynt : Is that all about the exhibits ? Mr Martin : For the present. There is just one other exhibit. Did you give a package numbered 4 to Daly ? Witness : Yes. this is it (D). It ia the loose powder which I saw Kirby pick up from tho ground. On the 18th August I gaw Kirby. We went fo Hall's house and took from there a piece of sacking, a piece of gauze cloth, a piece of flannel, and a cullender. ■Got the Igauzo and sacking from the bathroom (exhibit 2). I made them up into a parcel on the same day, along with a bottle I got from Dr Maclntyre. I produce tho bottle marked P. I gave them all to Constable Egan to put into a- parcel. He was to take them to Professor Black, but the line was down and ho could not go, I went to Hnll's house on tho 21st of Aueust. I took away a quantity of raga of all kinds saturated "with kerosene, small pieces of firowood, and pieces of scantling. All theso things are outsido tho court. I got theso things m the garret upstairs off tho spare bedroom. You g > upstairs into Hall's bedroom, and there is a small bedroom off that. (The witness pointed out the place on the plan. In the spare bedroom I smelled kerosene Btrongly, and on opening the garret door the smell was very strong indeed. The larger portion of the rags were man old 1001 b flour bag. I examined tho rags. Towards tho centre of the bag the rags were quite wet with kerosene. The rags that wero outside had kerosene also, but not to the same extent. The firewood and scantling also smelt of kerosene I got from Mrs Ellison a tin of kerosene of the "Crystal" brand. On On Augußt 25th I searched tho safe m Hall's office. I got into it with the keys he had on him at the time of his arrest. I only opened i>U9 drawer, The safe was open. 1 found

two policies of insurance m the Uisln'iin Mutual for £;i 00 e-ich, «u.t ■<■ lnaniige certificate marked WX and Y. I foumi p.'jJ- ! posals for insurance, Zl4 a-id 15. ' would not be pure about lindio;; I lie=e. This (V) was abo tlu-re, Mrs rail's will. I ul*o found his own will on September 14th. I rcciived it from Detective KrV.v. Mr Joynt: What! Hall's will? Why. this is now evidence. Mr Martin : Yes. Witness: I received the brandy bult'c from Dctocfctvo Kirby. I sealed it up and gave it, among other things, to Daly to take to Professor Black, at Dunedin. I got four bottles from Dr Macintyrc on the same duy. They were all sealed and given to Daly. I got a small phial that wus found on Hall's dressing-taMe at the time of his arrest. 1 found it on Hall's dressing table at the timo of his arrest. I gave it to Daley. On the 12th of this month I gave to Professor Black half the cigarettes from this packet. During the timo these things were m my possession, I certainly did not interfere with them m any way. To Mr Joynt : I had frequently been m Hall's house before the loth August. I knew the house well. It had undergone some changes. I had not been much ia it Binee Captain Cain's death. Thestrueture was much altered. I was n«t familiar with all the house. I did not know the upstairs. I mado a search well over all the house. I went into tho smoking-room, Hall'B bedroom, passage, kitchen, bath-room, every room, I think, but Mrs Hall's bedroom. I did not go into her bedroom nor off Hall's bedroom. I did not observe the door to it. I took possession of many things, but not of all the bottles and packages laid hands on. Many bottles m the passage I did not take. I put into tho dining-room many bottles and vesse's which I did not send to to Professor Black. I have got them all here now. I do not know what they contain. I have not a list of them. Mr Perry got one. I kept the bottles apart. Mr Joynt: Why send some bottles and not others ? Witness : Dr MaciDtyrc selected most of them for sending to Professor Black. Thero was no selection about the tartar emetic, brandy, or colchicum wine. I have no idea what the other bottles contain. I have them here. Many of them aro phy.'ic bottler. Thero aro about 30 altogether. Most of the bottles brought away were from thn bathroom ; that is most of the bottles I have brought with mo, but I did not send them to Professor Black. Piisonerson beingcharged expressed great surpnVo, both by words and looks. Kirby, Hall and myself were together when I searched tho house. Mies Houston said, " Oh, antimony l that's what you got for your photography." I have not detailed all the conversations. It would take a long time to do so. They were mostly unimportant as well as exclamations of surprise, and sui-h things. Hall used strong language about I»r Maclntyre, and said, " Whatever I did m this matter, I did alone." He did not say, " These aro all mine, and nobody else has any thing to do with it." He put his hand into his pocket. I sometimes do it myself. It is a very common practice. I told him not to do it. Mr Joynt : I am sorry to say Ido it myself, and at any other time, seeing Hall put his hands into his pockets would not have astonished you, would it ? Witness : I told him not to do it. That made me notice it. Ho produced a phial from his right hand pocket. The packet of powder must have been from the left hand pocket, otherwise it would have been wet. It was dry. We opened it at once to see what was m it. There was a whitish grey powder. There was no second phial m the other pocket. I saw none. He had a phial containing morphia m his hand at the time Kirby came into the room. Mr Jovnt: Is it not a marvellous thing you said nothing of it before ? Witness : It was m a small leather case. There was a small phial with the cose. Mr Jovnt : I should very much like to see it. Witness : It is outsido tho court. Kirby can bring it m His Honor: Why did you not mention it before ? Witness : I knew by hearsay he was m the habit of using morphia-. I took no more notice of it than if it had been a packet of cigarettes. Mr Joynt ; But you did take, notice of tho cigarettes. Witness : Yes I did. Two small leather cases were thin handed to Mr Broham. Mr Joynt : I desire at this stage, Your Honour, to again raiso the question of tho Attorney-General's right of reply. His Honor : As then advised I thought I should be obliged to acknowledge tho right of the Attorney-General to reply, bnt I thought the best time to determine it was after tho evidence, when we had discussed it. The Attorney-General : If you did not call witnesses, I insisted on the right of replying. Of course if you are m a position to satisfy me that m point of law I have not the right, I must give way. Mr Joynt : If your Honor is going to hear argument, I prefer it should be to-morrow morning. In Victoria, New South Wales and Canada, the right has boen rccoijnised and m Kngland allowed, but very grudgingly. His Honor: If it is established, however wrong it may be, I am bound to support it. You know very well how to make a dexterous use of your opportunity with the jury. Mr Joynt : And the Attorney-General knows very well how to oxplain away my dexterous use. Of course my privato view of the matter goes for nothing, but I cannot imagine a more monstrous thing. From first to last I have been keeping myself from putting things m such a position as to give the right of reply, nnd I tell you frankly I hare been thinking of sending to Timaru for other witnesses, only I am m doubt as to whether the Attorney-General means to exercise the right. Counsel, who has the last say, unless he is a very poor counsel indeed, must have a great advantage, I should think. His Honor : The judge goes for something. Sir Joynt : Oh, if tho judge leads strongly to a fide. His Honor : Judges are often said to have a leaning because they sum up strongly when, as a matter of fact, it would bo a dereliction of duty if they did not. Witness (continued) : One or the other of these small leather cases he must have had m his hand. There wa? not a phial without a case. He took down his trousers and showed me a mark m his leg where he put the injection. I don't know what morphia injection needles are Hko. I saw Kirby pick up phial (A No. 1). Another cork was picked up by Strickland, but I did not see it picked up. The cork Kirby picked up was given to Dr Maclntyre Strickland came into the dining-room after I called Kirby. At the timo I seized Hall's hands my left wrist was sprained. It was sprained before. I used all my strength, and if I had not done so, I have no doubt tho things would have disappeared. His motions left no doubt of that. We wero close by the firo. I havo no doubt m my mind of his intentions. I did not see more than one cork that evening. When Kirby came m wa were still m front of the fireplace. We had drawn away a little from the fender. I did not look at his leg, to Bee the punctures of the morphia ! needle. There was Tery little powder taken from the carpet, Kirby took it up with his fingers. I had no doubt m my mind that Hall had succeeded m spilling the powder. I cannot remember if the packet was folded when I took it out. Ho must have succeeded m opening the packet. I had no doubt that the powder on the carpet had come from the packet. I cannot tell how far he had drawn it up from his pocket. I can't tell that he had drawn it up at all. I can't remember that I opened the packet. I did not think he had done a feat that Haselmever miaht be proud of. There were a few drops and cryBtals m the phial. I find there arc a few drop 9 m the phhl now. I don't see any crystals. Attorney-General : It has been analysed. We are not bound, your Honor, to produce anything. Witness : The phial has crystals and a few drops mit still. I went to the house about II o'clock. Hall had no brandy given him from this bottle (produced). I gavo him some " genuine " brandy afterwards. I did not try to see if it was genuine. I do not know if there were other books on the bedroom table. Hall might have tasted that brandy before I took it from him, but not more than a taste. I don't think I foupd any powder resembling

tartar emetio m any phial or boltlo ii I' " i liouso. I did not endeavour to ascertain v. I Kit the articles were, but I set them iip-irt till !>■■ : .Uaclntyre could se« them. Next morsriig ! Pe'.eHive Kirliy brought thorn to the iv..li:-e Utatian ■iiul had them kept under look and key. I Hid not observe the door lculing into I !-o spare bedroom. It must lave been s-hut. Mr Joynl : Be good enough not to answer by inference. ' Witness : If tho door had been open I should have noticed it. Surely I may oxplain. I did not observe whether it was open or shut. I wns m Hall's bedroom perhaps half an hour. It is not a very email room. It is a long narrow room. I spent most of the time between the two tables. On tho right hand table we found the eolehieum -nine. lam rot sure whclher it is a chest of drawers or a t ib!u on the left-hand side of the door. To get to I lie spare bedroom you must go through Hall s bedroom. To His Honor : Thn bed was almo3t opposite the door as you enter tho room. To Mr Jovnt : t found a. packet of Buamonium seeds. lam not sure that I found a packet marked " Nitre." I think there ] was a bottle marked "Medicinal solution of , morphia." If there was it is here. Tlu-y I are all hero. I don't think there was a packet ; marled " Powdered nitre." I think thero i was o packet of powdered nitre submitted to , Professor Black. It is marked Q. I think I ! beard Kail speak to his wife b.foro leaving on ! the night of the arrest. I heard her voice. 1 1 stood ut the open door, nnd allowed him to ; go. I took a blanket away from the bath- | room. I was not aware the ico was wr.ipped ■ up m the blanlet. On the 1-tf-h September j I sent the articles to Professor Black at Dunedin. He was not at Timaru. To Mr Hay : Egnn being a stranger to the place was sent to tho door on the evening of j tho arrest, and rang tho bell. I saw the door j open just then, but I did not see -who opened ; it. The person who opened the door when ; the door was opened, wan so placod as to bo , opposite the smoking room door. MissHous-j ton I saw coming out of the door of the smoking-room. I did not see any other person near her. Directly I saw her I did not speak to her ; I only beckoned to her. Egan asked if Hall was m, on knocking at the door. Then ho waved his hand for nil to come m. Mi»s Houston made no observation at this time. Both tho accused appeared very much surprised. To His Honor : I had seen Mis» Houston previously, nnd knew her. To Mr Hay : I am perfectly certain nnll was coming out of tho dining-room door. He did not make any observations to me until I told him the charge. Miss Houston spoke of photography m a tone as if the idea hid just s'rnek her." 't wob as if she had just been struck by tho idea. Shn did not say it m un interrogative tone. It was as if, at a moment's consideration, the idea struck hor that tho explanation was satisfactory to liereelf. I do ni.t think I heard her use the word "experiments." I made a short note of a few of the things said. Mr Hay : If Miss Houston said those words, why were they not entered m your notes ? Witness : The notes were very short. I took a very short note of what Hull said, and with reference to finding tho phial ana other thing". Hall said, "Keep quiet will you; you-have nothing to do with this." Bho was quiet after that. Miss Houston wus further towards tho window. She was furtherest towards the window. Wo subsequently changed our position. Before Hall left the Table he had twice attempted to put his hands into his pockets. The first cause of our changing our positions was Hull's getting weak and the constable going to get some brandy. I did not go to the end of the table. I merely turned to tho right and left as he turned. I did make a short note before tho brandy "was brought m ntnl after the search. I believe I made a portion of it before tho pcarch. His Honor: Before ho put his hands into his pockets ? Wit ness: No. To Mr Hay : I moved to the end of the table and sat down and made a noto beforo Miss Houston's interference. 'Jho room is very small and the change of position would bo very slight. The room is 1G by 12 or 14 feet, I think ; 16 by 14 feet I should Bay. Mr ,Tovnt : It is nothing of the kind, about 16 by 12". His Honor : Inside 17ft by 12ft. To Mr Hay : At tho time I sat down to make the note, Hall did not ask for a c' air. tho third time lie tried to put his hands m his pockets. When Miss Houston interfered, at the time I seized Hall's wrists, I -was standing m front of Hull, and she was to tho left of us about a yard away. She raised a cry and rushed between us, but whether she put her arms round my wais.t or round Hall's, or put her arms about ua I could not say. She used all her strength to separate us I know. It was not a Tery loud cry like a uoream, it was only a shrill cry. There is no doubt about thu interference taking place Hall had his hands at the bottom of his pockets, and Kiifby at this time hod not returned. No search had been made. Hall was very pule .indeed. I spoke lo him very "sharply upon putting his hands, into his pockets. When Mis» Houston interfered, she had her face to the window. She was standing close beside me, but not between Hall and me. She was m between us almost ns soon as she rai'cd the cry. I only saw the powder after it had been taken from the floor. I saw the cork fall while we wero scuffling, just about tho time Kirby came m. Up to the lime Kirby came m" nothing had been taken from HoU's pocket except the cork had fallen out Then Uiss Houston offered no further opposition after that. Subsequently to the arrest being made, I searched Miss Houston's room and brought away a large number of things. Some of the things were Bent for analysis. I satisfied myself there was nothing m them. Her room waa man ordinary state. While her box was being searched by Kirby she said " Mr Broham, it mußt be all a mistake. All will be explained to-morrow, won't it ? " I subsequently asked Mrs Ellison to search her. I think'dio said "But you are not going to take me away, arc you ?" I said " Yes, I must." I said something to that effect. On her way down she asked might she be allowed to Btay with Mrs Broham. I may have ea ; d " I wish you could," but I do not recollect saying such a thin^. Re-examined by ?Er Martin : The entrance to the garret was very small. Austin Kirby (eiamined by Mr White} : I am a detective polieo constable stationed at Timaru. I accompanied Inspector Broham nnd Constables Egan and Strickland to Hall's house. I first saw Hall coraing out of the dining-room. At tho same timo Miss Houston camo out of tho smoking-room. Hall, on seeing us, turned into the dining-room. Mr Broham beckoned Miss Houston to follow us into the dining room. She did bo. Mr Broham took her m charge. Ho said he had a warrant to arrest them both for an attempt to murder Mrs Hall with antimony. Both said, " Antimony ! " and Miss Houston added, " Oh, you use antimony m photography." Hall said, " You have nothing to soy. lam sure I do not know what to say. A man must be cautious when such a charge is made against him. I use antimony m making a preparation for cigarettes, which I nse for asthma, which I suffer from. I purchased some at Gunn'a and Eichbauni's. Miss Houston has nothing whatever to do with this. Whatever I have dono is entirely my own." At this time he was standing near tho fire-place, with his back to it. 'J here was a bright fire m tho grate. He put his hands into his trousers' poctets— side pockets. Mr Broham told him to take them out, and he did 60. He then attempted to pnt them m ngain. Mr Broham told him to desist, and to take his hands out. I was abont commencing to search him when he appeared to bo faint. He asked for a nip, and Mr Broham Bent Egan to get some spirits. Egan being rather long away, and accused apparently getting fainter, Mr Broham sent me out. I left tho room, closing the door behind me. The court at this stago adjourned till a quarter to two o'clock. On resuming at 1 45 Austin Kirby continued : I was absent about a minute. I heard a cry, and rushed back to the dining-room, and" found Mr Brohirn had Hall by the arms, Miss Houston stood closo by. Mr Uroham said Hall had got something m his pocket, and had thrown a cork on tho rug. I picked up the cork, and also some

' !>-.\vder, and put the latter into a j j'i'.-ce of clean white pnper. I then searched ■ a-jain m his riyM hm:d tniiijers' p.n'ket. I found a fiull biiltlaon'aii::!.!; » -mill quantity of liquid, iv»! so-.,:.- r.ln-y.-uls. The outside of (ho bottle w ; n d.iup. "'he o.rk which I picked up titled the bottle. 'I he bottle as ). took it from the pocket -.;as uncorked. I am not cerlain th*t I took anything moro from that pocket. From the other pocket I took a packet marked tartar emetic. To His Honor : I think there was a small caso m his hand when I first saw him, and ho pnt this case m his pocket. He took it from hi.< breast pocket, nnd as I rushed m put it I out again. To Mr White : Nurse. Ellison brought, a bottle of brandy to the dining-room, and gave it to J?£nn m mv presence. Ho handed it to Mr Broham, who poured a portion of it into a glass. It, was thick and cloudy. Hall eaid it waa pure. Mr Broham said it was not. Hall again said it was and mude »n effort to get, hold of the glass, but Hr Broham prevented him. I took poß?es?ion of the bottle of brandy, nail did not taste, anything. Mr Mrohnm asked him to show the way to his sleeping apartment. ', Hall remarked that we should find plenty of lanfimmy there. Tho Inspector, 1, and Hull ■ then went up stairs to prisoner's bedroom. !On tho dressing tablo wo found a email | quantity of powder marked tartnr emetic, a ! small bottle labelled Watkins' colchicum wine, ! al^o on another tahle a powder m white paper j marked " Watkins." We also found a book, : " Taylor's Poisons," on tbe dropping table. | Mr Broham picked it up, and Ka'l said " this a'so will tell against, me." 1 toik possession |of them. The bottle of colchicum wine was not full. It contained only a smull quantity. Wo came downstairs and found on a shelf m the passage a bottle labelled lime waler. We i went to tlie bathroom and found a number of ] hot' lns there nlso. We took possession of ■them. I instructed Hicks to search FTnllat ' tho cell, and the constable, m mv pr.'9:nce, j out the pockets of Hall's trousers off nnd tied ' them together. '1 lie pockets are similar to those produced m Court. Ou^ of them at the time of cutting off, was wet. Nothirg, to my knowledge, had been put. into them since they were cut off. I look the things to the station nnd locked them up lill Monday, lfith August. On that clay Mr Broham, Dr Maclntyre and myself examined them. We noted some of tlioin up, and sent them by Daley to Puncdin, to Professor Hla-!;. Ihe articles nre the same as Mr Brolmm mentioned. (Articles produced.) The cork now m the phial was the one I pi.-ked up on the hcaithrug on the night of the arrest. I put the cork m directly 1 took the buttle out of Hall's pocket. The pockets were cut from Hall's trousers. They were sent to Dunedin m a box under charge of Constable Dnley. A portion of the packet of powder found m Hall's pocket was put into the box and sent to Dunedin. The pti-.vder T picked up from the floor was a'so sent to DuT-din, as was also tho colchicum wine. I produce » portion of (he powder [ fi.und on the table m the bedroom. J his was sealed up by Mr Broham and sent to Dum-din. Nurse Eilison gave Mr liroham a jujj which I took po-se.s-sion of. It had water m it. The water is f-l it 1 there. A p.<rlion was sent to ProTesr-nr Black for analysis. Mr Broham took t!ic water from tin- ju<{ and put it into this bottle, nfterwar.is scaling it and giving it to PuU-y. I S!iw .Strickland yive Inspector Brolmin a cork on Monday. Dr Miii'ln'vrr l.cpt one portion and Mr Broham v,. tha other and sent, it to J'rofe-i»i>r i'lu.-k. !>r Maclntyro brought three boll le.-", portions of which were put into other bottles, sealed up by Mr Broham, and sent to Dunedin. About v week, I think, after tho arrest I received from Constable Casey throe ?ncl;s, one containing rugs, the other two, papers, straw, and other refuse. I examined tho r.ig*. I als.) received a tin of kerosene and a fow boards. The ragi sme't elronjjlr of keros.-ne. The exhibits are here, and have been m my possession and that of Mr Howlov, Clerk of the Court ever since. They were m tho strongroom ut the EcsuU-nt Magistrate's Court, Timaru. I can swear that tho exhibits now here aro the same that I got from Casey. The remainder of the wuter is now m the jus. It was there when 1 got it from Mr Broham. A portion of tho cigarettes were given for analysis to Professors Black and Ojston. I produce the book " Taylor on Poisons." On tbe front leaf U "T. n«U. IKS 2." On tho back leaf is 'T. Hall, Dunedin, 1833." I was instructed to g-'t now bottles for holding the things to po to Dunedin, and I wont to Gunn, the chemist for them. Ho washed them with pure water, before giving them to me. They wero new bottles. No one could have interfered with the exhibits from tho Sunday night or the Monday morning, becauso I locked them up ' at tho police station and kept tho key. A portion of the brandy was sent away on the ' 16th, and tho bottle was kept, m mv possession till tho first hearing. Mr Howley, clerk of the Resident Magistrate's Court at 1 imaru, took possession of them till tho 14th September. On the 14th September I handed them over to Mr Broham. To Mr Joynt: We got lo prisoner's house ' h:tween half-past cicht and nine o'clock on the 15th August, nnd we left somewhere about ten o'clock. We searched the rooms — I Hall's bedroom, Miss Houston's bedroom, the bathroom, the passage, and tho diningroom. Ido not recollect if we searched any more. '1 ho drawing-room was locked. We stayed tho longest time m the diningroom. llall, not being well, caused us to stay some time there This kept us some timo. Uc did not lie down on tho couch. He stood tip iho whole time to tho best of my bcWof. We did not stay many minutes m Hall's bedroom. ' We searched it round about the table. On the table we found tartar cmelio and colehi cum wine. On tho tablo near his bed, on the left-hand side, I saw a book. I found a white i pipe- on the tublo opposite, on the right-hand side, near the looking glass. I did not go into tho room off Hall's bedroom. I just looked m. I could not say if tho door was open or shut. I did not search tbe room. Mi?s Houston eaid, " Oh, you uso antimony m photography." Hall replied, "Ton havo nothing to say." I don't remember anything ebt\ Both looked astonished. The cork was lying on the rug. I did not tako it up with a fork. I took it up with my fingers, putting it m clean paper got from tho diniug-room table. Hull drank some brandy. His Donor : Not out of the first bottle ? Witness : No. Mr Joynt: Was it beforo or after tho search that he got the brandy ? Witness : Before. The siiiall : pncket I took out of his pocket was marked "Tartar Emetic." I could not be certain if tho pocket was wet or not. I am not certain which pocket I took tho powder from ; nor whether from the same pocket as tho phial. There was no bottle m the leftbaud pocket, no vessel of any kind. He had a caso containing something inside. ; There was a dark leather covering lo the case. I first saw it, I believe, m Hall's hands before the search. I saw him put it m tho outside, breast pocket sometime before tho search. It ; remained there till I took it ontattho ?careh. Then I took it away and kept possession of it. i I was away from tho room on the search for ' tho brandy about ono minute. When I took tho packet of powder, tartar emetic, out of Hall's pocket the end wa3 open, i I wont into the Kitchen eoveral times. Nurso Ellison hmded the jug to Mr Broham BOmolittlo while beforo wo left. I should say tho jug contained about half-a---pint whon she handed it to Mr Broham, just a little more than is mit now. I got the rags and stuff about a week after the arrest. They smelt Btrongly of koroseno. My sense of smell is keen. My nose is a good average one. Mr Joynt : Good at smelling out n ca3o. Witness : I Baw Mr Broham preventing Hall from taking tho brandy. lam not certain if prisonor had the glass m his hand. I have been m the garret upstairs. I was m it about 2nd September, not before that. I was not frequently m Hall's house. After thn arrest a great many bottlc3, besides those taken, were put m the dining-room. I collected them from Hall'a bedroom and tho passage. '• here were about 30 of them, principally found m the bathroom. None of the bottles taken from the bathroom were sent to Professor Black. I took possession of all the bottles. We selected the bottles picked out by Dr Maclntyre to send to Professor Black. Mr Jovnt : Oh, the doctor selected them. The Attorney-General : You can have all the others if you wisb for tho purpose of testing;

Witness to Mr Joynt : Tho original wrapper is still round tho packet marked " Tartar enu tin." [he en-.ls wero open when it was found. r is Honor: How marked? Mr Joyut : '• Tartar Emetic. Poison," on the hack," " Powders, W. Gunn," on the front. Witness : Tho rags were mostly dressmakers' sweepings. There were no old boots among them, only dres3 staff, being braid, buttons, and a pair of stays. Mr Joynt : Oh, I had better not go any furth"r. Inm treading on daneerous ground. To Mr Hay : Miss Houston spoke about photography, as if asking a ques' ion. She said it mmi interroga'ive lone of voice She repeated the word " antimony " eeveral times. I had l>een to the kit, 'hen, and was returning when Mr Brohnm called out. I was m search of some spirits. In conscqucnco of Mr Uroham's calling out I returned after hearing the cry. When 1 got to the room again Miss Houston was standing nearest the door. The three wero standing close together. Mr Broham had Hull by the lower part of his arms, Mis 3 Houston ivas facing Mr Brohara and Hall, and standing close to the lire. Mie was facing tho fire. I don't recollect that she wus m that position when I went out. While I was aWay Inspector fJroham called out my name sharply. 1 heard nothing except that. Miss Houston was excited when I returned to the room. I could tell that by her manner. She seemed to have a glare about tho countenance and her eyes. She appeared nervous also. I did not hear her cry out. At no time while I was m the room did I sco her intorfere I oould not say who opened tho door on that evening. Constablo Kgan was sent. I noticed Miss Houston coming out of tho smokingroom. A person opening the door would be m that position. I ?aw no onn but Miss I Houston coming from the Emoking-room. I made a search of Miss Houston's room. It waa a prctlv exhaustive search. I opened her box and looked into every corner of it. She was not present, lam not certain on that point. She might have been but. I don't rpc.'llect. I know there was no obstruction. 1 don't know that I carried off » good deal of plunder from her room. I carried off about ten bottles. Dr Maclntyro passed them all as übove snsp'cion. I don't recollect a bottle of Florida water. I have secured all tho pockets m the dress she wus wearing at the time of her arrest. I ascertained that afterwards. On August 26th I went to tho gaol under instructions from Mr Broham. I look two small pockets out of her walking costume — her ulster. Then I proceeded to null's residence and cut out three pockets from Miss Houston's dresses. His Honor: There is no pretence for saying unyihing was found, and this is not an action for damages. Mr Ha}": There is nothing else I wish to ask you. Thomas Hicks (examined by Mr Martin) : [am » const ible, Mationcd at Timaru. I was r.t the watch-house on the night the prisoners wero arrested. I recollect them coming into the sergeant's office, with Mr Broham and Kirbv. lioth the latter then went out. After this tho sergeant came, and I was left alone, 'lhe prisoners were m ono corner of the room, nnd had their backs t j me, looking towards the fire-place. Hall was sitting dawn. Mis* Houston was leaning on the table. Sergeant. Willis, m g°ing out, closed the doo', and Hall going up to Miss Houston, said, " You're quit-- safe, and wi.l bo able to get dear or it. It v 1 that is m for it. 1 can't possibly got off." I hoard Mi?s Houston make no u-jily. While Hall was m his cell, after locikin;; him up, I cut the pockets from his trou«ers at 1 a.m. Kirby waa present, and 1 gave them to him after cutting them off. To Mr Joynt : The room m which the conversation took place is about 14ft by 14ft. The lireplce is m one corner, nnd the door is m tho middle of tho wull. The door is about 9 feet from the ond of the wall. I was at the far corner of the room away from them Both were clo'o to the fire. She was on her feet leaning against the table, juet pressing her side against the table. Both their backs wero towards mo. I was m the room the whole time. 1 came m when the prisoners arrived. I havo a note of the conversation on mo. nail did not use the words, " I may havo a hard fight for it." He spoko tho words I havo used ia an ordinary tono of v:>ioe, riot man undertone. I did not make a sound to show I wus m the room. Mies Houston observed me just after Hall had gp'jltvn. The hour would he about 11 p.m. It was not after midnight. They were brought to tho I'lliee. The lockup is near tho police office. They were kept there all night. They wero put into the cells shortly after eleven o'clock. nis Honor : now long would it take to come from Woodlands to tho polieo station ? Witness : About a quarter of an hour, driving. Witness (examined by Mr Hay) : I don't know that Mips Houston replied to nail. She nriy havo replied After Hall spoko. Miss Houston turned round and saw mo. They were locked up about half an hour or twenty minuti'B afterwards. During that timo I carried tho words m my memory. Mr Hay : Were not these tho first words, "There is nothing against you. You will get cleir ?" Witness : No, tho words are exactly what I Btated. David Strickland (examined by Mr White): I accompanied Inspector Broham and Detective Kirby to Hall's house on August 15th. T ro 'eived a packet from Nurse Ellison containing powdor. I marked "sick room" on it and handed it to Inspector Broham. 1 initialed it. This is tho packot. I found a oork on tho hearthrug m tho dining-room. Inspector Broham, Detectivo Kirby, Constable Egan, and tbe two prisoners were there. It wns about half an hour or twenty minutes after tho arrest. I gave tho cork to Inspector Broham on tho Monday. When I found it I put it. into my pocket. I saw the cork cut m two by Dr Maclntyro. Half of it was sealed up and given to Constable Daley for transmission to Dunedin. Tho packet wan also put into the box and given to Conslablo Daloy. To Mr Joynt : I gavo tho packet to Inspector Broham when lie came back to nail's house, that night. It was just after Mr Broham had a tussle with Hall that I found the cork, i Kirby, Ifgun, nnd myself ran m. I heard Mr Broham call Kirby loudly. Mr Broham i Was holding Hall's hands, and Miss Houston was close by. They wero near tho fire-place. Miss Houston was standing on the coruer of tho hearth rug. When we camo m Miss ; Houston slowed towards us. Nurse Ellison gave mo tho packet of powder marked " sick i room" after tho prisoners had gono to tho i station. Taking half a turn to tho left when i wo went m, Miss Houston was standing with i her faco to Mr Broham and Hall, and m front i of the fireplace. i His Honor : Who got m first, Kirby or i you ? i Witness : Kirby got ia first, and I fol- i lowed him closely. i Mr Joynt : Was the dining-tablo between i you and tlum. i Wi' ness : No, I think not. The table was ! asainst the wall. lam sure there was a wall i there that night. Just when I went to get i hold of Miss Houston I found the cork. I : did not say anything to Mr Broham. I just . slipped tho cork into my pocket. I looked at i tho cork beforo I went to bod. I can't Bay : that there was anything Btrango about it. I His Honor : Was it dry or wet ? Witness: It looked dry. i Mr Joynt : What, did you do with it ♦ , Witness : I locked it up m a drawer when i I went to the station. I told tho Inspector i that night that I had found it. Mr Joynt : Now, aro you cortain you gave < it to the inspector tho next day ? ; Witness : I am. It was not some days afterwards. Miss Houston was nearest to 1 me when I found the cork. i Mr) Hay : Was Miss Houston standing quietly when you went iv ? ; Witness : Yes. Mr Joynt hero applied that Hall should be allowed to sit as ho was suffering considerably. His Honor said ho would, of course, grant thoTrequest. He-examined by Mr Whito : I do not keep any antimony m tho pockets of tho coat, nor m tho drawer whero I put the cork. John Dnley (examined by Mr Martin) : I am a police constable, stationed at Timaru. On the 16th August I received certain articles from Inspector Broham. They wero sealod up inmy presence. I placed them m a box, m the presence of tbe Inspector and Dr

Mnc'ntyre. I corded the box, and scaled it, sealing it with my two fingers. I toot it to Dun. din on the 17ih August, and delivered it to Professor BJaek. )is Honor: You did not part with it m tlio town ? Witness : No ; Your Honor. Witness (to Mr White) : It wns m the samo stato when I delivered it to Professor Black as when I Eealed it up. On tho 30th August I received tho came box from Professor Black. It was scaled up. I produced it m the Besident Magistrate's Court, at Timaru, the same day. Tho box was m the same condition when I produced it m the Resident Magistrate's Court as when I rereived it from Professnr Black. It had not been opened. I received sii bottles from Inspector Broliam on September 14th. I took them to Dunedin on the 15th, and delivered them to Professor Black. I received them , from Inspector Broham. Counsel declined to cross-examine. Eugene Egan (examined by Mr White) : I am stationed at Timaru. I went with Inspector Broham and others on August 15th. I remember leaving the dining-room for somo brandy at the request of Inspector Broham. I got it from the nurse. I poured a portion of it into a glass. Inspector Broham noticed that, it was a peculiar culour, and said he did hot lik« to give it to Hall. Inspector Broham took charge of the brandy. I went out and goteomo other brandy out of the cupboard. I did not get anything elee from tho nurse that nir»)it. On August 18th I received a bottle sealed containing some liquid. I made it up m a parcel with other urticles, including a cullender, a piece of frieze cloth, and an old eack. I kept them mmy possession until (he 28th August. I kopt them inn box locked till I hand-jd them to 3"rofcssor Bln'ck, who was m Timaru. (Tho witness here identiUed the articles.) I afterwards received them from Professor Black at the residence of Dr. Maclntyre on the 30th day of August. They have been since then as exhibits m tho case. To Mr Hay : Miss Houston let us m at tho front door on tho night of the arrest. In reply to my question jsho said that Hull was iv. We went to tho room opposite. Patrick Casey (examined by Mr Martin) : I am a polico constable stationed at Timaru. I was at Hall's house on the 2lst August with Mr Broham. He gave me certain things to be taken caro of, including rags and some kerosene m a tin. I kept them, and gave them to Detective Kirby. They wero m the same elate as I recoived them from Mr Broham. Witness was not cross-examined. James Gow Black (examined by the At-torney-General : 1 am Professor of Chemistry m the Otago University, and Doctor of Science m the Chemistry Department of the Universities of Kdinburgh, .Glasgow, Aberdeen, etc. My teaching m chemistry is recognised m the Universities of Kdinburgh, Glasgow, and Aberdeen. That is, attendance mmy classes is equivalent to attendance at clasßes of those Universities. A constable named Daloy, I believe, brought me a box to Dunedin m August. I beliore it was cither the 17th or 18th August lmt. It was a wooden box enclosed. It had a string round it with sealing-wax overjthe box attaching the string to the box. Some kind of impression had been made on the sealing- irox. When Daley brought the box I told him to open it, and he did co. I gave him tho produced receipt for it. The box contained fifteen articles all together, num berod from Ito 15. I analysod the wholo of tho substances received by me. During tho analysis it would be impossible for any person to hare put anything into the substances under analysation. Tho result was ns follows: -No. 1 (exhibit A) contains nutimony. Tartar emetic is poison. On analysis I found it to be tartar emetic. No. 2 (exhibit B). I found tartar emetic m these pockets. After washing and wringing them I found tartar ometie. (No. 3 exhibit) 1 found m this packet tartar emetic. (No. 4 exhibit) contains a loose white powder. On anulysis I found it to be tartar emetic No. 5 (exhibit E) contains a liquid slightly opalescent with a little white powder, indissoluble I found antimony iv it. I did not examine for colcbicum. I found tartar emetic which contains 36 per cent of antimony. No. G (exhibit F) contains tartar emetic. No. 4 (exhibit G) contains common salt petro ; no antimony. No. 8 (exhibit II) weak lime water, doc 3 not contain antimony. No. 9 (exhibit J) three- em. ill pnukets of white powder, contain nitride of bismuth, no antimony. No 10 (eihibit J) is brandy. I nnulysed it for antimony, but found nono. I did not analyse it exhaustively. I did not examinofor anything but metallic poison and found none. Dr Ogston and myself examined this sample brandy (No. 10^) for antimony or colchicum. We found colchicutn m large quantities. Colchicum is tho active principlo of colchioum. By largo quantities I meun relatively. No. 11 (exhibit X), iced water, does not contuiu auy antimony. No. 12 (cxhibtL)|a piece of cork, there was a little white powder attached to it, and the white powder was tartar emetic. No. 13 (exhibit M) contains a strong solution of tartar emetic, at the rate of eight grains of tartar emetic to the ounce. No. li (exhibit N), this is vomit, nnd I found it to contain antimouy. No: 15 (exhibit O), this is urine and wa3 found to contain antimony. These were nil tho articles I received from Constable Daley. I received some articles from Dr MncTntyro m his own laboratory, and also somo from Egnn. I gave a receipt for them. I received from Egan a cullender, some flannel, gauze cloth, and a piece of sacking. I examined these things for antimony and found none. I received a corked and eealed phial from Egan, said to contain Tomit of the 13th August. I produce it. It bears my initials and Dr Ogston'a seal. I found antimony m that. I received some packets from Egan, but there was nothiDg found m them. The court then adjourned until 10 a.m. to-morrow.