THE CAIN CASE.

Timaru Herald, Volume XLIII, Issue 3774, 5 November 1886, Page 2

THE CAIN CASE.

■ « CORONER'S INQUEST. TlMAßU— Thursday, Not. 4nr. J. S. Beswiek, Esq., tlie Coroner for the district, took his seat punctually at 11 a.m. Inspector Broham then called the following jury : — T. C. Plante, J. Anderson, J. Shepherd, 0. Bowlcw, A. J. Qnelch, and W. Priest. Mr Plante was chosen foreman. After tho jury had been sworn m, tho coroner informed them that thoy would •have to go to tho cemetery to view the body. The jurymen n-cre then escorted out by the police, and having got into a counts of expresses that were m waiting: wore at once driven to tho cemetery. Tiiey wore absent altogether about 20 minutes. On their arrival, Mr White said that, instructed by tho Crown, ho appeared to conduct tho inquest, and Mr C. T. H. Perry, by permission of tho coroner, was allowed to watch the proceedings on behalf of the cimvicl, Thomas Hall, who was present m charge of Gaoler O'Brien and a. warder. Witnesses were then called as follows : — Patrick Maclntyre : I am a duly qualified medical practitioner residing m Timaru. I was the medical attendant of the late Captain Cain, and attended him. regularly till his death. I have seen a body at tho cemetery which I believe to be that of the late Henry Cain. I do not say that I identify it. 1 have this morning also seen >■ the body which has been viewed by the jury. I have no other reason for believing it to be the body of the late Captain Cain, except that it was exhumed from the plot m which I saw the coffin of the captain buried. Some two years beforeCaptain Cain died he lost the small toe off one foot. I made an examination this morning, and found both, small toes missing. During his last illness Captain Cain Buffered from kidney disease and dropsy ; enfeebled circulation also existed from the previous illnesa. I prescribed frequently for him up to the_ time of his death, None of my prescriptions contained antimony or any preparation of antimony. I prescribed stimulants, spirits and wines, among them being champagne, Mr White: Having regard to tbs disease. Captain Cain was Buffering fromj would the stimulants, such as doiGlibodt

if administered m medicinal doses hay tho effect of producing sickness ? Witness : No, they would not. C;if tain Cain's last illness was of six monthi duration. He died on the 29th of Jar vary of this year. Captain Cain one complained to me that his whisky mad him sick. I had known Captain Caii about 14 or 15 years. Ho was a man tha always enjoyed his "hiss of whisky, never heard him complain of tho whisk; with the ono exception I have mentioned To Mr Perry : I certified that dcat] resulted from kidney disease am dropsy. To tho coroner : The administration o poison like antimony would accelerate tli< death of persons suffering from dropsy. Bridget Wrpn : I am Hi a wifo of Dcni; Wren, "gardener, of Timaru. I wa formerly a domestic servant for the lati Captain Cain. I was with him about tw< years, and up to his death. It was abou four months before he died that he startec retching. Ho had not been very ill just before that time. One of hi 3 toes wm bad Ions: before that. I remember hiit losing a toe. It was the small too on tht right foot that he lost. I could not saj exactly when he first becamo sick. I remomber the Ist of December last year, There wero then m the hnnao Mrs Newton, Miss Gillon, and 1 think Mis? Houston. But when I come to think of it Miss Gillon was not there, she came later on. Denis Wren and myaelf wero there also. Now I come to think of it,, it was m the month of December that Miss Gillon came. Mr Newton used to come occasionally to tho house, and Hall used to come m the mornings, and sometimes he would comn back to luncheon. Ho used also to call at the house going out of town of an evening to hia house near Compstall. A man servant named George Kay used to Bit up with Captain Cain ; that was m December. Before Kay came Hall used to sit up with theCaptain. I knew Captain Cain was ordered to take spirits and champagne. I sometimes Rave it to him, sometimes Mrs Newton did ; and Miss Houston after she came used to give it to him. Mr White : Do you know of your own knowledge that Hall gave the captain spirits ? Mr Perry : I object to this question ; to any such sugges'ion. Mr White : Thero were a number oF people m the house, and I wish to ask thi3 question about Hall. The Coroner : I agree with you. To save any difficulty arising I will ask the question. I can ask any question I like. Witness to the coroner : I do not know of my own knowledge whether Hall gave epirits to Captain Cain or not. Tho liquors used to bo kept m the sick room m a decanter. They used to be got from a store room. Captain Cain was also m the habit of taking claret, which was also kept m the sick room. I can't remember liow long Hall was m the habit of coming to the house before Gain's death. I should think it was about 3 months. I wa3 present when the Captain retched ; was present several times. Sometimes when he took no food at all he vomited. He used to take spirits with his dinner, and be sick then sometimes. To Mr Perry : I think Mrs Newton used also to sit up pretty late with Captain Cain, when Hall was present, besides thoss I have mentioned. Hall used to sit up with him just before old Kay came. This wa3 before Christmas. Hall, so far as I can recollect, did not sit up with the Captain after Christmas. The Coroner : What is the me of all these questions Mr Porry ? We only want to get at the facts, and if this crossexamination -joes on it will prove interminable. This seems to me too much as if a trial were going ou. This is not a trial, no one i 3 accused. Mr White : I see no necessity for it. Mr Perry : I will bo as brief as I can, sir. To Mr Perry : I was generally with the Captain m the house. Ho had breakfast about 9 o'clock. His sickness was intermittent. Ho would be sick sometimes during lunch, and sometimes after it. To the Coroner : Tho decanter I spoko of was a liquor stand, with 3 bottles m it. lam quite sure all the bottles contained whisky. Thero were no special bottle 3 for the Captain ; anybody could get at them. Denis Wren : I am a gardener, and was m Captain Cain's service to the time of his death . I remember the Captai n losing the little toe of the right foot. Hall began to come frequently to the house about three or four months before the Captain's death. He came very frequently indeed about 6or 8 weeks before he died. On coming m m the morning he would call at tho house, and again on going out rf town. Sometimes he would call for lunch there. About 4or 5 weeks before Cain's death Hall sat up with him, so far as I knew. I did not know which room Hall stopped m. He called me once or twice to get things for him. The Captain used to vomit frequently during his illness, about 6 weeks before his death. I never saw Hall give the captain anything. The captain used to say his grog made him sick. He could not make out why it made him sick. He then took to drinking port wine. I wsb with him two years. I never saw him drinking, but from his appearance I thought he took drink. My wife told me he drank. I have seen Hall about his bed-room of a morning and evening. I left the room always when Hall came m. I was once directed by Hall to leave tho room. He said to me that he wanted to speak a few words to the captain. The whisky and champagne used m the sick room was kept m the store, — that is, the bulk of it. Hall once said to me that it was not possible for the captain to get over the disease he had ; that he could not get over his illness, — could not recover. He used to come mof a morning and ask how the captain was. I used to reply, " Much better." He would then say, " I do not think the captain will get over it ; it is impossible." To Mr Perry : I am not a medical mau, and cannot say what the captain was suffering from. I understood from the captain that he was suffering from dropsy. I sat up with the captain about 20 nights altogether. That was during tha first and last of hia illness. I did not assist m tapping the captain for drop3y. The Coroner : I think these questions are irrelevant. Mr Perry : I merely want to show that Captain Caiu was m a bad state from the dropsy, Witness to Mr Perry : I assisted to wrap up tho captain's foot at one time, not his leg. Tho foot was bad altogether about three weeks. The captain was sometimes cheerful and bright during his last illness. The Coroner said this question was a silly ono when the man was sick and dying. To Mr While : Tlio captain never complained to mo or said m my presence that the whisky or chatnpngno was poisoned. I had never seen Hall give him champagne or spirits. Hedlty Vicara Drew : I am a duly qualified medical practitioner, and surgeon of tho Timirn Hospital. I wa3 at the houso of the late Captain Cain on the afternoon before Mb death. I saw the captain at the suggestion of an old friend of hia, and I was m the house for ten minutes or a quarter of an hour. The captain seemed very anxious that I should see him, and T did so. I found that he was covered m bandages np to his thighs. He pressed me very much about himself and so on, and wanted to know if he would die, or if I thought he would get over it. After some conversation I felt his pulse, and found it stronger than I expected m a man who was suffering from dropsy. Hi 3 coughing tended to increase the strength of the pulse. I heard of his death next day, and was rather surprised at it, as I did not expect it. As a medical man, from the state of the pulse, I could not say if the patient would have lived a month or two months. Could not say if he was on tho point of death. I have felt the same pulse m the case of aortic disease. It being 1 o'clock the cor»ner decided to adjourn till 2 p.m. On resuming at 2 o'clock the taking ol evidenu9 was continued as follows : — John William Webb ; I am an under

taker at Tinuini. I rnir'i"l out th funeral arrangements of 'hu Ute Cajraii Cain. I assisted lo place tho bnrly m [!■ coffin, and saw the eollin deposited m Hi' grave. I was present when the Imdy w;\ exhumed at tho end < f September, am saw it reburied. I saw it exhum: d nxnii this morning. I c-tilJ recognise the bod; tho first lime, but I cannot now. To tho Coroner : I did identify tin body I saw this morning as the one '. buiied again m September. Witness to Mr White : Edward Draki waa the sexton who received the bndj from me, and exhumed it on the lub occasion and m September. I was presen: on all the occasions. Edward Drake : I am sexton of tli< Timnru cemetery. I received a coffin frorr the last witness, Webb, on the 3lsl January laaf. Did not receive any othei body tliat. clay. The C"ffinwns lowered intc the grave m Webb's presence, and ] buried it. The body waa exhumed at the end of September, and buried again, Webb being again present. It was exhumed again, and afterwards re-buried once more m Webb's presence. Margaret Graham Houston : I am at present residing m Christchurch. I went to reside at Woodlands, Captain Cain's residence, on the Ist December, 1885. Mrs Newton was then residing m the house besides Captain Cain ; also Denis and Bridget Wren. I did not know Mrs Wren's maiden name. I only know that Bridget, afterwards married Denis Wren. Miss Gillon came to the house about a week before Christmas Day. I went as companion to Mrs Newton, not to nurse Captain Cain. Mrs Newton had been ill. I also had to teach her little boy. CzptainCainwH3noti!l whenlfirst wentthere. He took ill a little before Christinas Day, Mid I was asked to nurae him. I did aa for a few days, but he coon got too ill, md had to have somebody with him ilwaya. Then Denis Wren nursed him during the day, and a man named Kay it night. Captain Cain's body was nuch swollen. He used to talk to Tie, but did not describe his symptoms ;o me. I never saw him vomit, but ho >nco went out from dinner, saying that le felt very sick. I think he waa upset rom being out for a long drive. From he time I went, till Captain Cain's death, Hall waa m the habit of coming to the louse with Mra Hall. I only remember lim coming with Mrs Hall. He did so freluently up to the time of the captain'B ieath. I do not remember him coming lone. Ido not remember seeing him m he house when Mra Hall was not with im. I remember Hall sitting up with !ain three half nights. They were conecutive nights before George Kay came, could not say if Mra Hallcime with him n those occasions. I had aeon Hall at he house on different occasions on his ray to the office m his dog cart. This lappened frequently — nearly every day. never saw Hall at the house during the uncheon hour. Hall generally brought. Irs Hall m, would then leave her at the ouse, and call for her m the vening. I believo Hall used to 0 and see the C3ptain when lie illed, but I never saw him go m myself, do not think Mr Mason was m tho house 10 night before Captain Cain died. I link Mr and Mra Hall wont away ab Hit 3 o'clock that night. I remember Dr irew coming tho afternoon before ,»ptain Cain died. Hall called at the ouse the morning of the death, but 1 mnot say when I last saw him prior to io death. I did not consider Captain am worso than usual the day before ho iod. I cannot say distinctly when I last iw Mra Hall prior to Captain Cain's eath. I think it was sometime, but mnot remember how long, before the lptain's death that the whist party >ok place. I only remember tho one arty taking place. Mr Hall, Miss Gillon, Irs Newton, and myself formed the arty ; Mrs Hall was also present. The coroner to Mr Perry : I have iou»ht over your position at this invest, and have corns to the conclusion ot to allow anything m tho shape of ross-examination. If you desiro to put ny questions you must suggest them to le, and I will put them. Mr Perry : Of course I bow to Your Worship's decision ; but it is the usual ling to allow counsel to cross-examine. The Coroner :No;it is not. Whore iere is no charge made you have no ght to ask questions except by perlission of the court. I will put any uestion you may suggest. Mr Perry : It is almost impossible to ut questions through the court. One innot follow his ideas quick enough. The Coroner : Perhaps not ; but I lall not allow you to cross-examine exspt through me. Richard Bo wen Hngg : I am a duly nalified medical practitioner, residing at imam. I remember being present with T Og3ton holding a post mortem exnination on the 27th September last. ; waa the body mentioned by Webb and •rake. I recognise the body as that of ib late Captain Cain. I examined the jet, and found the right little too was lissing completely ; found the stump lerely. Noticed that the left little toe ■as hanging by a piece of skin. The antents of the abdomen, the stomach, ortions of the large and small intestines, lie bladder, a portion of the liver, the idneys, and the spleen were takeu way. The heart was not fremoved. 'hese things were put into two ottlea by Dr Ogston and myself, irked and sealed, and taken next day to lunedin. The seal was Dr Ogaton's rivate Beal, and the things named retained m Dr Ogston's possession all the me. laccompaniedDr Ogston toDunedin )r the purpose of assisting at an analysis f the portions of the body. The seals of lie bottles were broken m my presence, 1 Dr Ogston's laboratory, the University uildings. The analysis was commenced hat night by Professor Black, Dr Ogston, nd myself. The analysis was completed t 1 a.m. on tho Ist October. The eats showed complete proof of the resence of antimony. I also identified ho body by the condition of the aortic alves. Between May and July, 1885, Japtain Cum paid me three visits with reerenco to loss of vision. A cataract was orming, and from tho state of his pulse examined hia chest and found he had xtensive disease of the aortic valves. Ls Dr Ferguson, of Dunedin, contemilated an operation for cataract, I ac|uainted him of my diagnosis, believing ,'aptain Cain was a bad subject for .nresthesia. Thia disease I verified after leath, and I give it as an additional reason or identifying his body. Knowing Capain Cain's state of health, I have not tho ilightest doubt that tho introduction of mtimony into his system would accelerate lisdoath. Peter William Hutton : I am a bnokicller at Timaru. In May, 18Sf>, Hall !iime to my shop and then purchased from me a book called Headland's " Action of Medicines." It was bought on Saturday, the 9th May. Ho said he wanted some information about antimony ; abouts its action I understood, I referred to the " contents " of the book, and said "Here Mr Hall is the thing you're enquiring for." The boob was then purchased, rfc came m about a month afterwards ; that was also on a Saturday, and borrowed " Taylor on Poisons," saying he would bring it back- again. He afterwards reborrowed the book, and then bought it. On returning it the second time, I remarked that he had borrowed the book several times, that he had better buy it. He did so, paying for it at tho time, saying " You had better not book it." I saw him write m the book aa it appears now "T. Hall, 1882," on the front leaf, anc at the close "Dunedin, T. Hall, 1882.' I identify thia book aa the one sold. To tho foreman : I identify the bool by the ear marks ; by it 3 general appear anco, having been handled by me fo: seven years ; and by its bearing a fain indication of my private mark. Thomas Broham : I am an Inspector o Police, Timaru. On the 15th August arrested the Thomas Hall now m cour on a charge. I searched his house am found thia book (" Taylor on Poisons ") ii Hall's bedroom. Hall said to me when took the book, "I suppose this will tel against me." Mr Perry : Is this evidence 1 The coroner : No, we had bolter «c take U.

Witness: I also found tartar eitiutic i tho hou3e. William Davidson : I am agent i Tim mi for the Australian Mutual L'vovi d'lit Lifii Association. In the month i August, 1885, Hall saw ma m referenc to the insurance of his wife's life. Mr Perry : Is this evidence ? The Coroner : I think it is quit relevant. Witness : After Hall gave me the l\\< proposals he said it would dopend on th length of Captnin Cain's life which polic; would be kept m force. Nothing furthe was stated then. Miles Jefferson Knubley : I am ; solicitor, practising m Timaru. I actec as Captain Cain's solicitor for some tinn prior to his death. I WR3 aware th.i Hall and he had had some difference: about money matters. Captain Cain, ] haveheard, complained of HnlL'streatmcir of him m connection with the Cain tmv account, m reference to Mrs Hall"; account. A short time before Captair Cain's death I believe the difference! were healed, and Hall and he became on more friendly terms. Hall only benefited so far as his wife was concerned m Captain Cain's death. Hall would benefit by it to tho extent of tho money left her under Captain Cain's will, to the extent of only about £250, that is as regards the furniture and a piece of land. The furniture has been sold for £170, but the land has not boon sold. I value the land at about £140. Mrs Hall and Mrs Newton have equal shares. In December, 1885, a deed was executed by Mrs Hall and Mrs Newton and the then trustees, which provided amongst other things for an annuity to Henry Cain of £300 a year, dating from the Ist January, 1880. He was also to have the free use of the huuae and U'ounds, worth then about £7Sperannuin. Mrs Hall and Mrs Newton would benefit £375 m the event of Cain's death. Also to the extent of the value of the furniture and four acres of land. I cannot siy if Hall said to me that he expected his wife would get more than she did nnder the will. To Mr Perry (by the Coroner) : I could not Bay what tho contents of the will were. I certainly did not tell anyone of its contentß. To the Coroner : Captain din made about half-a-dozen wills during the last three months of his life. The wording of them depended on what sort of a temper he was m. I could not say whether they were m favor of Hall or not. The Coroner to the jury : Do you require any further evidence on this point I The Foreman : I think not, Your Worship. Arthur Ormsby : I am a solicitor practising m Timaru. I know Mrs Kate Emily Hall, the wife of Thomas Hall. I drew her will and executed it on tho 29:h Jiily, 1885, leaving everything to Thomas Hall. Tho Coroner : Do you propose to call any moro wituesse3 this evening, Mr White 1 Mr White : No, your Worship. I think if the inquest is adjourned fir a fortnight-, that 1 will then bo m a position to close it. Tho Coroner : In that caso tho court will adjourn till Thursday, tho 18'h November. Inquest at 4.25 adjourned accordingly, the jury being bound over to nppear on the day named. THE SCENE AT THE GRAVE. The work of exhuming the remains of tho late Captain Cain a second time was begun about 7.30 yesterday morning, and at a few minutes after 8 o'clock, Mr Drake and hia assistants had tho codin quite uncovered. The woik of lifting it < ut wa3 then commenced nnder the supervision of Detective Kirby. This, as on the first occaaon, proved by no moans an easy task, but being executed m daylight, was more quickly performed than on the memorable night of the 27th September. The ghnstly work only took DO minut'.-a, whereas on the first occasion lj 1 hours were spent over it. On getting the c >ilin to the surface r.f tho ground, a strong wooden frame was placed beneath it, and it was then carried to a small vacant plot close to the newly opened grave. Dr Hogg arrived about 9.30 and made an examination. After the jury had viewed the remains the coffin was for the third time sealed up, and put into the crave, where it is to be hoped it will be allowed to remain. THE PRISONER HALL. The convict, Thomas Hall, was escorted m by Gaoler O'Brien and a warder as soon as the jurymen came back from the cemetery, and was provided with n chair m front of the prisoners' dock. Tho attendance of the public was large, and they were all curiosity to see the man who once occupied such a good position here, and of whom so much has been said and written m connection with what Judge Johnston characterised as one of the most diabolical crimes ever committed. Hall's demeanour throughout the proceedings yesterday was calm and composed. He took a deep interest m tho evidonco, and at times conversed with his counsel (Mr Perry), and his managing clerk m an earnest manner, and at times look full notes of what was being stated by witnesses. When tho inquest adjourned lie had a short consultation with Mr Perry, and was then marched back to quarters at the police station, a tremendous crowd of people being m the grounds to see him pass out. The people did not give audible expression to any kind of feeling, and the whole inquest has thus passed off quietly.