February 11, 1897:1
6th
FOR FEBRUAR ition was held rom the golfing weath thongh rain towards the close the ther sticky, and made putting in, which may in a measure the generality of the scores being rather high. The winner of the Cup started with an 8 hole, and getting into the hurdles at the long hole did not get down nuder 7 in both rounds. The remaining holes were 5's and 4's. Subjoined are the returns hauded in for the Cup and Pool
*
CAPTAIN'S CUP.
Mr. H. L. Dalrymple g! 9 82 MT. VA. C. Hawkins... 94 8 86 Mr. A. F. R. Green, R.A. 99|12 87 10515.90 10211 91
·11118 93 ... 10912 97
Mr. H W. Robertson
Mr. C. Palmer
Mr. G. Millward
Mr. C. H. Grace
17 entries.
POOL.
94 8' 86
Mr. A. F. R. Green, RtA. ́96 12 84 Mr. V. A. C. Hawkins... Major Grant Dalton Capt. R. Murray Rumsey Mr. H. W. Robertson
Mr. C. Palmer
Mr. G. Millward
Mr. CH. Grace
21 entries.
9811 87- 96 8 88 105 15 90 102 11 91 11118 93. 109 12 97
THE CAREW CASE.
SATURDAY, 23RD JANUARY, FOURTEENTH DAY'S PROCEEDINGS.
Mr. Lowder opened the case for the de fence. He said Gentlemen of the jury, Just three months have elapsed since the open- ing of the inquest into the death of Mr. Carew, the husband of the prisoner, with whose murder she is now charged. Perhaps the long delay is not altogether to be regretted. Men's minds had been greatly prejudiced by what I may call the almost sensational evidence that was given at the inquest by an eminent professor of chemistry by the summing up of the Coroner, who based his remarks largely on that evidence; and also by violent articles which appeared in two local papers, condemnatory of the verdict of the Coroner's jury, one of which went so far as to insinuate that the verdict they returned was in violation of their oaths! I am not, gentlemen, one of those who complain of fair and reasonable newspaper criticism. Such criticism, as Lord Rosebery said in a recent memorable address, when it is fair and reason- able, acts as a stimulant. But when it is unfair, immoderate, and unreasonable, it is apt to pro- voke a reaction in favour of the person whom it purposes to destroy. Be that as it may, I am rejoiced to think that there has been time for further consideration; that the benign influences of Christmas have intervened; and that you are in a better position now than perhaps you would have been then to sit in judgment rather than in condemnation.
The learned counsel then dealt at some length with the presumption of innocence to which an accused person was entitled until guilt waS proved, impressing upon the jury that the proof must be affirmative and of so cogent a nature as to leave in the minds of the jury no reason- able doubt of the guilt of the prisoner, and that the burden of this proof is on the prosecution, which if it is to succeed must succeed on the strength of its own case and not by the weakness of the defence. He proceeded-Now the learned Crown Advocate in his opening, which was a model of fairness, as one might have expected from one of his position--though I may be pardoned for saying that the prosecution has been somewhat minute and in parts even potty to be able to demonstrate to you the things I have just mentioned, namely, that met his death by arsenical poison- hio that caused his death was ad- wife. Not only, gentlemen, is proof that he died of arsenical but there is absolutely not one atom of Carey administered arsenio to
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CHINA OVERLAND TRADE REPORT.
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86
under the circumstances quite impossible to% pronounce definite and decided to what he died of. On the secon I shall ask you to con
consider the probabilities of the matter, as it is in evidence before you, and shall then invite you to come to the conclusion that the prosecution is based on the merest suspicion, for which there is little or no warrant. Let me then call your attention a little more closely to what the learned counsel actually undertook to do; and it will then be apparent that they have failed to make out their case against the prisoner. They undertook to prove-first, that the deceased died of arsenical | poisoning and that sugar of lead in no way con- tributed to the death; secondly, they undertook to adduce circumstantial evidence so strong as to lead to the inevitable inference (a) that he died of Fowler's solution of arsenic, adminis- tered to him by his wife, in frequent and in- creasing doses, over some period of time; (b) that there was in the stable a white powder which was probably arsenic and which was pro- bably administered to the deceased by his wife, but was neither a cause of death nor the cause of death. The questions which I consider you will eventually have to answer are these — 1.-Did the deceased die of arsenical poisoning exhibited in the form of Fowler's solation? 2. Did he die of arsenical poisoning exhibited
in the form of white arsenio ?
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of these three kinds of connection with the case. all as to the white arsenic, sugar of lead, and thirdly as Mrs. Carew, pages 3 and 4, says. he ordered the arsenic through me ordered the sugar of lead, I told him a small quantity in a bottle in the had been used some time ago as B pony, and I asked him what he wish with it. He told me that som previously he had used it with gr as an exernal application for com of the liver, and I never thought of the two bottles until yesterday. The for the prosecution asked you to decide in making that statement the prisoner that arsenic, i.., white arsenic, hád as a lotion for the pony, or that sug lead had been so used. But surely be no ambiguity about what was Her husband had asked her to procu him two articles, viz., Fowler's solutio arsenic and sugar of lead, She knew he had been accustomed to take arsenic in the form of Fowler's solution. Is it in the least likely then that she should suggest white arsenio to him as a substitute for Fowler's solution ? or that she should have asked him what he wished to do with it, if she had referred to white arsenic ? Besides, look at the construc. tion of the sentence, and it is obvious that she could not possibly hove been referring to white arsenic. Then again she was referring to a particular conversation that had - taken place between her husband and herself,
which con versation she had related à moment, before. It will be found at the top of page 2. “On Tues- day evening he gave me a slip of paper which I have, on which was written 1 Bottle Fowler's solution of arsenic, 1 Bottle sugar of lead.'' Read in the light of that conversation we have this statement. "at the time he ordered the Fowler's solution of arsenic through me, when he ordered the sugar of lead, I told him there was a small quantity. in a bottle in the stable. A small quantity of what? It can only, I submit, relate to sugar of lead. In order to support their theory, how- ever, the counsel for the prosecution went on to say that though the betto applied sugar of lead in the stable he was also given on two occasions by Mrs. Carew a small quantity of white powder which was sprinkled over the pony's food, and might have been white arsenic. Further, that the examination of the stomach of the deceased showed that at one time or other, probably some days before the death of the deceased, arsenio in a white state, as a powder was given to him. The prosecution cannot trace that white arsenic, they know - sugar of lead or white arsenio being stable, and that on two occasions received from Mrs. Carew a white por sprinkled on the pony's food. Now whe evidence on this point? I am citing opening speech of the counsel for tion. You heard yesterday the betto. He said that he re early part of March or of March last he had been gi Carów a white powder to the pony and he said that afterwards he used the remai
3.-Did he die of lead poisoning? 4.-Did he die of arsenical poisoning exhibited in the form of Fowler's solution, and white arsenic, and acetate of lead; or of any two of them, and if so of which two combined ? If you find that he died of white arsenic, the prisoner is entitled to be acquitted; for no arsenio in that form has been traced to her possession. If you find that he died of lead poisoning, the prisoner is also entitled to be acquitted, because the deceased, in the absence of the prisoner, who was in church at the time, himse:f sent a messenger to Maruya's shop on the 18th of October to purchase & bottle of sugar of lead, and the inference is that he took it himself. If you find that he died of the com ned effect of arsenic exhibited in the form of Fowler's solution and of white arsenic, the one administered by the prisoner, the other not, she is also entitled to be acquitted, because it is impossible to say that that which was administered by her caused the death. If you find that he died of the combined effect of white arsenic and sugar of lead, the prisoner is entitled to be acquitted, because the white arsenic has not been traced to her, and the deceased himself sent for, and probably took, sugar of lead. If you find that the deceased died of the combined effect of Fowler's solution of arsenic and sugar of lead, the prisoner is entitled to be acquitted, even though you may think the Fowler's solution was administered by her, because it is impossible to say that his death was caused solely by the form of poison administered by her. If you find that the deceased died of the combined effect of arsenic administered by the prisoner in the form of Fowler's solu- tion; exhibited to the deceased in the form of white arsenic, by whom you do not know; and of sugar of lead taken by the deceased himself, then in that case also the prisoner is entitled to be acquited. In fact it comes to this, that in order to bring in a verdict of guilty you will have to find (a) that deceased died of arrenical poisoning, whether in one form or two, to the exclusion of lead poisoning; (b) that whether the arsenio was exhibited to the deceased in one or both forms, it was administered to him by the prisoner felcniously, wilfully, and of her malice aforethought with the intent to kill and murder her husband-for so runs the indict ment. Whenever poisons, in more forms than one, are found post-mortem (and in this case according to Dr. Divers there were three) and a person is accused of poisoning the deceased, it is necessary for the prosecution to make out affirmatively beyond doubt that the death is at tributable to either one or more of them, and that the accused porson administered that one had, or or more with intent to murder. Otherwise the hu prosecution fails. It was for this reason that, in his opening address, my learned friend our- mised that the defence would ignore the pos- sibility of lead poisoning, thus leaving only two forms of poison to be accounted for, and he read
7
He also said he had sugar of le that a portion of it had been use lotion for the pony's foot the deceased, and that the used after the death of gentlemen, you will hardly tell you that all the time pros
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