“My dear Sir,—I am sorry to tell you that I am still confined to my bed. I don’t think it was mentioned at the inquest yesterday that Cook was taken ill on Sunday and Monday night, in the same way as he was on the Tuesday, when he died. The chambermaid at the Crown Hotel (Masters’s) can prove this. I also believe that a man by the name of Fisher is coming down to prove he received some money at Shrewsbury. Now, here he could only pay Smith £10 out of £41 he owed him. Had you not better call Smith to prove this? And again, whatever Professor Taylor may say to-morrow, he wrote from London last Tuesday night to Gardner to say, ‘We (and Dr. Rees) have this day finished our analysis, and find no traces of either strychnia, prussic acid, or opium.’ What can beat this from a man like Taylor, if he says what he has already said, and Dr. Harland’s evidence? Mind you, I know and saw it in black and white what Taylor said to Gardner; but this is strictly private and confidential, but it is true. As regards his betting-book, I know nothing of it, and it is of no good to any one. I hope the verdict to-morrow will be that he died of natural causes, and thus end it.“Ever yours,“W.P.”
“My dear Sir,—I am sorry to tell you that I am still confined to my bed. I don’t think it was mentioned at the inquest yesterday that Cook was taken ill on Sunday and Monday night, in the same way as he was on the Tuesday, when he died. The chambermaid at the Crown Hotel (Masters’s) can prove this. I also believe that a man by the name of Fisher is coming down to prove he received some money at Shrewsbury. Now, here he could only pay Smith £10 out of £41 he owed him. Had you not better call Smith to prove this? And again, whatever Professor Taylor may say to-morrow, he wrote from London last Tuesday night to Gardner to say, ‘We (and Dr. Rees) have this day finished our analysis, and find no traces of either strychnia, prussic acid, or opium.’ What can beat this from a man like Taylor, if he says what he has already said, and Dr. Harland’s evidence? Mind you, I know and saw it in black and white what Taylor said to Gardner; but this is strictly private and confidential, but it is true. As regards his betting-book, I know nothing of it, and it is of no good to any one. I hope the verdict to-morrow will be that he died of natural causes, and thus end it.
“Ever yours,“W.P.”
The witness Cheshire was then cross-examined by Mr. SerjeantShee: I knew Cook very well. I did not know his handwriting. I have seen it, but am not sufficiently familiar with it to be able to identify it. I have seen him write. When I refused to sign the document which Palmer presented to me for signature he observed, “Oh, it is no matter, I daresay they will not call in question Mr. Cook’s signature.” What Palmer asked me was, “whether I had seen or heard anything?” I said that I had seen something, but that it would be wrong for me to tell him what. He then inquired what I had seen. I think the phrase he used in speaking of his own innocence was that he was “as innocent as a baby.” I remember having been told by Palmer, the Saturday before Cook died, that the latter was very ill. On that day I saw Cook. He was ill and in bed. I saw Palmer about midday of Wednesday, the second day of the Shrewsbury races. I saw him at Rugeley on that day.
To Mr.James: The duration of the journey from Stafford to Shrewsbury is upwards of an hour.
Ellis Crisp, examined by Mr.James: I am inspector of police at Rugeley. On the 17th of December I assisted in searching the prisoner’s house. There was a sale of his furniture, &c., on the 5th of January. The book now produced I found in his house, and took it away. It was being sold, and I took it away. (A laugh.)
Cross-examined by Mr. SerjeantShee: It was brought out at the sale with a lot of other books. There were several medical books in the house. There was no attempt to conceal the volume I seized.
The Clerk of Arraigns read from the book referred to this sentence, proved by the witness Boycott to be in Palmer’s writing—“Strychnia kills by causing tetanic fixing of the respiratory muscles.”
J. Burdon, examined by Mr.James: This manuscript book I found in the prisoner’s house on the 16th or 17th of December. I am an inspector of police in Staffordshire.
TheAttorney-Generalread an extract from the book in question. It related to strychnine, and alluded to the mode of its operation.
LordCampbell: That may be merely a passage extracted from an article on “Strychnine” in some encyclopædia.
TheAttorney-General: No doubt it may. I put it in for what it is worth.
Elizabeth Hawkes, examined by Mr.Huddleston: I keep a boarding-house at 7, Beaufort-buildings, Strand. I know Palmer. He was at my house on the 1st December last. He asked my porter to buy some game and fish for him. I purchased some fowls for him on the 1st of December. They consisted of a turkey and a brace of pheasants. The porter purchased the fish. I packed these things up in a hamper. I had no conversation with Palmer about these things. I bought them by Palmer’s order, conveyed through the porter. I sent them somewhere. I directed them myself, and gave them to the porter, who carried them to the railway station. I have never been paid for them. Palmer came to my house on the evening of that day, but I did not see him. The direction on the hamper was “W. W. Ward, Esq., Stoke-upon-Trent, Staffordshire.”
George Herring, examined by Mr.Welsby: I live near New Cross, and am independent. I knew Cook, and met him at the Shrewsbury races last November. I put up at the Raven. He appeared in his usual health. I saw him between six and seven on Wednesday, the second day of the races. I had a private room, with Mr. Fisher, Mr. Reed, and Mr. T. Jones. It was next the room occupied by Cook and Palmer. On Thursday (the following day) I saw Cook. I do not know that at that time he had any money with him, but I saw him with Bank of England and provincial bank notes on Wednesday. He unfolded them on his knees in twos and threes. There was a considerable number of notes. He showed me at Shrewsbury his betting-book. It contained entries of bets made on the Shrewsbury races. On Monday, the 19th of November, I received a letter from Palmer. I have it here.
The Clerk of Arraigns read the letter, of which the following is a copy:—
Dear Sir,—I shall feel much obliged if you will give me a call at 7, Beaufort-buildings, Strand, on Monday, about half-past two.“I am, dear Sir, very truly yours,“W. Palmer.”
Dear Sir,—I shall feel much obliged if you will give me a call at 7, Beaufort-buildings, Strand, on Monday, about half-past two.
“I am, dear Sir, very truly yours,
“W. Palmer.”
Examination continued: I received this letter on Monday, and called at Beaufort-buildings that same day, at half-past two exactly. I found Palmer there. He asked me what I would take? I declined to take anything. I then asked him how Mr. Cook was? He said, “He’s all right; his physician gave him a dose of calomel, and advised him not to come out, it being a damp day.” I don’t know which term he used, “damp” or “wet.” He then went on to say, in the same sentence, “What I want to see you about is settling his account.” While he was speaking he took out half a sheet of note paper from his pocket, and it was open when he had finished the sentence. He held it up, and said, “This is it.” I rose to take it. He said, “You had better take its contents down; this will be a check against you.” At the same time he pointed to some paper lying on the table. I wrote on that paper from his dictation. I have here the paper which I so wrote. [The witness read the document in question, which contained instructions as to certain payments he should pay out of moneys to be received by him at Tattersall’s, on account of the Shrewsbury races.] Palmer then said, that I had better write out a cheque for Pratt and Padwick—for the former £450, and for the latter £350, and send them at once. I told him I had only one form of cheque in my pocket. He said I could easily fill up a draught on half a sheet of paper. I refused to comply with his request, as I had not as yet received the money. He replied that it would be all right, for that Cook would not deceive me. He wished me particularly to pay Mr. Pratt the £450. His words, as nearly as I can remember them were, “You must pay Pratt, as it is for a bill of sale on the mare.” I don’t know whether he said “a bill of sale,” or “a joint bill of sale.” He told me he was going to see both Pratt and Padwick, to tell them that I would send on the money. Previous to his saying this, I told him that if he would give me the address of Pratt and Padwick, I would call on them, after I had got the money from Tattersall’s, and give it to them. He then asked me what was between us. There was only a few pounds between us, and after we had had some conversation on the point he took out of his pocket a £50 Bank of England note. He required £29 out of the note; and I was not able to give it; but he said that if I gave him a cheque it would answer as well. I gave him a cheque for £20, and nine sovereigns.
When I was going away I do not remember that he said anything about my paying the money to Pratt and Padwick. He said on parting, “When you have settled this account writedown word to either me or Cook.” I turned round and said, “I shall certainly write to Mr. Cook.” I said so because I thought I was settling Mr. Cook’s account. He said, “It don’t much matter which you write to.” I said, “If I address ‘Mr. Cook, Rugeley, Stafford,’ it will be correct, will it not?” He said, “Yes.” After leaving Beaufort Buildings I went to Tattersall’s. I then received all the money I expected, except £110 from Mr. Morris, who paid me £90 instead of £200. I sent from Tattersall’s a cheque for £450 to Mr. Pratt. I posted a letter to Cook from Tattersall’s, and directed it to Rugeley. On Tuesday the 20th, next day, I received a telegraphic message. I have not got it here. I gave it to Captain Hatton, at the coroner’s inquest at Rugeley. In consequence of receiving that message I wrote again to Cook that day. I addressed my letter as before, but I believe the letter was not posted till the Wednesday. I had three bills of exchange with me. I know Palmer’s handwriting, but never saw him write. I cannot prove his writing; but I knew Cook’s writing, and I believe the drawing of two and the accepting of the three bills to be in his writing. I got them from Fisher, and gave him cash for them. [The witness Boycott was recalled, and identified the signatures on the bills as those of Palmer and Cook.] Examination continued: The bills are each for £200. One of them was payable in a month, and when it fell due, on October 18, Cook paid the £100 on account. He paid me the remaining £100 at Shrewsbury, but I cannot tell with certainty on what day. I did not pay the £350 to Mr. Padwick. I hold another bill for £500. [Thomas Strawbridge, manager of the bank at Rugeley, identified the drawing and endorsing as in the handwriting of Palmer. The acceptance, purporting to be in the writing of Mrs. Sarah Palmer, he did not believe to have been written by her.] Examination continued: I am sure that the endorsement on the £500 bill is in Cook’s writing. I got the bill from Mr. Fisher. I paid £200 on account of it to Palmer, and £275 to Mr. Fisher. The balance was discount. It was not paid at maturity. I have taken proceedings against Palmer to recover the amount.
Cross-examined by Mr.Grove: Several people were ill at Shrewsbury on the second day of the races. They suffered from a kind of diarrhœa. I was one of those so affected. I had my meals at the Raven, where I put up, as also had my companions. They were not ill, but a gentleman who dined with us one day at the inn was. Palmer did not dine with me any day at the Raven. I saw Cook several times on the racecourse. The ground was wet. I remonstrated with him on Thursday for standing on it. That was after he had been taken ill on Wednesday. I was with Palmer for about an hour at Beaufort-buildings.
FrederickSlack, examined by Mr.Huddleston: I am the porter at Mrs. Hawkes’s boarding-house at Beaufort-buildings. On the 1st of December I saw Palmer there, and he gave me the direction to put on a hamper containing game. It was “W. W. Ward, Esq., Stoke-upon-Trent, Staffordshire.” He told me to buy a turkey, a brace of pheasants, a codfish, and a barrel of oysters; and to buy them wherever I pleased. He said he did not wish the gentleman for whom they were intended to know from whom they came. I saw him write the direction in the coffee-room. I got the hamper and put all the things in it. I sewed it up and took it to the railway. Mrs. Hawkes bought the fowl, and I the other articles.
It being now within five minutes of 6 o’clock the Court intimated its intention not to proceed further with the case that evening.
LordCampbellsuggested that some facility of breathing fresh air should be afforded to the jury before the sitting of the Court on the following morning. Were it not that he made it a practice to take a walk early in the morning in Kensington-gardens, he should himself find it impossible to endure the fatigue of so arduous a trial. An omnibus, or a couple of them, ought to be engaged for the accommodation of the jury that they, too, might enjoy similar recreation.
Mr. BaronAlderson: Why should they not take a walk in the Temple-gardens? There could be no more tranquil spot. (A laugh.)
The Sheriffs intimated that they would attend to the recommendations of the learned judges.
The Court then adjourned at 6 o’clock until 10 o’clock Monday.
The court was densely crowded, and there was no abatement of the interest which has from the commencement been excited by these proceedings. Among the distinguished persons present were Earl Grey and Mr. Dallas, the American Minister.
The jury, who, in accordance with the suggestions made by the learned judges on theprevious day, had during the morning been conducted to the Middle Temple-gardens by the officer who had them in charge, and allowed to walk there for some time, entered the court about ten o’clock, and almost immediately afterwards the learned judges—Lord Chief Justice Campbell, Mr. Baron Alderson, and Mr. Justice Cresswell, accompanied by the Recorder, the Common Serjeant, the Sheriffs, and Under-Sheriffs, and several members of the Court of Aldermen, took their seats upon the bench. The prisoner was then placed at the bar. There was no change in the expression of his countenance, and during the day he maintained his usual tranquillity of demeanour.
The same counsel were again in attendance:—The Attorney-General, Mr. E. James, Q.C., Mr. Bodkin, Mr. Welsby, and Mr. Huddleston for the Crown; Mr. Serjeant Shee, Mr. Grove, Q.C., Mr. Gray, and Mr. Kenealy for the prisoner.
George Bates, examined by Mr.James.—I was brought up a farmer, but am now out of business. I have known Palmer eight or nine years. In September, October, and November last I looked after his stud, and saw that the boys who had the care of the horses did their duty. I had no fixed salary, but used to receive money occasionally; some weeks I received two sovereigns, and some only one. I lodged in Rugeley. The rent I paid was 6s.6d.per week. I am a single man. I knew the deceased Cook. I have no doubt that I saw him at Palmer’s house in September. I cannot fix the date. I dined with him at Palmer’s.
By LordCampbell: I sat at table with them.
Examination continued: After dinner something was said of an insurance of my life. Either Cook or Palmer, which I cannot say, commenced the conversation.
Mr. SerjeantSheeobjected to the reception of any evidence with regard to the proposal of the insurance of the witness’s life.
TheAttorney-Generalsaid that his object was to show the position of Cook’s affairs at this time.
LordCampbell, after consultation with the other Judges, said: I doubted whether this would be relevant and proper evidence to receive upon this trial, and upon consultation the other Judges agree with me that it is too remote.
The examination of the witness with regard to the insurance was, therefore, not pursued.
Witness: I remember the death of Cook, and the inquest. I know Mr. William Webb Ward, the coroner. On the morning of the 8th of December, while the inquest was being held, I saw Palmer. He gave me this letter, and told me to go to Stafford and give it to Mr. Ward. [The letter referred to was that addressed to Mr. Ward, which was on the previous day put in and read.] That was between nine and ten o’clock. He also gave me a letter to a man named France, a dealer in game at Stafford. Palmer said that there would be a package of game from France, which I was to direct and send to Mr. Ward. I got a basket of game from France upon the order which the prisoner had given me. I directed it “Webb Ward, coroner (or solicitor), Stafford,” and sent it to Mr. Ward. I directed it myself. I gave a man 3d. to take the game, but I delivered the note to Mr. Ward myself. I found him at the Dolphin Inn, Stafford. He was in the smoking-room. I told him I wanted to speak to him. He called me out into the yard or passage, and there I gave him the note. There were other people in the smoking-room. I had had no directions from the prisoner as to how I was to deliver the note. When I returned to Rugeley that night I saw the prisoner. I told him that I had delivered the letters which I took to Stafford, and had sent a boy with the game. I remember Thursday, the 13th of December. On that day I was sent for to the prisoner’s house, early in the morning. About midday I went to Palmer’s house. I found him in bed. He said that he wanted me to go to Stafford to take Webb Ward a letter, and to take care that no one saw me give it to him. On the Saturday previously I had taken Palmer some money. On the Thursday Palmer told me to go to Ben, and tell him he wanted a £5 note. I understood Ben to be Mr. Thirlby, his assistant. Palmer added, “Tell him that I have no small change.” I believe he asked me to look in a drawer under the dressing-glass, and said, “Tell me the amount of that bill.” I looked in the drawer, and found there a £50 Bank of England bill. I left the bill there. This was before he gave me the letter for Ward. After seeing the bill, I went to Thirlby’s for the £5. I got from Thirlby a £5 note of a local bank, and took it to Palmer. I then went down stairs, leaving Palmer in bed, with the writing materials on the bottom of it. I remained downstairs, in the yard or kitchen, about half an hour. When I went upstairs Palmer again asked me the amount of the bill which was in the drawer. I just looked at it, and thought it was the same bill I had left there. He then gave me the letter, which was sealed, and I took it to Stafford. I followed Mr. Ward through the room at the railway station, and gave it to him in the road. Mr. Ward did not open or read the letter, but crumpled it up in his hand and put it into his pocket. I believe I told him from whom I had brought it. Having delivered the letter, I returned to Rugeley. I saw the prisoner, and told him that I had given Ward the letter. He said nothing.
Cross-examined by Mr. SerjeantShee: Palmer had four brood mares, and four yearlings and a three-year-old. I can’t tell their value. I heard that one of these horses sold for 800 guineas. I can’t say whether the mares were in foal in November, but I suppose some were. Palmer’s stables were at the back of his house, and the paddocks which were near them covered about twenty acres of ground, and were fenced with a hawthorn-hedge. I remember a mare, called the Duchess of Kent, being there. We supposed she slipped her foal, but we could not find it. I am not aware that Goldfinder’s dam slipped her foal. I once saw the turf cut up with horses’ feet, and attributed it to the mares galloping about. I never saw any dogs “run” them. I have seen a gun at the paddocks. I cannot say whether it belonged to Palmer. I never examined it. I do not know Inspector Field by sight. I have seen a person whom I was told was Field. He came to me at the latter end of September, or beginning of October or November. I cannot say whether he saw Palmer. He was a stranger to me. I do not know that he put up anywhere. (A laugh.) I did not see him more than once. I do not know Field. On Thursday, December 13, I saw Gillott, who is a sheriff’s officer, in Palmer’s yard.
Re-examined by theAttorney-General: It was after the hay harvest that I saw the turf in the paddock cut up. I should say that it was in the latter end of September. I cannot say how long it was before Cook’s death.
Thomas Blizard Curling, examined by theAttorney-General: I am a member of the College of Surgeons, and Surgeon to the London Hospital. I have particularly turned my attention to the subject of tetanus, and have published a work upon that subject. Tetanus means a spasmodic affection of the voluntary muscles. Of true tetanus there are only two descriptions—idiopathic and traumatic. There are other diseases in which we see contractions of the muscles, but we should not call them tetanus. Idiopathic tetanus is apparently self-generated; traumatic proceeds from a wound or sore. Idiopathic tetanus arises from exposure to damp or cold, or from the irritation of worms in the alimentary canal. It is not a disease of frequent occurrence. I have never seen a case of idiopathic tetanus, although I have been surgeon to the London Hospital for twenty-two years. Cases of traumatic tetanus are much more frequent. Speaking quite within compass, I have seen fifty such cases. I believe 100 would be nearer the mark. The disease first manifests itself by stiffness about the jaws and back of the neck. Rigidity of the muscles of the abdomen afterwards sets in. A dragging pain at the pit of the stomach is an almost constant attendant. In many instances the muscles of the back are extensively affected. These symptoms, though continuous, are liable to aggravations into paroxysms. As the disease goes on, these paroxysms become more frequent and severe. When they occur the body is drawn backwards; in some instances, though less frequently, it is bent forward. A difficulty in swallowing is a very common symptom, and also a difficulty of breathing during the paroxysms. The disease may, if fatal, end in two ways. The patient may die somewhat suddenly from suffocation, owing to the closure of the opening of the windpipe; or he may be worn out by the severe and painful spasms, the muscles may relax, and the patient gradually sink and die. The disease is generally fatal. The locking of the jaw is an almost constant symptom attending traumatic tetanus—I may say a constant symptom. It is not always strongly marked, but generally so. It is an early symptom. Another symptom is a peculiar expression of the countenance.
ByLord Campbell: I believe this is not peculiar to traumatic tetanus, but my observation is taken from such cases.
Examination resumed: There is a contraction of the eyelids, a raising of the angles of the mouth, and contraction of the brow. In traumatic tetanus the lower extremities are sometimes affected, and sometimes, but somewhat rarely, the upper ones. When the muscles of the extremities are affected, the time at which that occurs varies. If there is no wounds in the arms or legs, the extremities are generally not affected until late in the progress of the disease. I never knew or read of traumatic tetanus being produced by a sore throat or by a chancre. In my opinion, a syphilitic sore would not produce tetanus. I know of no instance in which a syphilitic sore has led to tetanus. I think it a very unlikely cause. The time in which traumatic tetanus causes death varies from twenty-four hours to three or four days, or longer. The shortest period that ever came to my knowledge was eight to ten hours. The disease, when once commenced, is continuous.
Did you ever know a case in which, a man was attacked one day, had twenty-four hours’ respite, and was then attacked the next day?—Never. I should say that such a case could not occur.
You have heard the account given by Mr. Jones of the death of the deceased,—were the symptoms there consistent with any forms of traumatic tetanus that has ever come under your observation?—No.
What distinguishes it from such cases?—The sudden onset of the disease. In all cases which have come under my notice, the disease was preceded by the milder symptoms of tetanus, gradually proceeding to the complete development.
Were the symptoms described by the woman Mills as being presented on the Monday night those of tetanus?—No; not of the tetanus of disease.
Assuming tetanus to be synonymous with convulsive or spasmodic action of the muscles, was there in that sense tetanus on the Monday night?—No doubt there was spasmodic action of the muscles.
There was not, in your opinion, either idiopathic or traumatic tetanus?—No.
Why are you of that opinion? The sudden onset of the spasms and their rapid subsidence are consistent with neither of the two forms of tetanus.
Is there not what is called hysteric tetanus?—Yes. It is rather hysteria combined with spasms, but it is sometimes called hysteric tetanus. I have known no instance of its proving fatal, or of it occurring to a man. Some poisons will produce tetanus. Nux vomica, acting through its poisons strychnia and bruchsia, poisons of a cognate character, produces that effect. I never saw a case of human life destroyed by strychnine.
Cross-examined by Mr. SerjeantShee: Irritation of the spinal cord or of the nerves proceeding to it might produce tetanus.
Do you agree with the opinion of Dr. Webster, in his lectures on the Principles and Practice of Physic, that in four cases out of five the disease begins with lockjaw?—I do.
Do you agree with Dr. Watson that all the symptoms of tetanic convulsions may arise from causes so slight as these;—the sticking of a fish-bone in the fauces, the air caused by a musket-shot, the stroke of a whip-lash under the eye, leaving the skin unbroken, the cutting of a corn, the biting of the finger by a favourite sparrow, the blow of a stick on the neck, the insertion of a seton, the extraction of a tooth, the injection of an hydrocele, and the operation of cutting?—Excepting the percussion of the air from a musketball, I think that all these causes may produce the symptoms referred to.
Do you remember reading of a case which occurred at Edinburgh, in which a negro servant lacerated his thumb by the fracture of a china dish, and was instantly, while the guests were at dinner, seized with tetanus?
TheAttorney-General, interposing before the witness replied: I have taken some pains to ascertain what that case is, and where it is got from.
Cross-examination continued; Could traumatic tetanus occur within so short a time as a quarter of an hour after the reception of an injury?—I know of no well-authenticated instance of the kind.
Did you inquire into this case which is mentioned in your own treatise—“A negro having scratched his thumb with a piece of broken china, was seized with tetanus, and in a quarter of an hour after this he was dead?”—I referred to authority as far as I could, but I did not find any reference to it except in Cyclopædias. When I wrote that book I was a young man 22 years of age. I have maturer judgment and greater experience now.
You say that no case of idiopathic tetanus has come under your notice?—None.
I dare say you will tell us that such cases are not so likely to come to the hospital as those of a wound ending in traumatic tetanus; they would more likely, in the first instance, to come under the notice of a physician than that of a surgeon?—Certainly.
By LordCampbell: I have read of cases of idiopathic tetanus in this country.
Mr. SerjeantShee: We shall be able to show that there have been such cases.
Cross-examination continued: Do you not know that very lately there was a case in the London Hospital, a case in which tetanus came on so rapidly and so unaccountably, that it was referred to strychnine, and it was thought necessary to examine the stomach of the patient?—I know that such an opinion was entertained before the history of the case was investigated. I have heard that no strychnine was found. In that case old syphilitic sores were discovered.
By LordCampbell: I did not see the patient, who was under the care of the house-surgeons, who are now in court.
Cross-examination continued: Might not the irritation of a syphilitic sore, by wet, cold, drink, mercury, and mental excitement, lead to tetanic symptoms?—I do not think that that is very likely. The irritation which is likely to produce tetanus is the sore being exposed to friction, to which syphilitic sores in the throat are not exposed. I should class tetanus arising from the irritation of a sore as “traumatic.” Cases very rarely occur which it is difficult to class as either “traumatic” or “idiopathic.” I should class tetanus arising from irritation of the intestines as “idiopathic.” The character of the spasms of epilepsy is not tetanic.
Not of the spasms; but are not the contractions of epilepsy sometimes continuous, so that the body may be twisted into various forms, and remain rigidly in them?—Not continuously.
For five or ten minutes together?—I think not.
Does it not frequently happen that general convulsions, no cause or trace of which in the form of disease or lesion is to be found in the body after death, occur in the most violent and spastic way, so as to exhibit appearances of tetanic convulsions?—No instance of the kind has come under my observation.
Do you agree with this opinion of Dr. Copeland, expressed in hisDictionary of Practical Medicine, under the head “General Convulsions.” “The abnormal contraction of the musclesis in some cases of the most violent and spastic nature, and frequently of some continuance, the relaxations being of brief duration, or scarcely observable, and in others nearly or altogether approaching to tetanic?”—I would rather speak from my own observation. I have not observed anything of the kind.
Does it not happen that a patient dies of convulsions, spastic in the sense of their being tumultuous and alternating, and chronic in the sense of exhibiting continuous rigidity, yet after death no disease is found?—It does not often happen to adults.
Does it sometimes?—I do not know, nor have I read of such a case. I have no hesitation in saying that people may die from tetanus and other diseases without the appearance of morbid symptoms after death.
Are not convulsions not, strictly speaking, tetanic, constantly preserved by retching, distention of the stomach, flatulence of the stomach and bowels, and other dyspeptic symptoms?—Such cases do not come under my observation as a hospital surgeon. I think it is very probable that general convulsions are accompanied by yelling. I don’t know that they frequently terminate fatally, and that the proximate cause of death is spasm of the respiratory muscles, inducing asphyxia.
Re-examined by theAttorney-General: These convulsions are easily distinguished from tetanus, because in them there is an entire loss of consciousness.
Is it one of the characteristic features of tetanus that the consciousness is not affected?—It is.
Dr.Todd, examined by theAttorney-General: I am physician at King’s College Hospital, and have held that office about twenty years. I have also lectured on physiology and anatomy, on tetanus and the diseases of the nervous system, and have published my lectures. I agree with the last witness in his distinction between idiopathic and traumatic tetanus. I have seen two cases of what appeared to me to be idiopathic tetanus, but such cases are rare in this country.
By LordCampbell: I define idiopathic tetanus to be that form of the disease which is produced without any external wound, apparently from internal causes—from a constitutional cause.
Examination resumed: In my opinion, the term “tetanus” ought not to be applied to disease produced by poisons; but I should call the symptoms tetanic, in order to distinguish the character of the convulsions. I have observed cases of traumatic tetanus. Except that in all such cases there is some lesion, the symptoms are precisely the same as those of idiopathic tetanus. The disease begins with stiffness about the jaw. The symptoms gradually develop themselves and extend to the muscles of the trunk.
When the disease has begun is there any intermission?—There are remissions, but they are not complete; only diminutions of the severity of the symptoms—not a total subsidence. The patient does not express himself as completely well, quite comfortable. I speak from my own experience.
What is the usual period that elapses between the commencement and the termination of the disease?—The cases may be divided into two classes. Acute cases will terminate in three or four days, chronic cases will go on as long as from nineteen to twenty-two or twenty-three days, and perhaps longer. I do not think that I have known a case in which death occurred within four days. Cases are reported in which it occurred in a shorter period. In tetanus the extremities are affected, but not so much as the trunk. Their affection is a late symptom. The locking of the jaw is an early one. Sometimes the convulsions of epilepsy assume somewhat of a tetanic character, but they are essentially distinct from tetanus. In epilepsy the patient always loses consciousness. Apoplexy never produces tetanic convulsions. Perhaps I might be allowed to say that when there is effusion of blood upon the brain, and a portion of the brain is involved, the muscles may be thrown into short tetanic convulsions. In such case the consciousness would be destroyed. Having heard described the symptoms attending the death of the deceased, and thepost-mortemexamination, I am of opinion that in this case there was neither apoplexy nor epilepsy.
TheAttorney-Generalsaid that, as Dr. Bamford was so unwell that it was doubtful whether he would be able to appear as a witness, he proposed to put in his deposition, in order to found upon it a question to the witness now under examination.
Dr.Toddand Dr.Tweediedeposed that they had seen Dr. Bamford on the previous day, and that he was then suffering from a severe attack of English cholera. He was too unwell to be able to attend and give evidence.
TheCourtruled that the depositions taken before the coroner might be read; and they were accordingly read by the Clerk of Arraigns. They were to the following effect:—
“I attended the late Mr. Cook at the request of Mr. William Palmer. I first saw him about three o’clock on Saturday, the 17th of November, when he was suffering from violent vomiting, the stomach being in that irritable state that it would not contain a teaspoonful of milk. There was perfect moisture of the skin, and he was quite sensible. I prescribed medicine for him, and Mr. Palmer went up to my house and waited till I had made it up, and then took it away. Iprescribed a saline medicine, to be taken in an effervescing state. Between seven and eight o’clock in the evening Mr. Palmer again requested me to visit Mr. Cook. The sickness still continued, everything being ejected which he took into his stomach. I gave him two pills as a slight opiate. Mr. Palmer took the pills from my house. I did not accompany him, nor do I know what became of the pills. On the following morning (Sunday) Mr. Palmer again called, and asked me to accompany him. Mr. Cook’s sickness still continued. I remained about ten minutes. Everything he took that morning was ejected from his stomach. Everything he threw up was as clear as water, except some coffee which he had taken. Mr Palmer had administered some pills before I saw Mr. Cook on Saturday, which had purged him several times. Between six and seven o’clock in the evening I again visited the deceased, accompanied by Mr. Palmer. The sickness still continued. I went on Monday morning, between eight and nine o’clock, and changed his medicine. I sent him a draught which relieved him from the sickness, and gave him ease. I did not see him again until Tuesday night, when Mr. Palmer called for me. I examined Mr. Cook in the presence of Mr. Jones and Mr. Palmer, and I observed a change in him. He was irritable and troubled in mind. His pulse was firm, but tremulous, and between 80 and 90. He threw himself down on the bed and turned his face away. He said he would have no more pills nor take any more medicine.”
“After they had left the room Mr. Palmer asked me to make two more pills similar to those on the previous night, which I did, and he then asked me to write the directions on a slip of paper; and I gave the pills to Mr. Palmer. The effervescing mixture contained twenty grains of carbonate of potash, two drachms of compound tincture of cardamine, and two drachms of simple syrup, together with fifteen grains of tartaric acid for each powder. I never gave Mr. Cook a grain of antimony. I did not see the preparations after they were taken away by Mr. Palmer. Mr. Cook did not say he had taken the pills which he had prepared, but he expressed a wish on Sunday and Monday nights to have the pills. His skin was moist, and there was not the least fever about him. When I saw the deceased on Monday he did not say that he had been ill on the Sunday night, but Mr. Palmer told me he had been ill. I considered death to have been the result of congestion of the brain when thepost-mortemexamination was made, and I do not see any reason to alter that opinion. I have attended other patients for Mr. Palmer. I attended Mrs. Palmer some days before her decease; also two children, and a gentleman from London, who was on a visit at Mr. Palmer’s house, and who did not live many hours after I was called in. The whole of those patients died. Mr. Palmer first made an application to me for a certificate of Mr. Cook’s death on the following Sunday morning, when I objected, saying, “He is your patient.” I cannot remember his reply; but he wished me to fill up the certificate, and I did so. We had no conversation at that time as to the cause of death—nothing more than the opinion I have expressed. Mr. Palmer said he was of the same opinion as myself with respect to the death of the deceased. I never knew apoplexy produce rigidity of the limbs. Drowsiness is a prelude to apoplexy. I attributed the sickness of the first two days to a disordered stomach. Mr. Cook never sent for me himself.”
The examination of Dr.Toddby theAttorney-Generalwas then proceeded with, as follows: Having heard the deposition of Dr. Bamford read, I do not believe that the deceased died from apoplexy, or from epilepsy. I never knew tetanus arise either from syphilitic sores or from sore throat. There are poisons which will produce tetanic convulsions. The principal of those poisons are nux vomica, strychnine, and bruccia. I have never seen human life destroyed by strychnine, but I have seen animals destroyed by it frequently. The poison is usually given in a largish dose in those cases, so as to put an end to the sufferings and destroy life as soon as possible. I should not like to give a human subject a quarter of a grain. I think that it is not unlikely that half a grain might destroy life; and I believe that a grain certainly would. I think that half a grain would kill a cat. The symptoms which would ensue upon the administration of strychnine, when given in solution—and I believe that poisons of that nature act more rapidly in a state of solution than in any other form—would develope themselves in ten minutes after it was taken, if the dose were a large one; if not so large, they might be half an hour, or an hour before they appeared. Those symptoms would be tetanic convulsions of the muscles—more especially those of the spine and neck; the head and back would be bent back, and the trunk would be bowed in a marked manner; the extremities, also, would be stiffened and jerked out. The stiffness, once set in, would never entirely disappear; but fresh paroxysms would set in, and the jerking rigidity would re-appear; and death would probably ensue in a quarter of an hour or so. The difference between tetanus produced by strychnine and other tetanus is very marked. In the former case the duration of the symptoms is very short, and, instead of being continuous in their development, they will subside if the dose has not been strong enough to produce death, and will be renewed in fresh paroxysms; whereas, in other descriptions of tetanus, the symptoms commence in a mild form, and become stronger and more violent as the disease progresses. The difficulty experienced in breathing is common alike to tetanus, properly so called, and to tetanic convulsions occasioned by strychnine, arising from the pressure upon the respiratory muscles. I think it is remarkable that the deceased was able to swallow, and that there was no fixing of the jaw, which would have been the case with tetanusproper, resulting either from a wound, or from disease. From all the evidence I have heard, I think that the symptoms which presented themselves in the case of Mr. Cook arose from tetanus produced by strychnine.
Cross examined by Mr.Grove, Q.C.—There are cases sloping into each other, as it were, of every grade and degree, from mild convulsions to violent tetantic spasms. I have published some lectures upon diseases of the brain, and I adhere to the opinion there expressed that the state of a person suffering from tetanus is identical with that which strychnine is capable of producing. In a pathological point of view, an examination of the spinal cord shortly after death, in investigating supposed deaths from strychnine, is important. The signs of decomposition, however, could be easily distinguished from the evidences of disease which existed previously to death; but it would be difficult to distinguish in such a case whether mere softening resulted from decomposition or from pre-existing disease. There is nothing in thepost-mortemexamination which leads me to think that deceased died from tetanus proper. I think that granules upon the spinal cord, such as I have heard described, would not be likely to cause tetanus. I have not heard of cases treated by Mr. Travers. In animals to which strychnine has been administered I cannot say that I have observed what you call an intolerance of touch; but by touching them the spasms are apt to be excited. That sensibility to touch continues as long as the operation of the poison continues. I have examined the interior of animals that have been killed by strychnine; but I have not observed in such cases that the right side of the heart was usually full of blood. It is some years since I made such an examination; but I am able, nevertheless, to speak positively as to the state of the heart. It was usually empty on both sides. I do not agree with Dr. Taylor, or other authorities, in the opinion that in cases of tetanus animals died asphyxiated. If they did, we should invariably have the right side of the heart full of blood, which is not the case. I think that the term asphyxiated, or suffocated, is often very loosely used. I know from my reading that morphia sometimes produces convulsions; but I believe that they would be of an epileptic character. I think that the symptoms from morphia would be longer deferred in making their appearance than from strychnine; but I cannot speak positively on the point. Morphia, like strychnine, is a vegetable poison. I have not observed in animals the jaw fixed after the administration of strychnine.
Re-examined by theAttorney-General.—Whatever may be the true theory as to the emptiness of the heart after strychnine, I should say that the heart is more ordinarily empty than filled after tetanus. I think that the heart would be more contracted after strychnine than in ordinary tetanus. I do not believe that a medical practitioner would have any difficulty in distinguishing between ordinary convulsions and tetanic convulsions. I have heard the evidence of the gentlemen who made thepost-mortemexamination, and I apprehend that there was nothing to prevent the discovery of disease in the spinal cord, had any existed previously to death.
SirBenjamin Brodie, examined by Mr.James, Q.C.: I have been for many years senior surgeon to St. George’s Hospital, and have had considerable experience as a surgeon. In the course of my practice I have had under my care many cases of death from tetanus. Death from idiopathic tetanus is, according to my experience, very rare in this country. The ordinary tetanus in this country is traumatic tetanus. I have heard the symptoms which accompanied the death of Mr. Cook, and I am of opinion that so far as there was a general contraction of the muscles they resembled those of traumatic tetanus; but as to the course those symptoms took, they were entirely different. I have attended to the detailed description of the attack suffered by Mr. Cook on the Monday night, its ceasing on Tuesday, and its renewal on Tuesday night. The symptoms of traumatic tetanus always begin, so far as I have seen, very gradually, the stiffness of the lower jaw being, I believe, invariably, the symptom first complained of—at least, so it has been in my experience. The contraction of the muscles of the back is always a later symptom—generally much later. The muscles of the extremities are affected in a much less degree than those of the neck and trunk, except in some cases where the injury has been in a limb, and an early symptom has been spasmodic contraction of the muscles of that limb. I do not myself recollect a case of ordinary tetanus in which occurred that contraction in the muscles of the hand which I understand was stated to have taken place in this instance. Again, ordinary tetanus rarely runs its course in less than two or three days, and often is protracted to a much longer period. I knew one case only in which the disease was said to have terminated in so short a time as 12 hours; but probably in that case the early symptoms had been overlooked. Again, I never knew the symptoms of ordinary tetanus to last for a few minutes, then subside, and then come on again after 24 hours. I think that these are the principal points of difference which I perceived between the symptoms of ordinary tetanus and those which I have heard described in this case. I have not witnessed tetanic convulsions from strychnine on animal life. I do not believe that death in the case of Mr. Cook arose from what we ordinarily call tetanus—either idiopathic ortraumatic. I never knew tetanus result from sore throat, or from a chancre, or from any other form of syphilitic disease. The symptoms were not the result either of apoplexy or of epilepsy. Perhaps I had better say at once that I never saw a case in which the symptoms that I have heard described here arose from any disease. (Sensation.) When I say that, of course I refer not to particular symptoms, but to the general course which the symptoms took.
Cross-examined by Mr. SerjeantShee: I believe I remember one case in the physicians’ ward of St. George’s Hospital, which was shown to me as a case of idiopathic tetanus, but I doubted whether it was tetanus at all. It was a slight case, and I do not remember the particulars.
Considering how rare cases of tetanus are, do you think that the description given by a chambermaid and a provincial medical man, who had never seen but one case, is sufficient to enable you to form an opinion as to the nature of the case?—I must say I thought that the description was very clearly given.
Supposing that they differed in their description, which would you rely upon—the medical man or the chambermaid?
BaronAlderson: This is hardly a question to put to a medical witness, although it may be a very proper observation for you to make.
Cross-examination continued: I never knew syphilitic poison produce tetanic convulsions, except in cases where there was disease of the bones of the head.
[Sir Benjamin Brodie gave his evidence with great clearness—slowly, audibly, and distinctly,—matters in which other medical witnesses would do well to emulate so distinguished an example.]
Dr.Daniell, examined by theAttorney-General: I was for many years surgeon to the Bristol Hospital, but have been out of practice for some time. In the course of a long practice I should think that I have seen at least thirty cases of tetanus. Two of those were certainly cases of idiopathic tetanus: one of them terminated fatally, the other did not. I quite agree with the other medical witnesses, that idiopathic tetanus is of very rare occurrence in this country. The only difference in the symptoms between idiopathic and traumatic tetanus that I perceived was, that the former were more modified—not so severe—in their character. I was not able to trace these two cases of idiopathic tetanus to any particular cause. I have heard the description given of the symptoms which accompanied the attack upon Mr. Cook before his death, and it appears to me that the circumstances of that attack are assuredly distinguishable from those which came under my experience in dealing with cases of tetanus. The evidence of Sir B. Brodie quite expresses my opinion with respect to the difference of the symptoms between ordinary tetanus and tetanic convulsions produced by strychnine. Tetanus begins with uneasiness in the lower jaw, followed by spasms of the muscles of the trunk, and most frequently extending to the muscles of the limbs. Lock-jaw is almost invariably a symptom of those cases of tetanus—of traumatic tetanus especially. I do not recollect that clinching of the hands is a usual symptom of ordinary tetanus, nor do I remember any twisting of the foot. I do not believe that any of the cases which came under my experience endured for a shorter time than from thirty to forty hours. I never knew a case of syphilitic sore producing tetanus. The symptoms, as they have been described, certainly cannot be referable to apoplexy or epilepsy. I never heard of such a thing. In all the cases of tetanus which came under my observation consciousness has been retained to the last, throughout the whole disease. The symptoms have never set in in their full power from the commencement, but have invariably commenced in a milder form, and have then gone on increasing, being continuous in their character, and without intermission. In my judgment the symptoms in the case of Mr. Cook could not be referred either to idiopathic or traumatic tetanus.
Cross-examined by Mr.Grove, Q.C.: I have not read Dr. Curling’s or Dr. Copeland’s books on the subject of tetanus; nor have I of late studied much the reported cases. I am not aware that excitement or irritation from vomiting has ever been given as the cause of tetanus. The main symptoms of tetanus are, in my opinion, always very similar, although the inferior symptoms may vary simply. I cannot undertake to say that the convulsions of tetanus arise from the spine. I do not like the term “asphyxia;” but I think that death from tetanic convulsions may probably arise from suffocation. It is many years since I saw apost mortemupon a case of tetanus. I cannot say whether, in the case of death from suffocation, the heart would be full of blood or the reverse. An examination of the spinal cord or marrow never, so far as I know, afforded evidence of the cause to which the tetanus was to be attributed.
Mr.Samuel Solly, surgeon of St. Thomas’s Hospital, examined by Mr.Welsby: I have been connected with St. Thomas’s Hospital, as lecturer and surgeon, for 28 years, and during that time I have seen many cases of tetanus. I have had six or seven under my own care, and I may have seen ten or fifteen more. Of those cases it was doubtful in one whether the disease was idiopathic or traumatic—the wound was so slight and thesymptoms so obscure, that it was difficult to decide which it was. The others were all decidedly traumatic cases. The shortest period that I recollect during which the disease lasted before it terminated in death, was 30 hours. The disease was always progressive in its character. I have heard the description given by the witnesses of Mr. Cook’s attacks, and they differ essentially from those cases which I have seen. In my experience of tetanus there has always been a marked expression of the countenance as the first symptom. It is a sort of grin, and so peculiar, that having once seen it you can never mistake it. In the symptoms that I heard detailed with regard to Mr. Cook, there were violent convulsions on Monday night, and on Tuesday the individual was entirely free from any discomfort about the face or jaw; whereas, in the cases under my notice, the disease was always continuous, and the fixedness of the jaw was the last symptom to disappear. In my judgment, the symptoms detailed in Mr. Cook’s case are referable neither to apoplexy, epilepsy, nor to any disease that I have ever witnessed.
Cross-examined by Mr. SerjeantShee: The sort of grin which I have described is known asrisus sardonicus. It is not common to all convulsions. Epilepsy is a disease of a convulsive character. I heard the account given by Mr. Jones of the last few minutes of Mr. Cook’s death—that he uttered a piercing shriek, and died after five or six minutes quietly. That last shriek and the paroxysm which accompanied it bear in some respects a resemblance to epilepsy. All convulsions which may be designated as of an epileptic character are not attended with an utter want of consciousness. Death from tetanus accompanied with convulsions seldom leaves any trace behind it; but death from convulsions arising from epilepsy does leave its trace in the shape of a slight effusion of blood on the brain, and a congestion of the vessels.
Re-examined by theAttorney-General: The convulsions of epilepsy are accompanied by a variety of symptoms. When a patient dies of epilepsy he dies perfectly unconscious and comatose. I never saw any case of convulsive disease at all like this. There are cases of convulsive disease which are similar to tetanus in their onset, but not in their progress. For example, laceration of the brain, a sudden injury to the spinal cord, and the irritation from teething in infants, will produce convulsions resulting in death; but there would be wanting the marked expression of the face which I have described, which I have never missed in cases of tetanus.
Mr.Henry Lee, surgeon to King’s College, and to the Lock Hospital, examined by Mr.Bodkin: The Lock Hospital is exclusively devoted to cases of a syphilitic character, and at present I see probably as many as 3,000 of those cases in the course of a year. I have never known an instance of that disease terminating in tetanus.
By theCourt: I have never seen or read of a case either of primary or secondary symptoms resulting in tetanus.
This witness was not cross-examined.
Dr.Henry Corbett, physician of Glasgow, examined by Mr.James, Q.C.: In September, 1845, I was medical clerk at the Glasgow Infirmary, and I remember a patient, named Agnes Sennett,aliasAgnes French, who died there on the 27th of September, 1845. It was stated that she had taken strychnine pills, which had been prepared for another patient in the ward, and the symptoms which accompanied her death were those of strychnine. The pills were for a paralytic patient. I saw her when she was under the influence of the poison, and I had seen her the day before that perfectly well. She had been admitted for a skin disease of the head. When I saw her after she had taken the poison she was in bed. The symptoms were these: There was a strong retraction of the mouth; the face was much suffused and red; the pupils of the eye were dilated; the head was bent back; the spine was curved; and the muscles were rigid and hard like a board; the arms were stretched out; the hands were clinched; and there were severe paroxysms recurring every few seconds. She died in about an hour and a-quarter after taking the pills. When I was called first the paroxysms did not last so long; but they increased in severity. According to the prescription there should have been a quarter of a grain of strychnine in each pill, and this woman had taken three. The paralytic patient was to have taken a pill each night, or one each night and morning, I forget which.
Cross-examined by Mr. SerjeantShee: The retraction of the mouth was continuous, but it was worse at times. I do not think that I observed it after death. The hands were not clinched after death—they were “semi-bent.” She died an hour-and-a-quarter after taking the medicine. The symptoms appeared about twenty minutes after. I tried to make her vomit with a feather, but failed. She only vomited partially after I had given her an emetic.
Re-examined by theAttorney-General: There was spasmodic action and grinding of the teeth. She could open her mouth and swallow. There was no lock-jaw or ordinary tetanus.
By Mr. SerjeantShee: I do not recollect that touching her sent her into paroxysms.
Dr.Watson, examined by theAttorney-General: I am a surgeon at the Glasgow Infirmary. I remember the case of Agnes Sennett. I was called in about a quarter of an hour after she was taken ill. She was in violent convulsions, and her arms were stretched out and rigid. The muscles of the body were also rigid; they were kept quiet by rigidity. She did not breathe, the muscles being kept still by tetanic rigidity. That paroxysm subsided, and fresh paroxysms came on after a short interval. She died in about half an hour. She seemedperfectly conscious. I don’t recollect the state of her hands. Her body was opened. The heart was found distended and stiff. The cavities of the heart were empty. My father published an account of the case.
Cross-examined by Mr.Grove: The spinal cord was quite healthy.
Dr.J. Patterson, examined by Mr.Welsby: In 1845 I was engaged in the laboratory of the Infirmary at Glasgow. I dispensed the prescriptions. I made up a prescription for a paralytic patient named M’Intyre. It consisted of pills which contained strychnine. There were four pills, and one grain of strychnine in the four.
BaronAlderson: Was there any noise made about their being taken by a wrong person?—Yes.
Mary Kelly, examined by Mr.Bodkin: In September, 1845, I was a patient in the Glasgow Infirmary; a paralytic patient was in the same ward, and I attended to her. There was also a patient named French or Sennett who was suffering from a sore head. She died. I was turning a wheel near the paralytic patient on the afternoon of the day Sennett died, for the purpose of applying something to her skin. There were some pills which she was to take near her. The paralytic woman took one and swallowed it according to the orders that had been given, and then handed the box to the girl with a sore head. The girl swallowed two of the pills, and then went and sat by the ward fire. She was taken ill in about three-quarters of an hour. She fell back on the floor, and I went for the nurse. We took her to bed and sent for the doctor. We were obliged to cut her clothes off, because she never moved. She was like a poker. I was by her side when she died. She never spoke after she fell down.
Cross-examined by Mr. SerjeantShee: It was three quarters of an hour from the time she took the pills till she was taken to the bed.
Caroline Hickson, examined by Mr.E. James: In October, 1848, I was nurse and lady’s maid in the family of Mr. Sarjantson Smyth. The family were then residing about two miles from Romsey. On the 30th of October Mrs. Smyth was unwell. We dealt with Mr. Jones, a druggist in Romsey. A prescription had been sent to him to be made up for Mrs Smyth. The medicine was brought back about six o’clock in the afternoon. It was a mixture in a bottle. My mistress took about half a wineglass of it the following morning, at five or ten minutes past seven o’clock. I left the room when I had given it her. Five or ten minutes afterwards I was alarmed by the ringing of her bell. I went into her room, and found her out of bed leaning upon a chair, in her night-dress. I thought she had fainted. She appeared to suffer from what I thought were spasms. I ran and sent the coachman for Mr. Taylor, the surgeon, and returned to her. Some of the other servants were there assisting her. She was lying on the floor. She screamed loudly, and her teeth were clinched. She asked to have her arms and legs held straight. I took hold of her arms and legs, which were very much drawn up. She still screamed, and was in great agony. She requested that water should be thrown over her, and I threw some. Her feet were turned inwards. I put a bottle of hot water to her feet, but that did not relax them. Shortly before she died she said she felt easier. The last words she uttered were—“Turn me over.” We did turn her over on the floor. She died a very few minutes after she had spoken those words. She died very quietly. She was quite conscious, and knew me during the whole time. About an hour and a quarter elapsed from the time I gave her the medicine till she died.
Cross-examined by Mr.Grove: She could not sit up from the time I went up to her till she died. It was when she was in a paroxysm that I endeavoured to straighten her limbs. The effect of cold water was to throw her into a paroxysm. It was a continually recurring attack, lasting about an hour or an hour and a quarter. Her teeth were clinched during the whole time.
Re-examined by theAttorney-General: The fit came on five or ten minutes after I gave her the medicine. She was stiff all the time till within a few minutes after death. She was conscious all the while.
Mr.Francis Taylor, examined by Mr.Welsby: I am a surgeon and apothecary at Romsey. I attended Mrs. Sarjantson Smyth in 1848. I was summoned to her house one morning soon after eight, and when I arrived I found her dead. The body was on the floor, near the bed. The hands were very much bent. The feet were contracted, and turned inwards. The soles of the feet were hollowed up, and the toes contracted, apparently from recent spasmodic action. The inner edge of each foot was turned up. There was a remarkable rigidity about the limbs.
By LordCampbell: The body was warm.
Examination continued: The eyelids were almost adherent to the eyeballs. The druggist who made up the prescription was named Jones. I made apost-mortemexamination three days after the death. The contraction of the feet continued, but it had gone off somewhat from the rest of the body. I found no trace of disease in the body. The heart was contracted and perfectly empty, as were all the large arteries leading from it. I analysed the medicine she had taken with another medical man. It contained a large quantity of strychnine. It originally contained nine grains, and she had taken one-third—three grains. I made a very casual examination of the stomach and bowels, as we had plenty of proof that poison had been taken without making use of tests.
Cross-examined by Mr. SerjeantShee: In cases of death from ordinary causes the body is much distorted. It does not generally, I should think, remain in the same position after death.
If the body is not laid out immediately, is it not stiffened by therigor mortis?—Probably it is. The ancles were tied by a bandage to keep them together. I commenced to open the body at the thorax and abdomen. The head was also opened.
Charles Blocksome, examined by Mr.Huddleston: I was apprentice to Mr. Jones, the chymist, at Romsey, in 1848. My master made a mistake in preparing a prescription for Mrs. Smyth. The mistake was the substitution of strychnine for salacite (bark of willow). He destroyed himself afterwards.
Jane Witham, examined by Mr.E. James: In March last I was in attendance upon a lady who died. (The learned counsel told the witness she had better not mention the lady’s name.) She took some medicine. After she took it she became ill. She complained first of her back. Her head was thrown back, her body stretched out, and I observed twichings. Her eyes were drawn aside and staring. I put my hand upon her limbs, which did not at all relax. She first complained of being ill in that way on Monday, the 25th of February, and died on Saturday, the 1st of March. She had attacks on the Monday, on the Wednesday, on the Thursday, on the Friday (a very slight one), and at a quarter-past eight o’clock on the Saturday morning. She died about twenty minutes to eleven that night. Between the attacks she was composed. She principally complained of prickings in the legs and twichings in the muscles and in the hands, which she said she could compare to nothing else than a galvanic shock. She wished her husband to rub her legs and arms. She was dead when Dr. Morley came.
Cross-examined by Mr. SerjeantShee: On the Saturday night she could not bear to have her legs touched when the spasms were strong upon her. Her limbs were rigidly extended when she asked to be rubbed. That was in the interval between the spasms. Touching her then brought on the spasms. Her body was stiff immediately after death, but I did not stay long in the house. On the Saturday she was sensible from half-an-hour to an hour, from a quarter past eight till after nine. I suppose she was insensible the remainder of the time. She did not speak.
Re-examined by Mr.E. James: On the Saturday before she died the symptoms were the same as on the other days—not more violent.
Mr.Morley, examined by Mr.Welsby: I am a surgeon. I attended on the lady to whom the last witness has alluded for about two months before her death. On the Monday before she died she was in bed apparently comfortable, when I observed (as I stood by her side) several slight convulsive twitchings of her arms. I supposed they arose from hysteria, and ordered medicine in consequence. The same symptoms were repeated on the following Wednesday or Thursday. I saw her on Saturday, the day she died. She was apparently better, and quite composed in the middle of the day. She complained of an attack she had had in the night. She spoke of pain and spasms in the back and neck, and of shocks. I and another medical man were sent for hastily on the Saturday night. We were met by the announcement that the lady was dead. On the Monday I accompanied another medical gentleman to thepost-mortemexamination. We found no disease in any part of the body which would account for death. There was no emaciation, wound, or sore. There was a peculiar expression of anxiety about the countenance. The hands were bent and the fingers curved. The feet were strongly arched. We carefully examined the stomach and its contents to see if we could find poison. We applied several tests—nitric acid, chloride of sulphuric acid, bi-chloride of potash in a liquid state, and also in a solid state. They are the best tests to detect the presence of strychnine. In each case we found appearances characteristic of strychnine. We administered the strychnine taken from the stomach to animals by inoculation. We gave it to a few mice, a few rabbits, and a guinea pig, having first separated it by chemical analysis. We observed in each of the animals more or less of the effects produced by strychnine—namely, general uneasiness, difficult breathing, convulsions of a tetanic kind, muscular rigidity, arching backwards of the head and neck, violent stretching out of the legs. These symptoms appeared in some of the animals in four or five minutes; in others in less than an hour. The guinea-pig suffered but slightly at first and was left, and found dead the next day. The symptoms were strongly marked in the rabbits. After death there was an interval of flaccidity, after which rigidity commenced, more than if it had been occasioned by the usualrigor mortis. I afterwards made numerous experiments on animals with exactly similar results, the poison being administered in a fluid form.
Cross-examined by Mr.Grove: I did not see the patient during a severe attack. I have observed in animals that spasms are brought on by touch. That is a very marked symptom. The spasm is like a galvanic shock. The patient was not at all insensible during the time I saw her, and she was able to swallow, but I did not see her during a severe attack. After death we found the lungs very much congested. There was a small quantity of bloody serum in the pericardium. The muscles of the whole body were darkand soft. There was a decided quantity of effusion in the brain. There was also a quantity of serum tinged with blood in the membranes of the spinal cord. The membranes of the spinal marrow were congested to a considerable extent. We opened the head first, and there was a good deal of blood flowing out. Part of the blood may have flowed from the heart. That might partially empty the heart, and would make it uncertain whether the heart was full or empty at the time of death. I have often examined the hearts of animals poisoned by strychnine. The right side of the heart is generally full. In some cases I think that the symptoms did not appear for an hour after the administration of the poison. I have made the experiments in conjunction with Mr. Nunneley. We have made experiments upon frogs, but they are different in many respects from warm-blooded animals. I have in almost all cases found the strychnine where it was known to have been administered. In one case it was doubtful. We were sure the strychnine had been administered in that case, but we doubted whether it had reached the stomach. There were appearances which might lead one to infer the presence of strychnine, but they were not satisfactory. I have detected strychnine in the stomach nearly two months after death, when decomposition has proceeded to a considerable extent.
Re-examined by theAttorney-General: From half a grain to a grain has been administered to cats, rabbits, and dogs. From one to two grains is quite sufficient to kill a dog.
How does the strychnine act? Is it taken up by the absorbents and carried into the system?—I think it acts upon the nerves, but a part may be taken into the blood and act through the blood. We generally examined the stomach of the animals when the poison had been administered internally. Sometimes we examined the skin. The poison found in the stomach would be in excess of that absorbed into the system.
Are you, then, of opinion that, a portion of the poison being taken into the system and a portion being left in the stomach, the portion taken into the system would produce tetanic symptoms and death?
Mr. SerjeantSheeobjected to a question which suggested a theory.
TheAttorney-General: What would be the operation of that portion of the poison which is taken into the system?—It would destroy life.
Mr. BaronAlderson: And yet leave an excess in the stomach?—That is my opinion.
TheAttorney-General: Would the excess remaining in the stomach produce no effect?—I am not sure that strychnine could lie in the stomach without acting prejudicially.
Suppose that aminimumquantity is administered, which, being absorbed into the system, destroys life, should you expect to find any in the stomach?—I should expect sometimes to fail in discovering it.
If death resulted from a series ofminimumdoses spread over several days, would the appearance of the body be different from that of one whose death had been caused by one dose?—I should connect the appearance of the body with the final struggle of the last day.
Would you expect a different set of phenomena in cases where death had taken place after a brief struggle, and in cases where the struggle had been protracted?—Certainly. At thepost-mortemexamination of which I have spoken we found fluid blood in the veins.
Mr. SerjeantShee: Is it your theory that in the action of poisoning the poison becomes absorbed, and ceases to exist as poison?—I have thought much upon that question, and have not formed a decided opinion, but I am inclined to think that it is so. A part may be absorbed and a part remain in the stomach unchanged.
Mr. SerjeantShee: What chemical reason can you give for your opinion that strychnine, after having effected the operation of poisoning, ceases to be strychnine in the blood?—My opinion rests upon the general principle that, in acting upon living bodies, organic substances—such as food and medicine—are generally changed in their composition.