The case then stands thus:—Here is a man overwhelmed with pecuniary difficulties, obliged to resort to the desperate expedient of forging acceptances to raise money, hoping to meet them by the proceeds of the insurances he had effected upon a life. Disappointed in that expectation by the board; told by the gentleman through whom the bills had been discounted, “You must trifle with me no longer—if you cannot find money, writs will be served on you;” Cook’s name forged to an endorsement for £375; ruin staring him in the face—you, gentlemen, must say whether he had not sufficient inducement to commit the crime. He seems to have had a further object. No sooner is the breath out of the dead man’s body than he says to Jones, “I had a claim of £3,000 or £4,000 against him on account of bills.” Besides, he believed that Cook had more property than it turns out he really had. The valuable mare, Pole Star, belonged to him when the assignment had been paid off, and Palmer would have been glad to obtain possession of her. The fact, too, that Cook was mixed up in the insurance of Bates may lead one to surmise that he was in possession of secrets relating to the desperate expedients to whichthis man has resorted to obtain money. I will leave you to say whether this combination of motives may not have led to the crime with which he is charged. This you will only have to consider, supposing the case to be balanced between probabilities; but if you believe the evidence that will be given as to what took place on the Monday and the Tuesday—if you believe the paroxysms of the Monday, the mortal agony of the Tuesday—I shall show that things were administered, on both those days, by the hand of Palmer, by a degree of evidence almost amounting to certainty.
The body was submitted to a careful analysis, and I am bound to say that no trace of strychnine was found. But I am told that, although the presence of strychnine may be detected by certain tests, and although indications of its presence lead irresistibly to the conclusion that it has been administered, the converse of that proposition does not hold. Sometimes it is found, at other times it is not. It depends upon circumstances. A most minute dose will destroy life, from half to three-quarters of a grain will lay the strongest man prostrate. But in order to produce that fatal effect it must be absorbed into the system, and the absorption takes place in a greater or less period according to the manner in which the poison is presented to the surfaces with which it comes in contact. If it is in a fluid form it is rapidly taken up and soon produces the effect; if not, it requires to be absorbed, and the effects are a longer time in showing themselves. But in either case there is a difficulty in discovering its presence. If it acts only on the nervous system through the circulation, an almost infinitesimal dose will be present. And, as it is a vegetable poison, the tests which alone can be employed are infinitely more delicate and difficult than those which are applied to other poisons. It is unlike a mineral poison, which can soon be detected and reproduced. If the dose has been a large one death ensues before the whole has been absorbed, and a portion is left in the intestines; but if aminimumdose has been administered a different consequence follows, and the whole is absorbed. Practical experience bears out the theory that I am enunciating. Experiments have been tried which show that where the same amount of poison has been administered to animals of the same species death will ensue in the same number of minutes, accompanied by precisely the same kinds of symptoms; while in the analysis afterwards made, the presence of poison will be detected in one case and not in another. It has been repeated over and over again that the scientific men employed in this case had come to the conclusion that the presence of strychnine cannot be detected by any tests known to science. They have been grievously misunderstood. They never made any such assertion. What they have asserted is this—the detection of its presence, where its administration is a matter of certainty, is a matter of the greatest uncertainty. It would, indeed, be a fatal thing to sanction the notion that strychnine, administered for the purpose of taking away life, cannot afterwards be detected! Lamentable enough is the uncertainty of detection! Happily, Providence, which has placed this fatal agent at the disposition of man, has marked its effects with characteristic symptoms distinguishable from those of all other agents by the eye of science.
It will be for you to say whether the testimony that will be laid before you with regard to those symptoms does not lead your mind to the conclusion that the deceased came to his death by poison administered to him by the prisoner. There is a circumstance which throws great light upon this part of the case. Some days before his death the man was constantly vomiting. The analysis made of his body failed to produce evidence of the presence of strychnine, but did not fail to produce evidence of the presence of antimony. Now, antimony was not administered by the medical men, and unless taken in a considerable quantity it produces no effect and is perfectly soluble. It is an irritant, which produces exactly the symptoms which were produced in this case. The man was sick for a week, and antimony was found in his body afterwards. For what purpose can it have been administered? It may be that the original intention was to destroy him by means of antimony—it may be that the only object was to bring about an appearance of disease so as to account for death. One is lost in speculation. But the question is whether you have any doubt that strychnine was administered on the Monday, and still more on the Tuesday when death ensued? And if you are satisfied with the evidence that will be adduced on that point, you must then determine whether it was not administered by the prisoner’s hand. I shall produce testimony before you in proof of the statements I have made, which I am afraid must occupy some considerable portion of your time; but in such an inquiry time cannot be wasted, and I am sure you will give it your most patient attention. I have the satisfaction of knowing that the prisoner will be defended by one of the most eloquent and able men who ever adorned the bar of this country or any other forum, and that everything will be done for him that can be done. If in the end all should fail in satisfying you of his guilt, in God’s name let not the innocent suffer! If, on the other hand, the facts that will be presented to you should lead you to the conclusion that he is guilty, the best interests of society demand his conviction.
The opening address of the Attorney-General occupied upwards of four hours in its delivery. At its conclusion (at a quarter past 2 o’clock) the jury retired for a short time for refreshment, and upon their return the following witnesses were called in support of the prosecution:—
Ismael Fisher, examined by Mr.E. James: I am a wine merchant at 4 Victoria-street, City. I am in the habit of attending races and betting. I knew John Parsons Cook. I had known him for about two years before his death. I was at Shrewsbury races in November, 1855. I remember the Shrewsbury Handicap. It was won by the mare called Polestar, the property of Cook. It took place on Tuesday, November the 13th. I saw Cook upon the course. He looked as well as he had looked at any time since I had known him. I was stopping at the Raven Hotel at Shrewsbury. I know Palmer (the prisoner) very well. I have known him rather more than two years. Cook and Palmer were stopping at the same hotel, and occupied a room separated from mine only by a wooden partition. It was a sitting room, and they occupied it jointly. On the Wednesday night, between 11 and 12 o’clock, I went into the sitting-room. I found there Cook, Palmer, and Mr. Myatt, a saddler at Rugeley, a friend of Palmer’s. They had grog before them. I was asked to sit down by Cook, and I sat down. Cook asked Palmer to have some more brandy-and-water. Palmer said, “I will not have any more till you have drunk yours.” Cook said, “Then I will drink mine.” He took up his glass and drank the grog off immediately. He said within a minute afterwards, “There is something in it; it burns my throat dreadfully.” Palmer then got up, took the glass, sipped up what was left in it, and said, “There is nothing in it.” There was not more than a teaspoonful in the glass when he emptied it. In the mean time Mr. Read had come in. Palmer handed the glass to Read and to me, and asked if we thought there was anything in it. We both said the glass was so empty that we could not recognise anything. I said I thought there was rather a strong scent upon it, but I could not say it arose from anything but brandy.
LordCampbell: Did you put your lips to it?
Witness: I did not. It was completely drained. Within ten minutes I retired. Cook had left the room, and then came back and called me from it. We went to my own sitting room. He there told me he was very ill and very sick, and asked me to take his money.
Mr.E. James: Did he state what he was suffering from?
Mr. SerjeantSheeobjected to this question.
LordCampbell: Surely his statement of the effect produced on him by what he had just swallowed is admissible.
Witness: He said he was very sick, and he thought “that d—— Palmer” had dosed him. He handed me over some money, between £700 and £800, in bank notes, to take care of. He did not sleep in the same room with Palmer. He was seized with vomiting after he had given me the money, and left the room. He afterwards came back to my room, and again complained of what he had been suffering. He asked me to go to his bedroom. I went with him. Mr. Jones, a law-stationer, went with me. He then vomited again violently, and was so ill that I sent for a doctor—Mr. Gibson, who came about half-past twelve or a quarter to one. I remained with Cook till two o’clock. I sent for Mr. Gibson a second time, and he sent some medicine, which Cook took. After seeing the doctor and taking the medicine he became more composed. Mr. Jones and I gave him the medicine. Next morning, about ten o’clock, I saw Palmer. I found him in my sitting-room when I came down stairs; he said, “Cook has been stating that I gave him something in his brandy. I never play such tricks with people. But I can tell you what he was. He was d——d drunk.” I should say Cook was certainly not drunk.
LordCampbell: Was he affected by liquor?
Witness: Not at all approaching drunkenness, my lord. Cook came into my bedroom before I was up the same morning. He was much better, but still looked ill. I gave him back his money. About three o’clock on that day (Thursday) I saw Cook on the race-course. He looked very ill. I had always settled Cook’s bets for him when he did not settle them himself. I saw his betting-book in his hand. It was dark in colour, and about half the size of this. (The witness here produced a small black pocketbook). On the 17th of November (Saturday), by Cook’s request, I paid Pratt £200. His account, in the ordinary course, would have been settled at Tattersall’s on Monday, the 19th. I advanced the £200 to pay Pratt. I knew that Cook had won at Shrewsbury, and I should have been entitled to deduct that £200 from his winnings, if I had settled his account at Tattersall’s. I did not settle that account, and I have not been paid my advance.
Cross-examined by Mr. SerjeantShee.—I had known Cook about two years, and Palmer longer. They were a good deal connected in racing transactions.
Do you know that they were partners?—I don’t remember settling any transactions in which they were jointly interested, and I don’t know that they owned horses jointly. They appeared very intimate and were much together, generally staying at the same hotels. I was not at the Worcester meeting. I don’t know whether Palmer won at Shrewsbury as well as Cook. The races began on the Tuesday about 2 o’clock. Polestar ran about an hour afterwards, but I cannot tell the exact time. I saw Cook on the course after the race, and he appeared much elated. Polestar won easily. In the evening, when I went into the sitting-room, there was a candle on the table. A glass was ordered for me when I sat down. I don’t remember drinking anything, but I cannot swear that I didnot. I am a good judge of brandy by the smell. I said there was nothing particular in the smell, but the glass was so completely drained, that there was very little to smell. I counted the money Cook gave me. I had been at the Unicorn that evening quite an hour before. I dined at the Raven about 6 o’clock. I did not see Cook after the race on the Wednesday, till I saw him at the Unicorn, between 9 and 10 o’clock in the evening. I merely looked into the room. I saw Sandars, the trainer, Cook, Palmer, and a lady. I can’t say whether they were drinking.
Did it happen that a good many people were ill on that Wednesday at Shrewsbury—I mean people connected with the races? No. I don’t know that there were. On the Wednesday it was damp underfoot, but I forget whether it rained. I saw Cook several times on the course. On the Thursday the weather was cold and damp. I don’t know that Cook and Palmer breakfasted together on the Thursday morning. On the 17th of November I received a letter from Cook. [The letter was read. It was dated, “Rugeley, Nov. the 16th,” and in it Cook said it was of very great importance to Palmer and to himself that £500 should be paid to Pratt on the next day, that £300 should be sent, and he would be greatly obliged if Fisher would pay the other £200 immediately on receipt of the letter, promising to give it him back on the following Monday at Tattersall’s. He added that he was much better.]
Re-examined by theAttorney-General: I never intended to say that Cook and Palmer were partners.
Did you notice any change of feeling on the part of Cook towards Palmer?—He never had any great respect for Palmer, but I did notice a change in him. It was a handicap race that Polestar won. Palmer had a horse called Chicken, which ran on the Thursday and lost. He had betted upon the race. Cook was not more elated at winning than people usually are. I am not sure that I drank any brandy-and-water while I was staying at the Raven.
Thomas Jones, examined by Mr.Welsby, said: I am a law stationer in Carey-street, London. I was at Shrewsbury races last November, and I lodged at the Raven. I arrived there on a Monday night. I supped with Cook, Herring, Fisher and Gravatt. Cook appeared well. I saw him on the Tuesday and Wednesday, and he then also seemed quite well. Fisher and I went to the Raven between eleven and twelve o’clock on Wednesday night. Read was there, and he invited Cook into my room. Palmer was also there. After the party broke up, Fisher came and told me something about Cook, in consequence of which I went with him to Cook’s bedroom. He complained of something burning at his throat and of vomiting. Some medicine was brought,—pills and a draught. Cook refused to take the pills. I then went to the doctor’s and got some liquid medicine, and gave him a small quantity in a wineglass. He was in bed. About a quarter of an hour afterwards he took the pills also, and I left him. Between six and seven o’clock next morning I saw him again. He said he felt easier and better. He looked pale.
This witness was not cross-examined.
George Read, examined by Mr.Bodkin: I live in Victoria-street, near Farringdon-market. I keep a house frequented by sporting characters. I am acquainted with Palmer. I saw him at Shrewsbury races on Tuesday, as well as Cook. He appeared to be in his usual health. I saw him also the next day, and he was apparently in the same health. I stayed at the Raven. On the Wednesday night I went between eleven and twelve into the room in which were Palmer and Cook. There was more than one gentleman in the room. I had some brandy-and-water there. I saw that Cook was in pain almost immediately after I entered. He said to us there is something in the brandy-and-water. Palmer handed me the glass after it had been emptied. I said, “What is the use of examining a glass which is empty?” I believe Cook left the room. I did not see him again. I saw him on the following morning at eleven o’clock. He was in his sitting-room. He said in my hearing that he was very ill.
Cross-examined: On Tuesday he was as well as usual. He never looked a strong man, but one having delicate health. He was not in the habit of complaining of ill-health.
By theCourt: I had some of the brandy-and-water, and it did not make me ill.
Re-examined by theAttorney-General: My brandy was taken from another decanter, which was sent for when I went in. Cook appeared to be a delicate man, but I never knew anything to be the matter with him. He frequented races everywhere. I never knew him prevented by illness from going to races.
William Scaife Gibson: I am assistant to Mr. Heathcote, surgeon, of Shrewsbury. On the 14th of November last I was sent for, and went to the Railway Hotel, Shrewsbury, between twelve and one o’clock at night. I saw Mr Cook there. He was in his bedroom, but not in bed. He complained of pain in his stomach, and heat in his throat. He also said he thought he had been poisoned. I felt his pulse and looked at his tongue, which was perfectly clean. He appeared much distended about the abdomen. I recommended an emetic. He said that he could make himself sick with warm water. I sent the waitress for some. She brought about a pint. I recommended him to use a feather. He said he could do it with the handle of a toothbrush. He drank all the warm water. Having used the toothbrush he was sick. I examined the vomit; it was perfectly clear. I then told him I would send him somemedicine. I sent him two pills and a draught. The pills were a compound rhubarb pill and a three-grain calomel pill. They were ordered to be taken immediately, and the draught, which was sennica—a compound of senna, magnesia, and aromatic spirit—was to be taken twenty minutes afterwards. It was what is called a black draught. Half an hour afterwards I gave to Jones, for Cook, an anodyne draught. I did not see Cook afterwards.
Cross-examined by Mr. SerjeantShee: Did you form any opinion as to what was the matter with Cook?—I treated it as a case of poisoning.
Did you observe anything in the vomit which led you to believe he had been poisoned?—Nothing at all.
Did he appear to have been drinking?—He appeared to be a little excited, but he was quite sensible what he was doing and saying.
By “excited” do you mean to say he was tipsy?—No; but his brain had been stimulated with brandy-and-water. The idea of having taken poison would have some effect upon it.
In your judgment, was what you had prescribed a good thing, supposing Cook had taken poison?—According to the symptoms, I should say it was.
Would it not have been better to get the poison up at once, if possible?—He threw up the warm water.
LordCampbell: Did that cleanse the stomach?—Yes.
Cross-examination continued: Yet you thought calomel necessary?—Yes; on account of the distended state of the bowels.
Did you see anything like bile in the basin?—There was some on the edge of the basin, but it must have been thrown up before he took the warm water.
Re-examined by theAttorney-General: The piece of bile was about the size of a pea? The water thrown up was perfectly clean. Cook’s tongue was quite clean.
Is that usual in the case of a bilious attack?—If the stomach had been wrong any length of time the tongue would have been discoloured.
Elizabeth Millsexamined by Mr.James: In November last I was chambermaid at the Talbot Arms, Rugeley. I had been so about two years. I knew the prisoner Palmer, who was in the habit of coming to the Talbot Arms. I also knew Cook, the deceased. On Thursday, the 15th of November, he came to the Talbot Arms. He came between nine and ten o’clock at night. The prisoner was with him. They came in a fly. Cook went to bed at half-past ten o’clock. When Cook arrived he said he had been poorly, and was poorly then. I don’t remember seeing Palmer after he got out of the fly. About twelve o’clock on the following day I took Cook some hot water, and he went out about one o’clock. He then appeared poorly. He said he felt no worse, but was not well. He returned about ten o’clock in the evening. In about half an hour he went to bed. I asked him if he felt any worse than when he went out in the morning. He said he did not. He said that he had been dining with Palmer. He was perfectly sober. He asked me for an extra piece of candle to read by. I saw no more of him that night. On Saturday morning, about eight o’clock, I saw Palmer at the Talbot Arms. I do not know whether Cook had sent for him. Palmer ordered from me a cup of coffee for Cook. I gave it to Cook in the bedroom. I believe Palmer was then in the room. I left the coffee in Cook’s hands, but did not see him drink it. Afterwards I went upstairs, and found the coffee in the chamber utensil. That might be an hour, or it might be a couple of hours after I had taken up the coffee. The utensil was on the table by the side of the bed. I do not remember that I spoke to Palmer, nor he to me, about this. I did not see any toast and water in the bed-room; but a jug, not belonging to the inn, was about ten o’clock in the evening sent down for some fresh toast-and-water. The waitress, Lavinia Barnes, brought it down. I am sure the jug, which was brought down from Cook’s room, did not belong to the Talbot Arms. I saw Palmer go in and out of Cook’s room, perhaps, four or five times on that Saturday. I heard Palmer tell Cook that he would send him over some broth. I saw some broth in the kitchen, which some person had brought there ready made. After Barnes had taken some broth up, ten minutes or a quarter of an hour after the broth came over, I met Palmer going upstairs towards Cook’s room. He asked if Mr. Cook had had his broth? I told him I was not aware that any had come for him. While I was speaking, Lavinia Barnes came out of the commercial-room, and said she had taken the broth up to Cook when it came, but that he refused to take it, saying it would not stay on his stomach. Palmer said that I must go and fetch the broth; he (Cook) must have it. I fetched the broth and took it into Cook’s room. Palmer was there. I cannot say whether it was to him or Cook that I gave the broth, but I left it there. I am sure that this was some of the broth which had been sent in. Some time afterwards (about an hour or two), I went up to Cook’s room again, and found that the broth had been vomited. About six o’clock in the evening, some barley-water was made for Cook. I took it up to him. I cannot say whether Palmer was with him. I cannot say whether or not that barley-water stayed upon Cook’s stomach. At eight o’clock in the evening some arrowroot was made in the kitchen. I took it upto Cook. I cannot say whether Palmer was there, nor can I remember whether the arrowroot remained on Cook’s stomach.
On Saturday, about three o’clock in the afternoon, I saw Mr. Bamford, the surgeon. On Sunday morning I went to Mr. Cook’s room, about seven or eight o’clock. Mr. Smith, called “Jerry Smith,” slept in Mr. Cook’s room during Saturday night. He is a friend of the prisoner Palmer. I asked Cook if he was any worse? He said he felt pretty comfortable, and had slept well since twelve o’clock. On Sunday more broth, a large breakfast-cup full, was brought over for Cook. That was between twelve and one o’clock. I believe Charles Horley brought it. I took some of that broth up to Cook’s room in the same cup in which it was brought. It was hot. I tasted it. I drank about two tablespoonfuls. In about half-an-hour or an hour I was sick. I vomited violently during the whole afternoon till about 5 o’clock. I was obliged to go to bed. I vomited a great many times. During the morning I had felt perfectly well, and had not taken anything that could disagree with me. It was before dinner that I took the broth. I went down to work again about a quarter before 6 o’clock. On the Sunday evening I saw Mr. Cook; he did not appear to be any worse. He seemed to be in good spirits. The illness seemed to be confined to vomitings after taking food. On Sunday night I saw Cook last about 10 o’clock. On Monday morning I saw him between 7 and 8 o’clock, when I took up to him a cup of coffee. I did not remain to see him drink it. He did not vomit it. Palmer was coming down stairs, as though from Cook’s room, about 7 o’clock. To my knowledge Palmer was not there, on Monday. Cook got up about 1 o’clock, and appeared to be a great deal better. He shaved, washed, and dressed himself. He said he felt better, only exceedingly weak. He dressed as if he was going out. Ashmall the jockey, and his brother, and Saunders the trainer, came to see him. As soon as he got up I gave him some arrowroot, which remained on his stomach. He sat up until about 4 o’clock, when he returned to bed. Between 9 and 10 o’clock at night I saw Palmer. He was sitting down in Cook’s room. I saw Cook about half-past 10 o’clock, and not again until about a quarter before 12 o’clock. On the Monday night, about 8 o’clock, a pill-box wrapped in white paper was brought from Mr. Bamford’s. It was given to me by Miss Bond, the housekeeper, to take up to Cook’s room. I took it up and placed the box on the dressing-table. That was before Palmer came. When I saw Palmer he was sitting by the fire in Cook’s room. I went to bed between 10 and 11 o’clock. About eight or ten minutes before 12 o’clock the waitress, Lavinia Barnes, called me up. While I was dressing I twice heard screams from Cook’s room. My room is above, but not immediately over Cook’s. I went down to Cook’s room. As soon as I entered the room I saw him sitting up in bed. He desired me to fetch Palmer directly. I told him Palmer was sent for, and walked to his bedside. I found the pillow upon the floor. There was one mould candle burning in the room. I picked up the pillow, and asked Cook if he would lay his head down. He was sitting up, beating the bedclothes with both his hands and arms, which were stretched out. When I asked him to lay his head down, he said, “I can’t lie down; I shall be suffocated if I lie down. Oh, fetch Mr. Palmer!” The last words he said very loud. I did not observe his legs, but there was a sort of jumping or jerking about his head and neck, and his body. Sometimes he would throw back his head upon the pillow, and then raise it up again. He had much difficulty in breathing. The balls of his eyes projected very much. He screamed again three or four times while I was in the room. He was moving and knocking about all the time. Twice he called aloud, “Murder!” He asked me to rub one hand. I found it stiff. It was the left hand.
By theCourt.—It was stretched out. It did not move. The hand was about half shut. All the upper part seemed to be stiff.
Examination resumed.—I did not rub it long. As soon as he thought I had rubbed it sufficiently he thanked me, and I left off. Palmer was there while I was rubbing the hand. While I was rubbing it the arm and also the body seemed to twitch. Cook was perfectly conscious. When Palmer came in he recognized him. He was throwing himself about the bed, and said to Palmer, “Oh, doctor, I shall die.” Palmer replied, “Oh, my lad, you won’t!” Palmer just looked at Cook, and then left the room, asking me to stay by the bedside. In about two or three minutes he returned. He brought with him some pills. He gave Cook a draught in a wineglass, but I cannot say whether he brought that with him. He first gave the pills, and then the draught. Cook said the pills stuck in his throat, and he could not swallow them. Palmer desired me to give him a teaspoonful of toast-and-water, and I did so. His body was still jerking and jumping. When I put the spoon to his mouth he snapped at it and got it fast between his teeth, and seemed to bite it very hard. In snapping at the spoon he threw forward his head and neck. He swallowed the toast-and-water, and with it the pills. Palmer then handed him a draught in a wineglass, which was about three parts full. It was a dark, thick, heavy-looking liquid. Cook drank this. He snapped at the glass as he had done at the spoon. He seemed as though he could not exactly control himself. He swallowed the draught, but vomited itimmediately into the chamber utensil. I supported his forehead. The vomit smelt like opium. Palmer said he hoped either that the pills had stayed on his stomach or had not returned. He searched for the pills in the vomit with a quill. He said, “I can’t find the pills,” and he then desired me to take the utensil away, and pour the contents out carefully to see if I could find the pills. I did so, and brought back the utensil, and told him I could not see the pills at all. Cook afterwards seemed to be more easy. That was about half an hour or more after I had first gone into the room. During the whole of that time he appeared to be quite conscious. When Cook was lying more quiet he desired Palmer to come and feel how his heart beat, or something of that sort. Palmer went to the bedside, and pressed his hand, I cannot say whether to the heart or to the side of the face, but he said it was all right. I left Cook about 3 o’clock in the morning. He was not asleep, but appeared to be dozing. Palmer was sitting in the easy chair, and I believe he was asleep. I went into the next room and laid down. About 6 o’clock I saw Cook again. I asked if Palmer had gone, and Cook said he left at a quarter before 5 o’clock. I asked if he felt any worse, and he said, no, he had been no worse since I left him. I said, “You were asleep when I left.” He replied, “No, I heard you go.” He asked me if I had ever seen any one suffer such agony as he did last night? I said, no, I never had. He said he should think I should not like to see any one like it again. I said, “What do you think was the cause of all that agony?” He said, “The pills which Palmer gave me at half-past 10.” I do not think anything more was said. I asked him if he would take anything, and he said, “No.”
I do not remember seeing Palmer on that day (Tuesday) until he was sent for. On that morning Cook seemed quite composed and quiet, but his eyes looked wild. There was no motion about the body. About twelve o’clock at noon he rang his bell, and desired me to send the “boots” over to Palmer to ask if he might have a cup of coffee. Boots returned and said he might, and Palmer would be over immediately. I took the coffee up to Cook a little after twelve o’clock. Palmer was then in Cook’s room. I gave the coffee to Palmer. He tasted it to see whether it was too strong, and I left the room. Mr. Jones arrived by the three o’clock train from Lutterworth. I saw him in Cook’s room. About four o’clock I took Cook another cup of coffee. I cannot say whether Palmer was there. Afterwards I saw Palmer. He opened the bed-room door and gave me the chamber utensil, saying that Cook had vomited the coffee. There was coffee in the utensil. I saw Cook several times before I went to bed. He appeared to be in very good spirits, and talked about getting up next morning. He said he would have the barber sent for to shave him. I believe I gave him some arrowroot. I did not see him later than half-past ten. Palmer was with him when I last saw him. I gave Palmer some toast-and-water for Cook at the door. Palmer then said to Cook, “Can this good girl do anything more for you to-night?” Cook said, “No; I shall want nothing more till morning.” He spoke in a composed and cheerful manner. I remained in the kitchen all night, to see how Cook went on, and did not go to sleep. About ten minutes before twelve o’clock the bell of Cook’s room was rung violently. Jones was sleeping in a second bed in the same room. On hearing the bell I went up to Cook’s room. Cook was sitting up. I think Jones was supporting him, with his arms round his shoulders. Cook said, “Oh, Mary, fetch Mr. Palmer directly.” I went to Palmer’s, and rang the surgery bell. As soon as I had rung I stepped off the steps to look at Palmer’s bed-room window, where I expected him to appear, and he was there. He did not lift up the sash, but opened a small casement and spoke to me. I could not see whether he was dressed, but I heard and knew his voice. I asked him to come over to Mr. Cook directly, as he was much the same as he had been the night before. I don’t remember what he replied. I went back to the hotel, and in two or three minutes Palmer came. I was then in the bed-room. Jones was there supporting Cook. Palmer said he had never dressed so quickly in his life.
The question which elicited this answer was, “Did Palmer make any remark about his dress?” After the answer had been given,
Mr. SerjeantSheeobjected to the form in which the question had been put.
LordCampbell: It seems to me that the examination is conducted with perfect fairness. No leading question, nor any one which could be considered doubtful, has been put to the witness.
Examination continued: I left the room, but remained on the landing. After I had been waiting there a short time (about a minute or two) Palmer came out. I said, “He is much the same as last night.” Palmer said, “Oh, he is not so ill by a fiftieth part.” He then went down stairs as though going to his own house. He was absent but a very short time, and then returned to Cook’s room. I also went in. I believe Cook said, “Turn me over on my right side.” I was then outside, but the door was open. I do not think that I was in the room at the time he died. I went in just before, but came out again. Jones was there at the time, and had his right arm under Cook’s head. Palmer was then feeling Cook’s pulse, and said to Jones, “Hispulse is gone.” Jones pressed the side of his face to Cook’s heart, lifted up his hands, but did not speak. Palmer asked me to fetch Mr. Bamford, and I went for him. Cook’s death occurred about three-quarters of an hour after I had been called up. Mr. Bamford came over. I did not return to Cook’s room. When Mr. Bamford came down stairs he said, “He is dead: he was dead when I arrived.” After Mr. Bamford had gone I went up to the landing, and sat upon the stairs. I had sat there about ten minutes when Jones came out of the room, and said, “Mr. Palmer wants you,” or “Will you go into the room?” I went into the room where Cook was lying dead. Palmer was there. I said to him, “It is not possible that Mr. Cook is dead?” He said, “Oh yes, he is dead.” He asked me who I thought would come and lay him out. I mentioned two women whom I thought Palmer knew. He said, “Those are just the women.” I said, “Shall I fetch them?” and he said, “Yes.” I had seen a betting-book in Cook’s room. It was a dark book, with gold bands round the edges. It was not a very large book, rather more long than square, and had a clasp at one end. I saw Cook have this book when he stopped at Talbot Arms, as he went to the Liverpool races, some months before. There was a case at the one side containing a pencil. I saw the book in Cook’s room on Monday night. I took it off the dressing-table and gave it to him in bed. He asked me to give him the book, pen, and ink, and some paper. I gave him all. That was between seven and eight o’clock. He took a postage stamp from a pocket at one end of the book. I replaced the book on the frame of the looking-glass on the dressing-table. Palmer was in the room after that time. To my knowledge I never saw the book afterwards. I afterwards searched the room for it, but could not find it. When I went into the room after Cook’s death, the clothes he had worn were lying on a chair. I saw Palmer searching the pockets of the coat. That was about ten minutes after the death. When I went into the room Palmer had in his hand, searching the pockets, the coat which I had seen Cook wear. Palmer also searched under the pillow and bolster. I saw two or three letters lying upon the chimney-piece. I never saw them again, but I was not much in the room afterwards. I had not seen the letters before Cook’s death.
The examination in chief of this witness being concluded, the Court adjourned, at twenty minutes past six o’clock, till next morning, when it met at ten o’clock.
Among the distinguished persons present were the Earl of Derby, Earl Grey, Lord W. Lennox, Lord G. G. Lennox, Lord H. Lennox, &c.
The learned judges, Lord Chief Justice Campbell and Mr. Baron Alderson, accompanied by the Recorder, the Sheriffs, the Under-Sheriffs, and several members of the Court of Aldermen, took their seats on the bench at 10 o’clock.
The prisoner was then placed at the bar. The expression of his countenance was sadder and more subdued than on the preceding day. He maintained his usual tranquillity of demeanour, seldom changing his position, and gazing steadfastly at the witnesses.
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; and Mr. Serjeant Shee, Mr. Grove, Q.C., Mr. Gray, and Mr. Kenealy, for the prisoner.
The Jury, who had been all night at the London Coffee-house, were conducted into court by the officer who had them in charge.
Elizabeth Mills, who was under examination the previous evening, was again placed in the witness-box. She deposed as follows:—I had been engaged at the Talbot Arms for about three years previous to Cook’s death. Cook first came to that inn in the month of May, 1855, and was off and on for some months. I never heard him complain of any illness during that time except of an affection in his throat. I heard him complain of a sore throat two or three months before his death. He said it resulted from cold. He took a gargle for it. I believe he had it from Mr. Thirlby. I did not observe any sores about his mouth. I never heard him complain of a difficulty in swallowing. I have seen him with a “loaded” tongue occasionally, but I never heard him complain of a sore tongue, nor have I heard of caustic being applied to his tongue. It was a month, if not more, before his death that I heard him say he had a sore throat. I never knew him to take medicine before his last illness. He had a slight cough through cold, but never to my knowledge a violent one. He had not been ailing just before he went to Shrewsbury. On his return from Shrewsbury he complained of being poorly. I left my situation at Christmas, and went to my home in the Potteries. Since then I have been in another situation, which I left in February. I have seen Mr. Stevens, Mr. Cook’s father-in-law,since I have been in London. I cannot say how many times I have seen him, but it is not more than six or seven times. Sometimes we conversed together in a private room. He only came to see whether I liked the place or whether I liked London. We used to converse together about Mr. Cook’s death. I have talked to him about Mr. Cook’s death at Rugeley. I cannot remember anything else that we talked about except the death. He has never given me a farthing of money or promised to get me a place. I saw Mr. Stevens last Tuesday at Dolly’s Hotel, where I had been in service. Lavinia Barnes was with us. She was the waitress at the Talbot Arms when Mr. Cook died. Two other persons were present, Mr. Hatton, the chief officer of Rugeley, and Mr. Gardner, an attorney at the same place. Mr. Cook’s death may have been mentioned at this meeting. Other things were talked of which I do not wish to mention.
SerjeantShee: But you must mention them.
Witness: I cannot remember what they were. I don’t know whether we talked about the trial. They did not ask me what I could prove. My deposition was not read over to me, and Mr. Stevens did not talk to me about the symptoms that were exhibited by Mr. Cook before his death. I had seen Mr. Hatton a few times before. I once saw him at Dolly’s. He merely dined there. I cannot remember whether he spoke to me about Cook’s death. He might have done so. I cannot remember whether he did or not. I know he asked me how I did. (A laugh.) I saw Mr. Gardner once at Dolly’s, and once in the street, and I swear these were the only occasions I ever saw him. I never went with him to a solicitor’s office. At present I am living with my mother at Rugeley. Before that I had been living among my friends. I know a man named Dutton. He is a friend of mine. I have been staying at his house. His mother lives in the same house. He is a labouring man. I used to sleep with Dutton’s mother. I swear that I slept with his mother. I have also been staying with a cousin of mine in the Potteries. I left Dolly’s of my own accord, because I did not like the place. I can read, and I read the newspapers. I have heard of the case of a person named Dove, who was supposed to have murdered his wife at Leeds. I merely heard that it was another strychnine case, but the symptoms of strychnine were not mentioned. I will swear that I mentioned “twitching” to the coroner. If I did not use the exact word, I said something to the same effect. I will swear that I have used the word “twitching” before I came to London. The words “twitching” and “jerking” were not first suggested to me. I did not say anything about the broth having made me sick before the coroner, because it did not occur to me. I did tell the coroner that I tasted the broth, and that I did not observe anything particular about it. I was examined several times, and I was questioned particularly upon the subject of the broth, and I said on one occasion that I thought the broth was very good. I did not at the time think it was the broth that had caused the sickness. I was so ill that I was obliged to go to bed; but I could not at all account for it. I only took two table-spoonfuls, and the sickness came on in about half an hour. I never knew of Mr. Cook taking coffee in bed before those occasions. If I have said that Mr. Palmer ordered coffee for Cook, I have no doubt that it is correct. I cannot remember so well to day as I did yesterday. I cannot remember whether I told the coroner that I had not seen Mr. Palmer when I gave the deceased the coffee. I don’t remember whether I said anything before the coroner about seeing a box of pills in the deceased’s bedroom on the Monday night, and that Palmer was in the room at the time. Perhaps I was not asked the question. I did nothing but answer questions that were put to me. I am sure that Palmer was in the room on that night. I remember that he brought a jar of jelly, and I opened it. I swear that the deceased told me that the pills Palmer had given him had made him ill. I did not say this before the coroner. I was asked some questions by Dr. Collier with regard to what I had stated to the coroner, and I said that my evidence had been altered, as some things had occurred to me since, and I had made another statement to a gentleman. I gave this additional statement to a gentleman at Dolly’s. I don’t know who the gentleman was. I did not ask him, and he did not tell me. He did not ask me many questions. He put a few to me and wrote down my answers. He mentioned Mr. Stevens’ name. Mr. Stevens was there.
SerjeantShee: Why did not you tell me that?—Because you did not ask me. (A laugh.)
Cross-examination continued: I did not tell the coroner that Mr. Cook was beating the bedclothes on the Monday night. I did say that he sometimes threw his head back, and then would raise himself up again, and I believe I also said that he could hardly speak for shortness of breath. I did not say that he called “Murder!” twice, and I do not remember saying that he “twitched” while I was rubbing his hands. I did not say anything about toast-and-water being given to Mr. Cook, by order of Palmer, in a spoon; or that he snapped at the spoon and bit it so hard that it was difficult to get it out of his mouth.
TheLord Chief Justicehere interposed and intimated his opinion that it would be a fairer course to read the witness’s depositions.
The other judges concurred.
TheAttorney-Generalsaid, he should have interposed, but it was his intention to adduceevidence to show the manner in which the case was conducted by the coroner, and that he was expostulated with upon omitting to put proper questions, and also omitting to take down the answers that were given.
Cross-examination continued: I should have answered all those questions if they had been put to me. I was not purposely recalled to state the symptoms of the deceased in the presence of Dr. Taylor. When the prisoner came to the Talbot on the Tuesday night he had a plaid dressing-gown on, but I cannot say whether he had a cap or not. I did not observe that the prisoner appeared at all confused at the time he was examining the clothes and the bed of the deceased.
A model of the prisoner’s house and of the hotel was here produced. The deposition of the witness was put in and read, for the purpose of showing that the statements made by her in her examination on Wednesday were omitted when she was examined by the coroner.
The witness was re-examined by Mr.E. James: I was examined on a great many different days by the coroner. I was not asked to describe all the symptoms I saw. The coroner himself put the questions to me, and his clerk took down the answers. I merely answered the questions, and I was not told to describe all I saw. The coroner asked me if the broth had any effect upon me; and I said, “Not that I was aware of.” I don’t know what brought the sickness to my mind afterwards, but I think that some one else in the house brought the fact to my memory. I certainly did vomit after I took the broth, and was obliged to go to bed. I am quite sure the deceased told me that it was the pills Palmer had given him that had made him ill. When Mr. Collier came to me he said that he was for the Crown, and he then asked me questions about the inquest and the death of Mr. Cook. I answered all the questions he put to me, and he took them down in writing and carried the statement away with him. Two other persons waited outside the house. I am engaged to be married to one of the Duttons.
SerjeantShee: Did not Dr. Collier tell you that he was neither for the Crown nor for the defence, but for the truth?
Witness: No; what he said was that he was for the Crown; but what he desired above all things was to know the truth, and that he asked me to tell him without fear, favour, or affection.
Mr.Gardner, examined by theAttorney-General: I am a member of the firm of Gardner and Co., of Rugeley. I acted in this matter for the firm of Cookson and Co., the solicitors of Mr. Stevens, the father-in-law of Cook. I attended the inquest on the body of Cook, and occasionally put questions to the witnesses. Mr. Ward, an attorney, was the coroner. He put questions to the witnesses, and his clerk took down the answers. The inquest lasted five days, and several times upon each day I expostulated with the coroner on account of his omitting to put questions.
Mr. SerjeantSheesubmitted that what was said by the coroner was no evidence against the prisoner.
TheAttorney-General: It is not intended as evidence against the prisoner, but to rebut the effect of evidence that you have put in. I will ask—had you occasion to expostulate with the coroner as to the omission of his clerk to take down the answers of witnesses?
Mr. SerjeantShee: I object to the question being put in that form.
TheAttorney-General: Did you observe that the clerk omitted to take down the answers of Elizabeth Mills?—Not in reference to that particular case.
Mr. BaronAlderson: Her account of the matter is that the questions were not put.
TheAttorney-General: Did Dr. Taylor object that questions were not put which ought to have been put?—I do not recollect it.
LordCampbell: It is not suggested, as I understand, that the coroner refused to correct any mistakes that were made.
TheAttorney-General: I am prepared to show that there was such misconduct on the part of the coroner as led to expostulation.
Mr. SerjeantShee: Don’t state that unless you are going to prove it.
TheAttorney-General: It is suggested that a witness has given evidence here which she did not give before the coroner; my object is to show, first, that questions were not put to her which might and ought to have been put; secondly, that her answers to other questions were not taken down.
LordCampbellheld that the evidence was not admissible.
Witness, cross-examined by SerjeantShee: The jury put a great many questions.
Re-examined: The jury made very strong observations as to the necessity of putting questions.
TheAttorney-General: Did they assign any reason for interfering when they put questions?
Mr. SerjeantSheeobjected to this question, on the ground that it did not arise out of his cross-examination.
LordCampbell: My learned brethren think that evidence upon this point is not admissible.
Mr. JusticeCresswellsaid the depositions which had been put in did not show that any questions had been put by the jurymen. If they had contained such questions they would have shown the motive of the jury in putting them. But the Court was left totally in the dark as to whether questions had been put by the coroner or any other person. For anything that appeared to the contrary, the witnesses might have made a voluntary statement, without any questions at all being put to them. No foundation was laid, therefore, for the Attorney-General’s question.
Mr. BaronAldersonconcurred.
Mrs.Ann Brooks, examined by theAttorney-General: I live at Manchester. I am in the habit of attending races. I was at Shrewsbury Races in November, 1855. I saw Palmer there. On the 14th (Wednesday), about eight o’clock in the evening, I met him in the street, and asked him whether he thought his horse Chicken would win? He desired me, if I heard anything further about a horse belonging to Lord Derby, which was also to run, to call and tell him on the following day. I went to the Raven to see him at half-past ten o’clock on the Thursday evening. Some friends waited for me in the road. I went upstairs, and asked a servant to tell Palmer that I wished to speak to him. The servant said he was there. At the top of the stairs there are two passages, one facing the other, to the left. I saw Palmer standing by a small table in the passage. He had a tumbler-glass in his hand, in which there appeared to be a small quantity of water. I did not see him put anything into it. There was a light between him and me, and he held it up to the light. He said to me, “I will be with you presently.” He saw me the moment I got to the top of the stairs. He stood at the table a minute or two longer with the glass in his hand, holding it up to the light once or twice, and now and then shaking it. I made an observation about the fineness of the weather. The door of a sitting-room, which I supposed was unoccupied, was partially open, and he went into it, taking the glass with him. In two or three minutes he came out again with the glass. What was in the glass was still the colour of water. He then carried it into his own sitting-room, the door of which was shut. He afterwards came out, and brought me a glass with brandy-and-water in it. It might have been the same glass. I had some of the brandy-and-water. It produced no unpleasant consequences. We had some conversation about the races. In the course of it he said he should back his own horse, Chicken. I was present at the race, when Chicken ran and lost.
Cross-examined by Mr. SerjeantShee.—I am married. Brooks is the name of my husband. He never goes with me to races. I live with him. I don’t attend many races in the course of a year. My husband has a high appointment, and does not sanction my going to races. A great number of racing men were ill at Shrewsbury on the Wednesday. There was a wonder as to what had caused their illness, and something was said about the water being poisoned. People were affected by sickness and purging. I knew some persons who were so affected. The passage in which I saw Palmer holding the glass led to a good many rooms. I think it was lighted by gas. I supposed that he was mixing some cooling drink.
Re-examined: I was not examined before the Coroner. The brandy-and-water which Palmer gave me was cold. I had been on friendly terms with him. I had known him a number of years as a racing man.
Lavinia Barnes, examined by Mr.E. James: In November, 1855, I was a waitress at the Talbot Arms. I knew Palmer and Cook. Cook called there on the 12th (Monday) as he was going to the races. He did not complain of illness. I saw him when he returned on the 15th. On the Friday he came between nine and ten o’clock in the evening, after dining with Palmer. He spoke to me. He was sober. On the Saturday I saw him twice. Some broth was sent over and taken up to him by me. He could not take it; he was too sick. I carried it down and put it into the kitchen. I afterwards saw Palmer, and told him Cook was too sick to take it. Palmer said he must have it. Elizabeth Mills afterwards took it up again. She was taken ill with violent vomiting on the Sunday, between twelve and one o’clock. She went to bed, and did not come down stairs till four or five o’clock. I saw some broth on that day in the kitchen. It was in a “sick-cup,” with two handles, not belonging to the house. I did not see it brought. The cup went back to Palmer’s. On the Monday morning, between seven and eight o’clock, I saw Palmer. He told Mills he was going to London. I also saw Cook during the day. Sandars came to see him, and I took him up some brandy-and-water. I slept that night in the next room to Cook’s. Palmer came between eight and nine o’clock in the evening, and went up-stairs, but I did not see whether he went into Cook’s room. About twelve o’clock I was in the kitchen, when Cook’s bell rang violently. I went up-stairs. Cook was very ill, and asked me to send for Palmer. He screamed out “Murder!” He exclaimed that he was in violent pain—that he was suffocating. His eyes were wild-looking, standing a great way out of his head. He was beating the bed with his arms. He cried out, “Christ, have mercy on mysoul!” I never saw a person in such a state. Having called up Mills, I left to send “Boots” for Palmer. Palmer came, and I again went into the room. Cook was then more composed. He said, “Oh, doctor, I shall die.” Palmer replied, “Don’t be alarmed, my lad.” I saw Cook drink a darkish mixture out of a glass. I don’t know who gave it to him. I both saw and heard him snap at the glass. He brought up the draft. I left him between twelve and one o’clock, when he was much more composed. On the Tuesday he seemed a little better. At night, a little before twelve o’clock, the bell rang again. I was in the kitchen. Mills went up stairs. I followed her, and heard Cook screaming, but did not go into the room. I stood outside the door and saw Palmer come. He had been fetched. I said as he passed me: “Mr. Cook is ill again.” He said, “Oh, is he?” and went into the room. He was dressed in his usual manner, and wore a black coat and a cap. I remained on the landing when Palmer came out. As he went down stairs, Mills asked him how Cook was? He said to her and to me, “He is not so bad by fifty parts as he was last night.” I heard Cook ask to be turned over before I went in, while Palmer was there. I went in after Palmer had left, but I came out before Cook died.
After he died on the Tuesday I went into the room and found Palmer with a coat in his hand. He was clearing out the pockets of the coat and looking under the bolster. I said, “Oh! Mr. Cook can’t be dead!” Palmer said, “He is. I knew he would be,” and then left the room. I saw him on the Thursday following. He came into the body of the hall, and asked for the key of Mr. Cook’s bedroom, in which the body was lying. The key was in the bar. He said he wanted some books and papers and a paperknife, for they were to go back to the stationer’s, or else he would have to pay for them. I went with him into the room. He then requested me to go to Miss Bond for some books. I went downstairs and fetched the books. When I returned he was still in the room looking for the paperknife on the top of the chest of drawers among books, papers, and clothes. He said, “I can’t find the knife anywhere.” Miss Bond, the housekeeper, afterwards came up, and I left. On the Friday, between 3 and 4 o’clock, I saw Mr. Jones with Palmer. Jones said he thought Palmer knew where the betting-book was. Palmer asked me to go and look for it, and said it was sure to be found, but it was not worth anything to any one but Cook. Mills and I went up to look for it, but we could not find it. We searched everywhere, in the bed and all round the room, but not in the drawers. We went down and told Palmer and Jones that we could not find it. Palmer said, “Oh, it will be found somewhere. I’ll go with you and look myself.” He did not go with us, but left the house. I did not see him come out of the room on the Thursday. There was no reason for our not looking in the drawers. Some people were in the room at the time nailing the coffin.
Cross-examined by Mr. SerjeantShee.—Cook had some coffee on the Saturday between 12 and 1. I did not pay any particular attention to the time when Palmer went up on the Monday. I am not sure it was before half-past 9, but I am sure it was before 10. I don’t remember whether Cook touched the glass from which he drank the mixture. I think some one else was holding it. There was some of Cook’s linen in several of the drawers. There was a portmanteau containing other things besides those in the drawers. There were dress clothes, an overcoat, and morning clothes. The door was locked on the night of the death. The women were sent for to lay out the corpse before it was light. The undertaker went on the following morning, and the door was locked after they left. They came again on the Thursday night, had the key, and went up by themselves. The body was put into the coffin the day Stevens was there. The women were in the room with the undertakers when I looked for the book.
Re-examined by theAttorney-General.—The chamber-maid and I were in and out of the room while the women were laying out the body, but they were sometimes left alone. I saw nothing of the book at that time. I had seen it before in Cook’s hand, but I don’t remember seeing it in the room.
Ann Rowley, examined by Mr.Welsby.—I live at Rugeley, and have frequently been employed as charwoman by Palmer. On the Saturday before Cook died Palmer sent me to Mr. Robinson’s, at the Albion Inn, for a little broth for Cook. I fetched the broth, took it to Palmer’s house, and put it to the fire in the back kitchen to warm. After doing so, I went about my work in other parts of the house. When the broth was hot, Palmer brought it to me in the kitchen, and poured it into a cup. He told me to take it to the Talbot arms for Cook, to ask if he would take a little bread or toast with it, and to say that Smith had sent it.
By LordCampbell.—He did not say why I was to say that.
Examination resumed.—There is a Mr. Jeremiah Smith in Rugeley. He is called “Jerry Smith.” He is a friend of Palmer’s. I took the broth to the Talbot Arms, and gave it to Lavinia Barnes.
Cross-examined by Mr. SerjeantShee.—Mr. Smith was in the habit of putting up at the Albion. He was friendly with Cook. Cook was to have dined with Smith that day, but was not able to go. Mrs. Robinson, the landlady of the Albion, made the broth, but I don’t know by whose orders.
By LordCampbell.—The broth was at the fire in Palmer’s kitchen about five minutes.
Charles Horley, examined by Mr.Bodkin.—I am a gardener living at Rugeley, and was occasionally employed by the prisoner in his garden. On the Sunday before Cook died, Palmer asked me to take some broth to Cook. That was at Palmer’s house, where I was in the habit of going. It was between 12 and 1 o’clock. He gave me the broth in a small cup with a cover over it, and told me to take it to the Talbot Arms for Cook. I did so. I cannot say whether or not the broth was hot. I gave it to one of the servant girls at the Talbot Arms, but which I cannot say.
The witness was not cross-examined.
Sarah Bond, examined by Mr.Huddleston: In November last I was housekeeper at the Talbot Arms. I knew Cook. He stayed at the Talbot Arms. I remember his going to Shrewsbury races on the 12th of November. He returned on the Thursday. I heard him say that he was very poorly. I did not see him on the Friday or Saturday. On Sunday I saw him about eight o’clock in the evening. He was in bed. He said that he had been very poorly, but was better. Very soon afterwards I saw Palmer. I asked him what he thought of Cook, and he replied that he was better. On Saturday night Smith had slept in the room with Cook. On the Sunday evening I asked Palmer if Cook would not want somebody with him that night, and Palmer replied that he was so much better, that it would not be necessary that any one should be with him. I asked if Daniel Jenkins, the boots, should sleep in the room. Palmer said, that Cook was so much better he had much rather he did not. On the Monday morning, a little before seven o’clock, I saw Palmer again. He came into the kitchen to me. I asked him how Cook was. He said he was better, and requested me to make him a cup of coffee. He did not say anything about its strength. He remained in the kitchen, and I made the coffee and gave it to him. He told me that he was going to London, and that he had written for Mr. Jones to come to see Cook. On the Monday night, hearing from the waitress that Cook was ill, I went up to his room between eleven and twelve o’clock. When I went into the room Cook was alone. He was sitting up in bed, resting on his elbow. He seemed disappointed, and said he did not want to see me, but Palmer. I went out on to the landing, and soon afterwards Palmer came. Palmer went into the room. I could not see what was done in the room. Palmer came out, went away for a few minutes, and then returned. After he came back, I heard that Cook had vomited. Cook said, he thought he should die. Palmer cheered him up, and said, that he would do all he could to prevent it. When Palmer came out of the room again, I asked him if Cook had any relatives, and he said that he had only a step-father. I saw Cook again between three and four o’clock on Tuesday. That was when Mr. Jones came. A little after six o’clock I took some jelly up to Cook. He seemed very anxious for it, and said that he thought he should die. I thought he seemed better. I did not see him again alive. Between eight and nine o’clock on Wednesday morning, I locked the door of the room in which Cook’s body lay. About nine o’clock I gave the key to Mr. Tolly the barber, when he came to shave the corpse. On Thursday I gave it to Lavinia Barnes. After that I went up to the room and met Palmer coming out of it. After I came out the door was locked, and I had the key. On Friday, when Mr. Stevens came, I gave the key to the undertaker.
Cross-examined by Mr.Grove: The passengers by the express train from London arrived at Rugeley about ten o’clock in the evening. They come by fly from Stafford.
William Henry Jones, examined by theAttorney-General: I am a surgeon, living at Lutterworth. I have been in practice fifteen years. I was acquainted with Cook, who from time to time resided at my house. I had been on terms of intimacy with him nearly five years. He was twenty-eight years of age when he died, and unmarried. He was originally educated for the law, but of late years had devoted himself to agriculture and the turf. The last year or two he had no farm. He kept race-horses and betted. I had known Palmer about twelve months. Lately Cook considered my house at Lutterworth as his home. I have attended him professionally. His health was generally good, but he was not very robust. He was a man of active habits. He both hunted and played cricket. In November last he invited me to go to Shrewsbury to see his horse run, and I went. I spent Tuesday, the 13th, with him there. That was the day on which Polestar ran and won. I dined with Cook and other friends at the Raven Hotel, where he was staying. The horse having won, there was a little extra champagne drunk. We dined between six and seven o’clock, and the party broke up between eight and nine. Cook afterwards accompanied me round the town. We went to Mr. Fraill’s, who is clerk of the course. I saw Cook produce his betting-book to Whitehouse, the jockey. He calculated his winnings on Polestar. There were figures in the book. Cook made a statement as to his winnings.
Mr. SerjeantSheeobjected to this statement being given in evidence, and the Attorney-General, therefore, did not ask any questions as to its purport.
Examination resumed: I left the Raven Hotel at ten o’clock. Cook was then at the door. He was not at all the worse for liquor. He was in his usual health. On the following Monday I received a letter from Palmer.
This letter, which was put in and read, was as follows:—
“My dear Sir,—Mr. Cook was taken ill at Shrewsbury, and obliged to call in a medical man. Since then he has been confined to his bed here with a very severe bilious attack, combined with diarrhœa. I think it desirable for you to come and see him as soon as possible.
“Nov. 18, 1855.
William Palmer.”
Examination resumed: On that day (Monday) I was very unwell. On the next day I went to Rugeley. I arrived at the Talbot Arms about half-past three o’clock in the afternoon, and immediately went up to Cook’s room. He said that he was very comfortable, but he had been very ill at Shrewsbury. He did not detail the symptoms, but said that he was obliged to call in a medical man. Palmer came in. I examined Cook in Palmer’s presence. He had a natural pulse. I looked at his tongue, which was clean. I said it was hardly the tongue of a bilious diarrhœa attack. Palmer replied—“You should have seen it before.” I did not then prescribe for Cook. In the course of the afternoon I visited him several times. He changed for the better. His spirits and pulse both improved. I gave him, at his request, some toast-and-water, and he vomited. There was no diarrhœa. The toast-and-water was in the room. Mr. Bamford came in the evening about seven o’clock. Palmer had told me that Mr. Bamford had been called in. Mr. Bamford expressed his opinion that Cook was going on very satisfactorily. We were talking about what he was to have, and Cook objected to the pills of the previous night. Palmer was there all the time. Cook said the pills made him ill. I do not remember to whom he addressed this observation. We three (Palmer, Bamford, and myself) went out upon the landing. Palmer proposed that Mr. Bamford should make up some morphine pills as before, at the same time requesting me not to mention to Cook what they contained, as he objected to the morphine so much. Mr. Bamford agreed to this, and he went away. I went back to Cook’s room, and Palmer went with me. During the evening I was several times in Cook’s room. He seemed very comfortable all the evening. There was no more vomiting nor any diarrhœa, but there was a natural motion of the bowels. I observed no bilious symptoms about Cook.
By LordCampbell: Did he appear to have recently suffered from a bilious attack?—No.
Examination resumed: Palmer and I went to his house about eight o’clock. I remained there about half-an-hour, and then returned to Cook. I next saw Palmer in Cook’s room at nearly eleven o’clock. He had brought with him a box of pills. He opened the paper, on which the direction was written in my presence. That paper was round the box. He called my attention to the paper, saying, “What an excellent handwriting for an old man!” I did not read the direction, but looked at the writing, which was very good. Palmer proposed to Cook that he should take the pills. Cook protested very much against it, because they had made him so ill the previous night. Palmer repeated the request several times, and at last Cook complied with it, and took the pills. The moment he took them he vomited into the utensil. Palmer and myself (at Palmer’s request) searched in it for the pills, to see whether they were returned. We found nothing but toast-and-water. I do not know when Cook had drank the toast-and-water, but it was standing by the bedside all the evening. The vomiting could not have been caused by the contents of the pills, nor by the act of swallowing. After vomiting, Cook laid down and appeared quiet. Before Palmer came, Cook had got up and sat in a chair. His spirits were very good; he was laughing and joking, talking of what he should do with himself during the winter. After he had taken the pills I went downstairs to my supper, and returned to his room at nearly twelve o’clock. His room was double-bedded, and it had been arranged that I should sleep in it that night. I talked to Cook for a few minutes, and then went to bed. When I last talked to him he was rather sleepy, but quite as well as he had been during the evening. There was nothing about him to excite any apprehensions. I had been in bed about ten minutes, and had not gone to sleep, when he suddenly started up in bed, and called out, “Doctor, get up, I am going to be ill! Ring the bell, and send for Palmer.” I rang the bell. The chambermaid came, and Cook called out to her, “Fetch Mr. Palmer.” He asked me to give him something; I declined, and said, “Palmer will be here directly.” Cook was then sitting up in bed. The room was rather dark, and I did not observe anything particular in his countenance. He asked me to rub the back of his neck. I did so. I supported him with my arm. There was a stiffness about the muscles of his neck.
Palmer came very soon (two or three minutes at the utmost) after the chambermaid went for him. He said, “I never dressed so quickly in my life.” I did not observe how he was dressed. He gave Cook two pills, which he told me were ammonia pills. Cook swallowed them. Directly he did so he uttered loud screams, threw himself back in the bed, and was dreadfully convulsed. That could not have been the result of the action of the pills last taken. Cook said, “Raise me up! I shall be suffocated.” That was at the commencement of the convulsions, which lasted five or ten minutes. The convulsions affected every muscle of the body, and wereaccompanied by stiffening of the limbs. I endeavoured to raise Cook, with the assistance of Palmer, but found it quite impossible, owing to the rigidity of the limbs. When Cook found we could not raise him up, he asked me to turn him over. He was then quite sensible. I turned him on to his side. I listened to the action of his heart. I found that it gradually weakened, and asked Palmer to fetch some spirits of ammonia, to be used as a stimulant. Palmer went to his house and fetched the bottle. He was away a very short time. When he returned the pulsations of the heart were gradually ceasing, and life was almost extinct. Cook died very quietly a very short time afterwards. From the time he called to me to that of his death there elapsed about ten minutes or a quarter of an hour. He died of tetanus, which is a spasmodic affection of the muscles of the whole body. It causes death by stopping the action of the heart. The sense of suffocation is caused by the contraction of the respiratory muscles. The room was so dark that I could not observe what was the outward appearance of Cook’s body after death. When he threw himself back in bed he clinched his hands, and they remained clinched after death. When I was rubbing his neck, his head and neck were unnaturally bent back by the spasmodic action of the muscles. After death his body was so twisted or bowed that if I had placed it upon the back it would have rested upon the head and the feet.
By LordCampbell: When did you first observe that twisting or bowing?—When Cook threw himself back in bed.
Examination resumed: The jaw was effected by the spasmodic action. Palmer remained half-an-hour or an hour after Cook’s death. I suggested that we should have some women to lay Cook out. I left the room to speak to the housekeeper about this. Seeing two maids on the landing, I sent them into the room where Palmer was with Cook’s body. I went downstairs and spoke to the housekeeper, and then returned to the bedroom. When I went back, Palmer had Cook’s coat in his hand. He said to me, “You, as his nearest friend, had better take possession of his effects.” I took Cook’s watch and his purse, containing five sovereigns and five shillings, which was all I could find. I saw no betting-book, nor any papers or letters belonging to Cook. I found no bank notes.