“Is not the risus sardonicus very common in all forms of violent convulsions?—No, it is not common. Does it not frequently occur in all violent convulsions which assume, without being tetanus, a tetanic form and appearance?—Yes, it does. Are they not a very numerous class? No, they are not numerous. Is it not very difficult to distinguish between them and idiopathic tetanus?—In the onset, but not in the progress. I think you say you have only seen one case of idiopathic tetanus?—I have only seen one. When you answered that question of mine you spoke from your reading, and not from your experience?—I did not know your question applied to idiopathic tetanus alone. Does epilepsy sometimes occur in the midst of violent convulsions?—Epilepsy itself is a disease of a convulsive character. I am aware of that; but you heard the account that was given by Mr. Jones of the few last moments before Mr. Cook died? Yes, I did. That he uttered a piercing shriek, fell back and died; did he not? Yes. Tell me whether that last shriek and the paroxysm that occurred immediately afterwards—would not that bear a strong resemblance to epilepsy? In some respects it bears a resemblance to it. Are all epileptic convulsions—I do not mean epileptic convulsions designated by scientific men as of the epileptic character—are they all attended with an utter want of consciousness?—No, not all. Does not death by convulsions frequently occur without leaving any trace in the body behind it?—Death from tetanus, accompanied with convulsions, leave seldom any trace behind; but death from epilepsy leaves a trace behind it generally.”
“Is not the risus sardonicus very common in all forms of violent convulsions?—No, it is not common. Does it not frequently occur in all violent convulsions which assume, without being tetanus, a tetanic form and appearance?—Yes, it does. Are they not a very numerous class? No, they are not numerous. Is it not very difficult to distinguish between them and idiopathic tetanus?—In the onset, but not in the progress. I think you say you have only seen one case of idiopathic tetanus?—I have only seen one. When you answered that question of mine you spoke from your reading, and not from your experience?—I did not know your question applied to idiopathic tetanus alone. Does epilepsy sometimes occur in the midst of violent convulsions?—Epilepsy itself is a disease of a convulsive character. I am aware of that; but you heard the account that was given by Mr. Jones of the few last moments before Mr. Cook died? Yes, I did. That he uttered a piercing shriek, fell back and died; did he not? Yes. Tell me whether that last shriek and the paroxysm that occurred immediately afterwards—would not that bear a strong resemblance to epilepsy? In some respects it bears a resemblance to it. Are all epileptic convulsions—I do not mean epileptic convulsions designated by scientific men as of the epileptic character—are they all attended with an utter want of consciousness?—No, not all. Does not death by convulsions frequently occur without leaving any trace in the body behind it?—Death from tetanus, accompanied with convulsions, leave seldom any trace behind; but death from epilepsy leaves a trace behind it generally.”
LordCampbell.—The jury have heard you read it. It is for them to say whether it is important in their view or not. Evidence is next given of various cases of tetanus arising from strychnine; it is for you, gentlemen, to consider how far the symptoms in those cases resemble the symptoms in this case, or how far the symptoms in this case resemble those of ordinary tetanus, idiopathic or traumatic. [The learned judge read his notes of the evidence given by Dr. Robert Corbett, Dr. Watson, Dr. Patterson, and Mary Kelly, witnesses examined to prove the symptoms in the Glasgow case, and then proceeded to call the attention of the jury to the testimony of Caroline Hickson, Mr. Taylor, surgeon, and Charles Bloxham, all of whom were examined with reference to the case of Mrs. Smyth, of Romsey. He then passed on to the Leeds case—that of Mrs. Dove, whose name had transpired so frequently in the course of the trial, that it would be vain to affect any reserve on the subject now. After reading the evidence of Jane Witham and George Morley, the learned judge observed,—] It is beyond all controversy that strychnia was not discovered in the dead body of Cook, but it is important to bear in mind that the witness Morley declares that in cases where the quantity of strychnine administered had been theminimumdose that will destroy life, it is to be expected that the chemist should occasionally fail in detecting traces of the poison after death. That case of Mrs. Dove’s is a very important one, because it is a case in which it is beyond all question that death was caused by strychnine, however administered. It is for you to determine how far the symptoms of this unhappy lady corresponded with or differed from those of Cook. You will remember that she had repeated attacks of convulsions. She recovered from several, but at last a larger dose than usual was given, and death ensued. With regard to the possibility of the poison being decomposed in the blood, that appears to be a vexed question among toxicologists, and Mr. Morley differs on the point from other and, I doubt not, most sincere witnesses.
The great question for your consideration at this part of the inquiry is whether there may not be cases of death by strychnia in which, nevertheless, the strychnia has not—let the cause be what it may—been discovered in the dead body. [The learned Judge then read the evidence of Edward Moore in the Clutterbuck case, where an over-dose of strychnia had been administered; and proceeded as follows:—] I have now to call your attention to the evidence of Dr. Taylor, but before doing so I think it right to intimate that I fear it will be impossible to conclude this case to-night. It is most desirable, however, to finish the evidence for the prosecutionthis evening. When that is concluded I shall be under the necessity of adjourning the Court, and asking you to attend here again to-morrow, when, God willing, this investigation will certainly close. [The learned Judge then proceeded to read his notes of Dr. Taylor’s evidence, and on arriving at that portion of it in which the witness described the results of his own experiments upon animals observed,—] There is here a most important question for your consideration. Great reliance is placed by the prisoner’s counsel, and very naturally so, upon the fact that no trace of strychnine was detected in the stomach of Cook by Dr. Taylor and Dr. Rees, who alone analyzed it and experimented upon it. But, on the other hand, you must bear in mind that we have their own evidence to show that there may be and have been cases of death by strychnine in which the united skill of these two individuals have failed to detect the presence of the strychnine after death.
Both Dr. Taylor and Dr. Rees have stated upon their oaths that in two cases where they knew death to have been occasioned by strychnine—the poison having, in fact, been administered with their own hands—they failed to discover the slightest trace of the poison in the dead bodies of the animals on which they had experimented. It is possible that other chemists might have succeeded in detecting strychnine in those animals, and strychnine also in the jar containing the stomach and intestines of Cook; but, however this may be, it is beyond all question that Dr. Taylor and Dr. Rees failed to discover the faintest indications of strychnine in the bodies of two animals which they had themselves poisoned with that deadly drug. Whatever may be the nature of the different theories propounded for the explanation of this fact, the fact itself is deposed to on oath; and, if we believe the witnesses, does not admit of doubt. With regard to the letter from Dr. Taylor to Mr. Gardner, stating that neither strychnia, prussic acid, nor opium had been found in the body, his Lordship said this letter was written before Cook’s symptoms had been communicated to Dr. Taylor and Dr. Rees; but they had been informed that prussic acid, strychnia, and opium had been bought by Palmer on the Tuesday. They searched for all these poisons, but they found none. The only poison they found in the body was antimony, and therefore they did not, in the absence of symptoms, attribute death to strychnia, as they could not at that time; but they say that it possibly may have been produced by antimony, because the quantity discovered in the body was no test of the quantity which might have been taken into the system.
As to the letter which was written by Professor Taylor to theLancet, the learned Judge remarked: I must say I think it would have been better if Dr. Taylor, trusting to the credit which he had before acquired, had taken no notice of what had been said; but it is for you to say whether, he having, as he says, been misrepresented, and having written this letter to set himself right, that materially detracts from the credit which would otherwise be given to his evidence. Having concluded the reading of Dr. Taylor’s evidence, his lordship said: This is Dr. Taylor’s evidence. I will not comment upon it, because I am sure that you must see its importance with regard to the antimony and the strychnia. For the discovery of strychnia, Dr. Taylor experimented upon the bodies of two animals which he had himself killed with that poison, but in them no strychnia could be found. [The learned Judge next read the evidence of Dr. Rees, in commenting upon which he said: I do not know what interest it could be supposed that Dr. Taylor had to give evidence against the prisoner. He was regularly employed in his profession, and knew nothing about Mr. Palmer until he was called upon by Mr. Stevens, and the jar was given to him. He could have no enmity against the prisoner, and no interest whatever to misrepresent the facts. [Mr. SerjeantSheereminded the learned Judge that the experiments upon the two rabbits were not made until after the inquest.] That makes no difference. If the witnesses are the witnesses of truth, there are equally cases where there has been the death of an animal by strychnia, and no strychnia can be found in the animal; if that experiment had been made this morning, the fact would have been the same.
Dr. Taylor has been questioned about some indiscreet letter which he wrote, and some indiscreet conversation which he had with the editor of theIllustrated Times. Against Dr. Rees there is not even that imputation, and Dr. Rees concurs with Dr. Taylor that in these experiments the rabbits were killed by strychnia; that they did whatever was in their power, according to their skill and knowledge, to discover the strychnia, as they did with the contents of the jar, and no strychnia could be discovered. As to the antimony, he corroborates the testimony of Dr. Taylor. Antimony is a component of tartar emetic, tartar emetic produces vomiting, and you will judge from the vomiting at Shrewsbury and Rugeley whether antimony may have been administered to Cook at those places. Antimony may not have produced death, but the question of its administration is a part of the case which you must seriously consider. His Lordship then read the evidence of Professor Brande, of Dr. Christison, a man above suspicion, who said that if the quantity of strychnia administered was small he should not expect to find it after death, and of Dr. John Jackson, who spoke to the symptoms of idiopathic and traumatic tetanus as he hadobserved them in India, which, concluded the evidence on the part of the Crown. Having thus gone through all the evidence for the prosecution, his Lordship intimated that he should defer the remainder of his charge until the following day; and the Court was therefore (at eight o’clock) adjourned till ten o’clock to-morrow (Tuesday) morning.
The opening of the Court this morning presented the same extraordinary scene of excitement which was witnessed yesterday. The Court was filled immediately after the opening of the doors, and throughout the day long the Old Bailey was thronged with persons anxious to learn the progress of the summing up, or to obtain admission into the Court.
The prisoner exhibited no marked change in his appearance. Occasionally he listened with attention to Lord Campbell’s charge, and passed notes to his counsel; but for the most part there was much of apparent indifference in his demeanour.
The Lord Chief Justice, Baron Alderson, and Mr. Justice Cresswell, took their seats on the bench at ten o’clock.
His Lordship commenced this morning by observing, that at the adjournment yesterday evening, he had laid before the jury all the evidence for the prosecution, and certainly this evidence presented a serious case against the prisoner. It appeared that in the middle of November last the prisoner was involved in pecuniary difficulties of a most formidable character, and from which he could not have possibly extricated himself without the most extraordinary means. At this period, the prisoner accompanied the deceased to Shrewsbury races, where the deceased won a large sum of money, and where, it was alleged, the prisoner formed the design of getting possession of the deceased’s property. Before and after the death, the prisoner took steps to collect all the money due to the deceased, and resorted to a device for securing the horse Polestar, which also had belonged to the deceased. In fact, had the plans of the prisoner, as developed in the evidence, succeeded, he would have become possessed of all the deceased’s property; and hence it could not be said that he would have derived no benefit from the death of his friend, nor could it be urged that the balance of advantages was in favour of his wishing the deceased to live; hence there was a strong motive for the committal of the crime imputed to the prisoner; and with this knowledge in their possession, it was for the jury to determine whether the symptoms of the deceased justified the conclusion of the scientific evidence for the prosecution—that death was the result of poisoning by strychnine.
It was true that no strychnine had been found in the deceased’s stomach, but in point of law there was no necessity that it should be found to justify the conviction of the prisoner, if there were other and sufficient evidence to satisfy the minds of the jury that such a poison had been administered. Well, now, there were two instances in evidence where, beyond all question, strychnine had been administered, and yet no traces of it could be found after death, while another portion of the evidence went to show that the body could be so prepared by antimony and similar deadly drugs, as entirely to destroy all traces of strychnine after it had run its fatal course. Now, in this case, there was the strongest proof that antimony must have been administered to the deceased immediately before death; and coupling that circumstance with the evidence of the medical men who had described first the symptoms of the deceased, and secondly, the symptoms usually observed in strychnine poisoning, it would be for the jury to say whether the prosecution had succeeded in bringing the charge of murder home to the prisoner. There were individual acts of the prisoner proved in evidence, which the jury might very well consider in arriving at their final conclusion, such as the fact of his having purchased or obtained strychnine from two different persons just previously to the death; the fact of his having attempted to bribe the post-boy to upset the jars, the fact of his having got the post-master to open Dr. Taylor’s letter; and lastly, the fact of his having tampered with the coroner to procure a verdict which would have amounted to an acquittal of the charge which was then, as now, hanging over his head.
These were the main features of the case for the prosecution, and having duly weighed and considered them, it would be for the jury to say whether they brought to their minds an irresistible conviction of the prisoner’s guilt. On the other hand, numerous witnesses had been called for the defence, and it remained for him to go through their evidence with the same care and patience with which he had gone over that of the prosecution. Like the evidence of the prosecution, the evidence for the defence partook of a moral and medical character. Those who had been called to give the latter evidence were men, of highhonour, of unsullied integrity, and profound scientific knowledge, and it was only due to them to say, that in coming there they appeared to have been only actuated by a desire to speak the truth, and to assist in the due administration of justice. This evidence his lordship then proceeded to read over, commencing with Dr. Nunneley. Commenting upon that gentleman’s evidence, his lordship observed that Dr. Nunneley seemed to have displayed an interest in the case which was not altogether consistent with the character of a witness. He differed very much from some of the witnesses examined for the prosecution, particularly in reference to rigidity being produced by strychnine after death, and it would be for the jury to determine to which side they attached the most weight in these matters.
The next witness in order was Dr. Herapath, a gentleman who had directed much attention to the operation of poisons. His lordship having read Dr. Herapath’s evidence, observed that it differed from that of the prosecution in a leading particular, inasmuch as it went to affirm that where death was occasioned by strychnine, its traces were always discernible in the body, but on cross-examination the witness admitted that he had before expressed an opinion that Cook died of strychnine, and that Dr. Taylor had not taken the proper means to find it.
Passing to Dr. Letheby’s evidence his lordship remarked, after reading it, that the exceptions which in cross-examination the doctor allowed he had met with in his experience, of the effects and symptoms of strychnine, were sufficient to neutralise the evidence in chief so far as it went to rebut that of the prosecution.
The next witness was Dr. Guy, who spoke to having seen a case of idiopathic tetanus in an omnibus conductor. Remarking upon this evidence, his lordship said it was for the jury to say whether the symptoms in this case sufficiently corresponded with those of the deceased, to bring the two cases into the same class; but it must be observed that there was a difference in the symptoms, while there was strong evidence on record, which went to show that the deceased’s case was neither traumatic nor idiopathic tetanus.
The next evidence was that of Mr. Ross, who instanced a case where a man had died from tetanus induced by ulcers on the body; but his lordship reminded the jury that, in the case of the deceased, there was no evidence whatever that he had suffered from wounds or sores of any kind.
Speaking of the evidence of Dr. Wrightson, who had discovered strychnine in putrefying blood and decomposed matter, and who had given an opinion that strychnine never decomposed, his lordship told the jury that the doctor, who was a man of eminent scientific attainments and unimpeachable honour, had given his evidence with becoming caution. The doctor seemed to think, that the poison, if administered, ought to have been found, and in dealing with this part of the case the jury would have to consider whether it might not have existed in this case, and yet have defied the tests employed to discover it.
Referring to the evidence of Dr. Partridge, his lordship said it was remarkable in this—that the symptoms of the deceased did not strictly correspond with those he should have expected in the case of a death from strychnine.
His lordship next read the evidence of Dr. Guy, who spoke to a case of tetanus in a child of eight years of age, supervening from an injury to the great toe, and expressed his opinion that there was no analogy between that and this case, while the witness, his lordship added, had declared it to be his belief that attacks of tetanus could always be traceable to some collateral cause. His lordship then read the lengthy evidence of Dr. McDonald, of Edinburgh, who attributed the death of Cook to “epileptic convulsions with tetanic complications,” adding that it was within the range of probability that the convulsions in this case before the fatal attack were the result of mental excitement. His lordship reminded the jury that this was the only witness who had given a positive opinion as to the cause of death; the cause he had described, and it might, according to the witness, have arisen from mental, moral, or sexual excitement. It was for the jury to say what weight they attached to this testimony in the face of the other mass of medical evidence leading to a different conclusion. Having disposed of other witnesses, his lordship came next in order to the evidence of Dr. Richardson, who had described a remarkable case of angina pectoris, and had pronounced an opinion that the symptoms as described in Cook’s case presented a singular similarity to those of the strange case referred to. It was for the jury to determine whether the deceased died from an attack of the same disease; but on cross-examination the witness admitted that the symptoms in his case might hive resulted from strychnine, but at the time it occurred the effects of strychnine were not so well understood as at the present day, or he would have searched for it. Both in that case, as in Cook’s case, the symptoms were, the witness said, not inconsistent with poisoning by strychnine, and that was one of the questions the jury had to decide. Having read Catherine Watson and Dr. Wrightson’s evidence, his lordship said this closed the medical portion of the defence, and perhaps this would be the fitting moment for an adjournment.
The Court accordingly adjourned for twenty minutes.
On the Court resuming,
His Lordship continued his charge. They had now (he said) to deal with, the evidence of facts adduced by the defence. The first witness of this kind was Matthews, the inspector of police at Euston-square, and from his evidence, it might be taken as probable that on the Monday before the death the prisoner went down from London to Rugeley by the five o’clock express train. The next witness was Mr. Foster, the farmer, who had known the deceased for some years, and who was called to speak to the state of Cook’s health; but his lordship thought the testimony of this witness, as bearing upon that particular point, was very slender. Myatt came next, who had spoken to the brandy and water incident at Shrewsbury, and who returned with the prisoner and the deceased from Shrewsbury to Rugeley on the Thursday before the decease. This evidence, his lordship said, was intended to show that the prisoner could not have tampered with the deceased’s glass; it was inconsistent with the evidence of Fisher and Mrs. Brooks, who were called for the prosecution, and it would be for the jury to decide between them. Then they came to the evidence of Mr. Serjeant, who saw the deceased’s tongue and mouth a fortnight before the death, and the jury must decide whether the appearances which the witness saw were consistent with the deceased’s state of health as represented by the evidence for the prosecution. His lordship then read the evidence of Mr. Jeremiah Smith, the solicitor, of Rugeley, and also the three letters written by Cook to Smith with reference to some bills which were due or overdue, the allusions to an alleged improper intimacy between the witness and the prisoner’s mother, and Smith’s denial of his handwriting in a document produced by the prosecution, and purporting to bear his signature and the signature of Walter Palmer.
To this point his Lordship directed special attention, remarking that as the witness said he had no doubt that he had received the document from William Palmer, the question for decision was whether William Palmer had forged Smith’s signature. Remarking generally upon the evidence of this witness, the Lord Chief Justice said it was a question for the jury to decide—what reliance was to be placed on the testimony of this man, who had denied his signature to the instrument produced, and then allowed that it might be his signature. Then they had his acknowledgment that he had received £5 from the prisoner; and the jury must ask themselves whether he had received that £5 for attesting the signature of Walter Palmer. There was also the fact of his being concerned in effecting an insurance upon the life of Walter Palmer for £13,000, when he knew that Walter Palmer had no means of livelihood except through an allowance from William Palmer or his mother. And they must also take into consideration his admission that he had been concerned in endeavouring to effect an insurance for £10,000 on the life of Bates, whom he knew to be a man living in lodgings at 6s. 6d. per week, and that he got himself appointed agent to an insurance society for that purpose.
All these things must be taken into account in deciding upon the credibility of the witness Smith. His Lordship then proceeded to say that that was all the evidence which had been adduced; and to direct the attention of the jury generally to the state of the pecuniary transactions between Cook and the prisoner,—to the loss of the betting-book—to the alleged tampering with the post-boy for the purpose of upsetting the jar—to the resemblance of Cook’s symptoms to death by strychnine—and, above all, to the purchase of strychnine by the prisoner. The case was then in their hands; the evidence was before them, and they were to decide by that evidence; not to convict the prisoner upon suspicion, or strong suspicion merely; but to weigh the evidence to the best of their judgment; to give the prisoner the benefit of any doubt, if doubt existed, but not to be deterred by any consideration from a due discharge of their duty.
Mr. SerjeantSheetook exception to the summing up of the Lord Chief Justice, considering that the question whether the symptoms of Cook were the symptoms of strychnia was a question which ought not to have been put, unless there had been added, or symptoms that might have been produced by any other cause.
LordCampbelltold the jury that unless they considered the death of Cook was consistent with symptoms of death by strychnine, they ought to acquit the prisoner.
Mr. SerjeantSheeurged that the question ought not to have been put, in his opinion; but if over-ruled, he must submit.
The Lord Chief Justice said he had submitted to the jury that it would be for them to consider whether the symptoms of Cook were such as might have resulted from natural disease; but if they thought those symptoms such as might have been produced by strychnine, then they were to consider the evidence, and come to a conclusion as to whether the prisoner administered it or not.
The jury then retired to consider their verdict at eighteen minutes past two, the judges also retiring; and the prisoner, who wore upon his features an expression of mute despair, was then, according to such cases, taken down below.
The crowds in the court broke up into noisy conversational groups as to the nature of the coming verdict, and the news that the jury were deliberating travelled fast and far, causing intense excitement outside the Court, where an immense mass of people speedily assembled.
During the absence of the jury, there was one little incident, full of significant import, which awakened marked attention, viz., the entrance into Court of the Rev. J. Davis, chaplain of Newgate, who took his seat upon the bench near the seats of the judges, in full canonicals, ready to pronounce the final “Amen,” when sentence of death should be pronounced, if the jury convicted the prisoner.
The jury re-entered the Court at thirty-five minutes past three, having been absent one hour and seventeen minutes.
Upon the appearance of the jury every whisper ceased, and men seemed scarcely to breathe in the solemnity of the moment.
The Judges then resumed their seats, and the prisoner was replaced at the bar, looking calm and quiet.
The Clerk of the Arraigns inquired of the jury whether they had agreed upon a verdict?
The Foreman replied in the affirmative.
The Clerk: Do you find the prisoner at the bar guilty or not guilty?
Foreman: We find him
GUILTY.
The Prisoner received the verdict almost unmoved.
The Clerk then inquired what the prisoner had to say why sentence of death should not be passed upon him.
The prisoner made no answer.
The Chief Justice, in a solemn and impressive manner, then passed sentence of death upon the prisoner in the usual form, and this extraordinary trial was brought to a conclusion.
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