FIFTH DAY, MAY 19.

The Court was again crowded long before the commencement of the

proceedings this morning. The Earl of Denbigh and Lord Lyttleton were

among the gentlemen who occupied seats upon the bench.

The jury came into Court shortly before ten o’clock, and were soon

followed by Lord Campbell and Mr. Justice Cresswell, accompanied by the

Recorder, the Sheriffs and Under-Sheriffs, &c. Mr. Baron Alderson did

not take his seat until about two o’clock.

The prisoner was immediately placed at the bar. There was no alteration

perceptible in his countenance or demeanour, and he took notes of

several parts of Dr. Taylor’s evidence.

The Attorney-General, Mr. E. James, Q.C., Mr. Welsby, Mr. Bodkin, and

Mr. Huddleston, appeared for the Crown; Mr. Serjeant Shee, Mr. Grove,

Q.C., Mr. Gray, and Mr. Kenealy, for the prisoner.

Dr. ALFRED SWAYNE TAYLOR, examined by the ATTORNEY-GENERAL: I am a

fellow of the College of Physicians, lecturer on medical jurisprudence

at Guy’s hospital, and the author of the well-known treatise on poisons

and on medical jurisprudence. I have made the poison called strychnia

the subject of my attention. It is the produce of the nux vomica, which

also contains brucia, a poison of an analogous character. Brucia is

variously estimated at from one-sixth to one-twelfth the strength of

strychnia. Most varieties of impure strychnia that are sold contain more

or less brucia. Unless, therefore, you are certain as to the purity of

the article, you may be misled as to its strength. I have performed a

variety of experiments with strychnia on animal life. I have never

witnessed its action on a human subject. I have tried its effects upon

animal life--upon rabbits--in ten or twelve instances. The symptoms are,

on the whole, very uniform. The quantity I have given has varied from

half a grain to two grains. Half a grain is sufficient to destroy a

rabbit. I have given it both in a solid and a liquid state. When given

in a fluid state, it produces its effects in a very few minutes; when in

a solid state, as a sort of pill or bolus, in about six to eleven

minutes. The time varies according to the strength of the dose, and also

to the strength of the animal.

In what way does it operate, in your opinion?--It is first absorbed into

the blood, then circulated through the body, and especially acts on the

spinal cord, from which proceed the nerves acting on the voluntary

muscles.

Supposing the poison to have been absorbed, what time would you give for

the circulating process?--The circulation of the blood through the whole

system is considered to take place about once in four minutes. The

circulation in animals is quicker. The absorption of the poison by

rabbits is therefore quicker. The time would also depend on the

stomach,--whether it contained much food or not,--whether the poison

came into immediate contact with the inner surface of the stomach.

In your opinion, does the poison act immediately on the nervous system,

or must it first be absorbed? It must first be absorbed.

The symptoms, you say, are uniform. Will you describe them?--The animal,

for about five or six minutes, does not appear to suffer, but moves

about gently; when the poison begins to act it suddenly falls on its

side, there is a trembling, a quivering motion, of the whole of the

muscles of the body, arising from the poison producing violent and

involuntary contraction. There is then a sudden paroxysm or fit, the

fore legs and the hind legs are stretched out, the head and the tail are

drawn back in the form of a bow, the jaws are spasmodically closed, the

eyes are prominent; after a short time there is a slight remission of

the symptoms, and the animal appears to lie quiet, but the slightest

noise or touch reproduces another convulsive paroxysm; sometimes there

is a scream, or a sort of shriek, as if the animal suffered from pain;

the heart beats violently during the fit, and after a succession of

these fits the animal dies quietly. Sometimes, however, the animal dies

during a spasm, and I only know that death has occurred from holding my

hand over the heart. The appearances after death differ. In some

instances the rigidity continues. In one case, the muscles were so

strongly contracted for a week afterwards, that it was possible to hold

the body by its hind legs stretched out horizontally. In an animal

killed the other day the body was flaccid at the time of death, but

became rigid about five minutes afterwards. I have opened the bodies of

animals thus destroyed.

Could you detect any injury in the stomach?--No. I have found in some

cases congestion of the membranes of the spinal cord to a greater extent

than would be accounted for by the gravitation of the blood. In other

cases I have found no departure from the ordinary state of the spinal

cord and the brain. I ascribe congestion to the succession of fits

before death. In a majority of instances, three out of five, I found no

change in the abnormal condition of the spine. In all cases the heart

has been congested, especially the right side. I saw a case of ordinary

tetanus in the human subject years ago, but I have not had much

experience of such cases. I saw one case last Thursday week at St.

Bartholomew’s Hospital. The patient recovered.

You have heard the descriptions given by the witnesses of the symptoms

and appearances which accompanied Cook’s attacks?--I have.

Were those symptoms and appearances the same as those you have observed

in the animals to which you administered strychnine?--They were. Death

has taken place in the animals more rapidly when the poison has been

administered in a fluid than in a solid form. They have died at various

periods after the administration of the poison. The experiments I have

performed lately have been entirely in reference to solid strychnine. In

the first case the symptoms began in seven minutes, and the animal died

(including those seven) in thirteen minutes. In the second case the

symptoms appeared in nine minutes, and the animal died in seventeen. In

the third case the symptoms appeared in ten minutes, and the animal died

in eighteen. In the fourth case the symptoms appeared in five minutes,

and death took place in twenty-two. In the fifth case the symptoms

appeared in twelve minutes, and death occurred in twenty-three. If the

poison were taken by the human subject in pills it would take a longer

time to act, because the structure of the pill must be broken up in

order to bring the poison in contact with the mucous membrane of the

stomach. I have administered it to rabbits in pills.

Would poison given in pills take a longer period to operate on a human

subject than on a rabbit?--I do not think we can draw any inference from

a comparison of the rapidity of death in a human subject and in a

rabbit. The circulation and absorption are different in the two cases.

There is also a difference between one human subject and another. The

strength of the dose, too, would make a difference, as a large dose

would produce a more rapid effect than a small one. I have experimented

upon the intestines of animals, in order to reproduce the strychnia. The

process consists in putting the stomach and its contents in alcohol,

with a small quantity of acid, which dissolves the strychnia, and

produces sulphate of strychnia in the stomach. The liquid is then

filtered, gently evaporated, and an alkali added--carbonate of potash,

which, mixed with a small quantity of sulphuric acid, precipitates the

strychnia. Tests are applied to the strychnia, or supposed strychnia,

when extracted. Strychnia has a peculiar strongly bitter taste. It is

not soluble in water, but it is in acids and in alcohol. The colouring

tests are applied to the dry residue after evaporation. Change of colour

is produced by a mixture of sulphuric acid and bi-chromate of potash. It

produces a blue colour, changing to violet and purple, and passing to

red; but colouring tests are very fallacious, with this exception--when

we have strychnine separated in its crystallised state we can recognise

the crystals by their form and their chemical properties, and, above

all, by the production of tetanic symptoms and death when administered

through a wound in the skin of animals.

Are there other vegetable substances from which, if these colouring

tests were applied, similar colours would be obtained?--There are a

variety of mixtures which produce similar colours. One of them has also

a bitter taste like strychnia. Vegetable poisons are more difficult of

detection, by chemical process, than mineral poisons; the tests are far

more fallacious. I have endeavoured to discover the presence of

strychnine in animals I have poisoned in four cases, assisted by Dr.

Rees. I have applied the process which I first described. I have then

applied the tests of colouring and of taste.

Were you able to satisfy yourself of the presence of strychnia?--In one

case I discovered some by the colour test. In a second case there was a

bitter taste, but no other indication of strychnia. In the other two

cases there were no indications at all of strychnia. In the case where

it was discovered by a colour test two grains had been administered; and

in the second case where there was a bitter taste, one grain. In one of

the cases where we failed to detect it one grain, and in the other half

a grain had been given.

How do you account for the absence of any indication of strychnia in

cases where you know it was administered?--It is absorbed into the

blood, and is no longer in the stomach. It is in a great part changed in

the blood.

How do you account for its presence when administered in large

doses?--There is a retention of some in excess of what is required for

the destruction of life.

Supposing a _minimum_ dose, which will destroy life, has been given,

could you find any?--No. It is taken up by absorption, and is no longer

discoverable in the stomach. The smallest quantity by which I have

destroyed the life of an animal is half a grain. There is no process

with which I am acquainted by which it can be discovered in the tissues.

As far as I know, a small quantity cannot be discovered.

Suppose half a grain to be absorbed into the blood, what proportion does

it bear to the total quantity of blood circulated in the

system?--Assuming the system to contain the lowest quantity of blood,

25lbs., it would be 1-50th of a grain to a pound of blood. A physician

once died from a dose of half a grain in twenty minutes. I believe it

undergoes some partial change in the blood, which increases the

difficulty of discovering it. I never heard of its being separated from

the tissues in a crystallised state. The crystals are peculiar in form,

but there are other organic crystallised substances like them, so that a

chemist will not rely on the form only. After the _post-mortem_

examination of Cook a portion of the stomach was sent to me. It was

delivered to me by Mr. Boycott, in a brown stone jar, covered with

bladder, tied, and sealed. The jar contained the stomach and the

intestines. I have experimented upon them with a view to ascertain if

there was any poison present.

What poisons did you seek for in the first instance?--Various,--prussic

acid, oxalic acid, morphia, strychnia, veratria, tobacco poison,

hemlock, arsenic, antimony, mercury, and other mineral poisons.

Did you find any of them?--We only found small traces of antimony.

Were the parts upon which you had to operate in your search for

strychnia in a favourable condition?--The most unfavourable that could

possibly be. The stomach had been completely cut from end to end, all

the contents were gone, and the fine mucous surface, on which any

poison, if present, would have been found, was lying in contact with the

outside of the intestines--all thrown together. The inside of the

stomach was lying in the mass of intestinal feculent matter.

That was the fault or misfortune of the person who dissected?--I presume

it was; but it seemed to have been shaken about in every possible way in

the journey to London. The contents of the intestines were there, but

not the contents of the stomach, in which and on the mucous membrane I

should have expected to find poison. By my own request other portions of

the body were sent up to me,--namely, the spleen, the two kidneys, and a

small bottle of blood. They were delivered to me by Mr. Boycott. We had

no idea whence the blood had been taken. We analysed all. We searched in

the liver and one of the kidneys for mineral poison. Each part of the

liver, one kidney, and the spleen, all yielded antimony. The quantity

was less in proportion in the spleen than in the other parts. It was

reproduced, or brought out, by boiling the animal substance in a mixture

of hydrochloric acid and water. Gall and copper-water were also

introduced, and the antimony was found deposited on the copper. We

applied various tests to it--those of Professor Brandt, of Dr. Rees, and

others. I detected some antimony in the blood. It is impossible to say

with precision how recently it had been administered; but I should say

within some days. The longest period at which antimony can be found in

the blood after death is eight days; the earliest period at which it has

been found after death, within my own knowledge is eighteen hours. A boy

died within eighteen hours after taking it, and it was found in the

liver. Antimony is usually given in the form of tartar emetic; it acts

as an irritant, and produces vomiting. If given in repeated doses a

portion would find its way into the blood and the system beyond what was

ejected. If it continued to be given after it had produced certain

symptoms it would destroy life. It may, however, be given with impunity.

I heard the account given by the female servants of the frequent

vomiting of Mr. Cook, both at Rugeley and at Shrewsbury, and also the

evidence of Mr. Gibson and Mr. Jones as to the predominant symptoms in

his case. Vomitings produced by antimony would cause those symptoms. If

given in small quantities sufficient to cause vomiting it would not

affect the colour of the liquid in which it was mixed, whether brandy,

wine, broth, or water. It is impossible to form an exact judgment as to

the time when the antimony was administered, but it must have been

within two or three weeks, at the outside before death. There was no

evidence that any had been given within some hours of death. It might

leave a sensation in the throat--a choking sensation--if a large

quantity was taken at once. I found no trace of mercury during the

analysis. If a few grains had been taken recently before death I should

have expected to find some trace. If a man had taken mercury for a

syphilitic affection within two or three weeks I should have expected to

find it. It is very slow in passing out of the body. As small a quantity

as three or four grains might leave some trace. I recollect a case in

which three grains of calomel were given three or four hours before

death, and traces of mercury were found. Half a grain three or four days

before death, if favourably given, and not vomited, would, I should

expect, leave a trace. One grain would certainly do so. I heard the

evidence as to the death of Mrs. Smyth, Agnes French, and the other lady

mentioned, and also as to the attack of Clutterbuck.

From your own experience in reference to strychnine, do you coincide in

opinion with the other witnesses, that the deaths in those cases were

caused by strychnine?--Yes.

Did the symptoms in Cook’s case appear to be of a similar character to

the symptoms in those cases?--They did.

As a professor of medical science, do you know any cause in the range of

human disease except strychnine to which the symptoms in Cook’s case can

be referred?--I do not.

Cross-examined by Mr. Serjeant SHEE: I mean by the word “trace” a very

small quantity, which can hardly be estimated by weight. I do not apply

it in the sense of an imponderable quantity. In chemical language it is

frequently used in that sense. An infinitesimal quantity would be called

“a trace.” The quantity of antimony that we discovered in all parts of

the body would make up about half a grain. We did not ascertain that

there was that quantity, but I will undertake to say that we extracted

as much as half a grain. That quantity would not be sufficient to cause

death. Only arsenic or antimony could have been deposited, under the

circumstances, on the copper, and no sublimate of arsenic was obtained.

[The witness, in reply to a further question, detailed the elaborate

test which he had applied to the deposit, in order to ascertain that it

consisted of antimony.]

Would a mistake in any one of the processes you have described, or a

defect in any of the materials you used, defeat the object of the

test?--It would, but all the materials I used were pure. Such an

accident could not have happened without my having some intimation of it

in the course of the process. I should think antimony would operate more

quickly upon animals than upon men. I am acquainted with the works of

Orfila. He stood in the highest rank of analytical chemists.

Did not Orfila find antimony in a dog four months after injection?--Yes;

but the animal had taken about 45 grains.

Mr. Serjeant SHEE called the attention of the witness to a passage in

Orfila’s work in reference to that case, to the effect that the antimony

was found accumulating in the bones, the liver contained a great deal,

and the tissues a very little.

Witness: Yes; when antimony has been long in the body it passes into the

bones; but I think you will find that these are not Orfila’s

experiments. Orfila is quoting the experiments of another person.

But is not that the case with nearly all the experiments referred to in

your own book?--No; I cannot say that.

Mr. Serjeant SHEE again referred to a case in _Orfila_, in which

forty-five grains were given to a dog, and three and a-half months after

death a quantity was found in the fat, and some in the liver, bones, and

tissues.

Witness: That shows that antimony gets into the bones and flesh, but I

never knew a case in which forty-five grains had been given, and I have

given no opinion upon such a case.

A pretty good dose is required to poison a person, I suppose?--That

depends on the mode in which it is given. A dog has been poisoned with

six grains. The dog died in the case you mentioned. When antimony is

administered, as it was in that case, the liver becomes fatty and

gristled. Cook’s liver presented no appearance of the sort. I should

infer that the antimony we found in Cook’s body was given much more

recently than in the experiments you have described. We cannot say

positively how long it takes to get out of the body, but I have known

three grains cleared out in twenty-four hours. I was first applied to in

this case on Thursday the 27th of November, by Mr. Stevens, who was

introduced to me by Mr. Warrington, Professor of Chemistry. Either then

or subsequently he mentioned Mr. Gardner. I had not known Mr. Gardner

before. I had never before been concerned in cases of this kind at

Rugeley.

Mr. Serjeant SHEE read the letter written by Dr. Taylor to Mr.

Gardner:--

“Chemical Laboratory, Guy’s Hospital, Dec. 4, 1855.

“Re J. P. Cook, Esq., deceased.

“Dear Sir,--Dr. Rees and I have completed the analysis to-day. We

have sketched a report, which will be ready to-morrow or next day.

“As I am going to Durham Assizes on the part of the Crown, in the

case of Reg. v. Wooler, the report will be in the hands of Dr.

Rees, No. 26, Albemarle-street. It will be most desirable that Mr.

Stevens should call on Dr. Rees, read the report with him, and put

such questions as may occur.

“In reply to your letter received here this morning, I beg to say

that we wish a statement of all the medicines prescribed for

deceased (until his death) to be drawn up and sent to Dr. Rees.

“We do not find strychnine, prussic acid, or any trace of opium.

From the contents having been drained away, it is now impossible to

say whether any strychnine had or had not been given just before

death; but it is quite possible for tartar emetic to destroy life

if given in repeated doses; and, so far as we can at present form

an opinion, in the absence of any natural cause of death, the

deceased may have died from the effects of antimony in this or some

other form.

“We are, dear Sir, yours faithfully,

“ALFRED S. TAYLOR.

“G. OWEN REES.”

Was that your opinion at the time?--It was. We could infer nothing else.

Have you not said that the quantity of antimony you found was not

sufficient to account for death?--Certainly. If a man takes antimony he

first vomits, and then a part of the antimony goes out of the body; some

may escape from the bowels. A great deal passes at once into the blood

by absorption, and is carried out by the urine.

Can you say upon your oath that from the traces in Cook’s body you were

justified in stating your opinion that death was caused by

antimony?--Yes perfectly and distinctly. That which is found in a dead

body is not the slightest criterion as to what the man took when he was

alive.

When you gave your opinion that Cook died from the effects of antimony

had you any reason to think that an undue quantity had been

administered?--I could not tell. People may die from large or small

quantities; the quantity found in the body was no criterion as to how

much he had taken.

May not the injudicious use of a quack medicine containing antimony, the

injudicious use of James’s powders, account for the antimony you found

in the body?--Yes; the injudicious use of any antimonial medicine would

account for it.

Or even their judicious use?--It might.

With that knowledge, upon being consulted with regard to Cook, you gave

it as your opinion that he died from the poison of antimony?--You

pervert my meaning entirely. I said that antimony in the form of tartar

emetic might occasion vomiting and other symptoms of irritation, and

that in large doses it would cause death, preceded by convulsions. [The

witness was proceeding to read his report upon the case, but was stopped

by the Court.] I was told that the deceased was in good health seven or

eight days before his death, and that he had been taken very sick and

ill, and had died in convulsions. No further particulars being given us,

we were left to suppose that he had not died a natural death. There was

no natural cause to account for death, and finding antimony existing

throughout the body, we thought it might have been caused by antimony.

An analysis cannot be made effectually without information.

You think it necessary before you can rely upon an analysis to have

received a long statement of the symptoms before death?--A short

statement will do.

You allow your judgment to be influenced by the statement of a person

who knows nothing of his own knowledge?--I do not allow my judgment to

be influenced in any way; I judge by the result.

Do you mean to state that what Mr. Stevens told you did not assist you

in arriving at the conclusion you state in writing?--I stated it as a

possible case, not as a certainty. If we had found a very large quantity

of tartar emetic in the stomach, we should have come to the conclusion

that the man had died from it; as we found only a small quantity, we

said he might have died from it. I attended the inquest on the body of

Mr. Cook. I think I first attended on the 14th of December. Some of the

evidence was read over to me. I think that Dr. Harland was the first

witness I heard examined. I heard Mr. Bamford examined, and also Lavinia

Barnes. I cannot say as to Newton. I heard Jones. I had experimented

some years ago on five of the rabbits I have mentioned; that is about

twenty-three years ago. That is the only knowledge of my own that I had

of the effect of strychnia upon animal life. I have a great objection to

the sacrifice of life. No toxicologist will sacrifice the lives of a

hundred rabbits to establish facts which he knows to be already well

established. I experimented upon the last rabbits since the inquest.

Do you not think that is a very slight experiment?--You must add to

experiment the study of poisons and cases.

Do not you think that a rabbit is a very unfair animal to select?--No.

Would not a dog be much better?--Dogs are very dangerous to handle. (A

laugh.)

Do you mean to give that answer?--Dogs and cats bear a greater analogy

to man because they vomit, while rabbits do not, but rabbits are much

more manageable.

Mr. Serjeant SHEE: I will take your answer that you are afraid of dogs.

Witness: After the experiments I have tried with dogs and cats, I have

no inclination to go on.

Do you admit that as to the action of the respiratory organs they would

be better than rabbits?--I do not.

As to the effect of the poison would they not?--I think a rabbit is

quite as good as any animal. The poison is retained and its operation is

shown. At the inquest I saw Mr. Gardner. I suggested questions to the

coroner. Some of them he put to the witnesses, and others they answered

upon my suggestion of them. Ten days before the inquest Mr. Gardner

informed me, in his letter, that strychnia, Batley’s solution, and

prussic acid had been purchased on the Tuesday; that is why I used the

expressions to which you have referred. We did not allow that

information to have any influence upon our report.

At the request of Mr. Serjeant SHEE, the deposition of this witness

taken at the coroner’s inquest was read by the Clerk of Arraigns.

Cross-examination continued: Having given my evidence I returned to

town, and soon afterwards heard that the prisoner had been committed on

a charge of wilful murder.

And that his life depended in a great degree upon you?--No; I simply

gave an opinion as to the poison, not as to the prisoner’s case. I knew

that I should probably be examined as a witness upon this trial.

Do you think it your duty to abstain from all public discussion of the

question which might influence the public mind?--Yes.

Did you write a letter to the _Lancet_?--Yes, to contradict several

misstatements of my evidence which had been made.

This letter, which appeared in the _Lancet_ of February 2, 1856, was put

in by Mr. Serjeant Shee and read by the Cleric of Arraigns. The

principal part of the letter referred to the case of Mrs. Ann Palmer;

the concluding paragraph, for which Mr. Serjeant Shee stated that he

desired it should be read, was as follows:--

“During the quarter of a century which I have now specially devoted

to toxicological inquiries, I have never met with any cases like

these suspected cases of poisoning at Rugeley. The mode in which

they will affect the person accused is of minor importance compared

with their probable influence on society. I have no hesitation in

saying that the future security of life in this country will mainly

depend on the judge, the jury, and the counsel who may have to

dispose of the charges of murder which have arisen out of these

investigations.”

Cross-examination continued: That is my opinion now. It had been stated

that if strychnia caused death it could always be found, which I deny.

It had also been circulated in every newspaper that a person could not

be killed by tartar emetic, which I deny, and which might have led to

the destruction of hundreds of lives. I entertain no prejudice against

the prisoner. What I meant was that if these statements which I have

seen in medical and other periodicals were to have their way, there was

not a life in the country which was safe.

Do you adhere to your opinion that “the mode in which they will affect

the person accused,” that is, lead him to the scaffold, “is of minor

importance, compared with their probable influence on society?”--I have

never suggested that they should lead him to the scaffold. I hope that,

if innocent, he will be acquitted.

What do you mean by “the mode in which they will affect the person

accused being of minor importance?”--The lives of 16,000,000 of people

are, in my opinion, of greater importance than that of one man.

That is your opinion?--Yes. As you appear to put that as an objection to

my evidence, allow me to state that in two dead bodies I find antimony.

In one case death occurred suddenly, and in the other the body was

saturated with antimony, which I never found before in the examination

of 300 bodies. I say these were circumstances which demanded

explanation.

You adhere to the opinion that, as a medical man and a member of an

honourable profession, you were right in publishing this letter before

the trial of the person accused?--I think I had a right to state that

opinion in answer to the comments which had been made upon my evidence.

Had any comments been made by the prisoner?--No.

Or by any of his family?--Mr. Smith, the solicitor for the defence,

circulated in every paper statements of “Dr. Taylor’s inaccuracy.” I had

no wish or motive to charge the prisoner with this crime. My duty

concerns the lives of all.

Do you know Mr. Augustus Mayhew, the editor of the _Illustrated

Times_?--I have seen him once or twice.

Did you allow pictures of yourself and Dr. Rees to be taken for

publication?--Be so good as to call them caricatures. No; I did not.

Mr. Serjeant SHEE: There may be a difference of opinion as to that. I

think it is very like.

Did you receive Mr. Mayhew at your house?--He came to me with a letter

of introduction from Professor Faraday. I never received him in my

laboratory.

Did you know that he called in order that you might afford him

information for an article in the _Illustrated Times_?--I swear solemnly

I did not. The publication of that article was the most disgraceful

thing I ever knew. I had never seen him before, nor did I know that he

was the editor of the _Illustrated Times_.

“On your oath?--On my oath. It was the greatest deception that was ever

practised on a scientific man. It was disgraceful. He called on me in

company with another gentleman, with a letter from Professor Faraday. I

received him as I should Professor Faraday, and entered into

conversation with him about these cases. He represented, as I

understood, that he was connected with an insurance company, and wished

for information about a number of cases of poisoning which had occurred

during many years. After we had conversed about an hour he asked if

there was any objection to the publication of these details. Still

believing him to be connected with an insurance-office, I replied that,

so far as the correction of error was concerned, I should have no

objection to anything appearing. On that evening he went away without

telling me that he was the editor of the _Illustrated Times_, or

connected with any other paper. I did not know that until he called upon

me on Thursday morning, and showed me the article in print. I

remonstrated verbally with him. He only showed me part of a slip. I told

him I objected to its publication, and struck out all that I saw

regarding these cases. He afterwards put the article into the shape in

which it appeared. I could not prevent his publishing the results of our

conversation on points not connected with these cases.”

You did permit him to publish part of the slip?--Nothing connected with

the Rugeley cases.

Did he show you the slip of “Our interview with Dr. A. Taylor?”--I do

not remember seeing that. I will swear that, to the best of judgment and

belief, he did not. He showed me a slip containing part of what appeared

in that article. I struck out all which referred to the Rugeley cases. I

thought I had been deceived. A person came with a letter of introduction

from a scientific man and extracted information from me.

Why did you not tell your servant to show him the door?--Until we had

had the conversation I did not know anything about the deception. It was

not until the Thursday morning that I knew he was connected with a

paper. He told me it was an illustrated paper.

Did you correct what he showed you?--I struck out some portions.

And allowed the rest to be published?--I said I had nothing to do with

it, but I objected to its publication.

Peremptorily?--No; I said, “I do not like this mode of putting the

matter. I cannot, however, interfere with what you put into your

journal.”

Did you not protest as a gentleman, a man of honour, and a medical man

that it was wrong and objectionable to do it?--I told him that I

objected to the parts which referred to the Rugeley cases. It was most

dishonourable.

Did you not know that in the month of February an interview with Dr.

Taylor on the subject of poison must be taken to apply to those

cases?--I did not think anything about it. I thought it was a great

cheat to extract from me that information. Mr. Mayhew was with me about

twenty minutes or half an hour on the Thursday morning. I remonstrated

with him. I was not angry with him in the sense of quarrelling.

Did you allow him to publish this--“Dr. Taylor here requested us to

state that, although the practice of secret poisoning appeared to be on

the increase, it should be remembered that by analysis the chemist could

always detect the presence of poison in the body?”--I did not request

him to state anything of the kind. I do not remember whether that was on

the slip. Had I seen it, I should have struck it out. I remember seeing

on the slip, “And that when analysis fails, as in cases where small

doses of strychnia had been administered, physiology and pathology would

invariably suffice to establish the cause of death.” I did not strike

that out. I did not think of it circulating among the class of persons

from whom jurors would be selected. I think the public ought to know

that chemical analyses are not the only tests on which they can rely. I

don’t remember the passage--“Murder by poison could be detected as

readily as murder in any other form, while the difficulty of detecting

and convicting the murderer was felt in other cases as well as in those

where poison was employed.” The article has been very much altered. It

was a disgraceful thing. I have not seen Mr. Mayhew since. Seeing in

_The Times_ an advertisement, stating that this information had been

given by me, I wrote to him demanding its withdrawal, and that demand

was complied with. That was on the Thursday or Friday.

Did you say to a gentleman named Cook Evans, that you would give them

strychnia enough before they had done, or words to that effect?--No; I

do not know the person.

Or to any one?--No. I never used any expression so vulgar and improper.

You have been greatly misinstructed.

Or, “He will have strychnia enough before I have done with him?”--It is

utterly false. The person who suggested that question to you, Mr.

Johnson, has been guilty of other falsehoods. In the letter to Sir

George Grey, and on other occasions, he has misrepresented my statements

and evidence.

What did you do with the medical report to which you referred?--It was a

private letter from Dr. Harland to Mr. Stevens.

Mr. Justice CRESSWELL: It was memoranda made by Dr. Harland at the time.

Cross-examination continued: Cook’s symptoms were quite in accordance

with an ordinary case of poisoning by strychnia.

Can you tell me of any case in which a patient, after being seized with

tetanic symptoms, sat up in bed and talked?--It was after he sat up that

Cook was seized with those symptoms.

Can you refer to a case in which a person who had taken strychnia beat

the bed with his or her arms?--It is exactly what I should expect to

arise from a sense of suffocation.

Do you know any case in which the symptoms of poisoning by strychnia

commenced with this beating of the bed-clothes?--There have been only

about fifteen cases, and in none of those was the patient seized in bed.

Beating of the bed-clothes is a symptom which may be exhibited by a

person suffering from a sense of suffocation, whether caused by

strychnia or other causes. A case has been communicated to me by a

friend, in which the patient shook as though he had the ague.

Mr. Serjeant SHEE objected to this last answer, but as the learned

Serjeant had been questioning the witness as to the results of his

reading,

The COURT ruled that the evidence was admissible.

Cross-examination continued: I have known of no case of poisoning by

strychnia in which the patient screamed before he was seized. That is

common in ordinary convulsions. In cases of poisoning by strychnia the

patient screams when the spasms set in; the pain is very severe. I

cannot refer to a case in which the patient has spoken freely after the

paroxysms had commenced.

Can you refer me to any case in an authentic publication in which the

access of the strychnia paroxysm has been delayed so long after the

ingestion of the poison, as in the case of Cook on the Tuesday

night?--Yes, longer. In my book on medical jurisprudence, page 185 of

the 5th edition, it is stated that in a case communicated to the

_Lancet_, August 31, 1850, by Mr. Bennett, a grain and a half of

strychnia, taken by mistake, destroyed the life of a healthy young

female in an hour and a-half. None of the symptoms appeared for an hour.

There is a case in which the period which elapsed was two hours and

a-half. It was not a fatal case, but that does not affect the question.

A grain and a-half is a full, but not a very considerable dose. In my

book on poisons there is no case in which the paroxysms commenced more

than half an hour after the ingestion of the poison. That book is eight

years old, and since 1848 cases have occurred. There is a mention of one

in which three hours elapsed before the paroxysms occurred.

Mr. Serjeant SHEE then referred to this case, and called attention to

the fact that the only statement as to time was that in three hours the

patient lost his speech, and at length was seized with violent tetanic

convulsions.

Cross-examination continued: I know of no other fatal case in which the

interval was so long. In that case there was disease of the brain.

Referring to the _Lancet_, I find that in the case to which I referred,

as communicated by Dr. Bennett, the strychnia was dissolved in cinnamon

water. Being dissolved, one would have expected it to have a more speedy

action. The time in which a patient would recover would depend entirely

upon the dose of strychnia which had been taken. I do not remember any

case in which a patient recovered in three or four hours, but such cases

must have occurred. There is one mentioned in my book on medical

jurisprudence. The patient had taken nux vomica, but its powers depend

upon strychnia. In that case the violence of the paroxysms gradually

subsided, and the next day, although feeble and exhausted, the patient

was able to walk home. The time of the recovery is a point which is not

usually stated by medical men. I cannot mention any case in which there

was a repetition of the paroxysms after so long an interval as that from

Monday to Tuesday night, which occurred in Cook’s case. I do not think

that the attack on Tuesday night was the result of anything which had

been administered to him on the Monday night. In the cases of four out

of five rabbits, the spasms were continued at the time of death and

after death. In the other the animal was flaccid at the time of death.

Are you acquainted with this opinion of Dr. Christison, that in these

cases rigidity does not come on at the time of death, but comes on

shortly afterwards?--Dr. Christison speaks from his experience, and I

from mine.

Did you hear that Dr. Bamford said, that when he arrived he found the

body of Cook quite straight in bed?--Yes.

Can that have been a case of ophisthotonos?--It may have been.

Are not the colour tests of strychnia so uncertain and fallacious that

they cannot be depended upon?--Yes, unless you first get the strychnia

in a visible and tangible form.

Is it not impossible to get it so from the stomach?--It is not

impossible; it depends upon the quantity which remains there.

You do not agree that the fiftieth part of a grain might be

discovered?--I think not.

Nor even half a grain?--That might be. It would depend upon the quantity

of food in the stomach with which it was mixed.

Re-examined by the ATTORNEY-GENERAL: In case of death from strychnia the

heart is sometimes found empty after death. That is the case of human

subjects. There are three such cases on record. I think that emptiness

results from spasmodic affection of the heart. I know of no reason why

that should rather occur in the case of man than in that of a small

animal like a rabbit. The heart is generally more filled when the

paroxysms are more frequent. When the paroxysm is short and violent, and

causes death in a few moments, I should expect to find the heart empty.

The rigidity after death always affects the same muscles--those of the

limbs and back. In the case of the rabbit, in which the rigidity was

relaxed at the time of death, it returned while the body was warm. In

ordinary death it only appears when the body is cold, or nearly so. I

never knew a case of tetanus in which the rigidity lasted two months

after death; but such a fact would give me the impression that there

were very violent spasms. It would indicate great violence of the spasms

from which the person died. The time which elapses between the taking of

strychnia and the commencement of the paroxysms depends on the

constitution and strength of the individual. A feeling of suffocation is

one of the earliest symptoms of poisoning by strychnia, and that would

lead the patient to beat the bed-clothes. I have no doubt that the

substances I used for the analysis were pure. I had tested them. The

fact that in three distinct processes each gave the same result, was

strong confirmation of each. I have no doubt that what we found was

antimony. The quantity found does not enable me to say how much was

taken. It might be the residue of either large or small doses. Sickness

would throw off some portion of the antimony, which had been

administered. We did not analyse the bones and tissues.

Why did you suggest questions to the coroner?--He did not put questions

which enabled me to form an opinion. I think that arose rather from want

of knowledge than from intention. There was an omission to take down the

answers. I made no observation upon that subject. At the time I wrote to

Mr. Gardner I had not learnt the symptoms which attended the attack and

death of Cook. I had only the information that he was well seven days

before he died, and had died in convulsions. I had no information which

could lead me to suppose that strychnia had been the cause of death,

except that Palmer had purchased strychnia. Failing to find opium,

prussic acid, or strychnia, I referred to antimony, as the only

substance found in the body. Before writing to the _Lancet_, I had been

made the subject of a great many attacks. What I said as to the

possibility or impossibility of discovering strychnia after death had

been misrepresented. In various newspapers it had been represented that

I had said that strychnia could never be detected--that it was destroyed

by putrefaction. What I said was, that when absorbed into the blood it

could not be separated as strychnia. I wrote the letter for my own

vindication.

Dr. G. O. REES, examined by Mr. E. JAMES, Q.C., said: I am Lecturer on

Materia Medica at Guy’s Hospital, and I assisted Dr. Taylor in making

the _post-mortem_ examination referred to by that gentleman; and he has

most correctly stated the result. I was present during the whole time,

and at the discovery of the antimony. I am of opinion that it may have

been administered within a few days, or a few hours, of Mr. Cook’s

death. All the tests we employed failed to discover the presence of

strychnia. The stomach was in a most unfavourable state for examination;

it was cut open, and turned inside out; its mucous surface was lying

upon the intestines, and the contents of the stomach, if there had been

any, must have been thrown among the intestines, and mixed with them.

These circumstances were very unfavourable to the hope of discovering

strychnia. I agree with Dr. Taylor as to the manner in which strychnia

acts upon the human frame, and I am of opinion that it may be taken,

either by accident or design, sufficient to destroy life, and no trace

of it be found after death. I was present at the experiments made by Dr.

Taylor upon the animals, and at the endeavour to detect it in the

stomachs afterwards. We failed to do so in three cases out of four. The

symptoms accompanying the death of the animals were very similar to

those described in the case of Mr. Cook. I have heard the cases that

have been mentioned in this Court, and the symptoms in every one of them

are analogous to those in the case of Mr. Cook.

Cross-examined by Mr. GROVE, Q.C.: I did not see either of the animals

reject any portion of the poison; but I heard that in one case the

animal did reject a portion. I have no facts to state upon which I

formed the opinion that the poison acts by absorption.

Professor BRANDE, examined by Mr. WELSBY: I am Professor of Chemistry at

the Royal Institution. I was not present at the analysis of the liver,

spleen, &c., of the deceased; but the report of Dr. Taylor and Dr. Rees

was sent to me for my inspection afterwards. I was present at one of the

analyses. We examined in the first place the action of copper upon a

very weak solution of antimony, and we ascertained that there was no

action until the solution was slightly acidified by muriatic acid and

heated. The antimony was then deposited, and I am enabled to state

positively that the deposit was antimony.

By the ATTORNEY-GENERAL: The experiment I refer to was made for the

purpose of testing the accuracy of the test that had already been

applied, and it was perfectly satisfactory.

Professor CHRISTISON said: I am a Fellow of the Royal College of

Physicians, and Professor of Materia Medica to the University of

Edinburgh; I am also the author of a work on the subject of poisons, and

I have directed a good deal of attention to strychnia. In my opinion,

it acts by absorption into the blood, and through that upon the nervous

system. I have seen its effects on a human subject, but not a fatal

case. I have seen it tried upon pigs, rabbits, cats, and one wild boar.

(A laugh.) I first directed my attention to this poison in 1820, in

Paris. It had been discovered two years before in Paris. In most of my

experiments upon animals I gave very small doses--a sixth of a grain;

but I once administered a grain. I cannot say how small a dose would

cause the death of an animal by administration into the stomach. I

generally applied it by injection through an incision in the cavity of

the chest. A sixth part of a grain so administered killed a dog in two

minutes. I once administered to a rabbit, through the stomach, a dose of

a grain. I saw Dr. Taylor administer three-quarters of a grain to a

rabbit, and it was all swallowed, except a very small quantity. The

symptoms are nearly the same in rabbits, cats, and dogs. The first is a

slight tremor and unwillingness to move; then frequently the animal

jerks its head back slightly; soon after that all the symptoms of

tetanus come on, which have been so often described by the previous

witnesses. When the poison is administered by the stomach, death

generally takes place between a period of five minutes and

five-and-twenty minutes after the symptoms first make their appearance.

I have frequently opened the bodies of animals thus killed, and have

never been able to trace any effect of the poison upon the stomach or

intestines, or upon the spinal cord or brain, that I could attribute

satisfactorily to the poison. The heart of the animal generally

contained blood in all the cases in which I have been concerned. In the

case of the wild boar the poison was injected into the chest. A third of

a grain was all that was used, and in ten minutes the symptoms began to

show themselves. If strychnia was administered in the form of a pill, it

might be mixed with other ingredients that would protract the period of

its operation. This would be the case if it were mixed with resinous

materials, or any materials that were difficult of digestion, and such

materials would be within the knowledge of any medical men, and they are

frequently used for the purpose of making ordinary pills. Absorption in

such a case would not commence until the pill was broken down by the

process of digestion.

In the present state of our knowledge of the subject, I do not think it

is possible to fix the precise time when the operation of the poison

commences on a human subject. In the case of an animal we take care that

it is fasting, and we mix the poison with ingredients that are readily

soluble, and every circumstance favourable for the development of the

poison. I have seen many cases of tetanus arising from wounds and other

causes. The general symptoms of the disorder very nearly resemble each

other, and in all the natural forms of tetanus the symptoms begin and

advance much more slowly, and they prove fatal much more slowly, and

there is no intermission in certain forms of natural tetanus. In tetanus

from strychnia there are short intermissions. I have heard the evidence

of what took place at the Talbot Arms on the Monday and Tuesday, and the

result of my experience induces me to come to the conclusion that the

symptoms exhibited by the deceased were only attributable to strychnia,

or the four poisons containing it. [The witness gave the technical names

of the poisons he referred to.] There is no natural disease of any

description that I am acquainted with to which I could refer these

symptoms. In cases of tetanus consciousness remains to the very last

moment. When death takes place in a human subject by spasm it tends to

empty the heart of blood. When death is the consequence of the

administration of strychnia, if the quantity is small, I should not

expect to find any trace in the body after death. If there was an excess

of quantity more than was required to cause the death by absorption, I

should expect to find that excess in the stomach. The colour tests for

the detection of the presence of strychnia are uncertain. Vegetable

poisons are more difficult of detection than mineral ones, and there is

one poison with which I am acquainted for which no known test has been

discovered. The stomach of the deceased was sent in a very

unsatisfactory state for examination, and there must have been a

considerable quantity of strychnia in the stomach to have enabled any

one to detect its presence under such circumstances.

Cross-examined.--The experiments I refer to were made many years ago. In

one instance I tried one of the colour tests in the case of a man who

was poisoned by strychnia, but I failed to discover the presence of the

poison in the stomach. I tried the test for the development of the

violet colour by means of sulphuric acid and oxide of lead. From my own

observation I should say that animals destroyed by strychnia die of

asphyxia, but in my work, which has been referred to, it will be seen

that I have left the question open.

Some further questions were put to the witness by the learned counsel

for the prisoner, in reference to opinions expressed by him in his work,

and he explained that this work was written twelve years ago, and that

the experience he had since obtained had modified some of the opinions

he then entertained.

Cross-examination continued.--I have not noticed that in cases where a

patient is suffering from strychnia the slightest touch appears to bring

on the paroxysm. It is so remarkably in the case of animals, unless you

touch them very gently indeed. Strychnia has a most intensely bitter

taste. It is said, on the authority of a French chemist, that a grain

will give a taste to more than a gallon of water. If resinous substances

were used in the formation of a pill it does not follow that they would

necessarily be found in the stomach; they might be passed off.

By the ATTORNEY-GENERAL: One of the cases referred to in the work that

has been referred to was that of a game-keeper, who was found dead; his

head was thrown back, his hands were clinched, and his limbs were rigid.

A paper containing strychnia was found in his pocket, and upon a

_post-mortem_ examination there were indications which, under the

circumstances, satisfied him of the existence of strychnia. There was a

substance in the body of an intense bitter, which was tested by the

colour test, and it succeeded in one instance, but failed in another. I

have no doubt that colour-tests are not to be relied on.

The trial was then again adjourned at six o’clock, until the following

(Tuesday) morning, at ten o’clock. The jury were taken, as on the former

occasions, to the London Coffee-house, in the charge of the officers of

the court.

The Most Extraordinary Trial of William Palmer, for the Rugeley Poisonings, which lasted Twelve Days · 第 25 / 54 题