And, in detailing the origin of these convulsions, it says:--

“The most common causes are (_inter alia_), all emotions of the

mind which excite the nervous power, and determine the blood to the

head, as joy, anger, religious enthusiasm, excessive desire, &c.,

or those which greatly depress the nervous influence, as well as

diminish and derange the actions of the heart, as fear, terror,

anxiety, sadness, distressing intelligence, frightful dreams,

&c.--the syphilitic poison and repulsion of gout or rheumatism.”

Do you believe, if Dr. Taylor had read that before the inquest, that he

would have dared to say that the man died from strychnine? Is there one

single symptom in the statement made in the depositions by Elizabeth

Mills and Mr. Jones which may not be classed under one of the varieties

of convulsions which Dr. Copland describes? It is not for me to suggest

a theory; but the gentlemen whom I shall call before you--men of the

highest eminence in their profession, and not mere hospital surgeons,

who have seen nothing of this nature but traumatic tetanus--will tell

you that Mr. Cook’s symptoms were those of general convulsions, and not

of tetanus. My belief is--and I hope you will confirm it by your

verdict--that Mr. Cook’s complaint was not tetanus at all, although it

may well have been--according to the descriptions to which I shall call

your attention--some form of traumatic or idiopathic tetanus, there

being no broad, general distinction or certain confine between

idiopathic, or self-generating tetanus, and many forms of convulsions.

The tetanic form of convulsions is pretty much the same thing as

idiopathic tetanus; and when we are told by medical witnesses that they

never saw a case of idiopathic tetanus, my answer to that is that they

must have had a very limited experience. It is not a disease of very

frequent occurrence, it is true; but there are gentlemen here who have

seen cases of idiopathic tetanus, and they are by no means of that rare

occurrence which has been represented to you by the witnesses for the

prosecution. There is one gentleman here, of very large practice at

Leeds, whom I shall call before you, who attended at the bedside of Mrs.

Dove, who has himself seen four cases of idiopathic tetanus. Traumatic

tetanus very frequently occurs in hospitals--in fact, it often

supervenes upon the operations of the surgeon; but the persons to give

you correct information upon idiopathic tetanus are the general

practitioners who enjoy the confidence of families, and who have the

opportunity of visiting at their dwellings, both rich and poor, when

they are attacked by any of those convulsive diseases or fits which

heads of families and brothers and sisters are so careful not to

disclose to the world at large. Dr. Watson is a general practitioner,

and he says in his _Lectures on the Principles and Practice of Physic_,

that most cases of tetanus may be traced to one of two causes--which

are, exposure to the cold or sudden alternations of temperature, and

bodily injury. “It has been known to arise,” he says, “from causes so

slight as these,--the sticking of a fishbone in the fauces, the air

caused by a musket shot, the stroke of a whip-lash under the eye,

leaving the skin unbroken, the cutting of a corn, the biting of the

finger by a tame sparrow, the blow of a stick on the neck, the insertion

of a seton, the extraction of a tooth, the injection of a hydrocele, and

the operation of cupping.” He goes on to say that when the disease

arises from exposure to the cold or damp it comes on earlier than on

other occasions--often in a few hours--so that if the exposure takes

place in the night, the complaint may begin to manifest itself next

morning. He also says that, although tetanus may be occasioned by a

wound, independently of exposure to cold, or by exposure to cold without

bodily injury, there is good reason for thinking that in many instances

one of the causes would fail to produce it where both together would

call it forth.

Dr. Watson adds that, although the pathology of tetanus is obscure, we

may fairly come to the conclusion that the symptoms are the result of

some peculiar condition of the spinal cord, produced and kept up by

irritation of the substance, and that the brain is not involved in the

disease; the modern French writers upon the disease hold that it is an

inflammable complaint, and that it consists essentially of inflammation

of the spinal marrow. Now, who shall say that those symptoms which were

spoken to on the day of the inquest by Elizabeth Mills and Mr. Jones may

not be ranged under one of those forms of tetanus? Idiopathic tetanus is

so like general convulsions that in many cases it cannot be

distinguished from them; and to such an extent is this so that Dr.

Copland states that convulsions frequently assume a tetanic appearance.

It is true that traumatic tetanus begins in four cases out of five by a

seizure of the lower jaw; but then in the fifth case it does not so

commence; and Sir B. Brodie mentions two instances in which it began in

the limb which was wounded. Now, having gone so far, and having

endeavoured to satisfy you that the symptoms which were spoken to by

those two witnesses in their depositions may be, as I am told and

instructed that they are, rather referable to a violent description of

general convulsions than to any form of tetanus, let us proceed to

inquire whether or not the symptoms are consistent with what we know of

tetanus produced by strychnine; because, if you shall be satisfied, upon

full investigation, that they are not consistent with the symptoms,

which are the unquestionable result of strychnia tetanus, then the

hypothesis of the Crown entirely fails and John Parsons Cook can’t have

died of strychnine poison. Whether that be so or not will depend in a

great degree, as it strikes me--although, of course, that will be for

you to decide upon what you think of the evidence of Elizabeth Mills;

but, before I go to that evidence, I will call your attention to the

description of strychnia tetanus as given by two very eminent gentlemen,

Dr. Taylor and Dr. Christison, who were called for the Crown the other

day; and, if you find from their description that strychnia tetanus is a

different thing from the picture first given of the attack and paroxysms

by Elizabeth Mills and Mr. Jones, you will, I think, have great

difficulty in determining that Mr. Cook died from strychnine.

Let us first take Dr. Taylor’s description of strychnia tetanus. I am

not sure whether he stated that he had ever seen a case of strychnia

tetanus in a human subject; but we must be just to Dr. Taylor. He has

had large and extensive reading on the subject on which he writes, and

it is not to be supposed that he has set down in his book what he has

not found established upon respectable authority. Therefore, although we

have it secondhand in the book, we must suppose that Dr. Taylor knows

something of the subject. In his work upon strychnia poisoning, Dr.

Taylor says, “that in from five to twenty minutes after the poison has

been swallowed the patient is suddenly seized with tetanic symptoms

affecting the whole of the muscular system, the body becoming rigid, the

limbs stretched out, and the jaws so fixed that considerable difficulty

is experienced in introducing anything into the mouth.” But, according

to the statement of the witnesses, Mr. Cook was sitting up in bed,

beating the bedclothes, talking, frequently telling the people about him

to go for Palmer, asking for “the remedy,” and ready to swallow whatever

was given him. There was no “considerable difficulty in introducing

anything into the mouth,” and the paroxysm, instead of beginning within

“from five to twenty minutes after the poison was supposed to have been

swallowed” did not begin for an hour and a half afterwards. Dr. Taylor

further on states, “After several such attacks, increasing in severity,

the patient dies asphyxiated.” Now I submit, although there are some of

these systems in this case, as there will be in every case of violent

convulsions, that this is not a description of the case of John Parsons

Cook.

The other medical authority to whom I said I should refer is Dr.

Christison. He says that the symptoms produced by strychnine are very

uncommon and striking--the animal begins to tremble, and is seized with

stiffness and a starting of the limbs. Those symptoms increase, till at

length the animal is attacked by general spasms. The fit is then

succeeded by an interval of calm, during which the senses are impaired

or are unnaturally acute; but another paroxysm soon sets in, and then

another and another, until at last a fit occurs more violent than any

that had preceded it, and the animal perishes suffocated. Now, who can

say that that description at all tallies with the account of Mr. Cook’s

symptoms? I know exactly what Dr. Christison means by this description,

because I have had the advantage of having had several experiments

performed in my presence by Dr. Letheby, which enable me to understand

it. One of these experiments was this:--A dog had a grain of strychnine

put into his mouth, and for about 20 or 25 minutes he remained

perfectly well. Suddenly he fell down upon his side, and his legs were

stretched out in a most violent way. He was as stiff as it was possible

to be. In that state the dog remained, with an occasional jerk, for two

or three minutes. In a short time he recovered and got up, but he

appeared to be dizzy and uncomfortable, and was afraid to move. If you

touched him he shrunk and twitched, and after another minute down he

went again. He got up again and fell down again, and at last he had a

tremendous struggle, and then he died. That is what Dr. Christison means

by his description. If the dose had not been sufficient to kill the dog

it would have been longer in producing an effect; the paroxysms would

have occurred at more distant intervals, and they would have been less

and less severe until the animal recovered. But if the dose be strong

enough to kill, the interval between the paroxysms is short, and at last

one occurs which is strong enough to kill. Just before the animal dies

the limbs become as supple and free as it is possible to conceive the

limbs of an animal to be. Whichever way you put the limbs of the animal

after it is quite dead, the rigor mortis comes on after a time, and they

remain in any position in which they are placed. I saw an experiment

performed also upon two rabbits. The symptoms were substantially the

same; the limbs of both of them were quite flaccid immediately upon

death; and during the intervals between the paroxysms the animals

shuddered and were extremely “touchy.” Now, gentlemen, I will give you

my reasons for saying that, according to their own principle, as adduced

in evidence by the Crown.

Mr. Cook’s death cannot have resulted from strychnia poison. I object to

the theory of it having resulted from strychnia poison--first, on the

ground that no case can be found in the books, in which, while the

paroxysms lasted, the patient had so much command over the muscles of

animal life and voluntary motion as Mr. Cook had upon Monday and Tuesday

night. The evidence is, that he was sitting up in his bed beating the

bedclothes, calling out, and that, so far from being afraid of people

touching him, he actually asked to have his neck rubbed; and it was

rubbed. I now come to the next reason why we say that death in this case

did not result from strychnine poison; and I assert that there is no

authentic case of tetanus from strychnine in which the paroxysm was

delayed so long after the ingestion of the poison as it was in Mr.

Cook’s case. Dr. Taylor says, in page 74 of his book, that from five to

twenty minutes after the poison has been swallowed the tetanic symptoms

commence; and then, in support of this statement, he proceeds to cite a

number of cases. One young lady was “instantly deprived of the power of

walking, and fell down.” In the next case, which was that of a girl,

“tetanic symptoms came on in half an hour.” The next is a German case,

taken from the _Lancet_, and there a young man, aged 17, was “attacked

in about a quarter of an hour.” Then there is the case of Dr. Warner,

who took half a grain of sulphate of strychnine, and died in fifteen

minutes. Then there is the case of a young woman who took two or three

drachms of _nux vomica_, and died in between thirty and forty minutes.

Another case is given by Dr. Watson in his book, which he himself

observed in the Middlesex Hospital, where strychnine pills, intended for

paralytic patients, were taken by mistake. One-twelfth of a grain was

intended to be administered every six hours; but unluckily a whole grain

was given at one time, about 7 o’clock in the evening, and in half an

hour it began to exhibit its effects. Dr. Watson says, that “any attempt

at movement--even touching the patient by another person--brought on a

recurrence of the symptoms.” It is clear, then, from all these cases,

that the interval which elapsed between the supposed ingestion of the

poison and the commencement of the paroxysm was much too long--three

times too long to warrant the supposition that strychnia poison had been

taken in this case. Thirdly, I submit--and I shall prove--that there is

no case in which the recovery from a paroxysm of strychnine poison has

been so rapid as it was in Cook’s case upon Monday night, or in which a

patient has endured so long an interval of repose or exemption from its

symptoms afterwards. In this case of Mr. Cook, according to the theory

of the Crown, the paroxysms would not have been repeated at all if a

second dose had not been given. There was an end of it when Elizabeth

Mills left Palmer sleeping by the side of his friend in an arm-chair;

how easy would it have been then, if he had been so disposed, to

administer another dose, and to have hurried into Elizabeth Mill’s room,

and called out that Cook was in another fit?

Dr. Taylor says in his book, that the patient is suddenly seized with

spasms affecting the whole system, and that after several such attacks,

increasing in severity, the patient dies asphyxiated. Dr. Christison

holds precisely the same language; but I submit that here there is a

broad distinction between the case of Cook and that which these

gentlemen state to be the distinguishing feature of the disease. I now

come to the _post-mortem_ examination. Dr. Letheby was good enough to

dig up from his garden, in order that I might see it, an animal which

had been killed by strychnine, with a view to this inquiry, a month

before, and to examine the heart before me. The heart of that animal was

quite full. The heart also of the dog that was killed in my presence was

quite full, and so were the hearts of both the rabbits that I saw

killed. Now, I am told by a gentleman, whom I shall call before you, who

is not afraid of dogs--and remember that this is rather a matter for

experiment than of theory,--I am told that the result of an enormously

large proportion of such examinations--and, indeed, of all of them if

they be properly conducted--is, that the heart is invariably full. At

the same time, I am told that if the examiners do the thing clumsily,

they may contrive to get an empty heart. If there be any doubt in your

minds, however, as to the heart being full in these cases, I hope that

some morning you will desire that a reasonable number of animals should

be brought into one of the yards here, and that you will see them die by

strychnine, and examine their hearts, and form an opinion for

yourselves. I have now discussed what may be said to be the theory of

these matters; but I have not yet met the strong point which was made by

the Crown of the evidence of Elizabeth Mills. I, upon all occasions, am

most reluctant to attack a witness who is examined upon his or her oath,

and particularly if he be in a humble position of life. I am very

reluctant to impute perjury to such a person; and I think that a man who

has been as long in the profession as I have been must, in most cases,

be put a little to his wits’ end when he rushes upon the assumption that

a person whose statements have, after a considerable lapse of time,

materially varied, is therefore necessarily, deliberately perjured.

The truth is, we know perfectly well that if a considerable interval of

time occurs between the first story and the second story, and if the

intelligent and respectable persons who are anxious to investigate the

truth, but who still have a strong moral conviction--upon imperfect

information--of the guilt of an accused person, will talk to witnesses

and say, “Was there anything of this kind?” or “anything of that kind?”

the witnesses at last catch hold of the phrase or term which has been so

often used to them, and having in that way adopted it, they fancy that

they may tell it in court. This might have been the case with Elizabeth

Mills; and let me point out to you what occurs to me to be the right

opinion that you should form of that witness. I submit to you that in

this case of life and death--or, indeed, in any case involving a

question of real importance to liberty or to property--that young

woman’s evidence would not be relied on. In the ordinary administration

of justice in the civil courts, if a person has upon material points

told two different stories juries are rarely willing to believe that

person; and in criminal cases the learned judges, without altogether

rejecting the evidence, point out to the jury the discrepancies which

have taken place, and submit whether, under all the circumstances, it

would be safe to rely upon the testimony last given, differing from the

statement which was made when the impression was fresh upon the

witness’s mind. It cannot be said in this case that Elizabeth Mills was

not fully and fairly examined. I submit that my learned friend the

Attorney-General really made a false point--the most unfortunate in the

course of the prosecution--in attacking, upon this ground, the coroner,

Mr. Ward. Just place yourselves, gentlemen, for a moment in the position

of the coroner; and, to enable you the better to do so, just recollect

what has passed in the course of this trial in this court; recollect, if

you can, how many questions have been put by my learned friends and by

me on account of which it has been necessary for counsel to interpose

and to ask the learned judges whether the question was a proper one. Our

rules of examination are strict, but they are most beneficial, because

they exclude from the minds of the jury that loose and general sort of

information which, in country towns especially, is the subject of

pot-house stories and market gossip, and substitute for it the evidence

of actual facts which have been seen and are deposed to by the

witnesses. Imagine the coroner in a large room at a tavern, just under

the bed-room where poor Cook died--a crowd of excited villagers in the

room, all full of suspicion produced by the inquiries of the Prince of

Wales Insurance-office about Walter Palmer--and Inspector Field there,

and Inspector Simpson--and all impressed with the belief that whatever

the London doctor said must be true, and that if Dr. Alfred Swayne

Taylor had made up his mind that it was poison, poison it was. The whole

town was in a state of uproar and excitement. Every question that

occurred to everybody must be put before the coroner--“Didn’t you hear

so and so?” “Didn’t somebody tell you that some one had said so and so?”

and so on. How is it possible under such circumstances to conduct an

inquiry with the dignity and decorum that are observed in the superior

courts?

There was a celebrated trial some years ago in France, in which I

remember to have taken great interest, of the ministers of King Charles

X. Upon that occasion one witness actually proved that he had read all

the pamphlets that had been published on the subject, and he came

forward to state what, upon the whole, was the result which those

pamphlets had made upon his mind. It is true that that was in

revolutionary times, but it shows to what an extent the introduction of

a loose system of questioning may go. I don’t say that Dr. Taylor

suggested any but proper questions, but you must consider the

difficulties under which the coroner had to labour, and I am told that

he is an exceedingly good lawyer and a most respectable man. Dr. Taylor

said that the coroner’s omission to ask questions arose, in his opinion,

rather from want of knowledge than from intention. Of course the coroner

would not be likely to know the proper questions to put in such a case,

but when he did know them he seems to have put them. He was right in

refusing to put irrelevant questions to gratify an inquisitive juryman;

we are ourselves constantly being rebuked by the learned judges, and

told to adhere to the rules, and not to put questions which are

irrelevant. I have now pointed out such discrepancies in the evidence

given by Mills before the coroner and before you as will, I think, make

it clear to you that you cannot rely upon her testimony. Since she first

gave her evidence she has had the means of knowing what is the case on

the part of the Crown. I do not mean to say she has been tutored by the

Crown; I believe that my learned friend would not have called her if he

thought she had; but she has had an opportunity of discovering by

interviews with several different people that the case for the

prosecution is, that Palmer having first prepared the body of Cook for

deadly poison by the poison of antimony, afterwards despatched him with

the deadly poison of strychnine. Their case is, that there was an

administration of something which had the effect of producing retching,

nausea, and irritation of the stomach. Those symptoms are therefore

attributed to the persevering intention of the prisoner to reduce Cook

to such a state of weakness that, when once ingestion of the poison

occurred, he was sure to be carried off. In her evidence before the

coroner she was asked whether she had tasted the broth? She said she

had, and she thought it very good. She did not then say anything about

the ill effects the broth had produced; but she has since learnt that it

is part of the case of those out of whose hands the Crown has taken the

prosecution, and that it is the theory of Dr. Taylor that all this

retching and vomiting was the result of a constant dosing with

antimonial poison. She has probably been frequently asked whether she

was not sick after drinking the broth; perhaps she may have been sick on

some Sunday or another, and she has persuaded herself--for I do not wish

to impute perjury to her--that she was made sick by the two

table-spoonfuls of broth which she drank.

Is it not to the last degree incredible that a shrewd, intelligent man

like Palmer should have exposed himself to such a chance of detection as

sending broth which he had poisoned from his house, to stand by the

kitchen fire of the Talbot Arms, when, sure as fate, the cook would

taste it? Did you ever know a cook who would not taste broth sent by

another person and said to be particularly good? It is not in the nature

of things. A cook is a taster, she tastes everything, and Palmer must

have known that as sure as ever he sent into the kitchen broth

containing antimony the cook would take it and be ill. Her statement is

not credible and cannot be relied on. Then she said in her evidence

before the coroner that on Saturday Cook had coffee and vomited directly

he swallowed it, and that up to the time she gave him the coffee she had

not seen Palmer. She was not then aware that the theory of the gradual

preparation of the body by antimony was to fit into the theory of death

from strychnine, but by the time she came here she had become acquainted

with that part of the case. My learned friend stated that, “Palmer

ordered him coffee on Saturday morning; it was brought in by the

chambermaid Elizabeth Mills, and given to the prisoner, who had an

opportunity of tampering with it before giving it to Cook.” There is all

the difference between this statement of my learned friend and that

first made by Mills before the coroner. But the young woman did not go

quite so far as that. She went however to this extent:--“Palmer came

over at 8 o’clock and ordered a cup of coffee for Cook. I gave it to

him. I believe Palmer was in the bedroom at the time. I did not see him

drink it. I observed afterwards that the coffee had been vomited.” Her

statement was not so strong as that of my learned friend, but a great

deal stronger than the one she made before the coroner. The two

statements are essentially different, and the difference between them

consists in this--the one supports the theory suggested by the

prosecution, the other is totally inconsistent with it. Can you rely on

a woman who makes such alterations in her testimony? That is not all.

The case suggested for the Crown now is, that Cook expressed reluctance

to take the pills ordered for him, and that his reluctance was overruled

by Palmer. Mills’s first statement was that Cook said the pills made him

ill. Here she said that the pills which Palmer gave him made him ill.

Before the coroner, too, she did not say that Palmer was in the bedroom

between 9 and 10 on Monday night, as she has stated here. She makes him

more about the bedside of the man, she gives him a greater opportunity

of administering pills and medicine, she shows an _animus_, the result,

according to the most charitable construction that can be put upon it,

of a persuasion that Palmer must be guilty, but still an _animus_ which

shows that she is not to be relied on. How easily may persons in her

condition make mistakes without intending to deceive! It is the just

punishment of all falsehood that when a lie has once been told it cannot

be retracted without humiliation, and when once this young woman had

been induced to vary her statement in a material particular she had not

the moral courage to set herself right.

But the particulars I have mentioned are nothing to those to which I

will now call your attention. I impeach her testimony on the ground that

she here gesticulated and gave her evidence in such a manner that if it

had been natural and she had adopted it at the inquest it must have

attracted the attention of Dr. Taylor. The remarkable contortions into

which she put her hands, her mouth, and her neck would, if they had been

observed at the inquest, have been reduced to verbal expression, and

recorded in the depositions. I am told by Dr. Nunneley, Dr. Robinson,

and other gentlemen, that the symptoms she described are inconsistent

with any known disease. There was an extraordinary grouping of symptoms,

some of them quite consistent with tetanus produced by strychnine

administered under peculiar circumstances, others quite inconsistent

with it. Now, in the last week in February a frightful case of

strychnine occurred in Leeds. A person having the means of access to the

bedside of a patient, was supposed to have administered small doses, day

by day, and after keeping her for some time in a state of irritation, to

have at last killed her. The person who attended the patient spoke of

her symptoms for about a week before her death, and said she had

“twitchings” in the legs, that she was alarmed at being touched in the

intervals between the spasms. I will now call your attention to the

evidence of Mills. She states:--“Cook 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 the 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. He asked me to rub

his hands. I did rub them, and he thanked me. I noticed him ‘twitch.’ I

gave him toast-and-water. 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. 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.”

The expressions she used, particularly the word “twitching,” are

remarkable. It may well be that when this case became public she may

have had her attention called to it, and then had questions put to her

with regard to the symptoms of Cook which induced her to alter the

evidence she had before given. I cannot otherwise account for the

remarkable variance in her evidence. From the time she left the Talbot

Arms till she came here she seems to have been a person of remarkable

importance. She went to Dolly’s, where Stevens visited her five or six

times. What for? Stevens was unquestionably--and within proper limits he

is not to be blamed for it--indignant at the circumstances of Cook’s

death. He is not in the same condition of life as Mills. Why did he call

on her? Why did he converse with her in a private room? He came, she

said, to inquire after her health and see how she liked London. Mr.

Gardner also saw her in the street, but he only asked her how she was

and talked of other things. I do not say that these gentlemen went to

her with the deliberate intention of inducing her to say what was false;

but they did go with the deliberate intention of stimulating her memory

upon points as to which they thought it required stimulating. Mr.

Hatton, the police officer of Rugeley, also saw her a few times. They

could have gone to her for no purpose but that of taking her evidence. I

may mention a circumstance which shows how differently minor matters may

be stated by witnesses who do not wish to assert what is false. When

Palmer went into the bedroom after being called up, he remarked, “I do

not think I ever dressed so quickly in my life,” and it is suggested

that he never went to bed, but waited up for the commencement of the

paroxysm. Mills answered the question I put to her upon that point

pretty fairly; she said, “He came in his dressing-gown, and I do not

recollect that there was anything like a day shirt about his neck.” On

the other hand, Lavinia Barnes, who gave her evidence in a most

respectable manner, said that he was quite dressed; that he wore his

usual dress. People get talking about what they have witnessed, the real

image of what occurred becomes confused or altogether obliterated from

their minds, and they at last unconsciously tell a story which is very

different from the truth. Mills was examined three times before the

coroner, and if that officer acted improperly on those occasions it was

quite competent for the Crown to bring him here and give him an

opportunity of vindicating himself, but he ought not to be blamed upon

the evidence of a witness like her. In the course of her examination,

however, there came out a fact which is worthy of remark. Is there not

something extraordinary in the periodicity of the attacks she described

in their recurrence on three nights nearly at the same hour? There are

numerous cases in the books in which attacks of this kind occurred at

the same distance of time after the patient had gone to bed.

Without going into unnecessary details, I will now state what I intend

to prove upon this part of the case. I shall call a great number of most

respectable medical practitioners and surgeons in general practice, with

a large experience in great cities, who will support the theory that

these fits of Cook were probably not tetanus at all, but violent

convulsions, the result of a weak habit of body, increased by a careless

mode of life--by at least a sufficient amount of disease to render

violent mineral poisons, in their opinion, desirable, and by habits

which led to a chronic ulceration of the tonsils and difficulty in

swallowing. They will prove that men with constitutions weakened by

indulgence have often, under the influence of strong mental excitement

and violent emotion of any kind, been suddenly thrown into such a state

of convulsion that symptoms have been exhibited in the voluntary muscles

of violent disease, and that persons suffering from those symptoms have

constantly died asphyxiated or of exhaustion, leaving no trace whatever

as to the cause of death. In addition, I will call several gentlemen who

will speak to experiments they have made upon animals, and who will be

ready to show you those experiments in any yard belonging to this

building, if my lords should think fit. They will tell you, on the

authority of Orfila, that no degree of putrescence will decompose

strychnine, and that if it is in the body they would be sure to find it

even now.

Lord CAMPBELL said that the Court could not see the experiments made,

but witnesses might be called to prove them.

Mr. Serjeant SHEE: I have now done with that branch of the case, and

will proceed to the last matter to which I propose to direct your

attention. I propose to discuss whether the circumstantial evidence is

inexplicable on the supposition of the prisoner’s innocence; and, if I

show you that in all its broad and salient features it is not so, I am

sure that you will be only too happy to acquit him, recollecting that

you represent the country, which is uninformed upon the case, which has

no opportunity of hearing the witnesses on either side.

Lord CAMPBELL: In the language of the law “which country you are.”

Mr. Serjeant SHEE: Which country you are. You are responsible not to

render this kingdom liable to the charge of having, in a paroxysm of

prejudice propagated by a professional man with no knowledge of his own

upon the matter, condemned an innocent person. In discussing the

circumstantial evidence, I will avoid no point that seems at all

difficult; but, not to waste time, I will not, after the intimation

which I have received from the bench, trouble you with such matters as

the pushing against Dr. Devonshire during the _post-mortem_ examination

or the cutting of a slit in the cover of the jar, which might be done

accidentally with any of the sharp instruments which were being used, or

the putting it at the further end of the room.

Lord CAMPBELL: What was said referred only to the pushing.

Mr. Serjeant SHEE: I take leave to suggest that in an examination in the

town of Rugeley, where Palmer was perfectly well known, the fact of

there having been a little apparent shoving, which may for the moment

have disturbed the operator, is not to be allowed to have weight against

the prisoner, especially as Mr. Devonshire said nothing was lost. The

matter was one in which all present took considerable interest, and a

little leaning over might easily have produced the effect which was

spoken to. Then, as to the removal of the jar. It was not taken out of

the room. It could not have been taken away without its removal being

observed, and it would have been to the last degree foolish for any

guilty person to attempt to remove it. That a man who knew himself to be

innocent should be very unwilling that the jar should be removed out of

the hands of persons upon whom he could rely for honest dealing is very

probable. Palmer knew that there were some persons who did not want to

pay him £13,000, and who had for a long time been doing all they could

to undermine his character, and to impute to him most wicked conduct

with regard to the death of a relation--suspicions in which none of his

relatives had joined. It is clear from his observation, “Well, doctor,

they won’t hang us yet,” that he knew that it was intended to ground a

suspicion or a complaint upon the _post-mortem_ examination, and it was

exceedingly natural that he should like to have the jar kept in safe

custody, even in the crowded room. All his conduct is consistent with

this explanation. To Dr. Harland, with whom he does not appear to have

been particularly intimate, he says, “I am very glad you are come,

because there is no knowing who might have done it.” That is the conduct

of a respectable man, who knew that his conduct would bear investigation

if it were properly conducted.

I dare say there are in Rugeley many excellent and very serious people

to whom the prisoner’s habits of life, his running about to races, and

so on, would not much recommend him, and who he had reason to know

entertained prejudices against him. As to his objection to the jar being

taken to Mr. Frere’s, there had, I believe, been some slight difference,

arising out of Thirlby (Palmer’s assistant) having come to him from Mr.

Frere. I do not do Mr. Frere the injustice to think that this slight

dispute would have led him to put anything into the jar, but it may

account for Palmer’s caution. Let us now come to the more prominent

features of Palmer’s conduct, upon which, in accordance with his

instructions, my learned friend principally relied. I will first call

your attention to the evidence of Myatt, the postboy at the Talbot Arms.

Mr. Stevens had come down from London, and had acted towards Palmer in

such a way as would have induced some men to kick him. Assuming Palmer

to be innocent, Stevens’ conduct was most provoking. He dissembled with

Palmer, cross-questioned him, pretended to take his advice, scolded him

in a harsh tone of voice, almost insulted him, threatened a

_post-mortem_ examination, and acted throughout under the impression

that some one had been guilty of foul play towards Cook, which ought to

be brought to light and punished. Stevens had been there during the

whole of the _post-mortem_ examination--a gloomy, miserable day it must

have been, poring over the remains of that poor dead man; the jar was

ready, and the fly was at the door to take himself and Boycott to

Stafford, in order that this jar might be sent to London, out of

Palmer’s ken and notice; so that if there was anybody base enough to do

it, either in support of a theory, or to maintain a reputation--God

forbid that I should suggest that to the prejudice of Dr. Taylor! I do

not mean to do so--but if there was anybody capable of acting so great a

wickedness, it might be done; and it was but a reasonable concern that

Palmer should be anxious that it should stop at Dr. Harland’s. He did

not like its going with Stevens to London. Stevens had been

particularly troublesome; he had been vexatious and annoying to the last

degree. The fly was ready, when Palmer met Myatt, the postboy, and

learned that he was going to drive Mr. Stevens to Stafford.

According to Myatt’s evidence, Palmer then asked him if he would upset

“them.” That word was first used in this court to designate the jars;

but as there was at that time but one jar, it must have been intended to

apply to Mr. Stevens and his companion. Palmer’s conduct to Stevens had

been most exemplary, and he must have been irritated to the last degree

to find that he was suspected of stealing a paltry betting-book, which

was of no use to anyone, and of having played foully and falsely with

the life of his friend, the deceased. That he was much annoyed was

proved by his observation to Dr. Harland in the morning--“There has been

a queer old fellow down here making inquiries, who seems to suspect that

everything is wrong. He thinks I have stolen a betting-book, which

everyone who knows anything knows can be of no use to anyone now that

poor Cook is dead.” This shows that Palmer’s mind was impressed with a

sense that Stevens had illtreated him. He, no doubt, said to himself,

“He (Stevens) has encouraged and brought back suspicions which have

well-nigh destroyed me already, and which, if he proceeds in this course

of bringing another charge against me, will probably render it

impossible to get the sum which would be sufficient to release me from

my embarrassments.” In this state of mind Palmer met the postboy who was

ready to drive Mr. Stevens to Stafford. What occurred then was thus

described by Myatt:--“He said he supposed I was going to take the

jars.--What did you say then, or what did he say?--I said I believed I

was.--After you said you believed you were, what did he say?--He says,

‘Do you think you could upset them?’--What answer did you make?--I told

him ‘No.’--Did he say anything more?--He said, if I could, there was a

£10 note for me.--What did you say to that?--I told him I should

not.--Did he say any more to you?--I told him that I must go, for the

horse was in the fly waiting for me to start.”

In cross-examination he was asked--“Were not these the words Palmer

used,--‘I should not mind giving £10 to break Mr. Stevens’s neck?’--I do

not recollect him saying ‘to break his neck.’--Were they not words to

that effect, ‘I should not mind giving him £10 to break his neck?’--I do

not recollect that.--Then ‘£10 to upset him?’--Yes.--Those were the

words, were they?--Them were the words, to the best of my recollection.

Did he appear to have been drinking at the time?--I cannot say.--When he

said ‘to upset him,’ did he use any epithet; did he describe him in any

way, such as ‘upset the fellow?’--He did not describe him in any

way.----Did he say anything about him at the time?--He did say

something about it; ‘it was a humbugging concern,’ or something to that

effect.--That he was a humbugging concern, was that it?--No.--That ‘it

was a humbugging concern,’ or something to that effect?--Yes.”

I submit to you that, after this evidence, you can only regard this

expression about “upsetting them,” in its milder and more innocent

sense, as a strong expression used by a man vexed and irritated by the

suspicious and inquisitive manner which Stevens had from the first

exhibited. That this is the correct view of the matter is confirmed by

the fact that at the time of the inquest nothing was known of this, and

Myatt was not called. Myatt was engaged at the Talbot Arms, and must

frequently have conversed about the death of Cook and the _post-mortem_

examination with servants and other persons about that inn. Had any

serious weight been attached to this offer of Palmer, it would have

excited attention, and would have been given in evidence before the

coroner. On the other hand, it is to the last degree improbable that a

medical man, knowing that he had given a large dose of strychnine, with

the violent properties of which he was well acquainted, should have

supposed that by the accidental spilling of a jar--the liver, spleen,

and some of the tissues remaining behind--he could possibly escape

detection. I will next call your attention to the evidence of Charles

Newton, who swore that he saw Palmer at Mr. Salt’s surgery at 9 o’clock

on Monday night, when he gave him three grains of strychnine in a piece

of paper. He did not bring this to the knowledge of the Crown until the

night before this trial commenced. He was examined before the coroner,

but although then called to corroborate the statement of Roberts as to

the presence of Palmer at Hawkins’s shop, where he was said to have

purchased strychnine, he then said nothing about the purchase on the

Monday night. A man who so conducts himself, who when first sworn omits

a considerable portion of what he tells three weeks afterwards, and

again comes forward at the last moment and tells more than enough in his

opinion to drive home the guilt to the person who is accused, that man

is not to be believed upon his oath. There are other circumstances which

render Newton’s statement in the highest degree improbable. That Palmer

should once in a way purchase strychnine in Rugeley is not to be

wondered at. It is sold to kill vermin, to kill dogs. And whatever the

evidence as to the galloping of the mares and their dropping their

foals, it shows that Palmer had occasion for it, and for other purposes.

But that, having bought enough for all ordinary purposes, he should go

and buy more the next day, and should purchase it at the shop of a

tradesman with whom he had dealt for two years, is in the highest degree

incredible. Nobody would believe it. Nobody can or ought to believe it.

But observe this also. Palmer had been to London on the Monday, and in

London there is no difficulty in procuring strychnine. It is sold to any

one who, by writing down the technical description of what he wants,

shows that he has had a medical education. Why did he not get it in

London? And if he could not get it in London, why did he not get it at

Stafford, or at any of the other places to which he had been? If he had

bought it for this guilty purpose, would he not, as a wary man, have

taken care that when his house was searched there should be found in it

the paper containing the exact quantity of strychnine which he had

purchased? What could have been easier to do than that? Newton’s story,

therefore, cannot be believed, but, in addition, I will show that

Palmer, who is stated by Herring to have been in London at a quarter

past 3 o’clock, could not have been in Rugeley at the time at which

Newton says he was at Mr. Salt’s.

Palmer attended the _post-mortem_ examination; and is it credible that

he, a skilful medical man, who studied in a London hospital, and made a

note upon one of his books of the effect of strychnine, would ask that

stupid sort of fellow Newton anything about its action upon a dog; and

would, when the answer was given, snap his fingers and say, “It is all

right, then, it cannot be found.” No one will believe it for a moment.

The _animus_ of Newton is shown by his omitting the word “poor,” and

representing Palmer as having said, “You will find this fellow suffering

from a disease of the throat; he has had syphilis;” and then, when

cross-examined upon the subject by my learned friend Mr. Grove,

replying, “I don’t know whether he said poor or rich,” as if that had

anything to do with the question. I will now take you back to what

occurred at Shrewsbury. The case for the Crown is that as early as

Wednesday, the 14th November, the scheme of poisoning Cook begun to be

executed at Shrewsbury. It is suggested that Cook was dosed with

something that was put into his brandy-and-water. You will remember that

I read to you a letter from Cook to Fisher, dated the 16th of November,

to which there is this postscript--“I am better.” That must have

referred to his illness at Shrewsbury. It is the postscript to a letter

in which he speaks of the object he has in view, which is of great

importance to himself and Palmer. Is his writing in that tone consistent

with his having a belief that Palmer had drugged him with poison for the

purpose of destroying his life at Shrewsbury? What did Palmer say about

it?--“Cook says I have put something in his glass. I don’t play such

tricks.” He treated it as though it had never been understood to be more

than the expression of a man who, if not actually drunk, was very nearly

so. Palmer did not arrive at the Raven until after the dinner hour. We

have no evidence how Cook fared there; but we shall be able to prove

that he went from there to the Unicorn, where he arrived pretty flush,

and where he sat drinking brandy-and-water with Saunders the trainer and

a lady. Seven or eight glasses of brandy-and-water did this good young

man drink, and the result was that his unfortunate syphilitic throat was

in a very dreadful state, if not of actual laceration, at least of

soreness and irritation. [The learned Serjeant here read to the jury a

long extract from an article which had appeared in some newspaper, which

he did not mention, in which the occurrences at Shrewsbury were

described in a style which seemed intended to be humourous, and in which

Cook’s sickness was attributed to his having taken too much brandy upon

champagne, in order to “restore his British solidity.” The learned

Serjeant said that this entirely concurred with his own view of the

case. He then continued.]

Cook’s own conduct afterwards proved that his illness was owing to his

having drunk too much. He got up in the morning, breakfasted with

Palmer, was good friends with him, and went with him to Rugeley. At

Rugeley they received Pratt’s letter of the 13th, in consequence of

which Palmer wrote to Pratt to say that some one would call upon him and

pay him £200, and Cook wrote to Fisher and asked him to call on Pratt

and pay this money. Does that look as though he thought there had been

an attempt to poison him? Mrs. Brooks, who gave her evidence in a most

creditable manner, proved that there was much sickness among the

strangers who were at Shrewsbury; and the rest of her evidence did not

tell much against Palmer, who might, after Cook’s complaint, very

naturally have been looking at the tumbler to see if anything had been

put into it. Cook got worse, and at last had the good sense to put his

money into Fisher’s hands and go to bed. He was still very sick, and a

doctor was sent for, who recommended an emetic. Cook made himself sick

by drinking warm water and putting the handle of a toothbrush down his

throat. He took a pill and a black draught, went to sleep, and next

morning was quite well. This is really too ludicrous to receive a

moment’s consideration. A person named Myatt was in the room at the

Raven all the evening. He has been put into the box, but I shall call

him, and you will hear his account. Palmer and Cook having got back to

Rugeley the history of the slow poisoning continues. They went there

together, and probably talked on the way of their difficulties and the

mode of getting out of them, and of the small way that the winnings at

Shrewsbury would go to effect that object, both seeing ruin staring them

in the face unless the Prince of Wales Insurance-office could be made to

pay the money which was due, and they could meanwhile remain free from

all suspicion of insolvency or any sort of misconduct. When they got to

Rugeley they provided for the temporary difficulty by sending £200 to

Pratt. They were then evidently on friendly terms, Cook’s winnings being

at Palmer’s service, and probably both effecting their objects, because,

as it would appear from what Palmer said, Cook had some interest in the

bills which were outstanding. Probably his name might not be upon them,

but as they were engaged in these racing transactions, were joint owners

of one horse and had the same trainer, they were very probably equally

interested in these bills--were in fact what I remember to have once

heard a nobleman well known upon the turf call “confederates.” The

frequency of Palmer’s visits to Cook during the illness of the latter at

Rugeley affords no ground of suspicion against the prisoner. On the

contrary, it tells in his favour. Cook had no friend in the town but

Palmer, with whom he may almost be said to have been on a visit; for

though he did not sleep in Palmer’s house Palmer was in continual

attendance on him, and, owing to the close proximity of his own

residence, was enabled to bring him many little delicacies not easily

attainable at an inn. Had he neglected the sick man, and only visited

him occasionally, the inference of the Crown would probably have been

that he was a black-hearted scoundrel, who only looked in now and then

to give him his poison; but as he was zealously and laboriously

attentive to him the conclusion is that he must have murdered him!

It is said that Palmer was guilty of a falsehood in representing Cook as

suffering from diarrhœa; but that is to put a very violent and a very

uncharitable construction on his words, for you will remember that

Bamford swore to Cook having told him that his bowels had been affected

twice or three times on Sunday. But, leaving these minor points, I come

to one which in this case of circumstantial evidence is of the very last

importance, and should be deemed decisive of the prisoner’s innocence.

The supposition of the Crown is, that Palmer intended to dose Cook with

antimony--to keep his stomach in continual irritation by vomiting, in

order that he might the more surely despatch him with strychnine; and

that during Sunday, the day on which he insisted on his taking the

broth, Cook was under the influence of this insidious treatment. Now,

supposing this to be true, and assuming it to be the fact that Palmer

was indeed bent upon destroying Cook by this singular process, is it not

manifest that there is one man who of all the men in the world would

have been the very last whom he would have selected to be a witness of

his proceedings? That man is a surgeon in the prime of life, a man

intimately acquainted with Cook, and very much attached to him--Mr.

Jones, of Lutterworth. Yet this is the very man to whom, when he is

about to set out for London, Palmer writes a letter informing him that

Cook is ill, and urging him to come over and see him without delay. I

entreat of you to appreciate the full importance of that fact. The more

you think of it the more profound will become your conviction that it

affords evidence irrefragable of Palmer’s innocence. The imputation is

that Palmer meant to kill Cook to possess himself of his winnings. Who

was with Cook when the race was won? Who was by his side on the

Shrewsbury racecourse for the three minutes that he was speechless? Who

saw him take out his pocketbook and count up his winnings? Who but

Jones?--Jones, who was his bosom friend, his companion, his confidant,

and who knew to the last farthing the amount of his gains. Jones was of

all men living the most likely to be the recipient of Cook’s confidence,

and the man who was bound by every consideration of honour, friendship,

and affection to protect him, to vindicate his cause, and to avenge his

death. Yet this was the man for whom Palmer sent, that he might converse

with Cook, receive his confidences, minister to him in his illness, and

even sleep in the same room with him!

How, if Palmer is the murderer they represent him, are you to account

for his summoning Jones to the bedside of the sick man? If Cook really

suspected--which we are assured he did--that Palmer was poisoning him,

Jones was the man to whom he would most willingly have unbosomed

himself, and in whose faithful ear he would have most eagerly

disburdened the perilous stuff that weighed upon his own brain. Palmer

and Jones were both medical men; and it is not improbable that, in the

course of his studies, the latter may have noted in his classbook the

very passages respecting the operation of strychnine which also

attracted the attention of the former. Is it conceivable that if Palmer

meant to slay Cook with poison in the dead of the night he would have

previously ensured the presence, in his victim’s bed-room, of a medical

witness, who would know from the symptoms that the man was not dying a

natural death? He brings a medical man into the room, and makes him lie

within a few inches of the sick man’s bed, that he may hear his terrific

shrieks, and witness those agonising convulsions which indicate the

fatal potency of poison! Can you believe it? He might have despatched

him by means that would have defied detection, for Cook was taking

morphia medicinally, and a grain or two more would have silently thrown

him into an eternal sleep. But, instead of doing so, he sends to

Lutterworth for Jones. You have been told that this was done to cover

appearances. Done to cover appearances! No--no--no! You cannot believe

it. It is not in human nature. It cannot be true. You cannot find him

guilty--you dare not find him guilty on the supposition of its truth.

The country will not stand by you if you believe it to be true. You will

be impeached before the world if you say that it is true. I believe in

my conscience that it is false, and that, consistently with the rules

that govern human nature, it cannot possibly be true. [Sensation and

murmurs of applause.] With respect to the interviews and dialogues that

took place between the prisoner and Mr. Stevens, I contend that, so far

from telling against the former, they are in his favour. There is

nothing but the evidence of a kind and considerate nature in the fact of

his having ordered “a shell and a strong oak coffin” for the deceased;

nor is it possible to torture into a presumption of guilt the few words

of irritation that may have fallen from the prisoner in the course of a

conversation in which Mr. Stevens treated him with scorn, not to say

insolence.

With respect to the betting-book, many persons had access to Cook’s

room--servants, both men and women, undertaker’s men, and barbers; and

though I do not venture to mark out any particular person for suspicion,

any one of them may have purloined the book and been afraid to return

it. It is not fair in a case of this momentous importance to affix the

opprobrium on a man who is not proved to have ever had it in his hand.

The Crown had no doubt originally intended to rely upon the prisoner’s

medical books as affording damning proof of his guilt; but I will refer

to those volumes for evidences that will speak eloquently in his favour.

In youth and early manhood there is no such protection for a man as the

society of an innocent and virtuous woman to whom he is sincerely

attached. If you find a young man devoted to such a woman, loving her

dearly, and marrying her for the love he bears her, you may depend upon

it that he is a man of a humane and gentle nature, little prone to deeds

of violence. To such a woman was Palmer attached in his youth, and I

will bring you proof positive to show that the volumes cited against him

were the books he used when a student, and that the manuscript passages

are in the handwriting of his wife. His was a marriage of the heart. He

loved that young and virtuous woman with a pure and generous affection;

he loved her as he now loves her first-born, who awaits with trembling

anxiety the verdict that will restore him to the arms of his father, or

drive that father to an ignominious death upon the scaffold. [The

prisoner here covered his face with his hands and shed tears.] Here in

this book I have conclusive evidence of the kind of man that Palmer was

seven years ago. I find in its pages the copy of a letter addressed by

him while still a student to the woman whom he afterwards made his wife.

It is as follows:--

“My dearest Annie,--I snatch a moment from my studies to write to

your dear, dear little self. I need scarcely say that the principal

inducement I have to work is the desire of getting my studies

finished, so as to be able to press your dear little form in my

arms. With best, best love, believe me, dearest Annie,

Your own WILLIAM.”

Now this is not the sort of letter that is generally read in courts of

justice. It was no part of my instructions to read that letter, but the

book was put in to prove that this man is a wicked, heartless, savage

desperado; and I show you what he was seven years ago--that he was a man

who loved a young woman for her own sake--loved her with a pure and

virtuous affection--such an affection as would, in almost all natures,

be a certain antidote against guilt. Such is the man whom it has been my

duty to defend upon this occasion, and upon the evidence that is before

you I cannot believe him to be guilty. Don’t suppose, gentlemen, that he

is unsupported in this dreadful trial by his family and his friends. An

aged mother, who may have disapproved of some part of his conduct,

awaits with trembling anxiety your verdict; a dear sister can scarcely

support herself under the suspense which now presses upon her; a brave

and gallant brother stands by him to defend him, and spares neither time

nor trouble to save him from an awful doom. I call upon you, gentlemen,

to raise your minds to a capacity to estimate the high duty which you

have to perform. You have to stem the torrent of prejudice; you have to

vindicate the honour and character of your country; you have, with

firmness and courage, to do your duty, and to find a verdict for the

Crown if you believe that guilt is proved; but, if you have a doubt on

that point, depend upon it that the time will come when the innocence of

that man will be made apparent, and then you will deeply regret any want

of due and calm consideration of the case which it has been my duty to

lay before you.

The speech of the learned Serjeant occupied exactly eight hours in its

delivery. There were some slight indications of an attempt to applaud at

its conclusion, but they were instantly repressed.

The Court then adjourned till 10 o’clock next morning.

The Most Extraordinary Trial of William Palmer, for the Rugeley Poisonings, which lasted Twelve Days · 第 39 / 54 题