THE ATTORNEY-GENERAL’S REPLY.

The Attorney-General, at ten minutes before three, commenced his reply,

speaking occasionally in so low a tone that the conclusion of many of

his sentences was inaudible. He said: May it please your lordships and

gentlemen of the jury, the case for the prosecution and the case for the

defence are now before you, and it now becomes my duty to address to you

such observations upon the whole of the evidence as suggest themselves

to my mind. I feel that I have a moral, solemn, and important duty to

perform. I wish I could have answered the appeal made to me the other

day by my learned friend (Serjeant Shee), and say that I am satisfied

with the case which he submitted to you for the defence. But, standing

here as the instrument of public justice, I feel that I should be

wanting in the duty that I have to perform if I did not ask at your

hands for a verdict of guilty against the prisoner. I approach the

consideration of the case in, I hope, what I may term a spirit of

fairness and moderation. My business is to convince you, if I can, by

facts and legitimate arguments, of the prisoner’s guilt; and if I cannot

establish it to your satisfaction, no man will rejoice more than I shall

in a verdict of acquittal. Gentlemen, in the mass of evidence which has

been brought before you, two main questions present themselves

prominently for your consideration. Did the deceased man, into whose

death we are now inquiring, die a natural death, or was he taken off by

the foul means of poison? And if the latter proposition be sanctioned by

the evidence, then comes the important--if possible, the still more

important--question, whether the prisoner at the bar was the author of

the death? I will proceed with the consideration of the subject in the

order which I have mentioned. Did John Parsons Cook die by poison? I

assert and contend the affirmative of that proposition. The case which

is submitted to you on behalf of the Crown is this--that, having been

first practised upon by antimony, Cook was at last killed by strychnine.

The first question to be considered is--what was the immediate and

proximate cause of his death. The witnesses for the prosecution have

told you, one and all, that, in their judgment, he died of tetanus,

which signifies a convulsive spasmodic action of the muscles of the

body. Can there be any doubt that their opinion is correct? Of course it

does not follow that, because he died of tetanus, it must be the tetanus

of strychnia. That is a matter for after consideration. But, inasmuch as

strychnine produces death by tetanus, we must see, in the first place,

whether it admits of doubt that he did die of tetanus. I have listened

with great attention to every form in which that disease has been

brought under your consideration--whether by the positive evidence of

witnesses, or whether by reference to the works of scientific writers;

and I assert deliberately that no case, either in the human subject or

in the animal, has been brought under your notice in which the symptoms

of tetanus have been so marked as in this case.

From the moment the paroxysms came on of which the unhappy man died, the

symptoms were of the most marked and of the most striking character.

Every muscle, says the witness, the medical man who was present at the

time--every muscle of his body was convulsed--he expressed the most

intense dread of suffocation--he entreats them to lift him up lest he

should be suffocated--and every muscle of his body, from the crown of

his head to the soles of his feet, was so stricken--the flexibility of

the trunk and the limbs was gone--and you could only have raised him up

as you would have raised a corpse. In order that he might escape from

the dread of suffocation, they turned him over, and then, in the midst

of that fearful paroxysm, one mighty spasm seemed to have seized his

heart, to have pressed from it the life blood, and the result

was--death. And when he died, his body exhibited the most marked

symptoms of this fearful disease. He was convulsed from head to foot.

You could have rested him on his head and heels--his hands were clasped

with a grasp that it required force to overcome, and his feet assumed an

arched appearance. Then, if it was a case of tetanus--into which fact I

will not waste your time by inquiry--the question arises, was it a case

of tetanus produced by strychnia? I will confine myself for a moment to

the exhibition of the symptoms as described by the witnesses. Tetanus

may proceed from natural causes as well as from the administration of

poisons, and while the symptoms last they are the same. But in the

course of the symptoms, and before the disease reaches its consummation

in the death of the patient, the distinction between the two is marked

by characteristics which enable any one conversant with the subject to

distinguish between them. We have been told on the highest authority

that the distinctions are these--natural tetanus is a disease not of

minutes, not of hours, but of days. It takes--say several other

witnesses--from three to four days; and will extend to a period of even

three weeks before the patient dies. Upon that point we have the most

abundant and conclusive evidence of Dr. Curling; we have the evidence of

Dr. Brodie; we have the evidence of Dr. Daniel, a gentleman who has seen

something like twenty-five or thirty cases; we have the evidence of a

gentleman who has practised twenty-five years in India, where these

cases, arising from cold, are infinitely more frequent; and he gives

exactly the same description of the course which this disease invariably

takes. Idiopathic or traumatic tetanus is therefore out of the question,

upon the evidence which has been given. But traumatic tetanus is out of

the question for a very different reason. Traumatic tetanus is brought

on by the lesion of some part of the body. But what is there in this

case to show that there was anything like lesion at all. We have had

several gentlemen called, who have come here with an evident

determination to misconceive and misrepresent every fact. We have called

before you an eminent physician, who had Cook under his care.

It seems that, in the spring of the year 1855, Cook, having found

certain small spots manifest themselves in one or two parts of his body,

and having something of an ulcerated tongue and a sore throat, conceived

that he was labouring under symptoms of a particular character. He

addressed himself to Dr. Savage, who found that the course of medicine

he had been pursuing was an erroneous one. He enjoined the

discontinuance of mercury. His injunction was obeyed, and the result was

that the patient was suffering neither from disease nor wrong treatment.

But lest there should be any possibility of mistake, Dr. Savage says

that long before the summer advanced every unsatisfactory symptom had

entirely gone; there was nothing wrong about him, except that affection

of the throat, to which thousands of people are subject. In other

respects, the man was better than he had been, and might be said to be

convalescent. On the very day that he leaves London to go into the

country, a fortnight before the races, his stepfather, who accompanied

him to the station, congratulated him upon his healthy and vigorous

appearance, and, the young man, conscious of a restored state of health,

struck his breast, and said “He was well, very well.” Then he goes to

Shrewsbury, and shortly afterwards arose those matters to which I am

about to call your attention. I want to know in what part of the

evidence there is the slightest pretence for saying that this man had an

affection which might bring on traumatic tetanus? It is said that he had

exhibited his tongue to witnesses, and applied for a mercurial wash, but

it is clear that, although he had at one time adopted that course, he

had, under the recommendation of Dr. Savage, got rid of it, and there is

no pretence for saying he was suffering under any syphilitic affection

of any kind. That fact has been negatived by a man of the highest

authority and eminence. It is a pretence for which there was not a

shadow of a foundation, and I should shrink from my duty if I did not

denounce it as a pretence unworthy of your attention. There was nothing

about the man which would warrant, for a single moment, the supposition

that there was anything of that character in any part of his body when

the tetanus set in. One or two cases of traumatic tetanus have been

adduced in the evidence which has been brought forward for the defence.

One is the case of a man in the London Hospital, who was brought into

that institution one evening, and died the same night. But what are the

facts? The facts are, that before he had been brought in he had had a

paroxysm early in the morning--that he was suffering from ulcers of the

most aggravated description. The symptoms had run their course rapidly,

it is true, but the case was not one of minutes, but of hours. Another

case has been brought forward in which a toe was amputated, but there we

have disease existing some time before death. But then it is suggested

that this may be a case of idiopathic tetanus proceeding from--what?

They say that Cook was a man of delicate constitution, subject to

excitement; that he had something the matter with his chest; that in

addition to having something the matter with his chest, he had the

diseased condition of throat; and putting all these things together,

they say that if the man took cold he might get idiopathic tetanus.

We are here launched into a sea of speculations and possibilities. Dr.

Nunneley, who comes here for the purpose of inducing you to believe

there was something like idiopathic tetanus, goes through supposed

infirmities, and talks about his excitability, his delicacy of chest,

his affection of the throat, and he says these things would predispose

to idiopathic tetanus if he took colds. But what evidence is there that

he did take cold? Not the slightest in the world. There is not the

smallest pretence that he ever complained of a cold, or was treated for

a cold. I cannot help saying that it seems to me that it is a scandal

upon a learned, and distinguished, and liberal profession, that men

should come forward to put forth such speculations upon these perverted

facts, and draw from them sophistical and unwarrantable conclusions,

with a view to deceive you. I have the greatest respect for science. No

man can have more. But I cannot repress my indignation and abhorrence

when I see it perverted and prostituted for the purposes of a particular

case in a court of justice. Dr. Nunneley talked to you about certain

excitements being the occasion of idiopathic tetanus. You remember the

sorts of excitement of which he spoke. They are unworthy of your notice.

They were topics discreditable to be put forward by a witness as worthy

of your consideration. But, suppose for a single moment that excitement

at the time could produce any such effect, where is the excitement

manifested by Cook as leading to the supposed disease? They say that the

man, when he won his money at Shrewsbury, was for a moment excited. And

well he might be. His fortunes depended upon the result of the race, and

I will not deny that he was overpowered with emotions of joy. But those

emotions subsided, and we have no further trace of them from that time

to the moment of his death. The man passed the rest of the day with his

friends in ordinary conversation and enjoyment. No trace of emotion was

found. He is taken ill. He goes to Rugeley. He is taken ill there again.

But is there the slightest symptom of excitement about him, or of

depression? Not the least. When he is ill, like most people, he is low

spirited. As soon as he gets a little better, he is cheerful and happy.

He invites his friends and converses with them. On the night of his

death his conversation is cheerful. He is mirthful and happy, little

thinking, poor fellow, of the fate that was depending over him. He is

cheerful, and talks of the future, but not in language of excitement.

What pretence is there for this idle story about excitement? None

whatever. But even if there were excitement or depression--if these

things were capable of producing idiopathic tetanus, the character of

the disease is so essentially different that it is impossible to mistake

the two. What are the cases which they attempt to set up against us?

They brought forward a Mary Watson, who, with a gentleman, came all the

way from some place in Scotland to tell us that a girl had been ill all

day, that she is taken worse at night, that she gets well in a short

time, and goes about her business. That is a case which they brought

here to be compared with the death agony of this man. These are the sort

of cases with which they attempt to meet such a case as is spoken to

here. Gentlemen, I venture, upon the evidence which has been brought

before you, to assert boldly, that the cases of idiopathic and traumatic

tetanus are marked by clear and distinct characteristics distinguishing

them from the tetanus of strychnine; and I say that the tetanus which

accompanied Cook’s death is not referable to either of these forms of

tetanus. You have, upon this point, the evidence of men of the highest

competency and most unquestionable integrity, and upon their evidence, I

am satisfied, you can come to no other conclusion than that this was not

a case of either idiopathic or traumatic tetanus. But, then, various

attempts have been made to set up different causes as capable of

producing this tetanic disease. And first, we have the theory of general

convulsions; and Dr. Nunneley having gone through the beadroll of the

supposed infirmities of Cook, says, “Oh, this may have been a case of

general convulsions--I have known general convulsions assuming a tetanic

character!” I said to him, “Have you ever seen one single case in which

death arising from general convulsions accompanied with tetanic symptoms

has not ended in the unconsciousness of the patient?” He says, “No, I

never heard of such a case, not one; but in some book or other, I am

told, there is some such case reported,” and he cites, for that purpose,

as an authority for general convulsions being accompanied with tetanic

symptoms, Dr. Copland.

Now, Dr. Copland, I apprehend, would stand higher as an authority than

the man who quotes him. Dr. Copland might have been called, but was not

called, notwithstanding the challenge which I threw out, because it is,

unfortunately, easier for the case to gather together from the east and

from the west practitioners of more or less celebrity, than to bring to

bear on the subject the light of science as treasured in the books of

the eminent practitioners whom you have seen. But, I say, as regards

general convulsions, the distinction is plain. If they destroy the

patient, they destroy consciousness. But here, unquestionably, at the

very last moment, until Cook’s heart ceased to beat, his consciousness

remained. But then comes another supposed condition from which death in

this form is said to have resulted, and that is the cause intended to be

set up by a very eminent practitioner, Dr. Partridge. It seems that in

the _post-mortem_ examination of Cook, when the spinal marrow was

investigated, some granules were found, and it is said these may have

occasioned tetanic convulsions similar to those found in Cook. He is

called to prove that this was a case of what is called arachnitis,

arising from granules. I asked him the symptoms which he would find in

such a case. I called his attention to what it had evidently not been

called before--namely, the symptoms in Cook’s case; and I asked him, in

simple terms, whether, looking at these symptoms, he would pledge his

reputation, in the face of the medical world, and in the face of this

court, that this was a case of arachnitis. He would not do so, and the

case of arachnitis went. Then we have a gentleman who comes all the way

from Scotland to inform us, as the next proposition, that Cook’s was a

case of epileptic convulsions, with tetanic complications. Well, I asked

him the question, “Did you ever know of epilepsy, with or without

tetanic complications, in which consciousness was not destroyed before

the patient died?” His reply was, “No, I cannot say that I ever did, but

I have read in some book that such a case has occurred.” “Is there

anything to make you think this was epilepsy?--It may have been

epilepsy, because I don’t know what else it was.” “But you must admit

that epilepsy is characterised generally by loss of consciousness; what

difference would the tetanic complications have made?” That he was

unable to explain. I remind you of this species of evidence, in which

the witnesses have resorted to the most speculative reasoning, and put

forward the barest possibilities without the shadow of foundation. But

this I undertake to assert, that there is not a single case to which

they have spoken from their experience, or as the result of their own

knowledge, on which there were the formidable and decisive symptoms of

marked tetanus which existed in this case.

Having gone through these three sets of diseases--general convulsions,

arachnitis, epilepsy proper, and epilepsy with tetanic complications, I

supposed we had pretty nearly exhausted the whole of these scientific

theories. But we are destined to have another, and that assumed the

formidable name of angina pectoris. It must have struck you when my

learned friend opened his case, that he never ventured to assert the

nature of the disease to which they refer the death of Cook; and it

strikes me as most remarkable that no less than four distinct and

separate theories are set up by the witnesses who have been

called--general convulsions, arachnitis, epilepsy with tetanic

complications, and lastly, angina pectoris. My learned friend had this

advantage in not stating to you what his medical witnesses would set up,

because I admit that one after another they took me by surprise. The

gentleman who was called yesterday, and who talked of angina pectoris,

would not have escaped so easily if I had been in possession of the

books to which he referred, for I should have been able to expose the

ignorance, the presumption, of the assertions he dared to make. I say

ignorance and presumption, and what is worse, an intention to deceive. I

assert it in the face of the whole medical profession, and I am sure I

can prove it. These medical witnesses, one and all, differ in the views

they take on the subject; but there is a remarkable coincidence between

the views of some of them and the views of those who have been examined

on the other side. Dr. Partridge, Dr. Robinson, and Dr. Letheby, the

most eminent of the witnesses whom my learned friend has called, agreed

with the statements of Dr. Brodie and other witnesses, that in the whole

of their experience, and in the whole range of their learning and

observations, they know of no known disease to which the symptoms in

Cook’s case can be referred. When such men as these agree upon any

point, it is impossible to exaggerate its importance. If it be the fact

that there is no known disease which can account for such symptoms as

those in Cook’s case, and that they are referable to poison alone, can

you have any doubt that that poison was strychnia? The symptoms, at all

events, from the time the paroxysms set in, are precisely the same.

Distinctions are sought to be made by the sophistry of the witnesses for

the defence between some of the antecedent symptoms and some of the

others. I think I shall show you that these distinctions are imaginary

and that there is no foundation for them. I think I may say that the

witnesses called for the defence admit this, that, from the time the

paroxysms set in, of which Cook died, until the time of his death, the

symptoms are precisely similar to that of tetanus by strychnine. But

then they say--and this is worthy of most particular attention--there

are points of difference which have led them to the conclusion that

these symptoms could not have resulted from strychnine.

In the first place, they say that the period which elapsed between the

supposed administration of the poison and the first appearance of the

symptoms is longer than they have observed in the animals on which they

have experimented. The first observation which arises is this: that

there is a known difference between animal and human life, in the power

with which certain specific things act upon their organisation. It may

well be that poison administered to a rabbit will produce its effect in

a given time. It by no means follows that it will produce the same

effect in the same time on an animal of a different description. Still

less does it follow that it will exercise its baneful influence in the

same time on a human subject. The whole of the evidence on both sides

leads to establish this fact, that not only in individuals of different

species, but between individuals of the same species, the same poison

and the same influence will produce effects different in degree,

different in duration, different in power. But, again, it is perfectly

notorious that the rapidity with which the poison begins to work depends

mainly upon the mode of its administration. If it is administered in a

fluid state, it acts with greater rapidity. If it is given in a solid

state, its effects come on more slowly. If it is given in an indurated

substance, it will act with still greater tardiness. Then what was the

period at which this poison began to act after its administration,

assuming it to have been poison? It seems, from Mr. Jones’s statement,

that the pills were administered somewhere about eleven o’clock. They

were not administered on his first arrival, for the patient, as if with

an intuitive sense of the death that awaited him, strongly resisted the

attempts to make him take them; and no doubt these remonstrances, and

the endeavours to overcome them, occupied some period of time. The pills

were at last given. Assuming, which I only do for the sake of argument,

that the pills contained strychnine, how soon did they begin to operate?

Mr. Jones says he went down to supper, and came back again about twelve

o’clock. Upon his return to the room, after a word or two of

conversation with Cook, he proceeded to undress and go to bed, and had

not been in bed ten minutes before a warning came that another of the

paroxysms was to take place. The maid servant puts it still earlier, and

it appears that so early as ten minutes before twelve the first alarm

was given, which would make the interval little more than a quarter of

an hour. When these witnesses tell us that it would take an hour and a

half, or two hours, we see here another of those exaggerated

determinations to see the facts only in the way that will be the most

favourable to the prisoner. I find in some of the experiments that have

been made that the duration of time, before the poison begins to work,

has been little, if anything, less than an hour.

In the case of the girl at Glasgow, it was stated that it was

three-quarters of an hour before the pills began to work. There may have

been some reason for the pills not taking effect within a certain period

after their administration. It would be easy to mix them up with

substances difficult of solution, or which might retard their action. I

cannot bring myself to believe that, if in all other respects you are

perfectly satisfied that the symptoms, the consequences, the effects

were analogous, and similar in all respects to those produced by

strychnine, it is not because the pills have been taken only a quarter

of an hour that you will say strychnine was not administered in this

case. But they say the premonitory symptoms were wanting, and they say

that in the case of animals, the animal at first manifests some

uneasiness, shrinks, and draws itself into itself as it were, and avoids

moving; that certain involuntary twitchings about the head come on--and

they say there were no premonitory symptoms in Cook’s case. I utterly

deny the proposition, I say there were premonitory symptoms of the most

marked character. He is lying in his bed; he suddenly starts up in an

agony of alarm. What made him do that? Was there nothing

premonitory--nothing that warned him the paroxysm was coming on? He

jumps up, says “Go and fetch Palmer--fetch me help--I am going to be ill

as I was last night.” What was that but a knowledge that the symptoms of

the previous night were returning, and a warning of what he might expect

unless some relief were obtained? He sits up and prays to have his neck

rubbed. What was the feeling about his neck but a premonitory symptom,

which was to precede the paroxysms which were to supervene? He begs to

have his neck rubbed, and that gives him some comfort. But here they say

this could not have been tetanus from strychnia, because animals cannot

bear to be touched, for a touch brings on a paroxysm--not only a touch,

but a breath of air, a sound, a word, a movement of any one near will

bring on a return of the paroxysm.

Now in two cases of death from strychnine we have shown that the patient

has endured the rubbing of his limbs, and received satisfaction from

that rubbing. We produced a third case. In Mrs. Smyth’s case, when her

legs were distorted, she prayed and entreated that she might have them

straightened. The lady at Leeds, in the case which Dr. Nunneley himself

attended, implored her husband, between the spasms, to rub her legs and

arms in order to overcome the rigidity. That case was within his own

knowledge; and yet in spite of it, although he detected strychnine in

the body of the unhappy woman, he dares to say that Cook’s having

tolerated the rubbing between the paroxysms is a proof that he had not

taken strychnia. But there is a third case--the case of Clutterbuck. He

had taken an overdose of strychnia, and suffered from the re-appearance

of tetanus, and his only comfort was to have his legs rubbed. And,

therefore, I say that the continued endeavour to persuade a jury that

the fact of Cook’s having had his neck rubbed proves that this is not

tetanus by strychnia, shows nothing but the dishonesty and insincerity

of the witnesses who have so dared to pervert the facts. But they go

further, and say that Cook was able to swallow. So he was before the

paroxysms came on; but nobody has ever pretended that he could swallow

afterwards. He swallowed the pills, and, what is very curious, and

illustrates part of the theory, is this--that it was the act of

swallowing the pills, a sort of movement in raising his head, which

brought on the violent paroxysm in which he died. So far from militating

against the supposition that this was a case of strychnine, the fact

strongly confirms it. Then they call our attention to the appearances

after death, and they say there are circumstances to be found which

militate against this being a case of strychnine. They say the limbs

became rigid either at the time of death or immediately after, and that

ought not to be found in a case of strychnia. Dr. Nunneley says, “I have

always found the limbs of animals become flaccid before death, and have

not found them become rigid after death.” Now, I can hardly believe that

statement.

The very next witness who got into the box told us that he had made two

experiments upon cats, and killed them both, and he described them as

indurated and contracted when he found them some hours after death. And

yet the presence of rigidity in the body immediately after death is put

forth by Dr. Nunneley as one of his reasons for saying this is not a

death by strychnia, although Dr. Taylor told us that, in the case of one

of the cats, the rigidity of the body was so great that he could hold it

out by the leg in a horizontal position. Notwithstanding that evidence,

Dr. Nunneley has the audacity to say that he does not believe this is a

case of strychnine, because there was rigidity of the limbs, because the

feet were distorted, and the hands clinched, and the muscles rigid. This

shows what you are to think of the honesty of this sort of evidence, in

which facts are selected because they make in favour of particular

hypotheses of the party advancing them. The next thing that is said is

that the heart was empty, and that in the animals operated upon by Dr.

Nunneley and Dr. Letheby, the heart was full. I don’t think that applies

to all cases. But it is a remarkable fact connected with the history of

the poison that you never can rely upon the precise form of its

symptoms and appearances. There are only certain great, leading, marked,

characteristic features. We have here the main, marked, leading,

characteristic features; and we have what is more, collateral incidents,

similar to the cases in which the administration and the fact of death

have been proved beyond all possibility of dispute. Why, in two cases

which have been mentioned--that of Mrs. Smyth and the Glasgow girl--the

heart was congested and empty. We know that in cases of tetanus death

may result from more than one cause. All the muscles of the body are

subject to the exciting action of the poison. But no one can tell in

what order these muscles may be affected, or where the poisonous

influence will put forth. When it arrests the play of the lungs and the

breathing of the atmospheric air, the result will be that the heart is

full; but if some spasm siezes on the heart, the heart will be empty.

You have never any perfect certainty as to the mode in which the

symptoms will exhibit themselves. But this is brought forward as a

conclusive fact against death by strychnine, and yet these men who make

this statement under the sanction of scientific authority, have heard

both cases spoken to by the gentlemen who examined the bodies. Then with

regard to congestion of the brain, and other vessels, the same

observation applies. Instead of being killed by action on the

respiratory muscles of the heart, death is the result of a long series

of paroxysms, and you expect to find the brain and other vessels

congested by that series of convulsive spasms. As death takes place from

one or other of these causes, so will the appearances be. There is every

reason to believe that the symptoms in this case were symptoms of

tetanus in the strongest and most aggravated form. Looking at the

symptoms which attended this unhappy man, setting aside the theory of

convulsions of epilepsy, of arachnitis, and angina pectoris, and

excluding idiopathic and traumatic tetanus--what remains? The tetanus of

strychnine, and the tetanus of strychnine alone. And I pray your

attention to the cases in which there was no question as to strychnine

having been administered in which the symptoms were so similar--the

symptoms so analogous--that I think you cannot hesitate to come to the

conclusion that this death was death by strychnine.

Several witnesses of the highest eminence, both on the part of the Crown

and for the defence, agree that in the whole range of their experience,

observation, and knowledge, they have known of no natural disease to

which these remarkable symptoms can be attributed. That being so, and

there being a known poison, which will produce them, how strong, how

cogent, how irresistible is the conclusion that it is that poison, and

that poison alone, to which they are to be attributed. On the other

hand, the case is not without its difficulties. Strychnia was not found

in this body, and we have it no doubt upon strong evidence, that in a

great variety of experiments upon the bodies of animals, killed by

strychnia, strychnia has been detected by tests which science placed at

the disposal of scientific men. If strychnia had been found, of course

there would have been no difficulty in the case, and we should have had

none of the ingenious theories which medical gentlemen have been called

here to propound. The question for your consideration is, whether the

absence of its detection leads conclusively to the view that this death

was not caused by the administration of strychnia. Now, in the first

place, under what circumstances was the examination made by Dr. Taylor

and Dr. Rees. They told us that the stomach of the man was brought to

them for analysation under the most unfavourable circumstances. They

state that the contents of the stomach had been lost, and therefore they

had no opportunity of experimenting upon them. It is true that they who

put the portions of the body into the jar make statements somewhat

different. But there appears to have been by accident some spilling of

the contents, and there is the most undeniable evidence of considerable

bungling in the way in which the stomach had been cut and placed in the

jar. It was cut, says Dr. Taylor, from end to end, and it was tied up at

both ends. It had been turned among the intestines, and placed amongst a

mass of feculent matter, and was in the most unsatisfactory condition

for analysation. It is very true that Dr. Nunneley, Mr. Herapath, and

Dr. Sotheby say that whatever impurities there may have been, if

strychnia had been in the stomach they would have found strychnia there.

I should have had every confidence in the testimony of Mr. Herapath if

he had not confessed a fact which had come to my knowledge, that he had

asserted that this was a case of poisoning, but that they did not go the

right way to find it out. I reverence the man who, from a sense of

justice and love of truth, will come forward in favour of any man for

the purpose of stating what he believes to be true; but I abhor the

trafficked testimony which I regret to see men of science sometimes

advance. But, assuming all they say to be true, as to the case of

detecting strychnine, is it certain that it can be found in all cases?

Dr. Taylor says no; and it would be a most mischievous and dangerous

proposition to assert that it is necessarily so, for it enables many a

guilty man to escape, who, by administering the smallest quantity

necessary to destroy life, might prevent its detection in the stomach.

What have these gentlemen done? They have given large doses in the

experiments they have made for the purposes of this case, in which they

have been retained--I use the word “retained,” for it is the proper

word--in all these cases, I say, they have given doses large enough to

be detected. But the gentlemen who made the experiments in Cook’s case

failed in detecting strychnine in two cases out of four in which they

had administered it to animals. The conclusion I draw is that there is

no positive mode of detection. But this case does not rest here. Alas, I

wish it did! I must now draw your attention to one part of the case

which has not been met or attempted to be disputed in the slightest

degree by my learned friend. My learned friend said that he would

contest the case for the prosecution step by step. Alas! we are now upon

ground upon which my friend has not even ventured a word in explanation.

Was the prisoner at the bar possessed of the poison of strychnia? This

is a matter with which it behoved my learned friend to deal, and to

exhaust all the means in his power in order to meet this part of the

case. The prisoner obtained possession of strychnia on the Monday night.

It is true that the evidence of the man who sold the strychnia to

Palmer, as I stated at the outset of these proceedings, and I repeat it

now, must be received with care and attention. Now Newton said that on

the night when Palmer came back from London, he came to him and obtained

three grains of that poison, the symptoms and effects of which are

precisely similar to those which are stated to have occurred in the case

of this poor man. With respect to the evidence of Newton, my learned

friend has done no more than repeat the warning which I gave you at the

commencement of the case. You have heard the reason assigned by the

witness why he did not state the fact of his having sold strychnine to

the prisoner on the previous evening, before the coroner, and you will

judge of the value of the explanation which he gave. Upon the other

hand, there is the consideration, what conceivable motive could this

young man have had for now coming forward and deposing to the fact of

his having sold this poison to the prisoner, except a sense of truth. My

learned friend has very justly and very properly asked for your most

attentive consideration to the question of the motives involved in this

part of the evidence, before you can come to the conclusion of the

prisoner having taken away, with malice and forethought, the life of

another.

Hideous though may be the crime of taking away life by poison, it is

probably not so horrible to contemplate as the motive of a judicial

murder effected by a false witness against a man’s life. Can you suppose

that this young man Newton could have the shadow of any such motive in

coming forward in a court like this to take away the life of the

prisoner at the bar, as, alas! his evidence must do, if you believe him.

If you believe the witness that, on the Monday night, for no other

conceivable and assignable purpose except the deed of darkness to be

committed that night, the prisoner at the bar obtained from him the

fatal means and instrument whereby Cook was to be destroyed, it is

impossible that you can come to any other conclusion than that the

prisoner is guilty of the foul deed with which he stands charged at the

bar. My learned friend says that Newton did not speak truth, because,

first, he did not make this statement before the coroner; and, secondly,

because Newton laid the time of Palmer’s arrival at nine o’clock,

whereas he did not arrive until ten o’clock. Now Newton only stated that

it was about nine o’clock, and every one knows how easy it is to make a

slight mistake as to the hour when there is nothing particular to fix

the event on the memory. My learned friend has sought to meet this part

of the case. He has produced a witness, all I can say of whom is, that

for the sake of the prisoner at the bar, I trust you will not allow him

to be affected by anything which that most disreputable witness,

Jeremiah Smith, has stated. Now Dr. Bamford said that Palmer told him he

had himself seen Cook between nine and ten o’clock, while Smith said

that they did not leave the car until past ten o’clock. With respect to

the evidence of Smith that he saw Palmer alight from the car, go from

thence to the house of Palmer’s mother, I ask you not to believe one

single word of it, because I do not myself believe a single word of his

evidence. Certainly such a miserable spectacle as that witness in the

box, I have never seen surpassed in a court of justice. He is a member

of the legal profession, and I blush that such a member is to found upon

the rolls. There was not one who heard his evidence who was not

satisfied that the man came here to tell a falsehood--not one who was

not convinced that he was mixed up in many of the villanies which, if

not perpetrated, were, at all events, contemplated, and that he came

here to save the life of his companion and friend, and the son of the

woman with whom he had that intimacy the nature of which he sought in

vain to disguise. I cannot but think that, looking to the whole of this

part of the case, you must believe the evidence of Newton, and if you do

so believe it, then that evidence is conclusive of the case. But the

case does not stop there, because we have the most indisputable evidence

that on the following day Palmer purchased more strychnine at the shop

of Mr. Hawkins.

You remember the circumstance connected with that purchase, Palmer’s

first asking for some prussic acid, and then ordering some strychnine to

be put up for him, Newton coming in, and the prisoner calling him out of

the shop to speak to him of the most unimportant matters. Why did the

prisoner take Newton out of the shop? Evidently because he wished to

avoid exciting suspicions which would very naturally be raised in the

mind of Newton, from the fact of the prisoner having purchased strychnia

on two occasions, and who would very naturally inquire for what purpose

it was that the prisoner wanted nine grains of strychnine. Why did the

prisoner go to Hawkins’s shop to purchase the poison? The reason was

clear. If he had gone to Thirlby’s, who was his former assistant, he

would naturally have asked Palmer for whom the strychnine was intended.

Why the prisoner should have gone on two successive days and purchased

the poison is one of those mysteries attending this case which I cannot

explain. At all events, it is quite clear that he did so. But if there

is some difficulty in this part of the case, there is, on the other

hand, a still greater difficulty arising from the use to which this

poison was to be put. If it was for the purpose of professional use, for

the benefit of some patient, where is the patient, and why was he not

produced? My learned friend passed over this part of the case in

mysterious but significant silence. Account for that six grains of

strychnia. Throw a doubt, if you please, on the purchase of the

strychnine on the Monday night, but on Tuesday it is unquestionably true

that six grains were purchased. If these six grains were required for

the use of any patients, why were they not produced, and if for any

other purpose why was it not explained?

Has there been the slightest shadow of attempt to show the use to which

the poison was applied? Alas! no. Something was said at the outset about

dogs which were troublesome in the paddock to the prisoner’s mares and

foals, but that was proved to have been in September. And if there had

been any recurrence of this annoyance why was it not proved in evidence?

If it were used for the purpose of destroying dogs some one must have

assisted him in the act. Why were they not called? But not only were

these persons not called, they were not even named. I ask you what

conclusion you can draw from these circumstances, except this one, that

the death of Cook took place with all the symptoms of poison by

strychnia--death in all the convulsions and throes which that deadly

poison produces in the frame of man.

It is said by my learned friend that Palmer might easily have purchased

strychnine at London, and that he would not have purchased it in Rugeley

on two occasions, if he had intended to have used it for a criminal

purpose. I admit the fact, and feel the full force of the observation;

and if he could have shown any proper use to which the poison was

applied, the assertion would have been one well worthy of your

consideration. But, how do the facts stand with respect to Palmer’s

visit to London? He might, it is true, have purchased strychnine there.

But, then, on the occasion of his visit he had a great deal to do; he

had to catch the train; he had pecuniary difficulties to settle and

arrange; and even then it would have required the certificate of one

other person in order to have obtained the strychnine, as he was not

known in London as a medical practitioner. But what avail all these

suppositions, when we have, on the other hand, the strong and

unmistakeable evidence that the prisoner did actually purchase the

strychnine at Rugeley? Well, then, it has been said that the fact of the

prisoner having called in two medical men, was strong presumptive

evidence to negate his guilt. It is true that he called in Dr. Bamford,

and wrote to Dr. Jones to come and see Cook. Now, as medical men, it is

true, that they would be very likely to know the symptoms of death by

strychnine. But there is a point in this part of the case which deserves

notice. If these symptoms exhibited were not those resulting from

strychnia, but were referable to that multiform variety of diseases to

which the witnesses have referred, there is no reason why the prisoner

should have any credit for sending for these medical gentlemen. It is

quite true that he called on old Dr. Bamford. I speak of that gentleman

in no terms of disrespect, but still I think I do him no injustice when

I say that the vigour of his intellect and the powers of his mind have

been impaired, as all human powers are liable to be, by the advance of

age. I do not think he was a person likely to make any very shrewd

observation as to the cause of the death of Cook; and the best proof of

this is to be found in what he did and what he wrote on the subject.

As regards Mr. Jones, these observations do not apply, for he was a man

in the possession of the full powers of mind. The prisoner selected

Jones, and the result proved how wise he was in making that selection.

The death of Cook occurred in the presence of Jones, with all those

painful symptoms you have heard described, and yet Jones suspected

nothing, and if the prisoner had succeeded in introducing Cook’s body

into that “strong oak coffin” which he had made for him, the body would

have been consigned to the grave, and nobody would have known anything

of these proceedings, while the presence of Jones and Dr. Bamford would

have been used to prevent any suspicion. On the other hand, it is not at

all improbable that the prisoner might have thought that the best mode

of disarming all suspicions would be to take care that some medical men

should be called in, and should be present at the time of death. There

is nothing to show that the prisoner entertained the most distant notion

that Jones would have to sleep in the same room as Cook, and if this had

not been the case, they would have found in the morning that Cook had

gone through his mortal struggle, and had died there alone and

unfriended. Cook would have been found dead next morning, and the old

man would have said he died of apoplexy, and the young man that he died

of epilepsy; and had any suspicion been awakened, it would have been

urged in reply, as it has been by my learned friend, that two medical

men were called in by the prisoner previous to his death. But the case

does not end here. We have had a great many witnesses who have told us a

great deal about strychnia, but none that have said a word about

antimony.

On the Wednesday night, at Shrewsbury, when Cook drank a glass of brandy

and water, he said that there was something in it which burned his

throat, and was afterwards seized with vomiting, which lasted for

several hours. On that same night, Mrs. Brooks saw the prisoner shaking

something in a glass. It is a remarkable fact, that when Cook drank that

brandy and water, he was taken ill a few minutes after. There were, it

is true, other persons taken ill at Shrewsbury about the same time; but

still you will have to bear in mind that scene of the shaking up of the

fluid in the glass in the passage, the fact that Cook was somewhat in

liquor, and that in that state he ought not to have been told by the

prisoner that he would not drink any more unless he finished his glass.

Pass on, however, to Rugeley. You still find that Cook was under the

influence of the same symptoms as those which he suffered at Shrewsbury.

You have the fact of the prisoner sending him over toast and water and

broth, and that no sooner had the poor man taken these things than he is

seized with incessant vomitings of the most painful character. Then,

too, there was the broth, said to have been sent by Smith from the

Albion, which was sent, however, not to the Talbot Inn, but to the

prisoner’s kitchen. This broth was taken over to the Talbot by the

prisoner himself, and as soon as it was touched by Cook, vomitings

followed. There is, too, the fact that the servant at the Talbot, after

taking two spoonfuls of the broth, was ill for several hours, and

vomited something like twenty times. Then, again, on the Monday, when

the prisoner was absent, Cook was found to be better; but upon the

Tuesday, when he returned to Rugeley, the vomitings again returned. Now,

the important fact is, that antimony was found in the tissues of the

poor man’s body, and in his blood; and the presence of the antimony in

the blood shows that it must have been taken within the last forty-eight

hours before death. The small quantity found does not afford, however,

the slightest criterion of the whole quantity administered. A part of

the quantity given would be thrown up in the vomiting.

Something has been said about Cook having taken the antimony in “James’s

powder,” but not a tittle of evidence has been given that he ever took

any of these powders, while the presence of the antimony in the blood

proved that it had been administered within, forty-eight hours of death.

I believe that you will feel that you have a right to conclude from all

the evidence that has been brought before you upon this point, that

antimony had been administered to Cook in a mode and in quantities which

showed that it could have been given for no legitimate object; and

further, that it must have been administered by the prisoner. And from

these facts you will see how great is the probability that he must, in

that case, have acted with the view of carrying out a fatal resolution

previously formed; for it is well known that antimony has often been

given in amounts capable of destroying life. But let us take into

consideration the conduct of the prisoner in the afterstages of the

case, and let us look at what took place on the day of Cook’s death. On

the preceding night he had suffered from what was indisputably a most

severe attack. Dr. Bamford sees Palmer on the Tuesday morning, and not a

word is said to him about that attack. The prisoner manifests an anxiety

that he should not see the deceased; he states that Cook is quiet, and

is dosing, and that he does not wish to have him disturbed. That might

be. But on the other hand it must be remembered that if Dr. Bamford had

seen Cook in the morning, Cook would in all probability have made known

to him his frightful suffering of the night before, as they must then

have formed the subject which was, of all others, the most present to

his memory. Dr. Bamford, however, did not see the deceased until seven

o’clock on the Tuesday evening, when he was much better. Palmer had then

talked of his having suffered from a bilious affection; and it is a

remarkable fact that he had more than once represented the illness of

Cook as one arising from a bilious attack, both to Dr. Bamford and Dr.

Jones, although the patient had exhibited none of the symptoms which

ordinarily accompany a bilious constitution. The moment Dr. Jones saw

him he made the observation that his “tongue was not that of a bilious

patient,” and the answer he got from Palmer was, “Oh, you should have

seen him before.” Seen him when before? There was not the slightest

ground for supposing that he had been suffering from any bilious

complaint, either at Shrewsbury or since his arrival at Rugeley. But not

one word did Palmer say to Dr. Jones about the fit of Cook on the night

before. Well, the three medical men consulted together, by the bedside

of the patient, and then Cook turned round and said, “Mind, I will have

no more pills and medicine, to-night,” remembering, as he no doubt did

at the time, his illness of the preceding night. No observation was made

even then by Palmer as to what had been the nature of Cook’s attack on

the night before; but the medical men having withdrawn into the

adjoining room or lobby, Palmer immediately proposed that Cook should

again take the same pills he had taken on the previous night; but he

desired Jones not to say anything to him about what they contained, lest

he might object to take them.

It was then arranged that the pills should be made up, and Palmer

proposed that they should be compounded by Dr. Bamford, although it was

then early in the evening, and he might easily have prepared them on his

own premises. He accompanied Dr. Bamford to the surgery of the latter;

and after the pills had been made up there, he asked Dr. Bamford to

write the address on them, and the address was so written. An interval

occurred of an hour or two, during which the prisoner had abundant

opportunities of going to his surgery, and doing what he pleased in the

way of changing the pills. He returned to the hotel, and before he gave

the pills to Cook he took care to call the attention of Jones, who was

present at the time, to the remarkable handwriting of an old gentleman

like Dr. Bamford, by whom the direction of the medicine had been

written. What necessity was there for that? Might it not have been part

of a preconceived design to save himself from any subsequent suspicion,

by his being able to state that the pills had been prepared by Dr.

Bamford? and might it not have been done for the purpose of disarming

any immediate suspicion on the part of Dr. Jones himself? Have we not

every reason to suppose that it may have been effectual in accomplishing

the latter result? Any one of these circumstances could not have been of

so decisive a character as to lead you to the conviction of the

prisoner’s guilt; but I ask you to consider them as a series of events

following one another in close succession; and I then leave it to you to

draw from them the conclusion to which you may find they must

legitimately lead. I will now pass over for a moment the remainder of

the history of the Tuesday night, and I will take you to the

circumstances which immediately followed Cook’s death. On the Thursday,

Mr. Stevens, the stepfather of the deceased, went over to Rugeley, on

receiving intelligence of the sad event. He applied to Palmer for

information upon the subject of Cook’s affairs; and in the course of the

communications which passed between them, Stevens said, “rich or poor,

the poor fellow should be buried.” Palmer then observed that he would

undertake to bury him himself, but Mr. Stevens declined, in a decisive

manner, to avail himself of that offer. I admit that there may be

nothing suspicious in the proposal of Palmer to bury his friend, if it

should be taken by itself, but there is this somewhat remarkable

circumstance in this part of the case, that when Mr. Stevens had said

that he could not have the funeral for a few days, Palmer observed that

“the body ought to be put into a coffin immediately;” and when, after an

absence of about half an hour, he returned, and was asked by Mr. Stevens

for the name of an undertaker to whom he should give directions about

the funeral, the prisoner stated, much to the surprise of the gentleman

whom he was addressing, that “he had himself ordered a shell and a

strong oak coffin.” Why should he have so hurriedly interfered in the

business of another man, unless he had made up his mind that the body

should be consigned to its last resting place, and removed from the

sight of man with the utmost possible rapidity?

You have heard the conversation which took place between Mr. Stevens and

the prisoner on the Saturday at the different railway stations at which

they met. It appears that at that time Mr. Stevens had made up his mind

that a _post-mortem_ examination of the body of the deceased should take

place, in consequence of circumstances which had engendered a suspicion

in his mind that the death of his step-son had not been the result of

natural disease. He had noticed the strange attitude of the

deceased--his clinched hands, and the unusual appearance of his

face--and being a man of natural shrewdness and sagacity, he felt a

lurking suspicion which he could not unravel, that there must have been

foul play in the case. He made known to the prisoner his intention of

having the body opened before it was consigned to the grave. It is true

that the prisoner did not flinch from that trying ordeal, and that he

met with firmness the trying gaze of Mr. Stevens, when the report of the

_post-mortem_ examination was first mentioned. But finding that there

was to be a _post-mortem_ examination, he was anxious to know who was to

perform it. Mr. Stevens would not inform him, but merely stated that it

was to take place on the Monday. Then we have on the Sunday that

remarkable conversation between the prisoner and Newton, which has been

for some time known to the Crown. It is true that Newton did not mention

the conversation in the course of his examination before the coroner;

but the reason for his silence upon the subject on that occasion may be

easily proved. He was called at the inquest solely for the purpose of

corroborating the evidence of Roberts with respect to Palmer’s

appearance in Dr. Hawkins’s shop on the Tuesday morning; and to that

point his evidence before the coroner was confined. He has since deposed

that during a conversation with Palmer on the Sunday, the latter

suddenly asked him, “What quantity of strychnine would you give if you

wanted to kill a dog?” The reply was, “From half-a-grain to a grain.”

The prisoner then asked, “Would you expect to find any traces of it in

the stomach after death;” Newton answered, “No;” and, on his doing so,

he observed the prisoner make a movement conveying an intimation of his

delight.

I had at one time thought that my learned friend engaged for the defence

would have attempted to show that the prisoner had purchased the

strychnia at the commencement of the week for the purpose of destroying

dogs; but no evidence whatever has been adduced to establish such a

point; and we had no evidence of any kind to show how that strychnia was

applied. But my learned friend has contended that the prisoner had no

motive for taking away the life of his friend, Cook. Now if I convince

you upon unimpeachable evidence that the death of Cook had bean caused

by strychnine, and that that strychnine could only have been

administered by the prisoner, then the question of motive must become a

mere secondary consideration. It is often difficult to dive into the

breast of man, and to ascertain with any certainty the reasons which

directed him to any particular course of action; and the inscrutable

character of any particular motive ought not to destroy the force of a

well-authenticated fact. But motive is unquestionably an important

element in a case over which any doubt as to the facts can by any

possibility rest. I believe I can perfectly satisfy your minds that in

this case the prisoner had a motive, and a very obvious motive, for

taking away the life of Cook. He was at the time reduced to a condition

of the direst embarrassment. It appears that in the month of November

last he owed on bills not less than £19,000, of which £12,500 worth was

in the hands of Pratt; and out of that latter sum £5,500 was pressing

for immediate payment. By the death of Cook he was enabled to obtain

possession of £1,020, due to the latter in the shape of bets; he was

enabled to obtain possession of the money which Cook must have had about

him on his arrival at Rugeley, and which, according to one of the

witnesses, must have amounted to £700 or £800; and he attempted to

obtain possession of the £350 which the Messrs. Weatherby were to have

received as the amount of the stakes of the Shrewsbury Handicap. The

order forwarded by Palmer to the Messrs. Weatherby for the £350, and

purporting to bear the signature of Cook, had been sent back by them to

the prisoner; and if that signature was not a forgery, why had it not

been produced on the part of the defendant?

My learned friend says that Cook was the best friend of the prisoner,

and that Cook was the only person to whom he could look for assistance

in his embarrassments. But Cook had no means of assisting him, unless he

were to appropriate to his use the money which he had won at Shrewsbury,

which was all the property he then possessed; and can any one believe

that the deceased would have parted with that money, and would have left

himself wholly without any resources for the approaching winter? My

learned friend contends that the fact that Palmer had written the letter

on the Friday night, in which he asked Fisher to pay £200 to Pratt, on

account of a transaction in which both he and Palmer were interested,

while £300 more were to be sent upon that night--my learned friend

contends that that fact shows that the prisoner and the deceased

perfectly understood one another at the time, and goes far to prove the

innocence of his client. To my mind, however, that very circumstance

affords a very strong argument in favour of the case for the Crown. The

only transaction with Pratt, in which Palmer and Cook were both

interested, was that relating to the bill for £500, and in which Cook

had assigned his horse as a collateral security. It is very easy to see

that he must have felt particularly anxious that that claim should at

once be settled, and that his horses should come into his own undisputed

possession, one of these horses being a very valuable one, namely,

Polestar, which had just won the Shrewsbury race. He accordingly, I have

no doubt, gave Palmer £300 to be sent up to London on account of that

bill; but that sum was never applied by the prisoner to the purpose for

which it had been placed in his hands. There is not the slightest

foundation for the statement that Cook had entered into an arrangement

with Palmer for the purpose of defrauding Fisher of the £200 he had

advanced; for there was nothing in his character which could show that

he was capable of so infamous an act, and it could not possibly have

been his interest that it should take place. I will not ask you to

direct your attention to the request addressed by the prisoner to

Cheshire, the postmaster, that he should bear his witness to the

genuineness of Cook’s signature to the order on the Messrs. Weatherby

for the sum of £350. That request was made forty-eight hours after

Cook’s death; and if the signature was not a forgery, why was that

extraordinary demand made of Cheshire, and why had not the document been

since produced? It is impossible to forget that if Cheshire had

testified to the genuineness of that document, the prisoner would have

been enabled to exercise over him the most fatal control, and that he

might then have compelled him to sign another paper, transferring, as

the prisoner had sought to do in the course of one of his conversations

with Mr. Stevens, to the deceased the liability for £4,000 or £5,000 due

on bills to Pratt, and outstanding in his own name.

All these facts show irrefragably, as I contend, that the death of Cook

had, in the opinion of the prisoner, become most desirable for his own

relief. There is another part of his conduct as tending to throw light

on this matter, and that is with reference to Cook’s betting book. On

the night when Cook died--ere the breath had hardly parted from that

poor man’s body--the prisoner was found there, rummaging his pockets,

and searching for his papers. When, subsequently, Stevens asked for the

betting book, the prisoner said, “Oh, it’s of no use, for a dead man’s

bets are void.” True it is that a dead man’s bets are void, but not when

they are paid during his life. Who received the bets? The prisoner at

the bar. Who was answerable for them? The prisoner at the bar. Who had

an interest in concealing the amount of those debts? The prisoner at the

bar. If Stevens had seen that book, he would have seen that Cook was

entitled to a sum of £1,020; he would have seen that Fisher was his

agent, and from him that Herring, and not Fisher, had calculated his

bets. But there is still more yet to be accounted for. When Stevens

determined upon having a _post-mortem_ examination, what was the conduct

of the prisoner at the bar? [The learned Attorney-General then

proceeded to refer to the arrival of Dr. Harland in the town of Rugeley

for the purpose of making the examination, his conversation with Palmer,

when the latter said that Cook had died of epileptic fits, and that

traces of old disease would be found in the head and heart, none of

which were, however, found on the examination of the body; the removal

of the jar containing the stomach and intestines of Cook, the slits cut

in the covering probably for the purpose of introducing something into

the jar, which would neutralise the poison if it were present, the

restlessness and uneasiness of the prisoner while the examination was

going on, his remonstrating with Dr. Bamford for letting the jars be

sent away, and his attempt to bribe the post-boy to upset the chaise and

break the jar.]

The conduct of Mr. Stevens, the stepfather of Cook, in resolving to

prosecute this inquiry, was such as the gravity and importance of the

case proved ought to have protected him from the charge of insolent

curiosity brought against him by my learned friend. The hon. and learned

gentleman then concluded as follows:--It is for you to say, under these

circumstances, whether or not the death of the deceased was caused by

the prisoner at the bar. You have indeed had introduced into this case

one other element which I cannot help thinking might well have been

omitted. You have heard from my learned friend an unusual, I think I may

even say an unprecedented, expression of the innocence of his client. I

can only say on that point that I believe my learned friend might have

abstained from any such statement. What would he think of me, if,

imitating his example, I should at this moment declare to you, on my

honour, as he did, what is the internal conviction which has followed

from my conscientious consideration of this case? My learned friend has,

with a full display of his great ability, also adopted another course,

which, although sometimes resorted to by members of our profession,

involves in my mind a species of insult to the good sense and the good

feeling of the jury; he has endeavoured to intimidate you by evoking

your own conscientious scruples for the purpose of preventing you from

adopting the only honest mode of discharging the great duty you are

called upon to perform. My learned friend told you that if your verdict

in this case should be Guilty, the innocence of the prisoner will one

day or other be made manifest, and you would never cease to regret the

verdict you had given. If my learned friend was sincere in that--and I

know that he was, for there is no man who is more alive than he is to

the claims of truth and honour--but if he said what he believed, all I

can state in answer is, that I can only attribute the conviction he has

expressed to that strong bias which his mind easily, perhaps, received

in directing all his energies to the defence of a man charged with this

frightful crime. But I still think he would have done well to have

abstained from any assurance of the innocence of the prisoner at the

bar. I go further, and say that I think he ought, in justice and in

consideration to you, to have abstained from telling you that the voice

of the country would not sanction the verdict which you might give. I

say nothing of the inconsistency which is involved in such a statement,

coming from one who but a short time before complained in eloquent terms

of the universal torrent of passion, and of prejudice by which, he said,

his client was borne down.

In answer to my learned friend, I have only this to say to you. Pay

no regard to the voice of the country, whether it be for

condemnation or for acquittal; pay no regard to anything but to the

internal voice of your own consciences; trust to the sense of that

duty to God and man, which you are about to discharge upon this

occasion, seeking no reward except the comforting assurance that

when you shall look back at the events of this trial you have

discharged, to the best of your ability, and to the utmost of your

power, the duty you have been called upon to fulfil. If, on a

review of the whole case, comparing the evidence on one side and on

the other, and weighing it in the even scales of justice, you can

come to the conclusion of the innocence, or even entertain that

fair and reasonable doubt of guilt, of which the accused is

entitled to the benefit, in God’s name give to him that benefit.

But if, on the other hand, all the facts and all the evidence lead

your minds with satisfaction to yourselves to the conclusion of his

guilt, then--but then only--I ask for a verdict of Guilty at your

hands. For the protection of the good, for the repression of the

wicked, I then ask for that verdict by which alone--as it seems to

me--the safety of society can be secured, and the demands--the

imperious demands--of public justice can be satisfied. (The hon.

and learned gentleman concluded his address shortly after half-past

six o’clock, after having occupied the breathless attention of

every one who had heard him during a period of three hours and

three quarters).

Lord Campbell then addressed the jury as follows:--the cause of public

justice imperatively requires that the court should now adjourn. I shall

feel it my duty, in this important case, to bring before you the whole

of the evidence on the one side and on the other, accompanying the

reading of it with such remarks as I may think it proper to make. It is

impossible to enter on that duty at this hour, and I am, therefore,

under the painful necessity of ordering that you be again kept

sequestered from your families and friends during another Sabbath.

The court then adjourned at twenty-five minutes to seven o’clock until

ten o’clock on Monday.

We may here observe that the prisoner listened with deep attention to

the whole of the address of the Attorney-General, and even with, an air

of considerable anxiety, although he still preserved his usual perfect

self-possession.

The Most Extraordinary Trial of William Palmer, for the Rugeley Poisonings, which lasted Twelve Days · 第 49 / 54 题