Mr. Serjeant SHEE read a part of the cross-examination:--

“Is not the risus sardonicus very common in all forms of violent

convulsions?--No, it is not common. Does it not frequently occur in

all violent convulsions which assume, without being tetanus, a

tetanic form and appearance?--Yes, it does. Are they not a very

numerous class? No, they are not numerous. Is it not very difficult

to distinguish between them and idiopathic tetanus?--In the onset,

but not in the progress. I think you say you have only seen one

case of idiopathic tetanus?--I have only seen one. When you

answered that question of mine you spoke from your reading, and not

from your experience?--I did not know your question applied to

idiopathic tetanus alone. Does epilepsy sometimes occur in the

midst of violent convulsions?--Epilepsy itself is a disease of a

convulsive character. I am aware of that; but you heard the account

that was given by Mr. Jones of the few last moments before Mr. Cook

died? Yes, I did. That he uttered a piercing shriek, fell back and

died; did he not? Yes. Tell me whether that last shriek and the

paroxysm that occurred immediately afterwards--would not that bear

a strong resemblance to epilepsy? In some respects it bears a

resemblance to it. Are all epileptic convulsions--I do not mean

epileptic convulsions designated by scientific men as of the

epileptic character--are they all attended with an utter want of

consciousness?--No, not all. Does not death by convulsions

frequently occur without leaving any trace in the body behind

it?--Death from tetanus, accompanied with convulsions, leave seldom

any trace behind; but death from epilepsy leaves a trace behind it

generally.”

Lord CAMPBELL.--The jury have heard you read it. It is for them to say

whether it is important in their view or not. Evidence is next given of

various cases of tetanus arising from strychnine; it is for you,

gentlemen, to consider how far the symptoms in those cases resemble the

symptoms in this case, or how far the symptoms in this case resemble

those of ordinary tetanus, idiopathic or traumatic. [The learned judge

read his notes of the evidence given by Dr. Robert Corbett, Dr. Watson,

Dr. Patterson, and Mary Kelly, witnesses examined to prove the symptoms

in the Glasgow case, and then proceeded to call the attention of the

jury to the testimony of Caroline Hickson, Mr. Taylor, surgeon, and

Charles Bloxham, all of whom were examined with reference to the case of

Mrs. Smyth, of Romsey. He then passed on to the Leeds case--that of Mrs.

Dove, whose name had transpired so frequently in the course of the

trial, that it would be vain to affect any reserve on the subject now.

After reading the evidence of Jane Witham and George Morley, the learned

judge observed,--] It is beyond all controversy that strychnia was not

discovered in the dead body of Cook, but it is important to bear in mind

that the witness Morley declares that in cases where the quantity of

strychnine administered had been the _minimum_ dose that will destroy

life, it is to be expected that the chemist should occasionally fail in

detecting traces of the poison after death. That case of Mrs. Dove’s is

a very important one, because it is a case in which it is beyond all

question that death was caused by strychnine, however administered. It

is for you to determine how far the symptoms of this unhappy lady

corresponded with or differed from those of Cook. You will remember that

she had repeated attacks of convulsions. She recovered from several, but

at last a larger dose than usual was given, and death ensued. With

regard to the possibility of the poison being decomposed in the blood,

that appears to be a vexed question among toxicologists, and Mr. Morley

differs on the point from other and, I doubt not, most sincere

witnesses.

The great question for your consideration at this part of the inquiry is

whether there may not be cases of death by strychnia in which,

nevertheless, the strychnia has not--let the cause be what it may--been

discovered in the dead body. [The learned Judge then read the evidence

of Edward Moore in the Clutterbuck case, where an over-dose of strychnia

had been administered; and proceeded as follows:--] I have now to call

your attention to the evidence of Dr. Taylor, but before doing so I

think it right to intimate that I fear it will be impossible to conclude

this case to-night. It is most desirable, however, to finish the

evidence for the prosecution this evening. When that is concluded I

shall be under the necessity of adjourning the Court, and asking you to

attend here again to-morrow, when, God willing, this investigation will

certainly close. [The learned Judge then proceeded to read his notes of

Dr. Taylor’s evidence, and on arriving at that portion of it in which

the witness described the results of his own experiments upon animals

observed,--] There is here a most important question for your

consideration. Great reliance is placed by the prisoner’s counsel, and

very naturally so, upon the fact that no trace of strychnine was

detected in the stomach of Cook by Dr. Taylor and Dr. Rees, who alone

analyzed it and experimented upon it. But, on the other hand, you must

bear in mind that we have their own evidence to show that there may be

and have been cases of death by strychnine in which the united skill of

these two individuals have failed to detect the presence of the

strychnine after death.

Both Dr. Taylor and Dr. Rees have stated upon their oaths that in two

cases where they knew death to have been occasioned by strychnine--the

poison having, in fact, been administered with their own hands--they

failed to discover the slightest trace of the poison in the dead bodies

of the animals on which they had experimented. It is possible that other

chemists might have succeeded in detecting strychnine in those animals,

and strychnine also in the jar containing the stomach and intestines of

Cook; but, however this may be, it is beyond all question that Dr.

Taylor and Dr. Rees failed to discover the faintest indications of

strychnine in the bodies of two animals which they had themselves

poisoned with that deadly drug. Whatever may be the nature of the

different theories propounded for the explanation of this fact, the fact

itself is deposed to on oath; and, if we believe the witnesses, does not

admit of doubt. With regard to the letter from Dr. Taylor to Mr.

Gardner, stating that neither strychnia, prussic acid, nor opium had

been found in the body, his Lordship said this letter was written before

Cook’s symptoms had been communicated to Dr. Taylor and Dr. Rees; but

they had been informed that prussic acid, strychnia, and opium had been

bought by Palmer on the Tuesday. They searched for all these poisons,

but they found none. The only poison they found in the body was

antimony, and therefore they did not, in the absence of symptoms,

attribute death to strychnia, as they could not at that time; but they

say that it possibly may have been produced by antimony, because the

quantity discovered in the body was no test of the quantity which might

have been taken into the system.

As to the letter which was written by Professor Taylor to the _Lancet_,

the learned Judge remarked: I must say I think it would have been better

if Dr. Taylor, trusting to the credit which he had before acquired, had

taken no notice of what had been said; but it is for you to say whether,

he having, as he says, been misrepresented, and having written this

letter to set himself right, that materially detracts from the credit

which would otherwise be given to his evidence. Having concluded the

reading of Dr. Taylor’s evidence, his lordship said: This is Dr.

Taylor’s evidence. I will not comment upon it, because I am sure that

you must see its importance with regard to the antimony and the

strychnia. For the discovery of strychnia, Dr. Taylor experimented upon

the bodies of two animals which he had himself killed with that poison,

but in them no strychnia could be found. [The learned Judge next read

the evidence of Dr. Rees, in commenting upon which he said: I do not

know what interest it could be supposed that Dr. Taylor had to give

evidence against the prisoner. He was regularly employed in his

profession, and knew nothing about Mr. Palmer until he was called upon

by Mr. Stevens, and the jar was given to him. He could have no enmity

against the prisoner, and no interest whatever to misrepresent the

facts. [Mr. Serjeant SHEE reminded the learned Judge that the

experiments upon the two rabbits were not made until after the inquest.]

That makes no difference. If the witnesses are the witnesses of truth,

there are equally cases where there has been the death of an animal by

strychnia, and no strychnia can be found in the animal; if that

experiment had been made this morning, the fact would have been the

same.

Dr. Taylor has been questioned about some indiscreet letter which he

wrote, and some indiscreet conversation which he had with the editor of

the _Illustrated Times_. Against Dr. Rees there is not even that

imputation, and Dr. Rees concurs with Dr. Taylor that in these

experiments the rabbits were killed by strychnia; that they did whatever

was in their power, according to their skill and knowledge, to discover

the strychnia, as they did with the contents of the jar, and no

strychnia could be discovered. As to the antimony, he corroborates the

testimony of Dr. Taylor. Antimony is a component of tartar emetic,

tartar emetic produces vomiting, and you will judge from the vomiting at

Shrewsbury and Rugeley whether antimony may have been administered to

Cook at those places. Antimony may not have produced death, but the

question of its administration is a part of the case which you must

seriously consider. His Lordship then read the evidence of Professor

Brande, of Dr. Christison, a man above suspicion, who said that if the

quantity of strychnia administered was small he should not expect to

find it after death, and of Dr. John Jackson, who spoke to the symptoms

of idiopathic and traumatic tetanus as he had observed them in India,

which, concluded the evidence on the part of the Crown. Having thus gone

through all the evidence for the prosecution, his Lordship intimated

that he should defer the remainder of his charge until the following

day; and the Court was therefore (at eight o’clock) adjourned till ten

o’clock to-morrow (Tuesday) morning.

The Most Extraordinary Trial of William Palmer, for the Rugeley Poisonings, which lasted Twelve Days · 第 52 / 54 题