TWELFTH DAY, MAY 27.

The opening of the Court this morning presented the same extraordinary

scene of excitement which was witnessed yesterday. The Court was filled

immediately after the opening of the doors, and throughout the day long

the Old Bailey was thronged with persons anxious to learn the progress

of the summing up, or to obtain admission into the Court.

The prisoner exhibited no marked change in his appearance. Occasionally

he listened with attention to Lord Campbell’s charge, and passed notes

to his counsel; but for the most part there was much of apparent

indifference in his demeanour.

The Lord Chief Justice, Baron Alderson, and Mr. Justice Cresswell, took

their seats on the bench at ten o’clock.

His Lordship commenced this morning by observing, that at the

adjournment yesterday evening, he had laid before the jury all the

evidence for the prosecution, and certainly this evidence presented a

serious case against the prisoner. It appeared that in the middle of

November last the prisoner was involved in pecuniary difficulties of a

most formidable character, and from which he could not have possibly

extricated himself without the most extraordinary means. At this period,

the prisoner accompanied the deceased to Shrewsbury races, where the

deceased won a large sum of money, and where, it was alleged, the

prisoner formed the design of getting possession of the deceased’s

property. Before and after the death, the prisoner took steps to collect

all the money due to the deceased, and resorted to a device for securing

the horse Polestar, which also had belonged to the deceased. In fact,

had the plans of the prisoner, as developed in the evidence, succeeded,

he would have become possessed of all the deceased’s property; and hence

it could not be said that he would have derived no benefit from the

death of his friend, nor could it be urged that the balance of

advantages was in favour of his wishing the deceased to live; hence

there was a strong motive for the committal of the crime imputed to the

prisoner; and with this knowledge in their possession, it was for the

jury to determine whether the symptoms of the deceased justified the

conclusion of the scientific evidence for the prosecution--that death

was the result of poisoning by strychnine.

It was true that no strychnine had been found in the deceased’s stomach,

but in point of law there was no necessity that it should be found to

justify the conviction of the prisoner, if there were other and

sufficient evidence to satisfy the minds of the jury that such a poison

had been administered. Well, now, there were two instances in evidence

where, beyond all question, strychnine had been administered, and yet no

traces of it could be found after death, while another portion of the

evidence went to show that the body could be so prepared by antimony and

similar deadly drugs, as entirely to destroy all traces of strychnine

after it had run its fatal course. Now, in this case, there was the

strongest proof that antimony must have been administered to the

deceased immediately before death; and coupling that circumstance with

the evidence of the medical men who had described first the symptoms of

the deceased, and secondly, the symptoms usually observed in strychnine

poisoning, it would be for the jury to say whether the prosecution had

succeeded in bringing the charge of murder home to the prisoner. There

were individual acts of the prisoner proved in evidence, which the jury

might very well consider in arriving at their final conclusion, such as

the fact of his having purchased or obtained strychnine from two

different persons just previously to the death; the fact of his having

attempted to bribe the post-boy to upset the jars, the fact of his

having got the post-master to open Dr. Taylor’s letter; and lastly, the

fact of his having tampered with the coroner to procure a verdict which

would have amounted to an acquittal of the charge which was then, as

now, hanging over his head.

These were the main features of the case for the prosecution, and having

duly weighed and considered them, it would be for the jury to say

whether they brought to their minds an irresistible conviction of the

prisoner’s guilt. On the other hand, numerous witnesses had been called

for the defence, and it remained for him to go through their evidence

with the same care and patience with which he had gone over that of the

prosecution. Like the evidence of the prosecution, the evidence for the

defence partook of a moral and medical character. Those who had been

called to give the latter evidence were men, of high honour, of

unsullied integrity, and profound scientific knowledge, and it was only

due to them to say, that in coming there they appeared to have been only

actuated by a desire to speak the truth, and to assist in the due

administration of justice. This evidence his lordship then proceeded to

read over, commencing with Dr. Nunneley. Commenting upon that

gentleman’s evidence, his lordship observed that Dr. Nunneley seemed to

have displayed an interest in the case which was not altogether

consistent with the character of a witness. He differed very much from

some of the witnesses examined for the prosecution, particularly in

reference to rigidity being produced by strychnine after death, and it

would be for the jury to determine to which side they attached the most

weight in these matters.

The next witness in order was Dr. Herapath, a gentleman who had directed

much attention to the operation of poisons. His lordship having read Dr.

Herapath’s evidence, observed that it differed from that of the

prosecution in a leading particular, inasmuch as it went to affirm that

where death was occasioned by strychnine, its traces were always

discernible in the body, but on cross-examination the witness admitted

that he had before expressed an opinion that Cook died of strychnine,

and that Dr. Taylor had not taken the proper means to find it.

Passing to Dr. Letheby’s evidence his lordship remarked, after reading

it, that the exceptions which in cross-examination the doctor allowed he

had met with in his experience, of the effects and symptoms of

strychnine, were sufficient to neutralise the evidence in chief so far

as it went to rebut that of the prosecution.

The next witness was Dr. Guy, who spoke to having seen a case of

idiopathic tetanus in an omnibus conductor. Remarking upon this

evidence, his lordship said it was for the jury to say whether the

symptoms in this case sufficiently corresponded with those of the

deceased, to bring the two cases into the same class; but it must be

observed that there was a difference in the symptoms, while there was

strong evidence on record, which went to show that the deceased’s case

was neither traumatic nor idiopathic tetanus.

The next evidence was that of Mr. Ross, who instanced a case where a man

had died from tetanus induced by ulcers on the body; but his lordship

reminded the jury that, in the case of the deceased, there was no

evidence whatever that he had suffered from wounds or sores of any kind.

Speaking of the evidence of Dr. Wrightson, who had discovered strychnine

in putrefying blood and decomposed matter, and who had given an opinion

that strychnine never decomposed, his lordship told the jury that the

doctor, who was a man of eminent scientific attainments and

unimpeachable honour, had given his evidence with becoming caution. The

doctor seemed to think, that the poison, if administered, ought to have

been found, and in dealing with this part of the case the jury would

have to consider whether it might not have existed in this case, and yet

have defied the tests employed to discover it.

Referring to the evidence of Dr. Partridge, his lordship said it was

remarkable in this--that the symptoms of the deceased did not strictly

correspond with those he should have expected in the case of a death

from strychnine.

His lordship next read the evidence of Dr. Guy, who spoke to a case of

tetanus in a child of eight years of age, supervening from an injury to

the great toe, and expressed his opinion that there was no analogy

between that and this case, while the witness, his lordship added, had

declared it to be his belief that attacks of tetanus could always be

traceable to some collateral cause. His lordship then read the lengthy

evidence of Dr. McDonald, of Edinburgh, who attributed the death of Cook

to “epileptic convulsions with tetanic complications,” adding that it

was within the range of probability that the convulsions in this case

before the fatal attack were the result of mental excitement. His

lordship reminded the jury that this was the only witness who had given

a positive opinion as to the cause of death; the cause he had described,

and it might, according to the witness, have arisen from mental, moral,

or sexual excitement. It was for the jury to say what weight they

attached to this testimony in the face of the other mass of medical

evidence leading to a different conclusion. Having disposed of other

witnesses, his lordship came next in order to the evidence of Dr.

Richardson, who had described a remarkable case of angina pectoris, and

had pronounced an opinion that the symptoms as described in Cook’s case

presented a singular similarity to those of the strange case referred

to. It was for the jury to determine whether the deceased died from an

attack of the same disease; but on cross-examination the witness

admitted that the symptoms in his case might hive resulted from

strychnine, but at the time it occurred the effects of strychnine were

not so well understood as at the present day, or he would have searched

for it. Both in that case, as in Cook’s case, the symptoms were, the

witness said, not inconsistent with poisoning by strychnine, and that

was one of the questions the jury had to decide. Having read Catherine

Watson and Dr. Wrightson’s evidence, his lordship said this closed the

medical portion of the defence, and perhaps this would be the fitting

moment for an adjournment.

The Court accordingly adjourned for twenty minutes.

On the Court resuming,

His Lordship continued his charge. They had now (he said) to deal with,

the evidence of facts adduced by the defence. The first witness of this

kind was Matthews, the inspector of police at Euston-square, and from

his evidence, it might be taken as probable that on the Monday before

the death the prisoner went down from London to Rugeley by the five

o’clock express train. The next witness was Mr. Foster, the farmer, who

had known the deceased for some years, and who was called to speak to

the state of Cook’s health; but his lordship thought the testimony of

this witness, as bearing upon that particular point, was very slender.

Myatt came next, who had spoken to the brandy and water incident at

Shrewsbury, and who returned with the prisoner and the deceased from

Shrewsbury to Rugeley on the Thursday before the decease. This evidence,

his lordship said, was intended to show that the prisoner could not have

tampered with the deceased’s glass; it was inconsistent with the

evidence of Fisher and Mrs. Brooks, who were called for the prosecution,

and it would be for the jury to decide between them. Then they came to

the evidence of Mr. Serjeant, who saw the deceased’s tongue and mouth a

fortnight before the death, and the jury must decide whether the

appearances which the witness saw were consistent with the deceased’s

state of health as represented by the evidence for the prosecution. His

lordship then read the evidence of Mr. Jeremiah Smith, the solicitor, of

Rugeley, and also the three letters written by Cook to Smith with

reference to some bills which were due or overdue, the allusions to an

alleged improper intimacy between the witness and the prisoner’s mother,

and Smith’s denial of his handwriting in a document produced by the

prosecution, and purporting to bear his signature and the signature of

Walter Palmer.

To this point his Lordship directed special attention, remarking that as

the witness said he had no doubt that he had received the document from

William Palmer, the question for decision was whether William Palmer had

forged Smith’s signature. Remarking generally upon the evidence of this

witness, the Lord Chief Justice said it was a question for the jury to

decide--what reliance was to be placed on the testimony of this man, who

had denied his signature to the instrument produced, and then allowed

that it might be his signature. Then they had his acknowledgment that he

had received £5 from the prisoner; and the jury must ask themselves

whether he had received that £5 for attesting the signature of Walter

Palmer. There was also the fact of his being concerned in effecting an

insurance upon the life of Walter Palmer for £13,000, when he knew that

Walter Palmer had no means of livelihood except through an allowance

from William Palmer or his mother. And they must also take into

consideration his admission that he had been concerned in endeavouring

to effect an insurance for £10,000 on the life of Bates, whom he knew to

be a man living in lodgings at 6s. 6d. per week, and that he got himself

appointed agent to an insurance society for that purpose.

All these things must be taken into account in deciding upon the

credibility of the witness Smith. His Lordship then proceeded to say

that that was all the evidence which had been adduced; and to direct the

attention of the jury generally to the state of the pecuniary

transactions between Cook and the prisoner,--to the loss of the

betting-book--to the alleged tampering with the post-boy for the purpose

of upsetting the jar--to the resemblance of Cook’s symptoms to death by

strychnine--and, above all, to the purchase of strychnine by the

prisoner. The case was then in their hands; the evidence was before

them, and they were to decide by that evidence; not to convict the

prisoner upon suspicion, or strong suspicion merely; but to weigh the

evidence to the best of their judgment; to give the prisoner the benefit

of any doubt, if doubt existed, but not to be deterred by any

consideration from a due discharge of their duty.

Mr. Serjeant SHEE took exception to the summing up of the Lord Chief

Justice, considering that the question whether the symptoms of Cook were

the symptoms of strychnia was a question which ought not to have been

put, unless there had been added, or symptoms that might have been

produced by any other cause.

Lord CAMPBELL told the jury that unless they considered the death of

Cook was consistent with symptoms of death by strychnine, they ought to

acquit the prisoner.

Mr. Serjeant SHEE urged that the question ought not to have been put, in

his opinion; but if over-ruled, he must submit.

The Lord Chief Justice said he had submitted to the jury that it would

be for them to consider whether the symptoms of Cook were such as might

have resulted from natural disease; but if they thought those symptoms

such as might have been produced by strychnine, then they were to

consider the evidence, and come to a conclusion as to whether the

prisoner administered it or not.

The jury then retired to consider their verdict at eighteen minutes past

two, the judges also retiring; and the prisoner, who wore upon his

features an expression of mute despair, was then, according to such

cases, taken down below.

The crowds in the court broke up into noisy conversational groups as to

the nature of the coming verdict, and the news that the jury were

deliberating travelled fast and far, causing intense excitement outside

the Court, where an immense mass of people speedily assembled.

During the absence of the jury, there was one little incident, full of

significant import, which awakened marked attention, viz., the entrance

into Court of the Rev. J. Davis, chaplain of Newgate, who took his seat

upon the bench near the seats of the judges, in full canonicals, ready

to pronounce the final “Amen,” when sentence of death should be

pronounced, if the jury convicted the prisoner.

The jury re-entered the Court at thirty-five minutes past three, having

been absent one hour and seventeen minutes.

Upon the appearance of the jury every whisper ceased, and men seemed

scarcely to breathe in the solemnity of the moment.

The Judges then resumed their seats, and the prisoner was replaced at

the bar, looking calm and quiet.

The Clerk of the Arraigns inquired of the jury whether they had agreed

upon a verdict?

The Foreman replied in the affirmative.

The Clerk: Do you find the prisoner at the bar guilty or not guilty?

The Most Extraordinary Trial of William Palmer, for the Rugeley Poisonings, which lasted Twelve Days · 第 53 / 54 题