break Mr. Stevens’ neck”?--I do not remember that.
The “£10 to upset him”?--These were the words to the best of my
recollection.
When he said “to upset him” did he say anything about him at the
time?--He did say something about it, that it was a humbugging concern,
or something to that effect. I do not recollect him saying he was a
suspicious, troublesome fellow.
* * * * *
[Sidenote: S. Cheshire]
SAMUEL CHESHIRE--I was for upwards of eight years postmaster at Rugeley.
I am now from Newgate suffering punishment for having opened a letter as
postmaster. I know the prisoner very well, he and I having been
schoolfellows together. I was with him at Shrewsbury Races the day
“Polestar” won. I saw Mr. Cook at the Talbot Arms on the Saturday, 17th
November. He was in bed at the time. On the Tuesday following Palmer
asked me to meet him at his house and bring a receipt stamp with me. I
did so. He said he wanted me to write out a cheque, which, he said, was
for money Mr. Cook owed him. He produced a copy from which I was to
write, and I copied it. He gave me as a reason why he wanted me to write
it that Mr. Cook was too ill, and he said Wetherby would know his
writing. After I had written it I left it with him, and he said he was
going to take it over for Mr. Cook to sign.
The ATTORNEY-GENERAL--We know that it went out of his possession
afterwards, and therefore perhaps we ought to follow it.
[Evidence was then given to show that this cheque for £350 was sent to
Mr. Wetherby, the secretary to the Jockey Club, that it was returned to
Palmer, that notice to produce it was given by the prosecution, and that
it was not produced.]
* * * * *
[Sidenote: S. Cheshire]
SAMUEL CHESHIRE, recalled--After Mr. Cook’s death, on the Thursday or
Friday, Palmer sent for me again. I went to his house and saw him there.
He had a sheet of quarto paper in his hand, which he asked me to sign.
LORD CAMPBELL--Was there anything written upon this quarto sheet of
paper?--There was.
Examination resumed--I asked him what it was, and he said, “You know
that Cook and I have had some dealings together, and this is a document
which he gave me some days ago, and I want you to witness it.” I asked
him what it was about, and he replied, “There is some business that I
have joined him in, and which was all for Mr. Cook’s benefit, and this
is a document stating so,” or something of that kind. The paper was a
post quarto paper of a yellow description. I observed the writing on it,
and thought it was Mr. Palmer’s. I told him I could not sign it, as I
might perhaps be called upon to give evidence in the matter at some
future day. I said I had not seen Cook sign it, and that the post office
authorities would not like me to be called on to give evidence as to a
document which took place while I was absent. Palmer replied that it did
not matter my signing it, and he dared say they would not object to Mr.
Cook’s signature. I gave the paper back to him and left.
(Notice to produce this paper was given, but it was not produced.)
[Sidenote: S. Cheshire]
Palmer was in the habit of calling for letters addressed to his mother,
and which I gave to him. I cannot remember whether during October and
November, 1855, I gave him letters addressed to his mother or addressed
to Mr. Cook. I remember seeing Palmer while the inquest was going on. He
came to me on the Sunday evening previous to 5th December, and asked me
to let him know if I had seen or heard anything fresh. I understood
that was a temptation for me to open a letter, and I told him I could
not do that. He said he did not want me to do anything to injure myself.
The letter which I read, and for which I am suffering, was a letter from
Dr. Taylor to Mr. Gardner, the solicitor. I did not give nor send that
letter to Palmer. I merely told him in few words of its contents. I only
read part of the letter, and told Palmer the contents as much as I
remembered. That was on the morning of the 5th of December. I told
Palmer that I found in Dr. Taylor’s letter that there were no traces of
strychnia found. I cannot recollect what else I told him. He said he
knew they would not, for he was perfectly innocent.
* * * * *
[Sidenote: J. H. Hatton]
Captain JOHN HAINES HATTON--I am chief constable of the police of
Staffordshire.
Did you obtain this letter, which I have just proved to be in Palmer’s
handwriting, and envelope from Mr. Ward, the coroner?--I did; I endorsed
it.
My dear Sir,--I am sorry to tell you that I am still confined to my
bed. I do not think it was mentioned at the inquest yesterday that
Cook was taken ill on Sunday and Monday night in the same way as he
was on the Tuesday night when he died. The chambermaid at the Crown
Hotel, Masters, can prove this. I also believe that a man by the
name of Fisher is coming down to prove he received some money at
Shrewsbury. Now here he could only pay Smith £10 out of £41 he owed
him. Had you better not call Smith to prove this? And again,
whatever Professor Taylor may say to-morrow, he wrote from London
last Tuesday night to Gardner to say “We have this day finished our
analysis, and find no traces of either strychnia, prussic acid, or
opium.” What can beat this from a man like Taylor, if he says what
he has already said, and Dr. Harland’s evidence? Mind you, I know,
and saw it in black and white, what Taylor said to Gardner, but
this is strictly private and confidential, but it is true. As
regards his betting book, I know nothing of it, and it is of no
good to any one. I hope the verdict to-morrow will be that he died
of natural causes, and thus end it.--Ever yours.
* * * * *
[Sidenote: S. Cheshire]
SAMUEL CHESHIRE, recalled, cross-examined--I knew Cook very well, but I
could not speak to his handwriting. I am sure that when Palmer came to
me he used the words, “seen or heard anything.” He did not simply ask if
I had “heard anything.” On the Saturday before Cook’s death I dined with
Palmer and Mr. Smith. Cook was expected to dine also, but he was too
ill. Palmer said he must call in Bamford.
* * * * *
[Sidenote: G. Herring]
GEORGE HERRING--I knew Mr. Cook. I was at Shrewsbury Races last
November, staying at the Raven, and saw Cook each day. I saw him with
money on the Wednesday. He was counting up a lot of Bank of England and
other notes. I could not say how many there were, but there were a
considerable number. He showed me his betting book, containing entries
of bets made at the races. On Monday, 19th November, I received a letter
from Palmer asking me to call upon him at 7 Beaufort Buildings at
half-past two that day. I called, and he said he wished to see me about
settling Cook’s account, as the physician had advised Cook not to go out
that day, it being damp. Palmer had a paper in his hand, and read out
from it a number of items which he asked me to take down. I did so, and
I have here the list I made. He said--“Receive of Ingham, £350; Barr,
£300; Green, £140; Morris, £200; Nelson, £30; pay yourself £6 and
Shelley £30.” I said that made it £984, and he said--“That is what Cook
makes it; if I give you £16 it will make £1000; out of that pay yourself
for my bill.” I said, “I know no difference between the two bills”; he
said, “Pay Padwick £550 and Pratt £450, making £1000.” He asked me to
send cheque for the last two at once. I refused to do so, as I had not
received the money. He wished me particularly to pay Pratt the £450, as
he said it was for a bill or joint-bill of sale on the mare. I had an
account of £45 against Palmer, while he had one of £40 against me. He
settled this £5, along with the £16 to make up the £1000 previously
spoken to, by a Bank of England £50 note. I do not know the number of
the note. Before he left he pressed me to send the cheques to Pratt and
Padwick immediately before the closing of the bank. He said, “When you
have settled this account write down word to either me or Cook.” I
replied, “I shall certainly write to Mr. Cook,” because I thought I was
settling Mr. Cook’s account. He said, “It does not matter which.” I
asked him if I addressed the letter, “Mr. Cook, Palmer, Rugeley, would
that be correct,” and he said “yes.” I received all the money at
Tattersall’s on Cook’s account, except £110 of Mr. Morris, who only paid
£90 instead of £200. I sent a cheque for £450 to Pratt from
Tattersall’s. I wrote a letter to Cook from Tattersall’s. The next day I
received a telegraphic message, which I gave to Captain Hatton on the
coroner’s inquest. In consequence of this message I wrote a letter the
same day to Cook.
(Evidence was given to show that Herring held three bills of exchange,
each for £200, on which Cook and Palmer were jointly responsible to him.
He received £200 from Cook on one bill; another £200 bill he deducted,
as instructed by Palmer from the £1000. The third bill he paid himself
for by not paying Padwick as Palmer instructed him. Besides these bills
Herring held a fourth for £500 drawn by Palmer on his mother, and
endorsed by him and Cook. It was proved that this acceptance was not in
Mrs. Palmer’s handwriting.)
The Court then adjourned.
Fourth Day, Saturday, 17th May, 1856.
The Court met at ten o’clock.
[Sidenote: George Bate]
GEORGE BATE, examined by Mr. JAMES--I am a farmer, and was in the
employment of the prisoner during September, October, and November of
last year. I was engaged to look after his horses, and received no
stated salary, sometimes two sovereigns and sometimes one sovereign a
week. I remember in the month of September, 1856, being in the company
of Mr. Cook and Mr. Palmer. Something was said by one of them to me
about an insurance being proposed on my life.
Mr. SERJEANT SHEE objected to this evidence, and his objection was
sustained.
* * * * *
[Sidenote: T. B. Curling]
Mr. THOMAS BLIZZARD CURLING, examined by the ATTORNEY-GENERAL--I am a
Fellow of the College of Surgeons, and surgeon to the London Hospital. I
have published a work on the subject of tetanus. Tetanus signifies
spasmodic affection of the voluntary muscles of the body. There are two
sorts of tetanus, idiopathic and traumatic. Idiopathic tetanus is
tetanus originating, as it were, as a primary disease, without any
wound. Traumatic is from a wound. During twenty-two years I have been
surgeon to the London Hospital. I have never seen a case of idiopathic
tetanus. I have seen over fifty cases of traumatic tetanus. Traumatic
tetanus first manifests itself by a stiffness about the jaws and the
back of the neck; rigidity of the muscles of the abdomen usually sets
in; a dragging pain at the pit of the stomach is almost a constant
attendant of spasm of the diaphragm, and in many cases the muscles of
the back are sensibly affected. Then the spasms, though continuous, are
liable to aggravation in paroxysms. As the disease goes on these
paroxysms become more frequent and more severe. When they occur, the
body is drawn backwards; in some instances, though less frequently, it
is bent forwards; then, in an acute case, a difficulty in swallowing is
a very common thing; a difficulty in breathing also during the paroxysm,
a choking sensation. The disease may end, supposing it be fatal, in two
ways; the patient may die somewhat suddenly of suffocation, owing to
closure of the opening of the windpipe, or the patient may be worn out
by the severe and painful spasms, and the muscles may relax and the
patient gradually sink and die. Traumatic tetanus is generally fatal,
and the locking of the jaw is an almost invariable symptom. A symptom
very characteristic of the disease is a contracted condition of the
eyelids, a raising of the angles of the mouth, and a contraction of the
brow. The lower extremities are sometimes affected, and sometimes the
upper; the muscles affected are chiefly those of the trunk. I have never
heard of traumatic tetanus being produced from sore throat or from
chancre. A case of traumatic tetanus which ends fatally takes from one
day to four days, or longer, before death ensues. I never heard of a
case in which a man would be attacked one day and then have twenty-four
hours’ respite, and be again attacked the next. The symptoms of the
death of Mr. Cook, given by Mr. Jones, the surgeon, were not consistent
with any form of traumatic tetanus I ever heard of. There was the sudden
onset of the fatal symptoms; in all cases that have fallen under my
notice the disease has been preceded by the milder symptoms of tetanus.
The symptoms given by the woman Mills as to the Monday night were not
those of tetanus. The sudden onset and rapid subsidence are not
consistent with what I call the true form of tetanus. The poison, nux
vomica, produces tetanic convulsions.
Cross-examined by Mr. SERJEANT SHEE--Any irritation of the nerves
proceeding to the spinal cord might produce tetanus. I agree with Dr.
Watson in his “Lectures on the Principles and Practice of Physic,” that
all the symptoms of tetanic convulsions may arise from such slight
causes as the sticking of a fish bone, the mere stroke of a whip lash
under the eye, from the cutting of a corn, from the bite on the finger
by a tame sparrow, from the extraction of a tooth, from the operation of
cupping, and simple things of that character. Idiopathic tetanus would
not be so likely to bring the patient to the hospital as a sudden wound
leading to traumatic tetanus. A syphilitic sore would not be likely to
lead to tetanus.
Re-examined by the ATTORNEY-GENERAL--A medical practitioner who saw a
case of convulsions would be able at once to know the difference between
symptoms of general convulsions and of tetanus. One of the
characteristic features of tetanus is that the consciousness is not
affected.
* * * * *
[Sidenote: Robert Todd]
Dr. ROBERT TODD, examined by the ATTORNEY-GENERAL--I have been in
practice as a doctor for twenty-five years, and have been a physician to
King’s College Hospital for many years. I have lectured on the disease
called tetanus, and have published the lectures. I have seen two cases
of what seemed to be idiopathic tetanus. It is a very rare thing. The
term tetanus ought not to be applied to cases of poisoning, for the
symptoms are so essentially distinct from the disease. I have had under
my own observation cases of traumatic tetanus. When once the disease has
begun there are remissions, but not complete; rather a diminution of the
severity of the symptoms. There are two classes--an acute class and a
chronic class. The acute cases will terminate in the course of three or
four days, and the chronic cases will go on from nineteen to twenty-two
or twenty-three days, perhaps longer. Sometimes epilepsy will produce
convulsions, and sometimes the convulsions from epilepsy assume somewhat
of a tetanic character, but they are essentially distinct from tetanus.
When the epileptic convulsions assume somewhat of the tetanic form, it
is quickly over, not continuous. In epilepsy there is an abolition of
consciousness for the time. I have heard the symptoms described which
accompanied this gentleman’s seizure and death, and also the appearances
after death and the post-mortem examination. I am of opinion there was
neither apoplexy nor epilepsy. There are poisons which will produce
tetanic convulsions. The chief of these poisons is nux vomica. I have
seen animal life destroyed by strychnia, but never human life. The
effects of a large dose, such as a grain of strychnia given in a liquid
form to a cat or dog, would be apparent in the course of ten minutes.
The symptoms would be spasmodic action of the muscles, chiefly of the
trunk, the spine, the spinal muscles, producing a very marked
opisthotonos, as it is called, where the spine is thrown back, the head
thrown back, and the trunk bowed in a very marked manner. The
extremities are generally stiffened, jerked out with violent jerks. The
muscles are rendered stiff and rigid from the spasms. The stiffness
remains, and does not perfectly relax. Fresh paroxysms come in always
attended with the peculiar curving back of the head and neck and spine.
The extremities of the animals are powerfully stiffened out, distended,
every now and then powerfully bent, and jerked out again. Death ensues
within half an hour, unless it is a small dose. There is a marked
difference between cases where death ensues after taking strychnia and a
case of tetanus such as I was describing just now from idiopathic or
traumatic causes. The continuity of the symptoms in strychnia poisoning
is very characteristic: as long as the poisonous influence lasts, the
symptoms last, but the poisonous symptoms will subside after a time. The
shortness of the duration of the symptoms is decidedly in favour of
strychnine poisoning. There are no other poisons that I know of that
produce convulsions of a tetanic character. The symptoms described which
attended this gentleman’s death are not referable to idiopathic or
traumatic tetanus. I have never seen a person die from the
administration of strychnia, but I have seen a person suffer from the
consequences of an overdose. There was the opisthotonos and there was
the consciousness perfectly retained. There was also dilation of the
pupils, a peculiar convulsion of the muscles of the trunk, and the limbs
were stiffened out. Difficulty of breathing is common to both tetanus
and to tetanic convulsions from strychnia. In the case of Mr. Cook, I
think it is an important distinction that he seems to have been able to
swallow sufficiently easy, and there was no rigidity of the muscles of
the jaw which is characteristic of tetanus, of disease, or of wound. I
think the symptoms in his case, judging from my own experience, were
those of tetanus from strychnia.
Cross-examined by Mr. GROVE--The proximate effect of tetanus, whether
caused by idiopathic or traumatic tetanus, or strychnia, is probably the
same on the nerves leading from the spine. The particular affection of
the nerves is unknown. In the disorder of convulsions there are cases of
very slight affection, others more serious, and so on. I adhere to the
opinion given by me in my lectures on “Diseases of the Brain and Nervous
System,” that the results of the administration of strychnine exactly
imitate the convulsions of tetanus. It does not produce the exact
phenomena of the disease in a clinical sense. I have no doubt the
peculiar irritation of the nerves in tetanus is identical with the
peculiar irritation of the nerves in strychnine poisoning. In traumatic
tetanus I do not recollect any instance of the limbs being affected
before the jaw. An examination of the spinal cord in tetanic affections
shortly after death is of importance. If it were deferred as late as two
months, there would be, to a certain extent, a fallacy. There are morbid
appearances produced by wounds after death which sometimes simulate
diseased conditions before death.
Supposing the spine to be affected by decomposition, would not what may
be called the diseased softening of the spine previous to death be
confused or obliterated?--You would not be able to speak with certainty
as to simple softening if the examination had been long after death.
There is nothing in the post-mortem examination on which any one could
positively say that the patient died from the ordinary disease of
tetanus. I think granules on the spinal cord, such as I have heard of
here, are not likely to cause tetanus. In the cases of the animals to
whom strychnia was administered they went off into a second spasm
immediately they were touched. They retained that tendency as long as
the influence of the poison lasted. I examined the animals that were
killed by strychnia anatomically. The right side of the heart was not
generally full; it was empty, and the heart contracted. Death where
strychnine was administered is partly due to the difficulty of action of
the respiratory muscles, but chiefly to a general nervous exhaustion
which the violence of the paroxysm produces.
Would not the difficulty of action of the respiratory muscles producing
death tend to leave the heart full?--I do not think it was asphyxia.
[Sidenote: Robert Todd]
Then I think I may take you as differing from the great mass of
authorities on strychnia poisoning?--I don’t know; I think there are
differences of opinion on that subject. Persons sometimes have
convulsions after poison by morphia. The time in which convulsive
symptoms come on after morphia would depend on the dose entirely. I
cannot say whether it would be later than strychnia. It is not a
question I have devoted attention to.
Re-examined by the ATTORNEY-GENERAL--In death resulting from tetanus I
should not expect to find anything peculiar about the heart. I heard the
evidence of the gentlemen who examined the spinal cord after Mr. Cook’s
death. From their description it appeared to me that those parts were in
such a condition that any indication of disease might have been
discovered.
* * * * *
[Sidenote: Sir B. Brodie]
Sir BENJAMIN BRODIE, examined by Mr. JAMES--I was surgeon at St. James’s
Hospital for a great number of years, and have had a considerable
practice. I have had many cases of death from tetanus. Death from
idiopathic tetanus is very rare in this country. I heard the description
of the symptoms attending the death of Mr. Cook. As far as the spasmodic
contraction of the muscles is concerned, the symptoms resemble those of
traumatic tetanus; as to the course the symptoms took, that was entirely
different. I heard about the attack on the Monday night and its ceasing,
and the patient being comfortable and composed during the Tuesday, and
then the attack again about ten minutes before twelve on the Tuesday
night. The symptoms of traumatic tetanus always begin, so far as I have
seen, very gradually; the stiffness of the lower jaw being, I believe,
invariably the symptom first complained of; then the contraction of the
muscles of the back is always a later symptom; the muscles of the
extremities are affected in a much less degree than those of the neck
and trunk, except in some cases where the injury has been in a limb, and
an early symptom has been a spasmodic contraction of the muscles of that
limb. I do not recollect a case in which in ordinary tetanus there was
that contraction of the muscles of the hand which I understand was
stated to have existed in this instance. Ordinary tetanus rarely runs
its course in less than two or three days, and often is protracted to a
much longer period; I know one case only in which the disease was said
to have terminated in twelve hours.
LORD CAMPBELL--Probably in that case the early symptoms had been
overlooked?--I never knew these symptoms of ordinary tetanus to last for
a few minutes, then subside, then come on again after twenty-four hours.
[Sidenote: Sir B. Brodie]
Examination continued--I do not believe that death here arose from what
we ordinarily call tetanus, either idiopathic or traumatic. I never knew
a death from tetanus to result from a sore throat, or a chancre, or any
other form of syphilitic disease. The symptoms of the death of Mr. Cook
are not consistent with a fit of apoplexy. I never saw a case in which
the symptoms that I heard described arose from any disease.
Cross-examined by Mr. SERJEANT SHEE--I remember one case of idiopathic
tetanus in our hospital, but I doubted its deserving the name of
tetanus.
Considering how rare tetanus is, would you think that the description of
a chambermaid and of a provincial medical man, who had only seen one
case of tetanus, could be relied upon by you as to what the disease
observed was?--I must say I thought the description very clearly given.
I have never seen the syphilitic poison produce convulsions except as a
consequence of disease in the bones of the head.
* * * * *
[Sidenote: Henry Daniel]