Now, there is a letter to which I will call your attention, of the 19th

November, 1855, from Palmer to Pratt--“Dear Sir,--You will place the £50

I have just paid you, and the £450 you will receive from Mr. Herring,

together £500, and the £200 you received on Saturday,” that is, the £200

that Fisher paid to Pratt at the express request of Cook “towards

payment of my mother’s acceptance for £2000, due 25th October, making

paid to this day the sum of £1300.” Can you doubt when you take all that

together--the dining together on the Friday--Cook writing that letter to

Fisher, saying it was of the greatest importance to him as well as to

Palmer that the £200 should be paid in order to pacify Pratt, can you

doubt that on that day Cook was a most convenient friend to Palmer, and

that he could not by any possibility do without him. But it does not end

there. Cook died on the Wednesday morning early, the 21st; if we want to

know what effect that death had on Palmer, and what interest he had in

it, Palmer’s mouth being sealed, we must get it from Pratt. Nobody else

that we know knows anything about it; Cook is gone. On the 22nd

November, the day after the death--and I am sure you will make some

allowance for a day having elapsed after the death of Cook before he

wrote--Palmer writes thus to Pratt--“Ever since I saw you I have been

fully engaged with Cook and not able to leave him.” Now, unless he

murdered him, that is the truest sentence that ever was expressed. He

watched the bedside of his friend; he was with him night and day; he

attended him as a brother; he called his friends around him; he did all

that the most affectionate solicitude could do for a friend that was

ill, unless he was plotting his death--“And I am sorry to say after all

he died this day, so that you had better write to Saunders; but mind, I

must have ‘Polestar’ if it can be so arranged; and should any one call

upon you to know what moneys Cook ever had from you do not answer the

question.” Then he says, “I sat up two full nights with Cook.” That he

sat up the whole of the night may not be true, but he was ready to be

called if Cook should be ill; and Elizabeth Mills says after the first

serious paroxysm, when she went to bed, she left Palmer in the

arm-chair, sleeping by the man whom they say he intended to murder. No!

murderers do not sleep by their victims in that way. What is the answer?

I read it to you in order that you may see what ruin Cook’s death

brought upon Palmer. The answer of Pratt is--and you will see how much

it increased the difficulties of Palmer--“I have your note, and am

greatly disappointed at the non-receipt of the money as promised, and at

the vague assurance as to any money. I can understand that your being

detained by the illness of your friend has been the cause of your not

sending up the amount.” Attend to this paragraph--“The death of Mr. Cook

will now compel you to look about as to the payment of the bill for

£500, due the 2nd of December. I have written Saunders informing him of

my claim, and requesting to know by return what claim he had for keep

and training”; so that the very first effect of Cook’s death was, in

Pratt’s opinion, who knew all about it, to saddle Palmer alone with the

sum of £500. He says, “The death of Cook will now compel you to look

about as to the payment of the bill for £500 on the 2nd of December.” We

will investigate the transaction out of which that bill arose, and you

will see, I venture to say, that I can satisfy you conclusively that the

transaction out of which that bill arose was a transaction for Cook’s

accommodation, for which Palmer had lent his name to accommodate Cook,

and for which upon Cook’s death Palmer became primarily and alone

responsible. It will be for you to judge, if I prove that to you,

whether it suited Palmer at that moment to stand before the holder of

that £500 bill--some client of Pratt’s--as the only man liable upon it,

and whether there was the same chance, supposing it had been for his own

accommodation, of putting it on, as they call it, after Cook’s death, as

there might have been before. But let me be fair to the prosecution, and

state to you now the view that the Attorney-General takes of that £500

transaction. As I told you, I mean to meet his case foot to foot, and to

show, and I hope to show him, that there is nothing in it; that if he,

as the law officer of the Crown, had had the option of taking up this

case or not, he would not have taken it up; that the Crown never would

have appeared upon it, but because the universal feeling of the country

was such as to render it impossible that the case should not be tried

after the verdict of wilful murder obtained on Dr. Taylor’s evidence;

and because the Crown, having seen the absolute necessity of its being

tried, felt that it would abandon the duty of protecting every one of

the Queen’s subjects if it did not take care that a man with so much

prejudice against him, that man leading the life that Palmer led, and

disgraced by forgeries to a large amount, as it is said, and a gambler

by profession, should not have a fair trial. There was no other way of

securing a fair trial for this man, as the Attorney-General at once

saw--there was no possibility of his being saved but by giving the

counsel who defended him all the information that my friend had himself.

We will see what his view is. My learned friend states it upon his

instruction in this way. He is bound, as I told you in the beginning, in

prosecuting this case to prosecute it strenuously; he is bound to put

the facts together according to his instructions in such a way that, if

they will and ought to establish guilt, it is brought home. Prosecutions

must be conducted in that way, or the guilty would escape in nine cases

out of ten. And therefore my friend, upon the view of the evidence--a

comparatively superficial one--thinks that this is the theory upon which

it appears probable that Palmer plotted the death of Mr. Cook. I will

read to you from my friend’s speech, with reference to the £500 bill

transaction; and, as I understand it, it is the greatest mistake that

was ever committed, and would not stand for a moment but for the popular

prejudice against Palmer. I think I can satisfy you that is so--“Pratt

still declining to advance the money”--that is the £1000 which Palmer

wanted him to advance--“Pratt proposed an assignment by Cook of two

racehorses, one called ‘Polestar,’ which won the Shrewsbury race, and

another called ‘Syrius.’ That assignment was afterwards executed by Mr.

Cook in favour of Pratt, and Cook was entitled to the money raised on

that security, which realised £375 in cash and a wine warrant.” They

twist it in this way, that Palmer, having forged the endorsement of

Cook, and being afraid of detection, put Mr. Cook out of the way. That

is the view they take of that case. I think I can satisfy you it is

impossible that that can be the correct view. It cannot, by any

possibility, as it seems to me. It is for you to judge. We know exactly

what took place; we had it from Pratt yesterday. What took place was

this. Palmer applied for the loan of £1000; Pratt said, “I can’t let you

have it.” Palmer said, “Will you discount a bill for £500?” Pratt said,

“Not without security.” Palmer said, “What security will you take; it is

for the accommodation of Mr. Cook? I have undertaken to get the enclosed

bill cashed for Mr. Cook; you had a £200 bill of his.” He reminds him

that he had been paid a £200 bill, and he says, “He is a very good and

responsible man; will you do it, and I will put my name to the bill?” So

that it was represented to Pratt as a transaction for the accommodation

of Cook; and Pratt’s answer is, “If Mr. Cook chooses to give me his

security I have no objection, but he must execute a bill of sale of his

two racehorses, ‘Polestar’ and ‘Syrius,’ and he must execute a power of

attorney, and signature to it must be attested by some solicitor in the

country, so that I may be quite sure that it is really a valid security;

and upon those terms, if you will get all that done, and Mr. Cook will

submit to all that, I will give him £375 in money, £65 wine warrant,

charging him £10 for expenses, and £50 for discount”--making up the sum

of £500; that is what Pratt is willing to do. There is no doubt at all,

you know, that Cook attached the highest value to “Polestar”; he was not

going to execute a bill of sale with a power of attorney to enable the

mortgagee or assignee to enforce it at once; he was not going to do

that, and not get any money for doing it; he knew the value of

“Polestar” and “Syrius”; “Polestar” was probably backed for the

engagements on which he won the money at Shrewsbury. My friend says he

never received that £375; it is in the last degree improbable that he

never received that money; I put it to you as men of sense that he must

have received it; do you think that he remained after executing the bill

of sale on the 6th of September the whole time from that day to his

death without writing to Pratt--“Why, you have the bill of sale of my

two horses, and I have not got any money upon them”? Is it credible,

can you believe Cook, who was as much in want of money as Palmer; do you

think he would throw away his property in that way, and let Pratt obtain

from him a bill of sale and get no money upon it? It is incredible; the

only pretence for setting it up is this, it is a perfectly fatal one

that will not stand before sensible men for a minute. Along with the

cheque for £375 he sent £315 to Palmer for his own purposes; but my

friend says Palmer, having got this cheque for £375 payable to order,

fraudulently appropriated it to himself; forged the name of Cook upon

the back of it, and kept Cook in ignorance of the transaction. Is it

credible, that during three whole months Cook, who knew that he had

executed a bill of sale of his two racehorses, and I will show you was

in want of money, should have allowed it to remain so? Is it not much

more probable that the signature of Cook was put on there with his full

knowledge? It is not suggested that there was any attempt at imitating

his handwriting. Is it not more probable that Cook, who wanted the ready

money, and who would probably be put to inconvenience if he did not get

the ready money, but only the means of getting it two days later--that

Palmer should let him have the £315 cash which was sent up, and Palmer

take the cheque? I will show you there is reason for believing that to

be the case; I will put it to you, in the first place, whether it is

probable he would be silent for three months. Palmer writes, “I will

thank you to let me have the £315 by return of post if possible; if not,

send it to me by Monday night’s post to the post office, Doncaster. I

now return you Mr. Cook’s paper, and he wants the money on Saturday if

he can have it; I have not promised it for Saturday, so please to

enclose it with mine in cash in a registered letter, and he must pay for

its being registered.” So that you see Palmer wanted it to be sent like

his own, and Cook wanted it to be sent in cash. “Do not let it be later

than Monday night’s post.” Pratt writes acknowledging the receipt of the

document, saying he will send him his money to Doncaster, and endeavour

to let Cook have his money at the same time. On the 10th of September

Palmer writes to Pratt that he must send him for Mr. Cook £385 instead

of £375 and the wine warrant, so that he can hand it to him with the

£385. Accordingly, here is an intimation that Cook, who wanted the money

on the very day, was inconvenienced by only getting a cheque on London

which he could not immediately change, and therefore Palmer gave him the

money and took the cheque. It is remarkable, when we look at the banking

account of Palmer at Rugeley, the £375 is paid in by somebody to

Palmer’s account, but the £315 is not paid into Palmer’s account at all;

that is the only sum paid in on that day, so that I put it to you upon

these facts, Pratt saying in a letter which accompanies the money, “I am

obliged to send a cheque for Mr. Cook, for I have not received the

money, which I shall do no doubt to-morrow”; so that not being able to

send cash to the full amount he is obliged to do that which did not suit

Cook; he sent him a cheque which he could not cash on the day he got it;

he is obliged to send it to London unless he could find some friend down

there, and that delays him for a whole day. I submit to you as the true

version of the transaction that the bill was accepted for Cook’s

accommodation; Cook gave as security for it the two horses, “Polestar”

and “Syrius”; Cook never complained to Pratt during the rest of his life

that he had not received the money upon it. It appears in the

correspondence that Cook wanted the ready money, and that he wanted it

on Saturday, and it would be probably inconvenient if he had got it a

bit later than Monday; though Palmer would not promise to get it sooner

than Tuesday. What says Palmer in his letter, which is not written for

the purpose of this case, but written at the date of this transaction,

that he, Palmer, would let Cook have the cash that was sent, and he

himself take the cheque with Cook’s authority, and put Cook’s name on

the back of it; and how else can you account for the silence of Cook,

for the fact that the £375 is paid into the account of Palmer at

Rugeley, and no trace of the other large sum of £315? That is well

worthy your consideration. You cannot account by any reasonable mode for

the fact that the security given for that £500 was Cook’s horses, and

Cook remaining quiet about it for three months after he had executed a

regular bill of sale, except the supposition that it was for Cook’s

accommodation, and Cook got the best part of the money; and, if so,

Palmer’s name being on the bill, what is the effect of Cook’s death?

Gentlemen, what Pratt, who knew all about it, says is, “The death of

Cook makes you liable for that sum of £500 due on the 2nd December.” I

submit to you, on the second ground of motive, which my learned friend

suggested, the case has altogether failed, and that it is perfectly

clear that at the date of Cook’s death Pratt was of opinion that the

death of Cook threw a further liability on Palmer of £500; he tells him

so in that letter. How could it be his interest to kill him? We already

find the difficulties which Cook’s death brings upon Palmer; the bill of

£500, the danger of the loss of “Polestar,” which he wanted very much to

have, and which Pratt would, of course, unless Palmer paid the £500,

send to the hammer, and realise so shortly; we find that inquiries were

at once apprehended on the part of Cook’s friends as to the money Pratt

had paid to Palmer out of those two bill transactions, and the value

which Mr. Cook had received for any endorsement which he had given.

[Sidenote: Serjeant Shee]

Just see another transaction of that date; it is not quite so clear, as

it strikes me, but yet it makes it to my mind exceedingly improbable

that Palmer should have desired the death of Cook. Exceedingly

improbable! Mr. Wetherby told us to-day that though frequently stakes

won at a race were sent up by the clerk of the course to the winner’s

bankers within a week, it was not always so, and it would not be a

matter of complaint if it was not. On the 20th of November, the day

before Cook dies, and on which he was perfectly comfortable and happy,

enjoying the society of his friend Mr. Jones, with whom he was on terms

of the greatest intimacy, and to whom he could confide any troubles that

he had, and who appears to be a gentleman in every way respectable and

intelligent--on that day Cook was well, and Mr. Jones was with him, and

there is no doubt that on that day, according to the evidence of Mr.

Wetherby, he did sign and give this cheque for £350. If Palmer killed

him that night, and by any chance the £350 should not have been sent up

by Mr. Frail, so as to be there on the next morning, he (Mr. Wetherby)

would not pay that cheque, and would never pay it after notice of Cook’s

death, though the money should come up. He never did pay it. The end of

that transaction was this, that Mr. Frail did not send it up, but made a

claim upon Cook in respect of it. Cook’s executors disputed that, and

Cook’s executors finally recovered the money, but they did not send it

up to Mr. Wetherby. I do not put it as strong as the other case, because

Palmer might think that the money would be there; but he also might

think that it would not be there. It is not at all likely that, having

got the cheque for £350 from Cook, he would run the risk of losing that

money by destroying him in the night, Cook’s friends being there, and

sure to institute an immediate inquiry into his affairs. Is that

probable? I submit to you it is not. It is not likely that Palmer could

have got a cheque for £350, or Cook should have given it to him, which

should not be payable until the next day, when there might be no funds

to meet it; and with that uncertainty, is it likely that Palmer should

destroy Cook. That, therefore, is in the last degree improbable. It does

not end there--what they have said on the other side is, you know, that

he got this cheque fraudulently--he got possession of this money, and

then, lest Cook should detect it, he destroyed him. It is not at all

probable that that would answer his purpose. The moment the breath was

out of Cook’s body his friends would surround the corpse. He might be

perfectly certain that Mr. Jones would go to Mr. Stevens, that Stevens

and Bradford, his brother-in-law, would be down, and that a post-mortem

examination would take place, and instead of settling with Pratt as to

this £500 bill and the £350 cheque, he would have to settle with hard

men of business, men who cared nothing for him, looked upon him as a

blackleg, and would care neither for his feeling, his interest, nor

anything, but would let him go to ruin which way he liked, not stirring

a finger to save him. Do you think that was probable? I submit to you

not. It does not end there. We know from Herring that at that very time

Herring held one bill for £500 on which Cook’s name was.

The ATTORNEY-GENERAL--I do not think there is any proof of that.

Mr. SERJEANT SHEE--Whether it be so or not as to the £500, he had three

£200 bills, one of which, I think, was drawn by Cook and accepted by

Palmer, and the other two drawn by Palmer and accepted by Cook, or the

other way.

The ATTORNEY-GENERAL--You are quite right as to the £500.

[Sidenote: Serjeant Shee]

Mr. SERJEANT SHEE--And another bill of £500, which my friend stated and

gave proof was not his mother’s signature. So that there was a bill for

£500 not in her handwriting to which Cook was a party, for all of which

Cook either in whole or in part, unless he rushed upon his own ruin,

must provide; in respect of which, for the accommodation of Palmer or

not, Palmer could go to Cook and say, “Now, Cook, it is true enough all

these bills are for my accommodation, but what is the use of your making

a fuss about that? If I cannot pay, you must, or your stud will be sold

up; had you not better give your name to some more bills and make it

easy?” If he put Cook to death that was gone. Again, in addition to the

£500 bill, for which the bill of sale on “Syrius” and “Polestar” was

given, the bill for £500 held by Herring was a forgery, according to

their case, which there would be no excuse for not meeting; a £500 bill

in the hands of a man who wants the money is not so easily put on; that

£500 bill would very soon find its way to his mother. It would not have

suited Palmer that his mother should know--his mother was a woman of

large fortune, a respectable person I am told--she disliked his gambling

propensities though she liked her son; neither did the excellent and

most honourable man his brother, before me, who stands by him now, but

who was estranged from him simply because he disapproved of his

gambling, neither would he have given to him any countenance. If Palmer

was pressed to pay that £500, and Cook was dead, there was nothing to

save him from the exposure. Nothing! If you doubt what I say is the

truth, look through the whole of the case--find me in any portion of

this most voluminous evidence the slightest trace that there was a man

in the world who would lend his name to Palmer to enable him to get

money. Is not the fact that he forged, if he did forge, the name of his

mother conclusive that he had no other resource? Is there the least

trace of evidence that he had any other resource than the good nature,

the easiness, perhaps the folly, of Cook, who could have renewed these

bills for him--the three £200 bills and the £500--and put them on as

they say? And was it not quite certain that if Cook, the acceptor of

them, dropped, the claim would come upon Cook’s executors, and then the

executors would ascertain all about it and sell him up? When you come to

think of it, is it credible that the man under those circumstances

should desire to bring not merely the creditors and executors of

Cook--who might be supposed, though Mr. Stevens is not one of that

class, to have some pity for Cook’s friend--but men of business, down

upon him, who have no right to have any pity? A man dies, his affairs

are put into the hands of solicitors; they have a plain duty to perform,

they cannot be compassionate, they must be just; they must see the

rights of their clients the executors established in due course of law,

and compromise and arrangement with them is wholly out of the question.

Can you find in any part of this case a single living person who was

willing to have done for Palmer what Cook had been doing for him for two

or three years? Does it appear that there was one? Does it appear that

Cook was a close-fisted fellow, and did not care to do Palmer a turn?

When Palmer needed the £200, which the harpy wanted from him, Cook at

once wrote and said it is a matter of great importance to him as well as

Palmer that this £200 should be paid; and he even risked the displeasure

of Fisher in doing it. Then, again, Cook was in his senses perfectly on

the Tuesday. He cannot have been very rich at that time. He gave him the

cheque for £350. How is it possible to conceive that under those

circumstances Palmer should have an interest in the death of Cook, and

yet what is the theory of the Crown? That Palmer was convinced that he

could settle his affairs as to Cook better with Mr. Stevens than he

could with Cook himself--settle these word-of-honour transactions; these

things, half of which would not bear inquiry in any way as reasonable

business transactions, with a shrewd and probably a penurious

man--deliberately thought that it would answer his purpose better to

come in contact with his executor, Mr. Stevens, whom Mr. Jones might

rush up to town and bring down with him. I submit to you with

confidence, though what I say may be inconsistent with the views

generally entertained by the public--the public, however, have never had

an opportunity of looking at all these letters--but it seems to me as

clear as anything can be, that it was the manifest interest of Palmer

that Cook should live. But, in addition to its being his interest that

he should live, was it safe for him that he should die? Palmer was a man

who added to a shrewd knowledge of the world a knowledge of his

profession, and, among other things, a knowledge of chemistry. Palmer

knew perfectly well, and he had studied his profession sufficiently when

he was a young man to know perfectly well, that, if strychnia was

administered, it would in all probability throw the victim into horrible

convulsions in a very short time, and in a way so striking as to be the

talk of a small neighbourhood like Rugeley for a month or two, which

would be time enough to alarm everybody, and to provoke inquiries into

the circumstances of the death, which must certainly end, or in all

probability end, if he was guilty, in his conviction. If that was so,

was he so circumstanced at that time as to make it safe for him to run

the risk of such suspicions? His brother, Walter Palmer, had died in the

month of August, and his only hope, unless his mother forgave him or

recognised those acceptances, his only hope of extrication from his

difficulties was the getting the amount due by the Prince of Wales

Insurance Company to him as the assignee of the policy on Walter

Palmer’s life; that was his only chance. He had a chance that way, and

it is plain that it was so good a chance, as I will show you presently,

that he refused an offer of return of premium from the company; it does

not appear what the amount was--and Pratt, who was his attorney,

believed the chance to be so good that he had actually got the discounts

of these large sums of money upon it, and had resolved, under the

directions of Palmer, to put it in suit. It was really the only

unpledged property he had, and how was he situated respecting it? It is

plain from the letters which were put in yesterday, and it is further

plain from a piece of evidence to which you will, I am sure, find it

worth your while to pay great attention. We had Mr. Deane called

yesterday, who is the attorney to the Prince of Wales insurance office;

and for some time--though it had ceased just at that time--but for some

time previously to this month of November, the insurance company, which,

I believe, is not a very old insurance company, were annoyed at being

called upon to pay so large a sum, and they determined to do all they

could to resist it. They accordingly sent down Inspector Field to

Stafford and his man Simpson to make inquiries, which he could not do

without talking and insinuating suspicions and raising a cloud of doubt

and conjecture about Palmer, and this had been going on for some

considerable time. Now, observe the evidence of Deane, and you will see

if it is not so. He says, “The name of my firm is Chubb, Deane & Chubb.

I had been to Rugeley some time previously to the inquest. I know Field,

the detective officer; we were solicitors to the Prince of Wales

insurance office; it was in our employment that Field went to Rugeley;

he was at Rugeley only a part of one day; he was at Stafford for three

or four days altogether; he did not see the prisoner Palmer; this visit

had been preceded by that of another officer named Simpson. Simpson

went from Stafford to Rugeley with myself and Field; he told me he had

seen Palmer; I think he went into Staffordshire in the first week in

October.” Then my learned friend asked him what they went down for; he

said that they went down to make inquiries as to the habits of life of

Mr. Walter Palmer, of whose death the Prince of Wales insurance office

had shortly before received notice; so that you see just before the

death of Cook Palmer knew himself to be an object of suspicion, but he

acted as if he thought it was the most unfounded and unwarrantable

suspicion, putting the policy of insurance into the hands of an attorney

to enforce payment of it, and the office meeting the claim by

insinuations and inquiries which were of a nature to destroy his

character and to bring around his head the suspicion of another murder.

[Sidenote: Serjeant Shee]

Trial of William Palmer · 第 11 / 36 段