Gentlemen, that is a very remarkable fact; it is remarkable in two ways;

the Crown might say it is remarkable in this sense, that Palmer knew it,

and said not a word about it. But it seems it was a matter, in the

opinion of Cook, so little serious, that he never said a word of it to

Mr. Jones, because, if Cook had thought that those words which he used

to Elizabeth Mills were not an exaggerated description of what had

occurred, do you not think, when Mr. Jones came to see him, and felt his

pulse, and inquired what his symptoms were, that Cook would have said

(he being in full possession of his senses), “You cannot judge now from

my appearance how I am--I was in a state of madness last night--I was in

the greatest possible agony--I do not know what it was--I was attacked

in the middle of the night in such a way that I thought I was going to

die”? As he had Mr. Jones with him, would he not have mentioned that in

the conversation? My inference from that is, that in all probability

this first statement of Elizabeth Mills was the correct statement of

what occurred; and if we find it is consistent with what Mr. Jones says

as to what occurred the next night in its general character, it would be

very nearly the same on both nights. We may reasonably infer that

anything in excess of that, on which the medical evidence was given, has

been the result of imagination, and not so strictly consistent with the

truth as the original statement. Let us see what Mr. Jones says. (The

learned Serjeant read a portion of the deposition of Mr. Jones before

the coroner.) Observe the significance of that. Palmer, in the presence

of Mr. Jones, brings up two pills, which it is supposed were the pills

that poisoned him--pills containing a substance which sometimes does its

work in a quarter of an hour, which has done it in less, but never

hardly exceeds half an hour; and so we are to be asked to believe that

Palmer, Jones being present, and Cook in his presence objecting to take

the pills, positively forced them down his throat, at the imminent peril

of his falling down, like the rabbit, in two or three minutes afterwards

in convulsions evidently and manifestly tetanic. He states what did take

place. (The learned Serjeant read a further portion of Mr. Jones’

deposition.) But, as I am reminded by one of my lords, that in the

course of the examination of Mr. Jones the word “tetanus” is used, it is

right I should say a word on that, lest I should forget it. The word

“tetanus” is not in the deposition, and it is very remarkable that the

suggestion which has been put forward by the Crown was the suggestion of

Dr. Taylor. I do not think it is impossible that Mr. Jones, when he gave

that evidence, had in his mind’s eye what he had seen that night and not

seen very correctly. He had not light enough to see the patient’s face.

There was only one candle, and he could not tell whether there was any

change in his countenance on the Tuesday--a very important symptom. They

say it cannot have been tetanic, because there is a peculiar expression

in the face--a fact which nobody observed. It was too dark, in this case

of Cook’s, to take notice. Mr. Jones gave his evidence, and he is a

competent professional man, and it is quite clear that the notion of

tetanus, tetanic, tetaniform, or something like tetanus, must have

entered into his mind, because the clerk has put down “tetinus”; he

probably had not heard of the word before, and the probability is

something like it was used. He said he did use it, and afterwards it was

struck out, and Mr. Jones corrected his deposition, read it all over,

and signed it, and left it with the word struck out. There are strong

symptoms of “compression,” that is, one word struck out; then afterwards

there is the word “tetinus,” and then those two words are struck out,

with Mr. Jones’ entire approbation, because otherwise he would have

corrected it when he signed it; and he said he read it over, and the

words “violent convulsions” were substituted. What is the fair inference

from that?--that the man who saw Cook in the paroxysm did not think

himself justified in saying it was tetanus. It might be very like; it

might have a tetaniform appearance; but it was not tetanus.

Gentlemen, I will call your attention to the features of general

convulsions. I cross-examined several of the medical witnesses for the

purpose of inducing what I consider to be a true belief as to this case,

that the convulsions in which Cook died were not tetanus or tetanic

properly speaking; but that they were convulsions of that strong and

violent character which are tetaniform, though not classed under

idiopathic or traumatic tetanus, but under the head of general

convulsions.

[Sidenote: Serjeant Shee]

Gentlemen, I now propose to read a description of general convulsions

from the work of Dr. Copland. I called the attention of the very learned

gentlemen who were examined for the Crown to what was laid down in that

work, which is admitted to be one of authority, and I cannot conceive

how you, to whom this matter of fact is to be submitted, can form an

opinion whether or not my theory, or rather my belief, that he died by

the visitation of God, in violent general convulsions, be a probable

one, unless you hear from what was not written for the purposes of this

case what the features of general convulsions are; so, if you please, I

will read to you what I have myself copied from the work of Dr. Copland.

This, I may say, as I am upon the point, that the only persons in the

profession who can be supposed to have any competent or reliable

information on the subject of tetanus, not traumatic, are physicians;

and not one physician--properly so speaking--not one of that most

honourable body of men who see the sudden attacks of patients in their

beds, and not in hospitals, has been called to speak to this. Dr. Todd

was called, and Dr. Todd gave his evidence in a way to command the

respect of everybody; but Dr. Todd is a gentleman whose practice does

not appear to have been so much that of a physician as that of a

surgeon; he is physician to the King’s College Hospital, and has held

that office about twenty years; he has lectured on diseases of the

nervous system and tetanus, but he does not appear to have been a

physician in general practice.

[Sidenote: Serjeant Shee]

Gentlemen, I am instructed--I shall be able to show--by eminent men that

what I am about to read from Dr. Copland’s book, as part of my speech,

is a true description of convulsions that are not idiopathic or

traumatic, but of a general kind. He first gives the definition of

“general convulsions,” which he says are “violent and involuntary

contractions of a part or of the whole of the body, sometimes with

rigidity and tension (tonic convulsions), but more frequently with

tumultuous agitations, consisting of alternating shocks (clonic

convulsions), that come on suddenly, either in recurring or in distinct

paroxysms, and after irregular and uncertain intervals.” We will see

what he says about it--“If we take the character of the spasm in respect

of permanency, rigidity, relaxation, and recurrence as a basis of

arrangement of all the diseases by abnormal action of involuntary

muscles, we shall have every grade, passing imperceptibly from the most

acute form of tetanus through cramp, epilepsy, eclompsia, convulsions,

&c., down to the most atonic states of chorea and tremor. Also if we

consider the affections called convulsions, and which are usually

irregular in their forms, with reference to the character of the

abnormal contraction of the muscles, we shall see it in some cases of

the most violent and spastic nature, frequently of some continuance, the

relaxations being of brief duration, or scarcely observable, and in

others nearly or altogether approaching to tetanic. These constitute the

more tonic form of convulsions, from which there is every possible

grade, down to the atonic or most clonic observed in chorea or tremor.

The premonitory signs of general convulsions are, _inter alia_, vertigo

and dizziness, irritability of temper, flushings or alternate flushing

and paleness of the face, nausea, retching or vomiting, or pain and

distension of the stomach or left hypochondrium, unusual flatulence of

the stomach and bowels, and other dyspeptic symptoms. In many instances

the general sensibility and consciousness are but very slightly

impaired, particularly in the more simple cases, and when the proximate

cause is not seated in the encephalon; but in proportion as this part is

affected primarily or consecutively, and the neck and face tumid and

livid, the cerebral functions are obscured, and the convulsions attended

by stupor, delirium, &c., or pass into or are followed by these states.

The paroxysm may cease in a few moments, or minutes, or continue for

some or even many hours. It generally subsides rapidly, the patient

experiencing at its termination fatigue, headache, or stupor, but he is

usually restored in a short time to the same state as before the

seizure, which is liable to recur in a person once affected, but at

uncertain intervals. After repeated attacks the fit sometimes becomes

periodic (the convulsio recurrens of authors). The most common causes

are, _inter alia_, all emotions of the mind which excite the nervous

power and determine the blood to the head, as joy, anger, religious

enthusiasm, excessive desire, &c., or those which greatly depress the

nervous influence, as well as diminish and derange the actions of the

heart, as fear, terror, anxiety, sadness, distressing intelligence,

frightful dreams, &c., the syphilitic poison and repulsion of gout or

rheumatism.”

[Sidenote: Serjeant Shee]

Now, do you believe that if Dr. Taylor had read that before he went to

the inquest he would have dared to say that this man died of strychnia

poison? Is there one single symptom in the statement made in the

depositions of Elizabeth Mills and Mr. Jones which may not be classed

under one of the varieties of the degrees of convulsions which Dr.

Copland describes? Now, it is not for me to suggest a theory, but the

gentlemen whom I shall call before you, men of the highest eminence in

their profession, not mere surgeons of hospitals who never see anything

hardly except it is of that nature, that is, of the traumatic

kind--gentlemen, do not suppose that I should be capable of speaking

disrespectfully of Sir Benjamin Brodie, or of any of the gentlemen

called except in terms of the highest respect; but they are surgeons of

hospitals, and obtain a certain experience as to those misfortunes under

which, through violence, the human frame suffers; who have not so much

opportunity of witnessing and of knowing the symptoms of the class of

convulsions which constantly attack people in their own residences in

the dead of the night--those convulsions which heads of families and

brothers and sisters are most anxious to conceal from anybody but the

medical man--those convulsions, the known existence of which deprives a

young woman of the hope, or a young man of the hope, of marriage. It is

the men who have that sort of experience--the general practitioners--men

who enjoy the entire confidence of numerous families, and have the

opportunity of visiting, in the way of their profession, the poor at

their lowly dwellings, suffering under sudden convulsions when affected

by serious disease--those are the men that we want to tell us about

convulsions. Do not let me mislead you for a moment--the evidence I have

read to you is not the whole of the evidence of Elizabeth Mills. There

is her evidence, differing in some material particulars from the

evidence given by her before the coroner. As to Mr. Jones, the evidence

does not so much differ, though there may be some particulars in which

there is a difference--and there is one remarkable one. He said in his

depositions, “The body was resting on its head and its heels”; but in

his evidence he says, “It was so bent that if it had been turned on its

back, it would, or might, have rested on its head and its heels”--that

is, if it did not rest on the back; but he in substance says it did. Mr.

Bamford says he found it resting on its head, its back, and its heels,

thereby excluding the supposition that a part of the body was not

supported by the back. However, before I go to that, perhaps you will

permit me to call your attention to the symptoms of traumatic disease.

My belief is, and I submit it to you, and it is what I shall hope you

will confirm by your verdict, that this complaint was not strychnia

tetanus at all, but it was, according to this description--the

description to which I will call your attention--it may well have been

some form of traumatic tetanus or idiopathic tetanus--there being no

broad general distinction or certain confine between idiopathic or

self-generating tetanus, or tetanus not arising from any extreme hurt or

any violence to the interior part of the system; and many forms of

convulsions, that is tetaniform, are pretty much the same as idiopathic

tetanus, and we have had numbers of medical gentlemen who have told us

they never saw a case of idiopathic tetanus. The answer to that is, you

have had very limited experience. They are not very frequent; but there

are gentlemen here who have seen cases of idiopathic tetanus, and they

are not of such unfrequent occurrence by any means. There is one

gentleman who is here, and whom I will call before you--a gentleman who

attended at the bedside of the lady at Leeds who was suffering under

strychnia, who has himself seen four cases of idiopathic tetanus; and

there are other gentlemen here who have seen them also--they are not so

rare, but they very rarely fall under the notice of surgeons of

hospitals; they are not so frequent as traumatic tetanus. Cases of

traumatic tetanus do frequently supervene from the operations of the

surgeons themselves; sometimes after operations, however skilfully

performed, a lockjaw is the consequence. The persons to give you

information on the subject are the general practitioners.

[Sidenote: Serjeant Shee]

Now, we shall see that none of those symptoms which were spoken to on

the day of the inquest by Elizabeth Mills and Mr. Jones may not range

under one of these forms of tetanus, the idiopathic or traumatic. The

idiopathic mingling in all directions with general violent convulsions

is not to be distinguished from them, inasmuch as convulsions have

constant tetaniform appearances; and the meaning I take it of that is

this, it is true, as Dr. Watson says in a passage which I called to the

attention of one of their witnesses--it is true that in four cases out

of five traumatic tetanus begins with a seizure of the lower jaw,

unless, as Sir Benjamin Brodie tells us, it may begin, as it did in two

cases which he attended many years ago, in the limbs. He told us so when

he was here; it began there before it attacked the jaw; but generally

trismus or lockjaw is the first symptom. But there is a fifth case in

which it is not, and Mr. Curling told us that that was about the

proportion--four out of five; so that even traumatic, or that kind of

tetanus which sets in after a wound, does not always begin with some

affection of the jaw or neck. Now, gentlemen, having gone so far, and

having endeavoured to satisfy you that the symptoms which were spoken to

by those two witnesses on the depositions may be the symptoms, as I

think--that is to say, as I am told, having no experience of my own in

the matter--that these symptoms are rather referable to that violent

description of general convulsions than to any form of tetanus, let us

go to the question, whether or not the symptoms are consistent with what

we know of tetanus produced by strychnia, because if we are satisfied on

a full inquiry that they are not consistent with the symptoms

unquestionably produced by strychnia tetanus, then the hypothesis of the

Crown entirely fails, and John Parsons Cook cannot have died of

strychnia poison.

Now, gentlemen, whether that be so or not will depend in a great degree,

as it strikes me--but, of course, it is entirely for you--on what you

think of the evidence of Elizabeth Mills; but before I go to the

evidence of Elizabeth Mills I will call your attention to what the

description of strychnia tetanus is, as given us by two very eminent

gentlemen who were called the other day for the Crown--Dr. Taylor and

Dr. Christison; and if we find on looking at it that that description of

the poison of strychnia tetanus, given by them, is a different thing

from the picture first given of the complaint, of the paroxysms of John

Parsons Cook by Elizabeth Mills and Mr. Jones, I think it would be

rather too bad on their mere opinion to say that this is strychnia

tetanus. Let us take Dr. Taylor’s description of strychnia tetanus--I am

not sure whether Dr. Taylor stated he had ever seen strychnia tetanus in

the human subject; however, we must be just to Dr. Taylor. Dr. Taylor

has had an extensive reading upon the subjects upon which he writes, and

it is not to be supposed that Dr. Taylor would hastily set down in his

book what he did not find established on high authority; therefore,

though having it at second hand, Dr. Taylor knows something upon the

subject.

[Sidenote: Serjeant Shee]

Now, Dr. Taylor, in his work on strychnia poison, has this under the

head of strychnia, “that from five to twenty minutes after the poison

has been swallowed the patient is suddenly seized with tetanic symptoms,

affecting the whole of the muscular system; the body becomes rigid, the

limbs stretched out, and the jaws so fixed that considerable difficulty

is experienced in introducing anything into the mouth.” On both the

depositions and the other evidence it is stated that Mr. Cook was

sitting up in bed, beating the bed-clothes, frequently telling the

people about him to go for Palmer, asking for the remedy, and willing to

take whatever was given him; there was no considerable difficulty in

introducing anything into the mouth, and the paroxysms, instead of

beginning within from five to twenty minutes after the poison was

supposed to have been swallowed, did not begin for an hour and a half

afterwards. Dr. Taylor further on states, “After several such attacks,

increasing in severity, the patient dies asphyxiated.” That there were

some of these symptoms in this case there can be no doubt, and there

will be some of them in every case of violent convulsions, yet it is not

the description of such a case as that of John Parsons Cook. Now, let us

see what Dr. Christison says--“The symptoms produced by strychnia are

very uncommon and striking--the animal begins to tremble, and is seized

with stiffness and starting of the limbs. Those symptoms increase till

at length the animal is attacked by general spasms.” Is that the

description of either of these paroxysms? Who can say with any degree of

truth that it is? Just observe these last indications of strychnia

tetanus, which are consistent with all the cases stated in their books.

It is only justice to those gentlemen who have taken pains to look to

the authorities to which they refer to say that the statements which

they give of their cases are in the main correct, but not in all their

details. The books would be five times their size if they were; but they

are in the main correct, when we look to the foreign authorities on

which they are founded--“The fit is then succeeded by an interval of

calm, during which the senses are impaired or are unnaturally acute; but

another paroxysm soon sets in, and then another and another, until at

last a fit occurs more violent than any that had preceded it, and the

animal perishes suffocated.” I know exactly what Dr. Christison means by

this, because there is a gentleman here who will state an experiment

which I saw myself; it was an experiment, and for the purpose of this

case, and to assist me; and I disagree with Dr. Taylor that there can be

a moment’s hesitation in sacrificing ten or twenty dogs for the purpose

of ascertaining the truth of this theory when a man’s life is involved.

These experiments were performed by Dr. Letheby while I was there. I

will state them to you, because he will prove it by and by. A dog had

some strychnia put in his mouth, one grain, and then for about--I cannot

be sure as to the time exactly, but about twenty or twenty-five

minutes--I cannot be sure, it might not be so much--the dog was

perfectly well. There were two rabbits on the table which were also

about to be subjected to the operation, and the dog, when the chain was

sufficiently relaxed to enable him to do so, showed all the indications

which a dog naturally does to get at the rabbits; he was pulling at his

chain, and was smelling and pawing and taking an interest in the

rabbits; suddenly it fell down on its side, and its legs were stretched

out in a most violent way. It panted, and then it remained for some

time--two or three minutes--quiet, occasionally a little jerking, but

generally quiet. It recovered again for a time, got up and looked at the

rabbits, but was dizzy, seemed afraid to move; and, if you touched it,

shuddered and twitched, to use Miss Elizabeth Mills’ description; seemed

to be afraid, and after another moment down it went again. It got up

again, and down it went again, and at last it had a tremendous struggle,

and it died. That is what Dr. Christison means by this description; it

would be true if the dose had been a strong one. If the dose had not

been sufficient to kill the dog it would probably be a longer time--at

least, I suppose so--in producing its effect, and the interval between

the paroxysms, as stated by Dr. Taylor and Dr. Christison, would get

longer and longer, until at last the animal would recover. If the dose

is strong enough to kill, the interval between the paroxysms is shorter,

till at last the violent one comes which destroys life; the eyes are

fixed, and there it lies, and just before its death--and I thought it

was dead, but I was told immediately before its death--just before it

dies, the limbs become as supple and as free as it is possible to

conceive the limbs of an animal to be; whichever way you placed them

after the animal is quite dead, if you place them in any form, the

rigor-mortis comes on, and they remain in the position in which you

place them. Dr. Christison says they assume rigidity. I saw this

operation performed, and also on the two rabbits, and their symptoms

were substantially the same, and their limbs in both cases were quite as

flaccid immediately on death. The animals during the time of the

intervals between the paroxysms were exceedingly touchy, and seemed

afraid of being touched at all; if you were to touch them they would

shrink away. It was more so in the dog; it was, in fact, a sort of

shudder--that is what Dr. Christison means.

[Sidenote: Serjeant Shee]

Now, gentlemen, without going through the whole of these details, I will

state to you my reasons for saying, on the authorities and from my study

of the books of those two gentlemen, that, according to their

principles, this cannot have been strychnia poison. Now, I object to the

theory of its being strychnia poison, first, on this ground, that no

case can be found in the books in which the patient while the paroxysm

lasted has had so much command over the muscles of animal life and

voluntary motion as Mr. Cook had on the Monday and Tuesday nights. You

heard that Mr. Cook was sitting up in his bed, that Mr. Cook was beating

the bed-clothes, that Mr. Cook was talking and crying out for Palmer,

and to have the remedy given to him; that Mr. Cook, so far from being

afraid of people touching him, asked to have his neck rubbed, and it was

rubbed. There is not a single instance in the books of Dr. Taylor, or in

the books of Dr. Christison, or any other books of any medical man

describing the symptoms of the strychnia poison, in which the well-known

symptoms the malasaux took place--not one, and it is inconsistent with

their description, and what I tell you will be the proof Dr. Letheby

will give of the experiment that I saw, and of many others he had

performed.

[Sidenote: Serjeant Shee]

Trial of William Palmer · 第 14 / 36 段