I will go to the next point on the ground of which I say this is not

strychnia poison. I say there is no authentic case of tetanus by

strychnia in which the paroxysms were delayed so long after ingestion of

the poison as in this case. I will refer, however, to their own

statements, knowing that they are here. (Extract from Dr. Taylor’s book

read.) There was one case to which his attention was called; it was not

a fatal one, but it got better, and still he says the symptoms were

those which he described, and thought it was too late to get the poison

out of the stomach, as in half an hour it had got into the

circulation--what can be more clear? it is a broad, distinguishing

feature in the strychnia. The interval which took place between the

ingestion of the poison in Mr. Cook’s case and the time when the

paroxysm commenced was much too long, three times too long, to indicate

the effect of poison by strychnia. It cannot be pretended it was a

similar case, if the symptoms are properly described, as I will

presently call your attention to them, by Elizabeth Mills in her

statement in this Court. Now, gentlemen, thirdly, I submit, and I will

prove, that there is no case in which recovery from a paroxysm of

strychnia poison has been so rapid as in Cook’s case on Monday night, or

in which a patient has enjoyed so long an interval of repose or

exemption from its symptoms after they had once set in. It is a very

remarkable feature, if it be true--if I am right in saying that there is

no case in which recovery has been so rapid as in Mr. Cook’s case on

Monday night, followed by so long an interval of relief from the

paroxysm. In fact, in the case of Mr. Cook’s, on the theory of the

Crown, it would not have come on again if a second dose had not been

given. There was an end of it when Elizabeth Mills left Palmer sleeping

by the side of his friend in the arm-chair. How easy it would have been

for him then, if he had been disposed, when Elizabeth Mills had gone to

bed and had retired to her room, to have called out to her that Mr.

Cook was in another fit, and to have killed him, almost without

suspicion on the part of anybody. Dr. Christison tells us in general

terms that these convulsions are succeeded by intervals of calm, during

which the senses are unnaturally and unusually acute; another fit then

begins, it subsides, and is succeeded by another and another, till at

length a fit takes place more violent than any before it, and the animal

dies suffocated. Here, I submit to you, is a distinction between the

case of Mr. Cook and that which these gentlemen state to be the

distinguishing feature, in that there is no recurrence.

Now, I will come to another feature of the disease, the post-mortem

symptoms of the disease. I saw three animals killed, of which I have

spoken to you, and Dr. Letheby was good enough to have dug up from his

garden a rabbit which had been killed by strychnia, and to open it

before me, to examine the heart, and the heart was full; the heart of

the dog was quite full, and the hearts of the two rabbits which I saw

killed were quite full--as full as they could possibly be. I am told

that the result of an enormous proportion of such examinations has been,

and, if properly conducted, of all of them, that the heart is full on

the right side invariably. We will prove to you that the heart of the

animal which was killed by strychnia poison is invariably full, and it

stands to reason it would be so.

[Sidenote: Serjeant Shee]

Now, I have discussed what may be said for this purpose to be the theory

of the matter, but I have not yet met the strong point which will be

made for the Crown on the evidence of Elizabeth Mills. I am, on all

occasions, most reluctant to attack a witness examined on his or her

oath, and particularly if she be in a humble position. I am very

reluctant to impute perjury to such a person. Let me point out to you

what occurs to me to be the right opinion to be formed of the evidence

of Elizabeth Mills. I submit to you in this case of life and death, or

in any one case involving any question of real importance to liberty or

to property, that that young woman’s evidence cannot and would not be

regarded in the ordinary administration of justice when on material

points she has stated two different stories. A jury can really hardly

believe such a witness, and in criminal cases the learned judges are,

without altogether rejecting the evidence and withholding it from the

jury, in the habit of pointing out to the jury the discrepancies between

the statements given at different times, and saying that under all the

circumstances of the case it would not be safe to rely on the testimony

in the last instance, if it differ from, and probably is more strongly

adverse to, the party accused than the statements made when the

impression was fresh in the witness’s mind. Now, observe that since the

first time that she gave her evidence she has had the means of knowing

what the case of the Crown is. She has had the means of knowing--I do

not mean to say she has been tutored by the Crown--it would be a gross

injustice to say so; and I know if my learned friend thought that had

been done he would not have called her--or by any of the gentlemen who

act for the Crown; but since she was examined at Rugeley she has had the

means of knowing, by interviews she has had with different people, that

the case of the Crown is, that Palmer, having first prepared the body of

Cook for deadly poison by the poison of antimony, afterwards despatched

him with the deadly poison of strychnia. She has learned that their case

is, that there was an administration of something which did not

eventually kill him, that is, antimony, but which had the effect of

producing retching, and nausea, and irritation of the stomach, which is

attributed, according to the hypothesis of the Crown, to the deliberate,

persevering intention of the prisoner at the bar to reduce him bit by

bit--making him reject everything off his stomach, so that when once the

ingestion of the poison occurred he was certainly dead; that is the

case. In her first evidence before the coroner she was asked whether she

had tasted the broth, and she said that she had tasted the broth, and

thought it very good; she did not say a single word about any ill

effects that broth had produced upon her--not a single word. She has

since learned it is part of the case for the Crown, or of those out of

whose hands the Crown has taken this prosecution--in fact, the theory of

Dr. Taylor--that all this retching and vomiting was the result of a

constant dosing with antimonial poison, in order to prepare him for an

utter inability to resist the fatal dose of strychnia which it was

intended to give him. Accordingly, when she is examined here, fitting

her evidence to the case, and probably after having been asked many

times whether she had not been sick on some Sunday or another, she has

persuaded herself, if she has not been persuaded--I do not wish to use

the word suborned--that her sickness on some Sunday afternoon took place

on the Sunday afternoon that broth was sent, and was caused by her

having taken two spoonfuls of it. She did not say so in the first

instance before the coroner, but that “she tasted it, and it was very

good.” I ask you to consider for a moment whether it is not to the last

degree improbable that a man like Palmer--a shrewd, intelligent, clever

man--would expose himself to such a chance of detection as the sending

of poisoned broth made at the Albion to the Talbot Arms, at the imminent

risk of its finding its way to the kitchen, where, sure as fate, the

cook would taste it. Can you conceive a cook not tasting broth made by

another cook, and sent over as particularly good? I submit to you it

was such a risk as no man in his senses could by any possibility run. A

cook is, in the nature of the thing, a taster; she tastes everything;

she does not know, of course, if it be her own making, whether it is

good until she tastes it; she gets the habit of tasting--and as sure as

Palmer sent the broth to the Talbot Arms, and any part of it reached the

kitchen, so sure, if it contained antimony, would the cook be ill. Is it

credible? I submit to you, it is not credible; and when you find she did

not say a word about it in the first instance, and that an ample

opportunity was afforded for her so to do in the way I have described, I

submit you cannot rely upon her evidence here, as it differs with her

evidence before the coroner. Again, she said that on the Saturday Cook

had coffee for breakfast about eight o’clock. “He ate nothing but he

vomited directly he had swallowed it. Up to the time I had given him the

coffee I had not seen Palmer.” When she gave that evidence she was not

aware it was part of the theory of the Crown that the traces of antimony

(which Dr. Taylor says might have killed him) were to be made to fit

into the theory of the strychnia poison--that it was a gradual

preparation, by vomiting, for strychnia. That chart of the country over

which she was to travel had not been laid before her. She did not then

know what at the time she came here she did know--that it was part of

the case for the Crown.

[Sidenote: Serjeant Shee]

The Attorney-General opened the case in that way distinctly, that that

was the theory for the Crown; “that Palmer had ordered some coffee for

Cook on the Saturday morning; it was brought up by the chambermaid,

Elizabeth Mills, and given to Cook by Palmer, who had an opportunity of

tampering with it before giving it to Cook.” That was the statement

which the Attorney-General was instructed to make. There is all the

difference between her first statement, that up to the time she had

given the coffee to Palmer for Cook, and that Palmer had an opportunity

of tampering with it. The young woman would not go so far as that, but

she went to this extent--“Palmer came over at eight o’clock--ordered a

cup of coffee for Cook--I gave it to Cook--I believe Palmer was in the

bedroom--I put it into Mr. Cook’s hands, but I did not see him drink

it--I observed afterwards the coffee had been vomited.” The statement

thus made by her before you was not so strong as that of the

Attorney-General, but, on the other hand, it was a great deal stronger

than the statement she made before the coroner, because, according to

her story then, Palmer had not an opportunity of dealing with it--she

“did not see Palmer up to the time she had given him the coffee.” From

the statement which she made here you might suppose that Palmer, if he

had chosen, might have got the coffee from Cook--but that is in the last

degree improbable--and have done what he wanted to do with it; for she

says, “Palmer came over at eight o’clock and ordered a cup of coffee,

and that when it was made she took the coffee up into the bedroom and

gave it into Cook’s hands” (she believed Palmer was there), “but she did

not see him drink it, and afterwards she observed the coffee had been

vomited.” These two statements, the one before the coroner and the other

before you, are essentially different, and the difference between them

consists in this, that the last one supports the theory now set up on

the part of the Crown, while the first one is totally inconsistent with

it. Can you rely on a woman who has altered her testimony to such an

extent? But that is not all; the case for the Crown is that Cook was

reluctant to take the pills which were given to him, and that he

expressed a reluctance which Palmer of his own head overruled, and that

Palmer knew that Cook was angry with him, or, at all events, displeased

with him, for forcing him to take the pills. In the first statement of

Elizabeth Mills before the coroner she said Cook said it was “the pills

that made him ill, and that he had taken the pills about half-past ten.”

When she came here she swore that Cook said “the pills which Palmer gave

him at half-past ten made him ill”; thereby, you see, fixing the fact

that Palmer gave him the pills, and fixing the time at which Palmer gave

them to him, she having had an opportunity of learning that the later

the pills were given the more favourable it would be to the suspicion

that death had been occasioned by this poison. Before the coroner she

did not say that Palmer was in Cook’s bedroom between nine and ten

o’clock on the Monday night, but she did when she was here. You will see

that makes him more about the bedside of Cook, having more opportunity

of dealing with the pills. By these variances from her first statement

she shows the animus which now, for some reason or other, actuates her.

Perhaps it has been the result of the persuasion that Palmer was the

murderer of Mr. Cook, as Dr. Alfred Swayne Taylor swore he is, and of

her horror of so great a crime; that gives it the just, charitable

construction; still, I say, she is not to be relied upon. I have

mentioned the particulars in which her statements vary, but these are

nothing to the important particulars to which I will now call your

attention. I impeach her testimony on the ground that she adopted here a

manner and a gesticulation in describing the symptoms under which Cook

laboured which, if true, would have exhibited itself at the inquest, and

would have at once attracted the attention of Dr. Taylor. The

contortions into which she put her hands, and her neck, and her mouth,

before you, could not by any possibility have escaped the attention of

Dr. Taylor. If anything like it took place there it would have been

observed by him, and questions would have been put to reduce, so to

speak, those gesticulations into verbal expressions, that they might be

recorded in the depositions. But that is not all. I am told, and you

will have an opportunity of hearing it from Mr. Nunneley, Dr. Letheby,

Dr. Robinson, and other eminent medical men, that the description of the

symptoms which she gave to you is inconsistent with any known

disease--that they were grouped by her in a manner so extraordinary as

to be quite inconsistent with strychnia tetanus.

[Sidenote: Serjeant Shee]

Let me call your attention to this part of the evidence. You are aware

that in the months of February (the last week of February) and March a

very frightful case of strychnia poisoning occurred at Leeds. It was a

case in which a person, having constant access to the bedside of the

patient, was supposed to have administered repeated small doses of

strychnia so as not at once to strike her down, but gradually to destroy

her; and that after having kept her in a state of irritation for a

lengthened period, he at last consummated the work and killed her. That

was the case. It appeared in all the newspapers. The nurse who attended

the patient and the medical gentlemen spoke of symptoms which she

exhibited from the 24th or 25th February to the 1st of March, and they

described it in this way--She had “prickings” and “twitchings” in the

legs, coming on without any violent paroxysms or spasms, and was alarmed

at the thought even of being touched by anybody in the intervals of the

spasms which occurred from time to time. Now, let me call your attention

to the evidence before you of Elizabeth Mills. She says, “He said, ‘I

cannot lie down’; his body and neck were moving and jerking; he would

throw himself up, jumping and jerking all over his body all the time; he

asked me to rub his hands; I noticed him to ‘twitch’ while I was rubbing

his hands.” (The learned serjeant read a portion of the evidence.) Now,

I submit to you that some of these expressions, particularly the

twitching, are very remarkable; and it may well have been that, this

case coming before the public and exciting no little degree of

attention, although not to the same extent as this Rugeley case, persons

who had been in the habit of going to see her and conversing with her

may have been asking her questions about this case, of which she

admitted she had heard, “Did you observe in Cook any such symptoms as

these?” her attention being called to them in such a way as to induce

her to alter the statement made by her at the inquest. You cannot,

indeed, account, as I submit to you, for so remarkable a difference

between the first and second statements, without supposing something of

that kind. Now, is it improbable that that did take place? From the

time she left the Talbot Arms till she came here she seems to have been

a person of very remarkable importance. She went to Dolly’s, and Mr.

Stevens visited her six or seven times. Why did he visit here? What for?

Mr. Stevens is unquestionably--and if under proper self-restraint, no

one can blame him for it--very indignant at what he fears to have been

the foul play of Palmer with Cook. He is not in the same condition of

life as Elizabeth Mills. Why should he have gone to visit her six or

seven times, conversing with her in a private room? She says, “He only

came to see whether I liked the place; he called to inquire after my

health.” Gardner also, his attorney, saw her once, but only asked her

how she was, and they talked about other things. She said she gave the

last authentic account of her evidence to a man she did not know--whom

she had never seen before; and when I found out, after much questioning,

that Mr. Stevens was with him, and asked her why she had not told me so,

her answer was, “Because you never asked me.” That raised a laugh, and

she enjoyed her triumph. All this looks like having been tutored. I put

it to you that you cannot, with any degree of satisfaction, rely on the

evidence of the young woman; and you will learn that the confusion and

the variety of the symptoms she has put together, taking them partly

from her depositions and partly from this new version, have made the

case which she described not only not a case of tetanus, but not of any

known disease.

[Sidenote: Serjeant Shee]

Now, on this part of the case I have this observation to make; the

illness of the Sunday night appears to have been a very remarkable

occurrence. It came out in the course of the examination, as a fact

spoken to by Cook, and it will be for you to judge, after you have heard

the evidence of the medical gentlemen, whether the periodicity of the

attacks does not militate against the theory of death by strychnia

poison. The illnesses of Cook take place three nights running, exactly

at the same time, or if not exactly at the same time, very nearly. I

find that is a symptom of very frequent occurrence, that about the same

hour of the night, or of the week, or of the month, and very often after

the patient has got to bed, the thing occurs. It is about the same hour

in this case of Mr. Cook’s. On the question whether the symptoms were

such as are consistent with the theory of strychnia poison, and

inconsistent with the theory of death from other and natural causes, I

have only now further to state what I intend to prove. I will not go

through in detail what will be better stated by the gentlemen who will

be called; but I shall call a number of most respectable physicians,

surgeons, and general practitioners, having extensive experience in our

large cities, who all support the view I have to submit to you, and

which they have suggested to me as the probable one--that these fits of

Mr. Cook were not tetanus, but violent convulsions, the result of the

weak habit of his body, which had been increased by his mode of life.

I propose now to discuss the question whether the circumstantial

evidence against Palmer be such as to be inexplicable on the supposition

of his innocence, and if I show you on the broad and salient features of

the evidence that it is not (you will not expect me to go into the more

minute details), and I have succeeded in satisfying you on any

considerable portion of the points to which I have directed your

attention, and if the evidence comes up to what I have been instructed

to say it will, you will be too happy, recollecting that you are the

country in the language of the law--that the country out of doors, in a

case of crime, of life and death, is uninformed, without the opportunity

of hearing the witnesses examined or cross-examined on their oaths to

decide between the Crown and the Queen’s subject on the evidence alone.

Every word of this evidence will be carried to all the ends and corners

of the earth, and it will remain to be seen whether this great country

of England, in a paroxysm or convulsion of prejudice, created by the

rashness of one scientific man who had no knowledge of his own about the

matter, has made up its mind to sacrifice the life of a fellow-creature

under circumstances which would expose any person who has ever been

present at deathbed convulsions liable to the same charge.

I say the circumstantial evidence in this case is not such as to justify

you in coming to a conclusion of the guilt of the prisoner. I will

endeavour in this part of the discussion to address myself to those

portions of the case which seem at the first blush of them, and on

judicial consideration of them, to require notice. I will not avoid

anything that is difficult or that may seem to you difficult, so that

when I sit down you will see that I have discussed this great argument

fully and fairly in every branch of it, and ask yourselves, what ground

is there for any verdict but a verdict of “not guilty”? I will avoid

nothing, and proceed at once to one of the most salient points. I will

pass over, after an intimation that was made from the bench, the point

about pushing the man at the inquest, or the accident of a slit in the

covering of the jar, which, sharp instruments being used by the

operators, may easily have occurred, or the putting it in a further

corner of the room, from which there was no possibility of its being

removed. I do not believe that any such circumstances as these would

induce you to come to a conclusion against the prisoner.

LORD CAMPBELL--No member of the Court, I think, has intimated any

opinion as to the other portions of the case; merely as to the pushing.

[Sidenote: Serjeant Shee]

Mr. SERJEANT SHEE--I do not wish to suggest anything which is not

strictly correct, and perhaps I ought not to use what was intimated from

the bench in any way, but rather submit that, where everybody perfectly

well knew Palmer, in any little apparent shove, so to speak, during the

course of the post-mortem, is not to be taken as an evidence of his

guilt. It was in leaning over, if at all, to observe an examination of

considerable interest to all persons present, and I cannot conceive that

anything of this kind can be taken into consideration. No serious

complaint was made at the time. Mr. Devonshire said nothing was lost by

it. He said also the jar was removed to a corner of the room. It was not

removed out of sight. It was in the broad daylight. It was impossible it

could be taken away without observation. It would be absurd that Palmer

should be suspected of having done so with an improper object. This we

know, that he was very reluctant to have the jar removed out of the

possession of those on whom he could rely. That is very true; there were

some persons who did not want to pay him £13,000; there were some

persons who had been doing all they could to undermine his character for

a very considerable time, imputing to him the most wicked conduct

respecting a near relation, which none of his own relations ever joined

in, knowing that there were many persons at Rugeley much prejudiced

against him, and it was in his judgment of the last importance that

anything which could be brought against him (and it was clear that this

post-mortem, from the conduct of Stevens, was intended to found a charge

against him), should be kept in unsuspected custody, and that nobody

should have an opportunity of tampering with it and its contents. When

told that Dr. Harland is coming to make the post-mortem, he says, “I am

glad of that, for there is no knowing who might have done it; and it is

a satisfaction that you, whom I do know, are coming to superintend it.”

I say that was the conduct of a respectable man, who knows that his

conduct would bear investigation if it were properly inquired into. But

we know also that in a town like Rugeley there were a great many serious

people, who could not approve of his habits of life, to whom his running

about to races would not much recommend him, and whom he has reason to

know would not very much regret any injury which might happen to him.

[Sidenote: Serjeant Shee]

Trial of William Palmer · 第 15 / 36 段