Is there any other part of his conduct connected with the post-mortem

which requires explanation? When the jar was going to be sent to town he

objects to its going to Frere’s. He had some reason for that. He had an

assistant in his service who had been in the service of Frere. We know

the jealousies that exist in country towns between professional men. We

will not do Mr. Frere the injustice to suppose he would do so great a

wrong to Palmer as might result from tampering with the contents of the

jar; but still it was right to be cautious, and Palmer told Dr. Harland,

“I want you to take it with you to Stafford, and not let it go to

Frere’s house.” In these minor incidental matters his conduct appears to

me perfectly consistent with innocence. Let me call your attention to

this more important matter, on which my learned friend in his

instructions was told to rely--and accordingly he did, in the discharge

of his duty, rely upon it. I will call your attention to what has been

stated by Myatt, the postboy. His evidence was pressed into the case; it

could not well be excluded from it as an evidence of guilt. Now, what

did it amount to? Before I have done, under the general head of Palmer’s

conduct, I will call your attention to what passed between him and

Stevens. You will find the conduct and deportment of the latter were

such as would make some men almost kick him; it was so very provoking,

supposing Palmer was innocent. He dissembled with him--pretended to take

his advice--cross-questioned him--changed his tone upon him--now

speaking to him mildly, now in a voice of menace--threatened him with a

post-mortem examination--and evidently did the whole thing hostilely to

him, as if he thought something wrong had taken place, and it was his

duty not only to protect the property, but to see any person who had

been guilty of foul play towards Cook brought to condign punishment.

Stevens, after poring over the remains of the dead man at the

post-mortem examination, was ready to leave Rugeley, and a fly was

ordered for him and his companion, Mr. Boycott, in which they were to

proceed with the jar to Stafford, and thence by rail to London. Now, if

there were anybody base enough, either in support of a theory, in

support of a reputation--God forbid that I should suggest that to the

prejudice of Dr. Taylor!--if there were anybody capable of so great a

wickedness as tampering with the jar, it might easily be done; and he

was anxious to have it kept by Dr. Harland and not committed to the

custody of Stevens. His conduct to Palmer had been vexatious and

annoying in the last degree; the fly was being got ready after Palmer,

we may suppose, had dined; and meeting the postboy Myatt, he asked him,

according to Myatt, whether he was going to drive Mr. Stevens to

Stafford. “I told him,” said Myatt, “I was. He asked me if I would upset

them?” Now the word “them” was first used in this Court to designate the

jars. There was only one jar at that time, so it could not be meant to

apply to the jars; if used at all, which I think very doubtful for the

reason I tell you--at least in a bad sense--it must have been applied to

Mr. Stevens and his companion. And now just see if the facts in this

case which are undoubted do not give a reasonable colour to that.

Palmer (though I will show you his conduct to Stevens was exemplary in

every respect, by putting the dialogue between them before you without

making any comment on it) must have felt outraged beyond all expression

if--knowing himself to be innocent, that he had acted as a friend and

brother to Cook, and had called his relations about him when he was

ill--he found himself suspected of stealing a trumpery betting-book,

which he knew was of no use to any one, and charged of playing falsely

and foully with the life of Cook. He had great cause to be vexed and

irritated with Stevens, and that he was so is plain from what he said to

Dr. Harland--“There was a queer old fellow,” he said, “who has been down

making inquiries, who seemed to be suspicious of my having stolen the

betting-book, which everybody knows can be of no earthly use to

anybody.” It shows that his mind was impressed with the idea that he was

wronged. He may be supposed, communing with himself, to say, “He has

ill-treated me; he has encouraged suspicions which have been excited

against me already, and which, if he persists in his course of bringing

another charge against me in this matter, will probably render it

impossible to get the money from the insurance company in time to rescue

me from a position which may involve in ruin myself and some members of

my family.” That was evidently the tendency of what Stevens was about.

He meets this postboy and asks him if he is to be ready to drive the fly

to Stafford; the boy says, “Yes, I am.” He said, “If I would upset them

there was a £10 note for me.” He has been asked, “Had anything been said

about the jars?” I submit to you the true construction of the story, if

it occurred at all, is, that being under a feeling of irritation against

Stevens, and using strong expressions with regard to Stevens, hearing he

was going to Stafford, he said, “I should not mind giving £10 to upset

him.” He had been vexed at his conduct, and irritated by the perpetual

suspicions and inquisitiveness which he had displayed, even when he went

up with him, like a friend, to show him the corpse, uncovering it down

to the thighs. Some previous suspicion must have existed in Stevens’

mind; but Palmer had no suspicion of this thought that he was guilty of

so foul a crime as that which was imputed to him. If that evidence be

throughout true, it is only true in the milder and innocent sense, and I

have this reason for saying so. This man was in the service of the

landlord of the Talbot Arms, and was always about the yard; he was

driving to and from the Talbot Arms every day of his life; he must have

been there on the day of the post-mortem examination; he must have been

a constant companion of the stable boys and labourers about the yard;

and his observation must have been drawn to a thing so striking and

remarkable as a post-mortem examination on account of a suspicion of

murder. He was not called before the coroner; and nobody knew, at the

time the inquest was held, that he had ever said anything which could be

fairly taken in a sense which would make it evidence of a guilty mind in

Palmer. But if he had said that Palmer said, “I should not mind giving a

£10 note to have him upset; it is a humbugging concern,” and in that

manner, and with the feeling I have stated, it would not have excited

any observation or suspicion, and no one would have summoned Myatt to

the inquest. I submit that is the true version of this story. It is not

to be supposed that a medical man, knowing that he had given a large

dose of strychnia, would suppose that, by the accidental spilling of a

jar, the liver and spleen and some of the tissues continuing untouched,

he could have escaped the detection of his guilt.

[Sidenote: Serjeant Shee]

Next I shall call your attention to the evidence of Charles Newton; he

is a person who has sworn before you that he saw Palmer at Mr. Salt’s

surgery at nine o’clock on the Monday night, and that Palmer asked for

three grains of strychnia; that he weighed it, and gave it to him in a

piece of paper; that is the first part of what he swore before you and

my lords. Now, I should tell you how this case has been conducted. As

soon as my learned friend the Attorney-General, as counsel for the

Crown, was made acquainted with the illness of my learned friend Mr.

Serjeant Wilkins, with his inability to conduct the defence and that I

was to supply his place, he desired that every scrap of evidence against

the prisoner should be forwarded to me, and to my learned friends near

me; and, accordingly, as soon as he received this evidence of Newton he

forwarded it to me, and I received it on the day this Court met. I

believe it was sent to me late on the previous night, but I did not see

it until the morning you were sworn; so that this witness Newton did not

bring this matter that was in his knowledge of the fact of the purchase

by Palmer at Mr. Salt’s surgery at nine o’clock on the Monday night of

three grains of strychnia--he did not bring that to the knowledge of the

Crown until the night before this trial commenced. Now, he had been

examined at the inquest, and he did not tell before the coroner the rest

of the story which he told when he was examined here. (The learned

serjeant read the examination of Charles Newton.) He did not tell that

to the coroner. All he told the coroner was that he was present when

Palmer bought some strychnia off Roberts on the Tuesday night in the

shop of Mr. Hawkins; he did not speak to the purchase of the strychnia

on the Monday night; he knew that he was called to corroborate a

statement which Roberts had made as to the presence of Palmer at the

shop, and the purchasing of the strychnia on the Tuesday, yet he never

said one word at that time either of the fact of Palmer having bought

strychnia off him on the Monday night or of his having asked him what

appearances, if a dog were killed by strychnia, would be exhibited on

its post-mortem examination. A man who so conducts himself is utterly

unworthy of credit. There is one honest, laudable motive in a Court of

justice, and that is to assist in the administration of the criminal law

of the land. If any man had the least hesitation when in Court, or to

come into Court and take the oath to depose to what he knew were the

facts, we should not be safe against crime for a moment. But you cannot

justify the fact of swearing away another man’s life, except under a

sense of duty, and for that object; and if a man, knowing that he is to

be sworn touching so grave a subject as that of murder, the first time

he takes the oath omits a considerable portion of what he knows, and

three weeks afterwards tells another portion, and at a further interval

comes forward and tells more--enough, in his opinion, to drive the guilt

home to the man who is accused--the witness, I say, who conducts himself

in that manner ought not to be believed. The prisoner who is convicted

upon the evidence of such a man as that is sacrificed by a jury. But

there are other circumstances in that statement which render it in the

last degree improbable. That Palmer should, once in a week, purchase

strychnia in the town of Rugeley is not to be wondered at. Strychnia is

sold for many purposes, to kill dogs and vermin, and Palmer, as you may

recollect, had often occasion to complain of the dogs from the slipping

of the foals and the galloping of the mares. In the course of the

evidence in this case it has been mentioned that strychnia was purchased

by Palmer twice within the week, when the first time he had bought quite

enough, and more, for the purpose imputed to him. But that a person

should go and buy strychnia twice in a week in a small country town,

having bought enough for all purposes the first time--that he should go

and buy more the next day at the shop of a rival tradesman, with whom he

was on bad terms--is to the last degree improbable. Common sense revolts

at it; nobody can or ought to be believed who makes any such statements.

Again, observe he had been to London on the Monday. In London there is

no difficulty for a medical man to get anything of the sort which he may

require. He has only to write it down in the technical way, so as to

give evidence of a medical education, and it is given to him at once,

without a word. He had been to London; and, again, if he could not get

it there, he could get it at Stafford. Why should he get it at Rugeley?

that is the last place that he would have gone to for it. It seems to me

that it is equally impossible he ever could have bought it for such a

purpose as the purpose attributed to him, and that he would have been,

if really guilty, so unwary as to allow the paper in which the strychnia

had been not to be found with the full quantity he had purchased in it;

he would not have been such a fool as not to take care that the paper in

which it was wrapped was full of strychnia before his house was

searched, so as to make sure that it should be found that nothing should

appear to have been used out of it, and that the exact quantity was in

the paper. I submit, therefore, it cannot be believed--it is not

credible!

I am now in a condition to satisfy you that Palmer was undoubtedly in

town, and that he could not have been there at nine o’clock; that he was

in London at a quarter-past three o’clock, and that he could not have

been there by nine o’clock--the hours at which the trains start rendered

it impossible. The thing is false--downright false. It is impossible to

have got to Rugeley before a quarter-past ten, and we will account for

what he did in a way that will entirely satisfy you. He attended the

post-mortem examination, and is it credible that a skilful medical man,

who has studied at the London hospitals, would have gone to that dolt

Newton to ask him as to what would be the effects of strychnia on a

dog’s stomach? Is it credible that he should go to that stupid sort of

fellow, who gave his evidence in that dogged, mulish, sullen manner,

which often is indicative of something else besides the want of

understanding, and that he would have gone and asked a chap like that,

“What are the effects of strychnia?” and then, when he had been told, he

would snap his fingers and say, “All right.” It cannot be--it is

impossible. No one would believe it; and I submit to you confidently

that unless there is much stronger evidence than that, it is evidence on

which you cannot rely for a moment. To show the animus of this Newton

against Palmer, I will remind you of what he stated. Palmer said that

“you will find that he has taken a great deal of mercury; you will find

this ‘fellow’ died from a diseased throat.” When he is questioned about

it mildly and quietly by my friend Mr. Grove as to what was the exact

term used, he answers, “I do not know whether he said poor or rich”;

just as if it could be a question of that kind. What we wanted to know

was whether he had spoken of the poor dead man in a pitying way, or

whether he had spoken of him as a disreputable person, unworthy of all

consideration. As to that part of the case I will say no more, and I

will proceed to other matters taking you back again to what occurred at

Shrewsbury.

[Sidenote: Serjeant Shee]

The case for the Crown is, that as early as the 14th November, at

Shrewsbury, the scheme--the plot--of poisoning commenced. That is the

supposition of those from whom the case has been taken by the Crown.

Now, it is suggested that on the night of Wednesday, the 14th, Palmer

dosed this man Cook with something that he put into his brandy, and the

witness Fisher told us that Cook told him so. If you remember the early

part of my address to you, I read a few words at the end of a letter

from Cook to Fisher, in which, after telling him it was of vast

importance to him, as well as to Palmer, that £500 should be paid to Mr.

Pratt, he adds in a postscript “I am better.” These words must have

referred to his illness at Shrewsbury. The letter relates to another

matter which is of great importance to him and to Palmer, and he does

not seem to treat it as one having in his own mind a belief that Palmer

had drugged him with poison for the purpose of destroying his health at

Shrewsbury. Then, again, on the evidence, what does Palmer say himself

about what occurred at Shrewsbury? He says, when it is mentioned, “Cook

says I have put something in his glass; I do not play such tricks with

people”--taking it as if it had been never understood otherwise than as

a loose expression of a man, perhaps not actually drunk--the evidence

does not go to that extent--though I think you will be of opinion he was

very nearly approaching to that condition. I could not help being a

little amused by a version which I read some time ago of this portion of

the Shrewsbury plot. I will read it to you--“After indulging freely in

the foreign wines of an English country town, 150 miles from London, the

owner of ‘Polestar’ took to brandy and water to restore his British

solidity. Tossing off his glass, he complained that there was something

in it, for it burned his throat. Perhaps those who have drunk strong

brandy and water with similar haste may have experienced the same

sensation; perhaps also, like Mr. Cook, they may have vomited

afterwards. He bolted his brandy and water down at Palmer’s challenge,

and bolted it up again when it encountered the cold champagne. That

night he was very drunk, and very sick, and very ill. His dinner he cast

up into a basin; his money he deposited with his friend Mr. Ishmael

Fisher, a sporting wine merchant, of Shoe Lane, Holborn. To this Mr.

Ishmael Fisher the owner of ‘Polestar’ gave £700 to keep till next

morning, expressing his belief, at the same time, that Palmer had dosed

him for the sake of the money. If such had been Palmer’s intention,

would he have left Cook at such a moment? He neither followed him from

the room when his stomach rebelled, nor did he go near him all that

night. This neglect showed, indeed, how hollow was his friendship, but

it proves his innocence; guilt would have been much more officious. Next

morning Cook looked very ill, as men are apt to do after excessive

vinous vomiting; but his drunken suspicions of Palmer had evaporated

with the fumes of the brandy, and they were again friends and brother

sportsmen.”

[Sidenote: Serjeant Shee]

I believe that is the true version of the matter, and that Cook

believed it to be so. He breakfasted with Palmer the next morning; he

was good friends with him the whole of the day, and went with him to

Rugeley, and there remained on Palmer’s invitation. In consequence of

the letter which Pratt wrote on the 13th, and which Palmer got on the

14th, in which they both had an interest, Cook wrote to Pratt to say

that somebody would call on him with £200, and he wrote to Fisher to

tell Fisher to do so. Did anybody at that time believe that there was

any intention to drug and poison this man? Does not the explanation that

Mrs. Brookes gave, which I must say was exceedingly creditable to her,

the readiness with which she stated to me that her husband did not

approve of her attending races, that it was disagreeable to him; and the

dignity, if I may say so, with which she answered the question put to

her by my learned friend--“Are you intimate with Palmer?” by this other

question, “What do you mean by intimate with him? I am friendly,” seemed

to me to entitle her to all due respect. And when she, being called for

the Crown, tells you, “That night I heard in several directions of a

great number of people who were purged and vomited; there was a general

affection of the kind amongst strangers visiting Shrewsbury on that

occasion”--I submit to you it was to the last degree improbable that

anything of that kind occurred. About the tumbler which she saw in

Palmer’s hand I cannot suggest any reason, because it is not in my

instructions, but it might probably be accounted for in this way, when

he came back from Rugeley and found all the people indisposed he would

naturally look at the water to see if there was anything to account for

its unwholesomeness. Mrs. Brookes said, and that is the point to which I

wish to call your attention, that he was in a passage under a

chandelier; that the waiter pointed to him when he showed her upstairs;

that he spoke to her while holding up the glass to the light, and said,

“Wait a minute, and I will come to you.” Nothing can be more natural

than that; and I submit to you it is impossible to say that there is

anything to justify a suspicion of poison in it. With regard to the

money he gave to Fisher, I can suggest no other reason than that, just

before being sick, he gave his money to Fisher, feeling that it was

coming upon him, and that his stomach was revolting at the liberties he

had taken with it. He had the good sense to place his money, when he was

still very sick, in the hands of Fisher, and he afterwards went to bed.

It may have been that he had been guilty of excess in eating and

drinking, and it was necessary to send for the doctor, who, when he

came, wished to send him an emetic. The young man knew so well what to

do that he said, “Oh! I can make myself sick without an emetic; I will

put my tooth-brush down my throat; I can be sick without your emetic.”

He took a pill when it was recommended to him and a black draught, and

the moment he laid his head on his pillow he was perfectly free from any

alarm, and he got up the next morning perfectly well. Gentlemen, that is

really too ludicrous to be worthy of a moment’s consideration. Now, let

us go to certain other matters, and more particularly to the conduct of

the prisoner himself. I would just mention that there was a person there

of the name of Myatt in the room at the time they say the brandy and

water was drugged. Why was he not called? The others came in just before

going to bed, but Myatt had been there the whole evening, and was not a

mere accidental visitor in the room. You will hear his version so far as

it is necessary. They have now got back to Rugeley, and then the history

of the slow poisoning continues. Cook and Palmer go back together, and

probably they talk all the way about Pratt and their difficulties, and

the way of getting out of them, and of the small way that the winnings

of Shrewsbury will go to effect the object. They both see ruin staring

them in the face unless the Prince of Wales office can be forced to pay

the money due upon the policy of insurance, and they can remain free

from all suspicion of insolvency or misconduct in the meantime. When

they get to Rugeley, by sending up the £200 to Pratt, they provide for

the temporary difficulty. They are on friendly terms, Palmer making use

of Cook’s things, and probably both attaining their own objects, as it

would appear that Palmer said directly Cook died that he had some

interest in bills which were outstanding; and that might well have been,

considering they were engaged in racing transactions; that they were

joint owners of one horse; that they had the same trainer, betted for

each other at races, and that they were confederates and friends on the

turf, in that sort of relation to each other which gave them a joint

interest in the same ventures. Cook sat at the table of Palmer on the

16th, and wrote up that night to Pratt. Cook goes to bed late on that

evening, well enough, not so drunk as to prevent his asking the

chambermaid to give him a longer candle, in order that he might read in

bed. He seems to have had a little champagne, not so much as to have

made him drunk, yet perhaps too much for a stomach weakened by the

excess, if it was excess, at Shrewsbury, or by the vomiting which was

occasioned by the illness there, and the hot water which he had taken.

He gets up the next morning poorly; he eats nothing that day; ails

enough for Mr. Bamford to be called in by Palmer, and Palmer is

unremitting in his attention to him on that day and the Sunday

following.

[Sidenote: Serjeant Shee]

Now, it is said that that very attentiveness is evidence of the

prisoner’s guilt. What, as my friend here (Mr. Grove) says, what is a

man to do? Here is a young fellow’s health in very considerable danger.

Cook, having a joint interest in racing transactions with Palmer, thinks

it convenient to stop at Rugeley, where he has no friend but Palmer.

They are not flush of money, and Palmer has a house and an establishment

on a moderate scale immediately opposite the inn in which Cook is

staying. He is enabled to send such things over as can be got in a

private house, not at hotel prices, but at a very trifling expense. He

was on a visit to Palmer, and he knew nobody there but Palmer. He was

ailing; and as it is very dull for a man who has no intellectual

pursuits to be alone all day when out of health, Palmer goes over and

talks to him, and attends to him, and gets him what comforts he can.

That is what a man would do to a friend; it is precisely what a man

would do. If he had not done it, but merely attended to him at night

when he was taken ill on the Monday night, without visiting him during

the day, it might have been said that he was neglecting him, and only

attended to him when he wanted to give him another dose of poison. That

is the way the Crown would have put it then! He is laboriously attentive

to him under circumstances which can well be accounted for by the reason

that he had actually, if not a sincere friendship for him, at least a

friendly kind of liking for him, and an interest with him on betting and

racing transactions, and could supply him with several things from his

house at little or no expense. If Cook had been well he would probably

have had his meals at Palmer’s house. He was ill, and Palmer sends Dr.

Bamford to him. He saw him at eight o’clock on Sunday morning, and again

at six or seven o’clock. Cook told him his bowels had been moved twice

or thrice. That is what he told to Dr. Bamford; it may have been known

to Palmer that it was oftener, and that the truth was he was slightly

suffering under some symptoms of diarrhœa, as he afterwards stated in

the letter to Jones. It was Cook himself who told Dr. Bamford about his

bowels having been moved; and on the same day Palmer wrote a letter to

Jones, intending to bring Jones there, he being about to go to London,

and stated “Cook had been suffering from diarrhœa.” It was at

Shrewsbury, where everybody else had diarrhœa. He took the pill and

black draught, and their effects continued, probably to some extent when

he was at Rugeley. It is absurd to pretend that the suggestion of

diarrhœa could have any sinister object, as Jones must have

ascertained the truth as soon as he arrived at Rugeley.

[Sidenote: Serjeant Shee]

Trial of William Palmer · 第 16 / 36 段