I now beg to call your attention to the next important fact in this

case. It seems to me to be, though I touch upon it briefly here, one of

the very last importance, and one which ought to decide it in the

prisoner’s favour. The supposition of the Crown is, that Palmer

intended to dose Cook with antimony, to keep his stomach in a perpetual

state of vomiting, in order the more easily to despatch him by

strychnia; that he began the plot on the Wednesday at Shrewsbury and

continued it at Rugeley, and that during the Sunday Cook was under the

influence of that treatment--Sunday was the day Palmer attempted, as was

said, to force the broth upon him. Now, being bent, as it is supposed,

upon destroying Cook, there is one man in the world who would be the

very last witness he would select as a witness of his proceedings. He

was a medical man, in the prime of life, intimately acquainted with

Cook, living in the same house with him, much attached to him, at all

events sufficiently attached to him to come to him as soon as he had

heard that he had had an attack of diarrhœa--Mr. Jones, of

Lutterworth. Palmer, intending to go to London, and not wishing to leave

Cook alone, wrote on the Sunday to Mr. Jones, telling him that Cook was

then ill with diarrhœa, a statement which is not altogether

inconsistent with the evidence of Dr. Bamford and what Cook stated, and

begs of him to come over. I beg of you to pause here for a moment in

order to appreciate the full importance of this fact; the more you think

of it the more profound will be your conviction that it affords evidence

irrefragable of Palmer’s innocence. The imputation upon Palmer is that

he intended to kill Cook to possess himself of his winnings. Who was

with Cook when the race was won? Who was by his side on Shrewsbury

racecourse for the three minutes that he was speechless? Who saw him

take out his betting-book and count his winnings? Who but Jones--Jones

who was his bosom friend, his companion, his confidant, and who knew to

the last farthing the amount of his gains? Jones was, of all men living,

the most likely to be the recipient of Cook’s confidence, and the man

bound by every consideration of honour, friendship, and affection to

protect him, to vindicate his cause, and to avenge his death. Yet this

was the man for whom Palmer sent, that he might converse with Cook,

receive his confidence, minister to him in his illness, and even sleep

in the same room with him! How, if Palmer is the murderer they represent

him, are you to account for his summoning Jones to the bedside of the

sick man? If Cook really suspected--as we are assured he did--that

Palmer was poisoning him, Jones was the man to whom he would most

willingly have unbosomed himself, and in whose faithful ear he would

have most eagerly disburthened the perilous stuff that weighed upon his

own brain. Jones, as well as Palmer, was a medical man, and it is not

improbable that, in the course of his studies, the former may have noted

in his class-book the very passages respecting the operation of

strychnia which had attracted the attention of the latter. Is it

conceivable that, if Palmer meant to slay Cook with poison in the dead

of the night, he would have previously ensured the presence in his

victim’s chamber of a medical witness, who would know from his frightful

symptoms that the man was not dying a natural death? He brings a medical

man into the room, and makes him lie within a few inches of the sick

man’s bed, that he may be startled by his terrific shrieks, and gaze

upon those agonising convulsions which indicate the fatal potency of

poison! Can you believe it? He might have despatched him by means that

would have defied detection, for Cook was taking morphia medicinally,

and a grain or two more would have silently thrown him into an eternal

sleep; but instead of doing so, he sends to Lutterworth for Jones. You

have been told that this was done to cover appearances. Done to cover

appearances! No, no, no! You cannot believe it--it is not in human

nature--it cannot be true--you cannot find him guilty--you dare not find

him guilty on the supposition of its truth--the country will not stand

by you if you believe it to be true--you will be impeached before the

whole world if you say that it is true--I believe in my conscience that

it is false, because, consistently with the laws that govern human

nature, it cannot possibly be true.

[Sidenote: Serjeant Shee]

Gentlemen, there are other facts to be adverted to before I sit down to

which it is necessary your attention should be drawn. There was a great

stir at the hotel at Rugeley after Mr. Jones had returned from London

with Mr. Stevens, the executor. Mr. Stevens arrives at the inn with Mr.

Jones, has been in conversation all the way down with Mr. Jones, and has

heard from Mr. Jones all that Mr. Jones knows, and does not appear to

have had anything communicated to him by Mr. Jones which could justify

any suspicion on his part. Mr. Jones, when they arrive at Rugeley,

introduces him to Palmer, and Palmer at once takes him up to the room of

the dead man, and uncovers the body down to the thighs, and Mr. Stevens

looks at the corpse and sees there are no convulsions about the body

except the clenching of the hands. He sees there is no emaciation, no

signs as he thinks of illness, and, wondering within himself, says, “How

can you have died?” or something to that effect; “How grievous a thing

it is that your young life should have passed away!” I think he said he

did not look as if he were dead. After seeing the corpse they went down

to dinner, and he asked Palmer to dine with him, and Jones, and Mr.

Bradford, the husband of Mr. Cook’s sister. He has not been called; he

could have told us if there was anything suspicious in the conduct of

Palmer, anything that could justify such conduct on the part of Mr.

Stevens. They have their dinner, and when their dinner is over, see what

takes place. It is important you should know it, because I think you

will see from the way it occurred that the conduct of Palmer was the

conduct of a man certainly apprehensive of any sort of vexatious inquiry

which might involve him in pecuniary troubles, and was therefore anxious

to conciliate Mr. Stevens, still comporting himself like one who could

firmly and freely maintain his equality with Mr. Stevens unabashed, with

a clear brow and the appearance of an innocent man. (The learned

serjeant read a portion of the dialogue which took place between Mr.

Stevens and Palmer.) He said, “with a spasmodic convulsion of the

throat,” which was perfectly apparent; he could not see his face, but

there was a spasmodic convulsion of his throat. Who could believe such a

testimony of guilt as that? He expects that Palmer is to be bound to

look after everything of every kind that was in the hotel belonging to

Cook, and because he could not find a trumpery book, which anybody might

have taken away, thinking and probably having heard it was of very

little use, which could not be of the slightest service in any way to

Palmer for any purpose whatever, or to anybody, simply on that account,

he is to indulge in this vexatious proceeding. The last time the book

was seen was on the Monday. The last person who saw it was Elizabeth

Mills, on the Monday, and on that day there were several people there

with Cook--Saunders the trainer, and the jockeys; after his death the

two servant-maids and the housekeeper, the three undertaker’s men, the

two women who laid Cook out, and some other persons; the barber who

shaved him might have taken the book, and having taken it could not

return it; for here again is the effect of dishonesty as well as

falsehood. Once done, you cannot repair it; without admitting it you

cannot set it right again. I throw imputation on nobody; I simply say,

that as many people had access to the room, it is not fair, it is not

right under the circumstances when a man is charged in such a case of

momentous importance without any assignable reason for his purloining

the betting book, to fix it on him without any proof that he ever had it

in his hands, when nothing like a proper search was made for it until

some time after Cook’s death. I asked whether the drawers were not full

of linen and clothes, the answer was that they were. It was not seen

immediately after the death, nor was there any search made for it, nor

was it set aside and taken care of in the room, so that it could not

have been removed by Palmer with a guilty intention of purloining it.

Let us go on for a moment with this dialogue--(the learned serjeant then

read a passage from the dialogue as detailed in the evidence)--and at

last, after goading and irritating the man for all this time, though

Palmer was willing to make explanations and provoke inquiries into

anything or circumstance which if inquired into would at once have led

to a discussion of matters in a fair and gentleman-like manner, Stevens

snubs him by asking him whether he intends to be at the post-mortem; and

at last, when he says, “It is a matter of indifference to me,” goads the

poor man into saying, “So it is to me.” That is the only word of

irritation that Palmer--who kept his ground during the whole time and

stood up to this man--that is the only word of irritation that he used.

Mr. Stevens speaks to him in a very warm manner, yet Palmer manifests

the composure of a gentleman, of a man of feeling and consideration to

the father--as he called himself--but the stepfather of the young man,

and that is to be turned into evidence of guilt.

There is another story made against him, that he was found searching in

the pockets of Mr. Cook shortly after his death--it is the most absurd

suggestion on their own showing. The facts were these. Mr. Jones, I

think, told the servants to tell Palmer to come into the room. I think

that was it--to tell Palmer to go into the room; and then I think Mr.

Jones told another servant to follow him into the room. Elizabeth Mills

is the witness to that. She says, “I went in, and I saw him looking

about seeing if there was anything in one of the coats, and he also

looked under the bolster of the bed, just as a gentleman might be

looking for a watch; and he went on doing so after I got into the room.”

It was quite clear she suspected nothing, and I submit it is not fair

that any suspicion should attach to him on the subject.

[Sidenote: Serjeant Shee]

One other circumstance there is on which reliance has been placed; and

although it has been said great reliance is not intended to be placed

upon it, I cannot tell what effect it will produce on your minds. I am

sure that when those who have promoted this prosecution first undertook

it they intended to rely, as proof of damning guilt, on the manuscript

extracts about strychnia in these medical books. I think it will be

within your experience that in youth and early manhood the best

protection that a man can have for his honour and integrity is the

company and society of a wife whom he loves. If you find a man in early

youth attached to a virtuous young woman, whom he loves with a sincere

and heartfelt attachment, depend upon it he is of a gentle nature, and

little prone to deeds of violence. They have put in these books to show

that Palmer had a knowledge of strychnia poison, and they are the books

which he used when a student attending lectures in London, as must have

been known to his deceased wife. I find, in what I am in a condition to

prove to be her own handwriting, proof positive that this was his

student’s book, and that he then and long after loved that young woman

in the way in which it is God’s will, under the sanction of His holy

ordinance, young men should love their wives. His marriage was a

marriage of affection; he loved her for herself and for her person; he

loved her as ardently as he now loves her first-born, his only surviving

child, a boy of seven years old, who waits with trembling anxiety for a

sentence which will restore him to his father’s arms, or drive that

father to an ignominious death upon the scaffold. He loved her with a

pure, generous affection. There is proof positive in this letter, copied

in her handwriting into his notebook, that such a man was William Palmer

when only a few years younger than he is now--

“My dearest Annie,--I snatch a moment to write to your dear, dear little

self. I need scarcely say the principal inducement I have to work is the

desire of getting my studies finished, so as to be able to press your

dear little form in my arms. With best, best love, believe me, dearest

Annie, your own William.”

Now, this is not the sort of letter that is generally read in Courts of

justice. It was no part of my instructions to read it to you, but that

book was put in to prove that this man was a wicked, heartless, savage

desperado, and I show you from it what he was when that letter was

written--what his deceased wife knew him to be when she copied it--a

young man who loved a young woman for her own sake--loved her with a

pure and virtuous affection, such an affection as would in almost all

natures be a sure antidote against guilt.

Such, gentlemen, is the man whom it is my duty to defend. Upon the

evidence which is before you I cannot believe him guilty. Do not suppose

for a moment that he is abandoned in this dreadful strait by his family

and friends. An aged mother, who may have disapproved of some parts of

his conduct, expects in an agony of grief your verdict. A dear sister

can scarcely sustain herself under the suspense which presses upon her.

A gallant and devoted brother stands by him to defend him, sparing

neither time nor labour to save him from an awful doom. I call upon you

to expand your minds to a capacity for estimating the high duty that you

have to perform. You have to stem the torrent of prejudice; you have to

vindicate the honour and character of your country; you have with

firmness and courage to do your duty, and find a verdict for the Crown,

if you believe that guilt is proved; but if you have a doubt upon the

point, depend upon it the time will come when the innocence of this man

will be made apparent, and when you will deeply regret any want of due

and calm consideration of the case which it will be my duty to lay

before you.

The Court then adjourned.

[Illustration: Note written by Palmer to his Counsel while in the dock

at the Old Bailey]

Eighth Day, 22nd May, 1856.

The Court met at ten o’clock.

Evidence for the Defence.

[Sidenote: T. Nunneley]

Mr. THOMAS NUNNELEY, examined by Mr. GROVE--I am a Fellow of the College

of Surgeons, Professor of Surgery at the Leeds School of Medicine, and a

member of several foreign and English scientific societies. I have been

in practice between twenty and thirty years. I have seen cases of both

traumatic and idiopathic tetanus. One of the four cases of idiopathic

tetanus I have seen did not commence with the symptoms of lockjaw, nor

did lockjaw occur sufficiently to prevent swallowing during the whole

period of illness. I have been present during the evidence given here as

to the symptoms of Mr. Cook. I had previously read the portions of the

depositions as to the scientific and medical part of the case. Judging

from the symptoms as described, and confining myself to the evidence as

to the scientific part of the case, my opinion is that Mr. Cook died

from some convulsive disease. I found that upon the difference of the

symptoms described in the deposition and on the evidence before the

Court.

LORD CAMPBELL--This is not satisfactory; we cannot ask witnesses what

faith they give to the evidence of the witnesses as contrasted with the

depositions. This witness’s opinion ought to be founded on the _viva

voce_ evidence of the witnesses given during the trial.

Examination resumed--The previous state of health of Mr. Cook had some

effect on my judgment.

State your own grounds in your own way for that opinion?--If I take the

evidence which has occurred in Court--

By LORD CAMPBELL--The evidence of the symptoms of John Parsons Cook as

stated by the witnesses?--Not merely the symptoms, but the general state

of health.

But we have nothing to do with that. The witness should give his opinion

on the symptoms described, and then state what influences the other

facts may have had on his mind.

By Mr. SERJEANT SHEE--Do you remember the accounts that were given of

what was said or supposed to be syphilitic sores?

The ATTORNEY-GENERAL--But there was no such thing said.

Mr. BARON ALDERSON--Supposing a person had syphilitic sores, what would

you say then? That is the proper way of putting it.

LORD CAMPBELL--We must take it that medical men are not to be

substituted for the jury.

[Sidenote: T. Nunneley]

Mr. JUSTICE CRESWELL--If I were to suggest a mode of meeting the thing

it would be this--let the gentleman describe what he assumes to be the

state of the deceased’s health at the time, then the Attorney-General

may say he is not justified in assuming.

Examination resumed--Will you do that having heard the evidence?--I

assume him to have been a man of very delicate constitution; that for a

long period he felt himself to be ill, for which he had been under

medical treatment; that he had suffered from syphilis; had disease of

the lungs; had an old-standing disease of the throat; led an irregular

life; was subject to mental excitement and depression; that after death

traces were found in his body which show this to have been the case;

there was found an unusual appearance within the stomach; the throat was

in an unnatural condition; the back of the tongue showed similar

indications; the lungs were in an emphysematous condition, that is, the

air cells dilated; in the lining of the aorta or large artery of the

body there was an unnatural deposit; and there was a very unusual

appearance in the membranes of the spinal marrow. These are the

indications which are unnatural in the post-mortem examination. I should

also state it is described by one of the witnesses that there was a loss

of substance of the penis. The symptoms on the root of the tongue and

the throat I ascribe to syphilitic inflammation of the throat. From

these symptoms I have described I should infer that his health had not

been good for long, and that his constitution was delicate. It was also

stated that his father and mother had died young, and that the brother

and sister were both delicate. That being the state of health of Mr.

Cook, he would be liable to nervous irritation. Excitement or depression

might bring it on. Exposure to wet and cold would have a greater effect

than on a healthy person. It is a condition of the constitution when a

convulsive disease is more likely to supervene.

What would you infer from the fact, supposing it to have occurred, that

three days before death he suddenly woke up in the middle of the night

in a state described as madness, for two or three minutes? I understand

that he had three attacks on succeeding nights, each occurring about the

same hour. Would you draw any inference from that circumstance?--Yes,

that they were of a convulsive character, in the absence of other causes

to account for it. Convulsive effects are extremely variable in their

forms and degrees of violence. It is not possible to give a definite

name to every convulsive attack. There are some forms of violent

convulsions, such as hysteria, in which the patient retains his

consciousness. It is stated that there are forms of convulsions,

epileptic in their character, in which the patient retains his

consciousness.

By LORD CAMPBELL--Have you met with any?--No, not during a fit.

[Sidenote: T. Nunneley]

But it is during a state of fit we are inquiring?--I have not.

Examination resumed--I know by my reading as a medical man that that

does occur sometimes. The degree of consciousness in epilepsy varies

very much; in some attacks the consciousness is altogether lost.

Convulsive attacks are sometimes accompanied by violent spasms and with

rigidity of portions of the body. Convulsions arising from a convulsive

disease, either from infancy or from other causes, but not exactly

tetanus, sometimes assume something of the complexion of tetanic

affection. Such convulsions might arise from any cause--worms in

children, affections of the brain in adults, hysteria, administration of

chloroform to some persons. Indigestible food will sometimes produce

convulsions in adults. I agree with Dr. Copland, whose book was referred

to yesterday, that these convulsions sometimes end immediately in death.

Asphyxia is frequently the cause of death when a man dies in one of

these convulsions. I have seen convulsions of the character I have

described recurring at various intervals, sometimes in hours, in other

cases days. The time also varies very much when a patient, suffering

from a violent paroxysm of such convulsions, becomes easier; it may be

hours or minutes. When death takes place in the paroxysm of such

convulsions it sometimes happens in post-mortem examinations that there

is no trace of organic disease in the body.

Have you known at all or frequently in persons, not further advanced in

years than the age of twenty-eight, granules between the dura mater and

the arachnoid?--They are not common to any age that I am aware of.

Do you know whether granules have been part of the symptoms of

tetaniform convulsions?--I have seen three preparations in St. Thomas’s

Hospital museum where granules are found in the membranes of the spinal

cord, in which patients are said to have died of tetanus. In order to

ascertain with satisfaction the nature and probable extent of the injury

of such granules the spinal cord should be examined immediately after

death. Not the most remote medical judgment could be formed if the

examination was made two or three months after death. If an examination

of the spinal cord is made so long after death, if there had been a

large tumour or some similar change, it might have been discovered; but

neither softening nor induration of the minute structure of the cord

could be detected. The minute nervous structures change within two hours

after death.

[Sidenote: T. Nunneley]

I have in the course of my experience had cases of traumatic tetanus. It

generally begins by an attack of the jaw. I have had under my personal

observation four cases of idiopathic tetanus. One of them was my own

child. In three cases the symptoms commenced with lockjaw. In the

fourth case the symptoms commenced in the body; the power of swallowing

easily was retained to the last. Within the last twelve months I have

made a post-mortem examination of two women who have died from the

poison of strychnia. In both cases it was by chemical analysis that I

ascertained the deaths had been caused by strychnia. In one case the

post-mortem took place forty-two hours after death, in the other case

thirty hours.

(The witness produced his report to the coroner on these two cases.)

I have not seen a fatal case, but several of taking too large a dose.

One, a middle-aged man, took one-sixth of a grain of strychnia, given in

solution. In a very few minutes the symptoms manifested themselves by

the want of power of controlling the muscles, by twitching and rigidity,

with some cramp, more violent in the legs than any part of the body. He

was up and walking about. It was not a severe case. In six hours the

spasms entirely disappeared. They were intermittent in character, every

two or three seconds at first. The other case was similar with

one-twelfth of a grain.

Trial of William Palmer · 第 17 / 36 段