But it does not stop there. On the morrow of that day we have the

clearest and most unquestioned evidence that Mr. Palmer bought more

strychnia. He went to Mr. Hawkins’ shop, and there purchased six grains

more, and the circumstances attending that purchase are peculiar in the

extreme. He comes to the shop, and he gives an order for prussic acid,

and, having got his prussic acid, he gives an order for strychnia.

Before the strychnia is put up, Newton, the same man, comes into the

shop. What does the prisoner do? He immediately takes Newton by the arm,

and says he has something particular to say to him, and takes him to the

door. What was it he had to say to him? Was it anything particular? Was

it anything of the slightest importance? Was it anything that might not

have been said in the presence of Roberts, who was putting up the

strychnia? Certainly not. It was to ask a most unimportant question,

namely, when young Mr. Salt was going to the farm which he had taken at

Sudbury. In that question there could be nothing which might not be put

in the presence of anybody, no matter who. He takes him to the door, and

then puts this question. At the same time a man of the name of

Brassington, a cooper, comes up, and Brassington had something to say to

Newton upon business, having some bills against Newton’s employer, Mr.

Salt. Upon that Brassington and Newton get into conversation at some

little distance from the door. The prisoner immediately takes advantage

of those two being in conversation, and he goes back and completes the

purchase of the strychnia. But while the strychnia was being made up he

stands in the doorway with his back to the shop, and his face to the

street, where he would have a perfect command of the persons of Newton

and Brassington, and where, if Newton had quitted Brassington to return

into the shop, the prisoner would at once have been in a position to

take every possible step for not letting Newton go in, by renewing the

conversation with him until the strychnia had been taken away. I ask

you, having this description of the transaction given to you by Roberts,

in the first place, confirmed by Newton afterwards, can you entertain

any reasonable doubt that the prisoner was desirous of not letting

Newton know that he was purchasing strychnia there? You can very well

understand that he would be desirous of keeping that fact from Newton,

because, if it be true that Newton had let him have three grains the

night before, Newton’s attention would be naturally immediately aroused

by so strange a circumstance, because nine grains of strychnia were

enough--three grains were enough--to kill three, perhaps six people.

What could a man want with nine grains of strychnia in so short a space

of time? It would attract Newton’s attention, and it did; for Newton

immediately went and asked what he wanted there, his attention being, in

the first place, directed, not so much to what he had come to purchase

as to the singularity of his coming there at all, because for two years

past the prisoner never bought an article of any sort or kind at the

shop of Mr. Hawkins. His former assistant, Mr. Thirlby, had two years

before set up in business as a chemist, and from that time, naturally

enough, Mr. Palmer had withdrawn his custom from Mr. Hawkins, and had

given it to his former assistant, Mr. Thirlby. It was a remarkable thing

that he should go to Mr. Hawkins’ shop upon this occasion to get

strychnia. Why did he not go to Mr. Thirlby? I will tell you. Mr.

Thirlby would have known perfectly well that he could have no legitimate

use for such an article. Mr. Thirlby had taken his practice. Mr. Palmer

was no longer in practice, except in the circle of his relatives and his

own immediate friends; and if he had gone to Mr. Thirlby for strychnia,

Mr. Thirlby would have said, naturally enough, “What are you going to do

with it?” and therefore he did not go to Mr. Thirlby. Why he should have

gone to purchase strychnia (I agree with my learned friend it is one of

the mysteries of this case) on two successive days I cannot tell; but

that he did is undeniably true; and if on the one hand some little

difficulty arises, on the other hand is not the difficulty infinitely

greater in accounting for the motive that induced him to go and get this

strychnia either on the Monday night or upon the Tuesday? If it was for

the purpose of professional use for the benefit of some patient for whom

small doses of strychnia might have been advantageous, where is the

patient, and why is he not produced? My learned friend did not even

advert to the question of the second purchase of strychnia in the whole

of his powerful observations. He passes it over in mysterious but

significant silence. Account for that six grains of strychnia, the

purchase of which is an undoubted and indisputable fact. Throw doubt if

you please--I blame you not for it--upon the story of the purchase on

the previous night; but on the Tuesday it is unquestionably true that

six grains of strychnia were purchased. Purchased for whom? purchased

for what? If for any patient, who is that patient? Produce him. If for

any other purpose, at least let us have it explained. Has there been the

slightest shadow of an attempt at explanation? Alas! I grieve to say,

none at all. Something was said, in the outset of this case, about some

dogs that had been troublesome in the paddocks where the mares and foals

were, but that proved to have been in September. If there had been any

recurrence of such a thing, where are the grooms who had the care and

charge of those mares and foals, and why are they not here to state the

fact? If this poison was used for the purpose of destroying dogs, some

one must have assisted Mr. Palmer in the attempts which he resorted to

for that purpose. Where are those persons? Why are they not called? But,

not only are they not called, they are not even named. My learned friend

does not venture to breathe even a suggestion of anything of the kind. I

ask, gentlemen, what conclusion can we draw from these things, except

one, and one alone? Death, with all the symptoms of strychnia--death in

all the convulsive agonies and throes which that fatal poison produces

in the frame of man--death with all the appearances which follow upon

death, and mark how that death has come to pass--all these things, in

the minds of those who can discuss and consider them with calm,

dispassionate attention, who do not mix themselves up as advocates,

partisans, or witnesses, leading to but one conclusion; and then the

fact of the strychnia being purchased by the prisoner on the morning of

the fatal day, if not obtained by him, as was sworn to, on the night

before, is left wholly uncovered and wholly unmet, without the shadow of

a defence. Alas! gentlemen, is it possible that we can come to any other

than one painful and dread conclusion? I protest I can suggest to you

none.

It is said by my learned friend, “Is it likely that Mr. Palmer should

have purchased strychnia at Rugeley when he might have got it in

London?” I admit the fact. I feel the force of the observation. If he

could have shown that he had done anything with this strychnia--if he

could have shown any legitimate purpose to which it was intended to be

applied, and to which it was afterwards applied--then I should say that

it would be an argument worthy of your gravest and most attentive

consideration. But just see on the one hand how the fact may stand. He

was in town on the Monday, and he had the opportunity, as my learned

friend suggests, of purchasing strychnia there. But on the other hand he

had much to do; he had his train to catch by a certain time; he had in

the meanwhile his pecuniary embarrassments to solve if he could. Time

may have flown too fast for him to be able to go and obtain this

strychnia; and even if he had had time, I do not believe it is sold in

chemists’ shops in London without the name of the party purchasing it as

a voucher. If he had given his name, of course, it would have been still

worse if he had bought strychnia in London than if he had bought it in

Rugeley. I do not say that it is not worthy of your consideration, that

it is not a difficulty in the case; but I say there is plain, distinct,

positive proof of the purchase of strychnia, and under circumstances

which cannot fail to lead to the conclusion that he shrank from the

observation of Newton at the time he was buying it; and there is a total

absence of all proof, nay, of all suggestion, of any legitimate purpose

to which that fatal poison was to be, or was in point of fact,

afterwards actually applied.

[Sidenote: Attorney-General]

Then, gentlemen, it is said that there are two other circumstances in

the case which make strongly in favour of the prisoner, and negative the

presumption of a guilty intention, and those are, the fact that he

called in two medical men. Here, again, I admit that this is a matter to

which all due consideration ought to be given. He called in Dr. Bamford

on the Saturday, and he wrote to Mr. Jones on the Sunday, and desired

his presence to attend his sick friend. It is perfectly true that he

did. It is perfectly true, as medical men, they would be likely to know

the symptoms of poisoning by strychnia, and they would be likely to

suspect that death had ensued from it; and yet even here it strikes me

that there is a singular inconsistency in the defence. See the strange

contradiction in which the witnesses called for the defence involve my

learned friend who puts them forward, if all those symptoms were not the

symptoms of strychnia. If they are referable to all the multiform

variety of disease to which those witnesses have spoken, why, then,

should Mr. Palmer have the credit of having selected medical men who

would be likely to know from those symptoms that they were symptoms of

strychnia? I pass that by; it is not a matter of very much importance.

It is true that he did have those two medical men. He called in old Dr.

Bamford. I speak of that gentleman in terms of perfect respect; but I

think I do him no injustice if I say that the vigour of his intellect

and his power of observation have been impaired, as all human powers are

liable to be impaired, by the advancing hand of time. I do not think he

was a person likely to make very shrewd observations upon any symptoms

exhibited to him, either immediately after death or upon the subsequent

examination of the body; and the best proof of that is to be found in

that which he has actually done and written with reference to this case.

As regards Mr. Jones the same observation does not apply. He was a young

man in the full possession of his intellect and the professional

knowledge which he had acquired. Nevertheless, about him the

observations I am about to address to you I think are not unworthy of

notice. The prisoner at the bar selected his men well, for what has come

to pass shows how wisely he judged of what was likely to take place.

This death occurred in the presence of Mr. Jones, with all those fearful

symptoms which you have heard described; yet Mr. Jones suspected

nothing; and if Mr. Stevens had not exhibited that sagacity and firmness

which he did manifest in the after parts of this transaction, and if Mr.

Palmer had succeeded in getting that body hastily introduced into the

strong oak coffin that he had had made for it, the body would have been

consigned to the grave, and nobody would have been aught the wiser. The

presence of Mr. Jones, and the presence of Dr. Bamford, would not have

led to detection, would not have frustrated the designs with which I

shall presently contend before you this death was brought about.

[Sidenote: Attorney-General]

On the other hand, gentlemen, the matter is perhaps capable of this

aspect, it may have been that a man whose cunning was equal to his

boldness may have thought it the best course to adopt to avoid

suspicion--to prevent its possibility--was to take care that medical men

should be called in and should be present at the time of death; nor is

there anything to show that the prisoner had the most distant notion

that Mr. Jones intended to sleep in this room that night; and if he had

not the man would have been found dead in the morning; he would have

gone through his mortal struggle and intense and fearful agony; he would

have died there alone and unbefriended; he would have been found dead

the next morning; the old man would have said it was apoplexy, and the

young man would have put it down to epilepsy. If any one had whispered a

suspicion, the same argument would have been used which has been used

now with so much power and force by my learned friend. Can you imagine

that the man would have called in medical men to be the witnesses of a

death which he himself was bringing about? But, gentlemen, as I have

already said, if you believe the evidence of Newton, and if you believe

that that same night pills were administered to Cook by Palmer--and

that, I believe, will be your opinion and conclusion, notwithstanding

that wretched witness to-day said he heard Cook say to Palmer that he

had taken the pills already, because he, Palmer, was late, whereas the

woman witness, Mills, told you that the next morning Cook reminded her

that his agony was such as she never could have witnessed in any human

being, and he told her he ascribed it to the pills which Palmer had

given him at half-past ten--if you believe that statement, and that the

pills were given him by Palmer at half-past ten, and you find that

Palmer a few short minutes, perhaps, before went to Newton, and got the

poison from Newton, and you find upon that night the first paroxysms,

though not so violent and not fatal, yet similar and analogous in

character to those which preceded the death, can you doubt on the first

night the poison was administered to him? though with what purpose I

know not; I can only speculate--whether it was to bring about by some

minute dose convulsions which should not have the complete character of

tetanus, but would bear a resemblance to natural convulsions which

should justify his saying afterwards that the man had had a fit, and so

prepare those who should hear of it on the next night, when the death

was to ensue, for the belief that it was merely a succession of the same

description of fit that he had had before. That is one solution. The

other may be that he attempted on that Monday night to carry out his

fell purpose to its full extent, but that the poison proved

inefficacious. We hear that an adulterated form, or, at all events, an

inferior form, called bruchsia, is occasionally sold, and it may have

been that it failed in its effect. It is only one-tenth of the strength.

We know that he purchased poison on Tuesday, and that on that night Cook

died with all the symptoms of poison; and why he purchased that poison

is not in any way accounted for. The symptoms were the same on the

Tuesday night in character, though greater in degree, than they were on

the Monday; and there is found a witness who comes forward and says,

with no earthly motive to tell so foul a falsehood, “I found the

character of the convulsions the two succeeding nights the same.” I

cannot resist the conclusion to which my reasoning impels me that poison

was administered upon both nights, though it failed upon the first. I

can only speculate as to what was the cause of failure. There are the

facts, and you must deal with them.

[Sidenote: Attorney-General]

Alas! gentlemen, it does not stop there; there is another part of this

case which, though it may not have been the means of death, is of the

highest value in estimating the credit that is to be given to the point

which we advance of this death having been produced by strychnia--I

allude to the antimony. We have had medical men and analytical chemists

who have told us a great deal about strychnia, but not one has said a

word about antimony. On the Wednesday night, at Shrewsbury, when Cook

drinks his glass of brandy and water he fancies there is something in it

that burns his throat; he exclaims at the time, and he is seized

immediately with vomiting, which lasts for several hours. On that same

night Mrs. Brookes sees the prisoner shaking something in a glass,

evidently dissolving something in fluid. A man has been called here

to-day, the boon companion, the chosen associate, the racing confederate

of the prisoner, to come and tell you that all that story is

untrue--that the woman never came down stairs--that Palmer never carried

out the brandy and water--that there is not a word of truth in it--and

the fact is that Palmer and Cook only came in at twelve o’clock, when

Myatt, forsooth, had been waiting for two hours. Mrs. Brookes’ story is,

according to him, an entire invention from beginning to end; he swears

that he must have seen if anything had been mixed with the brandy and

water, and nothing was mixed with it. I think you will be more disposed

to believe Mrs. Brookes than to believe any of those persons who were

the associates of the prisoner, and who had been partners in his

transactions. It is a remarkable fact that Cook drinks that brandy

and water and a few minutes after is taken ill. There were other

persons taken ill at Shrewsbury; it may be within the verge of

possibility--although ten minutes after he had drunk the brandy and

water he was taken with vomiting--that it was the same form of complaint

to which other persons were subject in Shrewsbury; I do not want to

press it one jot further than it ought to go, but it is a remarkable

circumstance that the man is seen with a glass and with a fluid which he

is mixing up and holding to the light, and shortly afterwards his friend

who is drinking with him or drinking at the same table at which he is

drinking, who, if Myatt be telling the truth, was somewhat in liquor,

and ought not to have been pressed to take brandy and water--Palmer

says that he will not take anything until Cook has exhausted his

portion--and then immediately afterwards the man is taken ill. These are

circumstances not altogether incapable of producing certain impressions

upon one which it is difficult to shake off.

[Sidenote: Attorney-General]

Nevertheless, I pass on from that, and go to Rugeley. From the Saturday

morning until the Monday morning I find this poor man suffering under

the influence of constant vomiting; that was not the Shrewsbury

disease--he had got rid of it; he was well on Thursday and he was well

on Friday. On Saturday morning, after dining at Mr. Palmer’s, he is

taken ill; and then we have the fact of Mr. Palmer administering his

food, administering his remedies, sending over toast and water, sending

over broth; and, no sooner has this poor man taken those things than he

is seized with incessant vomitings of the most painful description. What

about the broth? The broth is said to-day by Smith to have been sent

from the Albion. Yes; and where does it find its way to? It is taken,

not to the Talbot Arms, but to the prisoner’s kitchen. After that,

instead of leaving it, as one would suppose he would leave it, to the

woman to take to the Talbot Arms, he takes it himself from the fire,

puts it into the cup, gives it to her, it is taken over, and the man

vomits immediately after he has drunk it. On the Sunday the same thing

is done again; the broth is brought from the same quarter, and attended

with the same results. Of that broth the woman takes a couple of

spoonfuls, and she is sick for several hours. She vomits twenty times,

and is unable to leave her bed for some hours. My learned friend said

she did not state that before the coroner. Nevertheless, it is sworn to

by the other servant that the woman was ill. I can quite understand why

the woman did not state it before the coroner. It shows the honesty of

the woman’s character. It did not occur to her to connect the sickness

from which she suffered with the taking of the broth; but afterwards,

when the story of the antimony came up, and Cook’s sickness was

connected with it, then she remembered perfectly well, after the

evidence had been given, how she, having taken the broth, immediately

became ill. The fact is not one capable of dispute, although it may be

that she did not mention it before the coroner. And I think you will

regard it as a very important and significant fact in the case, that, on

the Monday when Palmer is absent, Cook is better. On the Tuesday he

vomits again, though not in the same degree. But after death--now comes

the important fact--antimony is found in the tissues of that man’s body,

and his blood shows the presence of it; the blood shows distinctly that

it must have been taken recently, within the last eight-and-forty hours

previous to his death. How came it there? The small quantity that is

found does not form the slightest criterion of the quantity that had

been administered to him. Part of it, you know, would be thrown up by

the act of vomiting which it provokes; part of it would pass away in

other forms, but none would be there unless he had taken some. When did

he take it? If you find that he is suffering from vomiting for days

before his death--that a person is constantly administering things to

him, and after taking those things he vomits--when the prisoner sends

him over a basin of broth he vomits, and when the servant takes a couple

of spoonfuls she is reduced to the same condition--what other conclusion

can you come to, knowing that antimony is an irritant that will produce

vomiting and retching in the human system, than that the antimony must

have been administered to him by some one? By whom? Who but the prisoner

at the bar could have done it? My learned friend says Cook might have

taken antimony at some former time--that he might have taken James’

powder for a cold. There is not the slightest trace of evidence from the

beginning to the end of the case that he ever had a cold, or ever took

James’ powder over the whole period we are now ranging. Moreover, as I

have even now said, it was in his blood, it must have been administered

eight-and-forty hours before death; who could have administered it but

the prisoner at the bar? I ask you to form your own judgment upon that

matter, but I cannot resist the conclusion, it is irresistible. If so,

for what purpose was it administered; it is difficult to say with

anything like precision; one can only speculate upon it. It may have

been, however, to produce the appearance of natural disease, to account

for the calling in of medical men, and to account for the catastrophe

which was already in preparation; but it may also have had another and a

different object, and it is this--if we are right as to the motives

which impelled the prisoner at the bar to commit this great crime, it

was, at all events in part, that he might possess himself of the money

which Cook would have to realise upon the settling day at Tattersall’s

on Monday. If Cook went there himself the scheme was frustrated; Mr.

Cook intended to go there himself, and if he had done so the prisoner’s

designs would have failed of accomplishment. To make him ill at

Shrewsbury--to get him in consequence to go to Rugeley, instead of going

to London or anywhere else--to make him ill again and keep him ill at

Rugeley might be part of a cleverly contrived and organised scheme. It

might have been with one or other of those motives, it might have been

with both, that the antimony was administered, and so sickness produced,

but that the sickness was produced and that the antimony was afterwards

found in the body are incapable of dispute. Put them together and you

have cause and effect; and if you are satisfied that antimony was

introduced into that poor man’s body for the purpose of producing

vomiting and sickness, then, I say there is no one who could have given

it to him within that recent period but the prisoner at the bar. Neither

the doctor at Shrewsbury nor the doctor at Rugeley ever gave him one

fraction of antimony which had those natural effects which as a cause it

was certain to produce; then it will be for you to ask yourselves

whether it can have been with any other than a fell purpose and

design--with a view of paving the way for the more important act which

was afterwards to follow.

My learned friend has dealt with this case of antimony in no other way

than that which I have suggested, namely, casting out some loose,

floating, imaginary notion that at some period or other, for which no

precise date is given, he may have taken James’ powder for the purpose

of getting rid of a cold. Alas! gentlemen, I feel that so idle an

objection cannot stand between you and the conclusion which, I submit to

you, arises from the fact that this antimony was given to Mr. Cook with

a wicked design. If it was, just see the important influence which it

exercises upon the other question. If antimony was found--if antimony

can have been given with no legitimate object, and if it can only have

been given by the prisoner at the bar--how great does it render the

probability that to carry out the purpose, whatever it may be, that he

had in his mind, he gave him this strychnia, of which the deadly effects

and consequences have been but too plainly made manifest.

[Sidenote: Attorney-General]

Trial of William Palmer · 第 26 / 36 段