Then, gentlemen, let us take the conduct of the prisoner into

consideration in the after stages of the case, and also in one

remarkable particular--in an incident that took place on the day of the

death, on the evening of the preparation of the pills--and in his

conduct taken in all its circumstances I fear you will find but too

cogent proofs of his guilt. I begin with the Tuesday, the day of the

death. Mr. Cook had had what every one will admit to have been a most

severe fit on the night before. Dr. Bamford comes upon the Tuesday, but

not a word is said to him about it. He comes, and the prisoner is

solicitous that he shall not see Cook; and twice in the course of that

morning, when old Mr. Bamford is desirous of coming up to see the man,

the prisoner said, “He is tranquil and dozing; I wish him not to be

disturbed.” That may have been innocent, but on the other hand, if Dr.

Bamford had come at that time when the fit was fresh in Cook’s mind, the

probability is great that Cook would have told him what had happened the

night before. Cook does not see him till seven o’clock, when Mr. Jones

had arrived. One would have expected that, having been invited to come

by the prisoner, the first thing Mr. Palmer would have done would have

been to mention how he found him the night before. He talks of nothing

but about the bilious symptoms--bilious at Shrewsbury, bilious to Dr.

Bamford, and bilious to Mr. Jones; and thus he is represented throughout

by the prisoner at the bar, yet all this time the medical men agree in

saying that there was not a bilious symptom about him from beginning to

end; no feverish skin, no loaded tongue, and none of the concomitants of

a bilious condition. The moment Mr. Jones sees him, considering he had

heard that this man was suffering under a bilious affection, he says,

“That is not the tongue of a bilious patient.” The only answer he gets

is, “You should have seen it before.” When? When the man saw him at

Shrewsbury, or when Dr. Bamford saw him, they both found his tongue

perfectly clean; the irritation in the bowels was not the result of

natural action, but of the antimony; and not one single word does he say

to Mr. Jones of the fit that had taken place the night before. It is a

remarkable circumstance, when the three medical men are consulting at

the bedside, the patient says, “I will have no more pills--no more

medicine to-night,” intimating that his sufferings of the night before

he ascribed to the pills which he had taken. There is no observation

made by Mr. Palmer as to what had been the nature of the man’s attack

the night before, he having been called up in the dead of the night.

They go into an adjoining room to consult as to the best thing to be

done. The man had declared his aversion to taking any pills or medicine;

and Mr. Palmer immediately proposes that he shall take the same pills

that he took the night before. He says to Mr. Jones, “Do not tell him

the contents, because he has a strong objection to them.” It is arranged

to have the pills made up; he does not wait to have the pills sent by

Dr. Bamford, though it was early in the evening, but he accompanies Dr.

Bamford down to his surgery. I cannot for the life of me understand why

Dr. Bamford should have made up those pills at all. The prisoner had a

surgery of his own close by, and he could have made up the pills in two

minutes, he knew perfectly well their contents, instead of which he goes

down with Dr. Bamford to his surgery. One would have supposed it would

have been quite enough, as he was the person who every night

administered the pills to Cook, if Dr. Bamford put the pills in a box

and handed them over to Mr. Palmer, who knew what was to be done with

them, instead of which Mr. Palmer asks Dr. Bamford to write the

direction. He does write the direction, and then Mr. Palmer walks away

with the pills. An interval occurs of an hour or two, during which time

he had abundant opportunity of going home to his surgery and doing what

he pleased in the way of substituting other pills. He comes back, and

before he gives the pills he takes care to call the attention of Mr.

Jones, who was present, to the remarkable handwriting of the old

gentleman, Dr. Bamford, as being worthy of attention in a man of his

advanced age. What necessity was there for all that? Was not it, think

you, part of a scheme, that in case there should afterwards be any

question as to the cause of this man’s death, or the possibility of his

having had poison administered to him, he should be able to say to Mr.

Jones, “Why, you know they were Dr. Bamford’s pills. You were present at

the bedside of the deceased, you saw that I administered nothing except

pills, and you must be clear they were Dr. Bamford’s pills. Did not I

show you the address written, and call your attention to the excellence

of the handwriting?” Who knows but all that prevented the possibility of

suspicion being excited and presenting itself to the mind of Mr. Jones.

[Sidenote: Attorney-General]

Now, any one of those circumstances in itself would not be such as I

could venture to submit to you as conclusive of the prisoner’s guilt,

but I ask your attention to a series of things following one upon the

other, which, at the same time, are of a most remarkable character, and,

taken as a whole, lead but to one conclusion. The death having taken

place (I am passing over for a moment other circumstances which have no

reference to the immediate cause of death, I shall come back to them in

another part of the case), we find the father-in-law comes down to

Rugeley upon the Friday. Let us see what the conduct of the prisoner is

then. The father-in-law applies to him for information on the subject of

his stepson’s affairs. I pass that over, because that, too, will come

under a different head; but having done so, and it appearing from the

representation which the father-in-law made that the man had died in

comparative poverty, something is said about his being buried. “Well,”

says Mr. Stevens, “rich or poor, poor fellow, he must be buried.” Mr.

Palmer immediately says, “If that is all, I will bury him myself.” “No,”

says the stepfather, and the brother interposes. Mr. Stevens says, “No,

I am his stepfather and his executor, and it is my place to bury him.”

Well, there is nothing in all that. Palmer may have said, with regard to

his friend, that he would see the last respect paid to his memory. But

there is this remarkable thing, when the stepfather says that nobody

shall bury him but himself, and makes the observation that perhaps it

will be inconvenient to the people at the inn to have him lying there

for two or three days, because he intended to have him buried in town,

so that the poor man might lie in the same grave with his

mother--immediately after this Palmer says, “There will be no harm in

that, he can stay as long as you like; but the body ought to be put in a

coffin immediately.” After that Mr. Stevens gets into conversation with

Dr. Bamford about his son-in-law, and while they are in conversation Mr.

Palmer slips away, goes out into the town, and comes back in about half

an hour, when Mr. Stevens asks him for the name of some undertaker in

order that he may go and give the undertaker directions about the

funeral, and he finds to his surprise that Mr. Palmer has gone out, and

has himself, without any authority, ordered a shell and a strong oak

coffin in order that the body may be immediately put away. This, again,

is a circumstance not unworthy of consideration. Why should he interfere

and meddle in a matter which did not concern him, and which it was the

business and province of another man to attend to, except this, that he

had made up his mind that that body should be consigned to its last

resting-place and removed from the sight of man with as much rapidity as

circumstances would permit of? You have heard what took place in the

course of conversation upon the subject of the betting book. I pass that

by for the present.

I now come to Saturday, when, returning from London, Mr. Stevens and Mr.

Palmer met in the railway train, and at the different stations when the

train stopped had conversations with one another; and it appeared at

that time Mr. Stevens had fully made up his mind to have the body

examined--there were circumstances which had engendered suspicion in his

mind; he had seen the attitude of the corpse; he had seen the clenched

hands; and, being a man of sagacity and shrewdness, upon putting things

together, there was a lurking suspicion in his mind that he could not

overcome, and he was determined that he would be satisfied, and he made

known his intention of having the body examined before it was consigned

to the grave. It is due to Mr. Palmer to say that he did not flinch from

the trying ordeal of Mr. Stevens’ scrutinising glance when he mentioned

the subject of post-mortem examination; he makes no objection to the

post-mortem examination; he is anxious to know who shall perform it, but

Mr. Stevens will not inform him of the fact. It is to take place, and it

is appointed to take place on the Monday. On the Sunday we have that

remarkable conversation to which Newton speaks, and which has been in

the possession of the Crown (it is not, like the other part of his

evidence, brought forward at the last moment) and in the possession of

my learned friend. It is true he did not state it before the coroner,

but the explanation is extremely easy. Before the coroner, Roberts was

the man who came forward to prove the purchase of strychnia, and vouched

Newton being there. Newton was immediately fetched, and his deposition

will be found immediately following that of Roberts; not for the purpose

of giving a general statement, but for the purpose of corroborating

Roberts, which he does. Hence it came to pass, in answering only the

questions which were put to him by the coroner, nothing was said upon

the subject of that Sunday’s conversation, but it was given immediately

afterwards to the Crown.

[Sidenote: Attorney-General]

I think you will not believe that Newton comes forward for the purpose

of making a false representation as to this conversation. What was the

conversation? He is sent for by Mr. Palmer to his house, and he is

treated with a glass of brandy and water, and when he has a glass of

brandy and water they get into general conversation, and then, I think,

the prisoner says, “How much strychnia would you give if you wanted to

kill a dog?” “Why, I should give from half a grain to a grain.” “Would

you expect to find any appearances in the stomach after death?” “No

inflammation or erosion, no appearances.” Upon which a sort of

half-uttered ejaculation comes from the prisoner. “That is all right,”

and a sort of action of the hands. Was that entirely an invention? Was

nothing said about a dog? Was nothing said about strychnia? Now, it may

have proceeded from two causes, if you believe the conversation. It may

have been that the prisoner was in a state of great anxiety when he

found the post-mortem examination was to take place, and he was anxious

to know whether the views of another medical man confirmed his own with

regard to the appearances in the body after death, where death had been

occasioned by strychnia. It may have been that he meditated some

trickery, some jugglery, that involved the real destruction of a dog,

which may have given rise to those questions which were suggested on the

part of the defence to one of the witnesses who were called; it may have

been that something was in contemplation to destroy or attempt to

destroy a dog, to account for the purchase of the strychnia, which he

knew was likely to be brought up in evidence against him, and which it

would be a difficult matter to explain. Whether any such attempt was

afterwards made I know not; I imagined that we were going to have some

evidence to that effect, from the questions that were asked, but no such

evidence has been afforded--not the slightest as to what purpose this

quantity of strychnia has been applied. It has not been found upon the

prisoner’s premises. What has become of it? I cannot solve precisely the

secret of that conversation. Like many other matters in this case, it

remains a mystery; but this I know, I can look at it in no aspect in

which it does not reflect light upon the guilt in which this transaction

is involved; if you can solve the difficulty, for heaven’s sake do, but

I can suggest to you no solution. From that man Newton, then, he got his

strychnia on the Monday night, and for that man he sends on the Sunday.

With that man he holds a conversation--was it with the view of leading

Newton to believe that it was for the purpose of killing a dog he had

got it? These are speculations and surmises, into which I do not deem it

necessary further to go. It will be for you to say whether you can

entertain any doubt upon all these facts, when they are before you, that

this death was occasioned by strychnia, and that that strychnia was

administered by the prisoner, either from what he obtained upon the

Monday night, or from that which, beyond the possibility of question, he

obtained upon the Tuesday, for which he has failed to account, and for

which, indeed, he has not attempted to account.

But, then, my learned friend says that the man had no motive to take

away the life of his friend, and it is right we should see how that

matter stands. Gentlemen, if, indeed, I have satisfied you, beyond the

reach of reasonable doubt, by the evidence I have adduced, and by the

failure on the part of the evidence for the defence to neutralise its

effect, that the death here was occasioned by strychnia--that the

strychnia could have been administered by no one, and, in fact, was

administered by no one, save Mr. Palmer--the question of motive becomes

a matter of secondary consideration. It is often difficult to dive into

the breasts of men, to understand the motives that have been working

there, and by those motives to account for their actions. Omniscience

alone can exercise that faculty and that power; and therefore, where

acts are proved against a man beyond the reach of reasonable doubt, it

is not because we may not be able to exercise a sufficiently

scrutinising power to ascertain the motives that we are to doubt the

facts, the existence of which is brought beyond the reach of reasonable

doubt; but nevertheless it is always an important element in a case, and

it is, above all, an important element in a case upon which any

reasonable doubt can by possibility rest, to see whether there was an

adequate motive to lead to the perpetration of the act which is charged.

On the other hand, gentlemen, we must not be too precise in weighing the

question of adequacy of motive; that which, to the good, would appear of

no influence, however remote or minute, in inducing them to commit

crime, oftentimes, with the wicked, is quite sufficient to impel them

into crime, and it may have been so here.

[Sidenote: Attorney-General]

But let us see, before I make any further observations upon that point,

how the matter stands upon the proof which is before us. I told you that

Mr. Palmer was a man in circumstances of the direst embarrassment, with

ruin actually staring him in the face, and that nothing could avert that

ruin save pecuniary means at once obtained for his purpose. The proof

which I have offered to you has fully come up to the proposition with

which I started. The fact has been proved beyond the possibility of

doubt. It appears that in the month of November, 1855, Mr. Palmer was in

this position. He owed upon bills, all of which were forged, the sum of

£19,000; he had bills to the amount of £12,500 standing in the hands of

Mr. Pratt; he had bills to the amount of £6500 standing in the hands of

Mr. Wright; and he had a bill for £2000 in the hands of Mr. Padwick.

Although it is true that £1000 upon that account had been paid off to

Mr. Pratt, yet the bills still remained for the full amount in Mr.

Pratt’s hands. Although £1000 had been paid to Mr. Padwick, he held a

warrant of attorney and a bill of sale upon the stud for the remaining

£1000. All those bills, without exception, were forgeries. A

correspondence took place between Mr. Pratt and himself with regard to

the £13,000 policy upon his brother’s death, through which he hoped to

liquidate Mr. Pratt’s demand; he had been disappointed of that money,

and upon the office declining to pay the money, as early as the middle

of October, Mr. Pratt gave him to understand, in the most distinct and

positive terms, that the bills must be met. Bills for £4000 were due, or

were coming due, at the end of that month--one upon the 25th for £2000,

and another upon the 27th for £2000. Bills already renewed were coming

due from month to month, and there was £5500 which it was necessary

immediately to provide for. Mr. Pratt gave him notice that he could give

him no longer delay, inasmuch as the office had resolved to dispute this

policy. It was no longer an existing valid security, and consequently

Mr. Pratt could not be a party to representing to his clients, with

whose money those bills had been discounted, that it was in any respect

a valid security, therefore the bills must be met.

[Sidenote: Attorney-General]

The matter was coming to a crisis; the bills must be paid at maturity;

he sends him up three small sums, first a sum of £300, and then two sums

of £250 each, making the sum of £800. Of that sum £200 was to come off

other bills to fall due in January, leaving only £600 applicable to the

principal. He is told at once that he must do a great deal more; he is

told, late in October, that unless he does a great deal more writs will

be issued against his mother and against himself, which would at once

bring the matter to a termination by showing that those bills were

forgeries. He entreats that time shall be given; he obtains this

concession from Mr. Pratt, that the writs shall not be served until a

given day, and he in the interval must make further payments on account

of the principal bill due. That being the state of things upon the 13th,

Mr. Pratt writes and presses him for further payment. On that day

“Polestar” won. Cook was, as you have heard, in an ecstasy of delight,

feeling that his difficulties were, at all events for a time, removed;

that he should now get through the winter and live happily till the next

racing season. He little thought what was about to take place. If this

accusation is well founded, the mare winning, and his being entitled to

a large sum of money, was the most fatal thing that could have befallen

him. Alas! how great is the shortsightedness of mortal man! When we

have the highest cause of joy and exultation, often while the sunshine

of our prosperity warms and gladdens our heart for a moment, there is

lurking beneath our feet a fatal abyss, into which we are about to fall.

This poor man, if this charge be true, might have been living now, had

it not been that upon that fatal day his mare won, and he became

entitled to a large sum of money, which afforded temptation to his

murderer.

[Sidenote: Attorney-General]

Now, it becomes perfectly clear that at this moment matters were

approaching an immediate crisis. What was Mr. Palmer to do? He had no

source to which to turn for money. It is clear that he could not go to

his mother. I presume that source had long since been exhausted, or he

would not have forged her name. What was he to do if he could not get

money to satisfy Pratt’s demand? You know, although a moneylender is

considerate and indulgent enough as long as he is certain of his

payment, and gets his heavy usurious interest paid down on the nail, if

he once becomes doubtful of the security and uncertain of payment, you

may as well ask mercy of a rabid tiger, or you may as well ask pity of

stones, as hope to find bowels of compassion in him. Pratt gave him fair

warning that the money must be paid, or something must be paid by way of

instalment on the principal, and to keep the interest down. Where was

Mr. Palmer to get money from? My learned friend says Cook was his best

friend, and that Cook was the man he was to look to; and that as long as

he kept Cook alive he had a friend in need to whom he could resort for

assistance. In what way? Was Cook to give acceptances to Pratt? Is

anybody weak enough to suppose that Pratt would have taken Cook’s

acceptances to keep those bills alive, unless there was a part payment

of the principal and interest? It is quite clear that he would not. When

even for the sum of £500 he was asked to take Cook’s security, he

refused to do so, unless there was the collateral security of an

assignment of his horses. Cook had assigned to him all the property he

possessed. All that Cook had in the world was his winnings upon that

day’s race at Shrewsbury, and what little money he may have obtained by

his winnings at the races at Worcester. If you believe the witness

Myatt, those winnings were exhausted, and therefore this man had nothing

except his winnings at the Shrewsbury races; and you are asked by my

learned friend to believe that it would have been of use to Palmer to

keep this man alive. The reverse is proved by the evidence. With Pratt

his personal security would have been unavailing. Pratt tells you that

he would not take anything from him unless it was the real security of

an assignment of his horses or other property. Just see the interest

which Palmer had in securing all Cook’s effects. My learned friend says

they were mixed up together in transactions in which they had a joint

and common interest--they were confederates upon the turf and had joint

bets together. Yes; but one man putting another on does not mean that

when A puts B on and says we are likely to make a good thing, and we

will share it, that B is to pay A’s losings if they do not win. They

might be confederates on the turf, but that did not make Cook

responsible for Palmer’s liabilities. Does any one suppose that Cook

intended to find the means to enable Palmer to meet Pratt’s insatiable

demands, to stave off the difficulties in that quarter? Was Cook to

deprive himself of his winnings, and leave himself without money, for

the benefit of his friend? That is the proposition, for the whole of

which my learned friend must contend before you before he can establish

anything like a case to show that if Cook had lived it would have been

better for Palmer than that he should die. My learned friend says there

is proof that they were mixed up closely together to be found in this,

that Cook writes to his agent, Fisher, and says to Fisher, writing on

the Friday after he had dined with Palmer, “There is a matter which is

of importance to Palmer and to me, that £500 should be paid to Mr. Pratt

to-morrow; £300 has been sent down to-night, and I request you will be

so good as to pay Mr. Pratt £200 to-morrow on my account, and charge it

to me.” My learned friend thought that that transaction would be

favourable to his client, and he put it prominently forward. To my mind

he could have adduced nothing more fatal. The explanation of it is to me

as clear as the sun at noonday. Cook had brought with him some £600 or

£700; at least at Shrewsbury he was seen by Fisher with a roll of notes

amounting to some £700 or £800. On the same evening the parties came to

Rugeley, when he had not had time to spend the money. He speaks of a

£500 transaction, in which he and Palmer have a joint interest. There is

only that one transaction with Pratt in which they had a common

interest, that was the £500 raised by the assignment of “Polestar,” and

a bill, of which we say Cook never got the proceeds; and he says,

writing on that night to Fisher, “£300 have been sent up to-night, and I

will be obliged to you to pay the other £200 to make up the whole.” No

£300 were ever sent up that night. Mr. Pratt has given an account of the

whole transaction. £300 were to be sent that night; by whom were they to

be sent? Can you doubt? Where is all Cook’s money gone? I can quite

understand that he handed over £300 to Palmer to send up to Pratt, and

directed Fisher to pay another £200. What followed in respect to the

joint transaction? What was the joint transaction? they never had but

one, and that was for £500. What was it? Why, it was the money which had

been got by the assignment of “Polestar” and “Sirius”; “Polestar” had

just won at Shrewsbury--it was natural that the man should desire to

redeem his mare; moreover, the bill was coming due; he had the cash in

his pocket, and he knew that he was going to receive money at

Tattersall’s, which he never did; and he says, “£300 will be sent up

to-night.” It is the only matter in which they have a common interest,

not only as to the £500, but in any respect; Pratt had no other dealing

whatever with them jointly or with Cook, if we except the bill for

£500--what does it show? It shows that £300 had been sent for the

purpose--he sends up £300, but how is it applied? Pause for a moment;

the £300 is not sent up, Palmer keeps it in his pocket; what is done

with the other £200? Is it carried to the account of the matter in which

they had joint interest with Pratt? No such thing; it goes as part of

the payment made by Palmer to Pratt on account of the bills which Pratt

then held--it never went to any matter of joint interest--it is an idle

and false pretence to say that Cook was in any way responsible to Pratt;

it may have been the intention of Palmer when Cook should be no more to

represent him as so, but there is no foundation in reality and in fact

for the statement. I say the transaction of the £500, so far from

helping the prisoner’s case, shows conclusively that the £200 advanced

by Fisher, and the £300 to be sent up that night to satisfy this bill

for £500, and the assignment to release “Polestar” and “Sirius,” was

£500 more taken from this young man and appropriated by the prisoner to

his own use.

[Sidenote: Attorney-General]

Trial of William Palmer · 第 27 / 36 段