It is, therefore, clear that in this case a great, and what would have

proved in any other an insurmountable difficulty meets one at the

threshold--that in order to obtain a conviction one must reverse the

legal and customary order of proceeding. Instead of proving a murder

first and discovering the murderer afterwards, you first prove the

murderer and thence deduce a murder. That is the course which the

necessities of the case compelled the Attorney-General to pursue, and it

was your duty to have exploded that theory in your summing up. But you

did no such thing. On the contrary, you went into all the antecedents of

the prisoner, and put them to the jury as an element in the

consideration of whether a murder had or had not been committed. And

having thus prepared the minds of the jury by the antimony of motives,

suspicious circumstances, &c., you then administer to them the strychnia

of a murder. You descanted more especially upon the purchase of

strychnia by the prisoner just before Cook’s death as strong evidence

that Cook was poisoned. That circumstance, coming after proof of Cook’s

death by strychnia, would reduce the case to one of almost geometrical

accuracy; but by itself, in the absence of such proof--nay, in presence

of scientific proof to the contrary--of what value is it? Besides, it is

quite incompatible with the case for the prosecution. The prosecution

suggests that my brother had a deliberate intention to murder Cook, and

had for ten days been adopting preliminary measures to carry that

intention into effect; that when the time for the completion of his

infernal purpose approached (which was on the Sunday), he wrote for Mr.

Jones, of Lutterworth, a surgeon, and a personal friend of the deceased,

to come over and be present at his last moments, in order that his

presence there might stave off suspicion. Now, if that were so, is it

not reasonable to suppose that he would have had the poison ready to be

administered, and not trust to the doctrine of chances to procure it at

a village like Rugeley when wanted for immediate use? Surely the

professional poisoner might naturally be expected to keep a good

stock-in-trade? Nothing of the sort. On the Monday night (if the case

for the prosecution is to be believed) he gets from Newton three grains

of strychnia, which he gives almost immediately afterwards to Cook. Cook

is attacked with strychnia-tetanus, but recovers, and is nearly quite

well the next day. The prisoner, finding Cook not dead, gets six grains

from Roberts on the Tuesday, which he also gives to Cook, and this time

he succeeds in his purpose. Now, is not this--the blackest part of the

case against my brother--very improbable? Would the poisoner of fourteen

people do his work in such a clumsy fashion? But, then, the possession

or destination of those six grains is not attempted to be accounted

for. That certainly is a most inculpatory circumstance. But we must

remember this, that until it was known that the prisoner had had this

strychnia, it was never suspected that Cook died from strychnia. It was

that circumstance which originated the train of ideas as to my brother’s

guilt; and when charged with murder he may naturally have thought that

the strychnia, if found in his possession, would be evidence of his

guilt, and so may have destroyed it; whereas, if he had preserved it, it

would have been the strongest proof of his innocence. Then, if he did

destroy it, he could give no proof of the fact, for, of course, it would

be done without the privity of any one else. Now, if he had been in

France he himself would have been subjected to a strict examination upon

all the points of the case, and his own statement upon that point,

whether for or against him, would have been in evidence. Moreover, how

does this part of the case reconcile with the medical evidence? It is

admitted on all hands that half a grain is sufficient to destroy life;

but a grain, or two, or three, no man could survive that. Still, the

inference unquestionably is that that quantity was administered on

Monday night but did not kill, and the next day the dose was doubled!

Nine grains in all! And of these nine grains of strychnia, which

unquestionably were administered if Cook died from that poison, no trace

whatever can be discovered in the body!

I will not further dwell upon this subject, but come to your lordship’s

conduct and charge, which are the more immediate objects of this letter.

The first thing which appeared to me unfair was the order which your

lordship made that the medical witnesses for the Crown should be

accommodated with seats in the most convenient part of the Court, while

the greater number of witnesses for the defence were obliged to stand

during the greater part of the trial--no slight mode of exhausting them

mentally as well as physically. And so rigidly was this carried out that

none of the medical witnesses for the defence were admitted into Court

until all the witnesses for the prosecution had taken their seats, and

fully preoccupied all the vacant space. This may appear a slight thing,

but I know how greatly it affected some of the older medical witnesses

for my brother, and how much it weakened them for the violent attacks

which the Attorney-General made upon them. There are few men, however

vigorous, who will not be worn out by standing for eight or nine days in

the crowded atmosphere of such a Court as the Old Bailey.

The next thing which appeared to me unfair was your permitting the

Attorney-General to open to the jury all the facts connected with

Bates’s insurance, and this you did after Serjeant Shee objected. It is

true that evidence of this negotiation was afterwards excluded as being

irrelevant, but why did you not exclude the statement which you must

have known beforehand would prejudice the jury against my brother? The

simple fact of that affair was that my brother wanted to raise money for

Bates, whom he pitied; that this device was resorted to for that

purpose, and I am told that not on the turf alone, but in commercial

circles, it is a common thing to raise loans upon the deposit of

insurance policies. Your lordship, however, allowed the jury to infer

that my brother and Cook wanted to insure Bates’s life in order that

they might afterwards murder him!

It is a principle of the law that nothing which is said in the absence

of a prisoner can be given in evidence against him. But you permitted a

conversation between Cook and Fisher to be proved when my brother was

not present, and when he could, consequently, have had no means of

contradicting Cook’s drunken folly about the “dosing.” In this, I am

told by a most accomplished member of the bar, you violated one of the

leading rules of evidence--one adapted for the protection of all men, as

it is obvious that if private slander be once permitted to be detailed

before a jury, the most innocent man living may be hanged on statements

made behind his back. In your charge to the jury you seemed conscious of

the impropriety you had committed, and you did not read that portion of

the evidence to them, but it had already produced a fatal influence on

their minds. Yet you would have read it, as I could plainly see, only

that Judge Cresswell interposed just as you came to it. What renders

this more indefensible is that Serjeant Shee objected to it, but you

overruled his objection. (See verbatim report of trial, p. 26.) And the

Attorney-General himself refrained from stating it in his opening

address, because he said it was not evidence (report, p. 9). Upon its

manifest falsehood I need not say a word. It is incredible that Cook

should say to Fisher my brother poisoned him, and yet afterwards go to

Rugeley with him, dine with him, send for him every hour in the day,

entrust him with all his moneys, make no mention of “dosing” to his

oldest friend, Dr. Jones, and retain his affectionate faith in William

to the last. Yet, not one word of these obvious reflections did you put

before the jury to weaken the force of the illegal evidence you allowed

to go before them. You only said that it was “mysterious,” whereas, in

truth, it was incredible; and you added that “Cook was under the

influence of Palmer to a very great degree,” as if he would have

continued so after an attempt to kill him. It was very soon apparent

that your lordship was resolved not only to admit illegal evidence, but

also to allow the prosecuting counsel great liberties in their mode of

examination. Serjeant Shee repeatedly called your attention to Mr. James

putting “leading questions” to the witnesses, but you overruled him,

until he told Mr. Smith that it was quite useless to object any further.

I am told that every member of the bar in Court was of opinion that the

questions were irregular in the leading shape in which they were put.

In his opening speech the Attorney-General made the following statement

to the jury:--“The next morning, at an early hour, Palmer was with him,

and from that time, during the whole of Saturday and Sunday, he was

constantly in attendance on him. He ordered him some coffee. Coffee was

brought up by the chambermaid, Elizabeth Mills. It was taken into the

room, given to the prisoner, and she left. Palmer, having received the

coffee, gave it to the man, who was in bed, and had, therefore, an

opportunity of dealing with it” (report, p. 12). Elizabeth Mills was

called to prove this statement. So far from proving that it was given to

Palmer, she distinctly swore that she “placed it in Cook’s hands,” so

that Palmer had no opportunity of tampering with it (report, p. 33). Yet

your lordship, whose duty it was to see that none of these misstatements

should be unobserved upon to the jury, did not point out this remarkable

discrepancy, nor did you think it incumbent on you to set them right

upon a point of such material import to my brother. You allowed them to

believe that he had poisoned that coffee when the evidence negatived his

dealing with it at all.

In commenting upon the evidence of this woman, Elizabeth Mills, you said

that Serjeant Shee had made “a most foul charge against her and

Stevens,” representing that she had been bribed, but that you did “not

see the smallest pretence for such a suggestion.” I wonder that, after

your three score and ten years in this wicked world, you could have been

so exceedingly innocent and simple. You come from a country where the

inhabitants are keen-sighted enough, yet you thrust yourself forward as

the defender of Eliza Mills, a woman upon whose countenance her

character was written, and whose whole demeanour flashed conviction to

every mind of the sort of person she was. This woman was brought away

from Rugeley by Stevens, she was lodged by him at Dolly’s, where she saw

him “always” in the sitting-room, that gentleman having called “merely

to see how I liked London, and whether I was well in health, and all

that, to see whether I liked the place,” though she afterwards added

that he called about “sometimes one thing, sometimes another,” and “many

more things which I cannot remember. I do not keep things in my head for

weeks or months together. I do not pretend to keep in my head what the

conversation was,” yet “there were many more things talked about that I

do not wish to mention. Perhaps my thoughts were occupied about

something else.” And when the same woman is asked to give some account

of herself, and her visit to the man Dutton at Hitchingley, and asked to

name “who are your friends?” she answers, “I have some friends there.”

“Who are they?” says Serjeant Shee, to which Mills answered, “Friends

are friends, I suppose,” and then she gave an account that she slept

with the mother, and was “engaged to the son,” though what she meant by

this she did not venture to explain. Your lordship, however, “saw not

the smallest pretence,” &c.

Again, when the deposition of the same woman was read, in which there

was no mention of the “twitchings and jerkings,” and all those other

horrors which she imparted into her narrative, and which she enforced by

so much pantomimic action; and when in the deposition she proved that

the “broth was very good,” while in the evidence at the trial she swore

that “it poisoned her,” you coolly told the jury that it was “an

important omission; but you will say whether that which is stated is not

substantially the same as the evidence which she gave on oath when

examined before you.” Whereas you ought to have said that they were

substantially opposite, the two statements being reconcilable by no

manner of even Scotch chicanery. In fact, the manner in which you

supported this woman was exactly opposite to that which judges usually

do when persons of that description come before them; and I have heard

of judges telling juries to place no reliance on witnesses whose conduct

and demeanour were every way superior to that of Mills. I can conceive

no greater blow to public trial than the support given by a judge to a

witness like Mills, but “a fellow feeling makes us wondrous kind,” and

you adopted her with all the fervour of a champion of romance. When it

was proposed to contradict this woman by Dr. Collier, who was in Court,

Judge Alderson said, with unrestrained anger, “It is better Dr. Collier

should be absent from the Court. If he is to be examined as to facts, he

ought not to be here at all; he is here under the false pretence of

being a doctor,” forgetting that Taylor, Rees, and Monkton, who were

also to be examined as to facts on behalf of the Crown, were then

present, though not, of course, “under the false pretence of being

doctors!” The jury very soon saw what the judges thought of the case.

Mr. Gardner, the lawyer of Rugeley, was then called to prove that the

coroner had not asked several questions of Mills, and that the jurymen

had expostulated with him for not doing so. This illegal course you

permitted, assigning the following strange reason for it:--“What was

said there is part of the transaction of taking the evidence. It cannot

be evidence against the prisoner, but it may explain the manner in which

the depositions are taken.” It requires no lawyer to tell me that “if it

cannot be evidence against the prisoner, then it has no right to go upon

your notes, or to be stated in the presence of the jury at all, whom it

cannot fail to affect, although they are sworn to decide according to

the evidence.” Yet all this you permitted, allowing the Attorney-General

to damage the character of the coroner in every way he could; and there

is no knowing what you could not have got Gardner to say had not Judge

Cresswell interposed and terminated the scene. He said “the depositions

which had been put in did not show that any questions had been put by

the jurymen. If they had contained such questions they would have shown

the motive of the jury in putting them. But the Court was left totally

in the dark as to whether questions had been put by the coroner or any

other person. For anything that appeared to the contrary, the witnesses

might have made a voluntary statement without any questions at all being

put to them. No foundation was, therefore, laid for the

Attorney-General’s inquiries.” Every one in Court saw how chagrined you

were at this interposition of Judge Cresswell, but you were obliged to

submit, as Alderson concurred with him. One word with reference to Ward,

the coroner. He is a very able lawyer. The jury wanted to put questions

as to various rumours about my brother William poisoning Lord George

Bentinck, Bladen the brewer, and twenty other people; and as the coroner

overruled all such folly, the sapient jurymen did expostulate with him,

and this was Gardner’s mare’s nest!

The next witness examined was Mrs. Brooks, and though she gave evidence

of the most valuable kind to the prisoner, yet not one syllable of it

did you comment upon to the jury. The main evidence against my brother,

connected with Shrewsbury, related to the sickness with which Cook was

seized. If, therefore, other persons in various parts of the town were

similarly affected, it could not fail to benefit William, for he could

not be said to have poisoned or “dosed” all the others, especially as he

was not at Shrewsbury at all when they were sick, but was at home at

Rugeley. Serjeant Shee asked Mrs. Brooks (report, p. 54), “Do you know

whether other racing men were taken ill on the Wednesday at

Shrewsbury?--There were a great number; one of my company was dreadfully

ill, and there was a wonder what could cause it. We made an observation.

We thought the water might have been poisoned at Shrewsbury. We were all

afflicted in some way by sickness--sick and purged.” After twelve days

the jury can be scarcely expected to have remembered this most important

admission. It was your incumbent duty to have recalled their attention

to it, for it was strongly in my brother’s favour; but, if they

recollected it at all, you took care that they should pay no attention

to it, for, after reading to them all that she said in her direct

examination, you remarked, “This ends the affair about Mr. Cook’s

illness at Shrewsbury, and, taken by itself, it really amounts to very

little, but, you observe, it is connected with what follows when he

returned to Rugeley” (report, p. 311). You then passed on, not saying a

word about the incident just mentioned, and, associating in the minds of

the jury with subsequent transactions at Rugeley that part of Mrs.

Brooks’ evidence which was brought forward for the prosecution, you kept

back the most valuable portion of her testimony to my brother, and

entirely ignored its existence in the case.

Dr. Jones, of Lutterworth, the friend of Cook, to whom my brother

writes, gave evidence of the most valuable kind, showing Cook’s broken

constitution, his sores, his syphilis, his secondary symptoms, his

unbounded confidence in William, and William’s brotherly kindness to

him, yet not one word of comment did you offer to the jury upon these

matters. The only remark you made was one highly damaging to my brother,

and was as follows:--“At first sight it would appear very much to be in

his favour that he sends for a medical man, who is a friend of Cook’s,

and who took a lively interest in him, and wished him well. But, at the

same time, there are circumstances in this case that may enable you to

draw a different conclusion, but I will not suggest” (report, p. 312).

No, you did not suggest in words, but, pausing here, you looked at the

jury and shook your head at them for half a minute in the most

mysterious manner, so that they must have been the dullest of all

mankind if they had not perfectly well known what you meant. I have

heard more than one person remark upon the Scotch subtlety of this mode

of proceeding. Your lordship is a sort of biographer of the Chief

Justices of England, though I am told that the unfortunate Dr. Giles,

whom you had the pleasure of sentencing at Oxford to twelve months’

imprisonment, is the real author of that production; and I suppose you

hope to figure one day in the literary gallery with those whom you have

commemorated. It would be impossible, perhaps, for a future historian

who merely read your proceedings in my brother’s trial, to form an

accurate notion of your demeanour; but, with the light which this letter

will throw upon the transaction, such an annalist--if ever you should be

thought worthy of notice--will be able to inform future times how you

managed to convince a jury without leaving any trace behind of the means

by which you did it.

The next witness of any consequence was Newton; and here I should have

thought your lordship’s feelings as a man, if they had not entirely

perished, would have exhibited some trace of natural passion. Newton,

according to his own account, was an accessory to the murder, and the

murderer after the fact; he knew the current gossip of Rugeley and

Stafford, that Cook had been poisoned by my brother; he assisted at the

post-mortem examinations for the purpose of detecting the poison which

the murderer had used; he had an interview on the Sunday after Cook’s

death with William, in which this skilful poisoner (whose chemical

knowledge of the minimum dose of strychnia which destroys life, and of

the hitherto unknown fact that antimony neutralises the discovery of

strychnia, places him a hundred years in advance of all the chemists of

the age), asks the ignorant shopboy of the nature and the effects of

strychnia! And when the learned Newton gives him information on the

matter, the poisoner snaps his fingers in joy and exclaims, “That will

do”; and after that he goes with him to the post-mortem examination; and

after that Newton swears against him at the inquest; and after that he

keeps the deadly secret buried in his bosom from November until the

middle of the month of May, just one day before the trial! And after the

trial he communicates the further fact to the Attorney-General that it

was he who made up the deadly pills for my brother on the Monday night.

With reference to the credibility of this monstrous witness you have not

one word to say, though you did not hesitate to stigmatise Mr. Nunneley

and Dr. M‘Donald as persons on whom the jury could place no reliance;

and in the course of their cross-examination you looked at them in a

manner significant of total incredulity of their testimony. Observe the

mode in which you support Newton. You say, “There is no contradiction of

anything that he has said.” Why did you not tell the jury that, as he

fixed no time or place when any one but the prisoner himself, whose

mouth was sealed, was by, it was impossible he could be contradicted?

You go on (report, p. 313)--“Well, then, you are to consider what is the

probability of his inventing this wicked and most abominable lie? He had

no ill-will towards the prisoner at the bar.” (Who told you that? Who

proved it? What right had you to assume it? What right had you to tell

it to the jury?) “He had nothing to gain by injuring him much less by

saying anything to affect his life.” (I ask again who told you all this,

and on what pretence did you venture to say so to the jury?) “I see no

motive that Mr. Newton could have for inventing a lie to take away the

life of another person.” (Are you omniscient, then, and do you profess

to read that inscrutable mystery, the human heart, and have you not read

in the annals of crime of innumerable murders and perjuries committed

without apparent motive?) “No inducement could be held out to him by the

Crown; he says himself that no inducement was held out to him, and that

he at last disclosed it from a sense of justice.” (As if a man who

screened a murderer for six months could have any sense of justice.) “If

you believe him, certainly the evidence is very strong against the

prisoner at the bar.” Not a word of caution is here given; not one

Scotch hint of doubt in this witness. Your “canny” countrymen are not

always so credulous; they are not at all times so easy of belief in

persons of this description. Yet your milk of human kindness is so pure

that you cannot for your life imagine the least reason why Newton should

not be believed.

But it was on the evidence of Roberts that your lordship used

observations which had the most powerful effect on the jury, and since

then upon the public mind. I have already explained how it was that the

prisoner, even if he were a guilty man, might have denied the purchase

of the strychnia from Roberts, as he always denied its purchase from

Newton, was deprived by artifice of the witness Cockayne, who could have

thrown a new light upon this affair, and I have shown how Bates

prevaricated with reference to the dogs and the brood mares. My brother

being in this way at the mercy of Bates, and juggled out of Cockayne, in

what possible way could he account for the disposal of the strychnia?

Yet you, who knew all this a thousand times better than the jury, told

them that “a very serious case is adduced, supposing you should come to

the conclusion that the symptoms of Mr. Cook were consistent with that

of poison. If you think the symptoms are accounted for by merely

ordinary tetanus, of course the fact of strychnia being obtained by the

prisoner at the bar is of very little weight; but, if you should come to

the conclusion that the symptoms which Mr. Cook exhibited on the Monday

night and Tuesday night are consistent with strychnia, then a fearful

case is made out against him.” The learned counsel did not favour us

with the theory which he had formed in his own mind respecting that

strychnia, and how he considered it to be consistent with the view that

he suggested. There is no evidence of the intention with which it was

purchased. There is no evidence how it was applied, and what became of

it, or what was done with it (report, p. 313). What modern judge before

yourself in a case of death ever ventured to tell a jury that “a fearful

crime was made out against the prisoner”? Scraggs or Belknap might have

done it; Jeffreys might not have blushed to use the words, but that they

should now be used in the face of an open Court, and with a pantomimic

gesture and grim stare at the jury such as you gave, are facts

discreditable to any law. By what right, with what face, on what

authority did you venture to tell the jury that his “learned counsel”

was bound to prove his innocence or to account for his possession or

disposal of the strychnia? I have always understood it to be the law

that every man was presumed to be innocent until he was proved to be

guilty; but you have reversed this majestic, merciful principle, and

intimate that every man is guilty until his counsel proves him to be

innocent. A more shameful perversion of the law than this, I am told by

persons in authority, has never been witnessed. Well also did you know

that Serjeant Shee was not entitled to put forward to the jury “the

theory which he had formed in his own mind respecting the strychnia.”

Had he ventured to do so I have no doubt you would have interrupted him

with unfeeling harshness, and repeated to him in even stronger language

than you did that species of insult “that a witness had no more right to

make himself an advocate than an advocate to make himself a witness.”

And then you glaringly tell the jury that there has been no “evidence of

the intention,” as if you did not well know that if such evidence were

possible to be given it could only be given by my brother William

himself (who, by law, could not speak); and that, even if he could speak

and was about to mention his intention, you would have stopped him, and

said that such evidence was illegal, facts, not intentions, being the

only admissible evidence in a Court of law. Yet you gravely complain as

if the thing might have been done, and the jury, who probably believed

you, convicted my brother because he could not prove an impossibility.

My lord, if our present system of representation were anything but a

mockery, and if the House of Commons were constituted as it was in the

days of Pym, Vane, and Hampden, I verily believe you would be impeached

for such a charge as this, for you stated to the jury that the prisoner

was guilty because he did not do that which you absolutely knew he could

not do, namely, prove his intention. But, under the present system of

things, judges may do anything they please with impunity, and no one

calls attention to it, because the wretches whom they hang or exile are

friendless outcasts, deprived of all sympathy from the world, enemies

often of society, which thus becomes their enemy; and the great body of

the community not being acquainted with the law, and the only persons

who are, namely, the bar, being a body of degraded, crawling, sneaking

slaves and sycophants who do not venture to arraign a judge, because if

they do they fear that attorneys will desert them; in this way the most

frightful licentiousness of power is given to men like you, and they are

as despotic as the Cadis in the remotest part of Turkey. In civil cases,

indeed, there is a check upon them, because there the parties are rich,

and there is an opportunity for a new trial, but in criminal cases there

is no new trial, even in the most scandalous and infamous conduct of the

judge; and the consequence is that a wicked man may commit almost any

conceivable crime upon the bench, and gratify his love of blood to the

utmost without restraint or fear, than which I can conceive no more

shocking infamy to exist.

Trial of William Palmer · 第 34 / 36 段