Chapter II: Part 2

On the same day, Palmer went himself to the latter gentleman, and paid him other moneys, consisting of £30 in notes, and the cheque for £20 which he had received from Herring, and a memorandum was drawn, and to which I shall hereafter have occasion to call attention. So much for Palmer’s proceedings in London. On the evening of that same day (Monday) he returned home. Arriving at Rugeley about nine o’clock at night, he at once proceeded to visit Cook, at the Talbot Arms; and from that time till ten or eleven o’clock he was continually in and out of Cook’s room. In the course of the evening he went to a man named Newton, assistant to a surgeon named Salt, and applied for three grains of strychnine, which Newton, knowing Palmer to be a medical practitioner, did not hesitate to give him. Dr. Bamford had sent on this day the same kind of pills that he had sent on Saturday and Sunday. I believe it was the doctor’s habit to take the pills himself to the Talbot Arms, and intrust them to the care of the housekeeper, who carried them upstairs; but it was Palmer’s practice to come in afterwards, and evening after evening, to administer medicine to the patient. There is no doubt that Cook took pills on Monday night. Whether he took the pills prepared for him by Dr. Bamford, and similar to those which he had taken on Saturday and Sunday, or whether Palmer substituted for Dr. Bamford’s pills some of his own concoction, consisting in some measure of strychnine, I must leave for the jury to determine. Certain it is, that when he left Cook at eleven o’clock at night, the latter was still comparatively well and comfortable, and cheerful as in the morning. But he was not long to continue so. About twelve o’clock the female servants in the lower part of the house were alarmed by violent screams, proceeding from Cook’s room. They rushed up, and found him in great agony, shrieking dreadfully, shouting “Murder!” and calling on Christ to save his soul. He was in intense pain. The eyes were starting out of his head. He was flinging his arms wildly about him, and his whole body was convulsed. He was perfectly conscious, however, and desired that Palmer should be sent for without delay. One of the women ran to fetch him, and he attended in a few minutes. He found Cook still screaming, gasping for breath, and hardly able to speak. He ran back again to procure some medicine; and on his return Cook exclaimed, “Oh dear, doctor, I shall die!” “No, my lad, you shall not,” replied Palmer; and he then gave him some more medicine. The sick man vomited almost immediately, but there was no appearance of the pills in the utensil.

Shortly afterwards he became more calm, and called on the women to rub his limbs. They did so, and found them cold and rigid. Presently the symptoms became still more tranquil, and he grew better; but the medical men will depose that the tetanus that afflicted him was that occasioned by strychnine. His frame, exhausted by the terrible agony it had endured, now fell gradually into repose; nature asserted her claim to rest, and he began to dose. So matters remained till the morrow, Tuesday the 20th, the day of his death. On the morning of that day, Cook was found comparatively comfortable, though still retaining a vivid impression of the horrors he had suffered the night before. He was quite collected, and conversed rationally with the chambermaid. Palmer meeting Dr. Bamford that same day, told him that he did not want to have Cook disturbed, for that he was now at his ease, though he had had a fit the night before. This same morning, between the hours of eleven and twelve o’clock, there occurred a very remarkable incident. About that time Palmer went to the shop of a certain Mr. Hawkings, a druggist, at Rugeley. He had not dealt with him for two years before, it being his practice during that period to purchase such drugs as he required from Mr. Thirlby, a former assistant of Mr. Hawkings, who had set up in business for himself. But on this day Palmer went to Mr. Hawkings’s shop, and, producing a bottle, informed the assistant that he wanted two drachms of prussic acid. While it was being prepared for him, Mr. Newton, the same man from whom he had on a former occasion obtained strychnine, came into the shop, whereupon Palmer seized him by the arm, and observing that he had something particular to say to him, hurried him into the street, where he kept talking to him on a matter of the smallest possible importance, relating to the precise period at which his employer’s son meant to repair to a farm he had taken in the country. They continued to converse on this trivial topic until a gentleman named Brassington (or Grassington) came up, whereupon Mr. Newton turned aside to say a few words to him. Palmer, relieved by this accident, went back into the shop, and asked, in addition, for six grains of strychnine and a certain quantity of Batley’s liquor of opium. He obtained them, paid for them, and went away. Presently Mr. Newton returned, and being struck with the fact of Palmer’s dealing with Hawkings, asked out of passing curiosity what he had come for, and was informed.

And here I must mention a fact of some importance respecting Mr. Newton. When examined before the coroner, that gentleman only deposed to one purchase of strychnine by Palmer at Mr. Salt’s surgery, and it was only as recently as yesterday that with many expressions of contrition for not having been more explicit, he communicated to the Crown the fact that Palmer had also bought strychnine on Monday night. It is for you, gentlemen, to decide the amount of credit to be attached to this evidence; but you will bear in mind that whatever you may think of Mr. Newton’s testimony, that of Mr. Roberts, on whom there is no taint or shadow of suspicion, is decisive with respect to the purchases which the prisoner made on Tuesday at the shop of Mr. Hawkings. I now resume the story of Tuesday’s proceedings with the observation that Cook was entitled to receive the stakes he had won at Shrewsbury. On that day Palmer sent for Mr. Cheshire, the postmaster of Rugeley. He owed Cheshire £7 odd, and the latter, supposing that he was about to be paid, came with a stamped receipt in his hand. Palmer produced a paper, and remarking “that Cook was too ill to write himself,” told Cheshire to draw a cheque on Weatherby’s in his (Palmer’s) favour for £350. Cheshire thereupon filled up a piece of paper purporting to be the body of a cheque, addressed in the manner indicated to the Messrs. Weatherby, and concluding with the words, “and place the same to my account.” Palmer then took the document away, for the purpose, as he averred, of getting Cook’s signature to it. What became of it I do not undertake to assert; but of this there is no question, that by that night’s post Palmer sent up to Weatherby’s a cheque which was returned dishonoured. Whether it was genuine, or like so many other papers with which Palmer had to do, forged, is a question which you will have to determine. And now, returning to Cook, it may be observed that in the course of that morning coffee and broth were sent him by Palmer, and, as usual, vomiting ensued and continued through the whole of the afternoon.

And now a new person makes his appearance on the stage. You must know that on Sunday, Palmer wrote to Mr. W. H. Jones, a surgeon, of Lutterworth, desiring him to come over to see Cook. Cook was a personal friend of Mr. Jones, and had occasionally been in the habit of residing at his house. It is deserving of remark that Palmer, in his letter to Jones, describes Cook as “suffering from a severe bilious attack accompanied with diarrhœa,” adding, “it is desirable for you to come and see him as soon as possible.” Whether this communication is to be interpreted in a sense favourable to the prisoner, or whether it is to be taken as indicating a deep design to give colour to the idea that Cook died a natural death, it is at least certain that the statement that Cook had been “suffering from a bilious attack attended with diarrhœa,” was utterly untrue. Mr. Jones being himself unwell, did not come to Rugeley till Tuesday. He arrived at about three o’clock on that day, and immediately proceeded to see his sick friend. Palmer came in at the same moment, and they both examined the patient. Mr. Jones paid particular attention to the state of his tongue; remarked, “That is not the tongue of bilious fever.”

About seven o’clock that same evening Dr. Bamford called, and found the patient pretty well. Subsequently the three medical men (Palmer, Bamford, and Jones) held a consultation, but before leaving the bedroom for that purpose, Cook beckoned to Palmer, and said, “Mind, I will have no more pills or medicine to-night.” They then withdrew and consulted. Palmer insisted on his taking pills, but added, “Let us not tell him what they contain, as he fears the same results that have already given him such pain.” It was agreed that Dr. Bamford should make up the pills, which were to be composed of the same ingredients as those that had been administered on the three preceding evenings. The doctor repaired to his surgery, and made them up accordingly. He was followed by Palmer, who asked him to write the directions how they were to be taken. Dr. Bamford, though unable to understand the necessity of his doing so, under the circumstances, complied with Palmer’s request, and wrote on the box that the pills were to be taken at “bed-time.” Palmer then took them away, and gave either those pills or some others to Cook that night. It is remarkable, however, that half or three-quarters of an hour elapsed from the time he left Dr. Bamford’s surgery until he brought the pills to Cook. When, at length, he came, he produced two pills, but before giving them to Cook he took especial care to call Mr. Jones’s attention to the directions on the lid, observing that the writing was singularly distinct and vigorous for a man upwards of eighty. If the prisoner be guilty, it is a natural presumption that he made this observation with the view of identifying the pill-box as having come from Dr. Bamford, and so averting suspicion from himself. This was about half-past ten at night. The pills were then offered to Cook, who strongly objected to take them, remarking that they had made him ill the night before. Palmer insisted, and the sick man at last consented to take them. He vomited immediately after, but did not bring up the pills. Jones then went down and took his supper, and he will tell you that up to the period when the pills were administered, Cook had been easy and cheerful, and presented no symptom of the approach of disease, much less of death. It was arranged that Jones should sleep in the same room with Cook, and he did so; but he had not been more than fifteen or twenty minutes in bed when he was aroused by a sudden exclamation, and a frightful scream from Cook, who, starting up, said, “Send for the doctor immediately; I am going to be ill, as I was last night.” The chambermaid ran across the road, and rang the bell of Palmer’s house, and in a moment Palmer was at the window. He was told that Cook was again ill. In two minutes he was by the bedside of the sick man, and, strangely, volunteered the observation, “I never dressed so quickly in my life.” It is for you, gentlemen, to say whether you think he had time to dress at all. Cook was found in the same condition, and with the same symptoms as the night before, gasping for breath, screaming violently, his body convulsed with cramps and spasms, and his neck rigid. Jones raised him and rubbed his neck. When Palmer entered the room, Cook asked him for the same remedy that had relieved him the night before. “I will run back and fetch it,” said Palmer, and he darted out of the room. In the passage he met two female servants, who remarked that Cook was as “bad” as he had been last night. “He is not within fifty times as bad as he was last night; and what a game is this to be at every night!” was Palmer’s reply. In a few minutes he returned with two pills, which he told Jones were ammonia, though I am assured that it is a drug that requires much time in the preparation, and can with difficulty be made into pills. The sick man swallowed these pills, but brought them up again immediately.

And now ensued a terrible scene. He was instantly seized with violent convulsions; by degrees his body began to stiffen out; then suffocation commenced. Agonised with pain, he repeatedly entreated to be raised. They tried to raise him, but it was not possible. The body had become rigid as iron, and it could not be done. He then said, “Pray, turn me over.” They did turn him over on the right side. He gasped for breath, but could utter no more. In a few moments all was tranquil--the tide of life was ebbing fast. Jones leant over him to listen to the action of the heart. Gradually the pulse ceased--all was over--he was dead. (Sensation.) I will show you that his was a death referable in its symptoms to the tetanus produced by strychnine, and not to any other possible form of tetanus. Scarcely was the breath out of his body when Palmer begins to think of what is to be done. He engages two women to lay out the corpse, and these women, on entering the room, find him searching the pockets of a coat which, no doubt, belonged to Cook, and hunting under the pillows and bolsters. They saw some letters in the mantel-shelf, which, in all probability, had been taken out of the dead man’s pocket; and, what is very remarkable is, that from that day to this, nothing has been seen or heard either of the betting-book or of any of the papers connected with Cook’s money affairs. On a subsequent day (Thursday) he returned, and, on the pretence of looking for some books, and a paper knife, rummaged again through the documents of the deceased. On the 25th of November he sent for Cheshire, and, producing a paper purporting to bear the signature of Cook, asked him to attest it. Cheshire glanced over it. It was a document in which Cook acknowledged that certain bills, to the amount of £4,000 or thereabouts, were bills that had been negotiated for his (Cook’s) benefit, and in respect of which Palmer had received no consideration. Such was the paper to which, forty-eight hours after the death of the man whose name it bore, Palmer did not hesitate to ask Cheshire to be an attesting witness. Cheshire, though unfortunately for himself, too much the slave of Palmer, peremptorily refused to comply with this request; whereupon Palmer carelessly observed, “It is of no consequence; I dare say the signature will not be disputed, but it occurred to me that it would look more regular if it were attested.”

On Friday Mr. Stevens, Cook’s father-in-law, came down to Rugeley, and, after viewing the body of his relative, to whom he had been tenderly attached, asked Palmer about his affairs. Palmer assured him that he held a paper drawn up by a lawyer, and signed by Cook, stating that, in respect of £4,000 worth of bills, he (Cook) was alone liable, and that Palmer had a claim to that amount against his estate. Mr. Stevens expressed his amazement, and replied that there would not be 4,000 shillings for the holders of the bills. Subsequently Palmer displayed an eager officiousness in the matter of the funeral, taking upon himself to order a shell and an oak coffin without any directions to that effect from the relatives of the deceased, who were anxious to have the arrangements in their own hands. Mr. Stevens ordered dinner at the hotel for Bamford, Jones, and himself, and, finding Palmer still hanging about him, thought it but civil to extend the invitation to him. Accordingly they all sat down together. After dinner, Mr. Stevens asked Jones to step upstairs and bring down all books and papers belonging to Cook. Jones left the room to do so, and Palmer followed him. They were absent about ten minutes, and on their return Jones observed that they were unable to find the betting-book or any of the papers belonging to the deceased. Palmer added, “The betting-book would be of no use to you if you found it, for the bets are void by his death.” Mr. Stevens replied, “The book must be found;” and then Palmer, changing his tone, said, “Oh, I dare say it will turn up.” Mr. Stevens then rang the bell, and told the housekeeper to take charge of whatever books and papers had belonged to Cook, and to be sure not to allow any one to meddle with them until he came back from London, which he would soon do, with his solicitor. He then departed, but, returning to Rugeley after a brief interval, declared his intention to have a _post mortem_ examination. Palmer volunteered to nominate the surgeons who should conduct it, but Mr. Stevens refused to employ any one whom he should recommend. On Sunday, the 26th, Palmer called on Dr. Bamford, and asked him for a certificate attesting the cause of Cook’s death. The doctor expressed his surprise, and observed, “Why, he was your patient?” But Palmer importuned him, and Bamford taking the pen filled up the certificate, and entered the cause of death as “apoplexy.” Dr. Bamford is upwards of 80, and I hope that it is to some infirmity connected with his great age that this most unjustifiable act is to be attributed. However, he shall be produced in court, and he will tell you that apoplexy has never been known to produce tetanus. In the course of the day Palmer sent for Newton, and after they had had some brandy-and-water, asked him how much strychnine he would use to kill a dog. Newton replied, “from half-a-grain to a grain.” “And how much,” inquired Palmer, “would be found in the tissues and intestines after death?” “None at all,” was Newton’s reply; but that is a point on which I will produce important evidence.

The _post mortem_ examination took place the next day, and on that occasion Palmer assured the medical men, of whom there were many present, that Cook had had epileptic fits on Monday and Tuesday, and that they would find old disease in the heart and head. He added that the poor fellow was “full of disease,” and had “all kinds of complaints.” These statements were completely disproved by the _post mortem_ examinations. At the first of them, conducted by Dr. Devonshire, the liver, lungs, and kidneys were all found healthy. It was said that there were some slight indications of congestion of the kidneys, whether due to decomposition or to what other cause was not certain; but it was admitted on all hands that they did not impair the general health of the system, or at all account for death. The stomach and intestines were examined, and they exhibited a few white spots at the large end of the stomach, but these marks were wholly insufficient to explain the cause of dissolution. Dr. Bamford contended that there was some slight congestion of the brain, but all the other medical men concurred in thinking that there was none at all. In the ensuing month of January the body was exhumed with a view to more accurate examination, and the body was then found to be in a perfectly normal and healthy condition. Palmer seemed rejoiced at the discovery, and, turning to Dr. Bamford, exclaimed, “Doctor, they won’t hang us yet!” The stomach and intestines were taken out and placed in a jar, and it was observed that Palmer pushed against the medical man who was engaged in the operation, and the jar was in danger of being upset. It escaped, however, and was covered with skins, tied down, and sealed. Presently one of the medical men turned round, and finding that the jar had disappeared, asked what had become of it. It was found at a distance, near a different door from that through which people usually passed in and out, and Palmer exclaimed, “It’s all right. It was I who removed it. I thought it would be more convenient for you to have it here, that you might lay your hands readily on it as you went out.” When the jar was recovered it was found that two slits had been cut in the skins with a knife. The slits, however, were clean, so that, whatever his object may have been in making the incisions, it is certain that nothing was taken out of the jar. He goes to Dr. Bamford, and remonstrates against the removal of the jars. He says, “I do not think we ought to allow them to be taken away.” Now, if he had been an ignorant person, not familiar with the course likely to be pursued by medical men under such circumstances, there might be some excuse for this; but it is for you to ask yourselves whether Palmer, himself a medical man, knowing that the contents of the jars were to be submitted to an analysis, might not have relied with confidence on the honour and integrity of the profession to which he belonged. You must say whether his anxiety to prevent the removal of the jars was not a sign of a guilty conscience. Dr. Bamford was a most respectable physician, and his character and position were well known to Palmer.

But the case does not stop here. The jar was delivered to Mr. Boycott, the clerk to Mr. Gardner, the solicitor. Palmer, finding that it was to be sent to London for chymical analysis, was extremely anxious that it should not reach its destination. It was going to be conveyed by Mr. Boycott to the Stafford station in a fly, driven by a post-boy. Palmer goes to this post-boy, and asks him whether it is the fact that he is going to drive Boycott to Stafford? He is answered in the affirmative. He then asks, “Are the jars there?” He is told that they are. He says, “They have no business to take them; one does not know what they may put in them. Can’t you manage to upset the fly and break them? I will give you £10, and make it all right for you.” The man said, “I shall do no such thing. I must go and look after my fly.” That man will be called before you, and he will have no interest to state anything but the truth. I have now gone through the painful history, yet there are some points of minor importance which I ought not altogether to pass over, as nothing connected with the conduct of a man conscious that an imputation of this kind rests upon him can be immaterial. After the _post mortem_ examination it was thought right to hold a coroner’s inquest. On two or three occasions in the course of that inquiry, Palmer sent presents to the coroner. The stomach of the deceased and its contents were sent to Dr. Taylor, and Dr. Rees, at Guy’s Hospital, who were known to be in communication with Mr. Gardner. A letter was sent by Dr. Taylor to Mr. Gardner, stating the result of the investigation; that letter was betrayed to Palmer by the postmaster, Cheshire, and Palmer then wrote to the coroner, telling him that Dr. Taylor and Dr. Rees had failed in finding traces of poison, and asking him to take a certain course with respect to the evidence. Why should he have done this if there had not been a feeling of uneasiness upon his mind? These matters must not be wholly overlooked, although I will not ask you to give them any undue importance. I should have told you, in addition, that the prisoner had no money prior to Shrewsbury races, while afterwards he was flush of cash. Sums of £100 and £150 were paid by him into the bank at Rugeley, two or three persons received sums of £10 each, and he seemed, in fact, to be giving away money right and left. I think I shall be able to show that he had something like £400 in his possession. Now, Cook had £700 or £800 when he left Shrewsbury on the Thursday morning. None is found. It may be that Cook, who, whatever his faults, was a kind-hearted creature, compassionating Palmer’s condition, and influenced by his representations, assisted him with money. That I do not know. I do not wish to strain the point too far, but one cannot imagine that Cook, who had no money but what he took with him to Shrewsbury, should have given Palmer everything and left himself destitute.

The case then stands thus:--Here is a man overwhelmed with pecuniary difficulties, obliged to resort to the desperate expedient of forging acceptances to raise money, hoping to meet them by the proceeds of the insurances he had effected upon a life. Disappointed in that expectation by the board; told by the gentleman through whom the bills had been discounted, “You must trifle with me no longer--if you cannot find money, writs will be served on you;” Cook’s name forged to an endorsement for £375; ruin staring him in the face--you, gentlemen, must say whether he had not sufficient inducement to commit the crime. He seems to have had a further object. No sooner is the breath out of the dead man’s body than he says to Jones, “I had a claim of £3,000 or £4,000 against him on account of bills.” Besides, he believed that Cook had more property than it turns out he really had. The valuable mare, Pole Star, belonged to him when the assignment had been paid off, and Palmer would have been glad to obtain possession of her. The fact, too, that Cook was mixed up in the insurance of Bates may lead one to surmise that he was in possession of secrets relating to the desperate expedients to which this man has resorted to obtain money. I will leave you to say whether this combination of motives may not have led to the crime with which he is charged. This you will only have to consider, supposing the case to be balanced between probabilities; but if you believe the evidence that will be given as to what took place on the Monday and the Tuesday--if you believe the paroxysms of the Monday, the mortal agony of the Tuesday--I shall show that things were administered, on both those days, by the hand of Palmer, by a degree of evidence almost amounting to certainty.

The body was submitted to a careful analysis, and I am bound to say that no trace of strychnine was found. But I am told that, although the presence of strychnine may be detected by certain tests, and although indications of its presence lead irresistibly to the conclusion that it has been administered, the converse of that proposition does not hold. Sometimes it is found, at other times it is not. It depends upon circumstances. A most minute dose will destroy life, from half to three-quarters of a grain will lay the strongest man prostrate. But in order to produce that fatal effect it must be absorbed into the system, and the absorption takes place in a greater or less period according to the manner in which the poison is presented to the surfaces with which it comes in contact. If it is in a fluid form it is rapidly taken up and soon produces the effect; if not, it requires to be absorbed, and the effects are a longer time in showing themselves. But in either case there is a difficulty in discovering its presence. If it acts only on the nervous system through the circulation, an almost infinitesimal dose will be present. And, as it is a vegetable poison, the tests which alone can be employed are infinitely more delicate and difficult than those which are applied to other poisons. It is unlike a mineral poison, which can soon be detected and reproduced. If the dose has been a large one death ensues before the whole has been absorbed, and a portion is left in the intestines; but if a _minimum_ dose has been administered a different consequence follows, and the whole is absorbed. Practical experience bears out the theory that I am enunciating. Experiments have been tried which show that where the same amount of poison has been administered to animals of the same species death will ensue in the same number of minutes, accompanied by precisely the same kinds of symptoms; while in the analysis afterwards made, the presence of poison will be detected in one case and not in another. It has been repeated over and over again that the scientific men employed in this case had come to the conclusion that the presence of strychnine cannot be detected by any tests known to science. They have been grievously misunderstood. They never made any such assertion. What they have asserted is this--the detection of its presence, where its administration is a matter of certainty, is a matter of the greatest uncertainty. It would, indeed, be a fatal thing to sanction the notion that strychnine, administered for the purpose of taking away life, cannot afterwards be detected! Lamentable enough is the uncertainty of detection! Happily, Providence, which has placed this fatal agent at the disposition of man, has marked its effects with characteristic symptoms distinguishable from those of all other agents by the eye of science.

It will be for you to say whether the testimony that will be laid before you with regard to those symptoms does not lead your mind to the conclusion that the deceased came to his death by poison administered to him by the prisoner. There is a circumstance which throws great light upon this part of the case. Some days before his death the man was constantly vomiting. The analysis made of his body failed to produce evidence of the presence of strychnine, but did not fail to produce evidence of the presence of antimony. Now, antimony was not administered by the medical men, and unless taken in a considerable quantity it produces no effect and is perfectly soluble. It is an irritant, which produces exactly the symptoms which were produced in this case. The man was sick for a week, and antimony was found in his body afterwards. For what purpose can it have been administered? It may be that the original intention was to destroy him by means of antimony--it may be that the only object was to bring about an appearance of disease so as to account for death. One is lost in speculation. But the question is whether you have any doubt that strychnine was administered on the Monday, and still more on the Tuesday when death ensued? And if you are satisfied with the evidence that will be adduced on that point, you must then determine whether it was not administered by the prisoner’s hand. I shall produce testimony before you in proof of the statements I have made, which I am afraid must occupy some considerable portion of your time; but in such an inquiry time cannot be wasted, and I am sure you will give it your most patient attention. I have the satisfaction of knowing that the prisoner will be defended by one of the most eloquent and able men who ever adorned the bar of this country or any other forum, and that everything will be done for him that can be done. If in the end all should fail in satisfying you of his guilt, in God’s name let not the innocent suffer! If, on the other hand, the facts that will be presented to you should lead you to the conclusion that he is guilty, the best interests of society demand his conviction.

The opening address of the Attorney-General occupied upwards of four hours in its delivery. At its conclusion (at a quarter past 2 o’clock) the jury retired for a short time for refreshment, and upon their return the following witnesses were called in support of the prosecution:--

ISMAEL FISHER, examined by Mr. E. JAMES: I am a wine merchant at 4 Victoria-street, City. I am in the habit of attending races and betting. I knew John Parsons Cook. I had known him for about two years before his death. I was at Shrewsbury races in November, 1855. I remember the Shrewsbury Handicap. It was won by the mare called Polestar, the property of Cook. It took place on Tuesday, November the 13th. I saw Cook upon the course. He looked as well as he had looked at any time since I had known him. I was stopping at the Raven Hotel at Shrewsbury. I know Palmer (the prisoner) very well. I have known him rather more than two years. Cook and Palmer were stopping at the same hotel, and occupied a room separated from mine only by a wooden partition. It was a sitting room, and they occupied it jointly. On the Wednesday night, between 11 and 12 o’clock, I went into the sitting-room. I found there Cook, Palmer, and Mr. Myatt, a saddler at Rugeley, a friend of Palmer’s. They had grog before them. I was asked to sit down by Cook, and I sat down. Cook asked Palmer to have some more brandy-and-water. Palmer said, “I will not have any more till you have drunk yours.” Cook said, “Then I will drink mine.” He took up his glass and drank the grog off immediately. He said within a minute afterwards, “There is something in it; it burns my throat dreadfully.” Palmer then got up, took the glass, sipped up what was left in it, and said, “There is nothing in it.” There was not more than a teaspoonful in the glass when he emptied it. In the mean time Mr. Read had come in. Palmer handed the glass to Read and to me, and asked if we thought there was anything in it. We both said the glass was so empty that we could not recognise anything. I said I thought there was rather a strong scent upon it, but I could not say it arose from anything but brandy.

Lord CAMPBELL: Did you put your lips to it?

WITNESS: I did not. It was completely drained. Within ten minutes I retired. Cook had left the room, and then came back and called me from it. We went to my own sitting room. He there told me he was very ill and very sick, and asked me to take his money.

Mr. E. JAMES: Did he state what he was suffering from?

Mr. Serjeant SHEE objected to this question.

Lord CAMPBELL: Surely his statement of the effect produced on him by what he had just swallowed is admissible.

Witness: He said he was very sick, and he thought “that d---- Palmer” had dosed him. He handed me over some money, between £700 and £800, in bank notes, to take care of. He did not sleep in the same room with Palmer. He was seized with vomiting after he had given me the money, and left the room. He afterwards came back to my room, and again complained of what he had been suffering. He asked me to go to his bedroom. I went with him. Mr. Jones, a law-stationer, went with me. He then vomited again violently, and was so ill that I sent for a doctor--Mr. Gibson, who came about half-past twelve or a quarter to one. I remained with Cook till two o’clock. I sent for Mr. Gibson a second time, and he sent some medicine, which Cook took. After seeing the doctor and taking the medicine he became more composed. Mr. Jones and I gave him the medicine. Next morning, about ten o’clock, I saw Palmer. I found him in my sitting-room when I came down stairs; he said, “Cook has been stating that I gave him something in his brandy. I never play such tricks with people. But I can tell you what he was. He was d----d drunk.” I should say Cook was certainly not drunk.

Lord CAMPBELL: Was he affected by liquor?

Witness: Not at all approaching drunkenness, my lord. Cook came into my bedroom before I was up the same morning. He was much better, but still looked ill. I gave him back his money. About three o’clock on that day (Thursday) I saw Cook on the race-course. He looked very ill. I had always settled Cook’s bets for him when he did not settle them himself. I saw his betting-book in his hand. It was dark in colour, and about half the size of this. (The witness here produced a small black pocketbook). On the 17th of November (Saturday), by Cook’s request, I paid Pratt £200. His account, in the ordinary course, would have been settled at Tattersall’s on Monday, the 19th. I advanced the £200 to pay Pratt. I knew that Cook had won at Shrewsbury, and I should have been entitled to deduct that £200 from his winnings, if I had settled his account at Tattersall’s. I did not settle that account, and I have not been paid my advance.

Cross-examined by Mr. Serjeant SHEE.--I had known Cook about two years, and Palmer longer. They were a good deal connected in racing transactions.

Do you know that they were partners?--I don’t remember settling any transactions in which they were jointly interested, and I don’t know that they owned horses jointly. They appeared very intimate and were much together, generally staying at the same hotels. I was not at the Worcester meeting. I don’t know whether Palmer won at Shrewsbury as well as Cook. The races began on the Tuesday about 2 o’clock. Polestar ran about an hour afterwards, but I cannot tell the exact time. I saw Cook on the course after the race, and he appeared much elated. Polestar won easily. In the evening, when I went into the sitting-room, there was a candle on the table. A glass was ordered for me when I sat down. I don’t remember drinking anything, but I cannot swear that I did not. I am a good judge of brandy by the smell. I said there was nothing particular in the smell, but the glass was so completely drained, that there was very little to smell. I counted the money Cook gave me. I had been at the Unicorn that evening quite an hour before. I dined at the Raven about 6 o’clock. I did not see Cook after the race on the Wednesday, till I saw him at the Unicorn, between 9 and 10 o’clock in the evening. I merely looked into the room. I saw Sandars, the trainer, Cook, Palmer, and a lady. I can’t say whether they were drinking.

Did it happen that a good many people were ill on that Wednesday at Shrewsbury--I mean people connected with the races? No. I don’t know that there were. On the Wednesday it was damp underfoot, but I forget whether it rained. I saw Cook several times on the course. On the Thursday the weather was cold and damp. I don’t know that Cook and Palmer breakfasted together on the Thursday morning. On the 17th of November I received a letter from Cook. [The letter was read. It was dated, “Rugeley, Nov. the 16th,” and in it Cook said it was of very great importance to Palmer and to himself that £500 should be paid to Pratt on the next day, that £300 should be sent, and he would be greatly obliged if Fisher would pay the other £200 immediately on receipt of the letter, promising to give it him back on the following Monday at Tattersall’s. He added that he was much better.]

Re-examined by the ATTORNEY-GENERAL: I never intended to say that Cook and Palmer were partners.

Did you notice any change of feeling on the part of Cook towards Palmer?--He never had any great respect for Palmer, but I did notice a change in him. It was a handicap race that Polestar won. Palmer had a horse called Chicken, which ran on the Thursday and lost. He had betted upon the race. Cook was not more elated at winning than people usually are. I am not sure that I drank any brandy-and-water while I was staying at the Raven.

Thomas Jones, examined by Mr. WELSBY, said: I am a law stationer in Carey-street, London. I was at Shrewsbury races last November, and I lodged at the Raven. I arrived there on a Monday night. I supped with Cook, Herring, Fisher and Gravatt. Cook appeared well. I saw him on the Tuesday and Wednesday, and he then also seemed quite well. Fisher and I went to the Raven between eleven and twelve o’clock on Wednesday night. Read was there, and he invited Cook into my room. Palmer was also there. After the party broke up, Fisher came and told me something about Cook, in consequence of which I went with him to Cook’s bedroom. He complained of something burning at his throat and of vomiting. Some medicine was brought,--pills and a draught. Cook refused to take the pills. I then went to the doctor’s and got some liquid medicine, and gave him a small quantity in a wineglass. He was in bed. About a quarter of an hour afterwards he took the pills also, and I left him. Between six and seven o’clock next morning I saw him again. He said he felt easier and better. He looked pale.

This witness was not cross-examined.

George Read, examined by Mr. BODKIN: I live in Victoria-street, near Farringdon-market. I keep a house frequented by sporting characters. I am acquainted with Palmer. I saw him at Shrewsbury races on Tuesday, as well as Cook. He appeared to be in his usual health. I saw him also the next day, and he was apparently in the same health. I stayed at the Raven. On the Wednesday night I went between eleven and twelve into the room in which were Palmer and Cook. There was more than one gentleman in the room. I had some brandy-and-water there. I saw that Cook was in pain almost immediately after I entered. He said to us there is something in the brandy-and-water. Palmer handed me the glass after it had been emptied. I said, “What is the use of examining a glass which is empty?” I believe Cook left the room. I did not see him again. I saw him on the following morning at eleven o’clock. He was in his sitting-room. He said in my hearing that he was very ill.

Cross-examined: On Tuesday he was as well as usual. He never looked a strong man, but one having delicate health. He was not in the habit of complaining of ill-health.

By the COURT: I had some of the brandy-and-water, and it did not make me ill.

Re-examined by the ATTORNEY-GENERAL: My brandy was taken from another decanter, which was sent for when I went in. Cook appeared to be a delicate man, but I never knew anything to be the matter with him. He frequented races everywhere. I never knew him prevented by illness from going to races.

WILLIAM SCAIFE GIBSON: I am assistant to Mr. Heathcote, surgeon, of Shrewsbury. On the 14th of November last I was sent for, and went to the Railway Hotel, Shrewsbury, between twelve and one o’clock at night. I saw Mr Cook there. He was in his bedroom, but not in bed. He complained of pain in his stomach, and heat in his throat. He also said he thought he had been poisoned. I felt his pulse and looked at his tongue, which was perfectly clean. He appeared much distended about the abdomen. I recommended an emetic. He said that he could make himself sick with warm water. I sent the waitress for some. She brought about a pint. I recommended him to use a feather. He said he could do it with the handle of a toothbrush. He drank all the warm water. Having used the toothbrush he was sick. I examined the vomit; it was perfectly clear. I then told him I would send him some medicine. I sent him two pills and a draught. The pills were a compound rhubarb pill and a three-grain calomel pill. They were ordered to be taken immediately, and the draught, which was sennica--a compound of senna, magnesia, and aromatic spirit--was to be taken twenty minutes afterwards. It was what is called a black draught. Half an hour afterwards I gave to Jones, for Cook, an anodyne draught. I did not see Cook afterwards.

Cross-examined by Mr. Serjeant SHEE: Did you form any opinion as to what was the matter with Cook?--I treated it as a case of poisoning.

Did you observe anything in the vomit which led you to believe he had been poisoned?--Nothing at all.

Did he appear to have been drinking?--He appeared to be a little excited, but he was quite sensible what he was doing and saying.

By “excited” do you mean to say he was tipsy?--No; but his brain had been stimulated with brandy-and-water. The idea of having taken poison would have some effect upon it.

In your judgment, was what you had prescribed a good thing, supposing Cook had taken poison?--According to the symptoms, I should say it was.

Would it not have been better to get the poison up at once, if possible?--He threw up the warm water.

Lord CAMPBELL: Did that cleanse the stomach?--Yes.

Cross-examination continued: Yet you thought calomel necessary?--Yes; on account of the distended state of the bowels.

Did you see anything like bile in the basin?--There was some on the edge of the basin, but it must have been thrown up before he took the warm water.

Re-examined by the ATTORNEY-GENERAL: The piece of bile was about the size of a pea? The water thrown up was perfectly clean. Cook’s tongue was quite clean.

Is that usual in the case of a bilious attack?--If the stomach had been wrong any length of time the tongue would have been discoloured.

ELIZABETH MILLS examined by Mr. JAMES: In November last I was chambermaid at the Talbot Arms, Rugeley. I had been so about two years. I knew the prisoner Palmer, who was in the habit of coming to the Talbot Arms. I also knew Cook, the deceased. On Thursday, the 15th of November, he came to the Talbot Arms. He came between nine and ten o’clock at night. The prisoner was with him. They came in a fly. Cook went to bed at half-past ten o’clock. When Cook arrived he said he had been poorly, and was poorly then. I don’t remember seeing Palmer after he got out of the fly. About twelve o’clock on the following day I took Cook some hot water, and he went out about one o’clock. He then appeared poorly. He said he felt no worse, but was not well. He returned about ten o’clock in the evening. In about half an hour he went to bed. I asked him if he felt any worse than when he went out in the morning. He said he did not. He said that he had been dining with Palmer. He was perfectly sober. He asked me for an extra piece of candle to read by. I saw no more of him that night. On Saturday morning, about eight o’clock, I saw Palmer at the Talbot Arms. I do not know whether Cook had sent for him. Palmer ordered from me a cup of coffee for Cook. I gave it to Cook in the bedroom. I believe Palmer was then in the room. I left the coffee in Cook’s hands, but did not see him drink it. Afterwards I went upstairs, and found the coffee in the chamber utensil. That might be an hour, or it might be a couple of hours after I had taken up the coffee. The utensil was on the table by the side of the bed. I do not remember that I spoke to Palmer, nor he to me, about this. I did not see any toast and water in the bed-room; but a jug, not belonging to the inn, was about ten o’clock in the evening sent down for some fresh toast-and-water. The waitress, Lavinia Barnes, brought it down. I am sure the jug, which was brought down from Cook’s room, did not belong to the Talbot Arms. I saw Palmer go in and out of Cook’s room, perhaps, four or five times on that Saturday. I heard Palmer tell Cook that he would send him over some broth. I saw some broth in the kitchen, which some person had brought there ready made. After Barnes had taken some broth up, ten minutes or a quarter of an hour after the broth came over, I met Palmer going upstairs towards Cook’s room. He asked if Mr. Cook had had his broth? I told him I was not aware that any had come for him. While I was speaking, Lavinia Barnes came out of the commercial-room, and said she had taken the broth up to Cook when it came, but that he refused to take it, saying it would not stay on his stomach. Palmer said that I must go and fetch the broth; he (Cook) must have it. I fetched the broth and took it into Cook’s room. Palmer was there. I cannot say whether it was to him or Cook that I gave the broth, but I left it there. I am sure that this was some of the broth which had been sent in. Some time afterwards (about an hour or two), I went up to Cook’s room again, and found that the broth had been vomited. About six o’clock in the evening, some barley-water was made for Cook. I took it up to him. I cannot say whether Palmer was with him. I cannot say whether or not that barley-water stayed upon Cook’s stomach. At eight o’clock in the evening some arrowroot was made in the kitchen. I took it up to Cook. I cannot say whether Palmer was there, nor can I remember whether the arrowroot remained on Cook’s stomach.