Chapter IV: Part 4

Palmer came very soon (two or three minutes at the utmost) after the chambermaid went for him. He said, “I never dressed so quickly in my life.” I did not observe how he was dressed. He gave Cook two pills, which he told me were ammonia pills. Cook swallowed them. Directly he did so he uttered loud screams, threw himself back in the bed, and was dreadfully convulsed. That could not have been the result of the action of the pills last taken. Cook said, “Raise me up! I shall be suffocated.” That was at the commencement of the convulsions, which lasted five or ten minutes. The convulsions affected every muscle of the body, and were accompanied by stiffening of the limbs. I endeavoured to raise Cook, with the assistance of Palmer, but found it quite impossible, owing to the rigidity of the limbs. When Cook found we could not raise him up, he asked me to turn him over. He was then quite sensible. I turned him on to his side. I listened to the action of his heart. I found that it gradually weakened, and asked Palmer to fetch some spirits of ammonia, to be used as a stimulant. Palmer went to his house and fetched the bottle. He was away a very short time. When he returned the pulsations of the heart were gradually ceasing, and life was almost extinct. Cook died very quietly a very short time afterwards. From the time he called to me to that of his death there elapsed about ten minutes or a quarter of an hour. He died of tetanus, which is a spasmodic affection of the muscles of the whole body. It causes death by stopping the action of the heart. The sense of suffocation is caused by the contraction of the respiratory muscles. The room was so dark that I could not observe what was the outward appearance of Cook’s body after death. When he threw himself back in bed he clinched his hands, and they remained clinched after death. When I was rubbing his neck, his head and neck were unnaturally bent back by the spasmodic action of the muscles. After death his body was so twisted or bowed that if I had placed it upon the back it would have rested upon the head and the feet.

By Lord CAMPBELL: When did you first observe that twisting or bowing?--When Cook threw himself back in bed.

Examination resumed: The jaw was effected by the spasmodic action. Palmer remained half-an-hour or an hour after Cook’s death. I suggested that we should have some women to lay Cook out. I left the room to speak to the housekeeper about this. Seeing two maids on the landing, I sent them into the room where Palmer was with Cook’s body. I went downstairs and spoke to the housekeeper, and then returned to the bedroom. When I went back, Palmer had Cook’s coat in his hand. He said to me, “You, as his nearest friend, had better take possession of his effects.” I took Cook’s watch and his purse, containing five sovereigns and five shillings, which was all I could find. I saw no betting-book, nor any papers or letters belonging to Cook. I found no bank notes.

Before Palmer left, did he say anything to you on the subject of affairs between himself and Cook?--He did. Soon after Cook’s death, he said, “It is a bad thing for me that Mr. Cook is dead, as I am responsible for £3,000 or £4,000, and I hope Mr. Cook’s friends will not let me lose it. If they do not assist me, all my horses will be seized.” He said nothing about securities or papers. I was present when Mr. Stevens, Cook’s stepfather, came. Palmer said that if Mr. Stevens did not bury Cook he should. I do not recollect that there was any question about burying him. Mr. Stevens, Palmer, Mr. Bamford, and myself, dined together. After dinner, Mr. Stevens, in Palmer’s presence, asked me to go and look for Cook’s betting-book. I went to look for it, and Palmer followed me. The night that Cook died the betting-book was mentioned.

What was said about it?--Palmer said that it would be of use to no one.

What led to this?--My taking possession of the effects.

Did you make any observation about the book?--I cannot recollect.

Did you find it?--No.

Did you make any remark?--No particular remark.

Did Palmer know what you were looking for?--Yes.

How?--I said, “Where is the betting-book?” Upon that he said, “It is of no use to anyone.”

You are sure he said that?--Yes. When I went to look for the book, at Mr. Stevens’ request, Palmer followed me. I looked for the book for two or three minutes, but did not find it. I told the maidservants that I could not find it. Palmer returned with me to the dining-room, and I told Mr. Stevens that I could not find the book.

By Lord CAMPBELL: When Palmer, Mr. Bamford, and myself, held the consultation on the landing on the Tuesday night, nothing was said about the spasms of the night before.

Cross-examined by Mr. Serjeant SHEE: I am a regular medical practitioner, and have for 15 years practised medicine as a means of gaining a living. I am a licentiate of the Apothecaries Company, and have endeavoured, both as a young man and since, to qualify myself for my profession. When I saw Cook his throat was slightly ulcerated, but he could swallow very well, although with a little pain. I know that he had applied caustic to his tongue, but he had ceased to do so for two months. He did not after that continue to complain of pain in his throat or tongue. I saw him frequently during the races, and never heard him express any apprehension about spots which appeared upon his body, although he did express apprehensions of secondary symptoms resulting from syphilis. I am not aware that at the time he died he was suffering from the venereal disease, but I know that he had it about a twelvemonth ago. He had been reduced in circumstances some time before he died, but he was redeeming them. I do not know that he was frequently in want of small sums of money. I believe that he owned a mare, in conjunction with Palmer, named Pyrrhine, which was under the care of Sandars, the trainer. The race which Polestar won was a matter of very great importance to the deceased. He was much excited at the race, and more particularly so after it. Deceased was a very temperate man, and did not exceed in wine on the evening of the race. The next I heard of him was through the letter from Palmer. Palmer knew perfectly well who I was, and that I was in practice as a surgeon at Lutterworth. When I saw deceased he objected to take morphia pills, because they had made him ill the night before. He did not say that Dr. Savage had forbidden him to take the morphia, but he said that he had been directed not to take mercury or opium. The effect of morphia would be to soothe and to cause slight constipation. When I saw him and he roused up a little, he said, “Palmer, give me the remedy you gave me last night.” I rubbed the deceased’s neck for about five minutes. He died very quietly. I had seen cases of tetanus before. I think I mentioned tetanus at the inquest. I am sure if you refer to my depositions, you will find that I mentioned tetanus and convulsions both. (The depositions were referred to, and there was no mention of tetanus in them.) Witness continued, however, “I am sure that I mentioned tetanus.”

The ATTORNEY-GENERAL: I must set this right. I have here the original deposition, and I find that the matter stands thus:--“There were strong symptoms of”--then there is the word “compression” struck out; and then there is the word “tetinus” also struck out--it is evident that the clerk did not know the meaning of what he was writing--and then the words “violent convulsions” are added; so that the sentence stands, “There were strong symptoms of violent convulsions.”

By Mr. Serjeant SHEE: I also said before the coroner that I could not tell the cause of death, and that I imagined at the time that it was from over excitement.

The LORD CHIEF JUSTICE said, that the learned counsel must not read detached portions of the depositions--the whole must be read. (The depositions were accordingly read by the Clerk of the Arraigns.)

Cross-examination continued: I do not recollect that I ever said that deceased died of epilepsy. Dr. Bamford said that he died in an apoplectic fit, and I said that I thought he did not. I said that I thought it was more like an epileptic than an apoplectic fit. I do not know Mr. Pratt, but I took a letter from him to Cook. Cook did not open it, but said, “I know the contents of it--let it be till to-morrow morning.” I have seen Palmer’s racing establishment at Rugeley. I saw a number of mares in foal, and others in the paddock, and some very valuable horses. The stables were good, and the establishment appeared to be a large and expensive one.

Re-examined by the ATTORNEY-GENERAL: I am not a good judge of the value of racing horses, but I understand other horses very well. I have only seen one case of tetanus, and that case resulted from a wound. The patient in that case lasted three days before death ensued. I am satisfied that the death of Mr. Cook did not arise from epilepsy. In epilepsy consciousness is lost, but there is no rigidity or convulsive spasm of the muscles. The symptoms are quite different. I am equally certain that death was not the result of apoplexy.

LAVINIA BARNES was recalled, at the instance of Mr. Serjeant SHEE, and in answer to the learned Serjeant, she said: On Monday morning Mr. Cook said to me that he had been very ill on Sunday night, just before twelve o’clock, and that he had rung the bell for some one to come to him; but he thought that they had all gone to bed.

ELIZABETH MILLS, recalled by the ATTORNEY-GENERAL, and examined on the same point: I remember on Monday morning asking Mr. Cook how he was, and he said that he had been disturbed in the night, adding, “I was just mad for two minutes.” I said, “Why did you not ring the bell?” and he replied, “I thought you would be all fast asleep, and would not hear me. The illness passed away, and I managed to get over it without.” He also said that he thought he had been disturbed by the noise of a quarrel in the street.

Dr. HENRY SAVAGE, physician, of 7, Gloucester-place, examined by the ATTORNEY-GENERAL: I knew John Parsons Cook. He had been in the habit of consulting me professionally during the last four years. He was a man, not of robust constitution; but his general health was good. He came to me in May, 1855, but I saw him about November of the year before, and early in the spring of 1855. In the spring of 1855 the old affair--indigestion--was one cause of his visiting me, and he had some spots upon his body, about which he was uneasy. He had also two shallow ulcers on his tongue, which corresponded with two bad teeth. He said that he had been under a mild mercurial course, and he imagined that those spots were syphilitic. I thought they were not, and I recommended the discontinuance of mercury. I gave him quinine as a tonic, and an aperient composed of cream of tartar, magnesia, and sulphur. I never at any time gave him antimony. Under the treatment which I prescribed the sores gradually disappeared, and they were quite well by the end of May. I saw him, however, frequently in June, as he still felt some little anxiety about the accuracy of my opinion. If any little spot made its appearance he came to me, and I also was anxious on the subject, as my opinion differed from that of another medical man in London. Every time he came to me I examined him carefully. There were no indications of a syphilitic character about the sores, and there was no ulceration of the throat, but one of the tonsils was slightly enlarged and tender. I saw him last alive, and carefully examined him, either on the 3rd or 5th of November. There was in my judgment no venereal taint about him at the time.

Cross-examined by Mr. Serjeant SHEE: I do not think that the deceased was fond of taking mercury before I advised him against it; but he was timid on the subject of his throat, and was apt to take the advice of any one. No; I don’t think that he would take quack medicines. I don’t think he was so foolish as that.

CHARLES NEWTON, called and examined by Mr. JAMES, Q.C.--I am assistant to Mr. Salt, a surgeon at Rugeley. I know the prisoner, William Palmer. I remember Monday, the 19th of November. I saw Palmer that evening at Mr. Salt’s surgery about nine o’clock. I was alone when he came there. He asked me for three grains of strychnine, and I weighed it accurately and gave it to him, enclosed in a piece of paper. He said nothing further, but “Good night,” and took it away with him. I knew him to be a medical man, and gave it him,--made no charge for it. The whole transaction did not occupy more than two or three minutes. I again saw Palmer on the following day, between eleven and twelve o’clock. He was then at the shop of Mr. Hawkins, a druggist. He asked me how I was, and put his hand upon my shoulder, and said he wished to speak with me. Accordingly I went out into the street with him, and he then asked me when Mr. Edwin Salt was going to his farm. The farm in question was at a place about fourteen miles distant from Rugeley. Palmer had nothing whatever to do with that farm; but Mr. Salt’s going there was a rumour of the town. While we were talking, a Mr. Brassington came up and spoke to me, and during our conversation Palmer went into Hawkins’ shop again. Palmer came out of the shop a second time, while I was still talking to Brassington. I am not sure whether Palmer spoke to me at that time; but he went past me in the direction of his own house, which is about 200 yards from Hawkins’. I then went into Hawkins’ shop, where I saw Roberts, Mr. Hawkins’ apprentice, and I had some conversation with him about Palmer. I knew a man named Thirlby, who had been an assistant and a partner of Palmer. Palmer usually dealt with Thirlby for his drugs--in fact, Thirlby dispensed Palmer’s medicine. On Sunday, the 25th of November, about seven o’clock in the evening, I was sent for and went to Palmer’s house. I found Palmer, when I got there, in his kitchen. He was sitting by the fire, reading. He asked me how I was, and to have some brandy-and-water. No one else was present. He asked me what was the dose of strychnine to give to kill a dog? I told him a grain. He asked me what would be the appearance of the stomach after death? I told him that there would be no inflammation, and that I did not think it could be found. Upon that he snapped his finger and thumb in a quiet way, and exclaimed, as if communing with himself, “That’s all right.” (Sensation.) He made some other remarks of a commonplace character, which I do not recollect. I was with him altogether about five minutes.

On the following day, Monday, the 26th of November, I heard that a _post mortem_ examination was to take place. I went to Dr. Bamford’s house, intending to accompany him to the _post mortem_, and I found Palmer there in the study. That was about ten o’clock in the day. Palmer asked me what I wanted? I told him that I had come to attend the _post mortem_. He asked whether I thought Mr. Salt was going; and I replied that he was engaged, and could not go. I took the necessary instruments with me, and went down to the Talbot Arms. Dr. Harland, and Mr. Frere, a surgeon, practising at Rugeley, were both there. They went away, however, for a short time, and left Palmer and me together in the entrance to the hall at the Talbot Arms. He spoke to me. He said--“It will be a dirty job; I will go and have some brandy.” I went with him to his house, which was just opposite. He gave me two wine glasses of neat brandy, and he took the same quantity himself. He said, “You’ll find this fellow suffering from a diseased throat--he has had syphilis, and has taken a great deal of mercury.” I afterwards went over with Palmer to the _post mortem_, and found the other doctors there. During the _post mortem_, Palmer stood near to Dr. Bamford, against the fire. I was examined before the coroner, and did not state before that functionary that I had given Palmer three grains of strychnine on the night of the 19th of November. The first person that I told of it was Cheshire, the postmaster.

Mr. Sergeant SHEE objected to anything that this witness had said to Cheshire being admitted as evidence against the prisoner.

The COURT ruled in favour of the objection.

Cross-examined by Mr. GROVE, Q.C.: It might have been a week or two or three days after I gave Palmer the strychnine that I first mentioned the occurrence to any one. I think I may undertake to say that it was not a fortnight afterwards. Subsequently to the inquest I was examined for the purpose of giving evidence on the part of the Crown. I cannot say how long after the inquest that was. When I was first examined on behalf of the Crown, I did not mention the three grains of strychnine, but I did mention the conversation about the poisoning of the dog. That was not the first time that I had mentioned that conversation; for I had mentioned it before to Mr. Salt; but I cannot tell how long before. I was examined twice for the purpose of the prosecution by the Crown. I did not mention Cook’s suffering from sore throat at the inquest, but I did mention the conversation which took place at Hawkins’s shop. At that time I knew it had been alleged that Palmer had purchased strychnine at Hawkins’s, and I presumed that my evidence was required with reference to that point. I first stated on Tuesday last, for the purposes of this prosecution, the fact of my having given Palmer three grains of strychnine. I cannot say whether in that examination I said that Palmer said, “You will find this ‘poor’ fellow suffering from a diseased throat.” I don’t know whether I said “poor fellow” or “rich fellow.”

Do you not know that there is a difference in the expression “fellow” and “poor fellow?”--I know that there is a difference between poor and rich. It is impossible to recollect all that I said upon every occasion.

Re-examined by the ATTORNEY-GENERAL: I did not mention the circumstance of my having given the strychnine to Palmer, because Mr. Salt, my employer, and Palmer were not friends, and I thought it would displease Mr. Salt if he knew that I had let Palmer have anything. I first mentioned it to Boycott, the clerk of Mr. Gardner, the solicitor, at the Rugeley station, where I and a number of other witnesses were assembled for the purpose of coming to London. As soon as I arrived in London, Boycott took me to Mr. Gardner’s. I communicated to him what I had to say; and I was then taken to the Solicitor of the Treasury, and I made the same statement to him.

Mr. Serjeant SHEE: Have you not given another reason for not mentioning the occurrence about the three grains of strychnine before--that reason being that you were afraid you could be indicted for perjury?--No, I did not give that as a reason, but I stated to a gentleman that a young man at Wolverhampton had been threatened to be indicted for perjury by George Palmer because he had said at the inquest upon Walter Palmer that he had sold the prisoner prussic acid, and he had not entered it in the book and could not prove it. I stated at the same time that George Palmer said he could be transported for it. I did not enter the gift of the three grains of strychnine from Mr. Salt’s surgery in a book. The inquest upon Walter Palmer did not take place till five or six weeks after the inquest upon Cook.

The COURT then adjourned at twenty-five minutes past six o’clock until the next day, the jury being conducted, as on the previous evening, to the London Coffeehouse in charge of the officers of the Court.

THIRD DAY, MAY 16.

The court was quite as full at the commencement of the proceedings this morning as it had been on either of the preceding days. The Earl of Derby, Earl Grey, and other noble lords were again present.

The jury took their seats shortly before ten o’clock. The learned judges, Lord Chief Justice Campbell, Mr. Baron Alderson, and Mr. Justice Cresswell, soon afterwards entered the court, accompanied by the Recorder and Sheriffs, and the prisoner was then placed at the bar. He appeared rather more anxious than on the two previous days, but was still calm and collected, and paid the greatest attention to the evidence.

Counsel for the Crown: The Attorney-General, Mr. E. James, Q.C., Mr. Bodkin, Mr. Welsby, and Mr. Huddleston. For the prisoner:--Mr. Serjeant Shee, Mr. Grove, Q.C., Mr. Gray, and Mr. Kenealy.

The next witness for the prosecution was CHARLES JOSEPH ROBERTS, examined by Mr. E. JAMES: In November last I was apprentice to Mr. Hawkins, a druggist, at Rugeley. I know Palmer. On Tuesday, November the 20th, between eleven and twelve in the day, he came into Mr. Hawkins’s shop. He first asked for two drachms of prussic acid, for which he had brought a bottle. I was putting it up when Newton, the assistant of Salt, came in. Palmer told him he wanted to speak to him, and they went out of the shop together. I then saw Brassington, the cooper, take Newton away from Palmer, and enter into conversation with him. Palmer then came back into the shop and asked me for six grains of strychnine and two drachms of Batley’s solution of opium (commonly called Batley’s sedative). I had put up the prussic acid, which was lying upon the counter. He stood at the counter when he ordered the things, and while I was preparing them behind the counter he stood at the shop door, with his back to me, looking into the street. I was about five minutes preparing them. He stood at the door till they were ready, when I delivered them to him--the prussic acid in the bottle he had brought, the strychnine in a paper, and the opium in a bottle. He paid me for them and took them away. No one else was in the shop from the time when Palmer and Newton went out till I delivered the things to him. When Palmer had left, Newton came in, and we had some conversation. I had at that time been six years in Mr. Hawkins’s employment. Palmer had not bought any drugs at the shop for about two years. I know Thirlby, Palmer’s assistant. He had started a shop about two years before.

By Lord CAMPBELL: Thirlby was carrying on business as a druggist at the time.

Cross-examined by Mr. Sergeant SHEE.--I did not make entries of any of these things in the books.

Re-examined: When articles are paid for across the counter I am not in the habit of making entries of them in the books.

The ATTORNEY-GENERAL stated that Dr. Bamford was seriously ill, and unable to attend, but his depositions would be read.

Mr. William STEVENS, examined by the ATTORNEY-GENERAL: I have been a merchant in the city, but am now out of business. Was stepfather to the deceased Mr. Cook. I married his father’s widow 15 (or 18) years ago, and have known him intimately ever since. I was made executor to his grandfather’s will. I was always on friendly terms with him, and constantly had the care of him. He had property worth altogether about £12,000. He was articled to a solicitor at Worthing, in Sussex, but he did not follow the profession. He had been connected with the turf about three or four years--perhaps not so much. I did everything in my power to withdraw him from that pursuit.

Lord CAMPBELL: But you still remained on friendly terms?

Witness: On affectionate terms. The last time I saw him alive was at the station at Euston-square, about two o’clock on the afternoon of the 5th of November. I think he told me he was going to Rugeley, but I am not quite sure; he looked better than I had seen him for a very long time. I was so gratified that I said, “My boy, you look very well now; you don’t look anything of an invalid.” He said he was quite well, and struck himself on the chest. I think he added he would be quite right if he was happy. In point of appearance he was not a robust man. His complexion was pale. During the previous winter he had had a sore throat for some months. I first heard of his death on the evening of Wednesday, November 21. Mr. Jones, of Lutterworth, called at my house and informed me of it. The next day I went down to Lutterworth with Mr. Jones for the purpose of searching for the will and papers. The day after I went to Rugeley. I arrived between twelve and one. I asked to see the body when I got to the inn. I met Palmer in the passage. I had seen him once before, and Mr. Jones introduced me to him. He followed us upstairs to see the body, and removed the sheet from it to rather below the waist. I was much struck with its appearance. I first noticed the tightness of the muscles across the face. There did not appear to me to be any emaciation or disease. We all went down stairs to one of the sitting-rooms. In a short time I said to Palmer, “I hear from Mr. Jones that you know something of my son’s affairs. Can you tell me anything about them?” He replied, “Yes; there are £4,000 worth of bills out of his, and I am sorry to say my name is to them; but I have got a paper drawn up by a lawyer, and signed by him, to show that I never had any money from them.” I expressed great surprise at this, and said, “I fear there won’t be 4000 shillings to pay you.” “But,” I asked, “had he no horses, no property?” Palmer replied, “Yes, he has some horses, but they are mortgaged.” I said, “Has he no sporting bets, nor anything of that sort?” He mentioned one debt of £300. I would rather not state the name of the person who owed it. It is a relation of his, not a sporting gentleman. (The witness wrote down the name and handed it to the counsel on both sides and the Judges).

Lord CAMPBELL: The name is immaterial.

Palmer said he did not know of any other debt. I said I thought his sporting creditors would have to take his sporting effects, as I should have nothing to do with them. I added, “Well, whether he has left anything or not, poor fellow, he must be buried.” Palmer immediately said, “Oh! I’ll bury him myself, if that’s all.” I said, “I certainly can’t think of your doing that; I shall do it.” Cook’s brother-in-law, who had come to meet me, was then present, and expressed a great wish to bury him. I said, “No; as his executor, I shall take care of that. I cannot have the funeral immediately, as I intend to bury him in London, in his mother’s grave. I shall be sorry to inconvenience the people here at the inn, but I will get it done as soon as possible.” Palmer said, “Oh! that’s of no consequence, but the body ought to be fastened up at once.” He repeated that observation--“So long as the body is fastened up, it is of no consequence.” While I was talking to Cook’s brother-in-law, Palmer and Jones left the room. They returned in about half an hour. I then asked Palmer for the name of some respectable undertaker in Rugeley, that I might at once order a coffin and give directions. He said, “I have been and done that. I have ordered a shell and strong oak coffin.” I expressed my surprise. I said, “I did not give you any authority to do so, but I must see the undertaker to let him have my instructions.” I think he told me the name of the undertaker. I ordered dinner for myself, my son-in-law, and Jones, and I asked Palmer to come in. We all dined together at the inn, about 3. I was going back to London that afternoon. After dinner, Palmer being still present, I desired Mr. Jones to be so good as to go upstairs and get me Mr. Cook’s betting-book, or pocket-book, or books or papers that might be there. I had seen him with a betting-book--a small one with clasps. Mr. Jones then left the room, and Palmer followed him. They were away 10 minutes. Mr. Jones said, on their return, “I am very sorry to say I can’t find any betting-book or papers.” I exclaimed, “No betting-book, Mr. Jones?” Turning towards Palmer, I said, “How is this?” Palmer said, “Oh, it is of no manner of use if you find it.” I said, “No use, Sir! I am the best judge of that.” He replied, “It is of no use.” I said, “I am told it is of use. I understand my son won a great deal of money at Shrewsbury, and I ought to know something about it.” He replied, “It is of no use, I assure you. When a man dies his bets are done with. Besides, Cook received the greater part of his money on the course at Shrewsbury.” I said, “Very well, the book ought to be found, and must be found.” Palmer then said, in a quieter tone, “It will no doubt be found.” I again said, “Sir, it shall be found.”

I then went to the door, and calling to the housekeeper, I desired that everything in the bedroom should be locked up, and nothing touched until I returned or sent some one. Before leaving I went up stairs to take a last look at the body. Some servants were in the room, turning over the bed-clothes, and also the undertaker. I had given him instructions before dinner to place the body in the coffin. He was standing by the side of the shell. The body was in it, uncovered. I knelt down by the side of the shell, and, taking the right hand of the corpse I found it clinched. I looked across the body and saw that the left hand was clinched in the same manner. I returned to town and communicated next morning with my solicitor, who gave me a letter to Mr. Gardner of Rugeley. I returned to Rugeley, where I arrived at eight o’clock next evening (Saturday). I started from Euston square at two o’clock, and on the platform I met Palmer. He said he had received a telegraphic message summoning him to London after I had left Rugeley. I asked him where Cook’s horses were kept. He told me at Eddisford, near Rugeley, and said he would drive me out there if I wished. When I got to Wolverton, where the train stops, I saw him again in the refreshment room. I said, “Mr. Palmer, this is a very melancholy thing, the death of my poor son happening so suddenly; I think for the sake of his brother and sister, who are somewhat delicate, it might be desirable for his medical friends to know what his complaints were.” Cook had a sister and half-brother. Palmer replied, “That can be done very well.” The bell then rang, and we went to our seats. He travelled in a different carriage till we reached Rugby, where I saw him again in the refreshment-room. I said, “Mr. Palmer, as I live at a distance I think I ought to ask a solicitor at Rugeley to look after my interest.” He said, “Oh, yes, you might do that.” “Do you know any solicitor?” I said, “No.” I then got some refreshment, and went back to my carriage; I found Palmer sitting there. I had no conversation with him before we reached Rugeley, but continued talking to a lady and gentleman with whom I had been conversing since I left town.

After we arrived at Rugeley, Palmer said, “Do you know any solicitor, here?” I said, “No, I don’t, I am a perfect stranger.” He said, “I know them all intimately, and I can introduce you to one. When I get home I must have a cup of coffee, and I will then come over, and take you all about.” I thanked him, as I had done once or twice before, and said I wouldn’t trouble him. He repeated his offer. Altering my tone and manner, I said, “Mr. Palmer, if I should call in a solicitor to give me advice, I suppose you will have no objection to answer any question he may put to you.” I altered my tone purposely; I looked steadily at him, but, although the moon was shining, I could not see his features distinctly. He said, with a spasmodic convulsion of the throat, which was perfectly apparent, “Oh no, certainly not.” At Wolverton, I had purposely mentioned my desire that there should be a _post-mortem_ examination, and I ought to say that he was quite calm when I mentioned it. After I asked him that question there was a pause for three or four minutes. He then again proposed to come over to me after he had had his coffee, and I again begged he would not trouble himself. I went to Mr. Gardner, and then came back to the inn. Palmer came to me, and began to talk about the bills. He said, “It’s a very unpleasant affair for me.” I said, “I think it right to tell you, that since I saw you I have had rather a different account of Mr. Cook’s affairs.” He said, “Oh, indeed! I hope, at any rate, they will be settled pleasantly.” I said, “His affairs can only be settled in a Court of Chancery.” He asked me what friends Mr. Cook visited in the neighbourhood of London. I said, “Several.” The next day (Sunday) I saw him again, between five and six in the evening. He said, “You were talking of going to Eddisford. If I were you, I would not take a solicitor with me there.” I said, “Why not? I shall use my own judgment.” Later in the evening he came again to my room, holding a piece of paper, as if he wished to give it to me. I went on with my writing, and said, “Pray, who is Mr. Smith?” He repeated, “Mr. Smith!” two or three times, and I said, “I mean a Mr. Smith who sat up with my son one night.” He said, “He is a solicitor in the town.” I asked if he was in practice. He replied, “Yes.” I said, “I ask you the question because, as the betting-book is lost, I should wish to know who has been with the young man.” After a pause, I said, “Did you attend my son in a medical capacity?” He said, “Oh, dear, no.” I said, “I ask you, because I am determined to have his body examined; and if you had attended him professionally I suppose the gentleman I shall call in would think it proper that you should be present.” He asked who was to perform the examination. I said, “I cannot say. I shall not know myself until to-morrow. I think it right to tell you of it; but, whether you are present at it or not is a matter of indifference to me.”

On the Friday, when Palmer gave orders for the shell, did you perceive any sign of decomposition in the body, or anything which would render its immediate enclosure necessary?--On the contrary, the body did not look to me like a dead body. I was surprised at its appearance.

Cross-examined by Mr. Serjeant SHEE: The last time Cook stayed at my house was in January or February last year, for about a month. He then had a sore throat. I do not remember that it was continually sore. He had not the least difficulty in swallowing. I did not notice any ulcers about his face. In the spring he complained of being an invalid, and said his medical friends told him that if he was not better in the winter he ought to go to a warm climate. No communication was made to me about insuring his life. I was dissatisfied about the loss of the betting-book. I desired that everything belonging to the deceased might be locked up. When I returned to Rugeley with Palmer, I went to seek for Mr. Gardner. I saw him on the following (Sunday) morning. I have once been in communication with the policeofficer Field. That was a fortnight or three weeks after my son’s death. Field called upon me. I never applied to him.

By Mr. Baron ALDERSON: I never called upon Mr. Bamford, but he dined with me at the Talbot Arms.

MARY KEELEY, examined by Mr. WELSBY: I am a widow, living at Rugeley. On the morning of Wednesday, the 21st of November last, I was sent for to lay out Cook’s body. My sister-in-law went with me. That was about one o’clock in the morning. The body was still warm, but the hands and arms were cold. The body was lying on the back. The arms were crossed upon the chest. The head lay a little turned on one side. The body was very stiff indeed. I have laid out many corpses. I never saw one so stiff before. We had difficulty in straightening the arms. We could not keep them straight down to the body. I passed a piece of tape under the back and tied it round the wrists, to fasten the arms down. The right foot turned, on one side, outwards. We were obliged to tie both the feet together. The eyes were open. We were a considerable time before we could close them, because the eyelids were very stiff. The hands were closed, and were very stiff. Palmer was upstairs with us. He lighted me while I took two rings off Cook’s fingers. That was off one hand. The fingers were very stiff, and I had difficulty in getting off the rings. I got them off, and when I had done so the hand closed again. I did not see anything of a betting-book, nor any small book like a pocketbook.

Cross-examined by Mr. GROVE: It is not usual to tie the hands of a corpse. I have never before used tape to tie the arms; I have used it to tie the ankles together, and also for the toes. I have never seen it used for the arms. It is usual to lay the arms by the sides. If the body gets stiff the arms remain as they were at the time of death. If the eyes are closed at the time of death there is no difficulty in keeping them closed. It is a common thing to put penny pieces upon them to keep them closed. That is to prevent the eyelid drawing back. The jaw is generally tied up shortly after death.

Re-examined by the ATTORNEY-GENERAL: I cannot say how many bodies I have laid out, but I have laid out a great many, of all ages. I never knew of the arms being tied before this instance. It is usual to lay the arms by the sides within a few minutes after death. I was called up at half-past twelve. It was half-past one when I went upstairs to the room where Cook lay. Sometimes the feet of corpses get twisted out; it is then that they are tied. That occurs within about half-an-hour after death. I have never known the eyelid so stiff as in this case. I have put penny pieces on the eyes. In those cases the lids were stiff, but not so stiff as in this instance.

JOHN THOMAS HARLAND, examined by Mr. BODKIN: I am a physician residing at Stafford. On the 26th of November last I went from Stafford to Rugeley, to be present at a _post-mortem_ examination. I arrived at Rugeley at ten o’clock in the morning. I called at the house of Mr. Bamford, surgeon. As I went there Palmer joined me in the street. He came from the back of his own house. I had frequently seen him and had spoken to him before. He said, “I am glad that you are come to make a _post-mortem_ examination. Some one might have been sent whom I did not know.” I said, “What is this case? I hear there is a suspicion of poisoning.” He said, “Oh, no; I think not. He had an epileptic fit on Monday and Tuesday last, and you will find old disease in the heart and in the head.” We then went together to Mr. Bamford’s. I had brought no instruments with me, having only been requested to be present at the examination. Palmer said that he had instruments, and offered to fetch them and lend them to me. He (Palmer) said there was a very queer old man who seemed to suspect him of something, but he did not know what he meant or what he wanted. He also said, “He seems to suspect that I have got the betting-book. Cook had no betting-book that would be of use to anyone.” Mr. Bamford and I then went to the house of Mr. Frere, who is a surgeon at Rugeley. Palmer did not go with us. Thence we went to the Talbot Arms, where the _post-mortem_ examination was proceeded with. Mr. Devonshire operated, and Mr. Newton assisted him. There were in the room, besides, Mr. Bamford, Palmer, myself, and several other persons. I stood near Mr. Devonshire. The body was very stiff.

By LORD CAMPBELL: It was much stiffer than bodies usually are five or six days after death.

Examination resumed: The muscles were very highly developed. By that I mean that they were strongly contracted and thrown out. I examined the hands. They were stiff, and were firmly closed. The abdominal viscera were first examined.

At the suggestion of LORD CAMPBELL, the witness read a report which he prepared on the day on which this _post-mortem_ examination took place, November 26th, 1855, and transmitted to Mr. Stevens, the step-father of the deceased. This report described the state of the various internal organs as being perfectly healthy and natural. The material statements were all repeated in the subsequent examination of the witness. After reading the report,

The witness continued: The abdominal viscera were in a perfectly healthy state. They were taken out of the body. We examined the liver. It was healthy. The lungs were healthy, but contained a good deal of blood. Not more than would be accounted for by gravitation after death. We examined the head. The brain was quite healthy. There was no extravasation of blood, and no serum. There was nothing which, in my judgment, could cause pressure. The heart was contracted, and contained no blood. That was the result not of disease, but of spasmodic action. At the larger end of the stomach there were numerous small yellowish-white spots, about the size of mustard seeds. They would not at all account for death. I doubt whether they would have any effect upon the health. I think they were mucous follicles. The kidneys were full of blood, which had gravitated there. They had no appearance of disease. The blood was in a fluid state. That is not usual. It is found so in some cases of sudden death, which are of rare occurrence. The lower part of the spinal cord was not very closely examined. We examined the upper part of that cord. It presented a perfectly natural appearance. On a subsequent day, I think the 25th of January, it was thought right to exhume the body, that the spinal cord might be more carefully examined. I was present at that examination. The lower part of the spinal cord was then minutely examined. A report was made of that examination.

This report was put in, and was read by the witness. It described minutely the appearance and condition of the spinal cord and its envelopes, and concluded with this statement:--“There is nothing in the condition of the spinal cord or its envelopes to account for death; nothing but the most normal and healthy state, allowance being made for the lapse of time since the death of the deceased.”

Examination resumed: I am still of opinion that there was nothing in the appearance of the spine to account for the death of the deceased, and nothing of an unusual kind which might not be referred to changes after death. When the stomach and the intestines were removed from the body on the occasion of the first examination they were separately emptied into a jar, and were afterwards placed in it. Mr. Devonshire and Mr. Newton removed them from the body. They were the only two who operated. At that time the prisoner was standing on the right of Mr. Newton. While Mr. Devonshire was opening the stomach a push was given by Palmer which sent Mr. Newton against Mr. Devonshire, and shook some of the contents of the stomach into the body. I thought a joke was passing among them, and said, “Don’t do that.”

By Lord CAMPBELL.--Might not Palmer have been impelled by some one outside him?--There was no one who could have impelled him.

What did you observe Palmer do?--I saw Mr. Newton and Mr. Devonshire pushed together, and Palmer was over them. He was smiling at the time.

Examination continued: After this interruption the opening of the stomach was pursued. The stomach contained about three ounces of a brownish fluid. There was nothing particular in that. Palmer was looking on, and said, “They won’t hang us yet.” He said that to Mr. Bamford in a loud whisper. That remark was made upon his own observation of the stomach. The stomach, after being emptied, was put into the jar. The intestines were then examined, but nothing particular was found in them. They were contracted and very small. The viscera, with their contents, as taken from the body, were placed in the jar, which was then covered over with two bladders, which were tied and sealed. I tied and sealed them. After I had done so I placed the jar upon the table by the body. Palmer was then moving about the room. In a few minutes I missed the jar from where I had placed it. During that time my attention had been withdrawn by the examination. On missing the jar I called out, “Where’s the jar?” and Palmer, from the other end of the room, said, “It is here; I thought it would be more convenient for you to take away.” There was a door at the end of the room where he was. He was within a yard or two of that door, and about 24 feet from the table on which the body was lying. [Before making this last statement the witness referred to a plan of the room which was put in by the Attorney-General.] The door near which Palmer was standing was not the one by which he had entered the room. I called to Palmer, “Will you bring it here?” I went from the table and met Palmer half way coming with the jar. The jar had, since I last saw it, been cut through both bladders. The cut was hardly an inch long. It had been done with a sharp instrument. I examined the cut. The edges were quite clean. No part of the contents of the jar could have passed through it. Finding this cut, I said, “Here is a cut; who has done this?” Palmer, and Mr. Devonshire, and Mr. Newton all said that they had not done it, and nothing more was said about it. When I was about to remove the jar from the room, the prisoner asked me what I was going to do with it. I said I should take it to Mr. Frere’s. He said, “I had rather you would take it to Stafford than take it there.” I made no answer that I remember. I took it to Mr. Frere’s house. After doing so, I returned to the Talbot Arms. I left the jar in Mr. Frere’s hall, tied and sealed. Immediately upon finding the slit in the cover, I cut the strings and altered the bladders, so that the slits were not over the top of the jar. I resealed them. After going to Mr. Frere’s I went to the Talbot Arms. I went into the yard to order my carriage, and while I was waiting for it the prisoner came across to me. He asked me what I had done with the jar. I told him that I had left it at Mr. Frere’s. He inquired what would be done with it, and I said it would go either to Birmingham or London that night for examination. I do not recollect that he made any reply. When I re-covered the jar, I tied each cover separately, and sealed it with my own seal. During the first _post-mortem_ examination there were several Rugeley persons present, but I believe no one on behalf of the prisoner. At the second examination there was some one there on behalf of Palmer.