Chapter V: Part 5

Cross-examined by Mr. Serjeant SHEE: In the course of the _post-mortem_ examination Palmer said, “They won’t hang us yet.” I am not sure whether that observation was addressed to Dr. Bamford, or whether he prefaced it by the word “Doctor.” I think that he first said it to Dr. Bamford in a loud whisper, and afterwards repeated it to several persons. I had said to him that I had heard that there was a suspicion of poisoning. I made notes in pencil at the time of the _post-mortem_, and I wrote a more formal report from those notes as soon as I got home. The original pencil notes are destroyed. I sent the fair copy to Mr. Stevens, Cook’s father-in-law, the same evening. They were not produced before the coroner. At the base of the tongue of the deceased I observed some enlarged mucous follicles; they were not pustules containing matter, but enlarged mucous follicles of long standing. There were a good many of them, but I do not suppose that they would occasion much inconvenience. They might cause some degree of pain, but I think that it would be slight. I do not believe that they were enlarged glands. I should not say that deceased’s lungs were diseased, though they were not in their normal state. The lungs were full of blood and the heart empty. I had no lens at the _post-mortem_, but I made an examination which was satisfactory to me, without one. The brain was carefully taken out; the membranes and external parts were first examined, and thin slices of about a quarter of an inch in thickness were taken off and subjected to separate examination. I think by that means we should have discovered disease if any had existed; and if there had been any indication of disease, I should have examined it more carefully. I examined the spinal cord as far down as possible, and if there had been any appearance of disease I should have opened the canal. There was no appearance of disease, however. We opened down to the first vertebra. If we had found a softening of the spinal cord, I do not think that it would have been sufficient to have caused Cook’s death; certainly not. A softening of the spinal cord would not produce tetanus--it might produce paralysis. I do not think, as a medical man investigating the cause of death, that it was necessary carefully to examine the spinal cord. I do not know who suggested that there should be an examination of the spinal cord two months after death. There were some appearances of decomposition when we examined the spinal cord, but I do not think that there was sufficient to interfere with our examination. I examined the body to ascertain if there was any trace of venereal disease. I did find certain indications of that description, and the marks of an old excoriation, which were cicatriced over.

Re-examined by the ATTORNEY-GENERAL: There were no indications of wounds or sores such as could by possibility produce _tetanus_. There was no disease of the lungs to account for death. The heart was healthy, and its emptiness I attribute to spasmodic action. The heart being empty, of course death ensued. The convulsive spasmodic action of the muscles of the body, which was deposed to yesterday by Mr. Jones, would, in my judgment, occasion the emptiness of the heart. There was nothing whatever in the brain to indicate the presence of any disease of any sort; but if there had been, I never heard or read of any disease of the brain ever producing tetanus. There was no relaxation of the spinal cord which would account for the symptoms accompanying Mr. Cook’s death, as they have been described. In fact, there was no relaxation of the spinal cord at all, and there is no disease of the spinal cord with which I am acquainted, that would produce tetanus.

Mr. CHARLES JAMES DEVONSHIRE, undergraduate of University of London, late assistant to Dr. Monckton, examined by Mr. HUDDLESTON: I made the first _post-mortem_ examination of the body of Mr. Cook in November last. The body was pale and stiff; the hands were clinched, and the mouth was contorted. I opened the body. The liver was very healthy. The heart also seemed healthy, but it was perfectly empty. The lungs contained a considerable quantity of dark fluid blood. The blood was perfectly fluid. The brain was healthy throughout. I examined the _medulla oblongata_, and about a quarter or half an inch of the spinal cord. It was perfectly sound. I took out the stomach, and opened it with a pair of scissors. I put the contents in a jar, which was taken to Mr. Frere’s, the surgeon. I obtained the jar from Mr. Frere’s on Monday, in the same state as it was before, and I gave it Mr. Boycott, clerk to Mr. Gardner, the attorney. I examined the body again on the 29th, and took out the liver, kidneys, spleen, and some blood. I put them in a stone jar, which I covered with washleather and brown paper, and sealed up. I delivered that jar also to Boycott. Palmer said at the examination that we should find syphilis upon the deceased. I therefore examined the parts carefully, and found no indications of the sort. I also took out the throat. The _papillæ_ were slightly enlarged, but they were natural, and one of the tonsils was shrunk.

Cross-examined by Mr. GROVE, Q.C.--Tetanic convulsions are considered to proceed from derangement of the spine, and from complaints that affect the spine. These derangements are not always capable of being detected by examination. In examining the body of a person supposed to have died from tetanus, the spinal cord would be the first organ looked to. About half an inch of the spinal cord, exterior to the aperture of the cranium, was examined on the first occasion. I was not present when the granules were discovered on the second examination. The learned counsel was proceeding to cross-examine this witness upon some minute points of a scientific nature, when

Baron ALDERSON, interposing, said,--When you have all the medical men in London here, you had better not examine an undergraduate of the University of London upon such points, I should think.

Dr. MONCKTON, examined by the ATTORNEY-GENERAL: I am a physician in practice, and reside at Rugeley. On the 28th of January I made a _post-mortem_ examination of the spinal cord and marrow of the deceased, J. P. Cook. I found the muscles of the trunk in a state of laxity, which I should attribute to the decay of the body which had set in; but that laxity would not be at all inconsistent, in my opinion, with a great rigidity of those muscles at the time of death. The muscles of the arms and legs were in a state of rigidity, but they were not more rigid than usual in dead bodies. The muscles of the arms had partially flexed the fingers of the hand. The feet were turned inwards to a much greater extent than usual. I carefully examined the spinal cord. The body was then in such a condition as to enable me to make a satisfactory examination of it; and if prior to death there had been any disease of a normal character on the spinal cord and marrow, I should have had no difficulty in detecting it. There was no disease. I discovered certain granules upon it. It is difficult to account for their origin, but they are frequently found in persons of advanced age. I never knew them to occasion sudden death. I agree entirely with the evidence which has been given by Dr. Harland.

This witness was not cross-examined.

Mr. JOHN BOYCOTT, examined by Mr. WELSBY: I am clerk to Messrs. Landor, Gardner, and Landor, attorneys at Rugeley. On the 26th of last November, I received a jar from Mr. Devonshire, covered with leather and brown paper, and sealed up. I took it to London, and delivered it on the next day to Dr. Taylor, at Guy’s Hospital. On a subsequent day I received another jar, similarly secured, from Mr. Devonshire, and I also brought that to London and delivered it to Dr. Taylor. I was not present at the inquest on Cook’s body, and did not fetch Newton to be examined there. On Tuesday last, when at the Rugeley station, previous to my departure for London, Newton came and made a communication to me. He knew that Mr. Gardner was not there; and when we reached London I took him to Mr. Gardner, and heard him make the same communication to Mr. Gardner which he had made before to me.

This witness was not cross-examined.

JAMES MYATT, examined by Mr. JAMES: In November last I was postboy at the Talbot Arms at Rugeley. I know Palmer, the prisoner, and I remember Monday, the 26th of November last. I was ordered on that night, a little after five o’clock, to take Mr. Stevens to the Stafford station in a fly. Before I started I went home to get my tea, and on returning from my tea to the Talbot Arms I met the prisoner. He asked me if I was going to drive Mr. Stevens to Stafford. I told him I was.

What did he say to you then?--He asked me if I would upset them.

“Them?” Had anything been said about a jar?--He said he supposed I was going to take the jar.

What did you say then?--I said I believed I was.

What did he say after that?--He said, “Do you think you could upset them?”

What answer did you make?--I told him “No.”

Did he say anything more?--He said, “If you could, there’s a £10 note for you.” (Sensation.)

What did you say to that?--I told him I could not. I then said, “I must go, the horses are in the fly ready for us to start.” I do not recollect that he said anything more about the jar. I said, that if I didn’t go, somebody else would go. He told me not to be in a hurry, for if anybody else went he would pay me. I saw him again next morning, when I was going to breakfast. He asked me then who went with the fly. I told him Mr. Stevens, and, I believed, one of Mr. Gardner’s clerks.

Cross-examined by Mr. Serjeant SHEE: Were not the words that Palmer used, “I wouldn’t mind giving £10 to break Stevens’s neck.” I don’t recollect the words “break his neck.”

Well, “upset him.” Did he say, “I wouldn’t mind giving £10 to upset him?”--Yes; I believe those were the words. I do not know that Palmer appeared to have been drinking. I don’t recollect that he had. I can’t say that he used any epithet, applied to Stevens: he said it was a humbugging concern altogether, or something of that. I don’t recollect that he said Stevens was a troublesome fellow, and very inquisitive. I don’t remember anything more than I have said. I do not know whether there was more than one jar.

SAMUEL CHESHIRE, formerly postmaster at Rugeley, who has been sentenced to two years’ imprisonment for tampering with letters in connexion with this affair, was brought up in custody, and examined by Mr. JAMES. He is an extremely respectable looking man, above the middle age, and was dressed in black. He deposed as follows:--I was for upward of eight years postmaster at Rugeley. I come now from Newgate, where I am under sentence for having “read” a letter. [The question was “opened” a letter.] I “confessed” to having done so. [The question was, “Did you plead guilty to that charge?”] I knew the prisoner William Palmer very well--we were schoolfellows together; and I have been three or four times in my life at races with him. I never made a bet but once in my life; but I was very intimate with Palmer. I accompanied him to Shrewsbury Races in November, 1855. I returned to Rugeley on Tuesday, the 13th, the same day on which Polestar won the handicap. On Saturday, the 17th, I went to see Mr. Cook, who was in bed at the Talbot Arms, at Rugeley. I lived at the post-office, which was 300 or 400 yards from Palmer’s house. On the Tuesday evening, the 20th, I received a message from Palmer, asking me to go over to him, and to take a receipt stamp with me. In consequence of that message, I went to Palmer’s house, and took a receipt stamp, as requested. When I reached Palmer’s, I found him in his sitting-room. He said that he wanted me to write out a cheque, and he produced a copy, from which he said I was to write. I copied the document which he produced. He said that it related to money which Mr. Cook owed him; and he asked me to write it, because, he said, Cook was too ill to do it, and Weatherby would know his (Palmer’s) handwriting. He said that when I had written it he would take it over to Mr. Cook to sign. I then wrote as he requested me, and I left the paper with Palmer.

Mr. WEATHERBY was here called, in order to trace this document. In answer to Mr. JAMES, he said: I am secretary to the Jockey Club, and my establishment is at Birmingham. I keep a sort of banking account, and receive stakes for gentlemen who own racers and bet. I knew the deceased, John Parsons Cook, who had an account of that nature with me. I knew Palmer slightly; he had no such account with me. On the 21st of November I received a cheque or order upon our house for £350. It came by post. I sent it back two days afterwards--on Friday, the 23rd. I sent it back by post to Palmer, the prisoner, at Rugeley.

BOYCOTT was recalled, and proved that he had served notices upon the prisoner, and upon Mr. Smith, his attorney, to produce the “cheque or order” referred to; and that it had not been produced in pursuance of those notices.

Prisoner’s counsel did not now produce it.

Examination of Samuel Cheshire continued: As far as I can remember, what I wrote was, “Pay to Mr. William Palmer the sum of £350, and place it to my account.” I do not remember whether I put any date to it. I left it with Palmer, and went away. That was on Tuesday. On the Thursday or Friday following Palmer sent again for me. I do not remember what day it was, but it was after I had heard of the death of Mr. Cook at the Talbot Arms. I went to Palmer in the evening, between six and seven o’clock, in consequence of his having sent for me. When I arrived I found him in the kitchen, and he immediately went out, and shortly after returned with a quarto sheet of paper in his hand. He gave me a pen, and asked me to sign something. I asked what it was, and he replied, “You know that Cook and I have had dealings together; and this is a document which he gave me some days ago, and I want you to witness it.” I said, “What is it about?” He said, “Some business that I have joined him in, and which was all for Mr. Cook’s benefit; and this is the document stating so.” I just cast my eye over the paper. It was a quarto post paper of a yellow description. I looked at the writing, and I believed that it was Mr. Palmer’s. When he asked me to sign it I told him that I could not, as I might perhaps be called upon to give evidence on the matter at some future day. I told him that I had not seen Mr. Cook sign it, and I also said that I thought the Post-office authorities would not approve my mixing myself up in a matter which might occasion my absence from my duties to give evidence. In fact, I did not give any exact reasons for refusing to sign it. Palmer said it did not much matter, as he dared say they would not object to Mr. Cook’s signature. I left the paper with Palmer, and went away. I believe there was a stamp upon it. I did not read it all, but I cast my eye down it. [Notices had also been served upon the prisoner and his attorney to produce this document, but it had not been produced.]

Witness continued: I remember the effect of it--it was that certain bills--the dates and amounts of which were quoted, although I cannot recollect them now--were all for Mr. Cook’s benefit and not for Mr. Palmer’s. Those were not the exact words, but that was the purport of them. I know that the amounts were large, although I do not remember them all. I remember, however, that one was for £1,000 and another for £500. There was a signature to that document. It was either “I. P.” or “J. P. Cook.” I don’t think the word “Parsons” was written, but either “I. P.” or “J. P. Cook.” Palmer was in the habit of calling at the post-office for letters addressed to his mother, who resided at Rugeley. I cannot remember that during the months of October and November, 1855, I gave him any letters addressed to his mother; nor can I say whether in those months I gave him any letters addressed to Mr. Cook; but Cook has taken Palmer’s letters, and Palmer has taken Cook’s letters. I remember the inquest upon Cook. I saw Palmer frequently while that inquest was going on. He came down to me on the Sunday evening previous to the 5th of December--the date to which the inquest was adjourned--and asked me if I saw or heard of anything fresh to let him know. I guessed what he wanted, and thought that he wanted to tempt me to open a letter. I therefore told him that I could not open a letter. He said that he did not want me to do anything to injure myself. I believe that was all that passed on that occasion. The letter for reading which I am now under sentence of punishment was from Dr. Alfred Taylor, of London, to Mr. Gardner, the solicitor of Rugeley. I read part of the letter, and told Palmer as much as I remembered of it. This took place on the morning of the 5th of December. I told Palmer that the letter mentioned that no traces of strychnine were to be found. I can’t call to mind what else I told him. He said he knew there would be no traces of poison, for he was perfectly innocent. The letter I hold in hand, signed “W. P.” and addressed to “W. Ward, Esq., Coroner,” I believe to be in the prisoner’s handwriting.

Captain HATTON, examined by Mr. JAMES: I am chief constable of Stafford. The letter now produced I obtained from the coroner.

The Clerk of Arraigns read the letter in question. It bore no date, and was to the following effect:--

“My dear Sir,--I am sorry to tell you that I am still confined to
my bed. I don’t think it was mentioned at the inquest yesterday
that Cook was taken ill on Sunday and Monday night, in the same way
as he was on the Tuesday, when he died. The chambermaid at the
Crown Hotel (Masters’s) can prove this. I also believe that a man
by the name of Fisher is coming down to prove he received some
money at Shrewsbury. Now, here he could only pay Smith £10 out of
£41 he owed him. Had you not better call Smith to prove this? And
again, whatever Professor Taylor may say to-morrow, he wrote from
London last Tuesday night to Gardner to say, ‘We (and Dr. Rees)
have this day finished our analysis, and find no traces of either
strychnia, prussic acid, or opium.’ What can beat this from a man
like Taylor, if he says what he has already said, and Dr. Harland’s
evidence? Mind you, I know and saw it in black and white what
Taylor said to Gardner; but this is strictly private and
confidential, but it is true. As regards his betting-book, I know
nothing of it, and it is of no good to any one. I hope the verdict
to-morrow will be that he died of natural causes, and thus end it.

“Ever yours,

“W.P.”

The witness Cheshire was then cross-examined by Mr. Serjeant SHEE: I knew Cook very well. I did not know his handwriting. I have seen it, but am not sufficiently familiar with it to be able to identify it. I have seen him write. When I refused to sign the document which Palmer presented to me for signature he observed, “Oh, it is no matter, I daresay they will not call in question Mr. Cook’s signature.” What Palmer asked me was, “whether I had seen or heard anything?” I said that I had seen something, but that it would be wrong for me to tell him what. He then inquired what I had seen. I think the phrase he used in speaking of his own innocence was that he was “as innocent as a baby.” I remember having been told by Palmer, the Saturday before Cook died, that the latter was very ill. On that day I saw Cook. He was ill and in bed. I saw Palmer about midday of Wednesday, the second day of the Shrewsbury races. I saw him at Rugeley on that day.

To Mr. JAMES: The duration of the journey from Stafford to Shrewsbury is upwards of an hour.

ELLIS CRISP, examined by Mr. JAMES: I am inspector of police at Rugeley. On the 17th of December I assisted in searching the prisoner’s house. There was a sale of his furniture, &c., on the 5th of January. The book now produced I found in his house, and took it away. It was being sold, and I took it away. (A laugh.)

Cross-examined by Mr. Serjeant SHEE: It was brought out at the sale with a lot of other books. There were several medical books in the house. There was no attempt to conceal the volume I seized.

The Clerk of Arraigns read from the book referred to this sentence, proved by the witness Boycott to be in Palmer’s writing--“Strychnia kills by causing tetanic fixing of the respiratory muscles.”

J. BURDON, examined by Mr. JAMES: This manuscript book I found in the prisoner’s house on the 16th or 17th of December. I am an inspector of police in Staffordshire.

The ATTORNEY-GENERAL read an extract from the book in question. It related to strychnine, and alluded to the mode of its operation.

Lord CAMPBELL: That may be merely a passage extracted from an article on “Strychnine” in some encyclopædia.

The ATTORNEY-GENERAL: No doubt it may. I put it in for what it is worth.

ELIZABETH HAWKES, examined by Mr. HUDDLESTON: I keep a boarding-house at 7, Beaufort-buildings, Strand. I know Palmer. He was at my house on the 1st December last. He asked my porter to buy some game and fish for him. I purchased some fowls for him on the 1st of December. They consisted of a turkey and a brace of pheasants. The porter purchased the fish. I packed these things up in a hamper. I had no conversation with Palmer about these things. I bought them by Palmer’s order, conveyed through the porter. I sent them somewhere. I directed them myself, and gave them to the porter, who carried them to the railway station. I have never been paid for them. Palmer came to my house on the evening of that day, but I did not see him. The direction on the hamper was “W. W. Ward, Esq., Stoke-upon-Trent, Staffordshire.”

GEORGE HERRING, examined by Mr. WELSBY: I live near New Cross, and am independent. I knew Cook, and met him at the Shrewsbury races last November. I put up at the Raven. He appeared in his usual health. I saw him between six and seven on Wednesday, the second day of the races. I had a private room, with Mr. Fisher, Mr. Reed, and Mr. T. Jones. It was next the room occupied by Cook and Palmer. On Thursday (the following day) I saw Cook. I do not know that at that time he had any money with him, but I saw him with Bank of England and provincial bank notes on Wednesday. He unfolded them on his knees in twos and threes. There was a considerable number of notes. He showed me at Shrewsbury his betting-book. It contained entries of bets made on the Shrewsbury races. On Monday, the 19th of November, I received a letter from Palmer. I have it here.

The Clerk of Arraigns read the letter, of which the following is a copy:--

Dear Sir,--I shall feel much obliged if you will give me a call at
7, Beaufort-buildings, Strand, on Monday, about half-past two.

“I am, dear Sir, very truly yours,

“W. PALMER.”

Examination continued: I received this letter on Monday, and called at Beaufort-buildings that same day, at half-past two exactly. I found Palmer there. He asked me what I would take? I declined to take anything. I then asked him how Mr. Cook was? He said, “He’s all right; his physician gave him a dose of calomel, and advised him not to come out, it being a damp day.” I don’t know which term he used, “damp” or “wet.” He then went on to say, in the same sentence, “What I want to see you about is settling his account.” While he was speaking he took out half a sheet of note paper from his pocket, and it was open when he had finished the sentence. He held it up, and said, “This is it.” I rose to take it. He said, “You had better take its contents down; this will be a check against you.” At the same time he pointed to some paper lying on the table. I wrote on that paper from his dictation. I have here the paper which I so wrote. [The witness read the document in question, which contained instructions as to certain payments he should pay out of moneys to be received by him at Tattersall’s, on account of the Shrewsbury races.] Palmer then said, that I had better write out a cheque for Pratt and Padwick--for the former £450, and for the latter £350, and send them at once. I told him I had only one form of cheque in my pocket. He said I could easily fill up a draught on half a sheet of paper. I refused to comply with his request, as I had not as yet received the money. He replied that it would be all right, for that Cook would not deceive me. He wished me particularly to pay Mr. Pratt the £450. His words, as nearly as I can remember them were, “You must pay Pratt, as it is for a bill of sale on the mare.” I don’t know whether he said “a bill of sale,” or “a joint bill of sale.” He told me he was going to see both Pratt and Padwick, to tell them that I would send on the money. Previous to his saying this, I told him that if he would give me the address of Pratt and Padwick, I would call on them, after I had got the money from Tattersall’s, and give it to them. He then asked me what was between us. There was only a few pounds between us, and after we had had some conversation on the point he took out of his pocket a £50 Bank of England note. He required £29 out of the note; and I was not able to give it; but he said that if I gave him a cheque it would answer as well. I gave him a cheque for £20, and nine sovereigns.

When I was going away I do not remember that he said anything about my paying the money to Pratt and Padwick. He said on parting, “When you have settled this account write down word to either me or Cook.” I turned round and said, “I shall certainly write to Mr. Cook.” I said so because I thought I was settling Mr. Cook’s account. He said, “It don’t much matter which you write to.” I said, “If I address ‘Mr. Cook, Rugeley, Stafford,’ it will be correct, will it not?” He said, “Yes.” After leaving Beaufort Buildings I went to Tattersall’s. I then received all the money I expected, except £110 from Mr. Morris, who paid me £90 instead of £200. I sent from Tattersall’s a cheque for £450 to Mr. Pratt. I posted a letter to Cook from Tattersall’s, and directed it to Rugeley. On Tuesday the 20th, next day, I received a telegraphic message. I have not got it here. I gave it to Captain Hatton, at the coroner’s inquest at Rugeley. In consequence of receiving that message I wrote again to Cook that day. I addressed my letter as before, but I believe the letter was not posted till the Wednesday. I had three bills of exchange with me. I know Palmer’s handwriting, but never saw him write. I cannot prove his writing; but I knew Cook’s writing, and I believe the drawing of two and the accepting of the three bills to be in his writing. I got them from Fisher, and gave him cash for them. [The witness Boycott was recalled, and identified the signatures on the bills as those of Palmer and Cook.] Examination continued: The bills are each for £200. One of them was payable in a month, and when it fell due, on October 18, Cook paid the £100 on account. He paid me the remaining £100 at Shrewsbury, but I cannot tell with certainty on what day. I did not pay the £350 to Mr. Padwick. I hold another bill for £500. [Thomas Strawbridge, manager of the bank at Rugeley, identified the drawing and endorsing as in the handwriting of Palmer. The acceptance, purporting to be in the writing of Mrs. Sarah Palmer, he did not believe to have been written by her.] Examination continued: I am sure that the endorsement on the £500 bill is in Cook’s writing. I got the bill from Mr. Fisher. I paid £200 on account of it to Palmer, and £275 to Mr. Fisher. The balance was discount. It was not paid at maturity. I have taken proceedings against Palmer to recover the amount.

Cross-examined by Mr. GROVE: Several people were ill at Shrewsbury on the second day of the races. They suffered from a kind of diarrhœa. I was one of those so affected. I had my meals at the Raven, where I put up, as also had my companions. They were not ill, but a gentleman who dined with us one day at the inn was. Palmer did not dine with me any day at the Raven. I saw Cook several times on the racecourse. The ground was wet. I remonstrated with him on Thursday for standing on it. That was after he had been taken ill on Wednesday. I was with Palmer for about an hour at Beaufort-buildings.

Frederick SLACK, examined by Mr. HUDDLESTON: I am the porter at Mrs. Hawkes’s boarding-house at Beaufort-buildings. On the 1st of December I saw Palmer there, and he gave me the direction to put on a hamper containing game. It was “W. W. Ward, Esq., Stoke-upon-Trent, Staffordshire.” He told me to buy a turkey, a brace of pheasants, a codfish, and a barrel of oysters; and to buy them wherever I pleased. He said he did not wish the gentleman for whom they were intended to know from whom they came. I saw him write the direction in the coffee-room. I got the hamper and put all the things in it. I sewed it up and took it to the railway. Mrs. Hawkes bought the fowl, and I the other articles.

It being now within five minutes of 6 o’clock the Court intimated its intention not to proceed further with the case that evening.

Lord CAMPBELL suggested that some facility of breathing fresh air should be afforded to the jury before the sitting of the Court on the following morning. Were it not that he made it a practice to take a walk early in the morning in Kensington-gardens, he should himself find it impossible to endure the fatigue of so arduous a trial. An omnibus, or a couple of them, ought to be engaged for the accommodation of the jury that they, too, might enjoy similar recreation.

Mr. Baron ALDERSON: Why should they not take a walk in the Temple-gardens? There could be no more tranquil spot. (A laugh.)

The Sheriffs intimated that they would attend to the recommendations of the learned judges.

The Court then adjourned at 6 o’clock until 10 o’clock Monday.

FOURTH DAY, MAY 17.

The court was densely crowded, and there was no abatement of the interest which has from the commencement been excited by these proceedings. Among the distinguished persons present were Earl Grey and Mr. Dallas, the American Minister.

The jury, who, in accordance with the suggestions made by the learned judges on the previous day, had during the morning been conducted to the Middle Temple-gardens by the officer who had them in charge, and allowed to walk there for some time, entered the court about ten o’clock, and almost immediately afterwards the learned judges--Lord Chief Justice Campbell, Mr. Baron Alderson, and Mr. Justice Cresswell, accompanied by the Recorder, the Common Serjeant, the Sheriffs, and Under-Sheriffs, and several members of the Court of Aldermen, took their seats upon the bench. The prisoner was then placed at the bar. There was no change in the expression of his countenance, and during the day he maintained his usual tranquillity of demeanour.

The same counsel were again in attendance:--The Attorney-General, Mr. E. James, Q.C., Mr. Bodkin, Mr. Welsby, and Mr. Huddleston for the Crown; Mr. Serjeant Shee, Mr. Grove, Q.C., Mr. Gray, and Mr. Kenealy for the prisoner.

GEORGE BATES, examined by Mr. JAMES.--I was brought up a farmer, but am now out of business. I have known Palmer eight or nine years. In September, October, and November last I looked after his stud, and saw that the boys who had the care of the horses did their duty. I had no fixed salary, but used to receive money occasionally; some weeks I received two sovereigns, and some only one. I lodged in Rugeley. The rent I paid was 6_s._ 6_d._ per week. I am a single man. I knew the deceased Cook. I have no doubt that I saw him at Palmer’s house in September. I cannot fix the date. I dined with him at Palmer’s.

By Lord CAMPBELL: I sat at table with them.

Examination continued: After dinner something was said of an insurance of my life. Either Cook or Palmer, which I cannot say, commenced the conversation.

Mr. Serjeant SHEE objected to the reception of any evidence with regard to the proposal of the insurance of the witness’s life.

The ATTORNEY-GENERAL said that his object was to show the position of Cook’s affairs at this time.

Lord CAMPBELL, after consultation with the other Judges, said: I doubted whether this would be relevant and proper evidence to receive upon this trial, and upon consultation the other Judges agree with me that it is too remote.

The examination of the witness with regard to the insurance was, therefore, not pursued.

Witness: I remember the death of Cook, and the inquest. I know Mr. William Webb Ward, the coroner. On the morning of the 8th of December, while the inquest was being held, I saw Palmer. He gave me this letter, and told me to go to Stafford and give it to Mr. Ward. [The letter referred to was that addressed to Mr. Ward, which was on the previous day put in and read.] That was between nine and ten o’clock. He also gave me a letter to a man named France, a dealer in game at Stafford. Palmer said that there would be a package of game from France, which I was to direct and send to Mr. Ward. I got a basket of game from France upon the order which the prisoner had given me. I directed it “Webb Ward, coroner (or solicitor), Stafford,” and sent it to Mr. Ward. I directed it myself. I gave a man 3d. to take the game, but I delivered the note to Mr. Ward myself. I found him at the Dolphin Inn, Stafford. He was in the smoking-room. I told him I wanted to speak to him. He called me out into the yard or passage, and there I gave him the note. There were other people in the smoking-room. I had had no directions from the prisoner as to how I was to deliver the note. When I returned to Rugeley that night I saw the prisoner. I told him that I had delivered the letters which I took to Stafford, and had sent a boy with the game. I remember Thursday, the 13th of December. On that day I was sent for to the prisoner’s house, early in the morning. About midday I went to Palmer’s house. I found him in bed. He said that he wanted me to go to Stafford to take Webb Ward a letter, and to take care that no one saw me give it to him. On the Saturday previously I had taken Palmer some money. On the Thursday Palmer told me to go to Ben, and tell him he wanted a £5 note. I understood Ben to be Mr. Thirlby, his assistant. Palmer added, “Tell him that I have no small change.” I believe he asked me to look in a drawer under the dressing-glass, and said, “Tell me the amount of that bill.” I looked in the drawer, and found there a £50 Bank of England bill. I left the bill there. This was before he gave me the letter for Ward. After seeing the bill, I went to Thirlby’s for the £5. I got from Thirlby a £5 note of a local bank, and took it to Palmer. I then went down stairs, leaving Palmer in bed, with the writing materials on the bottom of it. I remained downstairs, in the yard or kitchen, about half an hour. When I went upstairs Palmer again asked me the amount of the bill which was in the drawer. I just looked at it, and thought it was the same bill I had left there. He then gave me the letter, which was sealed, and I took it to Stafford. I followed Mr. Ward through the room at the railway station, and gave it to him in the road. Mr. Ward did not open or read the letter, but crumpled it up in his hand and put it into his pocket. I believe I told him from whom I had brought it. Having delivered the letter, I returned to Rugeley. I saw the prisoner, and told him that I had given Ward the letter. He said nothing.

Cross-examined by Mr. Serjeant SHEE: Palmer had four brood mares, and four yearlings and a three-year-old. I can’t tell their value. I heard that one of these horses sold for 800 guineas. I can’t say whether the mares were in foal in November, but I suppose some were. Palmer’s stables were at the back of his house, and the paddocks which were near them covered about twenty acres of ground, and were fenced with a hawthorn-hedge. I remember a mare, called the Duchess of Kent, being there. We supposed she slipped her foal, but we could not find it. I am not aware that Goldfinder’s dam slipped her foal. I once saw the turf cut up with horses’ feet, and attributed it to the mares galloping about. I never saw any dogs “run” them. I have seen a gun at the paddocks. I cannot say whether it belonged to Palmer. I never examined it. I do not know Inspector Field by sight. I have seen a person whom I was told was Field. He came to me at the latter end of September, or beginning of October or November. I cannot say whether he saw Palmer. He was a stranger to me. I do not know that he put up anywhere. (A laugh.) I did not see him more than once. I do not know Field. On Thursday, December 13, I saw Gillott, who is a sheriff’s officer, in Palmer’s yard.

Re-examined by the ATTORNEY-GENERAL: It was after the hay harvest that I saw the turf in the paddock cut up. I should say that it was in the latter end of September. I cannot say how long it was before Cook’s death.

THOMAS BLIZARD CURLING, examined by the ATTORNEY-GENERAL: I am a member of the College of Surgeons, and Surgeon to the London Hospital. I have particularly turned my attention to the subject of tetanus, and have published a work upon that subject. Tetanus means a spasmodic affection of the voluntary muscles. Of true tetanus there are only two descriptions--idiopathic and traumatic. There are other diseases in which we see contractions of the muscles, but we should not call them tetanus. Idiopathic tetanus is apparently self-generated; traumatic proceeds from a wound or sore. Idiopathic tetanus arises from exposure to damp or cold, or from the irritation of worms in the alimentary canal. It is not a disease of frequent occurrence. I have never seen a case of idiopathic tetanus, although I have been surgeon to the London Hospital for twenty-two years. Cases of traumatic tetanus are much more frequent. Speaking quite within compass, I have seen fifty such cases. I believe 100 would be nearer the mark. The disease first manifests itself by stiffness about the jaws and back of the neck. Rigidity of the muscles of the abdomen afterwards sets in. A dragging pain at the pit of the stomach is an almost constant attendant. In many instances the muscles of the back are extensively affected. These symptoms, though continuous, are liable to aggravations into paroxysms. As the disease goes on, these paroxysms become more frequent and severe. When they occur the body is drawn backwards; in some instances, though less frequently, it is bent forward. A difficulty in swallowing is a very common symptom, and also a difficulty of breathing during the paroxysms. The disease may, if fatal, end in two ways. The patient may die somewhat suddenly from suffocation, owing to the closure of the opening of the windpipe; or he may be worn out by the severe and painful spasms, the muscles may relax, and the patient gradually sink and die. The disease is generally fatal. The locking of the jaw is an almost constant symptom attending traumatic tetanus--I may say a constant symptom. It is not always strongly marked, but generally so. It is an early symptom. Another symptom is a peculiar expression of the countenance.

By LORD CAMPBELL: I believe this is not peculiar to traumatic tetanus, but my observation is taken from such cases.

Examination resumed: There is a contraction of the eyelids, a raising of the angles of the mouth, and contraction of the brow. In traumatic tetanus the lower extremities are sometimes affected, and sometimes, but somewhat rarely, the upper ones. When the muscles of the extremities are affected, the time at which that occurs varies. If there is no wounds in the arms or legs, the extremities are generally not affected until late in the progress of the disease. I never knew or read of traumatic tetanus being produced by a sore throat or by a chancre. In my opinion, a syphilitic sore would not produce tetanus. I know of no instance in which a syphilitic sore has led to tetanus. I think it a very unlikely cause. The time in which traumatic tetanus causes death varies from twenty-four hours to three or four days, or longer. The shortest period that ever came to my knowledge was eight to ten hours. The disease, when once commenced, is continuous.

Did you ever know a case in which, a man was attacked one day, had twenty-four hours’ respite, and was then attacked the next day?--Never. I should say that such a case could not occur.

You have heard the account given by Mr. Jones of the death of the deceased,--were the symptoms there consistent with any forms of traumatic tetanus that has ever come under your observation?--No.

What distinguishes it from such cases?--The sudden onset of the disease. In all cases which have come under my notice, the disease was preceded by the milder symptoms of tetanus, gradually proceeding to the complete development.

Were the symptoms described by the woman Mills as being presented on the Monday night those of tetanus?--No; not of the tetanus of disease.

Assuming tetanus to be synonymous with convulsive or spasmodic action of the muscles, was there in that sense tetanus on the Monday night?--No doubt there was spasmodic action of the muscles.

There was not, in your opinion, either idiopathic or traumatic tetanus?--No.

Why are you of that opinion? The sudden onset of the spasms and their rapid subsidence are consistent with neither of the two forms of tetanus.

Is there not what is called hysteric tetanus?--Yes. It is rather hysteria combined with spasms, but it is sometimes called hysteric tetanus. I have known no instance of its proving fatal, or of it occurring to a man. Some poisons will produce tetanus. Nux vomica, acting through its poisons strychnia and bruchsia, poisons of a cognate character, produces that effect. I never saw a case of human life destroyed by strychnine.

Cross-examined by Mr. Serjeant SHEE: Irritation of the spinal cord or of the nerves proceeding to it might produce tetanus.

Do you agree with the opinion of Dr. Webster, in his lectures on the Principles and Practice of Physic, that in four cases out of five the disease begins with lockjaw?--I do.

Do you agree with Dr. Watson that all the symptoms of tetanic convulsions may arise from causes so slight as these;--the sticking of a fish-bone in the fauces, the air caused by a musket-shot, the stroke of a whip-lash under the eye, leaving the skin unbroken, the cutting of a corn, the biting of the finger by a favourite sparrow, the blow of a stick on the neck, the insertion of a seton, the extraction of a tooth, the injection of an hydrocele, and the operation of cutting?--Excepting the percussion of the air from a musketball, I think that all these causes may produce the symptoms referred to.

Do you remember reading of a case which occurred at Edinburgh, in which a negro servant lacerated his thumb by the fracture of a china dish, and was instantly, while the guests were at dinner, seized with tetanus?

The ATTORNEY-GENERAL, interposing before the witness replied: I have taken some pains to ascertain what that case is, and where it is got from.

Cross-examination continued; Could traumatic tetanus occur within so short a time as a quarter of an hour after the reception of an injury?--I know of no well-authenticated instance of the kind.

Did you inquire into this case which is mentioned in your own treatise--“A negro having scratched his thumb with a piece of broken china, was seized with tetanus, and in a quarter of an hour after this he was dead?”--I referred to authority as far as I could, but I did not find any reference to it except in Cyclopædias. When I wrote that book I was a young man 22 years of age. I have maturer judgment and greater experience now.

You say that no case of idiopathic tetanus has come under your notice?--None.

I dare say you will tell us that such cases are not so likely to come to the hospital as those of a wound ending in traumatic tetanus; they would more likely, in the first instance, to come under the notice of a physician than that of a surgeon?--Certainly.

By Lord CAMPBELL: I have read of cases of idiopathic tetanus in this country.

Mr. Serjeant SHEE: We shall be able to show that there have been such cases.

Cross-examination continued: Do you not know that very lately there was a case in the London Hospital, a case in which tetanus came on so rapidly and so unaccountably, that it was referred to strychnine, and it was thought necessary to examine the stomach of the patient?--I know that such an opinion was entertained before the history of the case was investigated. I have heard that no strychnine was found. In that case old syphilitic sores were discovered.

By Lord CAMPBELL: I did not see the patient, who was under the care of the house-surgeons, who are now in court.

Cross-examination continued: Might not the irritation of a syphilitic sore, by wet, cold, drink, mercury, and mental excitement, lead to tetanic symptoms?--I do not think that that is very likely. The irritation which is likely to produce tetanus is the sore being exposed to friction, to which syphilitic sores in the throat are not exposed. I should class tetanus arising from the irritation of a sore as “traumatic.” Cases very rarely occur which it is difficult to class as either “traumatic” or “idiopathic.” I should class tetanus arising from irritation of the intestines as “idiopathic.” The character of the spasms of epilepsy is not tetanic.

Not of the spasms; but are not the contractions of epilepsy sometimes continuous, so that the body may be twisted into various forms, and remain rigidly in them?--Not continuously.

For five or ten minutes together?--I think not.

Does it not frequently happen that general convulsions, no cause or trace of which in the form of disease or lesion is to be found in the body after death, occur in the most violent and spastic way, so as to exhibit appearances of tetanic convulsions?--No instance of the kind has come under my observation.

Do you agree with this opinion of Dr. Copeland, expressed in his _Dictionary of Practical Medicine_, under the head “General Convulsions.” “The abnormal contraction of the muscles is in some cases of the most violent and spastic nature, and frequently of some continuance, the relaxations being of brief duration, or scarcely observable, and in others nearly or altogether approaching to tetanic?”--I would rather speak from my own observation. I have not observed anything of the kind.

Does it not happen that a patient dies of convulsions, spastic in the sense of their being tumultuous and alternating, and chronic in the sense of exhibiting continuous rigidity, yet after death no disease is found?--It does not often happen to adults.

Does it sometimes?--I do not know, nor have I read of such a case. I have no hesitation in saying that people may die from tetanus and other diseases without the appearance of morbid symptoms after death.

Are not convulsions not, strictly speaking, tetanic, constantly preserved by retching, distention of the stomach, flatulence of the stomach and bowels, and other dyspeptic symptoms?--Such cases do not come under my observation as a hospital surgeon. I think it is very probable that general convulsions are accompanied by yelling. I don’t know that they frequently terminate fatally, and that the proximate cause of death is spasm of the respiratory muscles, inducing asphyxia.

Re-examined by the ATTORNEY-GENERAL: These convulsions are easily distinguished from tetanus, because in them there is an entire loss of consciousness.

Is it one of the characteristic features of tetanus that the consciousness is not affected?--It is.

Dr. TODD, examined by the ATTORNEY-GENERAL: I am physician at King’s College Hospital, and have held that office about twenty years. I have also lectured on physiology and anatomy, on tetanus and the diseases of the nervous system, and have published my lectures. I agree with the last witness in his distinction between idiopathic and traumatic tetanus. I have seen two cases of what appeared to me to be idiopathic tetanus, but such cases are rare in this country.

By Lord CAMPBELL: I define idiopathic tetanus to be that form of the disease which is produced without any external wound, apparently from internal causes--from a constitutional cause.

Examination resumed: In my opinion, the term “tetanus” ought not to be applied to disease produced by poisons; but I should call the symptoms tetanic, in order to distinguish the character of the convulsions. I have observed cases of traumatic tetanus. Except that in all such cases there is some lesion, the symptoms are precisely the same as those of idiopathic tetanus. The disease begins with stiffness about the jaw. The symptoms gradually develop themselves and extend to the muscles of the trunk.

When the disease has begun is there any intermission?--There are remissions, but they are not complete; only diminutions of the severity of the symptoms--not a total subsidence. The patient does not express himself as completely well, quite comfortable. I speak from my own experience.