Chapter V: Part 5

Examination resumed--How is it the absorption would be quicker in a rabbit?--I think it is from the effects produced; that will also depend on the state of the stomach, as to whether there be much food in the stomach and whether the poison comes in immediate contact with the inner surface of the stomach. The poison must first, I believe, be absorbed before it acts on the nervous system.

[Sidenote: Alfred Taylor]

Will you describe the series of symptoms from the commencement to the close?--The animal for about five or six minutes does not appear to suffer; it moves about freely and actively. It then, when the poison begins to act, suddenly falls on its side. There is a trembling of the whole muscles of the body, a sort of quivering motion arising from the poison producing those violent and involuntary contractions. There is then a sudden paroxysm of it; the fore legs and the hind legs are stretched out, the head and the tail are drawn back so as to give it the form of a bow. The jaws are spasmodically closed, the eyes are prominent, protruding. After a short time there is a slight remission of the symptoms, and the animal appears to lie quiet, but the slightest noise or touch reproduces convulsive paroxysms. There is sometimes a scream or sort of shriek; the heart beats very violently during the fit, and after a succession of these fits the animal dies quietly.

There is not invariably, immediately prior to death, a remission of the symptoms?--I have only known an animal has died by having the hand over the heart. It has been in a state of spasms at that time. In one or two cases the animal has died quietly, as if there was a remission; sometimes it dies apparently during the spasms itself.

What appearance have you observed after death which would be different from the ordinary appearances--the outward appearances? Are the muscles more than usually rigid?--In some instances the animal has been rigid throughout; that is to say, it has died in a spasm, and the rigidity has continued, the muscles so strongly contracted that for a week afterwards it was possible to hold the animal horizontally extended by the hind legs without the body falling. In an animal killed the other day the body was flexible at the time of death, but it became rigid about five minutes after death. I have opened the bodies of animals that have been thus destroyed. I have found no appearances in the stomach or intestines which would indicate any injury there. I have found in one or two cases congestion of the vessels of the membranes. In other cases I have not found any departure from the ordinary state of blood. The membranes of the spinal cord and brain are a continuation one of the other, so that it is not easy to have congestion of one without congestion of the other. The congestion of those membranes has been due to fits which the animal has had before death. In three out of five cases I failed to discover any abnormal condition of the spinal cord or brain. As to the hearts of animals thus killed, from all that I have seen the heart has been congested with blood, the right side especially. The description given by Elizabeth Mills and Mr. Jones of the symptoms which accompanied the attack on Mr. Cook are similar to those I have seen in animals to which I have administered strychnia.

[Sidenote: Alfred Taylor]

How long does it take in the case of rabbits to which you have administered strychnia from the time the first symptoms manifest themselves to the time of the death?--They have died in various periods--one died in thirteen minutes, one in seventeen minutes; that, I should mention, would be the whole time. The symptoms appear more rapidly when the poison is administered in a fluid state, and death has taken place in five or six minutes after. The experiments which I have particularly noticed and performed lately, and which I am about to detail, have been in reference to solid strychnia. In the first the symptoms began in seven minutes, and the animal died in thirteen minutes from the time the poison was given; in the second the symptoms appeared in nine minutes, the animal died in seventeen minutes; in the third the symptoms appeared in ten minutes, the animal died in eighteen minutes; in the fourth the symptoms appeared in nine minutes, and the death took place in twenty-two minutes; in the fifth the symptoms appeared in twelve minutes, and the death took place in twenty-three minutes. In the human subject, supposing this poison to be administered in the shape of pills, I should expect it would take a longer period before the poison began to act, because it requires that the pill structure should be broken up in order to bring the poison in contact with the mucous membrane of the stomach.

[Sidenote: Alfred Taylor]

Given that the poison is administered in both cases, to the rabbit and the human subject, in the shape of pills, should you expect a longer period before it began to act on the human subject than the rabbit?--I do not think we can fairly draw any inference; the circulation and absorption are very different. It is very probable that there would also be a difference between one human subject and another in the power of taking the thing up with more or less rapidity. The strength of the dose would make a difference; a large dose would be more rapid than a small dose. I have experimented upon the intestines of animals to reproduce the strychnia or to discover it. (Dr. Taylor described the chemical tests.) These colour tests, as they are called, are, I think, very fallacious. There are other vegetable matters to which, if these colour tests are applied, similar results as to colour would be obtained. A mixture of sugar and bile will produce the purple and red tint, for instance. Vegetable poisons are more difficult of detection by chemical processes than the mineral ones, and the tests are more fallacious. In four cases of animals destroyed by strychnia Dr. Rees and I endeavoured to reproduce the strychnia, and then applied to it those colouring tests which I mentioned just now. We also tried the effect of taste. In one case by the colour test we satisfied ourselves of the presence of strychnia; in another there was a bitter taste in the liquid, but no indication of strychnia by the colour test. In other two cases there was no indication at all of the presence of strychnia. In the first case we had given a dose of two grains at intervals; in the second case one grain; in the other two cases one grain and half a grain.

How did you account physiologically for the absence of any indication of strychnia where you know strychnia to have been given and to have caused death?--By absorption into the blood so that it is no longer in the stomach; it is in a great part too changed in the blood. In the case of the larger dose there would be a retention of some not absorbed. That would be in cases beyond what was required for the destruction of life. If the minimum of the quantity required to destroy life was given, I do not think I would find any. It would be removed by absorption, and no longer discoverable in the stomach.

Are there any chemical means you are acquainted with whereby the presence of this poison can be detected in the tissues?--There are not; there is no process I am acquainted with when it is in a small quantity; so far as I know it cannot be detected.

In addition to this distribution of the half grain, which you tell us is known to have destroyed human life, over the whole system, in your opinion does it undergo decomposition as it mixes itself with the animal tissues?--I believe it undergoes some change in the blood. That increases the difficulty in detecting it in the tissues. I have never heard of its being separated in a crystallised state from the tissues.

[Sidenote: Alfred Taylor]

After the post-mortem examination on the body of Mr. Cook some portion was sent up to me. I experimented to ascertain if there were any poison present. We sought for prussic acid, oxalic acid, morphia, strychnia, veratrea, a poison of white hellebore, the poison of tobacco, hemlock, arsenic, mercury, antimony, and other mineral poisons generally. We only found small traces of antimony. The part which we had to operate upon was in the most unfavourable condition for finding strychnia if it had been there. The stomach had been completely cut from end to end; all the contents were gone, and the fine mucous surface, on which any poison if present would be found, was lying in contact with the outside of the intestines, all thrown together. There was also succulent matter on the surface of the mucous membrane, derived from the intestines, the contents of which partly escaped. The inside of the stomach had been forced into this mass of intestinal succulent matter; at any rate, it was lying so. In journeying up to London it must have been shaken in every possible way. The contents of the intestines were there, but the contents of the stomach were gone. If there had been any of this poison present I should have expected to have found it in the contents of the stomach and on the mucous membrane. At my request other portions of the body were sent--the liver, the spleen, and the two kidneys; in addition, a small bottle of blood, unlabelled, giving us no idea whence it was taken. We analysed all those portions. We searched for mineral poison in the liver and kidneys, and discovered antimony in an eighth part of the liver; we analysed only the left kidney and the spleen, and there were traces of antimony in each. The quantity was less in proportion in the spleen than in the other parts. The blood contained antimony.

Would its being found in the blood enable you to form any opinion how shortly before death the antimony had been given?--It is impossible to say with any precision, but I should say shortly before death--within some days; the longest period known at which antimony has been found in the blood, after a person has ceased to take it, was eight days. I heard the account by the servant girls of the vomiting of Mr. Cook; I also heard the account given of his vomiting at Shrewsbury, and by the medical men, Gibson and Jones, and Dr. Bamford’s deposition as to the concomitant symptoms. In my opinion, the vomiting would be such as might be produced by antimony. Tartar emetic is soluble in fluids, and if mixed with broth or toast and water would not affect the colour.

From these traces of the antimony can you form any judgment as to the time when the antimony was taken?--It is impossible to say with any precision, but I should say within two or three weeks at the outside. We did not find any perceptible quantity dissolved in the fluids of the body and the washings of the stomach; therefore I should infer there was no evidence of any given within some hours of death. I think that which I found in the liver might have been administered within eighteen hours of death or within two days. I know by experience it takes a shorter time to get to the liver. Antimony does not affect the taste of anything if it is given in quantities which would cause vomiting. If a large quantity was taken at once it might leave a choking or constricting sensation, as if the throat was contracted. There was no trace of mercury. I should have expected to find mercury according to the quantity taken. If a few grains had been taken recently before death I should expect to find some trace in the liver. Supposing a man had been taking mercury for any syphilitic affection within anything like a recent period before death I should expect to find it. I heard the evidence which was given as to the deaths of Mrs. Smith, Agnes French, and the lady referred to, and also the case of the gentleman of whom Mr. Moore spoke. Judging by the results of my own experiments and studies, I agree that those deaths were occasioned by strychnia. Mr. Cook’s attacks appear to me to be of a similar character.

As a professor of medical science do you know any other cause in the nature of human diseases to which the symptoms of Mr. Cook’s death can be referred except to strychnia?--I do not.

[Sidenote: Alfred Taylor]

Cross-examined by Mr. SERJEANT SHEE--In the course of your examination you have frequently used the words “traces of antimony.” What was the meaning of “trace”?--A very small quantity.

In analytical chemistry does it mean an imponderable quantity?--I do not apply it in that shape. Some chemists mean that. I mean we obtained some quantity in that sense from many parts, and that the quantity thus calculated would make a ponderable quantity in the whole. We have about half a grain.

You did not actually ascertain it to amount to half a grain?--No. I do not think a quarter of a grain would have explained the quantity we obtained. I will undertake to say there was half a grain to the best of my judgment.

In all parts of the body you examined?--There was more in the parts of the body examined, but we extracted that quantity.

In your judgment would that be sufficient to cause death?--No. I was first asked to investigate this case on Tuesday, 27th November, by Mr. Stevens. Either on that day or subsequently he mentioned the name of Mr. Gardner to me. After Mr. Stevens spoke to me he and Mr. Boycott came together with these jars.

You wrote a letter, the whole of which I will read to you. It is in reply to a letter received from Mr. Gardner--

Dr. Rees and I have compared the analysis to-day. We have sketched
a report, which will be ready to-morrow or next day. As I am going
to Durham Assizes on the part of the Crown, in the case of _Reg._
v. _Wooler_, the report will be in the hands of Dr. Rees, No. 26
Albemarle Street. It will be most desirable that Mr. Stevens should
call on Dr. Rees, read the report with him, and put such questions
as may occur. In reply to your letter received here this morning, I
beg to say that we wish a statement of all the medicines prescribed
for deceased (until his death) to be drawn up and sent to Dr. Rees.
We did not find strychnia nor prussic acid or any trace of opium.
From the contents having been drained away, it is now impossible to
say whether any strychnine had or had not been given just before
death. But it is quite possible for tartar emetic to destroy life
if given in repeated doses; and, as far as we can at present form
an opinion, in the absence of any natural cause of death, the
deceased must have died from the effects of antimony in this or
some other form.

Was that your opinion at the time?--It was. That was all we could infer from the chemical analysis.

[Sidenote: Alfred Taylor]

Have you not told me to-day that the quantity of antimony that you found in Cook’s body was not sufficient to account for death?--Perfectly so; but what was found in Cook’s body was not all he took. We found antimony, and we could not account for its being there. I wrote to know whether antimony had been given as a medicine, and I considered, as people had died from antimony, it was necessary to have information of the symptoms connected with the man’s death, which I knew nothing about at the time; finding antimony there and no explanation, I put it as the only hypothesis to me to account for death.

Had you any reason to think any undue quantity had been administered to him?--I could not speculate on that from the quantity there, for I did not know at all what quantity he had taken, and whether it had been prescribed medicinally.

May not the injudicious use of quack medicines containing antimony, such as James’ powder or other mixtures, have accounted for as much antimony as you found in the body of Mr. Cook?--Any antimonial preparation would account for it. I knew strychnia was bought before we sent in the report. Mr. Gardner gave the information in a letter in reply to that which has been read that strychnia, prussic acid, Batley’s sedative of opium, had been bought by the prisoner. After giving my evidence at the inquest I returned to town. Soon after I knew that the prisoner had been committed on the charge of wilful murder.

You knew, of course, that his life depended in a great degree on your opinion?--No; my opinion was in reference to the death by poison; I expressed no opinion of the prisoner’s guilt. I knew I would be examined as a witness upon his trial. I wrote a letter to the _Lancet_ on the subject, contradicting several misstatements which were made regarding my evidence. I have never had under my own observation the effects of strychnia on the human body; but I have written a book upon the subject.

Do you, from your reading, know of any fatal case in which the patient under strychnia poison has had, while the paroxysm lasted, as much command over the muscles and voluntary motion as Mr. Cook had on the Monday and Tuesday nights, according to the evidence of Mills and Jones?--I do not see that he had much command over the muscles of voluntary life. His symptoms are quite in accordance with the ordinary action of strychnia.

Can you tell me a single case of a patient seized with tetanic symptoms by strychnia poison sitting up in his bed talking?--He was seized with the tetanic symptoms after he sat up in his bed.

Do you know of a single case of the symptoms of poison by strychnia commencing or exhibiting themselves during any time of the paroxysm by the operation of beating the bed?--There have been only about fifteen cases altogether; I have not heard of a person taken ill in bed before.

[Sidenote: Alfred Taylor]

Is not the beating of the bed well known under the name of malasaux; is it not a very common symptom of ordinary convulsions?--No, I do not think it is the case, not to my knowledge. I have not a case of a person sitting up in bed and beating the bed.

Have you known any instances in which the patient has screamed before he was seized with the fit?--No. That is common in convulsions not occasioned by strychnia poisoning. In many cases they scream very soon after the spasm sets in; the pain felt is very severe.

This is before the convulsions begin?--No, I have never known that. I have known cases in which they speak freely, but not after the paroxysm has commenced; I do not remember a case at the present time.

Can you tell me or refer me to any one case in which the effect of the strychnia affection or paroxysm in a fatal case has been as long after the ingestion of the poison as in Cook’s case on Tuesday night?--Yes. In a case communicated to the _Lancet_ of 31st August, 1850, p. 259, by Mr. Bennett, one grain and a half of strychnia, taken by mistake, destroyed the life of a healthy young female in an hour and a half, which is remarkable, as no symptoms appeared for an hour.

May I take it that is the longest period which has elapsed between the ingestion of the poison and the commencement of the symptoms on record?--No, I think not.

Do you know a single case in which the symptoms have manifested themselves as long as an hour and a half after the ingestion of the poison?--No, I do not.

Do you know any case of strychnia poison in which the patient has recovered from a paroxysm in as short a time as Mr. Cook did, he being well before the morning?--I do not remember any, but I can conceive in medical practice such cases.

Do you know any case of strychnia poison in which there was so long an intermission of the paroxysm as between the two fits of Monday and Tuesday night?--No, I do not.

As you choose to go upon rabbits, do you not know that it constantly happens, even in rabbits, that the spasm and the contraction instantly cease immediately with death, or just before death, and that the body becomes perfectly pliant?--No, I do not. It does so in some instances, in one out of five cases.

[Sidenote: Alfred Taylor]

Do you agree in this opinion of Dr. Christison--“I have not altered the statement as to this point in the former edition, that is, that the rigidity supervenes at an early period after death; yet I strongly suspect the authors who describe the spasm which precedes death to continue as it were without the rigidity that occurs after death must have observed inaccurately, for, in the numerous experiments that I have made and witnessed upon animals, flaccidity of limb continued after death”?--Dr. Christison speaks from his own experience; I speak from my own.

Have you any reason to say that the clenching of the hand is a distinctive feature of strychnia poison?--It is the result of violent tetanic spasms. It occurs in other violent spasms.

In all forms of convulsion?--No; the great point is this, that in tetanus it remains so; in other convulsions it comes and goes.

Is it always so?--That is according to my knowledge.

Re-examined by the ATTORNEY-GENERAL--I have met with three cases in a human subject in which it has appeared that the heart was found empty after death, where the death had taken place from strychnia. I think the emptiness of the heart is owing to spasmodic affection, the effect upon the heart in the last moment of life. I know of no reason why that should be more likely to be the case in the human subject than in a small animal like a rabbit. The only thing I would observe is, that I think the heart is generally more affected by the paroxysm, so that the blood accumulates.

Suppose the paroxysms short and violent, and cause death in a few minutes?--That is the kind of case in which I should expect to find it empty. The rigidity after death in the cases where I found it always affected the same muscles, the muscles of the limbs, specially the muscles of the back. In the case of poisoning by strychnia, where the rigidity was relaxed in death, it returns while the body is warm.

Would the rigidity of the extremities as long as two months after death, the clenching of the hands, and the twisting of the feet, afford you any indication of whether the person died of tetanus?--I have never known such a case. That would indicate, in my opinion, great violence of the spasm with which the party died.

With regard to the duration of time in which the effects of the poison would begin to act, to show itself, would it be uniform, do you think, in all persons to whom the same quantity of poison might be given?--It would vary according to the constitution and the strength, according to the power of absorption.

* * * * *

[Sidenote: G. O. Rees]

Dr. GEORGE OWEN REES, examined by Mr. JAMES--I am a Fellow of the College of Physicians, and Lecturer on Materia Medica at Guy’s Hospital. I believe strychnia is absorbed always before it produces the symptoms. If enough strychnia is given to destroy life, that might be done without our being able to discover it after death. I agree with Professor Taylor that it is the excess that is found. Where vitality is destroyed by the effects of the poison, and an excess remains, I would expect with care to discover that excess. The symptoms in the cases of death from strychnia that have been given are analogous, in my opinion, to those of Mr. Cook, and to those produced by strychnia in the experiments I have seen made on animals.

* * * * *

[Sidenote: R. Christison]

Professor ROBERT CHRISTISON, examined by the ATTORNEY-GENERAL--I am a Fellow of the Royal College of Physicians and Professor of Materia Medica to the University of Edinburgh. I published in 1845 a treatise on poisons in relation to medical jurisprudence. Among other poisons, I have turned my attention to strychnia. It acts upon the human frame by absorption into the blood, and then by acting on the nervous system. I have seen a case of strychnia poisoning, but not a fatal one, in a human subject. I have frequently seen experiments tried upon animals--frogs, rabbits, cats, dogs, and one wild boar. In most of my experiments I have given very small doses, a sixth part of a grain, but sometimes as much as a grain. The first symptom that I have observed has been a slight tremor and unwillingness to move, then frequently the animal jerks its head back slightly, and very soon after that all the symptoms of tetanus come on, which have been so often described in the evidence of previous witnesses. There is occasionally an intermission of the spasms for a short while. Where the poison has been introduced into the stomach, between five or six minutes and twenty-five minutes have elapsed from the commencement of the symptoms to the death of the animal. From the giving of the poison to the first symptoms coming on, the appearance of tremor, I have seen as long as twelve minutes elapse, and from the first commencement of the symptoms to their termination in death from five or six minutes to twenty or twenty-five minutes. The symptoms have always been very much the same. Where we can trace it very correctly, I think the jaws and the back of the neck are affected first, then the trunk and the extremities in such rapidity that it is very difficult to follow them in succession. I have sometimes observed differences in individuals of the same species; the intermission sometimes is wanting; some lie in one long continuous spasm, with scarcely any intermission, but that is uncommon. I have generally found that the animal is in a state of flaccidity about the period of the termination of life. I have always observed an interval before the rigidity that takes place after death. There is a cessation of the symptoms immediately before death; the rigidity is gone, the body is flaccid. The rigidity is renewed very soon after death. I have frequently opened the bodies of the animals that have thus been killed. I never could find that the poison had produced any apparent effect upon the stomach or intestines. I have never found any apparent effect on the spinal cord or brain which I could trace satisfactorily to the poison. I have always found that the heart of the animal after death contained blood. Others have found it devoid of blood, but I have not. In the one case of the human subject which I saw the symptoms were the fixing of the jaw, spasmodic retraction of the head, slight grinning expression of the mouth, and a slight stiffness of the arms and legs. There was no convulsion of the muscles of the trunk, nor any convulsive movement of the arms and legs in that case. I have collected all the cases that have occurred up to the time of the publication of my book as far as I am aware. The poison appears to require a longer time in producing its effect in the larger animals than the small. In the case of the wild boar, the poison was injected into the chest. The animal died in ten minutes, from the third of a grain. I think there are cases where strychnia, given to the human subject in the shape of nux vomica, has not operated for about an hour. Strychnia itself is generally given in the solid form, sometimes in the fluid form. When given in the fluid form the symptoms are not so long in appearing as when given in the solid form. When given in the shape of a pill the time it takes to act depends very much upon the material used for making the pill. To make the appearance of the symptoms as late as possible the poison might be mixed up with resinous materials, which are all difficult of digestion. Such materials would be within the knowledge and reach of a medical man, and some are often used for making ordinary pills. Absorption would not begin until the pill came to be broken up or digested; the less soluble the pill the longer would be the period required.

Now, independently of that, does the state of knowledge upon this subject enable you to predicate with anything like certainty or accuracy the period that would be required in the human subject before such poison would begin to operate after it has been taken into the stomach; does the state of science enable you to form an opinion as to the precise time, or near the precise time, that it would require for this poison to operate?--I do not think we can fix from our present knowledge the precise time for the poison beginning to operate. When we give poison to an animal for the purpose of watching the effect of the poison, we give it in a manner in which it would act most rapidly, whether in the fluid or the solid form. We take care that the animal is fasting, and have every circumstance favourable for the action of poison. We mix it up with materials that are readily soluble in the stomach. I have seen a good many cases of tetanus arising from wounds, but very few from natural diseases.

[Sidenote: R. Christison]

Is there, in your opinion, any marked difference between what I may call natural tetanus and the tetanus of strychnia?--I would not rest much upon the little difference of particular symptoms, but rather upon the course and the general circumstances attending them. First, that in all the natural forms of tetanus the symptoms begin and advance much more slowly; and, secondly, they prove fatal much more slowly. When once set up in natural forms of tetanus there is no intermission. Where the first paroxysm does not prove fatal there are short intermissions in tetanus from strychnia. I heard the evidence given by Elizabeth Mills of what took place on the Monday, and by Mr. Jones of what took place on the Tuesday night when Mr. Cook died.

Now, of the two classes of tetanus, to which should you refer the spasm and other symptoms spoken to by those two witnesses?--To strychnia, or one of the natural poisons containing it--nux vomica, St. Ignatius’s bean, snakewood, and a poison called exhetwick. They belong to different plants of the same genus, from all of which strychnia may be obtained. There is no natural disease that I have ever seen or that I otherwise know to which I can refer these symptoms which I have heard described.

When death takes place from tetanus or tetanic convulsions, does consciousness continue?--As long as one can make an observation upon it, it remains. When the animal is in a state of strong universal spasm it is impossible to make any observation on its consciousness. The heart of a human subject killed by strychnia has sometimes blood in it and sometimes not. Whether the heart contains blood or not depends upon the particular mode of death, or the dose varying. Spasms of the heart would expel the blood.

Where death has taken place from strychnia I should not expect to find it where the quantity taken is small, but where there is a considerable excess over the quantity necessary to destroy life by absorption I should expect to find it. Colouring tests are, I think, uncertain in some respects. Vegetable poisons are generally more difficult to detect. There is one I know for which there is no test I know of. The stomach that was sent to Dr. Taylor to operate upon, from the description that he gave of it to-day, was in a very unsatisfactory condition. If I had been called upon to analyse such a stomach, I should not have entertained any reasonable expectation of doing any good with it if I had not been informed that there was a considerable quantity of strychnia present. I have no doubt, from the evidence I have heard as to the Leeds case, the Glasgow case, and the Romsey case, that they were deaths from strychnia. The symptoms in these cases appear to me very similar to those of Mr. Cook.

[Sidenote: R. Christison]

Cross-examined by Mr. GROVE--From my own observation, I should say that animals who die from strychnia die of suffocation--asphyxia; but in another part of my book which is referred to, I leave the question open. By asphyxia I mean stopping of the respiration.

Where is it in your book?--It is under the head of nux vomica, at the bottom of page 898.

I do not find that meets the case?--It leaves the question open; it takes place through an influence on the heart sometimes, and through an influence on the respiration; it is now more open, particularly from the cases which have occurred of death from strychnia.

In the animals poisoned by strychnia that you examined was there blood in the right cavity?--Yes, in both.

You state in your book, and you tell me that when death does not take place suddenly in a fit of spasms, the person continues to be affected for twelve or fourteen hours, with small or milder paroxysms. Is that a statement which, according to your subsequent knowledge, is correct?--I have known the effects cease in a shorter time.

You state on page 903, after mentioning a case where the body was rigid, “the state of rigidity, however, does not invariably occur; on the contrary, in animals the limbs become very flaccid immediately after death, but the usual rigidity supervenes at an early period.” I presume the rigidity of which you speak is the rigidity of death, rigor-mortis?--Yes.

You have a note--“I have not altered the statement as to this point in a former edition, yet I strongly suspect that authors who describe the spasms which produce death, and continue the rigidity after death, must be inaccurate.” Is that your present opinion?--I think it is very likely, the interval being very short, that the attention may not have been attracted to the fact of there having been an interval of flaccidity. There have been some cases mentioned, very strong indications certainly, of the spasm having continued from the spasm of life to what we call spasm of death; but I still think the differences which are indicated in different cases may be explained on the supposition that there has been a want of minute and accurate attention.

Now, you mention a case on page 906, where a boy, when he was touched, was immediately thrown into a fit. Is it your present impression that, in cases of poisoning by strychnia, there is a tendency to throw the patient into a fit when touched?--That is the only case. In animals it is very remarkable; it is not noticed in the generality of cases. I have been struck with the fact that it has not more often been noted. Dr. Watson’s book mentions one. It is not that the absence of it is noted, but that it is not mentioned at all. I have invariably observed it in animals, unless you touch them very gently indeed.

[Sidenote: R. Christison]

You stated that care was taken in administering strychnia to animals to administer it to them fasting. Do you think it not likely it would supervene more quickly if administered to an empty stomach?--Certainly.

If resinous substances were used in a pill, would they not be found in the stomach on analysis afterwards?--No; if they were not acted upon they might pass into the intestines and be carried off.

Then the strychnia would be discharged with them, would it not?--Certainly, or gradually acted upon with the resinous substances.

I suppose if the resinous substances prevented the poison acting rapidly, it would prevent its absorption into the blood?--For a time.

If so, the more likely to leave portions of it in the stomach or intestines as the case may be?--The more likely.

Re-examined by the ATTORNEY-GENERAL--Would that materially depend on the quantity of the dose?--Both on the dose and on the time during which the pill was allowed to remain. It appears that colour tests are not to be relied upon in the case of strychnia in an impure condition. In the first place, you may not find indications of strychnia, and secondly, they are subject to fallacy, even if the strychnia is pure, from other substances not containing strychnia presenting similar appearances.

The Court then adjourned.

Sixth Day, Tuesday, 20th May, 1856.

The Court met at ten o’clock.

[Sidenote: John Jackson]

Dr. JOHN JACKSON, examined by Mr. JAMES--I am a member of the College of Physicians. I have been in practice for twenty-five years in India, and have seen cases of idiopathic and traumatic tetanus. Idiopathic is more common in India than in this country. I have seen not less than forty cases. It is common with children. In children there is a more marked symptom of lockjaw, but in adults there is no difference between the symptoms of idiopathic and traumatic. I have always seen idiopathic tetanus preceded by a peculiar expression of the countenance, stiffness in the muscles of the throat and of the jaw. In infants it will kill in forty-eight hours; in adults, arising from cold, it is of longer duration, and may continue many days, going through the same grades as the traumatic form.

Cross-examined by Mr. SERJEANT SHEE--The patient always appears uncomfortable for some time before the attack comes on. His appetite and desire for food are not much affected. He may take his food as usual within twelve hours of the preliminary symptoms.

During the twelve hours, supposing the attack to be the first one under which he suffers, does he seem not to relish his ordinary food?--His attention is more directed to the stiffness of his mouth and the stiffness of his neck.

You said to within twelve hours of the attack he relishes his food as if no attack was impending, but does he not appear less desirous of food and less inclined to eat it?--I have never heard that complaint.

Re-examined by the ATTORNEY-GENERAL--What interval has occurred in those cases that have come under your attention between the preliminary symptoms and the tetanic convulsions?--In an infant, not more than twelve hours, and in an adult, from twelve to twenty-four hours; sometimes more than that.

And from the commencement of the tetanic convulsions to death, what time?--That will vary; three days to ten days; it may take place early sometimes, perhaps in two days, but that is early.

Does that apply to traumatic as well as to idiopathic tetanus?--They are both alike, when the disease sets in, as regards the course of the symptoms.

Are the symptoms more or less severe in India than in this climate?--I do not see there is any difference; when once set up, the symptoms of tetanus are the same.

[Sidenote: John Jackson]

In all your experience, did you ever know a case in which the disease ran its course and ended in death in the space of twenty minutes or half an hour?--I have never seen it.

* * * * *

[The rest of this day, after Dr. Jackson’s evidence, was occupied with taking evidence that there was nothing in Palmer’s papers to show joint transactions between him and Cook; as to Pratt’s and Padwick’s accounts; as to Palmer’s pecuniary position generally; as to the forgery of his mother’s name, and the forgery of an endorsement on a cheque for £375 of Cook’s name, by which he passed into his own account that sum which was intended for Cook.]

The Court then adjourned.

Seventh Day, Wednesday, 21st May, 1856.

The Court met at ten o’clock.

Speech for the Defence.

[Sidenote: Serjeant Shee]

Mr. SERJEANT SHEE--May it please your lordships, gentlemen of the jury--I should pity the man who could rise to perform the task which it is now my duty to attempt unoppressed by an overwhelming sense of diffidence and of apprehension. Once only before has it fallen to my lot to defend a fellow-creature upon trial for his life; it is a position, even if the effort should last but for a day, of a nature to disturb the coolest temperament and try the strongest nerves; how much more so when, during six long days, in the eye of my unhappy client, I have been standing between him and the scaffold; conscious that the least error of judgment on my part might consign him to a murderer’s doom, and that through the whole time I have had to breast a storm of public prejudice such as has never before imperilled the calm administration of justice! Gentlemen, it is useless for me to conceal what you know perfectly well, what your utmost endeavours cannot wholly have effaced from your recollection, that for six long months, under the sanction and upon the authority of science, an opinion has universally prevailed that the voice of the blood of John Parsons Cook was crying up unto us from the ground, and that that cry was met by the whole population under an impression and conviction of the prisoner’s guilt in a delirium of horror and indignation by another cry of “blood for blood”! You cannot have failed to have entered upon the discharge of the duties, which you have, as I have observed, most conscientiously endeavoured to perform, without having been to a great extent influenced by that cry; you could not know that it would be your duty to sit in that box to pass between the Crown and the prisoner; you may with perfect propriety, understanding that the facts had been ascertained before a coroner’s jury, and reading such evidence as was there taken, have formed an opinion upon the question of the guilt or innocence of the prisoner; but you cannot but know that whatever that opinion may have been it is your duty to discard it, at least until you have heard the evidence on both sides.

[Sidenote: Serjeant Shee]

Gentlemen, the very circumstances under which we meet in this case are of a character to excite mingled feelings of encouragement and alarm. Those whose duty it is to watch over the safety of the Queen’s subjects felt so much apprehension lest the course of justice should be disturbed by the popular prejudice which had been excited against the prisoner, so much alarmed that an unjust verdict might in the midst of that popular prejudice pass against him, that a resolution was taken, not only by the Queen’s Government and the Legislature, upon the motion of the noble and learned judge, who presides here, in the House of Lords, that an Act of Parliament should be passed to prevent the possibility of the ordinary forms of law being, in the case of William Palmer, made the instrument of popular vengeance. The Crown, under the advice of its responsible Ministers, resolved also that this prosecution should not be left in private hands, but that its own law officer, my learned friend the Attorney-General, should take upon himself the responsibility of conducting it properly, at once sternly in his duty to the public and fairly to the prisoner at the bar; and my learned friend, when that duty was entrusted to him, did what I must say will, in my opinion, for ever redound to his honour--he insisted that in a case in which so much prejudice had been excited all the evidence which it was intended on the part of the Crown to press against the prisoner should, as soon as he received it, be communicated to the prisoner’s counsel; everything, I must say and tell my unhappy client, everything which the constituted authorities of this land, everything which the Legislature and the law officers of the Crown could do to secure a fair and impartial trial in this case, has been done, and the whole responsibility, if unhappily injustice should on either side be done, now weighs with terrible pressure upon my lord and upon you.

[Sidenote: Serjeant Shee]

Gentlemen, one great misfortune has befallen the accused--a most able man who had been selected by him as his counsel many weeks ago has been, unfortunately, by illness prevented from discharging that duty to him. I have endeavoured, to the utmost of my ability, to supply his place; I cannot deny that I am awed--that I am moved--by the task I have undertaken; but the circumstances to which I have already adverted, the national effort, so to speak, through the Government of the country, to ensure a fair trial is a great cause of encouragement, and I am not dismayed. I have this further cause for not being altogether overcome by the duty which I have of defending the prisoner and of discussing the mass of evidence which has been laid before you, that though, of course, like everybody else, I knew generally and loosely, very loosely indeed, the history of these transactions at Rugeley, I had formed, when the papers came into my hands, no opinion upon them, no opinion upon the guilt or the innocence of the prisoner at the bar, and my mind was perfectly free to form what I trust will be declared by you a right judgment in this case. I commence his defence, I say it in all sincerity, with an entire conviction of his innocence. I believe that there never was a truer word pronounced than the words which he pronounced when he said “Not guilty” to this charge. If I fail in establishing that to your satisfaction I shall be under a great misgiving that my failure was more attributable to my own ability to do justice to this case than to any weakness in the case itself; and I will give you this proof of the sincerity with which I declare upon this evidence my conviction of his innocence, that I will meet the case of the prosecution foot to foot at every stage. I will grapple with every difficulty which has been suggested by my able friend the Attorney-General. You shall see that I avoid no point because I fail to approach it, and if you find that I do thus deal fairly with you from the beginning, and it is my duty to do so, I hope I may be sure, indeed I know I may be sure, of a willing and considerate attention to an address which must, I fear, be long, but in which there shall be no observations, no tone, and no topic of discussion which do not properly belong to the case.

Gentlemen, the case which the Crown undertakes to establish against the prisoner at the bar, and to support by entirely circumstantial evidence, is, or may be, shortly stated thus. They say that the prisoner having in the second week in November made up his mind that it was his interest to get rid of John Parsons Cook, deliberately prepared his body for deadly poison by the slower poison of antimony, and afterwards despatched him by the deadly poison of strychnia. No jury will convict a man of the crime thus imputed to the prisoner, unless in the first place it be made clear that he had some motive for its commission, some strong reason for desiring the death of Cook; unless, in the second place, the symptoms of the deceased before death, and the appearance presented by his body after death, were consistent with the theory of death by strychnia poison, and inconsistent with the theory of death from other and natural causes; unless, thirdly, the circumstantial evidence against him is such as to be inexplicable upon the supposition of his innocence. Now, it is under these three heads that I intend to discuss the evidence that you have heard; and it must be plain to you that if I adhere to that order and method of treating the vast amount of proof which has been laid before you, I must exhaust the whole argument, and leave myself no chance without immediate detection of evading any difficulty in the defence.

[Sidenote: Serjeant Shee]

Before, however, I proceed to grapple in these close quarters with the case of the Crown, as made by the Attorney-General, allow me, that you may at once see the whole scope of the address with which I have to trouble you, to claim its proper place in the discussion for a fact which, though by no means concealed from you by the Attorney-General, yet appeared to me in that address by which he at once seized upon your judgment to have been thrown too much into the shade, the fact that strychnia was not found in the body of John Parsons Cook. If he died from the poison of strychnia, he died within two hours of the administration to him of a very strong dose of it--he died within a quarter of an hour or twenty minutes of the effects of that dose being visible in the convulsions of his body; the post-mortem examination took place within six days of his death--there is not the least reason to suppose that between the time of the ingestion of the poison, if poison was taken, and the paroxysm in which he died, there was any dilution of it in the stomach, or any ejection of it by vomiting. Never, therefore, were circumstances more favourable; unless the science of chemical analysis is altogether a failure for detection of the poison of strychnia, never was there a case in which it ought to have been so easy to produce it. Now, the fact is, and it is beyond all question, that it was not found. Whatever we may think of Dr. Alfred Taylor, of his judgment, and of his discretion, we have no reason to doubt that he is a skilful analytical chemist--we have not the least reason to suppose, we know the contrary, that he and Dr. Rees, who assisted him, did not do all that the science of chemical analysis could enable man to do to detect the poison of strychnia. They had distinct information from the executor and near relative of the deceased, either personally or through his solicitor, that he, for some cause or other, had reason to suspect the poison of strychnia; they undertook the examination of the stomach, which, I think, upon the whole evidence, without adverting to that part of it now in detail, you will be satisfied was not in an unfavourable condition for a sufficiently accurate analysis, with the expectation that if strychnia had been taken it would be found, and without any doubt as to the efficiency of their tests to detect it; and yet in their letter of the 4th of December they say, “We do not find strychnia, prussic acid, or any trace of opium; from the contents of the stomach having been drained away it is impossible to say whether any strychnia had or had not been given just before death, but it is quite possible for tartar emetic to destroy life, if given in repeated doses; and, as far as we can at present form an opinion, in the absence of any natural cause of death, the deceased may have died from the effects of antimony in this or some other form.” Having afterwards attended the inquest, and heard the evidence of Elizabeth Mills and Mr. Jones, of Lutterworth, and the evidence of a person of the name of Roberts, who spoke to the purchase of strychnia poison by Palmer on the morning of the Tuesday, Dr. Taylor came to the conclusion that the pills which were administered to Cook on the Monday and Tuesday night contained strychnia, and that Mr. Cook was poisoned by it; and he came to that conclusion, though he had expressed an opinion in writing that he might--and these are his very words--have been poisoned by antimony, of which some trace was found by him in the body, while no trace was found of strychnia.

[Sidenote: Serjeant Shee]