Chapter IX: Part 9

The Attorney-General opened the case in that way distinctly, that that was the theory for the Crown; “that Palmer had ordered some coffee for Cook on the Saturday morning; it was brought up by the chambermaid, Elizabeth Mills, and given to Cook by Palmer, who had an opportunity of tampering with it before giving it to Cook.” That was the statement which the Attorney-General was instructed to make. There is all the difference between her first statement, that up to the time she had given the coffee to Palmer for Cook, and that Palmer had an opportunity of tampering with it. The young woman would not go so far as that, but she went to this extent--“Palmer came over at eight o’clock--ordered a cup of coffee for Cook--I gave it to Cook--I believe Palmer was in the bedroom--I put it into Mr. Cook’s hands, but I did not see him drink it--I observed afterwards the coffee had been vomited.” The statement thus made by her before you was not so strong as that of the Attorney-General, but, on the other hand, it was a great deal stronger than the statement she made before the coroner, because, according to her story then, Palmer had not an opportunity of dealing with it--she “did not see Palmer up to the time she had given him the coffee.” From the statement which she made here you might suppose that Palmer, if he had chosen, might have got the coffee from Cook--but that is in the last degree improbable--and have done what he wanted to do with it; for she says, “Palmer came over at eight o’clock and ordered a cup of coffee, and that when it was made she took the coffee up into the bedroom and gave it into Cook’s hands” (she believed Palmer was there), “but she did not see him drink it, and afterwards she observed the coffee had been vomited.” These two statements, the one before the coroner and the other before you, are essentially different, and the difference between them consists in this, that the last one supports the theory now set up on the part of the Crown, while the first one is totally inconsistent with it. Can you rely on a woman who has altered her testimony to such an extent? But that is not all; the case for the Crown is that Cook was reluctant to take the pills which were given to him, and that he expressed a reluctance which Palmer of his own head overruled, and that Palmer knew that Cook was angry with him, or, at all events, displeased with him, for forcing him to take the pills. In the first statement of Elizabeth Mills before the coroner she said Cook said it was “the pills that made him ill, and that he had taken the pills about half-past ten.” When she came here she swore that Cook said “the pills which Palmer gave him at half-past ten made him ill”; thereby, you see, fixing the fact that Palmer gave him the pills, and fixing the time at which Palmer gave them to him, she having had an opportunity of learning that the later the pills were given the more favourable it would be to the suspicion that death had been occasioned by this poison. Before the coroner she did not say that Palmer was in Cook’s bedroom between nine and ten o’clock on the Monday night, but she did when she was here. You will see that makes him more about the bedside of Cook, having more opportunity of dealing with the pills. By these variances from her first statement she shows the animus which now, for some reason or other, actuates her. Perhaps it has been the result of the persuasion that Palmer was the murderer of Mr. Cook, as Dr. Alfred Swayne Taylor swore he is, and of her horror of so great a crime; that gives it the just, charitable construction; still, I say, she is not to be relied upon. I have mentioned the particulars in which her statements vary, but these are nothing to the important particulars to which I will now call your attention. I impeach her testimony on the ground that she adopted here a manner and a gesticulation in describing the symptoms under which Cook laboured which, if true, would have exhibited itself at the inquest, and would have at once attracted the attention of Dr. Taylor. The contortions into which she put her hands, and her neck, and her mouth, before you, could not by any possibility have escaped the attention of Dr. Taylor. If anything like it took place there it would have been observed by him, and questions would have been put to reduce, so to speak, those gesticulations into verbal expressions, that they might be recorded in the depositions. But that is not all. I am told, and you will have an opportunity of hearing it from Mr. Nunneley, Dr. Letheby, Dr. Robinson, and other eminent medical men, that the description of the symptoms which she gave to you is inconsistent with any known disease--that they were grouped by her in a manner so extraordinary as to be quite inconsistent with strychnia tetanus.

[Sidenote: Serjeant Shee]

Let me call your attention to this part of the evidence. You are aware that in the months of February (the last week of February) and March a very frightful case of strychnia poisoning occurred at Leeds. It was a case in which a person, having constant access to the bedside of the patient, was supposed to have administered repeated small doses of strychnia so as not at once to strike her down, but gradually to destroy her; and that after having kept her in a state of irritation for a lengthened period, he at last consummated the work and killed her. That was the case. It appeared in all the newspapers. The nurse who attended the patient and the medical gentlemen spoke of symptoms which she exhibited from the 24th or 25th February to the 1st of March, and they described it in this way--She had “prickings” and “twitchings” in the legs, coming on without any violent paroxysms or spasms, and was alarmed at the thought even of being touched by anybody in the intervals of the spasms which occurred from time to time. Now, let me call your attention to the evidence before you of Elizabeth Mills. She says, “He said, ‘I cannot lie down’; his body and neck were moving and jerking; he would throw himself up, jumping and jerking all over his body all the time; he asked me to rub his hands; I noticed him to ‘twitch’ while I was rubbing his hands.” (The learned serjeant read a portion of the evidence.) Now, I submit to you that some of these expressions, particularly the twitching, are very remarkable; and it may well have been that, this case coming before the public and exciting no little degree of attention, although not to the same extent as this Rugeley case, persons who had been in the habit of going to see her and conversing with her may have been asking her questions about this case, of which she admitted she had heard, “Did you observe in Cook any such symptoms as these?” her attention being called to them in such a way as to induce her to alter the statement made by her at the inquest. You cannot, indeed, account, as I submit to you, for so remarkable a difference between the first and second statements, without supposing something of that kind. Now, is it improbable that that did take place? From the time she left the Talbot Arms till she came here she seems to have been a person of very remarkable importance. She went to Dolly’s, and Mr. Stevens visited her six or seven times. Why did he visit here? What for? Mr. Stevens is unquestionably--and if under proper self-restraint, no one can blame him for it--very indignant at what he fears to have been the foul play of Palmer with Cook. He is not in the same condition of life as Elizabeth Mills. Why should he have gone to visit her six or seven times, conversing with her in a private room? She says, “He only came to see whether I liked the place; he called to inquire after my health.” Gardner also, his attorney, saw her once, but only asked her how she was, and they talked about other things. She said she gave the last authentic account of her evidence to a man she did not know--whom she had never seen before; and when I found out, after much questioning, that Mr. Stevens was with him, and asked her why she had not told me so, her answer was, “Because you never asked me.” That raised a laugh, and she enjoyed her triumph. All this looks like having been tutored. I put it to you that you cannot, with any degree of satisfaction, rely on the evidence of the young woman; and you will learn that the confusion and the variety of the symptoms she has put together, taking them partly from her depositions and partly from this new version, have made the case which she described not only not a case of tetanus, but not of any known disease.

[Sidenote: Serjeant Shee]

Now, on this part of the case I have this observation to make; the illness of the Sunday night appears to have been a very remarkable occurrence. It came out in the course of the examination, as a fact spoken to by Cook, and it will be for you to judge, after you have heard the evidence of the medical gentlemen, whether the periodicity of the attacks does not militate against the theory of death by strychnia poison. The illnesses of Cook take place three nights running, exactly at the same time, or if not exactly at the same time, very nearly. I find that is a symptom of very frequent occurrence, that about the same hour of the night, or of the week, or of the month, and very often after the patient has got to bed, the thing occurs. It is about the same hour in this case of Mr. Cook’s. On the question whether the symptoms were such as are consistent with the theory of strychnia poison, and inconsistent with the theory of death from other and natural causes, I have only now further to state what I intend to prove. I will not go through in detail what will be better stated by the gentlemen who will be called; but I shall call a number of most respectable physicians, surgeons, and general practitioners, having extensive experience in our large cities, who all support the view I have to submit to you, and which they have suggested to me as the probable one--that these fits of Mr. Cook were not tetanus, but violent convulsions, the result of the weak habit of his body, which had been increased by his mode of life.

I propose now to discuss the question whether the circumstantial evidence against Palmer be such as to be inexplicable on the supposition of his innocence, and if I show you on the broad and salient features of the evidence that it is not (you will not expect me to go into the more minute details), and I have succeeded in satisfying you on any considerable portion of the points to which I have directed your attention, and if the evidence comes up to what I have been instructed to say it will, you will be too happy, recollecting that you are the country in the language of the law--that the country out of doors, in a case of crime, of life and death, is uninformed, without the opportunity of hearing the witnesses examined or cross-examined on their oaths to decide between the Crown and the Queen’s subject on the evidence alone. Every word of this evidence will be carried to all the ends and corners of the earth, and it will remain to be seen whether this great country of England, in a paroxysm or convulsion of prejudice, created by the rashness of one scientific man who had no knowledge of his own about the matter, has made up its mind to sacrifice the life of a fellow-creature under circumstances which would expose any person who has ever been present at deathbed convulsions liable to the same charge.

I say the circumstantial evidence in this case is not such as to justify you in coming to a conclusion of the guilt of the prisoner. I will endeavour in this part of the discussion to address myself to those portions of the case which seem at the first blush of them, and on judicial consideration of them, to require notice. I will not avoid anything that is difficult or that may seem to you difficult, so that when I sit down you will see that I have discussed this great argument fully and fairly in every branch of it, and ask yourselves, what ground is there for any verdict but a verdict of “not guilty”? I will avoid nothing, and proceed at once to one of the most salient points. I will pass over, after an intimation that was made from the bench, the point about pushing the man at the inquest, or the accident of a slit in the covering of the jar, which, sharp instruments being used by the operators, may easily have occurred, or the putting it in a further corner of the room, from which there was no possibility of its being removed. I do not believe that any such circumstances as these would induce you to come to a conclusion against the prisoner.

LORD CAMPBELL--No member of the Court, I think, has intimated any opinion as to the other portions of the case; merely as to the pushing.

[Sidenote: Serjeant Shee]

Mr. SERJEANT SHEE--I do not wish to suggest anything which is not strictly correct, and perhaps I ought not to use what was intimated from the bench in any way, but rather submit that, where everybody perfectly well knew Palmer, in any little apparent shove, so to speak, during the course of the post-mortem, is not to be taken as an evidence of his guilt. It was in leaning over, if at all, to observe an examination of considerable interest to all persons present, and I cannot conceive that anything of this kind can be taken into consideration. No serious complaint was made at the time. Mr. Devonshire said nothing was lost by it. He said also the jar was removed to a corner of the room. It was not removed out of sight. It was in the broad daylight. It was impossible it could be taken away without observation. It would be absurd that Palmer should be suspected of having done so with an improper object. This we know, that he was very reluctant to have the jar removed out of the possession of those on whom he could rely. That is very true; there were some persons who did not want to pay him £13,000; there were some persons who had been doing all they could to undermine his character for a very considerable time, imputing to him the most wicked conduct respecting a near relation, which none of his own relations ever joined in, knowing that there were many persons at Rugeley much prejudiced against him, and it was in his judgment of the last importance that anything which could be brought against him (and it was clear that this post-mortem, from the conduct of Stevens, was intended to found a charge against him), should be kept in unsuspected custody, and that nobody should have an opportunity of tampering with it and its contents. When told that Dr. Harland is coming to make the post-mortem, he says, “I am glad of that, for there is no knowing who might have done it; and it is a satisfaction that you, whom I do know, are coming to superintend it.” I say that was the conduct of a respectable man, who knows that his conduct would bear investigation if it were properly inquired into. But we know also that in a town like Rugeley there were a great many serious people, who could not approve of his habits of life, to whom his running about to races would not much recommend him, and whom he has reason to know would not very much regret any injury which might happen to him.

[Sidenote: Serjeant Shee]

Is there any other part of his conduct connected with the post-mortem which requires explanation? When the jar was going to be sent to town he objects to its going to Frere’s. He had some reason for that. He had an assistant in his service who had been in the service of Frere. We know the jealousies that exist in country towns between professional men. We will not do Mr. Frere the injustice to suppose he would do so great a wrong to Palmer as might result from tampering with the contents of the jar; but still it was right to be cautious, and Palmer told Dr. Harland, “I want you to take it with you to Stafford, and not let it go to Frere’s house.” In these minor incidental matters his conduct appears to me perfectly consistent with innocence. Let me call your attention to this more important matter, on which my learned friend in his instructions was told to rely--and accordingly he did, in the discharge of his duty, rely upon it. I will call your attention to what has been stated by Myatt, the postboy. His evidence was pressed into the case; it could not well be excluded from it as an evidence of guilt. Now, what did it amount to? Before I have done, under the general head of Palmer’s conduct, I will call your attention to what passed between him and Stevens. You will find the conduct and deportment of the latter were such as would make some men almost kick him; it was so very provoking, supposing Palmer was innocent. He dissembled with him--pretended to take his advice--cross-questioned him--changed his tone upon him--now speaking to him mildly, now in a voice of menace--threatened him with a post-mortem examination--and evidently did the whole thing hostilely to him, as if he thought something wrong had taken place, and it was his duty not only to protect the property, but to see any person who had been guilty of foul play towards Cook brought to condign punishment. Stevens, after poring over the remains of the dead man at the post-mortem examination, was ready to leave Rugeley, and a fly was ordered for him and his companion, Mr. Boycott, in which they were to proceed with the jar to Stafford, and thence by rail to London. Now, if there were anybody base enough, either in support of a theory, in support of a reputation--God forbid that I should suggest that to the prejudice of Dr. Taylor!--if there were anybody capable of so great a wickedness as tampering with the jar, it might easily be done; and he was anxious to have it kept by Dr. Harland and not committed to the custody of Stevens. His conduct to Palmer had been vexatious and annoying in the last degree; the fly was being got ready after Palmer, we may suppose, had dined; and meeting the postboy Myatt, he asked him, according to Myatt, whether he was going to drive Mr. Stevens to Stafford. “I told him,” said Myatt, “I was. He asked me if I would upset them?” Now the word “them” was first used in this Court to designate the jars. There was only one jar at that time, so it could not be meant to apply to the jars; if used at all, which I think very doubtful for the reason I tell you--at least in a bad sense--it must have been applied to Mr. Stevens and his companion. And now just see if the facts in this case which are undoubted do not give a reasonable colour to that. Palmer (though I will show you his conduct to Stevens was exemplary in every respect, by putting the dialogue between them before you without making any comment on it) must have felt outraged beyond all expression if--knowing himself to be innocent, that he had acted as a friend and brother to Cook, and had called his relations about him when he was ill--he found himself suspected of stealing a trumpery betting-book, which he knew was of no use to any one, and charged of playing falsely and foully with the life of Cook. He had great cause to be vexed and irritated with Stevens, and that he was so is plain from what he said to Dr. Harland--“There was a queer old fellow,” he said, “who has been down making inquiries, who seemed to be suspicious of my having stolen the betting-book, which everybody knows can be of no earthly use to anybody.” It shows that his mind was impressed with the idea that he was wronged. He may be supposed, communing with himself, to say, “He has ill-treated me; he has encouraged suspicions which have been excited against me already, and which, if he persists in his course of bringing another charge against me in this matter, will probably render it impossible to get the money from the insurance company in time to rescue me from a position which may involve in ruin myself and some members of my family.” That was evidently the tendency of what Stevens was about. He meets this postboy and asks him if he is to be ready to drive the fly to Stafford; the boy says, “Yes, I am.” He said, “If I would upset them there was a £10 note for me.” He has been asked, “Had anything been said about the jars?” I submit to you the true construction of the story, if it occurred at all, is, that being under a feeling of irritation against Stevens, and using strong expressions with regard to Stevens, hearing he was going to Stafford, he said, “I should not mind giving £10 to upset him.” He had been vexed at his conduct, and irritated by the perpetual suspicions and inquisitiveness which he had displayed, even when he went up with him, like a friend, to show him the corpse, uncovering it down to the thighs. Some previous suspicion must have existed in Stevens’ mind; but Palmer had no suspicion of this thought that he was guilty of so foul a crime as that which was imputed to him. If that evidence be throughout true, it is only true in the milder and innocent sense, and I have this reason for saying so. This man was in the service of the landlord of the Talbot Arms, and was always about the yard; he was driving to and from the Talbot Arms every day of his life; he must have been there on the day of the post-mortem examination; he must have been a constant companion of the stable boys and labourers about the yard; and his observation must have been drawn to a thing so striking and remarkable as a post-mortem examination on account of a suspicion of murder. He was not called before the coroner; and nobody knew, at the time the inquest was held, that he had ever said anything which could be fairly taken in a sense which would make it evidence of a guilty mind in Palmer. But if he had said that Palmer said, “I should not mind giving a £10 note to have him upset; it is a humbugging concern,” and in that manner, and with the feeling I have stated, it would not have excited any observation or suspicion, and no one would have summoned Myatt to the inquest. I submit that is the true version of this story. It is not to be supposed that a medical man, knowing that he had given a large dose of strychnia, would suppose that, by the accidental spilling of a jar, the liver and spleen and some of the tissues continuing untouched, he could have escaped the detection of his guilt.

[Sidenote: Serjeant Shee]

Next I shall call your attention to the evidence of Charles Newton; he is a person who has sworn before you that he saw Palmer at Mr. Salt’s surgery at nine o’clock on the Monday night, and that Palmer asked for three grains of strychnia; that he weighed it, and gave it to him in a piece of paper; that is the first part of what he swore before you and my lords. Now, I should tell you how this case has been conducted. As soon as my learned friend the Attorney-General, as counsel for the Crown, was made acquainted with the illness of my learned friend Mr. Serjeant Wilkins, with his inability to conduct the defence and that I was to supply his place, he desired that every scrap of evidence against the prisoner should be forwarded to me, and to my learned friends near me; and, accordingly, as soon as he received this evidence of Newton he forwarded it to me, and I received it on the day this Court met. I believe it was sent to me late on the previous night, but I did not see it until the morning you were sworn; so that this witness Newton did not bring this matter that was in his knowledge of the fact of the purchase by Palmer at Mr. Salt’s surgery at nine o’clock on the Monday night of three grains of strychnia--he did not bring that to the knowledge of the Crown until the night before this trial commenced. Now, he had been examined at the inquest, and he did not tell before the coroner the rest of the story which he told when he was examined here. (The learned serjeant read the examination of Charles Newton.) He did not tell that to the coroner. All he told the coroner was that he was present when Palmer bought some strychnia off Roberts on the Tuesday night in the shop of Mr. Hawkins; he did not speak to the purchase of the strychnia on the Monday night; he knew that he was called to corroborate a statement which Roberts had made as to the presence of Palmer at the shop, and the purchasing of the strychnia on the Tuesday, yet he never said one word at that time either of the fact of Palmer having bought strychnia off him on the Monday night or of his having asked him what appearances, if a dog were killed by strychnia, would be exhibited on its post-mortem examination. A man who so conducts himself is utterly unworthy of credit. There is one honest, laudable motive in a Court of justice, and that is to assist in the administration of the criminal law of the land. If any man had the least hesitation when in Court, or to come into Court and take the oath to depose to what he knew were the facts, we should not be safe against crime for a moment. But you cannot justify the fact of swearing away another man’s life, except under a sense of duty, and for that object; and if a man, knowing that he is to be sworn touching so grave a subject as that of murder, the first time he takes the oath omits a considerable portion of what he knows, and three weeks afterwards tells another portion, and at a further interval comes forward and tells more--enough, in his opinion, to drive the guilt home to the man who is accused--the witness, I say, who conducts himself in that manner ought not to be believed. The prisoner who is convicted upon the evidence of such a man as that is sacrificed by a jury. But there are other circumstances in that statement which render it in the last degree improbable. That Palmer should, once in a week, purchase strychnia in the town of Rugeley is not to be wondered at. Strychnia is sold for many purposes, to kill dogs and vermin, and Palmer, as you may recollect, had often occasion to complain of the dogs from the slipping of the foals and the galloping of the mares. In the course of the evidence in this case it has been mentioned that strychnia was purchased by Palmer twice within the week, when the first time he had bought quite enough, and more, for the purpose imputed to him. But that a person should go and buy strychnia twice in a week in a small country town, having bought enough for all purposes the first time--that he should go and buy more the next day at the shop of a rival tradesman, with whom he was on bad terms--is to the last degree improbable. Common sense revolts at it; nobody can or ought to be believed who makes any such statements. Again, observe he had been to London on the Monday. In London there is no difficulty for a medical man to get anything of the sort which he may require. He has only to write it down in the technical way, so as to give evidence of a medical education, and it is given to him at once, without a word. He had been to London; and, again, if he could not get it there, he could get it at Stafford. Why should he get it at Rugeley? that is the last place that he would have gone to for it. It seems to me that it is equally impossible he ever could have bought it for such a purpose as the purpose attributed to him, and that he would have been, if really guilty, so unwary as to allow the paper in which the strychnia had been not to be found with the full quantity he had purchased in it; he would not have been such a fool as not to take care that the paper in which it was wrapped was full of strychnia before his house was searched, so as to make sure that it should be found that nothing should appear to have been used out of it, and that the exact quantity was in the paper. I submit, therefore, it cannot be believed--it is not credible!

I am now in a condition to satisfy you that Palmer was undoubtedly in town, and that he could not have been there at nine o’clock; that he was in London at a quarter-past three o’clock, and that he could not have been there by nine o’clock--the hours at which the trains start rendered it impossible. The thing is false--downright false. It is impossible to have got to Rugeley before a quarter-past ten, and we will account for what he did in a way that will entirely satisfy you. He attended the post-mortem examination, and is it credible that a skilful medical man, who has studied at the London hospitals, would have gone to that dolt Newton to ask him as to what would be the effects of strychnia on a dog’s stomach? Is it credible that he should go to that stupid sort of fellow, who gave his evidence in that dogged, mulish, sullen manner, which often is indicative of something else besides the want of understanding, and that he would have gone and asked a chap like that, “What are the effects of strychnia?” and then, when he had been told, he would snap his fingers and say, “All right.” It cannot be--it is impossible. No one would believe it; and I submit to you confidently that unless there is much stronger evidence than that, it is evidence on which you cannot rely for a moment. To show the animus of this Newton against Palmer, I will remind you of what he stated. Palmer said that “you will find that he has taken a great deal of mercury; you will find this ‘fellow’ died from a diseased throat.” When he is questioned about it mildly and quietly by my friend Mr. Grove as to what was the exact term used, he answers, “I do not know whether he said poor or rich”; just as if it could be a question of that kind. What we wanted to know was whether he had spoken of the poor dead man in a pitying way, or whether he had spoken of him as a disreputable person, unworthy of all consideration. As to that part of the case I will say no more, and I will proceed to other matters taking you back again to what occurred at Shrewsbury.

[Sidenote: Serjeant Shee]

The case for the Crown is, that as early as the 14th November, at Shrewsbury, the scheme--the plot--of poisoning commenced. That is the supposition of those from whom the case has been taken by the Crown. Now, it is suggested that on the night of Wednesday, the 14th, Palmer dosed this man Cook with something that he put into his brandy, and the witness Fisher told us that Cook told him so. If you remember the early part of my address to you, I read a few words at the end of a letter from Cook to Fisher, in which, after telling him it was of vast importance to him, as well as to Palmer, that £500 should be paid to Mr. Pratt, he adds in a postscript “I am better.” These words must have referred to his illness at Shrewsbury. The letter relates to another matter which is of great importance to him and to Palmer, and he does not seem to treat it as one having in his own mind a belief that Palmer had drugged him with poison for the purpose of destroying his health at Shrewsbury. Then, again, on the evidence, what does Palmer say himself about what occurred at Shrewsbury? He says, when it is mentioned, “Cook says I have put something in his glass; I do not play such tricks with people”--taking it as if it had been never understood otherwise than as a loose expression of a man, perhaps not actually drunk--the evidence does not go to that extent--though I think you will be of opinion he was very nearly approaching to that condition. I could not help being a little amused by a version which I read some time ago of this portion of the Shrewsbury plot. I will read it to you--“After indulging freely in the foreign wines of an English country town, 150 miles from London, the owner of ‘Polestar’ took to brandy and water to restore his British solidity. Tossing off his glass, he complained that there was something in it, for it burned his throat. Perhaps those who have drunk strong brandy and water with similar haste may have experienced the same sensation; perhaps also, like Mr. Cook, they may have vomited afterwards. He bolted his brandy and water down at Palmer’s challenge, and bolted it up again when it encountered the cold champagne. That night he was very drunk, and very sick, and very ill. His dinner he cast up into a basin; his money he deposited with his friend Mr. Ishmael Fisher, a sporting wine merchant, of Shoe Lane, Holborn. To this Mr. Ishmael Fisher the owner of ‘Polestar’ gave £700 to keep till next morning, expressing his belief, at the same time, that Palmer had dosed him for the sake of the money. If such had been Palmer’s intention, would he have left Cook at such a moment? He neither followed him from the room when his stomach rebelled, nor did he go near him all that night. This neglect showed, indeed, how hollow was his friendship, but it proves his innocence; guilt would have been much more officious. Next morning Cook looked very ill, as men are apt to do after excessive vinous vomiting; but his drunken suspicions of Palmer had evaporated with the fumes of the brandy, and they were again friends and brother sportsmen.”

[Sidenote: Serjeant Shee]

I believe that is the true version of the matter, and that Cook believed it to be so. He breakfasted with Palmer the next morning; he was good friends with him the whole of the day, and went with him to Rugeley, and there remained on Palmer’s invitation. In consequence of the letter which Pratt wrote on the 13th, and which Palmer got on the 14th, in which they both had an interest, Cook wrote to Pratt to say that somebody would call on him with £200, and he wrote to Fisher to tell Fisher to do so. Did anybody at that time believe that there was any intention to drug and poison this man? Does not the explanation that Mrs. Brookes gave, which I must say was exceedingly creditable to her, the readiness with which she stated to me that her husband did not approve of her attending races, that it was disagreeable to him; and the dignity, if I may say so, with which she answered the question put to her by my learned friend--“Are you intimate with Palmer?” by this other question, “What do you mean by intimate with him? I am friendly,” seemed to me to entitle her to all due respect. And when she, being called for the Crown, tells you, “That night I heard in several directions of a great number of people who were purged and vomited; there was a general affection of the kind amongst strangers visiting Shrewsbury on that occasion”--I submit to you it was to the last degree improbable that anything of that kind occurred. About the tumbler which she saw in Palmer’s hand I cannot suggest any reason, because it is not in my instructions, but it might probably be accounted for in this way, when he came back from Rugeley and found all the people indisposed he would naturally look at the water to see if there was anything to account for its unwholesomeness. Mrs. Brookes said, and that is the point to which I wish to call your attention, that he was in a passage under a chandelier; that the waiter pointed to him when he showed her upstairs; that he spoke to her while holding up the glass to the light, and said, “Wait a minute, and I will come to you.” Nothing can be more natural than that; and I submit to you it is impossible to say that there is anything to justify a suspicion of poison in it. With regard to the money he gave to Fisher, I can suggest no other reason than that, just before being sick, he gave his money to Fisher, feeling that it was coming upon him, and that his stomach was revolting at the liberties he had taken with it. He had the good sense to place his money, when he was still very sick, in the hands of Fisher, and he afterwards went to bed. It may have been that he had been guilty of excess in eating and drinking, and it was necessary to send for the doctor, who, when he came, wished to send him an emetic. The young man knew so well what to do that he said, “Oh! I can make myself sick without an emetic; I will put my tooth-brush down my throat; I can be sick without your emetic.” He took a pill when it was recommended to him and a black draught, and the moment he laid his head on his pillow he was perfectly free from any alarm, and he got up the next morning perfectly well. Gentlemen, that is really too ludicrous to be worthy of a moment’s consideration. Now, let us go to certain other matters, and more particularly to the conduct of the prisoner himself. I would just mention that there was a person there of the name of Myatt in the room at the time they say the brandy and water was drugged. Why was he not called? The others came in just before going to bed, but Myatt had been there the whole evening, and was not a mere accidental visitor in the room. You will hear his version so far as it is necessary. They have now got back to Rugeley, and then the history of the slow poisoning continues. Cook and Palmer go back together, and probably they talk all the way about Pratt and their difficulties, and the way of getting out of them, and of the small way that the winnings of Shrewsbury will go to effect the object. They both see ruin staring them in the face unless the Prince of Wales office can be forced to pay the money due upon the policy of insurance, and they can remain free from all suspicion of insolvency or misconduct in the meantime. When they get to Rugeley, by sending up the £200 to Pratt, they provide for the temporary difficulty. They are on friendly terms, Palmer making use of Cook’s things, and probably both attaining their own objects, as it would appear that Palmer said directly Cook died that he had some interest in bills which were outstanding; and that might well have been, considering they were engaged in racing transactions; that they were joint owners of one horse; that they had the same trainer, betted for each other at races, and that they were confederates and friends on the turf, in that sort of relation to each other which gave them a joint interest in the same ventures. Cook sat at the table of Palmer on the 16th, and wrote up that night to Pratt. Cook goes to bed late on that evening, well enough, not so drunk as to prevent his asking the chambermaid to give him a longer candle, in order that he might read in bed. He seems to have had a little champagne, not so much as to have made him drunk, yet perhaps too much for a stomach weakened by the excess, if it was excess, at Shrewsbury, or by the vomiting which was occasioned by the illness there, and the hot water which he had taken. He gets up the next morning poorly; he eats nothing that day; ails enough for Mr. Bamford to be called in by Palmer, and Palmer is unremitting in his attention to him on that day and the Sunday following.

[Sidenote: Serjeant Shee]

Now, it is said that that very attentiveness is evidence of the prisoner’s guilt. What, as my friend here (Mr. Grove) says, what is a man to do? Here is a young fellow’s health in very considerable danger. Cook, having a joint interest in racing transactions with Palmer, thinks it convenient to stop at Rugeley, where he has no friend but Palmer. They are not flush of money, and Palmer has a house and an establishment on a moderate scale immediately opposite the inn in which Cook is staying. He is enabled to send such things over as can be got in a private house, not at hotel prices, but at a very trifling expense. He was on a visit to Palmer, and he knew nobody there but Palmer. He was ailing; and as it is very dull for a man who has no intellectual pursuits to be alone all day when out of health, Palmer goes over and talks to him, and attends to him, and gets him what comforts he can. That is what a man would do to a friend; it is precisely what a man would do. If he had not done it, but merely attended to him at night when he was taken ill on the Monday night, without visiting him during the day, it might have been said that he was neglecting him, and only attended to him when he wanted to give him another dose of poison. That is the way the Crown would have put it then! He is laboriously attentive to him under circumstances which can well be accounted for by the reason that he had actually, if not a sincere friendship for him, at least a friendly kind of liking for him, and an interest with him on betting and racing transactions, and could supply him with several things from his house at little or no expense. If Cook had been well he would probably have had his meals at Palmer’s house. He was ill, and Palmer sends Dr. Bamford to him. He saw him at eight o’clock on Sunday morning, and again at six or seven o’clock. Cook told him his bowels had been moved twice or thrice. That is what he told to Dr. Bamford; it may have been known to Palmer that it was oftener, and that the truth was he was slightly suffering under some symptoms of diarrhœa, as he afterwards stated in the letter to Jones. It was Cook himself who told Dr. Bamford about his bowels having been moved; and on the same day Palmer wrote a letter to Jones, intending to bring Jones there, he being about to go to London, and stated “Cook had been suffering from diarrhœa.” It was at Shrewsbury, where everybody else had diarrhœa. He took the pill and black draught, and their effects continued, probably to some extent when he was at Rugeley. It is absurd to pretend that the suggestion of diarrhœa could have any sinister object, as Jones must have ascertained the truth as soon as he arrived at Rugeley.

[Sidenote: Serjeant Shee]

I now beg to call your attention to the next important fact in this case. It seems to me to be, though I touch upon it briefly here, one of the very last importance, and one which ought to decide it in the prisoner’s favour. The supposition of the Crown is, that Palmer intended to dose Cook with antimony, to keep his stomach in a perpetual state of vomiting, in order the more easily to despatch him by strychnia; that he began the plot on the Wednesday at Shrewsbury and continued it at Rugeley, and that during the Sunday Cook was under the influence of that treatment--Sunday was the day Palmer attempted, as was said, to force the broth upon him. Now, being bent, as it is supposed, upon destroying Cook, there is one man in the world who would be the very last witness he would select as a witness of his proceedings. He was a medical man, in the prime of life, intimately acquainted with Cook, living in the same house with him, much attached to him, at all events sufficiently attached to him to come to him as soon as he had heard that he had had an attack of diarrhœa--Mr. Jones, of Lutterworth. Palmer, intending to go to London, and not wishing to leave Cook alone, wrote on the Sunday to Mr. Jones, telling him that Cook was then ill with diarrhœa, a statement which is not altogether inconsistent with the evidence of Dr. Bamford and what Cook stated, and begs of him to come over. I beg of you to pause here for a moment in order to appreciate the full importance of this fact; the more you think of it the more profound will be your conviction that it affords evidence irrefragable of Palmer’s innocence. The imputation upon Palmer is that he intended to kill Cook to possess himself of his winnings. Who was with Cook when the race was won? Who was by his side on Shrewsbury racecourse for the three minutes that he was speechless? Who saw him take out his betting-book and count his winnings? Who but Jones--Jones who was his bosom friend, his companion, his confidant, and who knew to the last farthing the amount of his gains? Jones was, of all men living, the most likely to be the recipient of Cook’s confidence, and the man bound by every consideration of honour, friendship, and affection to protect him, to vindicate his cause, and to avenge his death. Yet this was the man for whom Palmer sent, that he might converse with Cook, receive his confidence, minister to him in his illness, and even sleep in the same room with him! How, if Palmer is the murderer they represent him, are you to account for his summoning Jones to the bedside of the sick man? If Cook really suspected--as we are assured he did--that Palmer was poisoning him, Jones was the man to whom he would most willingly have unbosomed himself, and in whose faithful ear he would have most eagerly disburthened the perilous stuff that weighed upon his own brain. Jones, as well as Palmer, was a medical man, and it is not improbable that, in the course of his studies, the former may have noted in his class-book the very passages respecting the operation of strychnia which had attracted the attention of the latter. Is it conceivable that, if Palmer meant to slay Cook with poison in the dead of the night, he would have previously ensured the presence in his victim’s chamber of a medical witness, who would know from his frightful symptoms that the man was not dying a natural death? He brings a medical man into the room, and makes him lie within a few inches of the sick man’s bed, that he may be startled by his terrific shrieks, and gaze upon those agonising convulsions which indicate the fatal potency of poison! Can you believe it? He might have despatched him by means that would have defied detection, for Cook was taking morphia medicinally, and a grain or two more would have silently thrown him into an eternal sleep; but instead of doing so, he sends to Lutterworth for Jones. You have been told that this was done to cover appearances. Done to cover appearances! No, no, no! You cannot believe it--it is not in human nature--it cannot be true--you cannot find him guilty--you dare not find him guilty on the supposition of its truth--the country will not stand by you if you believe it to be true--you will be impeached before the whole world if you say that it is true--I believe in my conscience that it is false, because, consistently with the laws that govern human nature, it cannot possibly be true.

[Sidenote: Serjeant Shee]