Part 10

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

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

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

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

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

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

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

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

“I am, dear Sir, very truly yours,

“W. PALMER.”

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

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

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

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

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

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

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

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

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

FOURTH DAY, MAY 17.

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

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

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

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

By Lord CAMPBELL: I sat at table with them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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