Part 13

The jury came into Court shortly before ten o’clock, and were soon followed by Lord Campbell and Mr. Justice Cresswell, accompanied by the Recorder, the Sheriffs and Under-Sheriffs, &c. Mr. Baron Alderson did not take his seat until about two o’clock.

The prisoner was immediately placed at the bar. There was no alteration perceptible in his countenance or demeanour, and he took notes of several parts of Dr. Taylor’s evidence.

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

Dr. ALFRED SWAYNE TAYLOR, examined by the ATTORNEY-GENERAL: I am a fellow of the College of Physicians, lecturer on medical jurisprudence at Guy’s hospital, and the author of the well-known treatise on poisons and on medical jurisprudence. I have made the poison called strychnia the subject of my attention. It is the produce of the nux vomica, which also contains brucia, a poison of an analogous character. Brucia is variously estimated at from one-sixth to one-twelfth the strength of strychnia. Most varieties of impure strychnia that are sold contain more or less brucia. Unless, therefore, you are certain as to the purity of the article, you may be misled as to its strength. I have performed a variety of experiments with strychnia on animal life. I have never witnessed its action on a human subject. I have tried its effects upon animal life--upon rabbits--in ten or twelve instances. The symptoms are, on the whole, very uniform. The quantity I have given has varied from half a grain to two grains. Half a grain is sufficient to destroy a rabbit. I have given it both in a solid and a liquid state. When given in a fluid state, it produces its effects in a very few minutes; when in a solid state, as a sort of pill or bolus, in about six to eleven minutes. The time varies according to the strength of the dose, and also to the strength of the animal.

In what way does it operate, in your opinion?--It is first absorbed into the blood, then circulated through the body, and especially acts on the spinal cord, from which proceed the nerves acting on the voluntary muscles.

Supposing the poison to have been absorbed, what time would you give for the circulating process?--The circulation of the blood through the whole system is considered to take place about once in four minutes. The circulation in animals is quicker. The absorption of the poison by rabbits is therefore quicker. The time would also depend on the stomach,--whether it contained much food or not,--whether the poison came into immediate contact with the inner surface of the stomach.

In your opinion, does the poison act immediately on the nervous system, or must it first be absorbed? It must first be absorbed.

The symptoms, you say, are uniform. Will you describe them?--The animal, for about five or six minutes, does not appear to suffer, but moves about gently; when the poison begins to act it suddenly falls on its side, there is a trembling, a quivering motion, of the whole of the muscles of the body, arising from the poison producing violent and involuntary contraction. There is then a sudden paroxysm or fit, the fore legs and the hind legs are stretched out, the head and the tail are drawn back in the form of a bow, the jaws are spasmodically closed, the eyes are prominent; 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 another convulsive paroxysm; sometimes there is a scream, or a sort of shriek, as if the animal suffered from pain; the heart beats violently during the fit, and after a succession of these fits the animal dies quietly. Sometimes, however, the animal dies during a spasm, and I only know that death has occurred from holding my hand over the heart. The appearances after death differ. In some instances the rigidity continues. In one case, the muscles were so strongly contracted for a week afterwards, that it was possible to hold the body by its hind legs stretched out horizontally. In an animal killed the other day the body was flaccid at the time of death, but became rigid about five minutes afterwards. I have opened the bodies of animals thus destroyed.

Could you detect any injury in the stomach?--No. I have found in some cases congestion of the membranes of the spinal cord to a greater extent than would be accounted for by the gravitation of the blood. In other cases I have found no departure from the ordinary state of the spinal cord and the brain. I ascribe congestion to the succession of fits before death. In a majority of instances, three out of five, I found no change in the abnormal condition of the spine. In all cases the heart has been congested, especially the right side. I saw a case of ordinary tetanus in the human subject years ago, but I have not had much experience of such cases. I saw one case last Thursday week at St. Bartholomew’s Hospital. The patient recovered.

You have heard the descriptions given by the witnesses of the symptoms and appearances which accompanied Cook’s attacks?--I have.

Were those symptoms and appearances the same as those you have observed in the animals to which you administered strychnine?--They were. Death has taken place in the animals more rapidly when the poison has been administered in a fluid than in a solid form. They have died at various periods after the administration of the poison. The experiments I have performed lately have been entirely in reference to solid strychnine. In the first case the symptoms began in seven minutes, and the animal died (including those seven) in thirteen minutes. In the second case the symptoms appeared in nine minutes, and the animal died in seventeen. In the third case the symptoms appeared in ten minutes, and the animal died in eighteen. In the fourth case the symptoms appeared in five minutes, and death took place in twenty-two. In the fifth case the symptoms appeared in twelve minutes, and death occurred in twenty-three. If the poison were taken by the human subject in pills it would take a longer time to act, because the structure of the pill must be broken up in order to bring the poison in contact with the mucous membrane of the stomach. I have administered it to rabbits in pills.

Would poison given in pills take a longer period to operate on a human subject than on a rabbit?--I do not think we can draw any inference from a comparison of the rapidity of death in a human subject and in a rabbit. The circulation and absorption are different in the two cases. There is also a difference between one human subject and another. The strength of the dose, too, would make a difference, as a large dose would produce a more rapid effect than a small one. I have experimented upon the intestines of animals, in order to reproduce the strychnia. The process consists in putting the stomach and its contents in alcohol, with a small quantity of acid, which dissolves the strychnia, and produces sulphate of strychnia in the stomach. The liquid is then filtered, gently evaporated, and an alkali added--carbonate of potash, which, mixed with a small quantity of sulphuric acid, precipitates the strychnia. Tests are applied to the strychnia, or supposed strychnia, when extracted. Strychnia has a peculiar strongly bitter taste. It is not soluble in water, but it is in acids and in alcohol. The colouring tests are applied to the dry residue after evaporation. Change of colour is produced by a mixture of sulphuric acid and bi-chromate of potash. It produces a blue colour, changing to violet and purple, and passing to red; but colouring tests are very fallacious, with this exception--when we have strychnine separated in its crystallised state we can recognise the crystals by their form and their chemical properties, and, above all, by the production of tetanic symptoms and death when administered through a wound in the skin of animals.

Are there other vegetable substances from which, if these colouring tests were applied, similar colours would be obtained?--There are a variety of mixtures which produce similar colours. One of them has also a bitter taste like strychnia. Vegetable poisons are more difficult of detection, by chemical process, than mineral poisons; the tests are far more fallacious. I have endeavoured to discover the presence of strychnine in animals I have poisoned in four cases, assisted by Dr. Rees. I have applied the process which I first described. I have then applied the tests of colouring and of taste.

Were you able to satisfy yourself of the presence of strychnia?--In one case I discovered some by the colour test. In a second case there was a bitter taste, but no other indication of strychnia. In the other two cases there were no indications at all of strychnia. In the case where it was discovered by a colour test two grains had been administered; and in the second case where there was a bitter taste, one grain. In one of the cases where we failed to detect it one grain, and in the other half a grain had been given.

How do you account for the absence of any indication of strychnia in cases where you know it was administered?--It is absorbed into the blood, and is no longer in the stomach. It is in a great part changed in the blood.

How do you account for its presence when administered in large doses?--There is a retention of some in excess of what is required for the destruction of life.

Supposing a _minimum_ dose, which will destroy life, has been given, could you find any?--No. It is taken up by absorption, and is no longer discoverable in the stomach. The smallest quantity by which I have destroyed the life of an animal is half a grain. There is no process with which I am acquainted by which it can be discovered in the tissues. As far as I know, a small quantity cannot be discovered.

Suppose half a grain to be absorbed into the blood, what proportion does it bear to the total quantity of blood circulated in the system?--Assuming the system to contain the lowest quantity of blood, 25lbs., it would be 1-50th of a grain to a pound of blood. A physician once died from a dose of half a grain in twenty minutes. I believe it undergoes some partial change in the blood, which increases the difficulty of discovering it. I never heard of its being separated from the tissues in a crystallised state. The crystals are peculiar in form, but there are other organic crystallised substances like them, so that a chemist will not rely on the form only. After the _post-mortem_ examination of Cook a portion of the stomach was sent to me. It was delivered to me by Mr. Boycott, in a brown stone jar, covered with bladder, tied, and sealed. The jar contained the stomach and the intestines. I have experimented upon them with a view to ascertain if there was any poison present.

What poisons did you seek for in the first instance?--Various,--prussic acid, oxalic acid, morphia, strychnia, veratria, tobacco poison, hemlock, arsenic, antimony, mercury, and other mineral poisons.

Did you find any of them?--We only found small traces of antimony.

Were the parts upon which you had to operate in your search for strychnia in a favourable condition?--The most unfavourable that could possibly be. 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 have been found, was lying in contact with the outside of the intestines--all thrown together. The inside of the stomach was lying in the mass of intestinal feculent matter.

That was the fault or misfortune of the person who dissected?--I presume it was; but it seemed to have been shaken about in every possible way in the journey to London. The contents of the intestines were there, but not the contents of the stomach, in which and on the mucous membrane I should have expected to find poison. By my own request other portions of the body were sent up to me,--namely, the spleen, the two kidneys, and a small bottle of blood. They were delivered to me by Mr. Boycott. We had no idea whence the blood had been taken. We analysed all. We searched in the liver and one of the kidneys for mineral poison. Each part of the liver, one kidney, and the spleen, all yielded antimony. The quantity was less in proportion in the spleen than in the other parts. It was reproduced, or brought out, by boiling the animal substance in a mixture of hydrochloric acid and water. Gall and copper-water were also introduced, and the antimony was found deposited on the copper. We applied various tests to it--those of Professor Brandt, of Dr. Rees, and others. I detected some antimony in the blood. It is impossible to say with precision how recently it had been administered; but I should say within some days. The longest period at which antimony can be found in the blood after death is eight days; the earliest period at which it has been found after death, within my own knowledge is eighteen hours. A boy died within eighteen hours after taking it, and it was found in the liver. Antimony is usually given in the form of tartar emetic; it acts as an irritant, and produces vomiting. If given in repeated doses a portion would find its way into the blood and the system beyond what was ejected. If it continued to be given after it had produced certain symptoms it would destroy life. It may, however, be given with impunity. I heard the account given by the female servants of the frequent vomiting of Mr. Cook, both at Rugeley and at Shrewsbury, and also the evidence of Mr. Gibson and Mr. Jones as to the predominant symptoms in his case. Vomitings produced by antimony would cause those symptoms. If given in small quantities sufficient to cause vomiting it would not affect the colour of the liquid in which it was mixed, whether brandy, wine, broth, or water. It is impossible to form an exact judgment as to the time when the antimony was administered, but it must have been within two or three weeks, at the outside before death. There was no evidence that any had been given within some hours of death. It might leave a sensation in the throat--a choking sensation--if a large quantity was taken at once. I found no trace of mercury during the analysis. If a few grains had been taken recently before death I should have expected to find some trace. If a man had taken mercury for a syphilitic affection within two or three weeks I should have expected to find it. It is very slow in passing out of the body. As small a quantity as three or four grains might leave some trace. I recollect a case in which three grains of calomel were given three or four hours before death, and traces of mercury were found. Half a grain three or four days before death, if favourably given, and not vomited, would, I should expect, leave a trace. One grain would certainly do so. I heard the evidence as to the death of Mrs. Smyth, Agnes French, and the other lady mentioned, and also as to the attack of Clutterbuck.

From your own experience in reference to strychnine, do you coincide in opinion with the other witnesses, that the deaths in those cases were caused by strychnine?--Yes.

Did the symptoms in Cook’s case appear to be of a similar character to the symptoms in those cases?--They did.

As a professor of medical science, do you know any cause in the range of human disease except strychnine to which the symptoms in Cook’s case can be referred?--I do not.

Cross-examined by Mr. Serjeant SHEE: I mean by the word “trace” a very small quantity, which can hardly be estimated by weight. I do not apply it in the sense of an imponderable quantity. In chemical language it is frequently used in that sense. An infinitesimal quantity would be called “a trace.” The quantity of antimony that we discovered in all parts of the body would make up about half a grain. We did not ascertain that there was that quantity, but I will undertake to say that we extracted as much as half a grain. That quantity would not be sufficient to cause death. Only arsenic or antimony could have been deposited, under the circumstances, on the copper, and no sublimate of arsenic was obtained. [The witness, in reply to a further question, detailed the elaborate test which he had applied to the deposit, in order to ascertain that it consisted of antimony.]

Would a mistake in any one of the processes you have described, or a defect in any of the materials you used, defeat the object of the test?--It would, but all the materials I used were pure. Such an accident could not have happened without my having some intimation of it in the course of the process. I should think antimony would operate more quickly upon animals than upon men. I am acquainted with the works of Orfila. He stood in the highest rank of analytical chemists.

Did not Orfila find antimony in a dog four months after injection?--Yes; but the animal had taken about 45 grains.

Mr. Serjeant SHEE called the attention of the witness to a passage in Orfila’s work in reference to that case, to the effect that the antimony was found accumulating in the bones, the liver contained a great deal, and the tissues a very little.

Witness: Yes; when antimony has been long in the body it passes into the bones; but I think you will find that these are not Orfila’s experiments. Orfila is quoting the experiments of another person.

But is not that the case with nearly all the experiments referred to in your own book?--No; I cannot say that.

Mr. Serjeant SHEE again referred to a case in _Orfila_, in which forty-five grains were given to a dog, and three and a-half months after death a quantity was found in the fat, and some in the liver, bones, and tissues.

Witness: That shows that antimony gets into the bones and flesh, but I never knew a case in which forty-five grains had been given, and I have given no opinion upon such a case.

A pretty good dose is required to poison a person, I suppose?--That depends on the mode in which it is given. A dog has been poisoned with six grains. The dog died in the case you mentioned. When antimony is administered, as it was in that case, the liver becomes fatty and gristled. Cook’s liver presented no appearance of the sort. I should infer that the antimony we found in Cook’s body was given much more recently than in the experiments you have described. We cannot say positively how long it takes to get out of the body, but I have known three grains cleared out in twenty-four hours. I was first applied to in this case on Thursday the 27th of November, by Mr. Stevens, who was introduced to me by Mr. Warrington, Professor of Chemistry. Either then or subsequently he mentioned Mr. Gardner. I had not known Mr. Gardner before. I had never before been concerned in cases of this kind at Rugeley.

Mr. Serjeant SHEE read the letter written by Dr. Taylor to Mr. Gardner:--

“Chemical Laboratory, Guy’s Hospital, Dec. 4, 1855.

“Re J. P. Cook, Esq., deceased.

“Dear Sir,--Dr. Rees and I have completed 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 do not find strychnine, 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, so 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.

“We are, dear Sir, yours faithfully,

“ALFRED S. TAYLOR.

“G. OWEN REES.”

Was that your opinion at the time?--It was. We could infer nothing else.

Have you not said that the quantity of antimony you found was not sufficient to account for death?--Certainly. If a man takes antimony he first vomits, and then a part of the antimony goes out of the body; some may escape from the bowels. A great deal passes at once into the blood by absorption, and is carried out by the urine.

Can you say upon your oath that from the traces in Cook’s body you were justified in stating your opinion that death was caused by antimony?--Yes perfectly and distinctly. That which is found in a dead body is not the slightest criterion as to what the man took when he was alive.

When you gave your opinion that Cook died from the effects of antimony had you any reason to think that an undue quantity had been administered?--I could not tell. People may die from large or small quantities; the quantity found in the body was no criterion as to how much he had taken.

May not the injudicious use of a quack medicine containing antimony, the injudicious use of James’s powders, account for the antimony you found in the body?--Yes; the injudicious use of any antimonial medicine would account for it.

Or even their judicious use?--It might.

With that knowledge, upon being consulted with regard to Cook, you gave it as your opinion that he died from the poison of antimony?--You pervert my meaning entirely. I said that antimony in the form of tartar emetic might occasion vomiting and other symptoms of irritation, and that in large doses it would cause death, preceded by convulsions. [The witness was proceeding to read his report upon the case, but was stopped by the Court.] I was told that the deceased was in good health seven or eight days before his death, and that he had been taken very sick and ill, and had died in convulsions. No further particulars being given us, we were left to suppose that he had not died a natural death. There was no natural cause to account for death, and finding antimony existing throughout the body, we thought it might have been caused by antimony. An analysis cannot be made effectually without information.

You think it necessary before you can rely upon an analysis to have received a long statement of the symptoms before death?--A short statement will do.

You allow your judgment to be influenced by the statement of a person who knows nothing of his own knowledge?--I do not allow my judgment to be influenced in any way; I judge by the result.

Do you mean to state that what Mr. Stevens told you did not assist you in arriving at the conclusion you state in writing?--I stated it as a possible case, not as a certainty. If we had found a very large quantity of tartar emetic in the stomach, we should have come to the conclusion that the man had died from it; as we found only a small quantity, we said he might have died from it. I attended the inquest on the body of Mr. Cook. I think I first attended on the 14th of December. Some of the evidence was read over to me. I think that Dr. Harland was the first witness I heard examined. I heard Mr. Bamford examined, and also Lavinia Barnes. I cannot say as to Newton. I heard Jones. I had experimented some years ago on five of the rabbits I have mentioned; that is about twenty-three years ago. That is the only knowledge of my own that I had of the effect of strychnia upon animal life. I have a great objection to the sacrifice of life. No toxicologist will sacrifice the lives of a hundred rabbits to establish facts which he knows to be already well established. I experimented upon the last rabbits since the inquest.