Part 20

Picture to yourself what must have been the condition, mental and bodily, of that young man when he rose from his bed on the morning of the races. It is scarcely possible that as he went down to breakfast this thought must not have crossed his mind, “My fate is trembling in the balance: this is the crisis of my destiny; unless my horse shall win and give me one chance more of recovering myself, to-night I am a beggar.” With these feelings he repairs to the race-course. Another race is run before Polestar is brought out. His impatience is extreme. He looks on in a state of agonising excitement. Will the minutes never fly? At last arrives the decisive moment. The time has come for his race. The flag is dropped; the horses start; his mare wins easily, and he, her master, has won a thousand guineas! For three minutes he is not able to speak, so intense is his emotion. Slowly he recovers his utterance, and then how rapturous is his joy! He is saved, he is saved! Another chance to retrieve his position, one chance more to recover his character! As yet, at all events, he will not be a disgrace to his family and his friends. Conceive him to be, with all his faults an honourable young man, and you may easily imagine what his ecstacy must have been. He loves the memory of his dead mother--he still reverences the name of his father--he is jealous of his sister’s honour, and it may be that he cherishes silently in his heart the thought of some other being dearer still than all, to whom the story of his ruin would bring bitter anguish. But he is not ruined; he will meet his engagements like an honourable man. There is now no danger of his being an outcast, an adventurer, a black-leg. He will live to redeem his position, and to give joy to those who love him. With such thoughts in his heart, he returns to his inn in a state of indescribable elation, and with a revulsion from despair that must have convulsed--though not in the sense of illness--every fibre of his frame. His first idea is to entertain his friends, and he does so. The evidence does not prove that he drank to excess, but he gave a champagne dinner, and we all know that is a luxurious entertainment, at which there is no stint and not much self-respect. That evening he did not spend in the society of Palmer; indeed, it is not clear in whose company he spent it. But we find him on the evening of Wednesday at the “Unicorn,” with Saunders, his trainer, and a lady. On Thursday he walks upon the course, and Herring remonstrates with him for doing so, as the day is damp and misty, and the ground wet. That night he is seized with illness, and he continues ailing until his death at Rugeley.

Arrived at Rugeley, it is but natural to suppose that a reaction of feeling may have set in. Then the dark side of the picture may have presented itself to his imagination. The chilling thought may have come upon him that his winnings were already forestalled, and would scarcely suffice to save him from destruction. It is when suffering from a weakened body, and an irritated and excited mind, he is attacked with a sickness which clings to his system, leaves him without any rest, incapacitates him from taking food, distracts his nerves, and places him in imminent danger of falling a victim to any sudden attack of convulsions to which he may have a predisposition. He relished no society so much as that of Palmer, whose residence was immediately opposite the Talbot Arms Inn, where he was lying on his sick bed. For two nights he had been taking opiate pills, prescribed by Dr. Bamford. On Sunday night, at twelve o’clock, he started as from a dream in a state of the utmost excitement and alarm. He admitted afterwards that for two minutes he was mad, but he could not ascribe it to anything unless to his having been awakened by a squabble in the street. But do no such things happen to people of sound constitutions and regular habits? Do no such people awaken in agony and delirium because there is a noise under their windows? No, these are the afflictions of the dissipated and the anxious, whose bodies are shattered, and whose minds are distracted. Next day, Monday, he was pretty well, but not so well as to mount his horse, or to take a walk in the fields. He could converse with his trainer and jockey, but he took no substantial food, and drank not a drop of brandy-and-water. You will bear in mind that Palmer was not with him that day. In the middle of the night he was seized with an attack similar in character to that of the night preceding, but manifestly much milder, for he retained his consciousness throughout it, and was not mad for a moment. The evidence of Elizabeth Mills is conclusive on the point. [The learned Serjeant read some passages from the deposition of the witness in question.] At three o’clock on the following day (Tuesday) Mr. Jones, the surgeon, of Lutterworth, arrived, and spent a considerable time--probably from three to seven o’clock--in his company. They had abundant opportunity for conversing confidentially, and they were likely to have done so, for they were very intimate, and Jones appears to have been on more familiar terms with Cook than was any other person, not even excepting Mr. Stevens. Nothing occurred, in the entire and unbounded confidence which must have existed between Mr. Cook and Mr. Jones, to raise any suspicions in the mind of Mr. Jones; and at the consultation which took place between seven and eight o’clock on Tuesday evening, between Jones, Palmer, and Bamford, as to what the medicine for that evening should be, the fit of the Monday night was not mentioned. That is a remarkable fact. The Crown may say that it is remarkable, inasmuch as Palmer knew it, and said not a word about it; but I think that it shows that the fit was so little serious in the opinion of Cook that he did not think it worth mentioning to his intimate friend Jones. If Cook had not given to Elizabeth Mills a rather exaggerated description of what had occurred, would he not have said to Mr. Jones, when he came from Lutterworth to see him, “You can’t judge of my condition from my appearance now, for I was in a state of perfect madness over night, and in fact, I thought that I was going to die?” Evidently he would have said something of that sort, and if he had, Mr. Jones would have mentioned it at the consultation.

My inference, then, is that the first statement which was made by Elizabeth Mills was the correct statement of what occurred. Palmer, in the presence of Jones, administered two pills to Mr. Cook, which it is supposed poisoned him--which contained a substance which sometimes does its deadly work in a quarter of an hour--which has done it in less, and which rarely exceeds half an hour; and we are asked to believe that, in spite of Cook’s objecting in the presence of his friend to take the pills, Palmer positively forced them down his throat at the imminent peril of the man falling down in a few minutes in convulsions evidently tetanic. As in the course of the examination of Mr. Jones the word “tetanus” was used, it is right that I should say a word upon that subject. The word “tetanus” is not in his deposition; but I tell you what is in it, and it is one of the most remarkable features in this case, because it shows how people, when they get a theory into their heads, will fag that theory,--how they will stretch it to the very utmost, and make it fit into the exact place in which they wish to put it. We have it now in the evidence of Dr. Taylor that at the inquest he sat next to Mr. Deane, the attorney’s clerk, and suggested the questions which it was necessary in his judgment to put in order to elicit the truth as to the symptoms of Mr. Cook’s disease. Now, fancy Dr. Taylor, who had had a letter telling him that there was a suspicion of strychnine, and who had all but made up his mind at that time to state positively upon oath his opinion that the pills given on Monday and Tuesday nights contained strychnine; fancy----

THE ATTORNEY-GENERAL.--I am sorry that my learned friend should be misled upon a matter of fact; but I am told that Dr. Taylor was not present when Mr. Jones was examined.

Mr. SHEE continued: Then the observation which I was about to make does not apply; and all I can say is, that Mr. Jones had probably in his mind’s eye, when he gave that evidence, a recollection of what he had seen on the Tuesday night. He could not have seen very accurately, however, for he said that there was only one candle in the room, and that he had not light enough to see the patient’s face, and that he could not tell whether there was much change in the countenance of the deceased--a very important fact, when the doctors all say that Cook’s disease cannot have been traumatic tetanus, because there is always a peculiar expression of the countenance in those cases, which was not observable in Cook. However, Mr. Jones, who is a competent professional man, gave his evidence, and it is quite clear that the notion of tetanus must have entered into his mind, because I find in the depositions that the coroner’s clerk first put down “tetinus;” and the probability, I think, is that that disease did occur to Mr. Jones at the time, and that he used the word, because the clerk never could have invented it. Then “tetinus” is struck out; then the word “convulsions” is written, and also struck out; and, as the sentence stands, it is, “There were strong symptoms of violent convulsions.” What is the fair inference from that? Why, that the man who saw Cook in the paroxysm did not think himself justified in saying that it was a tetanic convulsion at all, though it was very like tetanus. Now, I will just call your attention to the features of general convulsions, as described in cross-examination by the medical witnesses, in order to show that the convulsions of which Cook died were not tetanic, properly speaking, but were of that strong and irregular kind which cannot be classed under the head of tetanus, either traumatic or idiopathic, but under the head of general convulsions. I propose upon this part of the case to read an extract from the work of Dr. Copland, which will enable you to judge whether Cook’s complaint bears a greater resemblance to general convulsions than to traumatic tetanus or strychnine tetanus. Before doing so, however, I would observe that the only persons who can be supposed to know anything of tetanus not traumatic are physicians, and that not one of that most honourable class of men (who see the attacks of patients in their beds, and not in the hospital), has been called by the Crown, with the exception of Dr. Todd, who is a most respectable man, and who gave his evidence in such a way as to command the respect of everyone; but even his practice appears to be not so much that of a physician as of a surgeon. I am instructed that I shall be able to show, by the most eminent men in the profession, that the description which I am about to read from Dr. Copland’s book, the _Dictionary of Practical Medicine_, is the true description of general convulsions. In that book I find the following, under the head of “Convulsions:”--

“Definition.--Violent and involuntary contractions of a part or of the whole of the body, sometimes with rigidity and tension (tonic convulsions), but more frequently with tumultuous agitations, consisting of alternating shocks (clonic convulsions), that come on suddenly, either in recurring or in distant paroxysms, and after irregular and uncertain intervals.”

The article then goes on:--

“If we take the character of the spasm in respect of permanency, rigidity, relaxation, and recurrence as a basis of arrangement of all the diseases attended by abnormal action of voluntary muscles, we shall have every grade, passing imperceptibly from the most acute form of tetanus through cramp, epilepsy, eclampsia, convulsions, &c., down to the most atonic states of chorea and tremor.”

As to the premonitory symptoms, it says:--

“The premonitory signs of general convulsions are (_inter alia_), vertigo and dizziness, irritability of temper, flushings, or alternate flushing and paleness of the face, nausea, retching or vomiting, or pain and distension of stomach and left hypochondrium, unusual flatulence of the stomach and bowels, or other dyspeptic symptoms.”

In further describing these convulsions, the article says:--

“In many instances the general sensibility and consciousness are but very slightly impaired, particularly in the more simple cases, and when the proximate cause is not seated in the encephalon; but in proportion as this part is affected, primarily or consecutively, and the neck and face tumid and livid, the cerebral functions are obscured, and the convulsions attended by stupor, delirium, &c., or rapidly pass into, or are followed by, these states.”

Then, it adds:--

“The paroxysm may cease in a few moments or minutes, or continue for some or even many hours. It generally subsides rapidly, the patient experiencing, at its termination, fatigue, headache, or stupor; but he is usually restored in a short time to the same state as before the seizure, which is liable to recur in a person once affected, but at uncertain intervals. After repeated attacks the fit sometimes becomes periodic (the _convulsio recurrens_ of authors.)”

And, in detailing the origin of these convulsions, it says:--

“The most common causes are (_inter alia_), all emotions of the mind which excite the nervous power, and determine the blood to the head, as joy, anger, religious enthusiasm, excessive desire, &c., or those which greatly depress the nervous influence, as well as diminish and derange the actions of the heart, as fear, terror, anxiety, sadness, distressing intelligence, frightful dreams, &c.--the syphilitic poison and repulsion of gout or rheumatism.”

Do you believe, if Dr. Taylor had read that before the inquest, that he would have dared to say that the man died from strychnine? Is there one single symptom in the statement made in the depositions by Elizabeth Mills and Mr. Jones which may not be classed under one of the varieties of convulsions which Dr. Copland describes? It is not for me to suggest a theory; but the gentlemen whom I shall call before you--men of the highest eminence in their profession, and not mere hospital surgeons, who have seen nothing of this nature but traumatic tetanus--will tell you that Mr. Cook’s symptoms were those of general convulsions, and not of tetanus. My belief is--and I hope you will confirm it by your verdict--that Mr. Cook’s complaint was not tetanus at all, although it may well have been--according to the descriptions to which I shall call your attention--some form of traumatic or idiopathic tetanus, there being no broad, general distinction or certain confine between idiopathic, or self-generating tetanus, and many forms of convulsions. The tetanic form of convulsions is pretty much the same thing as idiopathic tetanus; and when we are told by medical witnesses that they never saw a case of idiopathic tetanus, my answer to that is that they must have had a very limited experience. It is not a disease of very frequent occurrence, it is true; but there are gentlemen here who have seen cases of idiopathic tetanus, and they are by no means of that rare occurrence which has been represented to you by the witnesses for the prosecution. There is one gentleman here, of very large practice at Leeds, whom I shall call before you, who attended at the bedside of Mrs. Dove, who has himself seen four cases of idiopathic tetanus. Traumatic tetanus very frequently occurs in hospitals--in fact, it often supervenes upon the operations of the surgeon; but the persons to give you correct information upon idiopathic tetanus are the general practitioners who enjoy the confidence of families, and who have the opportunity of visiting at their dwellings, both rich and poor, when they are attacked by any of those convulsive diseases or fits which heads of families and brothers and sisters are so careful not to disclose to the world at large. Dr. Watson is a general practitioner, and he says in his _Lectures on the Principles and Practice of Physic_, that most cases of tetanus may be traced to one of two causes--which are, exposure to the cold or sudden alternations of temperature, and bodily injury. “It has been known to arise,” he says, “from causes so slight as these,--the sticking of a fishbone 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 tame sparrow, the blow of a stick on the neck, the insertion of a seton, the extraction of a tooth, the injection of a hydrocele, and the operation of cupping.” He goes on to say that when the disease arises from exposure to the cold or damp it comes on earlier than on other occasions--often in a few hours--so that if the exposure takes place in the night, the complaint may begin to manifest itself next morning. He also says that, although tetanus may be occasioned by a wound, independently of exposure to cold, or by exposure to cold without bodily injury, there is good reason for thinking that in many instances one of the causes would fail to produce it where both together would call it forth.

Dr. Watson adds that, although the pathology of tetanus is obscure, we may fairly come to the conclusion that the symptoms are the result of some peculiar condition of the spinal cord, produced and kept up by irritation of the substance, and that the brain is not involved in the disease; the modern French writers upon the disease hold that it is an inflammable complaint, and that it consists essentially of inflammation of the spinal marrow. Now, who shall say that those symptoms which were spoken to on the day of the inquest by Elizabeth Mills and Mr. Jones may not be ranged under one of those forms of tetanus? Idiopathic tetanus is so like general convulsions that in many cases it cannot be distinguished from them; and to such an extent is this so that Dr. Copland states that convulsions frequently assume a tetanic appearance. It is true that traumatic tetanus begins in four cases out of five by a seizure of the lower jaw; but then in the fifth case it does not so commence; and Sir B. Brodie mentions two instances in which it began in the limb which was wounded. Now, having gone so far, and having endeavoured to satisfy you that the symptoms which were spoken to by those two witnesses in their depositions may be, as I am told and instructed that they are, rather referable to a violent description of general convulsions than to any form of tetanus, let us proceed to inquire whether or not the symptoms are consistent with what we know of tetanus produced by strychnine; because, if you shall be satisfied, upon full investigation, that they are not consistent with the symptoms, which are the unquestionable result of strychnia tetanus, then the hypothesis of the Crown entirely fails and John Parsons Cook can’t have died of strychnine poison. Whether that be so or not will depend in a great degree, as it strikes me--although, of course, that will be for you to decide upon what you think of the evidence of Elizabeth Mills; but, before I go to that evidence, I will call your attention to the description of strychnia tetanus as given by two very eminent gentlemen, Dr. Taylor and Dr. Christison, who were called for the Crown the other day; and, if you find from their description that strychnia tetanus is a different thing from the picture first given of the attack and paroxysms by Elizabeth Mills and Mr. Jones, you will, I think, have great difficulty in determining that Mr. Cook died from strychnine.

Let us first take Dr. Taylor’s description of strychnia tetanus. I am not sure whether he stated that he had ever seen a case of strychnia tetanus in a human subject; but we must be just to Dr. Taylor. He has had large and extensive reading on the subject on which he writes, and it is not to be supposed that he has set down in his book what he has not found established upon respectable authority. Therefore, although we have it secondhand in the book, we must suppose that Dr. Taylor knows something of the subject. In his work upon strychnia poisoning, Dr. Taylor says, “that in from five to twenty minutes after the poison has been swallowed the patient is suddenly seized with tetanic symptoms affecting the whole of the muscular system, the body becoming rigid, the limbs stretched out, and the jaws so fixed that considerable difficulty is experienced in introducing anything into the mouth.” But, according to the statement of the witnesses, Mr. Cook was sitting up in bed, beating the bedclothes, talking, frequently telling the people about him to go for Palmer, asking for “the remedy,” and ready to swallow whatever was given him. There was no “considerable difficulty in introducing anything into the mouth,” and the paroxysm, instead of beginning within “from five to twenty minutes after the poison was supposed to have been swallowed” did not begin for an hour and a half afterwards. Dr. Taylor further on states, “After several such attacks, increasing in severity, the patient dies asphyxiated.” Now I submit, although there are some of these systems in this case, as there will be in every case of violent convulsions, that this is not a description of the case of John Parsons Cook.