Part 28

GEORGE MYATT, saddler, examined by Mr. GRAY: I was at Shrewsbury races on the day when Polestar won. I was at the Raven Hotel on the evening of that day, Wednesday. I saw Cook and Palmer there about twelve o’clock on the night of that day. I was waiting in the room at the hotel when they came in. I considered Cook was the worse for liquor. They proposed having a glass of brandy and water each before they went to bed. Each of us had a glass of brandy and water. When Cook commenced to drink it he made a remark that he fancied it was not good. He drank part of it off, and said he thought there was something in it. He then gave it to some one near him to taste. Cook proposed to have some more, and Palmer said he would not have any more except Cook drank his up. They had no more brandy and water, and Palmer and I went to bed. I slept in the same room with Palmer. The brandy was brought in a decanter, and the brandy which I had was poured out of the decanter, I don’t know by whom. I did not leave the room during the time when Palmer and Cook came in to me until we went to bed. I did not see anything put into the brandy and water, and I do not think anything could have been put in without my seeing it. Palmer and I went into the bedroom and left Cook in the sitting-room. I slept in the same bedroom as Palmer. When I went to bed I locked the door, and Palmer did not go out of the room during the night. When Palmer got up in the morning, he asked me to go and call Cook. I did so. I went to Cook’s bed-room door, rapped at it, and he told me to come in. I went in, and he told me how ill he had been during the night, and that he had been obliged to send for a doctor. He asked me what it was that was put into the brandy and water, and I told him I did not know that anything had been put into it. He asked me to send for the doctor, meaning Palmer. I did so. I next saw Cook when he came in to his breakfast. Palmer was in the room. Palmer and I breakfasted first, and Cook came in directly after we had finished, and had breakfast in the same room. On the evening of that day Cook, Palmer, and myself, left for Rugeley, having previously dined together at the Raven. We started for Rugeley about six o’clock in the evening. We travelled by the express train from Shrewsbury; Palmer paid for the three railway tickets. On the way Palmer was sick, and both Cook and he said they could not account for the circumstance of their being sick. Palmer vomited on the road between Stafford and Rugeley. We left the train at Stafford, at the junction. We then got into a fly to proceed to Rugeley, there being no train for that place. It was on the way to Rugeley that Palmer was ill and vomited. Palmer said he could not account for it unless it was that Cook had some brass vessel which he had drank out of, or that the water was bad. There had been a great many people ill during the Shrewsbury races. I heard several people speak of their having been ill who could not account for it. The distance by road from Stafford to Rugeley is about nine miles.

Cross-examined by Mr. JAMES: I have known Palmer all my life. He deals with me for saddlery. I have not been in the habit of going to the races with him, but I have gone now and then. I was at Shrewsbury races with him. I never was at Doncaster with him. I was there once with a gentleman named Robinson. I was at Wolverhampton races in August last. I went with Palmer. I did not sleep in the same room with him at Wolverhampton. I did not stop at the same hotel with him. I stopped with my brother-in-law in Wolverhampton. I believe I was there a couple of days. I did not dine or breakfast with Palmer. I was at Lichfield races with Palmer in September. Lichfield course is within ten miles of Rugeley. I did not sleep at Lichfield. I did not either go to Lichfield or come home with Palmer. I believe I have never slept in a double-bedded room with Palmer anywhere but at Shrewsbury. I never did. I never was at Worcester in my life. I paid my own expenses to Shrewsbury. Palmer paid the expenses of my living at the hotel at Shrewsbury, and the fare back. He has never paid my expenses at any other races. If he has paid any expenses for me, I have deducted them from his bill. I dare say I went to some races with him the year before; I think two or three, but I can’t call to mind how many. I had an interview with Palmer in Stafford Gaol. I was with him a couple of hours. I should think that that was a month or five weeks ago. I cannot say when it was that I saw him. I cannot say whether it was before or after Stafford Assizes. Mr. Smith said he was going, and I thought I should like to see Palmer. I have stood half a sovereign or a sovereign with him occasionally. I know what “putting on” a horse means. I did not bet at Shrewsbury. I did not back Cook’s mare, Polestar. I have stood a sovereign with Palmer on a horse. The first time when I saw Cook at the Raven on the Wednesday evening was as near twelve o’clock as possible. I had not been dining with Palmer. I had dined at home, at Rugeley. I arrived at Shrewsbury about eight o’clock. I went to the Raven. I knew the room which Palmer generally had, and I went up to see if he was there. That was between eight and nine o’clock. I went there direct from the railway station. I saw Cook at the door outside. He asked me what brought me there. I told him I was come to see how they were getting on. I found that Palmer had gone out, and I then went into the town. I was away about an hour, and then returned to the Raven. I went into Palmer’s sitting-room. Palmer was not there. I waited in the sitting-room till he came. There was a man named Shelley there. He was a betting man. I waited about a couple of hours before Palmer came in. I think he came in about twelve o’clock, but I can’t say exactly. He came in with Cook. I saw that Cook was the worse for liquor. He was not very drunk, but I could see that he was the worse for liquor. The brandy and water was brought in directly. The brandy was in a decanter. I believe the water was on the table, but cannot say. I should say the brandy and the tumbler were brought up together. I don’t remember Mrs. Brooks coming. I don’t remember Palmer being called out of the room. I remember a gentleman coming in. I know now that he was Mr. Fisher. Before Fisher came in, Palmer had not left the room. That I will swear. Palmer never left the room until he went to bed. I swear that positively. I was close to him the whole time. When Fisher came in, Cook asked Palmer to have some more brandy and water. Palmer said he would not have any more unless Cook drank his. It was evident to any one that Cook was the worse for liquor. Cook said, “I’ll drink mine,” and he drank it at a draught. Directly after he drank it he said, “There’s something in it.” He did not say, “It burns my throat dreadfully.” He said the brandy was not good. I will swear he did not say, “it burns my throat dreadfully,” or anything of that kind. He gave it to some one to taste. I believe it was Fisher, but will not swear. I can’t say whether it was Palmer or Cook who gave it to Fisher to taste. I believe there were only four persons in the room at the time. I can’t say whether any other person came into the room before we went to bed. Cook had emptied the glass as nearly as possible; there was a little left in it. I can’t swear whether Palmer touched the glass or not. I believe he did taste. I believe Palmer said he could not taste anything that was the matter with the brandy and water, and he gave it to Fisher. I don’t recollect Fisher saying, “It’s no good giving me the glass--it is empty.” I can’t swear whether he said so or not. I should think we remained in the room twenty minutes after that. Cook did not leave the room before we went to bed. Palmer and I went straight up to bed. We left Cook in the sitting-room. I did not hear that night that Cook had been vomiting and was ill. I took one glass of brandy and water. We had one glass each. The water was cold. On the following day I dined with Palmer at the Raven. Mr. Cook served me with what I had to eat. During the first two days of the inquest I was at home at Rugeley. I did not go to the inquest.

Re-examined by Mr. GROVE: I was not subpœned for the Crown; I was examined, but not summoned. The deputy-governor was not present all the time I was with Palmer at Stafford. He went out once, but another officer came in. Palmer did not say a word about this case. There was an officer present the whole time.

The ATTORNEY-GENERAL: I wish to ask the witness whether he did not tell Mr. Gardner, when he was asked about the brandy and water, that he knew nothing about it?

The LORD CHIEF JUSTICE: There is no objection to that question.

WITNESS: I never spoke to him about brandy and water at all.

The ATTORNEY-GENERAL: Did you meet him at Hednesford, where Saunders lives?--Yes.

The ATTORNEY-GENERAL: Did you not tell him there that you could recollect nothing about brandy and water?--No.

The ATTORNEY-GENERAL: Had you no conversation at all?--I had with Mr. Stevens.

The ATTORNEY-GENERAL: Did you not say, in Mr. Gardner’s presence, that you could recollect nothing about the brandy and water?--I did not.

The ATTORNEY-GENERAL: Were you not examined by Mr. Crisp and Mr. Sweeting before the inquest was held, and did you not tell them that you knew nothing about the brandy and water?--No, I did not.

The ATTORNEY-GENERAL: You swear you did not tell them anything about it?--Yes.

JOHN SARGENT, examined by Mr. Sergeant SHEE: I am not in any business or profession. I am in the habit of attending almost all public races in the kingdom. I knew the late Mr. Cook intimately, and also the prisoner Palmer. I received a letter from Cook during the Shrewsbury races. I was subpœned on the part of the Crown. I have not had any notice to produce that letter. I have not got it. I have searched for it, but I had sent it to Saunders the trainer. I have made application to Saunders for it. The application was by letter. I received a letter in answer. I have seen Saunders since. I have done everything I could to get Cook’s letter. I have not a copy of it, but I know what its contents were.

The Court decided that the contents of the letter could not be received at that moment, as Saunders perhaps might attend before the conclusion of the day.

Examination continued: I was not at Shrewsbury, and only know what Cook stated in his letter. Shortly before Cook’s death I had an opportunity of noticing the state of his throat. I was with him at Liverpool the week previous to the Shrewsbury meeting. We slept in adjoining rooms. In the morning he called my attention to the state of his throat. The back part of the throat was a complete ulcer, and the throat was very much inflamed. His tongue was swollen. I said I was surprised, on seeing the state of his mouth, that he could eat anything. He said he had been in that state for weeks and months, and now he did not take notice of it. That was all that passed respecting the sore throat on that occasion. He had shown his throat to me previously--at almost every meeting we attended. On the platform at Liverpool, after the races, he took a gingerbread cayenne nut by mistake. I saw him take it. He did not know it was a cayenne nut. He told me afterwards that it had nearly killed him. He did not state more particularly then the effect which it had produced on him. I know that Cook was very poor at the Liverpool meeting. That was the week before the Shrewsbury races. He owed me £25, and gave me £10 on account, and said he had not sufficient to pay his expenses at Liverpool, but that I should have the balance of £25 at the Shrewsbury meeting. Cook and Palmer were in the habit of “putting on” horses for each other. They did so at the Liverpool meeting. I put money on at Liverpool for Palmer, and Palmer told me that Cook stood it along with him. I heard Cook, a short time before his death, apply to Palmer to supply him with “black wash.” I don’t know whether it is a mercurial lotion. I never saw Cook’s throat dressed by anybody.

Cross-examined by Mr. James: The black wash was not to be drunk [a laugh]. The application was made to Palmer at the Warwick Spring meeting in 1855. Cook was at Newmarket. I lived in the same house with him there. He was at nearly all the race meetings last year. His appetite was very good, and that surprised me. The cayenne nut is made up for a trick and mixed with other gingerbread nuts. Cook got one of those. I have tasted them. Some of them are stronger than others.

JEREMIAH SMITH, by Mr. Serjeant SHEE: I am an attorney at Rugeley. I am acquainted with the prisoner, and was acquainted with Cook. I saw Cook at the Talbot Arms on Friday, the 16th of November. He was in his bedroom. I saw him about ten o’clock. I was present at his breakfast. A small tray was put on the bed. He took tea for breakfast, and had a wineglass of brandy in it. I dined with him at Palmer’s house. I am not quite positive that I had seen him between breakfast and dinner. We had a rump-steak for dinner. We had some champagne at dinner. We drank port-wine after dinner. He had three bottles altogether, and Cook took his share. Cook, myself, and Palmer dined together. We left the house about six in the evening. Cook and I left the house together. We went to my house, and afterwards to the Albion Hotel, which is next door. We had a glass of cold brandy-and-water. Cook left me there. He said he felt cold, and warmed himself at the fire. He said he had borrowed a book, and would go home and read it in bed. That was between seven and eight o’clock, but I can’t say exactly. In the afternoon, after dinner, we were talking about racing. I asked Cook for money--for £50. He gave me £5. When he was taking the note out of his pocket-case, I said “Mr. Cook, you can pay me all.” He said, “No; there is only £41 10s. due to you.” He said that he had given Palmer money, and would pay me the remainder when he returned from Tattersall’s on the Monday. On the night following (Saturday night) he was not well, and I slept in his room. It was late when I went; I should think about eleven or twelve o’clock. I had been at a concert during the early part of the night on which Cook was unwell. He had got some toast-and-water, and was washing his mouth. He was sick. There was a night chair in the room before the fire. I saw him sitting there. He tried to vomit, but whether he did so or not I cannot say, for I did not get out of bed. I went to sleep about two o’clock. I slept until Palmer and Bamford came into the room in the morning. I lay still in bed, and heard a conversation between the doctor and Cook. Bamford said, “Well, Mr. Cook, how are you this morning?” Cook said, “I am rather better this morning. I slept from about two or three o’clock, after the house had become quiet.” Bamford said, “I’ll send you some medicine.” I don’t recollect any further conversation. I know Mrs. Palmer, prisoner’s mother. She sent a message to me on Monday, and I went to her and saw her. In consequence of what had passed, I went to look for the prisoner to see if he had arrived. That was about nine o’clock. I saw Palmer at ten minutes past ten. He came from the direction of Stafford, in a car. He said to me, “Have you seen Cook to-day?” I said, “No; I have been to Lichfield on business;” on which Palmer said he had better go and see how he was before he went to his mother’s. Palmer and I went up to Cook’s room together. Cook said, “You are late, doctor, to-night. I did not expect you to look in. I have taken the medicine which you gave me.” We did not stay more than two or three minutes, and I think Cook asked me why I did not call earlier. I said I had been detained on business. Cook said Bamford had sent him some pills, which he had taken; and he intimated that he would not have taken them if Palmer had come earlier. Cook told Palmer, that he had been up talking with Saunders, and Palmer said, “You ought not to have done so.” Palmer and I left the room together, and we went straight to his mother’s.

The distance of Mr. Palmer’s house from the Talbot Arms is about four or five hundred yards. We were there about half an hour. We both left together and went to Palmer’s house. I entered with him. I asked him to let me have a glass of grog, but did not get it. I then went home. After dining with Palmer on Friday, I invited Cook and Palmer to dine with me on the next day, Saturday. Cook sent me a message, stating that he was not well and could not leave his room. I ordered a boiled leg of mutton for dinner, and sent part of the broth from the Albion by the charwoman--I think her name was Rowley. Previous to Cook’s death I borrowed £200 for Cook, and negotiated a loan with Pratt for him for £500. The £200 transaction was in May. I borrowed £100 of Mrs. Palmer, and £100 of William Palmer, making together the £200 to which I have referred. I knew that Palmer and Cook were jointly interested in one horse, and that they were in the habit of betting for each other. When Cook’s horse was going to run, Palmer “put on” for him; and when Palmer’s ran, Cook “put on” for him. I have seen Thirlby, Palmer’s assistant, dress Cook’s throat with caustic. I think this was before the races at Shrewsbury. I have some signatures of Cook’s which I know to be in his handwriting. The two notes with instructions to negotiate the loan of £500, I saw Cook sign. [The notes were put in.] One of them is signed “J. P. Cook,” the other “J. Parsons Cook.” I knew from Cook that he was served with a writ. I do not remember that I received any instruction to appear for him.

The letters put in were read by Mr. Straight, the Clerk of the Arraigns. The first was without date, and signed “J. Parsons Cook,” Monday. The following is a copy of the letter:--

“My dear Sir,--I have been in a devil of a fix about the bill, but have at last settled it at the cost of an extra two guineas, for the ---- discounter had issued a writ against me. I am very much disgusted at it.”

The letter was sent to me, but its envelope was destroyed. The next letter bore the date 25th June, 1855; it was also without address, but witness stated that it had been sent to him, and he had destroyed the envelope. The following is a copy of the letter:--

“Dear Jerry,--I should like to have the bill renewed for two months. Can it be done? Let me know by return. I have scratched Polestar for the Nottinghamshire and Wolverhampton Stakes. I shall be down on Friday or Saturday. Fred. tells me Arabis will win the Northumberland Stakes.”

The memorandum put in and read was signed J. P. Cook, and the following is a copy:--

“Polestar three years, Sirius two years; by way of mortgage to secure £200 advanced upon a bill of exchange for £200, dated 29th August, 1855, payable about three months after date.”

Cross-examined by the ATTORNEY-GENERAL: I am the person who took Mr. Myatt to Stafford Gaol. I have known Palmer long and intimately, and have been employed a good deal as attorney for him and his family. I cannot recollect that he applied to me in December, 1854, to attest a proposal for insurance on the life of Walter Palmer for £13,000 in the Solicitors’ and General Assurance Office. I will not swear that I was not applied to on the subject. I do not recollect that an application was made to me to attest a proposal for £13,000 in the Prince of Wales on Walter Palmer’s life, in January, 1855. I know that Walter Palmer had been a bankrupt, but not that he was an uncertificated bankrupt. His bankruptcy took place at least six years ago. He had been in no business since that period to the time of his death. I knew that Walter had an allowance from his mother, and he had also money at various times from his brother William. In the years 1854 and 1855, I lived at Rugeley, sometimes at Palmer’s house, and sometimes at his mother’s. There was no improper intimacy between myself and Palmer’s mother. I slept at her house frequently, perhaps two or three times a week, having my own place of abode at Rugeley.

How long did this habit continue of sleeping two or three times a week at Mrs. Palmer’s house?--Several years.

Had you your own lodgings and chambers at Rugeley?--Yes.

Your own bedroom?--Yes.

How far were your lodgings from Mrs. Palmer’s house?--Nearly a quarter of a mile.

Will you be so good as to explain why, having your own place of abode, and your own bed-room so near to Mrs. Palmer’s, you were still in the habit of sleeping two or three times a week for several years at the house of Mrs. Palmer?--Yes; sometimes there were members of Mrs. Palmer’s family present.

Who were they?--There was Mr. Joseph Palmer, who resides at Liverpool; Mr. Walter Palmer, too; and sometimes William Palmer.

When you went to see the members of Palmer’s family, was it too late when you separated to return to your own lodgings?--We used to stop very late drinking gin and water, smoking, and sometimes afterwards playing at cards.

Then you did not go to your own lodgings?--No.

And this continued several years two or three times a week?--Yes.

Did you ever stay at Mrs. Palmer’s house all night when there were no members of the family visiting?--Yes, frequently.

How often?--As many as two or three times a week.

When there were none of Mrs. Palmer’s sons there?--Yes.

And when the mother was?--Yes.

How often did that happen?--I cannot say. Sometimes two or three times a week.

When there was no one else in the house but the lady?--There were the mother, daughter, and servants.

You might have gone to your own home, then, for there was no one to drink brandy-and-water with, or to smoke with?--I might have done so, but I did not.

Do you mean, then, to swear solemnly that no improper intimacy subsisted between you and Palmer’s mother?--I do [sensation].

Now I will turn to another subject. Do you remember being applied to by Palmer to attest a proposal for an insurance of £10,000 on the life of Walter Palmer in the Universal Life Office?--I do not remember; if you have any document which will show it I shall be able to recollect, perhaps.

Now, do you remember getting a five pound note for attesting the signature of Walter Palmer’s assignment of his policy to his brother?--I do not.

Is that your signature [handing a document to witness]?--It is very similar to it.

Is it not yours?--I do not know [sensation].

Upon your oath, sir, is not that your signature?--Witness hesitating--

Examine the document, and then tell me, on your oath, whether that is not your signature [witness examined the document].

Now you have perused it, tell me, is not that your signature?--Witness (hesitating): I have some doubts whether this is my handwriting [sensation].

Have you read the whole of the document?--I have not.

Then do so. [Witness again perused the whole of the paper.] Now, was that document prepared in your office?--It was not.

Have you ever seen it before?--It is very much like my handwriting.

That is not what I asked you. Upon your oath, have you ever seen that document before?--Witness (with hesitation): It is very much like my handwriting [sensation].

I will have an answer to my question. Upon your oath, sir, is not that your handwriting?--I think it is not in my handwriting. I think it is a very clever imitation of it [sensation].

Will you swear it is not your handwriting?--I will swear it is not my handwriting [renewed sensation].

The ATTORNEY-GENERAL: Will your lordship please to take a note of that answer?

Mr. Baron ALDERSON: Did you ever make such an attestation as that in your hand?--I do not remember.

The ATTORNEY-GENERAL: Now is that the signature of Walter Palmer (handing a paper to witness)?--I believe it to be.

Is that the signature of Pratt?--I do not know.