Part 35

His lordship next read the evidence of Dr. Guy, who spoke to a case of tetanus in a child of eight years of age, supervening from an injury to the great toe, and expressed his opinion that there was no analogy between that and this case, while the witness, his lordship added, had declared it to be his belief that attacks of tetanus could always be traceable to some collateral cause. His lordship then read the lengthy evidence of Dr. McDonald, of Edinburgh, who attributed the death of Cook to “epileptic convulsions with tetanic complications,” adding that it was within the range of probability that the convulsions in this case before the fatal attack were the result of mental excitement. His lordship reminded the jury that this was the only witness who had given a positive opinion as to the cause of death; the cause he had described, and it might, according to the witness, have arisen from mental, moral, or sexual excitement. It was for the jury to say what weight they attached to this testimony in the face of the other mass of medical evidence leading to a different conclusion. Having disposed of other witnesses, his lordship came next in order to the evidence of Dr. Richardson, who had described a remarkable case of angina pectoris, and had pronounced an opinion that the symptoms as described in Cook’s case presented a singular similarity to those of the strange case referred to. It was for the jury to determine whether the deceased died from an attack of the same disease; but on cross-examination the witness admitted that the symptoms in his case might hive resulted from strychnine, but at the time it occurred the effects of strychnine were not so well understood as at the present day, or he would have searched for it. Both in that case, as in Cook’s case, the symptoms were, the witness said, not inconsistent with poisoning by strychnine, and that was one of the questions the jury had to decide. Having read Catherine Watson and Dr. Wrightson’s evidence, his lordship said this closed the medical portion of the defence, and perhaps this would be the fitting moment for an adjournment.

The Court accordingly adjourned for twenty minutes.

On the Court resuming,

His Lordship continued his charge. They had now (he said) to deal with, the evidence of facts adduced by the defence. The first witness of this kind was Matthews, the inspector of police at Euston-square, and from his evidence, it might be taken as probable that on the Monday before the death the prisoner went down from London to Rugeley by the five o’clock express train. The next witness was Mr. Foster, the farmer, who had known the deceased for some years, and who was called to speak to the state of Cook’s health; but his lordship thought the testimony of this witness, as bearing upon that particular point, was very slender. Myatt came next, who had spoken to the brandy and water incident at Shrewsbury, and who returned with the prisoner and the deceased from Shrewsbury to Rugeley on the Thursday before the decease. This evidence, his lordship said, was intended to show that the prisoner could not have tampered with the deceased’s glass; it was inconsistent with the evidence of Fisher and Mrs. Brooks, who were called for the prosecution, and it would be for the jury to decide between them. Then they came to the evidence of Mr. Serjeant, who saw the deceased’s tongue and mouth a fortnight before the death, and the jury must decide whether the appearances which the witness saw were consistent with the deceased’s state of health as represented by the evidence for the prosecution. His lordship then read the evidence of Mr. Jeremiah Smith, the solicitor, of Rugeley, and also the three letters written by Cook to Smith with reference to some bills which were due or overdue, the allusions to an alleged improper intimacy between the witness and the prisoner’s mother, and Smith’s denial of his handwriting in a document produced by the prosecution, and purporting to bear his signature and the signature of Walter Palmer.

To this point his Lordship directed special attention, remarking that as the witness said he had no doubt that he had received the document from William Palmer, the question for decision was whether William Palmer had forged Smith’s signature. Remarking generally upon the evidence of this witness, the Lord Chief Justice said it was a question for the jury to decide--what reliance was to be placed on the testimony of this man, who had denied his signature to the instrument produced, and then allowed that it might be his signature. Then they had his acknowledgment that he had received £5 from the prisoner; and the jury must ask themselves whether he had received that £5 for attesting the signature of Walter Palmer. There was also the fact of his being concerned in effecting an insurance upon the life of Walter Palmer for £13,000, when he knew that Walter Palmer had no means of livelihood except through an allowance from William Palmer or his mother. And they must also take into consideration his admission that he had been concerned in endeavouring to effect an insurance for £10,000 on the life of Bates, whom he knew to be a man living in lodgings at 6s. 6d. per week, and that he got himself appointed agent to an insurance society for that purpose.

All these things must be taken into account in deciding upon the credibility of the witness Smith. His Lordship then proceeded to say that that was all the evidence which had been adduced; and to direct the attention of the jury generally to the state of the pecuniary transactions between Cook and the prisoner,--to the loss of the betting-book--to the alleged tampering with the post-boy for the purpose of upsetting the jar--to the resemblance of Cook’s symptoms to death by strychnine--and, above all, to the purchase of strychnine by the prisoner. The case was then in their hands; the evidence was before them, and they were to decide by that evidence; not to convict the prisoner upon suspicion, or strong suspicion merely; but to weigh the evidence to the best of their judgment; to give the prisoner the benefit of any doubt, if doubt existed, but not to be deterred by any consideration from a due discharge of their duty.

Mr. Serjeant SHEE took exception to the summing up of the Lord Chief Justice, considering that the question whether the symptoms of Cook were the symptoms of strychnia was a question which ought not to have been put, unless there had been added, or symptoms that might have been produced by any other cause.

Lord CAMPBELL told the jury that unless they considered the death of Cook was consistent with symptoms of death by strychnine, they ought to acquit the prisoner.

Mr. Serjeant SHEE urged that the question ought not to have been put, in his opinion; but if over-ruled, he must submit.

The Lord Chief Justice said he had submitted to the jury that it would be for them to consider whether the symptoms of Cook were such as might have resulted from natural disease; but if they thought those symptoms such as might have been produced by strychnine, then they were to consider the evidence, and come to a conclusion as to whether the prisoner administered it or not.

The jury then retired to consider their verdict at eighteen minutes past two, the judges also retiring; and the prisoner, who wore upon his features an expression of mute despair, was then, according to such cases, taken down below.

The crowds in the court broke up into noisy conversational groups as to the nature of the coming verdict, and the news that the jury were deliberating travelled fast and far, causing intense excitement outside the Court, where an immense mass of people speedily assembled.

During the absence of the jury, there was one little incident, full of significant import, which awakened marked attention, viz., the entrance into Court of the Rev. J. Davis, chaplain of Newgate, who took his seat upon the bench near the seats of the judges, in full canonicals, ready to pronounce the final “Amen,” when sentence of death should be pronounced, if the jury convicted the prisoner.

The jury re-entered the Court at thirty-five minutes past three, having been absent one hour and seventeen minutes.

Upon the appearance of the jury every whisper ceased, and men seemed scarcely to breathe in the solemnity of the moment.

The Judges then resumed their seats, and the prisoner was replaced at the bar, looking calm and quiet.

The Clerk of the Arraigns inquired of the jury whether they had agreed upon a verdict?

The Foreman replied in the affirmative.

The Clerk: Do you find the prisoner at the bar guilty or not guilty?

Foreman: We find him

=GUILTY.=

The Prisoner received the verdict almost unmoved.

The Clerk then inquired what the prisoner had to say why sentence of death should not be passed upon him.

The prisoner made no answer.

The Chief Justice, in a solemn and impressive manner, then passed sentence of death upon the prisoner in the usual form, and this extraordinary trial was brought to a conclusion.

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