Part 4

But the case does not stop here. The jar was delivered to Mr. Boycott, the clerk to Mr. Gardner, the solicitor. Palmer, finding that it was to be sent to London for chymical analysis, was extremely anxious that it should not reach its destination. It was going to be conveyed by Mr. Boycott to the Stafford station in a fly, driven by a post-boy. Palmer goes to this post-boy, and asks him whether it is the fact that he is going to drive Boycott to Stafford? He is answered in the affirmative. He then asks, “Are the jars there?” He is told that they are. He says, “They have no business to take them; one does not know what they may put in them. Can’t you manage to upset the fly and break them? I will give you £10, and make it all right for you.” The man said, “I shall do no such thing. I must go and look after my fly.” That man will be called before you, and he will have no interest to state anything but the truth. I have now gone through the painful history, yet there are some points of minor importance which I ought not altogether to pass over, as nothing connected with the conduct of a man conscious that an imputation of this kind rests upon him can be immaterial. After the _post mortem_ examination it was thought right to hold a coroner’s inquest. On two or three occasions in the course of that inquiry, Palmer sent presents to the coroner. The stomach of the deceased and its contents were sent to Dr. Taylor, and Dr. Rees, at Guy’s Hospital, who were known to be in communication with Mr. Gardner. A letter was sent by Dr. Taylor to Mr. Gardner, stating the result of the investigation; that letter was betrayed to Palmer by the postmaster, Cheshire, and Palmer then wrote to the coroner, telling him that Dr. Taylor and Dr. Rees had failed in finding traces of poison, and asking him to take a certain course with respect to the evidence. Why should he have done this if there had not been a feeling of uneasiness upon his mind? These matters must not be wholly overlooked, although I will not ask you to give them any undue importance. I should have told you, in addition, that the prisoner had no money prior to Shrewsbury races, while afterwards he was flush of cash. Sums of £100 and £150 were paid by him into the bank at Rugeley, two or three persons received sums of £10 each, and he seemed, in fact, to be giving away money right and left. I think I shall be able to show that he had something like £400 in his possession. Now, Cook had £700 or £800 when he left Shrewsbury on the Thursday morning. None is found. It may be that Cook, who, whatever his faults, was a kind-hearted creature, compassionating Palmer’s condition, and influenced by his representations, assisted him with money. That I do not know. I do not wish to strain the point too far, but one cannot imagine that Cook, who had no money but what he took with him to Shrewsbury, should have given Palmer everything and left himself destitute.

The case then stands thus:--Here is a man overwhelmed with pecuniary difficulties, obliged to resort to the desperate expedient of forging acceptances to raise money, hoping to meet them by the proceeds of the insurances he had effected upon a life. Disappointed in that expectation by the board; told by the gentleman through whom the bills had been discounted, “You must trifle with me no longer--if you cannot find money, writs will be served on you;” Cook’s name forged to an endorsement for £375; ruin staring him in the face--you, gentlemen, must say whether he had not sufficient inducement to commit the crime. He seems to have had a further object. No sooner is the breath out of the dead man’s body than he says to Jones, “I had a claim of £3,000 or £4,000 against him on account of bills.” Besides, he believed that Cook had more property than it turns out he really had. The valuable mare, Pole Star, belonged to him when the assignment had been paid off, and Palmer would have been glad to obtain possession of her. The fact, too, that Cook was mixed up in the insurance of Bates may lead one to surmise that he was in possession of secrets relating to the desperate expedients to which this man has resorted to obtain money. I will leave you to say whether this combination of motives may not have led to the crime with which he is charged. This you will only have to consider, supposing the case to be balanced between probabilities; but if you believe the evidence that will be given as to what took place on the Monday and the Tuesday--if you believe the paroxysms of the Monday, the mortal agony of the Tuesday--I shall show that things were administered, on both those days, by the hand of Palmer, by a degree of evidence almost amounting to certainty.

The body was submitted to a careful analysis, and I am bound to say that no trace of strychnine was found. But I am told that, although the presence of strychnine may be detected by certain tests, and although indications of its presence lead irresistibly to the conclusion that it has been administered, the converse of that proposition does not hold. Sometimes it is found, at other times it is not. It depends upon circumstances. A most minute dose will destroy life, from half to three-quarters of a grain will lay the strongest man prostrate. But in order to produce that fatal effect it must be absorbed into the system, and the absorption takes place in a greater or less period according to the manner in which the poison is presented to the surfaces with which it comes in contact. If it is in a fluid form it is rapidly taken up and soon produces the effect; if not, it requires to be absorbed, and the effects are a longer time in showing themselves. But in either case there is a difficulty in discovering its presence. If it acts only on the nervous system through the circulation, an almost infinitesimal dose will be present. And, as it is a vegetable poison, the tests which alone can be employed are infinitely more delicate and difficult than those which are applied to other poisons. It is unlike a mineral poison, which can soon be detected and reproduced. If the dose has been a large one death ensues before the whole has been absorbed, and a portion is left in the intestines; but if a _minimum_ dose has been administered a different consequence follows, and the whole is absorbed. Practical experience bears out the theory that I am enunciating. Experiments have been tried which show that where the same amount of poison has been administered to animals of the same species death will ensue in the same number of minutes, accompanied by precisely the same kinds of symptoms; while in the analysis afterwards made, the presence of poison will be detected in one case and not in another. It has been repeated over and over again that the scientific men employed in this case had come to the conclusion that the presence of strychnine cannot be detected by any tests known to science. They have been grievously misunderstood. They never made any such assertion. What they have asserted is this--the detection of its presence, where its administration is a matter of certainty, is a matter of the greatest uncertainty. It would, indeed, be a fatal thing to sanction the notion that strychnine, administered for the purpose of taking away life, cannot afterwards be detected! Lamentable enough is the uncertainty of detection! Happily, Providence, which has placed this fatal agent at the disposition of man, has marked its effects with characteristic symptoms distinguishable from those of all other agents by the eye of science.

It will be for you to say whether the testimony that will be laid before you with regard to those symptoms does not lead your mind to the conclusion that the deceased came to his death by poison administered to him by the prisoner. There is a circumstance which throws great light upon this part of the case. Some days before his death the man was constantly vomiting. The analysis made of his body failed to produce evidence of the presence of strychnine, but did not fail to produce evidence of the presence of antimony. Now, antimony was not administered by the medical men, and unless taken in a considerable quantity it produces no effect and is perfectly soluble. It is an irritant, which produces exactly the symptoms which were produced in this case. The man was sick for a week, and antimony was found in his body afterwards. For what purpose can it have been administered? It may be that the original intention was to destroy him by means of antimony--it may be that the only object was to bring about an appearance of disease so as to account for death. One is lost in speculation. But the question is whether you have any doubt that strychnine was administered on the Monday, and still more on the Tuesday when death ensued? And if you are satisfied with the evidence that will be adduced on that point, you must then determine whether it was not administered by the prisoner’s hand. I shall produce testimony before you in proof of the statements I have made, which I am afraid must occupy some considerable portion of your time; but in such an inquiry time cannot be wasted, and I am sure you will give it your most patient attention. I have the satisfaction of knowing that the prisoner will be defended by one of the most eloquent and able men who ever adorned the bar of this country or any other forum, and that everything will be done for him that can be done. If in the end all should fail in satisfying you of his guilt, in God’s name let not the innocent suffer! If, on the other hand, the facts that will be presented to you should lead you to the conclusion that he is guilty, the best interests of society demand his conviction.

The opening address of the Attorney-General occupied upwards of four hours in its delivery. At its conclusion (at a quarter past 2 o’clock) the jury retired for a short time for refreshment, and upon their return the following witnesses were called in support of the prosecution:--

ISMAEL FISHER, examined by Mr. E. JAMES: I am a wine merchant at 4 Victoria-street, City. I am in the habit of attending races and betting. I knew John Parsons Cook. I had known him for about two years before his death. I was at Shrewsbury races in November, 1855. I remember the Shrewsbury Handicap. It was won by the mare called Polestar, the property of Cook. It took place on Tuesday, November the 13th. I saw Cook upon the course. He looked as well as he had looked at any time since I had known him. I was stopping at the Raven Hotel at Shrewsbury. I know Palmer (the prisoner) very well. I have known him rather more than two years. Cook and Palmer were stopping at the same hotel, and occupied a room separated from mine only by a wooden partition. It was a sitting room, and they occupied it jointly. On the Wednesday night, between 11 and 12 o’clock, I went into the sitting-room. I found there Cook, Palmer, and Mr. Myatt, a saddler at Rugeley, a friend of Palmer’s. They had grog before them. I was asked to sit down by Cook, and I sat down. Cook asked Palmer to have some more brandy-and-water. Palmer said, “I will not have any more till you have drunk yours.” Cook said, “Then I will drink mine.” He took up his glass and drank the grog off immediately. He said within a minute afterwards, “There is something in it; it burns my throat dreadfully.” Palmer then got up, took the glass, sipped up what was left in it, and said, “There is nothing in it.” There was not more than a teaspoonful in the glass when he emptied it. In the mean time Mr. Read had come in. Palmer handed the glass to Read and to me, and asked if we thought there was anything in it. We both said the glass was so empty that we could not recognise anything. I said I thought there was rather a strong scent upon it, but I could not say it arose from anything but brandy.

Lord CAMPBELL: Did you put your lips to it?

WITNESS: I did not. It was completely drained. Within ten minutes I retired. Cook had left the room, and then came back and called me from it. We went to my own sitting room. He there told me he was very ill and very sick, and asked me to take his money.

Mr. E. JAMES: Did he state what he was suffering from?

Mr. Serjeant SHEE objected to this question.

Lord CAMPBELL: Surely his statement of the effect produced on him by what he had just swallowed is admissible.

Witness: He said he was very sick, and he thought “that d---- Palmer” had dosed him. He handed me over some money, between £700 and £800, in bank notes, to take care of. He did not sleep in the same room with Palmer. He was seized with vomiting after he had given me the money, and left the room. He afterwards came back to my room, and again complained of what he had been suffering. He asked me to go to his bedroom. I went with him. Mr. Jones, a law-stationer, went with me. He then vomited again violently, and was so ill that I sent for a doctor--Mr. Gibson, who came about half-past twelve or a quarter to one. I remained with Cook till two o’clock. I sent for Mr. Gibson a second time, and he sent some medicine, which Cook took. After seeing the doctor and taking the medicine he became more composed. Mr. Jones and I gave him the medicine. Next morning, about ten o’clock, I saw Palmer. I found him in my sitting-room when I came down stairs; he said, “Cook has been stating that I gave him something in his brandy. I never play such tricks with people. But I can tell you what he was. He was d----d drunk.” I should say Cook was certainly not drunk.

Lord CAMPBELL: Was he affected by liquor?

Witness: Not at all approaching drunkenness, my lord. Cook came into my bedroom before I was up the same morning. He was much better, but still looked ill. I gave him back his money. About three o’clock on that day (Thursday) I saw Cook on the race-course. He looked very ill. I had always settled Cook’s bets for him when he did not settle them himself. I saw his betting-book in his hand. It was dark in colour, and about half the size of this. (The witness here produced a small black pocketbook). On the 17th of November (Saturday), by Cook’s request, I paid Pratt £200. His account, in the ordinary course, would have been settled at Tattersall’s on Monday, the 19th. I advanced the £200 to pay Pratt. I knew that Cook had won at Shrewsbury, and I should have been entitled to deduct that £200 from his winnings, if I had settled his account at Tattersall’s. I did not settle that account, and I have not been paid my advance.

Cross-examined by Mr. Serjeant SHEE.--I had known Cook about two years, and Palmer longer. They were a good deal connected in racing transactions.

Do you know that they were partners?--I don’t remember settling any transactions in which they were jointly interested, and I don’t know that they owned horses jointly. They appeared very intimate and were much together, generally staying at the same hotels. I was not at the Worcester meeting. I don’t know whether Palmer won at Shrewsbury as well as Cook. The races began on the Tuesday about 2 o’clock. Polestar ran about an hour afterwards, but I cannot tell the exact time. I saw Cook on the course after the race, and he appeared much elated. Polestar won easily. In the evening, when I went into the sitting-room, there was a candle on the table. A glass was ordered for me when I sat down. I don’t remember drinking anything, but I cannot swear that I did not. I am a good judge of brandy by the smell. I said there was nothing particular in the smell, but the glass was so completely drained, that there was very little to smell. I counted the money Cook gave me. I had been at the Unicorn that evening quite an hour before. I dined at the Raven about 6 o’clock. I did not see Cook after the race on the Wednesday, till I saw him at the Unicorn, between 9 and 10 o’clock in the evening. I merely looked into the room. I saw Sandars, the trainer, Cook, Palmer, and a lady. I can’t say whether they were drinking.

Did it happen that a good many people were ill on that Wednesday at Shrewsbury--I mean people connected with the races? No. I don’t know that there were. On the Wednesday it was damp underfoot, but I forget whether it rained. I saw Cook several times on the course. On the Thursday the weather was cold and damp. I don’t know that Cook and Palmer breakfasted together on the Thursday morning. On the 17th of November I received a letter from Cook. [The letter was read. It was dated, “Rugeley, Nov. the 16th,” and in it Cook said it was of very great importance to Palmer and to himself that £500 should be paid to Pratt on the next day, that £300 should be sent, and he would be greatly obliged if Fisher would pay the other £200 immediately on receipt of the letter, promising to give it him back on the following Monday at Tattersall’s. He added that he was much better.]

Re-examined by the ATTORNEY-GENERAL: I never intended to say that Cook and Palmer were partners.

Did you notice any change of feeling on the part of Cook towards Palmer?--He never had any great respect for Palmer, but I did notice a change in him. It was a handicap race that Polestar won. Palmer had a horse called Chicken, which ran on the Thursday and lost. He had betted upon the race. Cook was not more elated at winning than people usually are. I am not sure that I drank any brandy-and-water while I was staying at the Raven.

Thomas Jones, examined by Mr. WELSBY, said: I am a law stationer in Carey-street, London. I was at Shrewsbury races last November, and I lodged at the Raven. I arrived there on a Monday night. I supped with Cook, Herring, Fisher and Gravatt. Cook appeared well. I saw him on the Tuesday and Wednesday, and he then also seemed quite well. Fisher and I went to the Raven between eleven and twelve o’clock on Wednesday night. Read was there, and he invited Cook into my room. Palmer was also there. After the party broke up, Fisher came and told me something about Cook, in consequence of which I went with him to Cook’s bedroom. He complained of something burning at his throat and of vomiting. Some medicine was brought,--pills and a draught. Cook refused to take the pills. I then went to the doctor’s and got some liquid medicine, and gave him a small quantity in a wineglass. He was in bed. About a quarter of an hour afterwards he took the pills also, and I left him. Between six and seven o’clock next morning I saw him again. He said he felt easier and better. He looked pale.

This witness was not cross-examined.

George Read, examined by Mr. BODKIN: I live in Victoria-street, near Farringdon-market. I keep a house frequented by sporting characters. I am acquainted with Palmer. I saw him at Shrewsbury races on Tuesday, as well as Cook. He appeared to be in his usual health. I saw him also the next day, and he was apparently in the same health. I stayed at the Raven. On the Wednesday night I went between eleven and twelve into the room in which were Palmer and Cook. There was more than one gentleman in the room. I had some brandy-and-water there. I saw that Cook was in pain almost immediately after I entered. He said to us there is something in the brandy-and-water. Palmer handed me the glass after it had been emptied. I said, “What is the use of examining a glass which is empty?” I believe Cook left the room. I did not see him again. I saw him on the following morning at eleven o’clock. He was in his sitting-room. He said in my hearing that he was very ill.

Cross-examined: On Tuesday he was as well as usual. He never looked a strong man, but one having delicate health. He was not in the habit of complaining of ill-health.

By the COURT: I had some of the brandy-and-water, and it did not make me ill.

Re-examined by the ATTORNEY-GENERAL: My brandy was taken from another decanter, which was sent for when I went in. Cook appeared to be a delicate man, but I never knew anything to be the matter with him. He frequented races everywhere. I never knew him prevented by illness from going to races.

WILLIAM SCAIFE GIBSON: I am assistant to Mr. Heathcote, surgeon, of Shrewsbury. On the 14th of November last I was sent for, and went to the Railway Hotel, Shrewsbury, between twelve and one o’clock at night. I saw Mr Cook there. He was in his bedroom, but not in bed. He complained of pain in his stomach, and heat in his throat. He also said he thought he had been poisoned. I felt his pulse and looked at his tongue, which was perfectly clean. He appeared much distended about the abdomen. I recommended an emetic. He said that he could make himself sick with warm water. I sent the waitress for some. She brought about a pint. I recommended him to use a feather. He said he could do it with the handle of a toothbrush. He drank all the warm water. Having used the toothbrush he was sick. I examined the vomit; it was perfectly clear. I then told him I would send him some medicine. I sent him two pills and a draught. The pills were a compound rhubarb pill and a three-grain calomel pill. They were ordered to be taken immediately, and the draught, which was sennica--a compound of senna, magnesia, and aromatic spirit--was to be taken twenty minutes afterwards. It was what is called a black draught. Half an hour afterwards I gave to Jones, for Cook, an anodyne draught. I did not see Cook afterwards.

Cross-examined by Mr. Serjeant SHEE: Did you form any opinion as to what was the matter with Cook?--I treated it as a case of poisoning.

Did you observe anything in the vomit which led you to believe he had been poisoned?--Nothing at all.

Did he appear to have been drinking?--He appeared to be a little excited, but he was quite sensible what he was doing and saying.

By “excited” do you mean to say he was tipsy?--No; but his brain had been stimulated with brandy-and-water. The idea of having taken poison would have some effect upon it.

In your judgment, was what you had prescribed a good thing, supposing Cook had taken poison?--According to the symptoms, I should say it was.

Would it not have been better to get the poison up at once, if possible?--He threw up the warm water.

Lord CAMPBELL: Did that cleanse the stomach?--Yes.

Cross-examination continued: Yet you thought calomel necessary?--Yes; on account of the distended state of the bowels.

Did you see anything like bile in the basin?--There was some on the edge of the basin, but it must have been thrown up before he took the warm water.

Re-examined by the ATTORNEY-GENERAL: The piece of bile was about the size of a pea? The water thrown up was perfectly clean. Cook’s tongue was quite clean.

Is that usual in the case of a bilious attack?--If the stomach had been wrong any length of time the tongue would have been discoloured.