Part 6

Cross-examination continued: I did not tell the coroner that Mr. Cook was beating the bedclothes on the Monday night. I did say that he sometimes threw his head back, and then would raise himself up again, and I believe I also said that he could hardly speak for shortness of breath. I did not say that he called “Murder!” twice, and I do not remember saying that he “twitched” while I was rubbing his hands. I did not say anything about toast-and-water being given to Mr. Cook, by order of Palmer, in a spoon; or that he snapped at the spoon and bit it so hard that it was difficult to get it out of his mouth.

The LORD CHIEF JUSTICE here interposed and intimated his opinion that it would be a fairer course to read the witness’s depositions.

The other judges concurred.

The ATTORNEY-GENERAL said, he should have interposed, but it was his intention to adduce evidence to show the manner in which the case was conducted by the coroner, and that he was expostulated with upon omitting to put proper questions, and also omitting to take down the answers that were given.

Cross-examination continued: I should have answered all those questions if they had been put to me. I was not purposely recalled to state the symptoms of the deceased in the presence of Dr. Taylor. When the prisoner came to the Talbot on the Tuesday night he had a plaid dressing-gown on, but I cannot say whether he had a cap or not. I did not observe that the prisoner appeared at all confused at the time he was examining the clothes and the bed of the deceased.

A model of the prisoner’s house and of the hotel was here produced. The deposition of the witness was put in and read, for the purpose of showing that the statements made by her in her examination on Wednesday were omitted when she was examined by the coroner.

The witness was re-examined by Mr. E. JAMES: I was examined on a great many different days by the coroner. I was not asked to describe all the symptoms I saw. The coroner himself put the questions to me, and his clerk took down the answers. I merely answered the questions, and I was not told to describe all I saw. The coroner asked me if the broth had any effect upon me; and I said, “Not that I was aware of.” I don’t know what brought the sickness to my mind afterwards, but I think that some one else in the house brought the fact to my memory. I certainly did vomit after I took the broth, and was obliged to go to bed. I am quite sure the deceased told me that it was the pills Palmer had given him that had made him ill. When Mr. Collier came to me he said that he was for the Crown, and he then asked me questions about the inquest and the death of Mr. Cook. I answered all the questions he put to me, and he took them down in writing and carried the statement away with him. Two other persons waited outside the house. I am engaged to be married to one of the Duttons.

Serjeant SHEE: Did not Dr. Collier tell you that he was neither for the Crown nor for the defence, but for the truth?

Witness: No; what he said was that he was for the Crown; but what he desired above all things was to know the truth, and that he asked me to tell him without fear, favour, or affection.

Mr. GARDNER, examined by the ATTORNEY-GENERAL: I am a member of the firm of Gardner and Co., of Rugeley. I acted in this matter for the firm of Cookson and Co., the solicitors of Mr. Stevens, the father-in-law of Cook. I attended the inquest on the body of Cook, and occasionally put questions to the witnesses. Mr. Ward, an attorney, was the coroner. He put questions to the witnesses, and his clerk took down the answers. The inquest lasted five days, and several times upon each day I expostulated with the coroner on account of his omitting to put questions.

Mr. Serjeant SHEE submitted that what was said by the coroner was no evidence against the prisoner.

The ATTORNEY-GENERAL: It is not intended as evidence against the prisoner, but to rebut the effect of evidence that you have put in. I will ask--had you occasion to expostulate with the coroner as to the omission of his clerk to take down the answers of witnesses?

Mr. Serjeant SHEE: I object to the question being put in that form.

The ATTORNEY-GENERAL: Did you observe that the clerk omitted to take down the answers of Elizabeth Mills?--Not in reference to that particular case.

Mr. Baron ALDERSON: Her account of the matter is that the questions were not put.

The ATTORNEY-GENERAL: Did Dr. Taylor object that questions were not put which ought to have been put?--I do not recollect it.

Lord CAMPBELL: It is not suggested, as I understand, that the coroner refused to correct any mistakes that were made.

The ATTORNEY-GENERAL: I am prepared to show that there was such misconduct on the part of the coroner as led to expostulation.

Mr. Serjeant SHEE: Don’t state that unless you are going to prove it.

The ATTORNEY-GENERAL: It is suggested that a witness has given evidence here which she did not give before the coroner; my object is to show, first, that questions were not put to her which might and ought to have been put; secondly, that her answers to other questions were not taken down.

Lord CAMPBELL held that the evidence was not admissible.

Witness, cross-examined by Serjeant SHEE: The jury put a great many questions.

Re-examined: The jury made very strong observations as to the necessity of putting questions.

The ATTORNEY-GENERAL: Did they assign any reason for interfering when they put questions?

Mr. Serjeant SHEE objected to this question, on the ground that it did not arise out of his cross-examination.

Lord CAMPBELL: My learned brethren think that evidence upon this point is not admissible.

Mr. Justice CRESSWELL said the depositions which had been put in did not show that any questions had been put by the jurymen. If they had contained such questions they would have shown the motive of the jury in putting them. But the Court was left totally in the dark as to whether questions had been put by the coroner or any other person. For anything that appeared to the contrary, the witnesses might have made a voluntary statement, without any questions at all being put to them. No foundation was laid, therefore, for the Attorney-General’s question.

Mr. Baron ALDERSON concurred.

Mrs. ANN BROOKS, examined by the ATTORNEY-GENERAL: I live at Manchester. I am in the habit of attending races. I was at Shrewsbury Races in November, 1855. I saw Palmer there. On the 14th (Wednesday), about eight o’clock in the evening, I met him in the street, and asked him whether he thought his horse Chicken would win? He desired me, if I heard anything further about a horse belonging to Lord Derby, which was also to run, to call and tell him on the following day. I went to the Raven to see him at half-past ten o’clock on the Thursday evening. Some friends waited for me in the road. I went upstairs, and asked a servant to tell Palmer that I wished to speak to him. The servant said he was there. At the top of the stairs there are two passages, one facing the other, to the left. I saw Palmer standing by a small table in the passage. He had a tumbler-glass in his hand, in which there appeared to be a small quantity of water. I did not see him put anything into it. There was a light between him and me, and he held it up to the light. He said to me, “I will be with you presently.” He saw me the moment I got to the top of the stairs. He stood at the table a minute or two longer with the glass in his hand, holding it up to the light once or twice, and now and then shaking it. I made an observation about the fineness of the weather. The door of a sitting-room, which I supposed was unoccupied, was partially open, and he went into it, taking the glass with him. In two or three minutes he came out again with the glass. What was in the glass was still the colour of water. He then carried it into his own sitting-room, the door of which was shut. He afterwards came out, and brought me a glass with brandy-and-water in it. It might have been the same glass. I had some of the brandy-and-water. It produced no unpleasant consequences. We had some conversation about the races. In the course of it he said he should back his own horse, Chicken. I was present at the race, when Chicken ran and lost.

Cross-examined by Mr. Serjeant SHEE.--I am married. Brooks is the name of my husband. He never goes with me to races. I live with him. I don’t attend many races in the course of a year. My husband has a high appointment, and does not sanction my going to races. A great number of racing men were ill at Shrewsbury on the Wednesday. There was a wonder as to what had caused their illness, and something was said about the water being poisoned. People were affected by sickness and purging. I knew some persons who were so affected. The passage in which I saw Palmer holding the glass led to a good many rooms. I think it was lighted by gas. I supposed that he was mixing some cooling drink.

Re-examined: I was not examined before the Coroner. The brandy-and-water which Palmer gave me was cold. I had been on friendly terms with him. I had known him a number of years as a racing man.

LAVINIA BARNES, examined by Mr. E. JAMES: In November, 1855, I was a waitress at the Talbot Arms. I knew Palmer and Cook. Cook called there on the 12th (Monday) as he was going to the races. He did not complain of illness. I saw him when he returned on the 15th. On the Friday he came between nine and ten o’clock in the evening, after dining with Palmer. He spoke to me. He was sober. On the Saturday I saw him twice. Some broth was sent over and taken up to him by me. He could not take it; he was too sick. I carried it down and put it into the kitchen. I afterwards saw Palmer, and told him Cook was too sick to take it. Palmer said he must have it. Elizabeth Mills afterwards took it up again. She was taken ill with violent vomiting on the Sunday, between twelve and one o’clock. She went to bed, and did not come down stairs till four or five o’clock. I saw some broth on that day in the kitchen. It was in a “sick-cup,” with two handles, not belonging to the house. I did not see it brought. The cup went back to Palmer’s. On the Monday morning, between seven and eight o’clock, I saw Palmer. He told Mills he was going to London. I also saw Cook during the day. Sandars came to see him, and I took him up some brandy-and-water. I slept that night in the next room to Cook’s. Palmer came between eight and nine o’clock in the evening, and went up-stairs, but I did not see whether he went into Cook’s room. About twelve o’clock I was in the kitchen, when Cook’s bell rang violently. I went up-stairs. Cook was very ill, and asked me to send for Palmer. He screamed out “Murder!” He exclaimed that he was in violent pain--that he was suffocating. His eyes were wild-looking, standing a great way out of his head. He was beating the bed with his arms. He cried out, “Christ, have mercy on my soul!” I never saw a person in such a state. Having called up Mills, I left to send “Boots” for Palmer. Palmer came, and I again went into the room. Cook was then more composed. He said, “Oh, doctor, I shall die.” Palmer replied, “Don’t be alarmed, my lad.” I saw Cook drink a darkish mixture out of a glass. I don’t know who gave it to him. I both saw and heard him snap at the glass. He brought up the draft. I left him between twelve and one o’clock, when he was much more composed. On the Tuesday he seemed a little better. At night, a little before twelve o’clock, the bell rang again. I was in the kitchen. Mills went up stairs. I followed her, and heard Cook screaming, but did not go into the room. I stood outside the door and saw Palmer come. He had been fetched. I said as he passed me: “Mr. Cook is ill again.” He said, “Oh, is he?” and went into the room. He was dressed in his usual manner, and wore a black coat and a cap. I remained on the landing when Palmer came out. As he went down stairs, Mills asked him how Cook was? He said to her and to me, “He is not so bad by fifty parts as he was last night.” I heard Cook ask to be turned over before I went in, while Palmer was there. I went in after Palmer had left, but I came out before Cook died.

After he died on the Tuesday I went into the room and found Palmer with a coat in his hand. He was clearing out the pockets of the coat and looking under the bolster. I said, “Oh! Mr. Cook can’t be dead!” Palmer said, “He is. I knew he would be,” and then left the room. I saw him on the Thursday following. He came into the body of the hall, and asked for the key of Mr. Cook’s bedroom, in which the body was lying. The key was in the bar. He said he wanted some books and papers and a paperknife, for they were to go back to the stationer’s, or else he would have to pay for them. I went with him into the room. He then requested me to go to Miss Bond for some books. I went downstairs and fetched the books. When I returned he was still in the room looking for the paperknife on the top of the chest of drawers among books, papers, and clothes. He said, “I can’t find the knife anywhere.” Miss Bond, the housekeeper, afterwards came up, and I left. On the Friday, between 3 and 4 o’clock, I saw Mr. Jones with Palmer. Jones said he thought Palmer knew where the betting-book was. Palmer asked me to go and look for it, and said it was sure to be found, but it was not worth anything to any one but Cook. Mills and I went up to look for it, but we could not find it. We searched everywhere, in the bed and all round the room, but not in the drawers. We went down and told Palmer and Jones that we could not find it. Palmer said, “Oh, it will be found somewhere. I’ll go with you and look myself.” He did not go with us, but left the house. I did not see him come out of the room on the Thursday. There was no reason for our not looking in the drawers. Some people were in the room at the time nailing the coffin.

Cross-examined by Mr. Serjeant SHEE.--Cook had some coffee on the Saturday between 12 and 1. I did not pay any particular attention to the time when Palmer went up on the Monday. I am not sure it was before half-past 9, but I am sure it was before 10. I don’t remember whether Cook touched the glass from which he drank the mixture. I think some one else was holding it. There was some of Cook’s linen in several of the drawers. There was a portmanteau containing other things besides those in the drawers. There were dress clothes, an overcoat, and morning clothes. The door was locked on the night of the death. The women were sent for to lay out the corpse before it was light. The undertaker went on the following morning, and the door was locked after they left. They came again on the Thursday night, had the key, and went up by themselves. The body was put into the coffin the day Stevens was there. The women were in the room with the undertakers when I looked for the book.

Re-examined by the ATTORNEY-GENERAL.--The chamber-maid and I were in and out of the room while the women were laying out the body, but they were sometimes left alone. I saw nothing of the book at that time. I had seen it before in Cook’s hand, but I don’t remember seeing it in the room.

ANN ROWLEY, examined by Mr. WELSBY.--I live at Rugeley, and have frequently been employed as charwoman by Palmer. On the Saturday before Cook died Palmer sent me to Mr. Robinson’s, at the Albion Inn, for a little broth for Cook. I fetched the broth, took it to Palmer’s house, and put it to the fire in the back kitchen to warm. After doing so, I went about my work in other parts of the house. When the broth was hot, Palmer brought it to me in the kitchen, and poured it into a cup. He told me to take it to the Talbot arms for Cook, to ask if he would take a little bread or toast with it, and to say that Smith had sent it.

By Lord CAMPBELL.--He did not say why I was to say that.

Examination resumed.--There is a Mr. Jeremiah Smith in Rugeley. He is called “Jerry Smith.” He is a friend of Palmer’s. I took the broth to the Talbot Arms, and gave it to Lavinia Barnes.

Cross-examined by Mr. Serjeant SHEE.--Mr. Smith was in the habit of putting up at the Albion. He was friendly with Cook. Cook was to have dined with Smith that day, but was not able to go. Mrs. Robinson, the landlady of the Albion, made the broth, but I don’t know by whose orders.

By Lord CAMPBELL.--The broth was at the fire in Palmer’s kitchen about five minutes.

CHARLES HORLEY, examined by Mr. BODKIN.--I am a gardener living at Rugeley, and was occasionally employed by the prisoner in his garden. On the Sunday before Cook died, Palmer asked me to take some broth to Cook. That was at Palmer’s house, where I was in the habit of going. It was between 12 and 1 o’clock. He gave me the broth in a small cup with a cover over it, and told me to take it to the Talbot Arms for Cook. I did so. I cannot say whether or not the broth was hot. I gave it to one of the servant girls at the Talbot Arms, but which I cannot say.

The witness was not cross-examined.

SARAH BOND, examined by Mr. HUDDLESTON: In November last I was housekeeper at the Talbot Arms. I knew Cook. He stayed at the Talbot Arms. I remember his going to Shrewsbury races on the 12th of November. He returned on the Thursday. I heard him say that he was very poorly. I did not see him on the Friday or Saturday. On Sunday I saw him about eight o’clock in the evening. He was in bed. He said that he had been very poorly, but was better. Very soon afterwards I saw Palmer. I asked him what he thought of Cook, and he replied that he was better. On Saturday night Smith had slept in the room with Cook. On the Sunday evening I asked Palmer if Cook would not want somebody with him that night, and Palmer replied that he was so much better, that it would not be necessary that any one should be with him. I asked if Daniel Jenkins, the boots, should sleep in the room. Palmer said, that Cook was so much better he had much rather he did not. On the Monday morning, a little before seven o’clock, I saw Palmer again. He came into the kitchen to me. I asked him how Cook was. He said he was better, and requested me to make him a cup of coffee. He did not say anything about its strength. He remained in the kitchen, and I made the coffee and gave it to him. He told me that he was going to London, and that he had written for Mr. Jones to come to see Cook. On the Monday night, hearing from the waitress that Cook was ill, I went up to his room between eleven and twelve o’clock. When I went into the room Cook was alone. He was sitting up in bed, resting on his elbow. He seemed disappointed, and said he did not want to see me, but Palmer. I went out on to the landing, and soon afterwards Palmer came. Palmer went into the room. I could not see what was done in the room. Palmer came out, went away for a few minutes, and then returned. After he came back, I heard that Cook had vomited. Cook said, he thought he should die. Palmer cheered him up, and said, that he would do all he could to prevent it. When Palmer came out of the room again, I asked him if Cook had any relatives, and he said that he had only a step-father. I saw Cook again between three and four o’clock on Tuesday. That was when Mr. Jones came. A little after six o’clock I took some jelly up to Cook. He seemed very anxious for it, and said that he thought he should die. I thought he seemed better. I did not see him again alive. Between eight and nine o’clock on Wednesday morning, I locked the door of the room in which Cook’s body lay. About nine o’clock I gave the key to Mr. Tolly the barber, when he came to shave the corpse. On Thursday I gave it to Lavinia Barnes. After that I went up to the room and met Palmer coming out of it. After I came out the door was locked, and I had the key. On Friday, when Mr. Stevens came, I gave the key to the undertaker.

Cross-examined by Mr. GROVE: The passengers by the express train from London arrived at Rugeley about ten o’clock in the evening. They come by fly from Stafford.

WILLIAM HENRY JONES, examined by the ATTORNEY-GENERAL: I am a surgeon, living at Lutterworth. I have been in practice fifteen years. I was acquainted with Cook, who from time to time resided at my house. I had been on terms of intimacy with him nearly five years. He was twenty-eight years of age when he died, and unmarried. He was originally educated for the law, but of late years had devoted himself to agriculture and the turf. The last year or two he had no farm. He kept race-horses and betted. I had known Palmer about twelve months. Lately Cook considered my house at Lutterworth as his home. I have attended him professionally. His health was generally good, but he was not very robust. He was a man of active habits. He both hunted and played cricket. In November last he invited me to go to Shrewsbury to see his horse run, and I went. I spent Tuesday, the 13th, with him there. That was the day on which Polestar ran and won. I dined with Cook and other friends at the Raven Hotel, where he was staying. The horse having won, there was a little extra champagne drunk. We dined between six and seven o’clock, and the party broke up between eight and nine. Cook afterwards accompanied me round the town. We went to Mr. Fraill’s, who is clerk of the course. I saw Cook produce his betting-book to Whitehouse, the jockey. He calculated his winnings on Polestar. There were figures in the book. Cook made a statement as to his winnings.

Mr. Serjeant SHEE objected to this statement being given in evidence, and the Attorney-General, therefore, did not ask any questions as to its purport.

Examination resumed: I left the Raven Hotel at ten o’clock. Cook was then at the door. He was not at all the worse for liquor. He was in his usual health. On the following Monday I received a letter from Palmer.

This letter, which was put in and read, was as follows:--

“My dear Sir,--Mr. Cook was taken ill at Shrewsbury, and obliged to call in a medical man. Since then he has been confined to his bed here with a very severe bilious attack, combined with diarrhœa. I think it desirable for you to come and see him as soon as possible.

“Nov. 18, 1855.

WILLIAM PALMER.”