Part 7

Examination resumed: On that day (Monday) I was very unwell. On the next day I went to Rugeley. I arrived at the Talbot Arms about half-past three o’clock in the afternoon, and immediately went up to Cook’s room. He said that he was very comfortable, but he had been very ill at Shrewsbury. He did not detail the symptoms, but said that he was obliged to call in a medical man. Palmer came in. I examined Cook in Palmer’s presence. He had a natural pulse. I looked at his tongue, which was clean. I said it was hardly the tongue of a bilious diarrhœa attack. Palmer replied--“You should have seen it before.” I did not then prescribe for Cook. In the course of the afternoon I visited him several times. He changed for the better. His spirits and pulse both improved. I gave him, at his request, some toast-and-water, and he vomited. There was no diarrhœa. The toast-and-water was in the room. Mr. Bamford came in the evening about seven o’clock. Palmer had told me that Mr. Bamford had been called in. Mr. Bamford expressed his opinion that Cook was going on very satisfactorily. We were talking about what he was to have, and Cook objected to the pills of the previous night. Palmer was there all the time. Cook said the pills made him ill. I do not remember to whom he addressed this observation. We three (Palmer, Bamford, and myself) went out upon the landing. Palmer proposed that Mr. Bamford should make up some morphine pills as before, at the same time requesting me not to mention to Cook what they contained, as he objected to the morphine so much. Mr. Bamford agreed to this, and he went away. I went back to Cook’s room, and Palmer went with me. During the evening I was several times in Cook’s room. He seemed very comfortable all the evening. There was no more vomiting nor any diarrhœa, but there was a natural motion of the bowels. I observed no bilious symptoms about Cook.

By Lord CAMPBELL: Did he appear to have recently suffered from a bilious attack?--No.

Examination resumed: Palmer and I went to his house about eight o’clock. I remained there about half-an-hour, and then returned to Cook. I next saw Palmer in Cook’s room at nearly eleven o’clock. He had brought with him a box of pills. He opened the paper, on which the direction was written in my presence. That paper was round the box. He called my attention to the paper, saying, “What an excellent handwriting for an old man!” I did not read the direction, but looked at the writing, which was very good. Palmer proposed to Cook that he should take the pills. Cook protested very much against it, because they had made him so ill the previous night. Palmer repeated the request several times, and at last Cook complied with it, and took the pills. The moment he took them he vomited into the utensil. Palmer and myself (at Palmer’s request) searched in it for the pills, to see whether they were returned. We found nothing but toast-and-water. I do not know when Cook had drank the toast-and-water, but it was standing by the bedside all the evening. The vomiting could not have been caused by the contents of the pills, nor by the act of swallowing. After vomiting, Cook laid down and appeared quiet. Before Palmer came, Cook had got up and sat in a chair. His spirits were very good; he was laughing and joking, talking of what he should do with himself during the winter. After he had taken the pills I went downstairs to my supper, and returned to his room at nearly twelve o’clock. His room was double-bedded, and it had been arranged that I should sleep in it that night. I talked to Cook for a few minutes, and then went to bed. When I last talked to him he was rather sleepy, but quite as well as he had been during the evening. There was nothing about him to excite any apprehensions. I had been in bed about ten minutes, and had not gone to sleep, when he suddenly started up in bed, and called out, “Doctor, get up, I am going to be ill! Ring the bell, and send for Palmer.” I rang the bell. The chambermaid came, and Cook called out to her, “Fetch Mr. Palmer.” He asked me to give him something; I declined, and said, “Palmer will be here directly.” Cook was then sitting up in bed. The room was rather dark, and I did not observe anything particular in his countenance. He asked me to rub the back of his neck. I did so. I supported him with my arm. There was a stiffness about the muscles of his neck.

Palmer came very soon (two or three minutes at the utmost) after the chambermaid went for him. He said, “I never dressed so quickly in my life.” I did not observe how he was dressed. He gave Cook two pills, which he told me were ammonia pills. Cook swallowed them. Directly he did so he uttered loud screams, threw himself back in the bed, and was dreadfully convulsed. That could not have been the result of the action of the pills last taken. Cook said, “Raise me up! I shall be suffocated.” That was at the commencement of the convulsions, which lasted five or ten minutes. The convulsions affected every muscle of the body, and were accompanied by stiffening of the limbs. I endeavoured to raise Cook, with the assistance of Palmer, but found it quite impossible, owing to the rigidity of the limbs. When Cook found we could not raise him up, he asked me to turn him over. He was then quite sensible. I turned him on to his side. I listened to the action of his heart. I found that it gradually weakened, and asked Palmer to fetch some spirits of ammonia, to be used as a stimulant. Palmer went to his house and fetched the bottle. He was away a very short time. When he returned the pulsations of the heart were gradually ceasing, and life was almost extinct. Cook died very quietly a very short time afterwards. From the time he called to me to that of his death there elapsed about ten minutes or a quarter of an hour. He died of tetanus, which is a spasmodic affection of the muscles of the whole body. It causes death by stopping the action of the heart. The sense of suffocation is caused by the contraction of the respiratory muscles. The room was so dark that I could not observe what was the outward appearance of Cook’s body after death. When he threw himself back in bed he clinched his hands, and they remained clinched after death. When I was rubbing his neck, his head and neck were unnaturally bent back by the spasmodic action of the muscles. After death his body was so twisted or bowed that if I had placed it upon the back it would have rested upon the head and the feet.

By Lord CAMPBELL: When did you first observe that twisting or bowing?--When Cook threw himself back in bed.

Examination resumed: The jaw was effected by the spasmodic action. Palmer remained half-an-hour or an hour after Cook’s death. I suggested that we should have some women to lay Cook out. I left the room to speak to the housekeeper about this. Seeing two maids on the landing, I sent them into the room where Palmer was with Cook’s body. I went downstairs and spoke to the housekeeper, and then returned to the bedroom. When I went back, Palmer had Cook’s coat in his hand. He said to me, “You, as his nearest friend, had better take possession of his effects.” I took Cook’s watch and his purse, containing five sovereigns and five shillings, which was all I could find. I saw no betting-book, nor any papers or letters belonging to Cook. I found no bank notes.

Before Palmer left, did he say anything to you on the subject of affairs between himself and Cook?--He did. Soon after Cook’s death, he said, “It is a bad thing for me that Mr. Cook is dead, as I am responsible for £3,000 or £4,000, and I hope Mr. Cook’s friends will not let me lose it. If they do not assist me, all my horses will be seized.” He said nothing about securities or papers. I was present when Mr. Stevens, Cook’s stepfather, came. Palmer said that if Mr. Stevens did not bury Cook he should. I do not recollect that there was any question about burying him. Mr. Stevens, Palmer, Mr. Bamford, and myself, dined together. After dinner, Mr. Stevens, in Palmer’s presence, asked me to go and look for Cook’s betting-book. I went to look for it, and Palmer followed me. The night that Cook died the betting-book was mentioned.

What was said about it?--Palmer said that it would be of use to no one.

What led to this?--My taking possession of the effects.

Did you make any observation about the book?--I cannot recollect.

Did you find it?--No.

Did you make any remark?--No particular remark.

Did Palmer know what you were looking for?--Yes.

How?--I said, “Where is the betting-book?” Upon that he said, “It is of no use to anyone.”

You are sure he said that?--Yes. When I went to look for the book, at Mr. Stevens’ request, Palmer followed me. I looked for the book for two or three minutes, but did not find it. I told the maidservants that I could not find it. Palmer returned with me to the dining-room, and I told Mr. Stevens that I could not find the book.

By Lord CAMPBELL: When Palmer, Mr. Bamford, and myself, held the consultation on the landing on the Tuesday night, nothing was said about the spasms of the night before.

Cross-examined by Mr. Serjeant SHEE: I am a regular medical practitioner, and have for 15 years practised medicine as a means of gaining a living. I am a licentiate of the Apothecaries Company, and have endeavoured, both as a young man and since, to qualify myself for my profession. When I saw Cook his throat was slightly ulcerated, but he could swallow very well, although with a little pain. I know that he had applied caustic to his tongue, but he had ceased to do so for two months. He did not after that continue to complain of pain in his throat or tongue. I saw him frequently during the races, and never heard him express any apprehension about spots which appeared upon his body, although he did express apprehensions of secondary symptoms resulting from syphilis. I am not aware that at the time he died he was suffering from the venereal disease, but I know that he had it about a twelvemonth ago. He had been reduced in circumstances some time before he died, but he was redeeming them. I do not know that he was frequently in want of small sums of money. I believe that he owned a mare, in conjunction with Palmer, named Pyrrhine, which was under the care of Sandars, the trainer. The race which Polestar won was a matter of very great importance to the deceased. He was much excited at the race, and more particularly so after it. Deceased was a very temperate man, and did not exceed in wine on the evening of the race. The next I heard of him was through the letter from Palmer. Palmer knew perfectly well who I was, and that I was in practice as a surgeon at Lutterworth. When I saw deceased he objected to take morphia pills, because they had made him ill the night before. He did not say that Dr. Savage had forbidden him to take the morphia, but he said that he had been directed not to take mercury or opium. The effect of morphia would be to soothe and to cause slight constipation. When I saw him and he roused up a little, he said, “Palmer, give me the remedy you gave me last night.” I rubbed the deceased’s neck for about five minutes. He died very quietly. I had seen cases of tetanus before. I think I mentioned tetanus at the inquest. I am sure if you refer to my depositions, you will find that I mentioned tetanus and convulsions both. (The depositions were referred to, and there was no mention of tetanus in them.) Witness continued, however, “I am sure that I mentioned tetanus.”

The ATTORNEY-GENERAL: I must set this right. I have here the original deposition, and I find that the matter stands thus:--“There were strong symptoms of”--then there is the word “compression” struck out; and then there is the word “tetinus” also struck out--it is evident that the clerk did not know the meaning of what he was writing--and then the words “violent convulsions” are added; so that the sentence stands, “There were strong symptoms of violent convulsions.”

By Mr. Serjeant SHEE: I also said before the coroner that I could not tell the cause of death, and that I imagined at the time that it was from over excitement.

The LORD CHIEF JUSTICE said, that the learned counsel must not read detached portions of the depositions--the whole must be read. (The depositions were accordingly read by the Clerk of the Arraigns.)

Cross-examination continued: I do not recollect that I ever said that deceased died of epilepsy. Dr. Bamford said that he died in an apoplectic fit, and I said that I thought he did not. I said that I thought it was more like an epileptic than an apoplectic fit. I do not know Mr. Pratt, but I took a letter from him to Cook. Cook did not open it, but said, “I know the contents of it--let it be till to-morrow morning.” I have seen Palmer’s racing establishment at Rugeley. I saw a number of mares in foal, and others in the paddock, and some very valuable horses. The stables were good, and the establishment appeared to be a large and expensive one.

Re-examined by the ATTORNEY-GENERAL: I am not a good judge of the value of racing horses, but I understand other horses very well. I have only seen one case of tetanus, and that case resulted from a wound. The patient in that case lasted three days before death ensued. I am satisfied that the death of Mr. Cook did not arise from epilepsy. In epilepsy consciousness is lost, but there is no rigidity or convulsive spasm of the muscles. The symptoms are quite different. I am equally certain that death was not the result of apoplexy.

LAVINIA BARNES was recalled, at the instance of Mr. Serjeant SHEE, and in answer to the learned Serjeant, she said: On Monday morning Mr. Cook said to me that he had been very ill on Sunday night, just before twelve o’clock, and that he had rung the bell for some one to come to him; but he thought that they had all gone to bed.

ELIZABETH MILLS, recalled by the ATTORNEY-GENERAL, and examined on the same point: I remember on Monday morning asking Mr. Cook how he was, and he said that he had been disturbed in the night, adding, “I was just mad for two minutes.” I said, “Why did you not ring the bell?” and he replied, “I thought you would be all fast asleep, and would not hear me. The illness passed away, and I managed to get over it without.” He also said that he thought he had been disturbed by the noise of a quarrel in the street.

Dr. HENRY SAVAGE, physician, of 7, Gloucester-place, examined by the ATTORNEY-GENERAL: I knew John Parsons Cook. He had been in the habit of consulting me professionally during the last four years. He was a man, not of robust constitution; but his general health was good. He came to me in May, 1855, but I saw him about November of the year before, and early in the spring of 1855. In the spring of 1855 the old affair--indigestion--was one cause of his visiting me, and he had some spots upon his body, about which he was uneasy. He had also two shallow ulcers on his tongue, which corresponded with two bad teeth. He said that he had been under a mild mercurial course, and he imagined that those spots were syphilitic. I thought they were not, and I recommended the discontinuance of mercury. I gave him quinine as a tonic, and an aperient composed of cream of tartar, magnesia, and sulphur. I never at any time gave him antimony. Under the treatment which I prescribed the sores gradually disappeared, and they were quite well by the end of May. I saw him, however, frequently in June, as he still felt some little anxiety about the accuracy of my opinion. If any little spot made its appearance he came to me, and I also was anxious on the subject, as my opinion differed from that of another medical man in London. Every time he came to me I examined him carefully. There were no indications of a syphilitic character about the sores, and there was no ulceration of the throat, but one of the tonsils was slightly enlarged and tender. I saw him last alive, and carefully examined him, either on the 3rd or 5th of November. There was in my judgment no venereal taint about him at the time.

Cross-examined by Mr. Serjeant SHEE: I do not think that the deceased was fond of taking mercury before I advised him against it; but he was timid on the subject of his throat, and was apt to take the advice of any one. No; I don’t think that he would take quack medicines. I don’t think he was so foolish as that.

CHARLES NEWTON, called and examined by Mr. JAMES, Q.C.--I am assistant to Mr. Salt, a surgeon at Rugeley. I know the prisoner, William Palmer. I remember Monday, the 19th of November. I saw Palmer that evening at Mr. Salt’s surgery about nine o’clock. I was alone when he came there. He asked me for three grains of strychnine, and I weighed it accurately and gave it to him, enclosed in a piece of paper. He said nothing further, but “Good night,” and took it away with him. I knew him to be a medical man, and gave it him,--made no charge for it. The whole transaction did not occupy more than two or three minutes. I again saw Palmer on the following day, between eleven and twelve o’clock. He was then at the shop of Mr. Hawkins, a druggist. He asked me how I was, and put his hand upon my shoulder, and said he wished to speak with me. Accordingly I went out into the street with him, and he then asked me when Mr. Edwin Salt was going to his farm. The farm in question was at a place about fourteen miles distant from Rugeley. Palmer had nothing whatever to do with that farm; but Mr. Salt’s going there was a rumour of the town. While we were talking, a Mr. Brassington came up and spoke to me, and during our conversation Palmer went into Hawkins’ shop again. Palmer came out of the shop a second time, while I was still talking to Brassington. I am not sure whether Palmer spoke to me at that time; but he went past me in the direction of his own house, which is about 200 yards from Hawkins’. I then went into Hawkins’ shop, where I saw Roberts, Mr. Hawkins’ apprentice, and I had some conversation with him about Palmer. I knew a man named Thirlby, who had been an assistant and a partner of Palmer. Palmer usually dealt with Thirlby for his drugs--in fact, Thirlby dispensed Palmer’s medicine. On Sunday, the 25th of November, about seven o’clock in the evening, I was sent for and went to Palmer’s house. I found Palmer, when I got there, in his kitchen. He was sitting by the fire, reading. He asked me how I was, and to have some brandy-and-water. No one else was present. He asked me what was the dose of strychnine to give to kill a dog? I told him a grain. He asked me what would be the appearance of the stomach after death? I told him that there would be no inflammation, and that I did not think it could be found. Upon that he snapped his finger and thumb in a quiet way, and exclaimed, as if communing with himself, “That’s all right.” (Sensation.) He made some other remarks of a commonplace character, which I do not recollect. I was with him altogether about five minutes.

On the following day, Monday, the 26th of November, I heard that a _post mortem_ examination was to take place. I went to Dr. Bamford’s house, intending to accompany him to the _post mortem_, and I found Palmer there in the study. That was about ten o’clock in the day. Palmer asked me what I wanted? I told him that I had come to attend the _post mortem_. He asked whether I thought Mr. Salt was going; and I replied that he was engaged, and could not go. I took the necessary instruments with me, and went down to the Talbot Arms. Dr. Harland, and Mr. Frere, a surgeon, practising at Rugeley, were both there. They went away, however, for a short time, and left Palmer and me together in the entrance to the hall at the Talbot Arms. He spoke to me. He said--“It will be a dirty job; I will go and have some brandy.” I went with him to his house, which was just opposite. He gave me two wine glasses of neat brandy, and he took the same quantity himself. He said, “You’ll find this fellow suffering from a diseased throat--he has had syphilis, and has taken a great deal of mercury.” I afterwards went over with Palmer to the _post mortem_, and found the other doctors there. During the _post mortem_, Palmer stood near to Dr. Bamford, against the fire. I was examined before the coroner, and did not state before that functionary that I had given Palmer three grains of strychnine on the night of the 19th of November. The first person that I told of it was Cheshire, the postmaster.

Mr. Sergeant SHEE objected to anything that this witness had said to Cheshire being admitted as evidence against the prisoner.

The COURT ruled in favour of the objection.

Cross-examined by Mr. GROVE, Q.C.: It might have been a week or two or three days after I gave Palmer the strychnine that I first mentioned the occurrence to any one. I think I may undertake to say that it was not a fortnight afterwards. Subsequently to the inquest I was examined for the purpose of giving evidence on the part of the Crown. I cannot say how long after the inquest that was. When I was first examined on behalf of the Crown, I did not mention the three grains of strychnine, but I did mention the conversation about the poisoning of the dog. That was not the first time that I had mentioned that conversation; for I had mentioned it before to Mr. Salt; but I cannot tell how long before. I was examined twice for the purpose of the prosecution by the Crown. I did not mention Cook’s suffering from sore throat at the inquest, but I did mention the conversation which took place at Hawkins’s shop. At that time I knew it had been alleged that Palmer had purchased strychnine at Hawkins’s, and I presumed that my evidence was required with reference to that point. I first stated on Tuesday last, for the purposes of this prosecution, the fact of my having given Palmer three grains of strychnine. I cannot say whether in that examination I said that Palmer said, “You will find this ‘poor’ fellow suffering from a diseased throat.” I don’t know whether I said “poor fellow” or “rich fellow.”

Do you not know that there is a difference in the expression “fellow” and “poor fellow?”--I know that there is a difference between poor and rich. It is impossible to recollect all that I said upon every occasion.

Re-examined by the ATTORNEY-GENERAL: I did not mention the circumstance of my having given the strychnine to Palmer, because Mr. Salt, my employer, and Palmer were not friends, and I thought it would displease Mr. Salt if he knew that I had let Palmer have anything. I first mentioned it to Boycott, the clerk of Mr. Gardner, the solicitor, at the Rugeley station, where I and a number of other witnesses were assembled for the purpose of coming to London. As soon as I arrived in London, Boycott took me to Mr. Gardner’s. I communicated to him what I had to say; and I was then taken to the Solicitor of the Treasury, and I made the same statement to him.

Mr. Serjeant SHEE: Have you not given another reason for not mentioning the occurrence about the three grains of strychnine before--that reason being that you were afraid you could be indicted for perjury?--No, I did not give that as a reason, but I stated to a gentleman that a young man at Wolverhampton had been threatened to be indicted for perjury by George Palmer because he had said at the inquest upon Walter Palmer that he had sold the prisoner prussic acid, and he had not entered it in the book and could not prove it. I stated at the same time that George Palmer said he could be transported for it. I did not enter the gift of the three grains of strychnine from Mr. Salt’s surgery in a book. The inquest upon Walter Palmer did not take place till five or six weeks after the inquest upon Cook.

The COURT then adjourned at twenty-five minutes past six o’clock until the next day, the jury being conducted, as on the previous evening, to the London Coffeehouse in charge of the officers of the Court.

THIRD DAY, MAY 16.