Part 8

The court was quite as full at the commencement of the proceedings this morning as it had been on either of the preceding days. The Earl of Derby, Earl Grey, and other noble lords were again present.

The jury took their seats shortly before ten o’clock. The learned judges, Lord Chief Justice Campbell, Mr. Baron Alderson, and Mr. Justice Cresswell, soon afterwards entered the court, accompanied by the Recorder and Sheriffs, and the prisoner was then placed at the bar. He appeared rather more anxious than on the two previous days, but was still calm and collected, and paid the greatest attention to the evidence.

Counsel for the Crown: The Attorney-General, Mr. E. James, Q.C., Mr. Bodkin, Mr. Welsby, and Mr. Huddleston. For the prisoner:--Mr. Serjeant Shee, Mr. Grove, Q.C., Mr. Gray, and Mr. Kenealy.

The next witness for the prosecution was CHARLES JOSEPH ROBERTS, examined by Mr. E. JAMES: In November last I was apprentice to Mr. Hawkins, a druggist, at Rugeley. I know Palmer. On Tuesday, November the 20th, between eleven and twelve in the day, he came into Mr. Hawkins’s shop. He first asked for two drachms of prussic acid, for which he had brought a bottle. I was putting it up when Newton, the assistant of Salt, came in. Palmer told him he wanted to speak to him, and they went out of the shop together. I then saw Brassington, the cooper, take Newton away from Palmer, and enter into conversation with him. Palmer then came back into the shop and asked me for six grains of strychnine and two drachms of Batley’s solution of opium (commonly called Batley’s sedative). I had put up the prussic acid, which was lying upon the counter. He stood at the counter when he ordered the things, and while I was preparing them behind the counter he stood at the shop door, with his back to me, looking into the street. I was about five minutes preparing them. He stood at the door till they were ready, when I delivered them to him--the prussic acid in the bottle he had brought, the strychnine in a paper, and the opium in a bottle. He paid me for them and took them away. No one else was in the shop from the time when Palmer and Newton went out till I delivered the things to him. When Palmer had left, Newton came in, and we had some conversation. I had at that time been six years in Mr. Hawkins’s employment. Palmer had not bought any drugs at the shop for about two years. I know Thirlby, Palmer’s assistant. He had started a shop about two years before.

By Lord CAMPBELL: Thirlby was carrying on business as a druggist at the time.

Cross-examined by Mr. Sergeant SHEE.--I did not make entries of any of these things in the books.

Re-examined: When articles are paid for across the counter I am not in the habit of making entries of them in the books.

The ATTORNEY-GENERAL stated that Dr. Bamford was seriously ill, and unable to attend, but his depositions would be read.

Mr. William STEVENS, examined by the ATTORNEY-GENERAL: I have been a merchant in the city, but am now out of business. Was stepfather to the deceased Mr. Cook. I married his father’s widow 15 (or 18) years ago, and have known him intimately ever since. I was made executor to his grandfather’s will. I was always on friendly terms with him, and constantly had the care of him. He had property worth altogether about £12,000. He was articled to a solicitor at Worthing, in Sussex, but he did not follow the profession. He had been connected with the turf about three or four years--perhaps not so much. I did everything in my power to withdraw him from that pursuit.

Lord CAMPBELL: But you still remained on friendly terms?

Witness: On affectionate terms. The last time I saw him alive was at the station at Euston-square, about two o’clock on the afternoon of the 5th of November. I think he told me he was going to Rugeley, but I am not quite sure; he looked better than I had seen him for a very long time. I was so gratified that I said, “My boy, you look very well now; you don’t look anything of an invalid.” He said he was quite well, and struck himself on the chest. I think he added he would be quite right if he was happy. In point of appearance he was not a robust man. His complexion was pale. During the previous winter he had had a sore throat for some months. I first heard of his death on the evening of Wednesday, November 21. Mr. Jones, of Lutterworth, called at my house and informed me of it. The next day I went down to Lutterworth with Mr. Jones for the purpose of searching for the will and papers. The day after I went to Rugeley. I arrived between twelve and one. I asked to see the body when I got to the inn. I met Palmer in the passage. I had seen him once before, and Mr. Jones introduced me to him. He followed us upstairs to see the body, and removed the sheet from it to rather below the waist. I was much struck with its appearance. I first noticed the tightness of the muscles across the face. There did not appear to me to be any emaciation or disease. We all went down stairs to one of the sitting-rooms. In a short time I said to Palmer, “I hear from Mr. Jones that you know something of my son’s affairs. Can you tell me anything about them?” He replied, “Yes; there are £4,000 worth of bills out of his, and I am sorry to say my name is to them; but I have got a paper drawn up by a lawyer, and signed by him, to show that I never had any money from them.” I expressed great surprise at this, and said, “I fear there won’t be 4000 shillings to pay you.” “But,” I asked, “had he no horses, no property?” Palmer replied, “Yes, he has some horses, but they are mortgaged.” I said, “Has he no sporting bets, nor anything of that sort?” He mentioned one debt of £300. I would rather not state the name of the person who owed it. It is a relation of his, not a sporting gentleman. (The witness wrote down the name and handed it to the counsel on both sides and the Judges).

Lord CAMPBELL: The name is immaterial.

Palmer said he did not know of any other debt. I said I thought his sporting creditors would have to take his sporting effects, as I should have nothing to do with them. I added, “Well, whether he has left anything or not, poor fellow, he must be buried.” Palmer immediately said, “Oh! I’ll bury him myself, if that’s all.” I said, “I certainly can’t think of your doing that; I shall do it.” Cook’s brother-in-law, who had come to meet me, was then present, and expressed a great wish to bury him. I said, “No; as his executor, I shall take care of that. I cannot have the funeral immediately, as I intend to bury him in London, in his mother’s grave. I shall be sorry to inconvenience the people here at the inn, but I will get it done as soon as possible.” Palmer said, “Oh! that’s of no consequence, but the body ought to be fastened up at once.” He repeated that observation--“So long as the body is fastened up, it is of no consequence.” While I was talking to Cook’s brother-in-law, Palmer and Jones left the room. They returned in about half an hour. I then asked Palmer for the name of some respectable undertaker in Rugeley, that I might at once order a coffin and give directions. He said, “I have been and done that. I have ordered a shell and strong oak coffin.” I expressed my surprise. I said, “I did not give you any authority to do so, but I must see the undertaker to let him have my instructions.” I think he told me the name of the undertaker. I ordered dinner for myself, my son-in-law, and Jones, and I asked Palmer to come in. We all dined together at the inn, about 3. I was going back to London that afternoon. After dinner, Palmer being still present, I desired Mr. Jones to be so good as to go upstairs and get me Mr. Cook’s betting-book, or pocket-book, or books or papers that might be there. I had seen him with a betting-book--a small one with clasps. Mr. Jones then left the room, and Palmer followed him. They were away 10 minutes. Mr. Jones said, on their return, “I am very sorry to say I can’t find any betting-book or papers.” I exclaimed, “No betting-book, Mr. Jones?” Turning towards Palmer, I said, “How is this?” Palmer said, “Oh, it is of no manner of use if you find it.” I said, “No use, Sir! I am the best judge of that.” He replied, “It is of no use.” I said, “I am told it is of use. I understand my son won a great deal of money at Shrewsbury, and I ought to know something about it.” He replied, “It is of no use, I assure you. When a man dies his bets are done with. Besides, Cook received the greater part of his money on the course at Shrewsbury.” I said, “Very well, the book ought to be found, and must be found.” Palmer then said, in a quieter tone, “It will no doubt be found.” I again said, “Sir, it shall be found.”

I then went to the door, and calling to the housekeeper, I desired that everything in the bedroom should be locked up, and nothing touched until I returned or sent some one. Before leaving I went up stairs to take a last look at the body. Some servants were in the room, turning over the bed-clothes, and also the undertaker. I had given him instructions before dinner to place the body in the coffin. He was standing by the side of the shell. The body was in it, uncovered. I knelt down by the side of the shell, and, taking the right hand of the corpse I found it clinched. I looked across the body and saw that the left hand was clinched in the same manner. I returned to town and communicated next morning with my solicitor, who gave me a letter to Mr. Gardner of Rugeley. I returned to Rugeley, where I arrived at eight o’clock next evening (Saturday). I started from Euston square at two o’clock, and on the platform I met Palmer. He said he had received a telegraphic message summoning him to London after I had left Rugeley. I asked him where Cook’s horses were kept. He told me at Eddisford, near Rugeley, and said he would drive me out there if I wished. When I got to Wolverton, where the train stops, I saw him again in the refreshment room. I said, “Mr. Palmer, this is a very melancholy thing, the death of my poor son happening so suddenly; I think for the sake of his brother and sister, who are somewhat delicate, it might be desirable for his medical friends to know what his complaints were.” Cook had a sister and half-brother. Palmer replied, “That can be done very well.” The bell then rang, and we went to our seats. He travelled in a different carriage till we reached Rugby, where I saw him again in the refreshment-room. I said, “Mr. Palmer, as I live at a distance I think I ought to ask a solicitor at Rugeley to look after my interest.” He said, “Oh, yes, you might do that.” “Do you know any solicitor?” I said, “No.” I then got some refreshment, and went back to my carriage; I found Palmer sitting there. I had no conversation with him before we reached Rugeley, but continued talking to a lady and gentleman with whom I had been conversing since I left town.

After we arrived at Rugeley, Palmer said, “Do you know any solicitor, here?” I said, “No, I don’t, I am a perfect stranger.” He said, “I know them all intimately, and I can introduce you to one. When I get home I must have a cup of coffee, and I will then come over, and take you all about.” I thanked him, as I had done once or twice before, and said I wouldn’t trouble him. He repeated his offer. Altering my tone and manner, I said, “Mr. Palmer, if I should call in a solicitor to give me advice, I suppose you will have no objection to answer any question he may put to you.” I altered my tone purposely; I looked steadily at him, but, although the moon was shining, I could not see his features distinctly. He said, with a spasmodic convulsion of the throat, which was perfectly apparent, “Oh no, certainly not.” At Wolverton, I had purposely mentioned my desire that there should be a _post-mortem_ examination, and I ought to say that he was quite calm when I mentioned it. After I asked him that question there was a pause for three or four minutes. He then again proposed to come over to me after he had had his coffee, and I again begged he would not trouble himself. I went to Mr. Gardner, and then came back to the inn. Palmer came to me, and began to talk about the bills. He said, “It’s a very unpleasant affair for me.” I said, “I think it right to tell you, that since I saw you I have had rather a different account of Mr. Cook’s affairs.” He said, “Oh, indeed! I hope, at any rate, they will be settled pleasantly.” I said, “His affairs can only be settled in a Court of Chancery.” He asked me what friends Mr. Cook visited in the neighbourhood of London. I said, “Several.” The next day (Sunday) I saw him again, between five and six in the evening. He said, “You were talking of going to Eddisford. If I were you, I would not take a solicitor with me there.” I said, “Why not? I shall use my own judgment.” Later in the evening he came again to my room, holding a piece of paper, as if he wished to give it to me. I went on with my writing, and said, “Pray, who is Mr. Smith?” He repeated, “Mr. Smith!” two or three times, and I said, “I mean a Mr. Smith who sat up with my son one night.” He said, “He is a solicitor in the town.” I asked if he was in practice. He replied, “Yes.” I said, “I ask you the question because, as the betting-book is lost, I should wish to know who has been with the young man.” After a pause, I said, “Did you attend my son in a medical capacity?” He said, “Oh, dear, no.” I said, “I ask you, because I am determined to have his body examined; and if you had attended him professionally I suppose the gentleman I shall call in would think it proper that you should be present.” He asked who was to perform the examination. I said, “I cannot say. I shall not know myself until to-morrow. I think it right to tell you of it; but, whether you are present at it or not is a matter of indifference to me.”

On the Friday, when Palmer gave orders for the shell, did you perceive any sign of decomposition in the body, or anything which would render its immediate enclosure necessary?--On the contrary, the body did not look to me like a dead body. I was surprised at its appearance.

Cross-examined by Mr. Serjeant SHEE: The last time Cook stayed at my house was in January or February last year, for about a month. He then had a sore throat. I do not remember that it was continually sore. He had not the least difficulty in swallowing. I did not notice any ulcers about his face. In the spring he complained of being an invalid, and said his medical friends told him that if he was not better in the winter he ought to go to a warm climate. No communication was made to me about insuring his life. I was dissatisfied about the loss of the betting-book. I desired that everything belonging to the deceased might be locked up. When I returned to Rugeley with Palmer, I went to seek for Mr. Gardner. I saw him on the following (Sunday) morning. I have once been in communication with the policeofficer Field. That was a fortnight or three weeks after my son’s death. Field called upon me. I never applied to him.

By Mr. Baron ALDERSON: I never called upon Mr. Bamford, but he dined with me at the Talbot Arms.

MARY KEELEY, examined by Mr. WELSBY: I am a widow, living at Rugeley. On the morning of Wednesday, the 21st of November last, I was sent for to lay out Cook’s body. My sister-in-law went with me. That was about one o’clock in the morning. The body was still warm, but the hands and arms were cold. The body was lying on the back. The arms were crossed upon the chest. The head lay a little turned on one side. The body was very stiff indeed. I have laid out many corpses. I never saw one so stiff before. We had difficulty in straightening the arms. We could not keep them straight down to the body. I passed a piece of tape under the back and tied it round the wrists, to fasten the arms down. The right foot turned, on one side, outwards. We were obliged to tie both the feet together. The eyes were open. We were a considerable time before we could close them, because the eyelids were very stiff. The hands were closed, and were very stiff. Palmer was upstairs with us. He lighted me while I took two rings off Cook’s fingers. That was off one hand. The fingers were very stiff, and I had difficulty in getting off the rings. I got them off, and when I had done so the hand closed again. I did not see anything of a betting-book, nor any small book like a pocketbook.

Cross-examined by Mr. GROVE: It is not usual to tie the hands of a corpse. I have never before used tape to tie the arms; I have used it to tie the ankles together, and also for the toes. I have never seen it used for the arms. It is usual to lay the arms by the sides. If the body gets stiff the arms remain as they were at the time of death. If the eyes are closed at the time of death there is no difficulty in keeping them closed. It is a common thing to put penny pieces upon them to keep them closed. That is to prevent the eyelid drawing back. The jaw is generally tied up shortly after death.

Re-examined by the ATTORNEY-GENERAL: I cannot say how many bodies I have laid out, but I have laid out a great many, of all ages. I never knew of the arms being tied before this instance. It is usual to lay the arms by the sides within a few minutes after death. I was called up at half-past twelve. It was half-past one when I went upstairs to the room where Cook lay. Sometimes the feet of corpses get twisted out; it is then that they are tied. That occurs within about half-an-hour after death. I have never known the eyelid so stiff as in this case. I have put penny pieces on the eyes. In those cases the lids were stiff, but not so stiff as in this instance.

JOHN THOMAS HARLAND, examined by Mr. BODKIN: I am a physician residing at Stafford. On the 26th of November last I went from Stafford to Rugeley, to be present at a _post-mortem_ examination. I arrived at Rugeley at ten o’clock in the morning. I called at the house of Mr. Bamford, surgeon. As I went there Palmer joined me in the street. He came from the back of his own house. I had frequently seen him and had spoken to him before. He said, “I am glad that you are come to make a _post-mortem_ examination. Some one might have been sent whom I did not know.” I said, “What is this case? I hear there is a suspicion of poisoning.” He said, “Oh, no; I think not. He had an epileptic fit on Monday and Tuesday last, and you will find old disease in the heart and in the head.” We then went together to Mr. Bamford’s. I had brought no instruments with me, having only been requested to be present at the examination. Palmer said that he had instruments, and offered to fetch them and lend them to me. He (Palmer) said there was a very queer old man who seemed to suspect him of something, but he did not know what he meant or what he wanted. He also said, “He seems to suspect that I have got the betting-book. Cook had no betting-book that would be of use to anyone.” Mr. Bamford and I then went to the house of Mr. Frere, who is a surgeon at Rugeley. Palmer did not go with us. Thence we went to the Talbot Arms, where the _post-mortem_ examination was proceeded with. Mr. Devonshire operated, and Mr. Newton assisted him. There were in the room, besides, Mr. Bamford, Palmer, myself, and several other persons. I stood near Mr. Devonshire. The body was very stiff.

By LORD CAMPBELL: It was much stiffer than bodies usually are five or six days after death.

Examination resumed: The muscles were very highly developed. By that I mean that they were strongly contracted and thrown out. I examined the hands. They were stiff, and were firmly closed. The abdominal viscera were first examined.

At the suggestion of LORD CAMPBELL, the witness read a report which he prepared on the day on which this _post-mortem_ examination took place, November 26th, 1855, and transmitted to Mr. Stevens, the step-father of the deceased. This report described the state of the various internal organs as being perfectly healthy and natural. The material statements were all repeated in the subsequent examination of the witness. After reading the report,

The witness continued: The abdominal viscera were in a perfectly healthy state. They were taken out of the body. We examined the liver. It was healthy. The lungs were healthy, but contained a good deal of blood. Not more than would be accounted for by gravitation after death. We examined the head. The brain was quite healthy. There was no extravasation of blood, and no serum. There was nothing which, in my judgment, could cause pressure. The heart was contracted, and contained no blood. That was the result not of disease, but of spasmodic action. At the larger end of the stomach there were numerous small yellowish-white spots, about the size of mustard seeds. They would not at all account for death. I doubt whether they would have any effect upon the health. I think they were mucous follicles. The kidneys were full of blood, which had gravitated there. They had no appearance of disease. The blood was in a fluid state. That is not usual. It is found so in some cases of sudden death, which are of rare occurrence. The lower part of the spinal cord was not very closely examined. We examined the upper part of that cord. It presented a perfectly natural appearance. On a subsequent day, I think the 25th of January, it was thought right to exhume the body, that the spinal cord might be more carefully examined. I was present at that examination. The lower part of the spinal cord was then minutely examined. A report was made of that examination.

This report was put in, and was read by the witness. It described minutely the appearance and condition of the spinal cord and its envelopes, and concluded with this statement:--“There is nothing in the condition of the spinal cord or its envelopes to account for death; nothing but the most normal and healthy state, allowance being made for the lapse of time since the death of the deceased.”

Examination resumed: I am still of opinion that there was nothing in the appearance of the spine to account for the death of the deceased, and nothing of an unusual kind which might not be referred to changes after death. When the stomach and the intestines were removed from the body on the occasion of the first examination they were separately emptied into a jar, and were afterwards placed in it. Mr. Devonshire and Mr. Newton removed them from the body. They were the only two who operated. At that time the prisoner was standing on the right of Mr. Newton. While Mr. Devonshire was opening the stomach a push was given by Palmer which sent Mr. Newton against Mr. Devonshire, and shook some of the contents of the stomach into the body. I thought a joke was passing among them, and said, “Don’t do that.”

By Lord CAMPBELL.--Might not Palmer have been impelled by some one outside him?--There was no one who could have impelled him.

What did you observe Palmer do?--I saw Mr. Newton and Mr. Devonshire pushed together, and Palmer was over them. He was smiling at the time.