Part 33

The ATTORNEY-GENERAL--I can only say I think it would have been better if my learned friend had abstained from so strange a declaration. What would he think of me if, imitating his example, I at this moment stated to you, upon my “honour,” as he did, what is my internal conviction from a conscientious consideration of this case. The best reproof which I can administer to my learned friend is to abstain from imitating so dangerous an example. My learned friend in that address, of which we all admired the power and ability, also adopted a course sometimes resorted to by advocates, but which I cannot help thinking is more or less an insult to a jury, the endeavouring to intimidate them by the fear of their own consciences and the fear of the country’s opinion from discharging firmly and honestly the great and solemn duty which you have to perform upon this occasion. My learned friend told you if your verdict should be “Guilty,” one day or other the innocence of the prisoner would be made manifest, and you would never cease to repent the verdict you had given. If my learned friend was sincere in that--and I know he was--there is no man in whom the spirit of truth and honour is more keenly alive--he said what he believed; but all I can say in answer is, that it shows how when a man enters with a bias upon his mind upon the consideration of a subject he is led into error; and when my learned friend said that he had entered upon this case with an unbiassed and an unprejudiced mind, who could have failed to feel that never in anything could he have been more deceived than in thinking that? For who that has to give his best energies to a defence upon such a charge as this would not shrink in his own mind from the conclusion that he was to advocate the cause of one whom he believed to have been guilty of the foulest of all imaginable crimes? I say, therefore, I think my learned friend had better have abstained from making any observations which involved the assurance of his own conviction. I say, further, I think he ought, in justice and in consideration for you, to have abstained from reminding you or telling you that the voice of the country would not sanction the verdict which you were about to give. I say nothing of the inconsistency which is involved in such a statement, coming from one who but a short hour before had complained in eloquent terms of the universal torrent of passion and prejudice by which he said his client was oppressed and borne down. Why, gentlemen, in answer to my learned friend, I have only to say, pay no regard to the voice of the country, whether it be for condemnation or acquittal; pay no regard to anything but the internal voice of your own consciences, and the sense of that duty to God and man which you are to discharge upon this occasion. Seek no reward, except the comforting assurance when you shall look back to the events of this day, that you have discharged to the best of your ability and to the uttermost of your power the duty that it was yours to perform. If, upon a review of this whole case, comparing the evidence upon the one side and upon the other, and weighing it in the even scales of justice, you can come to a conclusion of the prisoner’s innocence, or even entertain that fair and reasonable amount of doubt of which the accused is entitled to the benefit, in God’s name acquit him. But if, on the other hand, all the facts and all the evidence lead your minds, with satisfaction to yourselves, to the conclusion of the prisoner’s guilt, then, but then only, I ask for a verdict of guilty at your hands. For the protection of the good, and for the repression of the wicked, I ask for that verdict, by which alone, as it seems to me, the safety of society can be secured, and the demands, the imperious demands, of public justice can alone be satisfied.

The Court then adjourned.

Eleventh Day, Monday, 26th May, 1856.

The Court met at ten o’clock.

Charge to the Jury.

[Sidenote: Lord Campbell]

LORD CAMPBELL--Gentlemen of the jury, we have at length arrived at that stage of these solemn proceedings when it becomes my duty, as the chief judge presiding in this Court, to explain to you the nature of the charge brought against the prisoner, and those questions and considerations upon which your verdict ought to be found. And, gentlemen, I must begin by conjuring you to banish from your minds all that you have heard with reference to these proceedings before entering into that box. There is no doubt that a strong prejudice elsewhere did prevail against the prisoner at the bar, in the county of Stafford, where the offence for which he has now to answer is alleged to have been committed; that prejudice was so strong that the Court of Queen’s Bench made an order to remove the trial from that county. The prisoner, by his counsel, expressed a wish that the trial should take place in the Central Criminal Court. To enable that wish to be accomplished an Act has been passed by the Legislature authorising the Court of Queen’s Bench to direct the trial to take place in the Central Criminal Court, where it was believed and known that the trial would be fair and impartial. I must not only warn you, gentlemen, against being influenced by what you may have before heard, but I must likewise warn you--although I am sure it is an unnecessary caution, but one which it is my duty to offer--against being improperly influenced by the evidence that has been laid before you; because there has been evidence which certainly implicates the prisoner in transactions of a very discreditable nature. It appears that he had forged a great many bills of exchange, and that he had entered into transactions not of a reputable nature. These transactions, however, would have been excluded from your consideration altogether had it not been necessary to bring them forward to assist you in arriving at your verdict. By the law and practice of some countries it is allowed to raise a probability that the party accused has committed the offence which he has to answer, to show that he has committed other offences, with a view of showing that he is an immoral man, and not unlikely to commit other offences, whether of the same or of a different nature; but the law of England is different, and, presuming every man to be innocent until his guilt is established, it allows his guilt to be established only by evidence directly connected with the charge brought against him.

[Sidenote: Lord Campbell]

Gentlemen, it gives me great satisfaction to find that this case has been so fully laid before you. Everything has been done that could be accomplished for the purpose of assisting the jury in coming to a right conclusion. The prosecution has been taken up by the Government of the country, so that justice may be effectively administered. The Attorney-General, who is the first law officer of the Crown, has conducted the prosecution as the Minister of Public Justice. Again, I am much pleased to think that the prisoner appears to have had ample means to prepare for and conduct his defence. Witnesses very properly have been brought from all parts of the kingdom to assist in his defence; and he has had the advantage of having his case conducted by one of the most distinguished advocates at the English bar. Gentlemen, I most strongly recommend to you to attend to everything that fell so eloquently, so ably, and so impressively from that advocate, with the exception of his own private personal opinion. It is my duty to tell you that that ought to be no ingredient in your verdict. You are to try the prisoner upon the evidence before you, according as that evidence may be laid before you upon the one side and on the other, and by that alone, and not by any opinion of his advocate. I feel also bound to say that it would have been better if his advocate had abstained from some of the observations which he made in his address to you, in which he laid great stress upon his own conviction of the prisoner’s innocence of the crime imputed to him and of his apprehension that if you returned a verdict of guilty you one day would have to regret your verdict. The fact of the prisoner saying “Not guilty” is a mere form; it goes for nothing, and it may lead to the most disastrous consequences if that formal answer is to be dwelt upon with too much importance, as it may lead a jury to believe that a prisoner is not guilty because his advocate expresses his perfect conviction of his innocence. And, upon the other hand, if the advocate withholds an opinion, the jury may suppose that he is conscious of his client’s guilt, whereas it is the duty of the advocate to press his argument upon the jury, and not his opinion.

[Sidenote: Lord Campbell]

Gentlemen, I will now in a few words give you the allegations upon the one side and on the other. On the part of the prosecution it is alleged that the deceased, John Parsons Cook, was first tampered with by antimony, that he was then killed by strychnia, and that his symptoms were the symptoms of poison by strychnia. It is then alleged that the prisoner at the bar had a motive for making away with him; that he had an opportunity of administering the poison; that suspicion fell upon no one else; and that on two days, when the poison was supposed to have been administered, he actually purchased strychnia, the poison employed; and that, as they allege, his conduct before that transaction, before the deed, while it was going on, and afterwards, was that of a guilty, and not of an innocent, man. On the other side it is contended (and you are to say whether or not truly contended) that the prisoner at the bar was really the victim of prejudice; that he had no interest in the death of the deceased; and, on the contrary, that the death of the deceased was to his prejudice; further, that Cook did not die from poison by strychnia, but from natural disease; that his symptoms were those of natural disease, and not of poison by strychnia; and, further, it is contended that no part of the evidence which has been given shows anything which is at all consistent with the guilt of the prisoner. Gentlemen, it is for you to determine between the allegations on the one side and the other according to the evidence. A most anxious task is imposed upon you, knowing that the life of the prisoner is at stake; and, if you find him guilty, he must expiate his crime by an ignominious death. It is of the last importance that you should be convinced of his innocence or his guilt; and, if you are not convinced of his guilt, you will rescue him from the fate with which he is threatened. On the other hand, when you have heard the statements which were given in evidence--if you are satisfied of his guilt--it will be your duty to return a verdict of guilty; for if the poisoner were to escape with impunity, there would be no safety for mankind, and society would fall to pieces. Gentlemen, the burthen of proving the guilt rests on the prosecution; and unless that is fully sustained, and you are not convinced upon the evidence that he is guilty, then it will be your duty to acquit the prisoner; but in a case of this kind you cannot expect that witnesses should be called to state that they saw the deadly poison administered by the prisoner or mixed up by the prisoner openly before them. Circumstantial evidence as to that is all that can be reasonably expected; and if there are a series of circumstances leading to the conclusion of guilt, then, gentlemen, a verdict of guilty may satisfactorily be pronounced. With respect to the alleged motive, it is of great importance to see whether there was a motive for committing such a crime, or whether there was not, or whether there is an improbability of its having been committed so strong as not to be overpowered by positive evidence. But, gentlemen, if there be any motive which can be assigned, I am bound to tell you that the adequacy of that motive is of little importance. We know from the experience of criminal Courts that atrocious crimes of this sort have been committed from very slight motives, not merely from malice and revenge, but to gain a small pecuniary advantage and to drive off for a time pressing difficulties. It seems to me, gentlemen, you will have to consider well whether the symptoms of Cook’s death are consistent with a poisoning by strychnia. If they are not, if you believe that death arose from natural causes, the prisoner is at once entitled to a verdict of not guilty at your hands; but if those symptoms are consistent with a poisoning by strychnia, then you will have another and an important question to consider, whether the evidence which has been adduced is sufficient to convince you that it was a death by strychnia, and by strychnia which the prisoner administered. In cases of the sort the evidence has often been divided into medical and moral evidence, the medical being that of the scientific men, and the moral the circumstantial facts which are calculated to prove the truth of the charge against the party accused. Gentlemen, they cannot be finally separated in the minds of the jury, because it is by combination of the two species of evidence that their verdict ought to be found. In this case you will look at the medical evidence to see whether the deceased, in your opinion, did die by strychnia or by natural disease; and you will look at what is called the moral evidence, and consider whether that shows that the prisoner not only had the opportunity, but that he actually availed himself of that opportunity, to administer to the deceased the deadly poison of which he died.

Now, gentlemen, with these preliminary observations I will proceed to read over to you the evidence which has been given in this long trial; and I must implore you earnestly that, in any observations I may make upon its effect, you will be guided only by your own judgment. To assist you from time to time I may make observations, but you will not be in the slightest degree influenced by them unless so far as your own judgment concurs in them. The verdict must be yours, and in your hands the life of the prisoner must rest.

[His lordship then began with and took the jury through the story of Palmer’s financial transactions; next the evidence of Cook’s illness at Shrewsbury; and then that of Elizabeth Mills and Lavinia Barnes, and of Mr. Jones as to the illness at Rugeley; and passed to the evidence of Newton.]

[Sidenote: Lord Campbell]

Now, gentlemen, comes a witness of the greatest importance, Charles Newton. (His lordship read a portion of Mr. Newton’s evidence.) I may notice to you that Roberts swears, and is, I think, not contradicted, that he had sold strychnia, among other drugs, to Palmer; and you are called upon to observe the demeanour of Palmer at that time, and the way in which he tried to prevent Newton from observing that he had been obtaining this drug at the shop of Mr. Hawkins. (His lordship then read a further portion of the evidence of Mr. Newton.) Then the deposition of Newton was read, and it had better be read again. (The deposition of Mr. Newton, taken before the coroner, was then read, and his lordship concluded reading the evidence of the witness.) Now, gentlemen, this is the evidence of Newton, and most important it is for your consideration. It certainly must be recollected that he did not mention the furnishing of the strychnia to Palmer on Monday before the coroner, and that he did not mention it till the Tuesday morning, when he was coming up here. That certainly requires consideration at your hands; but then, gentlemen, you will observe that in his deposition, which has been read before you, although there is an omission, which is always to be borne in mind, there is no contradiction of anything that he has said. Well, then, you are to consider what is the probability of his inventing this wicked and most abominable lie. He had no ill-will towards the prisoner at the bar; he had nothing to gain by injuring him, much less by saying anything to affect his life. I see no motive that Mr. Newton could have for inventing a lie to take away the life of another person. No inducement could be held out to him from the Crown; he says himself that no inducement was held out to him, and that he at last disclosed it from a sense of justice. If you believe him, certainly the evidence is very strong against the prisoner at the bar. Now I will take you to the evidence of the next witness, whose evidence is closely connected with the witness Newton--who did furnish strychnia to the prisoner--I mean Joseph Roberts. (The learned judge read the examination-in-chief of Mr. Roberts.)

[Sidenote: Lord Campbell]

Now comes the cross-examination, which consists in this, and this only, “I did not make an entry of any of those things in our books; if articles are sold over the counter and paid for at the time, we do not enter them in our books.” Now, gentlemen, this is the evidence of Mr. Roberts, which is most important, for he is not cross-examined as to the veracity of his testimony, nor is it contradicted at all. It is not denied that on this Tuesday morning the prisoner at the bar got 6 grains of strychnia from Mr. Roberts. If you couple that with the evidence of Mr. Newton, believing that, then you will have positive evidence of strychnia being procured by the prisoner at the bar; that the symptoms of strychnia were exhibited in Mr. Cook, the deceased; and you have the evidence of Mr. Roberts, undenied and unquestioned, that on the Tuesday the 6 grains of strychnia were supplied. Now, gentlemen, if you believe both, a very serious case is adduced, supposing you should come to the conclusion that the symptoms of Mr. Cook were consistent with that poison. If you think the symptoms are accounted for by merely ordinary tetanus, of course the fact of strychnia being obtained by the prisoner at the bar is entitled to very little weight; but if you should come to the conclusion that the symptoms which Mr. Cook exhibited on the Monday night and Tuesday night are consistent with strychnia, then a fearful case is made out against him. Gentlemen, I have listened with the most anxious attention to know what explanation would be given respecting the strychnia that was purchased on the Tuesday morning. The learned counsel for the prisoner told us that we must believe nothing, that he would combat and disprove everything, and no doubt, according to his instructions, he very properly denied that Mr. Newton was to be believed; and, disbelieving Mr. Newton, you have no evidence of any strychnia being obtained on the Monday evening; but, disbelieving Mr. Newton and believing Mr. Roberts, you have evidence of 6 grains of strychnia having been obtained on the Tuesday morning, and no explanation is given of it. The learned counsel did not favour us with the theory which he had formed in his own mind respecting that strychnia, and how he considered it to be consistent with the view that he suggested. There is no evidence of the intention with which it was purchased; there is no evidence how it was applied, what became of it, or what was done with it.

Then I say, gentlemen, that it will not at all influence your verdict unless you come to the conclusion that the symptoms of Mr. Cook were consistent with a death by strychnia; but if you come to that conclusion I should shrink from my duty, and I should be unworthy to sit here, if I did not draw to your consideration the importance of the testimony and the inference it may afford of the death having been occasioned by strychnia, and that that was administered by the prisoner.

[The evidence as to the post-mortem was then read, and that of the postboy, of Cheshire, the postmaster, and several others, without comment of material importance. Passing to the scientific witnesses, his lordship said--“Now, gentlemen, you are called upon to form your opinion as to the opinion of scientific men respecting the appearance of the symptoms that Cook exhibited, and how far they can be accounted for by natural disease, and how far also, upon the evidence, they are consistent with strychnia. Whether they agree with traumatic or idiopathic tetanus, whatever it may be, or whether the symptoms correspond with a natural disease, and do not correspond with strychnia, is a matter that is of very great importance for you to consider.” Until his lordship reached Dr. Taylor the scientific evidence was read to the jury with no material comments.]

[Sidenote: Lord Campbell]