Part 35

The next witness is Dr. Robinson. Now, gentlemen, you have this respectable physician, who gives an account from which you are called to infer that Cook’s case was a case of epilepsy. He says he should only take it to be epilepsy in the absence of evidence of strychnia being administered. He says that all the symptoms described by Jones on the Tuesday night are consistent with strychnia; and, with regard to epilepsy, he says in no case where epilepsy had existed would it cause death without a loss of consciousness. Cook, you will remember, remained conscious to the last, and you will say whether, upon the evidence that is laid before you, there was or was not a bending of the body, which is characteristic of tetanus, and what the witnesses have described as being inconsistent with epilepsy.

[Sidenote: Lord Campbell]

The next witness is Dr. Richardson, who now brings in for the first time angina pectoris as a disease of which it may be presumed Cook died. Now, gentlemen, you have to attend to this case; the witness, who seems most highly respectable, says this case being detailed by him, the symptoms were consistent with strychnia, and that, if he had known as much of strychnia then as he does now, he would have made an analysis to see whether strychnia was in the body. The great question that I propounded for your consideration was whether Cook’s symptoms were consistent with strychnia, and, if they were not, then the conclusion would be in favour of the prisoner; but if they were consistent with strychnia, then you are not upon that alone to find a verdict of guilty against him; but you are to consider the other evidence and see whether the death arose from strychnia or not. Dr. Wrightson is recalled, and he says that, in his opinion, when strychnia is entirely absorbed in the system it is diffused equally throughout the entire system. Dr. Wrightson is a philosopher, and, as a man of science, he speaks with caution, and you have heard his evidence. He says that if the minimum dose were taken to destroy life, and then a long interval elapsed between the taking of the poison and death, the more complete would be the absorption, and the less chance there would be of finding it in the stomach.

Mr. SERJEANT SHEE--I think he said he would expect to find it in the spleen, the liver, and the blood.

LORD CAMPBELL--Yes; “I should look for it elsewhere, in the spleen, the liver, and the blood.”

Then comes Mr. Oliver Pemberton. The evidence of this witness only goes to show that, in his opinion, an examination of the body at that time was not of much value, and did not afford the means of coming to a satisfactory opinion, differing in opinion, therefore, from others that had been called.

His lordship then dealt with the witnesses as to facts, and pointed out that, according to the trains, Palmer could not have arrived in Rugeley on the Monday night before ten o’clock.

Now, gentlemen, comes a very material witness, who, if he were to be believed, would be very important, particularly upon one part of the case. I mean Jeremiah Smith--and you, having heard the whole of his evidence, the examination and cross-examination, are to say what faith or reliance you can place upon his testimony. Now, gentlemen, this would show, if true, that the genuine and very identical pills that Bamford had made, and in the state in which he had prepared them, were taken by Cook before Palmer arrived from London at Rugeley, or, at any rate, before he came to the Talbot Arms. It is for you to say whether you can place reliance upon such testimony. You saw how he conducted himself in the witness-box, and how he at last denied that the signature to the instrument which he purported to have attested, and which he received from the prisoner at the bar, was in his handwriting. He said it was like it, but it was not his handwriting. Then it appears that he did receive £5, and you are to say whether it was not clearly for attesting that very assignment. The counterfoil of the cheque for £5, from William Palmer the prisoner, is shown him; and with that piece of paper he goes to the bank and receives the £5. Can you believe a man who so disgraces himself in the witness-box? It is for you to say what faith you can place in a witness who, by his own admission, engaged in such fraudulent proceedings. We are now upon veracity, and you are to say whether you can believe a witness who at last acknowledges that he had been applied to and had been engaged in procuring an insurance on the life of Walter Palmer, who had been a bankrupt six years before, and who had no means of living except by the allowance of his friends and an allowance made to him by the prisoner at the bar.

[Sidenote: Lord Campbell]

Again, he acknowledges that he was engaged in the proposal to insure the life of Bates for £10,000. Bates being at that time superintending the stables of the prisoner at the bar, living in lodgings at 6s. 6d. a week, apparently having no property, and nothing depending upon his life, his life was to be insured for £10,000. Smith gets himself appointed agent to an insurance office, and, with a knowledge of these facts, he proposes the insurance to be accepted by the office which he represents; and can you believe such a witness who acknowledges himself to have been engaged in such fraudulent proceedings, and who, now being examined upon his oath, denies the handwriting of his own attestation to that document? Gentlemen, of his credit you are to judge. His evidence would be material as to what took place on the Monday night, because it would show that the pills that Cook took that night were taken as they had been prepared by Bamford, and before the prisoner at the bar had had any opportunity to substitute others for them in the pill box. Such is the case with regard to what took place on the Tuesday. If it stood there, and if it were believed, it would be evidence in favour of the prisoner at the bar; and you are to say whether you believe it, or, if you disbelieve it, what effect it has upon the other testimony that has been brought forward.

Gentlemen, the case is now in your hands; and, unless upon the part of the prosecution a clear conviction has been brought to your minds of the guilt of the prisoner, it is your duty to acquit him. You are not to proceed even upon a strong suspicion; there must be the strongest conviction in your minds that he was guilty of this offence; and if there be any reasonable doubt remaining in your mind, you will give him the benefit of that doubt; but if you come to a clear conviction that he was guilty, you will not be deterred from doing your duty by any considerations such as have been suggested to you. You will remember the oath that you have taken, and you will act accordingly. Gentlemen, I have performed my task; you have now to discharge yours, and may God direct you to a right finding.

Mr. SERJEANT SHEE--Your lordship stated to the jury that _the_ question for them to consider was whether the evidence that has been brought forward is consistent with the death of Cook by strychnia. I submit to your lordship that that is not the question which ought to be submitted to the jury.

LORD CAMPBELL--Serjeant Shee, that is not _the_ question that I have submitted to the jury; it is _a_ question. I told them that unless they considered that the symptoms were consistent with death by strychnia they ought to acquit the prisoner.

[Sidenote: Lord Campbell]

Mr. SERJEANT SHEE--It is my duty, my lord, not to be deterred by any expression of displeasure at my stating it; I am accountable not only to your lordships, but I am accountable to a much higher tribunal; and I am bound to submit to you what occurs to me to be the proper question to be put to the jury in this case--it is your lordship’s duty to overrule it if you think proper. I submit to your lordships that the question, whether the symptoms of Cook’s disease were consistent with death by strychnia is a wrong question, unless it is followed by this, “and inconsistent with death by other and natural causes”--and that the question should be, whether the medical evidence establishes beyond all reasonable doubt the death of Cook by strychnia--it is my duty to submit that to your lordship.

LORD CAMPBELL--Gentlemen of the jury, I did not submit to you that the question upon which your verdict alone was to turn was whether the symptoms of Cook were consistent with death by strychnia, but I said that that was a most material question for you; and I desired you to consider that question with a view to guide your judgment as to whether he died from natural disease, or whether he did not die by poison, by strychnia administered by the prisoner. Then I went on to say that if you were of opinion that the symptoms were consistent with death from strychnia, you should go on to consider the other evidence given in the case, whether strychnia had been administered to him; and whether strychnia had been administered to him by the prisoner at the bar; and those are the questions that I again put to you. If you come to the conclusion that those symptoms were consistent with the strychnia, do you believe from the evidence that it was strychnia, and do you believe that that strychnia was administered by the prisoner at the bar? Do not find a verdict of guilty unless you believe that the strychnia was administered to the deceased by the prisoner at the bar. But if you believe that, it is your duty to God and man to find a verdict of guilty.

* * * * *

The jury retired, and, after an absence of an hour and eighteen minutes, returned a verdict of guilty.

The prisoner was asked what he had to say why the Court should not pass sentence of death upon him according to law, and he made no answer.

* * * * *

[Sidenote: Lord Campbell]

LORD CAMPBELL then said--William Palmer, after a long and impartial trial you have been convicted by a jury of your country of the crime of wilful murder. In that verdict my two learned brothers, who have so anxiously watched this trial, and myself entirely concur, and consider that verdict altogether satisfactory. The case is attended with such circumstances of aggravation that I do not dare to touch upon them. Whether it is the first and only offence of this sort which you have committed is certainly known only to God and your own conscience. It is seldom that such a familiarity with the means of death should be shown without long experience; but for this offence of which you have been found guilty your life is forfeited. You must prepare to die; and I trust that, as you can expect no mercy in this world, you will, by repentance of your crimes, seek to obtain mercy from Almighty God. The Act of Parliament under which you have been tried, and under which you have been brought to the bar of this Court at your own request, gives leave to the Court to direct that the sentence under such circumstances shall be executed either within the jurisdiction of the Central Criminal Court or in the county where the offence was committed. We think that, for the sake of example, the sentence ought to be executed in the county of Stafford. Now, I hope that this terrible example will deter others from committing such atrocious crimes, and that it will be seen that whatever art, or caution, or experience may accomplish, such an offence will be detected and punished. However destructive poisons may be, it is so ordained by Providence that there are means for the safety of His creatures for detecting and punishing those who administer them. I again implore you to repent and prepare for the awful change which awaits you. I will not seek to harrow up your feelings by any enumeration of the circumstances of this foul murder. I will content myself now with passing upon you the sentence of the law, which is, that you be taken hence to the gaol of Newgate, and thence removed to the gaol of the county of Stafford, the county in which the offence of which you are justly convicted was committed; and that you be taken thence to a place of execution, and be there hanged by the neck until you be dead; and that your body be afterwards buried within the precincts of the prison in which you shall be last confined after your conviction; and may the Lord have mercy upon your soul. Amen!

* * * * *

The prisoner was executed at eight o’clock on Saturday morning, 14th June, 1856, in front of Stafford gaol. He reiterated that he was “innocent of poisoning Cook by strychnia.”

APPENDICES.

APPENDIX I.

LETTER FROM THOMAS PALMER, BROTHER OF WILLIAM PALMER, TO THE LORD CHIEF-JUSTICE CAMPBELL.

The following extract from the Diary of Lord Chief-Justice Campbell will serve as introduction to the following letter:--

June 28.

Since my last notice in this journal the great event has been the trial of William Palmer at the Central Criminal Court for poisoning, which began on Wednesday, May 14th, and did not finish till Tuesday, May 27th--the most memorable judicial proceedings for the last fifty years, engaging the attention not only of this country but of all Europe.

My labour and anxiety were fearful; but I have been rewarded by public approbation. The Court sat eight hours a day. When I got home, renouncing all other engagements, I employed myself till midnight in revising my notes and considering the evidence. Luckily I had a Sunday to prepare for my summing up, and to this I devoted fourteen continuous hours. The following day, after reading in Court ten hours, I had only got through the proofs for the prosecution. My anxiety was over on the last day, when the verdict of _guilty_ was pronounced and I had sentenced the prisoner to die, for I had no doubt of his guilt, and I was conscious that by God’s assistance I had done my duty. Such was the expressed opinion of the public and of all the respectable part of the Press. But a most ruffian-like attempt was made by the friends of the prisoner to abuse me, and to obtain a pardon or reprieve on the ground that the prisoner had not had a fair trial. Having unbounded funds at their command, they corrupted some disreputable journals to admit these diatribes against me. They published a most libellous pamphlet under the title of “A Letter from the Rev. T. Palmer,” the prisoner’s brother, to Lord Chief-Justice Campbell, in which the Chief-Justice was represented to be worse than his predecessor Jeffreys, and it was asserted that there had been nothing in England like the last trial since the “Bloody Assize.” However, the Home Secretary remained firm and the law took its course.

The Rev. T. Palmer has since disclaimed the pamphlet, and it is said to have been written by a blackguard barrister. I bear him no enmity. He has done me no harm; but for the sake of example he ought to be disbarred.

* * * * *

A LETTER TO THE LORD CHIEF-JUSTICE CAMPBELL.

After a struggle with internal emotions too dreadful to be described, amid the tears and lamentations of my family, the bereavement of a household knit together in bonds of strongest love and amity, and the smothered, not wholly-concealed indignation of relatives and friends, I address your lordship, not only as the man who has sealed my brother’s fate and borne him to the foot of the scaffold, but as the judge who will have to render an account to your fellow-men, to posterity, and to God of your dealing towards a human being whose fate was, to a certain extent, placed in your hands, and on whose destiny you operated in a manner hitherto unknown, at least in our days. The law, with bitter irony, propounds it is an axiom dear to Englishmen that a magistrate invested with powers like your lordship is “counsel for the prisoner”; but every man who witnesses the late mockery at the Old Bailey, in which you played so prominent a part, confesses--to his own heart, at least, whatever he may own in public--that a more infamous delusion has never been solemnly enacted before a British audience since those days of shame when Jeffreys went forth upon the “bloody assize,” and, in the name of Justice and the Law, consigned the young, the innocent, the helpless, and the stricken with years to the dungeon and the gallows, professing all the while to be actuated by a sense of duty to the Crown and to the people.

These may appear strong words, and this a heavy accusation, but I will demonstrate it to all who read this letter. What though I may not hope to move your lordship to justice, yet I may, at least, awaken within you a sense of that awful day which approaches you as certainly as it looms on my brother, and which, at your advanced age, cannot be far removed. I may awaken within you a feeling of compunction, or, at all events, of solemn reflection; for you, also, will have to stand before a Judge enthroned in majesty and power; before whom you will be, indeed, as nought; and when upon your brow appears the awful record of your administration of justice to the man whom you have condemned, in that hour also shall you remember this word from the brother of his affections. May it avail you before that terrific moment! May it serve to save yourself from yourself, and to warn you in time that it is the duty of a British judge to hear, not to condemn; to adjudicate, not to execute; to administer the law as the representative of the country, not to pervert it to his own purposes with the anxiety of a hangman.