The Press. — London, England, 1856-05-31 00:00:00

5 14 of which are characteristic only of death by that poison— str)chnine—and no other. You have then the fact that to the utmost of his ability the prisoner realises the purpose fir which it suggested to you that the death was aCCOM • piished. Whether these facts, coupled with the undoubted and undisputed fact that a subsidiary poison—antiinony— was used, of which traces were found, although none were found of the principal poison, justify you in returning a verdict of " guilty " against the prisoner, it is for you to determine ; and you must take all these circumstances into your consideration. If on a review of this whole case, comparing the evidence on one side and on the other, and weighing it in the even scales of justice.you can come to tee conclusion of innocence, or can even entertain that f iir and reasonable amount of doubt of which the accused 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 conclu- sion of his guilt, then—but then only—l ask for a verdict of " guilty " at your hands. For the protection of the g .od, fur the repression of the wicked, I ask for that verdict by which alone—as it seems to me—the safety of ao2iety can be secured, and the demands, the iroper.ous demands, of public justice can be sat.stied. The learned Attorney• General concluded his ad• dress shortly before half•pa'.t six o'clock. The Loan CHIEF JU'iTICE then informed the jury that he feared he must for another Sunday sequester them from their family and friends ; and the court then adjourned. MONDAY. On Monday morning the Lord Chief Justice CAMPBELL commenced summing up. The learned judge first pointed out to the jury that in such cases as the one now before them circumstantial evidence was all that the prosecution could be expected to produce, and if there were a series of circumstances leading to the conclusion of guilt, a verdict of guilty might then be safely pronounced. Whether or not any motive existed on the part of the prisoner was a most important. point to be considered, as the com mission of the offence was improbable if no motive existed. Then the next question was whether Cook's symptoms were to be attributed to strychnine or natural causes, and the conclusion the jury would come to on this point must be only by a combination of the medical and moral evidence adduced. The medical evidence would show whether Cook died from strychnia or natural causes, and the moral evi dence whether Palmer had, and took advantage of, the opportunity of poisoning him. The learned judge then proceeded to review the evidence. First, as to the motive of Palmer to kill Cook. Briefly touching upon the nature of the prisoner's dealings with Pratt and Padwick, the learned judge read over the entire evidence of Mr. Pratt and Mr. Espin, and remarked that strong proof existed of the embarrass ments surrounding Palmer at the time of Cook's death, and of the necessity of his obtaining a large sum of money to meet his creditors; that Palmer's account in the Rugeley Bank on the 19th November was only 91. 65., but that on the night of Ceok's death he was possessed of and paid away two 501. notes. With respect to the cheque refused payment by Messrs. Weatherby, and the document explaining that some 1,0001. of bills bad been negotiated by Palmer for Cook's sole benefit, both purporting to be signed by Cook, they had not been pro duced by the defence. The cheque upon Messrs. Weatherby was important, because if the signa ture were a forgery, it would clearly prove that Palmer was dealing with Cook's money and appro. priating it to his own use. The history of Cook's illness then deserved serious consideration. The evidence of Mrs. Brooks and Mills was important. That of Mills was corroborated by that of Lavinia Barnes, and the jury would have to decide whether any material discrepancy existed between her state• ment made before the coroner and before the court. Then with regard to Palmer sending for Jones, the learned judge pointed out the advanced stage of Cook's illness at which Jones was sent for; and the unsup• ported statement of Palmer that Cook had been buffering from diarrhma and a bilious attack was to be considered. The purchase of strychnia was a most important point. In the evidence of Newton, denied by the counsel for the defence, there was no contradiction, and for the probability of his invent. ing a lie to send the prisoner to the scaffold, he (the learned judge) could see no motive. The evidence of Roberts of the purchase of six grains on Tuesday was left unanswered by the defence, and after the most anxious consideration he (the learned judge) could suggest no possible solution for the purchase. There NB3 no evidence of what became of it ; and if the jury decided that Cook's symptoms were those of p iisoning by strychnine, the inference was clear that Palmer purchased the poison to administer to Cook. The learned judge then reviewed rapidly the conduct Palmer subsequent to Cook's death, calling atten ton to his behaviour at the post-monem examina tion, and his offer of 10/, to the post boy to upset the jar, and pointing out that in cases of circumstantial evidence the conduct of the person charged must be considered as whether consistent with innocence or compatitile with giii.t. With respect to the medical evidence, the learned judge remarked upon the simi larity of sympt oms s h own i n the cases of Mrs. Smith and Mrs. Dove, two persons undoubtedly THE PRESS. poisoned by strychnia, with those evinced by Cook, and concluded by reviewing the evidence given by Dr. Taylor and Dr. Rees, and inclining to their opinion that strychnia might be so administered in small doses as to escape detection by analysis after death. The learned judge then dwelt particularly upon the evidence given by Sir Benjamin Brodie and the other medical witnesses tor the prosecution, pointing out the reliance to be placed upon the opi nions of men so eminent in their profession ; and, at haif-past eight o'clock, adjourned the court. TUESDAY. The summing-up was resumed by the LORD CHIEF JUSTICE, who, alluding to the evidence for the prose cution, said it certainly presented a serious case against the prisoner, and in a few words the learned jutlgo, in a tune which clearly showed the bias of the bench, put before the jury some leading points in the case It appears that in the middle of November last he was involved in pecuniary difficulties of the most formidable nature. He had engagements to perform that he was un able to meet without the most extraordinary exertions. He had heavy payments to make which he was unable to discharge. There were actions brought against him and his TnOtUr on forged bills. He had no friend to whose assisteCice he could resort. He had no credit in any Muarter on which money could he raised. It so ht.ppened at that time that the deceased Cook, being the winner of a race at Shrewsbury on the 13th of November, became the master of at least 1,0001., and there is evidence from which an inference may be drawn that the prisoner formed the design of appropriating that money to his own use, and that lie was prepared to do anything to accomplish that object. It seems that he got possession of that money, and appropriated it to the payment of debts for which he alone was liable. There is also evidence that he drew a cheque in the name of Cook for 3501. on Messrs. Wetherby, the racing agents, which was a forgery, and if that cheque had been honoured there is no doubt that he would have ob• tained possession of the stakes which Cook had won. There is further evidence that the prisoner employed Mr. Herring on the Monday to collect at Tattersall's the money won by Cook, and that he appropriated the amount to his own use. What effect would have been produced by the survival of Cook under such circumstances it is for yott to decide. It also appears that after Cook's death he attempted to obtain possession of Polestar, a horse which belonged to Cook, and which had just won the race at Shrewsbury. You have then the evidence that he fabricated a document which had for its object to declare that certain bills of ex change, with which it appears Cook had no concern, had been negotiated solely for the advantage of Cook, and that the prisoner derived no benefit whatever from them. Gentlemen, that document was hi-night forward after Cook's death, and if Cook had survived that fraud must have been exposed. Then, yentlemen, with respect to the joint liabilities of Cook and Palmer, it has been represented on behalf of the latter that if those liabilities had been thrown wholly upon him he would have been a severe loser. That was rather a distant object by Cook's death ; but on the other hand, it should be remembered that if Palmer got possession of Coik's property by the means to which he had resorted, he would not have been a sufferer by his death. The Lord Chief Justice then, prefacing his exami nation of the medical evidence for the defence by remilding the jury that there was no point of law according to which poison must be found in the body of a deceased person to insure the conviction of an accused, proceeded to review the different statements made by the medical witnesses in the prisoner's favour. His lordship, after reading the evi dence of each witness, with unmistakeable emphasis left it to the jury "to infer," or "to consider," or to say " what weight they would attach " to the evidence offered. The point the jury had to consider was, whether the evidence offered proved Cook's symp• toms to be inconsistent with strychnia. If the symptoms were consistent with death from that poison, then that circumstance must be taken into considera tion with the other evidence adduced,—the evidence for the defence in connection with the facts of the case, the time of the arrival of Palmer at Rugeley on the Monia.v night, the state of Cook's health as testified to by the witness Sergeant, and the material evidence of Mr. Jeremiah Smith. Lord Campbell left it entirely with the jury to say whether this evidence induced them to discredit that offered by the Crown. In his opinion, observed the learned judge, the case remained unchanged with respect to motives : Then came that most important question, whether the symptoms of the deceased were consistent with death by poison, or whether that poison was strychnia. They were to say whether their opinion upon that subject was altered by the evidence given on the part of the prisoner. The conduct of the prisoner remained without any answer whatever with regard to what took place about the prisoner's anxiety to have the body speedily fastened up, or with respect to the missing betting-book, or with respect to his tampering wish the post•boy and the coroner, and there was no explanation given of what be. came of the strychnine purchased on the Tuesday morn ing. The case was now before them. It was necessary, on the part of the prosecution, that conviction should be brought to their minds. They were not to convict the prisoner upon suspicion, or strong suspicion. There must be strong conviction upon their minds that he was guilty. In this case, if there was any reasonable doubt, they would give the prisoner the benefit of that doubt. On the other and, they were not to be deterred from doing their dnt SATURDAY, by any considerations that had been s uggested t them ; they were to remember their oath, and to act accordin g to the best of their judgment. Th ere f ore; h e dismissed them and might God direct and guid e th em i n coming to a jus t decision. ➢lr. Sergeant SHEE submitted that the question as to whether Cook's symptoms were the symptoms of strychnia was not one that ought to have been put to the jury, unless his lordship added, " or symp toms that might have been produced by any other cause." The LORD CHIEF JUSTICE said be had put it to the jury not as the question, but as a question. He told the jury that, unless they considered the symp_ toms were consistent with death by strychnia, it would be their duty to acquit the prisoner. Mr. Sergeant SREE spin urged that his lordship ought not to have put the question in that form to the jury—namely, as to whether the symptoms of Cnok were consistent with death by strychnia, un less he added that it was inconsistent with death by other and natural causes. The LORD CHIEF JUSTICE said he did not do that. He left it as a most material question for the jury, and he desired them to conhider it attentively, and if they thought that Cook died of natural disease, and not by strychnia, then they should acquit him ; but he went on to say that the jury should consider whether strychnia was administered to Cook by the prisoner at the bar 01 not. These were the questions he had put to the jury ; bnt if they believed that strychnia had been administered to Cook by the prisoner at the bar, it was their duty to God and man to find a verdict of guilty. Mr. Sergeant SHEE urged that the question ought not to have been put, in his opinion, but if overruled he must submit. The jury then retired to consider their verdict at eighteen minutes past two; the judges also retiring; and the prisoner, who wore upon his features an ex pressi?n of despair, was then, according to such cases, taken down below. The crowds in the court broke up into roisy con versational groups, as to the nature of the coming verdict, and the news that the jury were deliberating travelled fast and far, causing intense excitement outside the court, where an immense mass of people speedily assembled. During the absence of the jury, there wag one little incident, full of significant import, which awakened marked attention, viz., the entrance into court of the Rev. J. Davis, chaplain of Newgate, who took his seat upon the bench near the seats of the judges, in full canonicals, ready to pronounce the final " Amen " when, if the jury convicted the pri soner, sentence of death should be pronounced. The jury re-entered the court at thirty five minutes past three, having been absent one hour and seven teen minutes. The judges then resumed their seats, and the pri soner, looking calm and quiet, was replaced at the bar. Mr. &night, the deputy clerk of arraigns, then inquired of the jury whether they had agreed upon their verdict ? The Foreman : We have. Mr. Streight: Do you Lind the prisoner guilty or not guilty of the felony and murder whereof he stands accused? The Foreman : We say that he is Guilty. Mr. Harker, the principal usher, then made the usual proclamation for silence. The three judges at once put on their black caps, and the Lord Chief Justice proceeded to pass sentence upon the prisoner : William Palmer, after a long and impartial trial, you have bt en convicted by a jury of your country of the crime of wilful murder. In that verdict my two learned brothers, who have so anxiously attended to every circumstance that has been adduced in evidence, and myself, entirely concur, and consider the conviction altogether satisfactory. Your case is attended with such circumstances of aggravation, that Ido not dare to touch upon them. Whether the pre sent is the first known offence that you have committed is known only to God and to your own conscience. It is seldom that such a familiarity with the means of death can be known without a long experience ; and for the 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 repenting of your crimes, seek to obtain pardon 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 power to the court to direct that the sentence shall he executed either within the district of the Central Criminal Court or in the county where the offence. WAR committed ; and in your case it is our opinion that, for the sake of example, the sentence shall be carried into effect in the county of Stafford. I hope that your terrible example will have the effect of deterring others from the commission of such atrocious crimes, and that it will be seen that whatever art or cunning may be exer• cised to accomplish such a crime, detection is almost sure to follow, and that however destructive poison may be in its effects, yet that Providence, acting for the safety of human life, has given its creatures the means of detecting the perpetrators of such crimes as these. Again I entreat you to prepare for the awful change that awaits you. will not harrow up your feelings by dwelling upon the par ticulars of this most foul murder, but will at once proceed to pass upon you the sentence of the law, which is, that you