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

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 symptoms shown in 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 suggested t them ;
they were to remember their oath, and to act according to
the best of their judgment. Therefore; he dismissed them
and might God direct and guide them in coming
to a just
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