The Northern Daily Times.
Liverpool, Merseyside, England, 1856-05-22 00:00:00

THE NORTHERN TIMES.---LIVERPOOL, THURSDAY.

the able advocate by illness, who .7,'ees since was engaged to
defend him, and I have endeavoured by my humble ability to
and the circumstances to which 1 have already

supply the la

ad relative to the conduct of the government that the
prisoner should have a fair trial, is to the a cause of grew
encouragement. I cannot for a moment deny that I am
awed and almost overcome with the great importance and
magnitude of the case, but at the same time I am not dis•
encouraged, and I have this further cause for not being
altogether overcome by the duty I have to discharge in
defending the prisoner and in discussing the mass of evidence
that has been lsid before you, and which assumed a different
character to that loose enquiry at Rugeley before the coroner,
that after reading it I formed no opinion on it with regard
to the guilt or innocence of the prisoner, and my mind was
consequently free to form on the evidence now produced
what I trust will be declared to you to be a right judgment
of his case. I commence this defence, and I state it in all
sincerity, with an entire conviction of his innocence, and I
believe there never were truer words pronounced by any
man than those pronounced by him when he said " Not
guilty" to the indictment on which ho vas now being
tried ; and if I fail in establishing the prisoner's
innocence, I shall be under very grave mis-
givings that that failure is to be attributed more
to my inability to do justice to this case than to any weak-
ness of his case itself. And as a proof of my sincerity of
my c inviction of his innocence, I will state to you that it is
my intention to meet the case for the prosecution foot lay
foot, and at every stage grapple with every difficulty that
has been presented to you ao ably by the learned Attorney-
General, that you shall tee that I avoid no point because I
fear to approach it; and if you find that I deal fairly with
the beginning, I hope 1 may be sure—nay, I know I am
sure--of obtaining your approval. The propositions which
the Crown undertook to establish in this cast against the
prisoner, and which they have endeavoured to support
entirely by circumstantial evidence, might be shortly stated
to be this. They say that the prisoner, in the second week
in November, made up his mind that it was to his
interest to get rid of John Parsons Cook, and that he
deliberately perpetrated his death by the aid of poison—
first, by the slower poison of antimony, and afterwards that
he destroyed him by the more rapid and deadly poison of
strychnine. No jury, I feel satisfied, would venture to
convict a man of the Crime imputed to the prisoner by
the Crown, unless, in the first plate, it was made clear
that the person so committing the act had some motive for
the commission of the offence—some strong reasOns for
wishing to get rid of the persons ; and, secondly, unless it
were made clear that the symptoms of the deceased before
death, and the appearance presented by the body after
death, were inconsistent with the theory that death arose
from other and natural causes; and, thirdly, that it was
quite clear that the circumstantial evidence was such as to
be indisputable on the supposition laid down. Now, it is
under these three heads that I intend to discuss the evi-
dence that you have heard ; and it must be perfectly clear
to you that if I adhere to that order and method of treating
the vast amount of evidence that has been laid before you,
I must exhaust the whole argument and leave myself no
chance, without immediate detection, of avoiding any
difficulties in the case. Before, however, I proceed to
grapple with the case for the crown, allow me at once to say
what will be the whole scope of my address to you—viz., to
restore to its proper place in the discussion, the fact, which
has by no means been concealed from you by the learned
Attorney-General, in that address of his, by which he at once
d upon your judgments by drawing your attention
so much to the details of his case—the fact that strychnine
was not found in the body of John Parsons Cook. If the
deceased died of strychnine, he died within two hours of the
administration to him of a very large dose of it ; and it was
stated that he died within a quarter of an hour or twenty
minutes after the effects of the dose was said to become visi-
ble in the convulsions of which he died. Within six days
of his death a post mortem examination of the body took
place, and never were there circumstances so favourable,
unless the science of chemical analysing is altogether a fail-
ure in the detection of poisoning by strychnine, in which it
ought to have been so easily detected. Now, the fact is
beyond all question that it was not found, and whatever we
man think of Dr. A. Taylor's judgment and great ability,
there can be no doubt but that he is a skilful and practical
analytical chemist. We have not the least reason to sup-
pose—in fact,we know to the contrary, that he and Dr Rees,
who assisted him, did not do all that the science of chemical
analysis could enable them to do to detect strychnia, yet
they did not detect it, but that they did detect antimony.
From the information which they received from the rela-
tions of the deceased, and from his solicitor, their attention
was called to the suspicion that existed of the cause of
Cook's death being by poison, and yet in December, a few
weeks after death, they were unable to find any poison but
antimony. Having, however, attended the inquest, and
heard the evidence of Mr. Jones, the female Mills, and
others, and that of the witness Roberts, who spoke to the
purchase of strychnine by Palmer on the morning of the
deceased's death, Dr. Taylor came to the conclusion that
the pills that were administered to Cook on the Monday and
Tuesday contained strychnine, though he had previously
given his opinion in writing that the deceased must have
died from antimony, from traces of it having been found
in the body and no traces of strychnine. I am not about
to discuss that point of the case now, but I call your
attention to it. It will claim a proper place in the discus •
sion, and I mention it now that you might know at the
commencement of my address what the course is I
intend to pursue, and that you may not be under the im-
pression that I don't under the three heads to which I have
directed your attention refer to it, and that consequently I
intend to pass it over. I have, therefore, told you what the
case for the defence will be with reference to strychnine not
being found in the deceased's body, and the medical gentle-
men who have come to the conclusion that 'strychnine
might have been there, though they did not find any, have
arrived at these conclusions by experiments of a very partial
kind, indeed ; and they contend that the poison of strych-
nine is of that nature that when once it has done its fatal
work, and becomes absorbed in the system, it ceases to be
the thing which it was when it was taken into the
system, because it became decomposed, and its elements
separated from each other, and therefore it was no
longer capable of responding to the tests which, according
to them, would certainly detect the presence of undecom-
posed strychnine. They can't, however, vary the fact that
it was not found in the body, but they still retain the belief
that Cook was destroyed according to that hypothesis,
which was an hypothesis unsupported by any eminent toxi-
cologists but themselves. But it was fair to them to say,
and to Dr. Taylor in particular—because it is out of my
power to speak of Dr. Christison, except with respect due
to a man of his eminence and high standing—it is due to
Dr. Taylor to say that he had propounded his theory in a
book he had published on that subject. After referring to
the experience of Dr. Taylor aad to this poison on
a number of rabbits, the learned gentleman said, I
will call, on this point, before you many gentlemen of
the highest eminence in the profession,—analytical
chemists, who will state to you their utter renuncia-
tion of that opinion. I will call before you Dr.
Nunnely, a member of the Royal College of Surgeons,
a professor of surgery at three schools of medicine,
and who attended the late strychnine case at Leeds ; Dr.
Williams, professor of Materia Medica in Ireland, and
surgeon for eighteen years at the Dublin Hospital; Dr.
Letheby, one of the ablest and most distinguished men of
science in this great city, a professor of chemistry and
toxicology in the medical school of the London Hospital)
who rejected the theory of Dr. Taylor as a heresy, and
unworthy of the belief of scientific men ; Dr. N. Parker, pro-
fessor of medicine at the London Hospital; Dr. Robinson,
of the College of Physicians ; Dr. Rogers, professor of
chemistry at St. George's School ; and, lastly, I will call
before you probably the most eminet chemical analylst
in the country, Mr. W. Herepath, of Bristol, all of whom
reject the theory of Dr. Taylor as totally unworthy
of :belief, and are ready to prove that not only could
half a grain of strychnine, or the 50th part of a grain of
strychnine, but the sth, 10th, or 20th part of that quan-
tity, if it had entered into the human frame at all,
could and must be detected by the proper tests, and that no
degree of putrefaction or fermentation of the human body
could prevent its being found. I now apply myself to what
n my judgment it of equal importance to the above in the

case, if not a more important vestion, and which I approach
no diffidence whatever, etcept the diAtrust which t have,

under the circumstances which T have stateds
of Myself ; and if it were possible for me to write
what I think of it, and then read it to you, I don't enter-
tain the smallest doubt myself but that you would be con-
vinced of the innocence of the prisoner. And that is the
question whether in the second Week df Ittovertiber, 1355,
he had a motive for the commission of the murder—any
strong reasons for desiring that Cook should die, and unless
it is made clear to you that it was his interest to get rid of
him, I never will believe you will come to the conclusion that
he committed the act. It appears to me by the evidence laid
before you, that it is abundantly clear, that not only was
it not the interest of Palmer that Cook should die; but
that his death was the worst calatiiity that could happen
to him, and that he could not possibly be ignorant that it
must immediately be followed by 1,3 own rain. At the
time of the death of Cook he 'Telmer) was in extreme em-
barrassment, hut that state was in some degree remitted by
the person whose name he had forged—his own mother, a
lady of very large fortune. The Attorney-General stated
that the case against the prisoner was this, that the prisoner,
with ruin staring him in the face—when Cook was in pose
session of a large sum of money—did wilfully destroy him.
I beg the jury to carefully scrutinise the evidence, and then
to say whether it was the prisoner's interest, in the second
week in NOveniber, to destroy Cook ; if not, they would
decide accordingly. A great nambei of letters
had been read y'esterday, but although it was
thought that this did not in the least affect the
case, I &mix believe in that correspondence the innocence
of the prisoner lies concealed. Allow me to call your atten-
tion to the state of friendship which existed between the
deceased and the prisoner. They jointly owned race horses,
or were okapi seen together on the race course. It had
been remarked by Cook, before the witness Jones, that they
(meaning h mself and Palmer) had lost a good deal of money
together of late. That would prove that they were in the
closest intimacy. In May, 1855, Palmer wanted £2OO to
pay some debts, and he applied to Pratt for the sum, but it
was refused without he gave good security, and he accord-
ingly offered his friend, John Parsons Cook. Now, Cook
was not posfessed of a very large fortune—such a fortune,
as he heard, might have been thrown down in a week. It
was not likely that anybody would go to Doctors' Commons
to ascertain what sum Cook received on his grandfather's
death before the sum of £2OO was advanced to him, for the
position he had attained seemed of itself quite sufficient
security for the repayment of the money. As long as there
was a vestige of property Pratt continued to lend the
prisoner money at the rate of about 60 per cent. A person
paying such a sum for interest could have nothing but utter
and irretrievable ruin staring him in the face. I beg the
jury to observe that I am not defending the prisoner against
the charge of forgery; that has nothing to do with the
present proceeding. I shall read a certain number of letters
that have been put in evidence, which will show that Palmer
and Cook were jointly benefitted by the money received
from Pratt oil certain occasions. The learned council here
read some of the correspondence, which went to show that
in November he (Palmer) was being pressed in such
a manner by Pratt for money, that at that time
Cook's life was of the utmost importance to him ; and
also a letter from Cook to Fisher, telling him to pay
£6OO to Pratt; it was of the greatest importance that he
should do so, and he (Cook) had sent up £3OO towards that
sum. At this moment, therefore, it was clearly evident
Cook was doing all he could to assist Palmer, and it was not
at all to be supposed that he would at that moment destroy
him. In the spendthrift way in which Cook and Palmer
were living, it clearly showed that Cook was doing all he
could for Palmer, and on the 16th of November, when it
was alleged Palmer was poisoning him, he was acting
towards him with the greatest kindness. The evidence of
Fisher, who was no friend of Palmer's, stated that
.on the
Monday, as well as the Tuesday, Cook was comparatively
well, and the inference was that that was so because
Palmer was absent. It would presently be shown how
very gross that inference was It was the interest
of Cook that Palmer should not be arrested by
Pratt, and it was to prevent that circumstance
happening that Cook desired Palmer to go to
London and arrange the matter with Pratt himself.
Cook died on the morning of the 21st, and if we want to
know anything further about Palmer we must get it from
Pratt, as Cook had never passed from the scene. It has
been proved that Palmer had acted in the most affectionate
manner to Cook, and the circumstance of his wishing to
secure the horse Polestar went for nothing, and he would
show that the five hundred pounds obtained from Pratt was
obtained for Cook alone, but on his death Palmer was sad-
dled with the payment. It was to the highest degree im-
probable that Cook did not have that money upon that
transaction of £5OO with Pratt. Would Cook, who knew
he had executed a bill of sale, and wanted the mon If im-
mediately, have waited for two days ? The signature of Cook
to the cheque was not even an imitation of Cook's hand-
writing. It was probable that from the correspondence, and
the state of Palmer's banking account, that as Pratt had
sent a cheque which could have been cashed through a
London house, that Cook wanting the money, Palmer let
him have the money. Was it likely that Cook would
have let the matter rest for the time he did before his
death, when it was shown that he wanted money ? Was
it likely that Palmer desired Cook's death? Cook had
signed the cheque upon the day before his death for £350.
and had to be sent up to be paid. Now, if the news of
Cook's death reached before, which was more than pro-
bable it would, where would be Palmer's chances of
getting the cheque paid ? Cook had no effects to meet
that cheque, and it was most likely that Cook's executors
would dispute any claim. What would he gained by Cook's
death ? Nothing. All the evidence showed that Cook
was his only resource, and would Cook's death bring him
property that would now clear him of his forgeries upon
his mother ? Would it not deprive him of the assistance
of Cook, and bring about an investigation of Cook's ao-
counts with the executors. Was it likely that Cook was
not a close-fisted, penurious man ; and yet the theory of
the Crown was, that Palmer killed Cook because he
thought he could better settle with the executors,
whom he would find shrewd men of business. Such a
theory was an absurdity. Would not all the forgeries
have then fallen upon himself? The manuel upon
chemistry which had been put in, bearing the prisoner's
notes made upon the margin, clearly showed that he well
knew what effects the poison would have had upon Cook.
Lord Campbell said that the prosecution had not made
any- groat point of that fact, but admitted that the prisoner
was studying to qualify himself as a practitioner.

Mr. Sergeant Shoe : I am well aware of that., and sub-
mit that the notes on the margin of the book show that
the prisoner knew well the effects that strychnia would
produce. What did the note fix attention to ? Why,
that the death of any one dying of strychnia would be a
most fearful scene, and he (the learned Sergeant) put it
to the jury whether a man (who knew well what would
result from such poison), and was in the position in
which the prisoner was, would have run the risk which
such a death would have created. With regard to the
evidence of that stupid fellow Newton, he should speak at
a future time. What was Palmer's position at the time,
both with regard to his affairs and the extrication from
them which the prosecution say led him to commit this
act ? The prisoner's position was this—why at that. very
time he was in the expectation of a claim which he had
against the prisoner of bills with relation to the insurance
upon his brother being settled, and was it likely that the
prisoner, who knew that such a death as that which he
was charged with causing, would, in a place like
Rugeley, lead to much speculation, have done that which
would cause the utmost discussion, and lead to enquiry,
which, if it went no further, would prejudice those
claims from which he anticipated to clear himself
from his difficulties. He refused the offer of the
premium from the Prince of Wales Insurance Office,
which was a strong fact in favour of the prisoner,
and had he had the least fear on the subject, he
would not have acted in the manner he had done.
It was not until the office had disputed the ;policy on
Walter Palmer that Pratt began to move in the matter.
That circumstance Pratt said entirely altered the position
of Palmer, and at the same time he intimated to the
prisoner that he must be prepared to cover the accept-
ance of his mother for the four thousand pounds. A
great deal had been said about the policy of insurance on
the life of Walter Palmer, but he felt convinced that, as
sure as the prisoner was saved—and saved he would be—
that policy_would be ,!paid.lllHe had not
.the slightest

doubt but that would be the case, and the effect of such a

proceeding would be the payment of the whole of the
prisoner's debts, The Company had ne defence, and
immediately the prisoner was acquitted, the Office must
pay the money. It was not to be supposed that Palmer
would endanger the likelihood of his receiving the
£13,000 by putting Cook to death, as it was the
Only means he had of meeting his. liabilities. He
respectfully submitted to the oourt and jury that that por-

tion of the case had entirely failed. He would now pro-
ceed to the symptoms of Cook before death and his appear-
ance after. Under this head, he should contrast the medi
cal evidence, and, in order to do so, he should for a short
time refer to the evidence that had been given during the
course of the trial. The learned counsel then proceeded to
allude to Mr. Stevens' evidence, and mentioned the meeting
of him and the prisoner, when Stevens told him th• t he
suspected him, and that he was determined to have the
matter probed to the bottom, He (the learned counsel)
then described the symptoms of Cook previous to his death,
and stated that his father died about the age of 30, his
mother also died at a comparatively early age. He then
went on to state the appearance of the body when it was
opened for the post mortgm examination, and also
the state of Cooks's throat at deathi and Alluded to the
circumstances of the deceased as to health, and said he
thought that without being an entirely depraved person
he had led a very loose life. He stated he Should show
that Cook was in the habit of appearing on the race-
course with large spots about him which plainly indicated
disease. The state of Cook was only partially discovered
at the first post mortem examination, which was not of
the most satisfactory nature. The interior of the body
was therefore sant to London to be analysed, and the
result of the analysis was, that death might have boon
caused by antimony, but after hearing certain evidence
at the coroner's inquest, Dr. Taylor had his opinion,
and instead of antimony been stated as the
cause of death, that was said to be a mistake, and
he had the immense imprudence to state in his evidence
before the jury that the pills which Palmer delivered
to Cook contained strychnine, and that that was the
CRUSE of death. Upon that evidence a verdict of
wilful murder was returned, and Palmer was consigned
to a prison. If the opinion of medical men upon
certain doubted points was to consign persons to prison,
he trembled for the safety of society. No person would be
safe in whose family a sudden death occurred. The medical
man who attended Cook attributed death to apoplexy, and
yet upon the statement of a gentleman with a very imper-
fect knowledge upon the subject of strychnine, this testi-
mony was set aside, and death declared to result from that
powerful poison stryohnine, administered in pills by the
prisoner to the deceased. Great trouble had been taken to
show that Cook died from tetanus arising from strychnine,
and a great deal of discussion followed about the meaning
of idiopathic tetanus, but he denied that it was proved that
it was tetanus, or that it was otherwise than convulsions.
Evidence from medical men spoke of the deceased's
attack as convulsions. We are not called upon
to. show the exact cause of death, but we are
only called upon to prove our denial of the
theory laid down by the prosecution, but it will be enough
for us to prove to you that out of the numerous variety of
convulsions with which the human frame may be attacked,
asphyxia might have taken place from ordinary disease. It
is enough for us to prove the possibility of such a cause of
death, without proving that it is irreconcileable with the
evidence of poisoning by strychnine. He would go through
the medical depositions upon the state of Cook, as it was
only fair to those gentlemen whose opinions he disputed, that
they might know upon what he formed these opinions.

Lord Campbell here interposed, and remarked that
the present would be a convenient moment for the usual
temporary adjournment.
The proceedings were accordingly adjourned for a
short time, and, on the re-assembling of the court,
Mr. Sergeant Shee resumed his address to the jury.
lie said that he proposed to read the depositions of
Elizabeth Mills and Mr. Jones, upon the state of the de.
ceased upon the Monday and Tuesday night, and he
though; they would go to show that the death had not
arisen from tetanus either by strychnine or otherwise,
but that he died from convulsions. He would ask them
to take into considerwion the state of Cook's mind at the
time he went to Shrewsbury. He was in a desperate
state—his feelings must have been that he was either a
beggar, or Polestar winning, gave him a chance of re-
trieving his fortunes. What had been the state of his
excitement? The man was in this state. Mr. Jones
tells you, that he could not speak for three
minutes, and what was his state after? Why,
that he would be enabled to retrieve his
name, his honour, and his engagements, and not be
looked upon as a black-leg. This operated upon a pre-
viously diseased frame. What did they next hear of
Cook? A champagne dinner followed. He was seen
with the trainer and a woman. What took place upon
the next day ? He went to the course ; it was wet ; he
was ill. What effect did all this have upon a man whose
condition was weakened by excitement and disease ?
Let the jury look to his conduct when he spoke of the
quarrel he thought he heard in the street. Was that what
persons of sound constitution would experience ? Did
it not bespeak a disordered stomach and general dis-
arrangement ? After that, although deceased was well
enough to see his trainer and jockeys, he did not have
any appetite. Did he refrain from drinking brandy
and water ? Cook was not well ; Palmer was not with
him then. He should also read the statement of Dr.
Jones. Palmer had sent for Jones. Jones was Cooks
best friend. Cook and Jones were together from three
to eight, and there was the opportunity of Cook telling
Dr. Jones if lie had any cause to complain of Palmer.
Palmer said to Dr. Jones, " I am glad you are come."
Dr. Jones had Cook to himself from three to seven.

Mr. Baron Alderson : Palmer was in and out of the

room.

Mr. Sergeant Shee : Yes, but we have a right to infer
that, Dr. Jones not having stated Cook made any com-
plaint 01 Palmer's conduct, that Cook had not made
any. Was it not very strange that Cook should no t
have given to Dr. Jones, his friend and confidant, the
same account as he had given to Elixabeth Mills, the
chambermaid, as stated by her upon the first examina-
tion beforr the coroner? The inference is that, in all
probability, the first statement of Elizabeth Mills was
the correct one. Mr. Jones said that he visited Cook
the whole of the afternoon, and Palmer brings up two
pills which are supposed to have poisoned Cook, and
actually forced the pills down the man's throat, in the
presence of Jones—at the same time knowing that if they
had been composed of the deadly poison which it had
been stated they were, Cook would have expired precisely
in the same manner as the rabbits, which had been spoken
about. In the evidence of Dr. Jones, given before the
coroner's inquest, although tetanus must have occurred
to him when he read over his deposition and signed it,
although the word tetanus had been erased. the infer-
ence, therefore, was, that his attention must have been
drawn to the fact and that he did not think that the
death of his friend had been caused by tetanus. The
learned gentleman was about to read an extract from a
work published by Dr. Copland, when

The Attorney-General rose and said if you read that
extract I shall challenge you to produce Dr. Copland.
He is still alive.

Mr. Sergeant Shee : Does your lordship object to my
reading the extract from the book in question ?

The Lord Chief Justice : Do you intend to call Dr.
Copland as a witness ?

Mr. Sergeant Shoe said he did not propse to adopt• such
a course, although the learned Attorney-General
could have had Dr. Copland in attendance had he thought
the evidence necessary. Mr. Sergeant Shee then proceeded
to read extracts from Dr. Copland's work upon convul-
sions, and said he felt convinced that, had Dr. Taylor
read this, he would not have so boldly stated his belief
that styrchnine was the cause of death. The evidence of
the chambermaid differed as to the state of Cook upon
the first time of her giving her evidence, and Dr.
Jones somewhat differed in the statements made by
him as to the state of the body. The learned Sergeant
read Dr. Watson's work upon tetanic diseases, and ar-
gued that they went to prove that the tetanic symptoms in
I Cook were attributable to other causes than strychnine;

but he was inclined to think that Cook had suffered from
general convuls'oas. He then went on to read the work

of Dr. Taylor, upon tetanus from strychnine, which did

nbt agree with the symptoms exhibited by Cook. Dr.
Taylor spoke Of a per Con at arst attacked from strychnine
as unable to speak. Did took exhibit the symptoms?
He sat up in bed and spoke. Dr. Christisen's work also

did not agree with the symptoms stated to have been exhw
bited by Cook. The learned sergeant then went on to

explain some et periments which he had seen performed for
the purposes of this defence. It was upon a dog and
two rabbits, and the result of these experirnents proved to
him that Dr. Taylor was not correct in his work on the
question. The animals each evinced the greatest fear of
being touched. Cook did not evince these symptoms.
All these cases show that in no one instance had there

been so much:command over the muscular system as in
Cook's case. Every instance, and the experiment whit'►

he had seen, showed that anything labOuring under the
effect of strychnine was most sensible of the slightest
touch, and dreaded it. This was not so in Cook's case.
Cook was not afraid, but when labouring under what was
said to be strychnine, actually asked to have his neck
rubbed. The learned gentleman then proceeded to con-
trast the evidence given by the medical gentlemen who have
been examined, and also to read a number of cases 111.W;i::,'11

strychnine had been taken, in all of which instances the
symptoms came on in a much shorter time thin was the
case with Cook. in one case two or three drachms of
nut vomica taken by i young woinam about seventeen years
of age, the symptoms first appearei in about half an hour,
and death occurred i❑ about forty minutes. Another case
was that which was mentioned by Dr. Watson in his book,
and which he had himself witnessed. It occurred at the
Middleseic hospital; It was a ease where the strychnine,

intended for a paralytic patient, had been administered by
mistake to another person. A grain was the quantity taker,
and the time the accident occurred was about 7 o'clo_k. In
half an hour the symptoms came on, and the following inci-
dent took place which did not occur in Cook's case at
all. The slightest touch of the patient brought on the
spasmodic convulsions. Comparing the one case with the
other, the space of time between the spasmodic attacks
which took place in Cook's was three times too long to
indicote that the cause of death was the administration of
strychnine. In all cases *here the body of the animal he
had seen killed by this deadly poison had been opened,
the heart was invariably found full, but if the operation
was performed in a clumsy manner the heart would then
be found empty. He hoped and trusted the jury, before
they gave their verdict, would insist that a number of dogs
or cats should be brought into one of the yards adjoining
the Court, end strychnia should be administered to the
animals, and that by that means front actual observa-
tion they would be enabled to arrive at certain
conclusions which would be of the utmost importance to
them in coming to a verdict in this important trial. He
did not wish to impute perjury to the witness Elizabeth
Mills, but she had given two different accounts, which might
not be wilfully wrong, but still they would have to receive
her evidence with the utmost caution. In a court of civil
law her testimony would scarcely be received, she having
tole two different storiss ; and how much more important
was it for them when it was a case of life depending on not
relying on her statement. The learned Sergeant then
commented at some length upon the manner in
which the inquiry took . place before the coroner,
and argued that the evidence given by the girl Mills
upon the first occasion was what they should alone rely upon.
This statement was made before she knew what Dr. Tay-
lor was to state, and before she knew the theory of
Dr. Taylor, and that it was part of the 038 C that the pri-
soner had by antimonial doses so prepared the stomach
of the deceased by repeated rounds so as to absorb the
poison of strychnine. Now upon this point she had
stated at first that she had tasted the broth, and thought
it very good ; but she did not say one single word at
that examination about being ill from the effects of tasting
that broth. It was doubtless true she had been spoken to
by the prisoner, and she perhaps, having been sick at the
same time, attributed it to that, and had now come for-
ward and said that it had been caused by the broth. Was
it likely that a man of Palmer's sense and shrewdness
would have so laid himself open to be suspec•ed as to send
broth over from his house to the Talbot, when he knew
that it contained an antimonial preparation. Would he
have sent it over there, to have found its way into the
kitchen, where it was sure to have been tasted by the cook.
Again, in her evidence as to the coffee, stte had dif-
fered in her statements; and one strange tbiug was
that her evidence now as to the state of Cook agreed in
many particulars with the statements which appeared in the
papers about the symptoms exhibited by a person at Leeds
who had died from strychnine. This was since the death
of Cook, and her statements now upon that point differed
from what she had first stated, more particularly about the
twitchings of Cook's frame. He did not mean to say that
she had perjured herself, but that she had been
questioned and tutoured to give an account which
was more in keeping with the theory of the Crown, and
that the story she now told was not so much to be re-
lied upon as the statement she gave when the matter was
first fresh upon her mind. He was not going to enter into
detail upon the medical and clynical evidence which he
intended to call, but merely to state that they were of the
highest eminence who would disprove the theory laid down
by the prosecution, and would even, if the bench thought
fit to allow it, perform experiments in some of the yards of
the gaol upon animals, and demonstrate to them what they
• in evidence could state.
Lord Campbell said that such a course could not be
pursued.
Mr. Sergeant Shee said that the next point he should,
touch upon was the circumstantial evidence, which, he con-
tended was not such as would justify a conviction in this
case; and, under all the circumstances, it would be impos-
sible to arrive at any other conclusion against the prisoner
than a verdict of not guilty. The circumstance of the
pushing at the inquest was of itself exceedingly trivial,
and it could hardly be conceived that anything serious
occurred, although the room was crowded to excess.
Notwithstanding the pushing, nothing was lost, and the
jars were, according to the evidence, received in
London in precisely the same state as they left
Rugeley. The circumstance of Palmer expressing his
satisfaction at Dr. Harland having been appointed to
perform the post modern examination was of itself
nothing. It was merely ,the expression of gratification
on the 'part of Palmer that a person whom he thought
competent was appointed. The post-boy's evidence was
pressed into the case, hut it amounted to nothing. Streven's
behaviour towards Palmer was certainly calculated to
' cause him much annoyance, and it was nothing surprising
that there should not be a very good feeling on his part.
It was also quite natural for Palmer to feel great anxiety
that the jar should not go out of the possession of Dr.
Harland. The expression, " I'll give ten pounds to upset
them," could not have applied to the jars, as there
was but one, and therefore it must have applied to
the persons who were in that carriage, namely, Mr. Stevens
and Boycott. That Palmer felt much vexed at the conduct
of Strevens could not he a matter of much wonder, when
he (Strevens) had hinted at suspicions which would utterly
destroy him. Palmer after this met the post-boy, and asked
him if he was going to drive " them," and this must have
had relation to the passengers. The learned gentleman
then referred to the examination in chief of the post-boy,
and also his cross-examination, and the construction he put
upon the same was, that to gratify a personal pique he
offered the money to upset Me. Stevens. He submitted
that this was a fair version of the story. On the
other hand, he held that it was highly improbable that
a medical gentleman would attempt to upset the jar
or hire any other person to do it, when there were so
many members of the profession in the room at the time,
with some of whom he was on terms of intimacy.
He now passed to the evidence of Newton. Newton
swore that he gave Palmer three grains of strychnia.
This witness did not bring this fact to the knoNt ledge of
the Crown till the night before the trial ;was com-
menced. He carefully concealed the important,
fact till a very late moment, until concealment
became dangerous to him, and then he mentioned
the circumstance. Is a witness who takes an oath, and
keeps back a part of the evidence until a second oath is ad-
ministered, worthy of belief ? The buying of the strychnine
signified nothing on the part of Palmer. It was used to
kill dogs and other vermin, of which he had much need, as
would be seen on referring to the evidence of Bates. It
was to the last degree impossible for Palmer to have
purchased the strychnine for any other purpose,
and if any other motive influenced him it was not
at all likely he would have bought the poison at
a chemist's shop in a contry town where he
resided, and purchase or obtain 3 grains of strychnine.
Why the thing was improbable to a degree. Besides, he
should be in a position to prove that it was utterly impos-
sible for Palmer to have been in the shop at the time
Newton deposed to. A witness, Herring, stated that he
saw Palmer in London on the day that Newton fixed as
the day on which Palmer came to him at 9 o'clock to get the
strychnine. Now it was absolutely impossible for Palmer,
had he left London by the earliest and fastest train, to have
beenhin Rugeley at the lime deposed to by the witness.