The Northern Daily Times.
Liverpool, Merseyside, England, 1856-01-22 00:00:00

(88P°11B MR. JUSTICE ERLE AND A SPECIAL JURY.)

PADWICK V. PALMER

This was an action for the recovery of 20001. on a bill of
eXehange, alleged to have
of
ilugeieY, mother of William Palmer, chargs_
Murder of his wife and Mr. J. P. Cook, but which she
Pleaded was a forgery. In consequence of a rumour being
Prevalent that the prisoner would be brought up by
habeas corpus from Stafford gaol to give evidence in the

been accepted by Mrs. Palmer,

ed with the

case, the most intense interest and excitement prevailed,
in A and for upwards of an hour and a half before the com-
ment of the trial, the avenues leading to the court
were densely crowded by persons anxious to obtain a
glance of the prisoner, who has become one of the celebri•
ties of the day, in consequence of his former position in
life, and the heinous nature of the offences with which he
stands charged. The prisoner was brought up from
the Rouse of Detention, in a cab, at an earlier hour yes-
terday morning than was expected, when many were
deprived of gratifying their morbid curiosity by obtaining
a glimpse of him. A body of the A division of the police
Was in attendance, and preserved order at the doors and
in the outer hall.

The trial took place in the Lord Chancellor's court, a
confined area, which was very speedily filled after the
opening of the doors, and continued so throughout the
trial.

Mr. Edwin James, Q.C., and Mr. McNamara were
counsel for the plaintiff, and Mr. Sergeant Wilkins and
Mr. Gray were for the defendant.
The, witnesses on each side were ordered out of court.
M,Namara opened the pleadings.
Mr. James, in addressing the jury, said this bill was
'sl7en to the plaintiff, a gentleman of considerable pro-
-1:117' by William Palmer, a person win had lately
'obtained an unfortuntte notoriety. Palmer being in want
!money, was introduced to Mr. Padwick for an advance
uu a bill of exchange, and the action was brought by the
plaintiff against the defendant (the mother of W. Palmer),
the acceptor of the bill in question. The bill was dated
Rugeley, July 3, 1854, for three months. and was drawn
by William Palmer on his mother, a lady of property,
possessed of at least 50,000/., whose indorsement it pur-
Ported to bear, payable at the London and Westminster
Bank, Lothbury, London. The plaintiff, under all the
circumstances attending the case, had brought this action
before a jury for investigation, in order that the matter
/night be strictly inquired into. Mr. Palmer was the
owner of a considerable number of race-horses, and
(
getting into embarrassments, made an application, as he the learned counsel) had stated; to plaintiff, for an
advance of money, which was given him on the bill in
question. On the 28th November last Palmer gave the
plaintiff a check on tho National Provincial Bank for
I,oooe which was dishonoured, and on Dec. 8, a second
check on the same bank for 600 e, which was also disho-
noured. Padwick, hoeling a warrant of attorney against
Palmer:as a collateral security, issued a writ of execution
against him, and he was taken into custody on the 12th
Dee., for the amount remaining due on the bill. During
the time Palmer was in custody, the investigations
occurred which had attracted the attention not only of
'every person in England, but almost the whole of the
world, and the plaintiff was anxious that it shonld be
known that these proceedings had not been instituted
since the investigation of the coroner's jury, but that
Palmer was in his custody before that took place. When
the coroner's jury returned a verdict of guilty, Palmer
wan taken from the custody of the sheriff, and lodged in
gaol on the criminal chaage.
Mr. Sergeant Wilkins ,said at present it was not his
intention to call William Palmer as a witness.
Mr. James said that was a question which must rest
with the discretion of the learned counsel, but it should be
known the defendant applied for the habeas corpus to bring
tip the prisoner Palmer as her witness. Mr. Padwick was
anxious it should be known that iu this proceeding he was
not oppressing a man abiding the fearful results of the
charges now laid against him, but to ascertain whether or
not this was a forgery, and that he had instituted pro-
ceedings against him before the coroner's inquests were
held. If the defendant's case proved true, he' as afraid
Palmer would be found to have added forgery to the other
crimes with which he stood charged. After some further
remarks the learned counsel called the following evi-
dence;
Mr. Fred. Crabb, clerk to the magistrates at Rugeley,
lelarheu called, who stated that he had known Mrs.
Pr !Tier twelve or thirteen years. She was a lady of
be,.°P,sertY, residing at Rugeley. lie was acquainted with
"andwriting, and he believed the bill he held in his and Was in her handwriting. On the 3rd of July some
kelairY relative to the bill was made o f him, and he;wrote
it letter produced.
Swear you ever saw her write ?
Witnesse-1 cannot recollect.
`Mr. Sergeant Wilkins—How
acquainted with her handwriting ?
Is Witness—l have seen it attached to deeds.
nq
Mr. Sergeant Wilkins—l submit that this witness is
competent to speak to handwriting.
Me. E. James—Have you acted upon the deed you have
Seen_ the name of Mrs: Palmer attached to ?:
Witness—Yes ; the money was paid and the deed handed
Over ?
Mr. Sergeant Wilkins—You spoke of some bills ;
Liles' in the hands ofyour '1
Witness
yes. atm y .
Mr. Sergeant Wilkins—Do they not intend to sue
their recovery ?
Witness—Certainly.
_ Mr. John Sargent, late:landlord of the King's and Key
Tavern, in Fleet-street, was next examined, and stated
that he knew William Palmer, and had had many money
!eansactions with him. He introduced -Mr. Palmer to Mr.
Padwick. In 1852 witness had a bill 'drawn by 'Palmer
upon his mother for 1000/. The bill was paid and
u
rn_ed to William Palmer. It was paid by a cheque
from Mrs. Sarah Palmer.
name ipteer in Bthyetnhae advanced the money to Palmer
pick being his solicitoar awt.l4le and through him, Mr. Pad-
By Mr. Sergeant Witaincisw—ic beelieved the cheque was
drawn in favour of Mr.
perfect certainty. The cheque• but he could not say with
qltersstion paid the bill of
£l,OOO. The bill was drawir y m Palmer. At the
time the bill was due some questiona .aros upon it and
Palmer said he would see it made all tee acqua rated with the handwriting of Mrs. Pgalmer, but he
could not take upon himself to sitively swear that the
name on the bill in question wasp n her handwriting, as
three years had elapsed since the transaction which he had
just raentioned had taken place.
Mr. Justice Erie said he thought that this' was valid
.evidence, as Mrs. Palmer made no objection to the
signa-
t3.rand he money was paid in the ordinary courae.
. Sergeant Wilkins—What makes you believe that
the
ting ?
signature on the bill in question is Mrs. Palmer's hand-
wri
Witness—By the imitation of the writing. The money
has been paid on the one cheque, and he should think that
money would also be paid on the other.
_ Mr. Sergeant Wilkins-_I believe you hive correctly
designated the writing on thebill when you used the word
imitation.
Mr. E. James said with this witness, who really thought
that the signature was Mrs. Palmer's, his case would close.
Mr. Sergeant 'Wilkins, in addressing the jury for the
defence, said that but for the wicked and unconsti utional
attempts that had been made by those who ought to be the
guardians of their liberties and rights—that but for the
most infamous accumulations of malignity that had been
heaped, on the head of that man whose name appeared in
this adverse action, the case would not have occupied ten
minutes in investigation. When they had heard the defen-
dant's case, unless they had allowed their minds to be pre-
ludiced, and they had taken for granted that the reports
'ich had been circulated
true pander to the worst appetites
of the public.. were if their minds • were free
such prejudice, he should be able to present to
from
them a clear case for the defendant, One observation
his learned friend had made in concluding his remarks,
which he (Mr. Sergeant Wilkins) might venture to say had
unfortunately escaped his lips, because- he did not think
him a man who would stab the helpless, and to wantonly
and wilfully accumulate the difficulties that others had
thrown in that poor man's way. When his friend' closed
his observations by saying that if the defence set up were
true, that Palmer would have added to his catalogue of
crimes that of forgery, he (Sergeant Wilkins) thought that
was an inadvertent expression lie would not repeat, and as
a man, a lawyer, and a gentleman he could not justify.
lie should call before them Mrs. Palmer and different
members of the family, who would tell them that the sig-
nature to this bill was not in the handwriting of the defend-
ant. The learned sergeant, after some other remarks called
the following witnesses.
Mr. Smith, an attorney, practising at Birmingham,
was then called, and stated that he
had acted for the
defendant, for some years, as her solicitor. He was well
acquainted with the handwriting of Mrs. PaLmer,_and he
i
felt certain that the signature was not n Mrs. Palmer's
handwriting.
Cross-examined by Mr. E. James—He had seen Mrs.
Palmer write frequently in connection with matters relative
to her son Walter's bankruptcy.
Several documents were handed to witness which bore the
name of Mrs. Palmer. Some of them he identified as having
her signature, others he was doubtful of.
Mrs. Sarah Palmer deposed she was a widow residing
The
Rugeley: She was upwards of 60 years of age.
-the acceptance of the bill in question was not in her
'writing. On Saturday last was the first time she saw the
bin. She first learned of the acceptance of such a bill on
the 12th December.
Mr. Sergeant Wilkins—The bill then would have been
months old.
hba"l cmgativa catimigl—§lll Jaw Ucar_

vitness was

James S

could no

Prisoner—She is now dead.
Mr. E. James— Do you mean your late wife ?
Prisoner— Y es.
Mr. E. James—Did you see her write it ?
Prisoner—Yes.
Mr. E. James—Then there is an end of the case, my
lord.
havo you become I Mr. Justice Erie to the witness—You may retire.

removed in custody of the officer.

in consequence of the
evidence they had just heard, he retired from the case.
He trusted his lordship and the jury would think that
under all the circumstances the plaintiff had done right in
having this investigation, and that he now honourably
are I retired from the case.

Mr. Sergeant Wilkins, as counsel for the defendant, said
he must admit that the plaintiff had acted with the greatest
propriety in bringing this action, and the defendant felt so
strongly that the plaintiff had suffered from the improper
conduct, probably, of a member of the family, and that,
therefore, it would be dishonourable on their part to ask for
costs from the plaintiff. That, of. course, was all they
could do ; and, although they had obtained the verdict,
they were bound to express their obligations to the plaintiff
for the manner in which he had conducted his case. There
were other actions of a similar nature pending, but he
hoped that the result of this case would put an end to them.
The learned Judge then directed the jury to return a
verdict for the defendant, which they accordingly did, and
the case. terminated.

During the progress of the trial the number of persons
congregated outside the building increased considerably,
the roadway between Westminster Abbey and the private
entrance to the court being blocked up by persons anxiously
waiting to see Palmer enter the cab on his way back to
prison. At the corners of Parliament-street and Gt, George
street large numbers of persons were also collected.
The prisoner was attired in mourning, and his general
appearance was that of a man against whom :the suspicion
of so foul an act as that with which he is charged would
not rest. He appeared in excellent health and spirits, and
not to have suffered from incarceration or mental excite-
ment.

Mr. John Smith, of Birmingham, the solicitor engaged
in the defence of William Palmer, proposes to take a course
at the further inquiry before the coroner's jury, which, in
all probability, will lead to further disclosures with respect
to this most extraordinary case• He has given notice to the
Crown that he will be in a position to prove that the very
important evidence given by the witness Whyman, the
assistant to Messrs Mander, Weaver, and Co, wholesale
druggists, of Wolverhampton, is not to be relied upon. This
witness, it may be remembered, deposed that, on the first or
second day of the last Wolverhampton. races (the 13th or
14th of August last), he sold William Palmer three
articles, one of which he positively swears was prussic acid,
and that the price paid for the articles was Is 9d.

Mr. Hatton, the chief constable of Stafford, has succeeded
in obtaining some important evidence with reference to
some of the bank notes known to have been in the pos-
session of Mr. Cook shortly before his death. In the course
of his inquiries in London he gleaned a curious piece of
evidence tending to show the description of influence which
Palmer endeavoured to exercise over those who might
be placed in a position to connect them, in any way,
with the transactions in which he was involved. It
seems that Palmer made repeated visits to London, and
generally sojourned at a boarding-house at Beaufort-
buildings, Strand. Mr. Hatton shrewdly suspected
that Palmer during his last visit to London, might have
changed some bank note or notes at this house, and
accordingly waited upon the landlady to make inquiries.
Tbis lady informed him that Palmer had changed no bank
note at her house on the occasion of his last visit, and added
that he did not owe her anything for board or lodging.
She added, however, that she had paid some money on
account of Mr. Palmer, which he had not repaid her.
This led to Some further explanation, in the course of which
it cppearctdotbhuayt Palmer,hisom some things,
leaving town, had requested
this lady
The articles
which he said he wished
to send into the country.
oystererticles which he enume-
arded the thing '
some game,
solicitor at Stoke, in Stafford-
Prese;A cod Thesefish he directed
rated included a barrel of
and other things suitable fora
sonastodtwregted, but
however, tha:lhetwheays
he seTnthteolaangdleandtylemfoarnw,
once if she heard it.
^member the name of the pers
Shekno
wt o lithe Mr.n aHmaett Hatton, ,
sure
ee
she directed.
would
Mr. Hatton, knowing that the head office of the coroner
was at Stoke, inquired whether the name was liVilliam
Webb 'Ward ; and the landlady stated that she was
positive that was the nann, the address upon the basket
being—" To William Webb Ward, Esq., solicitor, Stoke,
Staffordshire."

Mr. Smith, the solicitor for Palmer, has not yet had an
interview with his client, and he declines to have any com-
munication with him until he is allowed to speak with him
in private. At present there are two attendants always in
the cell with the prisoner, and his solicitor even will not be
allowed to see him alone, until he has obtained an order
from the LTome-offien to that effect.
The offer which Palmer's family have made, with .resp^ct
to the settlement of his debts, is to pay 10s in the pound
but on the condition that UN umugunat b 9 A9t QUIi9
olt 'Wog h 9 /n Acc