The Northern Daily Times.
Liverpool, Merseyside, England, 1856-05-26 00:00:00

TENTH DAY

(FROM OUR OWN REPORTERS
LONDON, SATURDAY NIGaT.
The trial was resumed this morning at the usual bon'''
long before which time the court was crowded, every avails"
ble spot being occupied, and hundreds of anxious applicant&
being again unable to obtain admission. Amongst the
distinguished notabilities present to-day were several of the
nobility, who have been in court from the first.
Mr. Oliver Pemberton was the first witness exam
iaed•
Was lecturer and teacher of medicine at King's Cortege,
Birmingham. Was present at the examination of the bar
of Mr. Cook, in January, after it had been taken up. 1 saw'
the condition of the spinal cord. It was not in a condition.'
to enable me to say in what state it was at his death. The
upper part, where the brain had been separated, was green
in colour, from the effects of decomposition. The vivito'
ing portion was so soft as not to enable me to form an
opinion as to its state at the time of death.
Cross—examined by the Attorney-General :Mr Bolton, of
-
Birmingham. was with me at the time of the examinati°e'
snore
Mr. Sergeant Shee : I do not propose to call and

medical witnesses.
Henry Matthews, a member of the London and Nora;
Western police force, called : I was at the
station on the 19th of November last. The two o'clo!lc
afternoon train stops at Rugeley. After that no train'
leaving London stops at Rugeley. The exPree:b:
train which leaves London at five arrives at Stafford
at 8.45 p.m. Rugeley is nine miles from Stafford. The
after
best mode of arriving at Rugeley, from Stafford •
Stafford'
the two o'clock train leaves London, is by road from
Mr. Joseph Foster examined : He said, I ant a fanner
and grazier at Silverthorp. I kept the George hotel, meetEaston:
ford, up to Ladyday last. I knew Mr. Cook . have nil
him at the hunting fields there. I think he was of a were,e
czatitution. I form my judgment from having seY.
times sf:en in company when he was ill from bilhouS
attacks.

,saddler at Rugeley. 1

mined; I

George Myatt exc.-, . am a I was at al
was at Shrewsbury races when Polestar won.
Raven-hotel that night. That was en Wednesday, ill,
second day. I saw Mr. Cook and Mr. PalraNr
there
night about twelve. I was waiting in the roam shen,rtbei
came. I consider that Cook was worse for drink. ".,0
had a glass of brandy and water each before going to
I had a glass with them. Cook remarked that it was o°‘
Food. He drank part of it, and said he thought it bad PI
into his head. Cook proposed to have some more,
an;
Palmer said he would not have any more, unless 0:1°
drank his glass up. They had no more brandy, and Cook
thheyai
went to bed. I slept in the same room with Palmer.
brandy was in a decanter. It was poured out into T44'
thw
glasses, but Ido not know by whom. I did notileave
room. I never saw anything put in the brandy and water
while I was in the room. It could not have been put 11:1,_
without my seeing it. Cook slept in a separate arlortniell :
Nothing further occurred during the night. When
went to bed I locked'the door. When we got up in b";
morning, Palmer asked me to call Cook. I did so.
knocked at the door and he told me to come in. I did 80;
He said how ill he had been, and had been obliged to WI,
for a doctor. He asked me what had been put io !he
brandy and water, and I said I did not know 85 0011
had. He then asked me to send for Dr. Palmer to blob
did so. After that Palmer and I had breakfast. Cook-
afterwards came into the room. At night we left for
Rugeley, but before that we all dined at the Raven. Paiut;
paid for the three tickets. Palmer was sick on the Oa";
He threw up a good deal. Cook said he could not scoot'.
°lt
ri
for it.-When we got to Stafford, we stopped at the Jnootit
Inn, there being no train to take us to Rugeley. We_ivienr
from the Junction to Stafford in a cab: When P.-

was sick, Cook remarked that it must be the water.

Cross-examined by Mr. 'Tames : I have known 141::
Palmer all his life. He has dealt with me for saddlery.
have been with him at races. I was not at Doncaster witt
him. I was with him at Wolverhampton races, in Aug, r
last. I not stop with Palmer, but with my brother-10;
law. I did not die with him at Wolverhampton. I °l6ll.
with him to Lichfield races, but did not come home vitt
him. I swear I was never with Palmer at any other raeo
last year, nor slept in a double bedded room with Pa
with
except at Shrewsbury. I was not at Worcester races wit:Li.,
him. I never was at Worcester in my life. Palmer palu_
my expenses at Shrewsbury races, but never at any °the!
in :
races. I was with Palmer once when he was staffor
gaol, for about two hours. I cannot say whether it iv%
before or after Stafford assizes, when the true bill vat
found. I saw him in the gaol at Stafford, because 01
Smith said he was going, and I said I should like to 8"
him. I never betted on races more than half a soverelo
or so. I have " stood" on horses with Palmer a socevelgits
Or so. I did not bet on Cook's horse, Polestar. I went t0,.°1
Shrewsbury on the Wednesday,.and went to the Raven
see if Mr. Palmer was in. It was about eight o'clock, aftea
the races. The first person I saw was Cook. Ile ask%
me what brought me to Shrewsbury. I replied that I was
come to see how] he was getting on. Palmer was t;
I went into the town, and returned to the Raven in
t
Palmer's sitting room, in about an hour. Palmer Was not
in, but he came in in about a couple of hours. It was
about twelve o'clock. Cook came in with him. Cook v 4-
worse for liquor. The brandy was brought in in a decanteri
I think the water was on the table, but I cannot ell' ,0
do not remember Palmer being called out of the room
.
speak to Mrs. Brook. I remember Mr. Fisher coming
.11
the room. Palmer never left the room, from the time heivalle
meuntil we went to bed. Before Mr. Fisher came into the room
Palmer did not leave the room. After Cook had
of the brandy, he asked Palmer to have another ea*
Palmer said he would not until Cook had drunk hte
He then drunk up his glass. I did not hear him say afteggi
wards that it burnt his throat. He said it made
..
Palmer took up the glass, and, after tasting, said there
aA
nothing in it but brandy. Ido not recollect Palmer sail„e
is ;
to Fisher " Taste it," and Fisher replying " What i
use--it is empty." ceraplainea

Re-examined : When I was present with Palmer in th 6
gaol at Stafford, the governor, or a gaoler, was present'
Mr. John Sergeant, examined by Mr. Sergeant Shee
live on my means. lam in the habit of attending race°.
I know both Palmer and Cook. During Shrewsbury o°4
I received a letter from Cook. I have not got it. I search! _
for it, but I have since found that I sent it to Saunders 91:
trainer. By letter I have since made an application t
Saunders, I received an answer from Mrs. Saunders bt
letter. I have done all in my power to get Cook's letter. ,
know the contents of it well. I only know from Ca°k:
letter what Palmer and Cook won and lost at Shrewsbur.'
I was at Liverpool with Cook the week before the shrew:*
bury meeting. I slept in an adjoining room with coo, ;$
In the morning he called my attention to the state of s
In'a
mouth and his throat. The back part of his tongue wa
te
a complete state of ulcer. I was much surprised at the sta_
of his mouth and throat. He said he had been in that 80::
for weeks and months, and now he took no notice of it. 14the
was all that passed between us on that occasion. 493
platform at Liverpool, after the races, he complainedla f utto
e
pain he had suffered in taking a gingerbread n‘_at
saw him take it. He told me afterwards that
-
it had nearly killed him. I know that at Liveid
pool Cook was poor. He owed me £25. Se Pa
me £lO on account ; said that he had not sufficient to pa/
his expenses at Liverpool, but that I should have the balan.c!
after the Shrewsbury meeting. Cook and Palmer were I:t
the habit of " putting on" for each other. They did
the Liverpool meeting. I executed a commission utb
Palmer, and he said to me that Cook stood a portion wl
him. I have heard Cook apply to Palmer for a `` blaci6
wash." Ido not know that that is mercurial lotion. That

was at Warwick.
meeting
Cross-examined by Mr. James : The Liverpool
was the week before Shrewsbury. I was surprised at hi%
drinking at Liverpool. The gingerbread nut i, a WO'

which is sometimes played off at Races. all
Mr. Jeremiah Smith, of Rugeley, examined : I alia

attorney at Rugeley. I am acquainted with the prisoner's
family, and also with the late Mr. Qook. I remember
'lr. Cook at the Talbot Arms, at Rugeley, on the 16th of
4:lovember. On the morning of that day he had breakfast
14 bed,
He had tea and a wine glass full of brandy ;
'afterwards
We _ on that day, I dined with him at Palmer's.
had three bottles of wine. The dinner was over at
ft`flaast two. We rose from table at six. Cook and
myself ;left the house together, and went to the Albion
411 CA 1
e`. We had a glass of brandy each. We left together.
Wok said he felt cold. He borrowed a book, and said he
fa
go home Ind read it in bed. On that day I had a
jelliersation with Cook about racing ; that was at Palmer's-
4aasked hitt for .£5O, and said " Cook, can you pay me all ?"
ge '4ia no, there is only £4l 10s due to you.
kore me £5, and said he would give me the rest on the
--a3' following. He said he had paid Palmer some
the 3' Which he owed him. [The witness here described
11;e, Illness of Cook at the Talbot from the Satarday before
oteath.e
On the Monday night following, in consequence
b" a letter from the prisoner's mother, asking if he had
iStrived," I went to enquire. Sometime afterwards I saw
1,41 In a car coming from the direction of Stafford. He
toed me if I had seen Cook, and I replied that I had.
e
owent to the Talbot together. Cook said ' You are late
to night doctor, I did not expect you to lcok in. I have
,thn the medicine sent me by Dr. Bamford." He added
he thought he would not have•taken them if he had
that
u °tight Palmer would have come. Cook said he had been
tPa talking to Saunders, and Palmer said he ought not to
ye done so. Palmer stud I then went to Palmer's
tooth
then
house, where we ,eemained for half an hour. I
aft- went with Palmer to his house, where I left him soon
erwards. The next flay I invited Palmer and Cook to
1)1110,With me. He did not come. I sent Palmer some
themr"4 bY a charwomeTi from the Albion, where I invited
tio,
oto.dine with me. In May last I borrowed £2OO,
v fit from M,es. Palmer, and £lOO from Palmer, and
ieg°cia'zed 45V,0 for him with Mr. Pratt. I know that
4raser and Cook were connected together as re-
oneaptudf,- horse, and that they were in the habit of
(att-O.'ita on together. I never acted for Cook as an
.„,-1141. in reference to any writ served upon him
he letters put in were read by Mr. Straight, the Clerk
the
e‘z Arraigns. The first was without date, and signed
letter
Parsons Cook," Monday. The following is a copy of
15`e l
, r

DEAR SIR : I have been in a devil of a fix about
the bill
,
butt have at last settled it at the cost of an extra
e°. guineas, for the discounter had issued a writ against
am very much disgusted at it."
The
letter was sent to me, but its envelope was destroyed•
witehnelt letter bore the date, 25th June, 1855 ; it was also
hijoollt address, but witness stated that it had been sent to
a A and he had destrned the envelope. The following is
ll of the letter :
011/B:ka JERRY : should like to have the bill renewed
ha‘wn months. Can it be done ? Let me know by return•
scratched Polestar for the Nottinghamshire and
httt derlialnPt on Stakes. I shall be down on Friday or
be iLaY. Fred. tells me Arabas will win the Northum-
,r"nd .stakes."
teld4la memorandum put in and read was signed J. P. Cook
the following is a copy :
b:`,l3olestar three years, Sirius two years ; by way of mort-
' secure £2OO advanced upon a bill of exchange for
°°, dated 29th August, 1855, payable about three months
after date."
el°ss-examined by the Attorney-General : I am the
tie
ktlrs'n who took Mr. Myatt to Stafford Gaol. I have
„ (11°11 Palmer long and intimately, and have been
-Izployed
a good deal as attorney for him and his family,
ITh
"ot recollect that be applied to me in December, 1804 ,
"p„atte't a proposal for insurance on the life of "Walter
,Ctner for £13,000 in the Solicitors' and General Assuranceafib. e. I will not swear that I wag not applied to on the
t, Jeet• Ido not recollect that an application was made
true to attest a proposal for £13,000 in the Prince of
nales on Walter Palmer's life, in January, 1855. I
ot"? that Walter Palmer had been a bankrupt, but
Dears that he was an uncertificated bankrupt. In the
at 1854 and 1855, I lived at Rugeley, sometimes
has house, and sometimes at his mother's. There
as
110 improper intimacy between myself and Palmer's
teth
'el% I slept at her house frequently, perhaps two
!-D three times a week, having my own place of abode at
ugeley.
‘ttlit'w long did this habit continue of sleeping two or
lee times k at Mrs. Palmer's house ? Several
ears.
a wee
Yes.
ld you your own lodgings and chambers at Rugeley ?

,s°w far was your lodgings from Mrs. Palmer's house ?
atlY a quarter of a mile.
pia w 11l You be so good as to explain why, having your own
fie~eef abode, and your own bedroom so near to 111 rs. Pal-
l'
e ' Yell were still in the habit of sleeping two or three
a week for several years at the house of Mrs. Palmer ?
g'
eonletimes there were members of Mrs, Palmer's family
W 4 f? You went to see the members of Palmer's family,
lod" late when you separated to return to your own
lvat'eing" We used to stop very late drinking gin and
t' sro okino• and sometimes afterwards playing at cards.
ionktthei, ever stay at Mrs. Palmer's house all night when
were no members of the family visiting ? Yes, fre-
'°'-itl
9.
43w often ? As many as two or three times a week.
)e,silell there were none of Mrs Palmer's sons there ?

Were the
there was no else in the house but the lady ? Thera
the mother, daughter, and servants.
(3P311 mean, then, to swear solemnly, that no improper
Kt, 1/1407 subsisted between you and Palmer's mother ? I
14SEietSati011).
I)eir,"l I Will turn to another subject ; do you remember
ran-4 applied to by Palmer to attest a proposal for an insu-
Nce of £lO,OOO on the life of Walter Palmer in the
lvetsal Life Office ? Ido not remember it ; if you have
per',.'4(leunient which will show it I shall be able to recollect,
qapa.
I..\i"of
ktte . ' do you remember getting a five pound note for
bib sting the signature of Walter Palmer's assignment of
PcilluY to his brother ? Ido not.
1
:1 that your signature (handing a document to witness) ?
'7ery similar to it.
lz it not yours ? Ido not know [sensation].
tr o„., -
11ter " Your oath, sir, is not that your signature ? Witness
itkting
xa,•
Neh„''k "'ale the document, and then tell me, on your oath,
ether that is not your signature. (Witness examined the
)
tint °" " You have perused it, tell me. is not that your sig-
thia ? Witness (hesitating) : I have some doubts whether
13 llaY handwriting [sensation.]
gave you read the whole of the document ? I have not.
Pa'NDrtll do so. (Witness again perused the whole of the
It *) Now, was that document prepared in your office?
as not.
Ito
e You ever seen it before ? It is very much like my
uwriting,
yni:liat is not what I asked you. Upon your oath have
hes ever seen that document before ? Witness (with
tiontjtion) •• It is very much like my handwriting [sensa-
will h
%it ia have an answer to my question. Upon your oath,
balm not that your handwriting ? I think it is not in my
tie!, writing. I think it is a very clever imitation of it
Antion
Win '3
it is You swear it is not your handwriting ? I will swear
not taY handwriting [renewed sensation.]
he
Attorney-General : Will your lordships please to take
1‘;`...e.U.,f that answer.
tktio` Baron Alderson : Did you ever make such an attes-
toras that in your hand ? Ido not remember.
Wmta Attorney-General : Now is that the signature of
to be. Palmer (handing a paper to witness) ? I believe it

Is that the signature of Pratt ? Ido not know.
did You not receive that paper from Pratt ? I believe I
bi-,°t• I think William Palmer gave it me.
William Palmer give you that document ? Most
11kel),
a°t did he give it you. I will have an answer? I have
eubt he d'd
Well th 1 •
--en, if that document bears the signature of Wal-

fer Palmer, and was given to you by William Palmer, can't

you tell whether it bears your own signature or not?
Attorney—

Don't " Mr. Attorney" me, answer my question. Upon
your oath is not that your handwriting ? I believe it not
to be.

Will you swear it is not ? I believe it not to be [great
sensation].

Now, did you apply to the Midland Counties Insurance
office to be appointed agent to the company at Rugeley ?
I did.

When was it ? Was it in October, 1855 ? I think it

Did you send up a proposal for an insurance of £lO,OOO
on the life of Bates ? I did.

Did *William Palmer ask you to make 'that proposal ?
Bates and Palmer came together to my office with a pro•
spectus, and asked me if I knew whether there was an agent
for the Midland Counties office in. Rugeley. I told him I
never heard of one. He asked me afterwards if I would
write to get the appointment, because Bates wanted to raise

some money.
Did you sand to the Midland Counties Office to get the
appointment of agent, in order that you might be enabled
to effect this insurance on Bates's life ? I did,
Upon the life of Bates for £10,000? I did [sensation].
Bates was at that time superintending William Palmer's
stud and stables. I afterwards went to the widow of Walter
Palmer to get her to give up her claim on the policy of
her husband'. She was then at Liverpool. William Pal-
mer gave me a letter for Pratt to take to her to sign. Mrs.
Palmer said she would like to see her solicitor about it. I
brought the document back with me because she did not
sign it.
Do you know whether Walter Palmer received anything
on executing the assignment of his policy to William Pal-
mer ? I believe he ultimately had something.
Is that document in your handwriting? [document handed
'n]. It is.
Now, having seen that document with your signature, I
ask you whether you were applied to to affect an insurance
on the life of Walter Palmer ? Ido not recollect.
Not recollect ! when your own signature is staring you in
the face ? No, Ido not.
Now 1 ask you again, were you applied to on the subject ? I
I may have been.
Look at that document and see whether you were not
applied to to affect the insurance I have named ? That is
my signature.
I ask you have you any doubt that in the month of Janu-
ary, 1815, you were called upon to attest another proposal
for £13,000 on the life of Walter Palmer ? -Witness (with
hesitation) : I may have signed that paper in blank.
Did you sign this proposal in blank ? I cannot swear I
did or did not. I have some doubt whether I did not sign
several of these proposals in blank. [Sensation.]
Upon yonr oath do you not know that William Palmer
applied to you to effect an insurance for £13,000 on the life
of his brother? Ido not remember.
Will you swear :that when Walter Palmer executed the
deed of assignment of his policy to William Palmer, that
you were not present ? Now, be careful, for you will cer-
tainly hear of this on some future day if you are not care-
ful.—l cannot say that I was.
Upon your oath, did you not attest the deed of assign-
ment of Walter to his brother of his interest in a policy of
insurance for £13,000 cannot say. I believe the sig-
nature " Jeremiah Smith" is very much like my hand-
writing.
Why, did you not receive a check for £5 for attesting it ?
—I think I did receive a check for £5.
Re-examined by Mr. Sergeant Shee: 1 have known Mrs.
Palmer for twenty years. I knew her before her husband's
death. I should say she is sixty years of age. William
Palmer is not her eldest son. Joseph is the eldest. He
resides at Liverpool. He is 45 or 46 years of age, I think
George is the next son. He lives at Rugeley. He was
frequently at his mother's house. There is another son, a
clergyman of the Church of England. He resided with
his mother until within the last two years, except when he
was at college. There is a daughter. She lives with her
mother. There are three servants. Mrs. Palmer's family
does not visit much in the neighbourhood of Rugeley.
Her house is a large one. I slept in a room nearest the Old
Church.
Mr. Sergeant Shee : Is there any pretence for saying you
have ever been charged with any improper intimacy with
Mrs. Palmer? Witness : I hope not.
Mr. Sergeant Shee ? Is there any pretence for saying so ?
-Witness : There ought not to be.
Mr. Sergeant Shee : Is there any truth in the statement
or suggestion that you have had any improper intimacy with
Mrs. Palmer ? Witness : They might have said so, but
there is no reason.
Mr. Sergeant Shee : Is there any truth in the statement ?
Witness: I should say not.
The court then adjourned for about twenty minutes, when
the proceedings were resumed.
W. Joseph Saunders was then called upon his subpoena,
but did not appear.
The Attornev-General said he should be extremely sorry
to commence his reply if there was any chance of the wit-
ness making his appearance.
Mr. Sergeant Shee put in a letter from Cook to Palmer,
dated " Lutterworth, January 4th, 1855." The letter,
which was read by the officer of the court, referred to some
money transactions between Cook and Pulmer.
This letter closed the case on behalf of the prisoner.
Mr. Sergeant Shee submitted that he was entitled to
reply on a part of the evidence. The course taken by the
Attorney General on getting at the contents of the check,
the contents of an assignment of the policy on Welter
Palmer's life, and the contents of the proposals to various
offices for the insurance, he submitted entitled him to a reply
on those points.
The Lord Chief Justice : We are of opinion that you
have no right to reply.
Mr. Baron A'derson : That is quite clear.
The Attorney-General said he had been taken somewhat
by surprise yesterday by the evidence of Dr. Richardson,
with respect to angina pectoris. Dr. Richardson adverted
to several books and authorities. He had now those books
in his possession, and was desirous of putting some ques.
tions arising out of that part of the evidence.
The court decided against the application.
The case for the defence having been concluded,
The learned Attorney-General left the court for a few
minutes, and having returned he commenced his reply,
amidst a dead silence, exactly at three o'clock. Just before
commencing his reply, a number of ladies. of high family
made their appearance in court..
THE ATTORNEY-GENERAL'S REPLY.
The Attorney-General said : May it please your lord-
ships, and gentlemen of the jury, the case for the prosecution
and the case for the defence are now before you, and it now
becomes my duty to address to you such observations upon
the whole of the evidence as suggest themselves to my mind.
I feel that I have a moral, solemn, and important duty to
perform: I wish I could have answered the appeal made to
me the other day by my learned friend (Sergeant Shee),
and say that I am satisfied with the case which he submitted
to you for the defence. But, standing here as the instru-
ment of public justice, I feel that I should be wanting in the
duty that I have to perform, if I did not ask at your hands
for a verdict of guilty against the prisoner. 1 approach the
consideration of tho case in, I hope, what I may term a
spirit of fairness and moderation. Gentlemen, in
the mass of evidence which has been brought before you, two
main questions present themselves prominently for your
consideration. Did the deceased man, into whose death
we are now inquiring, die a natural death, or was be taken
off by the foul means of poison ? And if the latter proposi-
tion be sanctioned by the evidence, then comes the impor-
tant question, whether the prisoner at the bar was the author
of the death ? Did John Parsons Cook die by poison ? I
assert and contend the affirmative of that proposition. The
case which is submitted to you on behalf of the crown is this
—that, having been first practised upon by antimony, Cook
was at last killed by strychnine. The first question to be
considered is—what was the immediate and proximate cause
of his death. The witnesses for the prosecution have told
you, one and all, that, in their judgment, he died of tetanus,
which signifies a convulsive spasmodic action of the muscles
of the body. Of course it does not follow that, because he
died of tetanus, it must be the tetanus of strychnia. That is a
matter for after consideration. But, inasmuch as strychnine
produces death by tetanus, we must see, in the first place, whe-
the it admits of doubt that he did die of tetanus. I assert de-
liberately that no case, either in the human subject or in the
animal, has been brought under your notice in which the
symptoms of tetanus have been so marked as in this case.
From the moment the paroxysms came on, of which the
unhappy man died, the symptoms were of the most marked
and of the most striking character. Every muscle, says
the witness, the medical man who was present at the
time—every muscle of his body was convulsed—he
expressed the most intense dread of suffocation—he entreafs
them to lift him up lest he should be suffoc ited—and every
muscle of his body, from the crown of his head to the soles
of his feet, was so stricken—the flexibility of the trunk and
the limbs was gone—and you could only have raised him up
as you would have raised a corpse. In order that he might
escape from the dread of suffocation they turned him over,
and then, is the midst of that fearful paroxysm, one mighty
spasm seemed to have seized his heart, to have pressed from
it the life blood, and the result was—death. And when be
died his body exhibited the most marked symptoms of this
fearful disease. He was convulsed from head to foot. You
could have rested him on his head and heels—bis hands
were clasped with a grasp that it required force to overcome,
and his feet assumed an arched appearance. Then, if it