The Sun.
London, England, 1856-05-22 00:00:00

THE RUGEGEY POISONINGS.

[The following appeared in part of our impression of
yesterday.]
Upon the reassembling of the Court the learned Ser-
geant said he proposed to read the depositions of Eliza.
beth Mills and Dr. Jones upon the state of the deceased
upon the Monday and Taesday night, and he thought
they would go to show that the death had not arisen
from tetanus either by strychaine or otherwise, but that
he died from convulsions. He would ask them to take
into consideration the state of Cook's mind at the time
he went t) 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.retrieving his
fortunes. What had been the state of his excitement? The
man was in this state, Mr. Jones tells, you, that
he Genii not speak for three minute:, 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-Is.. This operated upon a pre-
viously diseased frame, which he (the learned Sergeant)
should not again enter into. 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 disarrangement? Atter 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. [The learned Sergeant here read
the statement of Elizabeth Mills as ti; the state or Cook
upon Sunday and Monday night.] lie should also read
the statement of Dr. Jones. Palmer had sent for Jones.
Jones was -Cook's best friend. Cdok-and Jones were
together from 3 to 8, and there was the opportunitysof
Cook telling Dr. Jones if he had any cause to complain
of Palmer. Palmer said to Dr. Jones, "I am glad'yon
are come." Dr. Jones-had Conk to himself from 3to 7.
Mr. Baron Alderson--Palmer was in and out of the
room.

Sergeant Shee —Yes, but we have a right to infer
that, Dr. Jones yot having stated Cook made aly com-
plaint of Paimyr s conduct, that Cook had not nwle any.
Was it not vary strange that Cook should not have
given to Dr. .'ones,_ ibis friend and confidant, the same
account as he had given to Elizabeth Mills, the chain-
bertuaid, as stated by her upon the first examination
before the Coroner F The inference is that, iu all proba-
biiity, the first statement of Eliitheth Mils was the c)r-
rect one. Mr. Jones said that -he visitei Cook the
whole of the afternoon, and Palmer brings up two pills
which are supposed to have poisoned Cook, an I actually
forced the pills down the man's throat, in the presence
of Jones—at the same time knowing that if ttieY had
beeu composed of the deadly poison which it had been
stated they were, Ceok would have expired precisely
the same manner as the rabbits, which had been-spoken
about. • In the evidenc.; 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 inference,
therefore, was, that, his attention must have been dm. vn
to the fact, and that he did not thidt that the death of
his friend been caused by tetanus. The learned
gentleman was about to read an extract from a work
publishe I by Dr. Copeland, when
•• The Attorney-General rose and said—lf you read that
extract I shall challenge you to produce Dr. Copeland.
He is still alive.

Mr. Sergeant Ghee—Does your lordship objet: to my
rea link the extract from the book In question ?
The Lard Chief Justice—Do you intend to call Dr.
Capelani as a witness ? . ,

Mr. Sergeant Shea said be did not propose to
adopt Finch a course, although the learned At-
torney-General could have had Dr. Copeland in
atttn lance had he thought the evidence necessary.
Air. sergeant Shee thee proceeded to read extra-As
from Dr. Copeland's work upon convulsions, and sail
he felt convinced that, had Dr. Taylor read this, he
would not have so boldly stared his belief that strych-
ninh Was the cause of death. Teo evidence of the
chambermaid differed as to the stats of Cook upon
the first time of her giving her evidence, awl 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
argued that they went to wove that the tetanic symp-
toms in Cook were attributable to other causes the
strychnine ; but he was inclined to thir'k that Cook h: d
suffered from general convulsions. He then went ee,
to read the work of Dr. Taylor upon tetanus from
strychnine, which did not agree with the symptoms
exhibited by Cook. Dr. Taylor spoke of a person at
first attacked from strychnine as unable to speak.. Did
Cook exhibit these symptoms? Hs sat up in bed and
spoke. Dr. Christison's work alsO did not agree with
the symptoms stated to have been exhibited by Cook.
The learned Sergeant then went on to explain some ex-
periments which he had seen performed for the pur-
poses of this defence. It was upon a dog and two
rabbits, and the result of those experiments prove I to
him that Dr. Taylor was not correct in his work upon
the question. The animals each evinced the ,greatest
fear of being touched. Cook did not evince these symp-
toms. MI these cases showed that in no instance had
there been so much command over the muscular system
as in Cook's case. Every instance, and, tie experinaent
which he had seen, showed that anything labouring
under the effect of strychnine wag most sensible of the
slightest touch, and dreaded it. This was not
so in Cook's case, Cook wail not afraid, but
when labouring under 'what was said to be strych-
nine actually asked to have hi 3 neck rubbed.
The learned gentleman then proceeded to contrast the
evidence given by the medical gentlemen who have been
examined, and also to read a number of cases in which
strychnine had been taken, in all of which instances the
symptoms came on in a much shorter time than was
the case with Cook. In one case 2or 3 drachms
of nut vonatea taken by a young woman about 17 years
of age, the symptoms first appeared in about half an
hour, and death occurred in 40 minutes. Another case
was that which was mentioned by Dr. Watson in his
book, and which. he had himself witnessed. It occurred
at tee Middlesex Hospital. It was a case where the
strychnine, intended for a paralytic patient, had been
administered by mistake to another person. A grain
was the quantity taken, and the time the accident oc-
curred was about seven o'clock. In half an hour the
symptoms came on, and the following incident 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 at-
tacks which took place in Cook's was three times too long
to indicate that the cause of death was the administration
of strychnine. In all cases where the body of the animal
he had keen killed by this deadly poison bad 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' adjoin-
ina the Court, and strychnia should be administered to
the animals, and that by that means from actual obser-
vation they would be enabled to arrive at certain con-
clusions, 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 Eliza-
beth 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 told two different stories; and how
much more important was it for them when it was a case of
life depending on not relying on her staternent.The learned
Sergeant then commented at some length upon the man-
ner in which the inquiry took place before the Coroner,
and need that the evidence given by the girl Mills
upon the first occasion was what theyshould alone relyu pen.
This statement war made before she knew what Dr. Tay-
lor was to state, and before she knew the theory o f
Dr. Taylor, and that it was part of the case 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 ba
stated at first that she had tasted the broth, and thought
it very good e but she not say one single word at
that examination about being ilhfeom the effects of tast-
ing that broth. It was doubtless true she bad been
spoken to by the prisoner, and she perhaps, having been
sick at the same time, attributed it to that, and had
now come forward and said that it had been caused by
the broth. Was it likely that a man of Palmer'e
sense and shrewdness would have so laid himself
open to be suspected as to send broth over
from his own 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, she had dif-
lered in her statements, and one strange thing 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 per-
son at Leeds who had•died from strychnine. This wat
since the death of Cook, and her statements new
upon that point differed from what she had first
stated, more particularly about the t witchings
of Cook's frame. He did not mean to say that
she had perjured herself, but that she had been
questioned and tutored 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 epee as the statement she gave when the matter
was first fresh upon her mind. Ile was not going to
enter into detail upon the medical and clynical evidence
which he intended to call, but merely to state that they
wore of the highest eminence who would disprove the
theory lam f (town by the prosecution, and would
even, if the Bench thought fit to allow it, perform ex•
periments in Horns of the yards of the gaol upon anirrials,
and demonstrate to them what they in evidence could
state.

Lord Campbell and Baron Alderson said that such a
course could not be pursued.

The learned Sergeant said 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 im-
possible to arrive at any other conclusion against the pri-
soner 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.
Notwiths'anding the pushing nothing was lost, and the
jars were, according to the evidence, received in
London in preoieely the same state as they left

Rugeley. The circumstance of Palmer expressing his '
satisfaction at Dr. Harland having been appointed to
perform the post mortem examination was of itself no-
thing. It was merely the expression of gratification on
the part of Palmer that a person whom he thought
competent was appointed. The po'st-boy's evidence
Ras pressed into the case, but it amounted to
nothing. Stevens' behaviour towards Palmer was cer-
tainly 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. Har-
land. 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 the carriage, namely,
Ali.. Stevens and Boycott. That Palmer felt much vexed
at the Conduct of Stevens could not be a matter of
wonder, when he (Stevens) 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 Dr. 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 parsed to the evidence of Newton. Newton
swore that he gave Palmer three grains of strychnia.
This witness did not bring this fact to the knowledge 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. The witness was perfectly worthy of
credit. Is a witness who takes an oath and keeps back a
part of the evidence until a second oath is administered,
worthy of belief? The buying of the strychnine signified
nothing oa. 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 Pal- -
rner to have purchased the strychnine for any other
purpose, and if`auy other ,n 3tisre inflaeoe 31 him it wa4
not at all likely he would have bought the n)izon at
a chemist's shop in a country 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
impossible for Palmer to have been in the shop at the
film Newton deposed to. A witness, Herring, stated
Viet he saw Palmer in London ou the day that
Naesten fixed as. the day on which Palmer
came 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 been
.in Rug-ley at the time deposed to by the witness.
Strychnia must have been found in the prisoner's house i
after the death of Cook if he purchased the quantiv
stated by several of the witnesses. Was it peesible that
Palmer would have went and consulted Newton on
the effect Cf strychnine. Ho did not think for a moment
that the jury could entertain the idea. So improbable
did it appear that he would net trouble the jury further
on the subject. Fisher's evidence went to prove that
Cook killed himself. The only thing extraordinary in
Fisher's evidence was that Palmer said Cook complained
to him of putting something into his brandy and water.
Then with regard to the evidence of Mrs. Brooks there
was nothing extraordinary in it. She says that when
he held the glass up to the light she thought it had not
the appearance of anything being mixed with the brandy
After the races at Shrewsbury, Cook and Palmer both
saw ruin staring them in the face, and provided for the
temporary diffieulty by procuring a loan of 2001.; and
considering that they were both joint o %veers of the same
horses, there was nothing extraordinary in their condact.
It is said that the very attentiveness of the prisoner is an
evidence of his guilt. Here was a young man, an utter
stranger, in the room, and being a friend of Palmer's, he
did not think it was anything but what one friend would
do to another. Cook ha I no other friend in the
room, and because Palmer laboriously devoted himself
to alleviate the sufferings of his friend, he is accused of
the most ins dimes and wicked designs. The learned
Sergeant then implored the jury to dismiss all the preju-
dice which they might have previously hal from their
mind., and at some length contended that if Palmer
had intended to murder Coek he would not have
chosen the time and pace where death hal
ensued when Conk was with his friend, a medical
man, and to kill Cook by means most likely
to create suspicions and bring about an ex-
posure of those forgeries which so much stress had
been lid upon. The learned counsel, after referring to
some further evidence sail that be did not believe that
the fury could find the prisoner guilty upon testimony
which left so much room for doubt. He (the
learned Sergeant) felt that a jury could not, .or
would not, find him guilty.
The learned Sergeant did not conclude his address
till 20 minutes past six o'clock, at which hour the Court
adjourned until 10 this morning.