The Sun.
London, England, 1856-01-29 00:00:00

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411111.0

►$'UN OFFICE, Stven o'Ciock.

THE EUGELEY MURDERS.

COURT OF QUEEN BENCH, THIS DAY.

(Sittings in Banco, before Chief justice Campbell,
Justices Coleridge, Wightman, and Erie.)
TEE QUM? V. WILLIAX PALMER.
_ _

Mr. Sergeant Wilkins said he was instructed to
move their lordships for a certiorari to bring up the in-
quisition and depositions in this case with a view to
move for a trial at bar, or alter the venue to another
county than that of Stafford. He could not do better
than read to their lordship the affidavits on which
he founded his motion. They were not long, but
they were forcible, and it did appear to him that the
justice of the 'case require*" that this motion should be
acceded to by the court. The following are the
aCciavitn

In the Queen's Bench,
In teems:tier of William Palmer, a prisoner.
William Palmer, late of Rageley, in the county cf
Stale.', hat aew a prisoner, confined in her Majesty's
gaol at Stafford, charged upon the coroner's
-wi inquisition
th the *ilia- itarder of the late John Parsons Cook,
made oath, and say-
1, That for ten years I have bean residing at Augeley
aforesaid, occasionally practising as a surgeon
2. The paper writing hereunto annexed, marked " A,"
is a copy of the warrant upon which I was arrested, and
wee now detained in the said gaol.
I am informed, and believe that I cannot have a fair
and impartial trial in the county of Stafford, or, in fact,
elnewhere is the midland counties, inasmuch as the pre-
judice aeainst me !s Re great, that I do not believe, amongst
an ordinary panel of jurymen, any 12 men could be found
unbiassed and unprejudiced.
4. I say that, in:addition to the charge of murder of
the late John Parsons Cook, I am also charged on coroner's
inquisitions with the murder of my late wife, Anne Pal-
mer, and Illy late brother, Walter Palmer, all the said
murders being alleged to have been committed by means
f Poison.
•). I am informed, and verily believe, that in and about
the neighbourhood of Stafford (Rugeley being only nine
miles distant from Stafford) lam also accused of having
murdered several other persons, which rumour is generally
believed to he true.
C. In each of these cases with which I am now charged,
and upon which I am now in gaol, the same being charges
murder by poisoning, Alfred Swaine Taylor, of Guy's
Hospital, Doctor of Medicine, is the principal witness; and
in order to rebut the evidence gives by him it will be ne-
cessary that I should have a sufficient number of scientific
pei eons t. give evidence upon my trial, most of whom are
resident in London.
I say the expense of such witnesses will, as I am in-
wined, and believe, be 1,0001., or thereabouts if I am tried
s`' Stafford.,
8. I say, of myself, that I have no fends wherewith to
meet such expense, and am consequently entirely depen-
dent on my hien& and relations, and owing to my depen-
dent positiona, -Mar I-:shall not he so well or properly
defended, unless I can be tiled where the expense of such
witnaessee will be ranch less.
!'. lam informed, and truly believe, that the solicitor
who ie. acting ageintt roe in the prosecution upon the charge
or wilful murder of my said late wife, and said late brother,
has admitted to my solicitor that he does not believe it
will be possible for me to have an impartial trial in the
county of litafford or its neighbourhood.
10. I say that I am innocent of having committed the
said alleged murders, or any or either of them.
The following is a copy of the affidavit of Mr. John Smith,
see oe'n the 2Ctie of Jenuary, 1856 :
I, John Smith, of Birmingham, in the county of War.
gentleman, attorney for Wm. Palmer, hereinafter
mentioned, make oath and say-
1. •That the said Win. Palmer is, and stands charged
upon the coroner's inquisitions in the county of Stafford-
shire with three murders by poisoning, that is to say,
with the murder of Anne Palmer, his late wife, Walter
Feltner, his late brother, and one John Parsons Cook,
two of such murders being alleged to have takes place at
Hugely, in t.te said county of Stafford, and one of them
at Stafford, in the same county.
2, 'That I appeared to watch the proceedings taken upon
the inquisitions held en the bodies of Acne Palmer, the
wife of the maid Wm. Palmer, and Walter' Palmer, the
Lrether of the eeid Wra. Palmer, for, and on behalf of,
the said Wm, Palmer,n
3. I say that, by reason of my having so acted, I am
en Ailed to judge of the feeling of the inhabitants of Ruge-
ley and the neighbourhood.
4. I say flint upon the said inquisitions soheld as afore-
sad, there were gpwerde of 30 newspapers represented by
Carious reporters.
5. That the jury empannelled upon such inquisitions ap-
peared to me to be greatly prejudiced against the said
Palmer.
C. I say that I have been informed, and believe that one
of the jurymen who set upon the said inquisitions assisted
in getting up evidence against the said Wm, Palmer.
7. That the evidoeee given upon the aforesaid inquisi-
lions before the Coroner has all been published in the va-
s ',bus newspapers published in Staffordshire, Warwick-
shire, and the neighbonieng counties, and that numerous
paragraphs have appeared in the newspapers unfavourable
to the said Wm. in Palmer, many instances assuming his
guilt, and the effect has been that the bulk of the inhabit-
ant% of the counties of Staffordshire, Warwickshire, and
otbtar neighbouring counties are greatly prejudiced against
the said Wm. Palmer, and eager for his conviction and
nunishreent, and I verily believe passing by the considera-
tion of the question whether he can by evidence be
proved to be guilty of the crimes with the commission
which ha i 3 charged ; and 1 verily believe that such
prejudiced feeling has been raised to such an extent as
to incapaeitaie the persons under its influence from
freely and properly teeing the duty of jurors in the
case in which the said William Palmer is charged as
aforesaid.
8. I say that many of the paragraphs that have appeared
in the said papers as aforesaid are false, and have contained
bgross inisrepiesenratioue, and have, as I firmly believe,
een written for the purpose of prejudging the case, and
abusing the public mind.
9 I believe, amongst a very great number of persons in
the e sunty of Stafford, Warwick, and neighbouring coun-
ties, the people generally are kept in a state of excitement
and prejudice against the said William Palmer by the
various articles which have from time to time appeared in
the newspapers.
10. I do not believe that the said William Palmer could
have a fair and impartial trial at Stafford, Warwick, or
in any of the midland-counties, owing to the prejudice
which exists as 8.}., me stated.
11. I say that Mr. Deane, the solicitor for the insurance
office, and who conducted the inquiry before the Coroner
on behalf of the Crown, in the case of Anne Palmer and
Walter Palmer, infornied me that he thought there Was
great prejediee in the minds of the inhabitants of Stafford
and surrounding counties, and he believed en impartial
tiiel could not be had in the county of Stafford or any
surrounding county.
rim these two aMdavits he asked their lordships, for
the sake of justice, and not for the sakelof the individual
concerned, to grant the application. Their lordships,
he apprehended, had the power of doing so ; and he
thought their lordehips would not call on him for au-
thorities in support of his motion.
Lord Campbell—There can be no doubt that the
(neva has the right to grant a certiorari, and remove an
indictment from an inferior tribunal into this court.
Mr. Sergeant Wilkins said that all be asked for was
a s -rtioror; to bring up tha inquisitions and depositions in
tL case preparatory to his asking for a trial at bar.
Lord Canaphell—The Court will hear what you have
to say in support of your application,
Mr. Sergeant Wilkins said what ceuld be urged in
favatic of the application was contained in the affidavits,
sual to them he directed their lordships' attention. The
tret, that of Wm. Primer, stated the facts, which seemed
te; him (Sergeant Waking) !sufficient to justify the pre-
sent application, and wherein it was stated that. the
Holiritor for the prosecution had asserted that it was his
oeneiction that so much excitement and prejudice would
be excited against the prisoner that be did not think
he could obtain a fair trill at Staffird or in the neigh-
bourhood. If he (Sergeant Wilkins) addressed their
lordship till to-morrew morning he did not think ho
eftafki urge anYthing stronger in favour of the applies-
tior, Oulu that contained in the affidavits, of William
Palmer, and l!nr. Smith, his solicitor. Their lordships
-would observe that it was stated in one of the allega-
tion's contained in one of the affidavits, that if the trial
took place at Stafford, or in the county, it would cost
the prisoner 1,000/, to insure the attendance of scientific
men to meet the statements on the other side ; whereas,
lithe trial took place in London, the expenses would be
small. Ile could not, of course, ask their
colep ratively.
lordships to take notice of the extrajudicial notice of
aV.enipts that had been made of a disgraceful nature to
-affect the public mind.
Lord Campbell (after a short consultatiOn with the
other learned judges)—Do you confine your application
to the inquisitions of the coroner and the depositions, or
extend it to any indictment or indictments that might be
returned by the grand jury of the county of Stafford
against the prisoner

Mr. Sergeant Wilkins said he would extend his ap•
plication to that also.

Lord Campbell said it appeared to him indisputable
it should extend to that, or the court could not inter-
fere, because the rads of justice could not be answered
without it.

Mr. Sergeant W.
liking said be
.cents also. In
cu would extend bis
t
motion to the bringing up the indictments
eases oi felony applications of t hisdesoription were in
the nature of a rule 4i3e: to show cause.
)fr. Justice Wightimaza—Would there
be time to
answer ilia rule this term. ?
11Ir. 'Servant Wilkins. said the Court might grant 21-
1. t, I a absolnteinthe.firat Instance.
Lord ' Campbell 'sal,il that without the Court
ucaated a rule thelrial taust take place at Stafford, be
c.,:tiolge, unk...ss they brougTit the indictment before theta
by (?rticrari, they had no power to interfere. lizving
tike right to grant the ce7 tiorct,';, and baying the indict-
ments before them, he cc Ixteeived they could order, the
trial to take place in An j • county of England where the
ruin of justice might req. Zito it. .

Ir. Wilkins said that was what he aged
their lordships to do. Ero thought it 11 no mean, im-
probable that the Crow; 1 would anent to the course
be2nß. adcioted L asked a the present state of things.
1.-.4 411 Campbell said tki p re^licrari coned not bring the