The Sun.
London, England, 1856-05-27 00:00:00

THE SUN, LONDON, TUESDAY EVENING, MAY 27, 1856.

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THE RUGELEY POISONINGS.

with impure matter it ought to have been discovered.
The next witness was Dr. Henry Letheby, a bachelor of
tiedicino in the London Hospital. This gentleman
stated that he had paid great attention to the action of
poison on living bodies ; and in his evidence he stated
that in the account he bad heard of Cook's death there
was nothing which differed from death by tetanus caused
by strychnia, ; and he farther stated that the symptoms
of Cook's death were quite irreconcileable with anything
he had ever heard. The evidence of Dr. Letheby was then
read. At its conclusion his lordship said—Dr. Letheby
no doubt spoke sincerely. He was a skilful scientific and
honourable man, and he stated that where strychnine
had been administered he should expect to find it, and

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TRIAL OF WILLIAM PALMER.

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CENTRAL CRIMINAL COURT (THIS DAY).

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E. Count.
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TWELFTH DLL
The Court opened this morning at 10 o'clock. The
same intense inter -st was manifest both within and
without the court as on yesterday as to the result of the
trial. By 9 o'clock that portion of the court approl
priated co the public- was densely crowded, and there
were several gentlemen and noblemen on the bench at
that early hour.
The jury entered the court shortly before 10 o'clock,
and on their Lordships' arrival the prisoner was placed
in the dock. His appearance is much the same as it
was at the cbmlnencernent of the trial. There is, how-
ever, a slight shade of sadness in his expression, but no
traces of that anxiety and deep mental suffering to be
expected in a man charged with such a dreadful crime
and with his life in such imminent danger. During the
continuance of the summing np to-day, notwith-
standing the strong remarks of Lord Campbell
with reference to the damaging points of evidence
against the prisoner, he presented that coolness and
indifference he has all along exhibited in a most re-
markable and extraordinary manner. He repeatedly
took notes of the summing up, with the deliberate and
systematic manner of a person ordinarily interested in
the case, and when any particular point struck him he
communicated it in writing to his counsel. It was done
in a quiet easy manner, devoid of all kind of display, and
not with the intention. of attracting the notice of the
public.
The jury having been called over and answered to their
names,
Lord Campbell, who was again very inaudible, said—
Gentlemen of the Jury, —At the adjournment of the
Court last evening I finished the task of laying before
you all the evidence on the part of the prosecution, and
certainly it does present a serious case against the pri-
soner, if unanswered. It appears that in the middle of
November the prisoner was involved in pecuniary diffi,
culties of the most formidable nature. He had engage-
ments to perform which he was unable to meet without
the most extraordinary exertions. He had to make pay-
ments for which he was unprepared, and ,an action had
been brought against him and his mother on a forged
bill of exchange. He had no credit, and he had no pro-
perty on which money could be raised. It so happened
that on the 13th of November the deceased became pos-
sessed of 1,0001. by the winning of his horse Polestar,
and there is evidence from which the inference may be
drawn that the prisoner framed the design of appro-
priating his money to his own use. He took means to
accomplish that object, for you will find that he appro-
priated his money to the payment of debts of which he
alone was liable. There is also evidence from which it
may be inferred that he drew a check in the name of
Cook npon Weatherby which was a forgery, in order
to obtain part of the money belonging to Cook. This was
in Weatherby's hands, and you have the further evi-
dence that he employed Fisher to collect Cook's money
and apply it to his own use. It also appears that from
Cook's death he would become possessed of the horse
Polestar, and you have the evidence of his having fab-
ricated a document which was to be produced, to the
effect that certain bills of exchange on which they were
jointly liable were negotiated for Cook's advantage
only and from whieli the prisoner derived no benefit.
was brought forward after Cook's death. If, however,
Cook had survived, that fraud must have been exposed,
and the prisoner punished. It is said that, with respect
to the joint liability of Cook and Palmer, that by Cook's
death it must all be thrown on him. That was rather
a distant object, for i Palmer got possession of all Cook's
property by this means he would not be a sufferer by
his death. As to the important question, whether Cook
_ _

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it would be for the jury to say whether proper means
had been taken to discover the poison. Then Dr.
may was called, and he detailed a decided case of
tetanus. It was that of a labouring man. He stated it
was a case of idiopathic tetanus. The man was kept alive
ill thel4th day, when he died. [Trig evidence was read.]
It stated that an omnibus conductor was brought to the
witness suffering from catarrh. On the fourth day stiffness
of the jaw came on, and on the 14th day the man died.
He had been suffering from a sore throat.] His lordship
said—Here is a case of idiopathic tetanus, and it would
be for the jury to infer what analogy there was with the
case of Cook. The evidence that had been given, I
think, goes to show that the case of death was no more
idiopathic tetanus than traumatic. Then they had the
evidence of Dr. Brown. [His lordship here read the
evidence, which went to show that the case spoken to
was one of tetanus in which there had been syphi-
lis, but there were wounds of old standing in dif-
ferent parts of the body.] It will be recollected
that there was none of these wounds, according to the
evidence for the prosecution, on the body of 'Cook. At
the conclusion of the reading of the evidence of this wit-
ness, his lordship said—Here is a case of tetanus, but I
don't know why it is brought forward, but in this case it
will also be for you, gentlemen, to draw your own
inferences. There were wounds of old standing on
the body of this man, but this was not the case
with Cook; there were no wounds on hid' body, and
in this case the symptoms so nearly represented
those produced by strychnine that its presence was
actually suspected. They had the evidence of the house
surgeon in the same point, and then Mr. Rightson,
pupil of Liebig. The evidence of this witness was then
read, and it stated that the witness had been employed
by the Crown to make several analyses. He was of
opinion that strychnine ought to have been de-
tected, as he had himself discovered it both in
a pure and impure state. The witness also stated
that he had discovered the poison in the blood of both
cats and dogs that had been killed by the poison, and
he was of opinion that strychnine did not decompose in
the act of poisoning, or in the entering into the circula-
tion ; and in that opinion, he stated, he was decided.
The witness went on to say it might possibly change
into some sub3tance, but he should still be able to detect it.
The most minute portions of strychnine, in the opinion
of this gentleman, ought to be found. At the conclusion
of the reading of the other portion of this gentleman's
evidence, his lordship said—This gentleman says that
strychnine does not undergo decomposition, and he gave
his evidence in such a manner as to merit the highest
commendation from the Court ; at the same time it was

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important to observe that when a full dose was taken
he could, not tell if it was finally deposited in the blood
or tissues upon reaching the point at which it kills.
The evidence of Dr. Partridge, a gentleman of the high-
est ability, went to show that death was produced by an
attack of arachnitis. The evidence was read at length by
his lordship, who observed—lt appears to be the opinion of
this gentleman that Cook died in a spasm, but that spasm
did not arise from arachnids. Dr. Gay was then ex-
amined. This gentleman detailed a case of tetanus
which he had under his care. It was of a boy, in
whom tetanus was caused by the smashing of the
second toe. [The evidence was here read.] I do
not think that this case bears the slightest analogy
to Cook's case. Dr. IWDonald was next examined.
(ripe evidence given by this gentleman was then read;
it stated that he had been called to :tease, that of Catho•
rine Watson, in one of the hospitals in Edinburgh, in
which strychnine had been taken by mistake. In that
case he found the body arched and rigid, but the
patient, however, recovered. Tie also attributed
Cook's death to epileptic convulsions with tetanic
complications. He had also, he stated in evidence, seen
two cases of idiopathic tetanus ; and, in answer to ques-
tions put to him, he said he never knew a person dying
of epilepsy retaining his consciousness till death actually
took place. He further states that it was within the range
of probability that mental or sensual excitement might
have caused Cook's death, or that the white sputa spoken

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might be supposed to have died from natural disease. or
from poison, you have heard the evidence of Sir Ben-
jamin Brodie and other most honourable and able men
in the profession, who said that, in their opinion, he did
not die of natural disease—that they knew of no natural
disease that would account for those symptoms under
which Cook laboured previous to his death ; but, on the

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contrary, that they he'ieved that the symptoms de-
scribed were such as might be expected from the use of
strychnine—that, comparing these symptoms with
natural tetanus, they did not correspond, but they did
with those brought on by strychnine. Tnen with
respect to the statement that no strychnine
was fotind in the body is Brie entirely for your
consideration ; but there is no point of law by
which poison must be found in the body of a deceased
person who has died from the administration of poison ;
and respecting poison not being found in Cook's body by
Professor Taylor and Dr. Rees, who analysed the con-
tents of that part of it which was forwarded to them,
you have witnesses of great reputation, and Dr. Christi-
so i among the number, who stated that under certain
circumstances strychnine cannot be found in the human
body ; and you batik) the evidence of Professor Taylor
and Dr. Rees, who experimented on animals destroyed by
strychnine, that they wera unable to find it in the bodies
of those animals by rescrtiug to the same method of de-
tection that they employed in examining the body of
Cook, and in which no strychnine was found. With re-
gard to the length of time between the alleged adminis-
tration of the strychnine and the time the symptoms
appeared, the evidence seems to lead to this conclusion,
that much depends on the state of the pereon to-whom
it is administered, and the manner in which it is adminis-
tered, but that in many instances a great space of time
occurred between the ingestion of the poison and death
in human beings than in animals.
Mr. Sergeant Shee—That's not in evidence, my lord.
Lord Campbell—lt was agreed on both sides in the
course of the trial that reference might be made by the
witnesses to known cases of medical writers bearing on
the case, and in the works referred to that principle
was acknowledged, and I therefore am justlfied in using

••• ...... ...

1136 --
140

to might have also caused death. lie stated that he had
known cases of epilep y where the patient was well the
next day, after an epileptic attack.] The reading of the
evidence having been finishedAbis lordship remarked—
you see, gentlemen of the jury, the length to which this
witness goes—be adopts a new term of disease, epileptic
convulsions with tetanic complications, and, accord-

155 - 160

• •• •• •

ing to his opinion, the disease might arise from
mental or sensual excitement, and it will be for you,
gentlemen of the jury, to say what amount of importance
you will attach to this part of the case. Dr. Gay was
next examined. The evidence was read at length ; and,
at its conclusion, his lordship remarked that, whether
the case was one of either traumatic or idiopathic teta-
nus, it bore not the least reference to the symptoms of Cock.
Dr. Robinson was then examined with a view of
showing that Cook's death might have arisen from epi-
lepsy ; but before the gentleman could give such an opi-
nion, he stated it would be necessary to ascertain the
absence of strychnine. Now, the symptoms in Cook's
case did not hear out the inference that he died from.
epilepsy, as he retained his consciousness to the last.
Dr. Richardson was the last medical witness .exarnined,
and this gentleman thought that death might have been
caused through angina pectoris, and he stated that in
the cases he had seen they so roornbled the symptoms
of strychnia, that had he spoken to this examination,—
that, if at the time he had known as much about strych-
nia as he did now, he might have been led to sus-
pect strychnia being present in those instances. Now,
gentlemen, continued his lordship, if you should come to
the conclusion that strychnia was not given to Cook,
of course you will give a verdict in favour of the
prisoner, but if on the other hand you should be of a
c:intrary opinion, and you think that the deadly poison
was administered by the prisoner to the deceased, it
would become their bounden duty to return a verdict
accordingly. His lordship having alluded to the evidence
given by Dr. Pemberton, said, I have now gone through
the whole of the medical evidence, and think it will be
better if the Court at this point adjourn for a short time.

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Mr. Sergeant Shoe shook his head.
Lord Campbell—There being no blood found in the
heart on the post mortem examination apocar3 to be re-
lied on by the proQecution, and the result is this, that
if death be produced by the obstruction of the respira-
tory organs producing asphyxia blood is found in the

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98 - 102
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heart, but if by spasms of the heart it contracts, the
blood is expelled and none is found in it. And the evi-

dente shows that in two instances it has proved to be the
case in the human su!ject. Under these circumstances

• • • .'" .0.

you have to look at the evidence of thfiiirosecntionWhich
goes to show that the prisoner first tampered with
his victim by administering to him something in' his
brandy and water, and in broth, the latter
of which was partaken of by the female Mills, and, ac-
cording to her evidence arid that of Lavinia Barnes, it
produced the same symptoms on her as it did on Cook.

li 1 2i

= 441

You have evidence of antimony being found in the de
ceased's body, which shoats that tartar emetic, whicl
produces vomiting, had been administered to him, but
from what source and fer what purpose yon aro to say.
Then you have the evidence I hat the prisoner procured
s'rychnia on the Monday and Tuesday nights, but for
what purpose had not been shown; neither had the pri-
soner attempted to impeach the evidence of the
witnesses in respect of it. What was the inten-
tion ? what was the application of it ? No ex-
planation had been given of it, and it was impos-
sible not to pay attention to the conduct of the prisoner
at the bar, in reference to Cock's death, without con-
sidering whether it was such as was consistent with the
c induct of a guilty or an innocent man. He was most
eager that the body should be fastened down in the
coffin, and with regard to the deceased's betting.book
' you have evidence from which you may infer that the
betting book was abstracted by the prisoner. Then, again,
in trying to bribe the poetboy to overturn the fly in Chieh
was the jar containing the parts of the body for analy-
sation, and we might conceive the evidence of his guilt
when we find him tampering with the Postmaster of
Rugetey, and getting him to open a letter from Dr.
Taylor, of he had examined. the contents of the Jar, to
Mr. Gardiner, the attorney for the prosecution. We
also find the prisoner tampering with the coroner to in-
duce him to procure a verdict from the coroner's jury
that would amount to an acquittal. These are serious
matters fur your consideration, and you, and you alone,
must say what inference is to be drawn from
them. If they are not answered satisfactorily
by the prisoner they present a serious case against him ;
but if you are satisfied that they are, you will, of course,
find that the prosecution has failed to make out its case.
The answer which the prisoner has given to the charge
consists of two parts ; the first consisting of medical
evidence, and the second as to the fact. With regard
to the former, a number of gentlemen of the highest
honour, unsullied integrity, and of profound scientific
knowledge, have come forward with a sincere desire to
speak the truth, and to bring the investigation to a
proper issue ; but it is for you to say whether, from
their manner in the witness-box, either of them had
changed the character of a witness into that of an advo-
cate—for, if so, such conduct was reprehensible in the
extreme. The learned judge then proceeded, and read the
evidenceof thedefenco, coininencing withDr.Nunnely's.
e, and also:
It will be recollected that Mr. Nunnely was the person
who discovered the strychnia in the Leeds cat
in the body of a person nanted Waterhouse. He de-
tailed at great length the tests be applied to discover the
strychnia in both cases. In his evidence he further
stated that in the case he had seen there was not inure
than the ordinary amount of rigidity ; and another im-
portant part of the statement of Mr. Nunnely was that
on the post mortem examinations he had invariably
found the heart full after death. This circumstance dif-
fers from the state of the heart of Cook, as it was found
empty. At the conclusion of the evidence his lordship
said—l am sure you will give your most serious attention
to the facts mentioned by this witness, as they differ
materially from the medical evidence for the prosecution.
He states there was no more than the ordinary amount
of rigidity after death, and he also attaohes great impor-
tance to the heart of Mr. Cook being found empty, I
now come to the evidence given by Mr. Herapath. His
lordship, having read it at length, said—Mr. Herapath
is a skilful chemist, and he differs with Mr.
Nunnely as to -the rigidity of the body after
death. In the cases he had seen the bodies of the
animals were found perfectly rigid, and he also was of
opinion that had strychnine been administered it ought
to have been discovered. Bet he had given an opinion
even in this case to the effect that there might have
been strychnine present, and Dr. Taylor and Dr. Rees
might not have taken the prOPer means to discover it.
But they bad it in evidence in the two cases where Dr.
Taylor and Dr. Rees had administered strychnia to the
animal experimented upon the poison had not been
found. We next have the evidence of Dr. Rogers, a
the St. George's School of
professor of chemistry in
Medicine, who had experimented upon decomposed
animal matter and had discovered the poison, as the jury
would recollect when they heard his evidence read to
them. [His lordship hers read the evidence.] Accord-
ing to this evidence, where the strychnia had been mixed

Upon the re-assembling of the Court, hislordshipsaid
I have now gone through the whole of the medical evi-
dence for the defence, and shall proceed to that portion
of it that relates to the other part of the defence, and
went through the evidence of the yilice inspector as to
the time the train left London for Rugeley, and
also that of the publican, who spoke of Cook belong-
ing to a cricket club, and his hunting, which proved
deceased to have been in good health at that time.
The learned judge then went through the evidence of
the witness Sargeant, and asked them if they thought
that Cook was in bad health. He now came to a most im-
portant witness, that was Mr. Jeremiah Smith
—be was most material in determining one
part of the case, and it would be for you to
say what filth can be placed in what he has said. His
lordship then went through the whole of the evidence,
which spoke of the pills, upon the Mori.lay night, and
about the state of the deceased's throat when dressed by
Thurl by. Now they had heard the evidence this man gave,
and they would say whether a man who had been mixed up
in such transactions was worthy of belief. His Lord-
ship had now gone through the whole of the case,
and the question for the jury would be to say if
the deceased had died from strychnia, and if that
had been administered by the prisoner.
_

Ills lordship had just closed the case for the prosecu.
tion, and the jury retired when this edition went to press,