The Sun.
London, England, 1856-05-28 00:00:00

The jury havizig heen.ealled over and answereato 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 en 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 evidenoe 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. Thera is also evidence from which it
may be inferred that he drew a check in the name of
Cook upon 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
C.mk's death he would become possessed of the horse
Polestar, and you hale 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 fur Cook's advantage
only and from which the prisoner derived no benefit,
and 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
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
contrary, that they believed that the symptoms de-
scribed were such as might be expected from the use of
strychnine—that, comparing these symptones with
natural tetanus, they did not correspond, but they- did
with those brought on by strychnine. Then with
respect to the statement that no strychnine
was found in the body is one entirely ' for your
consideration ; but there is no point of law by
which poison must be found in the body of a deceased
and
nw
poison
ohasdiedfrnoomt administrationbeing
engfound ic
n o
ok?:
bodypois by
Professor respecting
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-
son among the number, who stated that under certain
circurnetnneou strychnine cannot be _found in the human
body ; and you have the evidence of Professor Taylor
and Dr. Rees, who experimented on animals destroyed by
strychnine, that they were unable to find it in the bodies
of those animals by resorting 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 person to whom
it is administered, and the manner in which it is adminis-
tered, but that in many instances a greater space of time
occurred between the ingestion of the poison and death
in human beings than in animals.
Mr. Sergeant Shoe —That's not in evidence, my lord.

Lprd Camph:ll—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 tberehream justified in using
it.

Mr. Sergeant Shee shook his head.
Lord C impbell—There being no blood found in the
heart on the post mortem examination appears to be re-
lied on by the prosecution, 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
heart, but if by spasms of the heart it contracts, the
blood is expelled and none is found in it. And the evi-
dence shows that in two instances it has proved to be the
case in the human subject. Under these circumstances
you have to look at the evidence of the prosecution which
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 and that of Lavinia Barnes, it
produced the same symptoms on her as it did on Cook.
You have evidence of antimony being found in the de-
ceased's body, which shows that tartar emetic, which
produces vomiting, had been administered to him, but
from what source and for what purpose you are to say.
Then you have the evidence that the prisoner procured
strychnia 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 Cook's death, without con-
sidering whether it was such as was consistent with the
conduct 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 theprisoner. Then, again,
in trying to bribe the postboy to overturn the fly in which
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
Rugeley, and getting him to open a letter from Fir
Taylor, after 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 for 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 ct:Teisting of medical
evidence, and the second as to the fact. ://itt regard
to the former a number of gentlemen of the higL't
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
evidence of the defence commencing with Dr. Nunnely's.
It will be recollected that Mr. Nunnely was the person
who discovered the strychnia in the Leeds case, and also
in the body of a person named 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 more
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
liound 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 ant 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 attaches 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 bad .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. But 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 had it la of icloce izt the two of where Drs
•

[PRICE 4D. STAMPED SD.

ITaylor and Dr. Rees had administered strychnia to th
animal- experimented upon the poison had not been
found. We next have the evidence of Dr. Rogers, a
peofessor of chemistry in the St. George's School of
Medicine, who had experimented upon decomposed
animal matter and had discovered the poison, as the jury
would recollect when they heard Ws evidence read to.
them. [His lordship here read the evidence.] Accord-
ins to this evidence, where the strychnia had been mixed
with impure matter it, ought to have been discovered.
The next witness was Dr. Henry Lethehy, a bachelor of
.medicine 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 further 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
it would be for the jury to say whether proper means
had been taken to discover the poison. Then Dr.
Gay 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
till thel4th day, when he died. [rids evidence was read.]
It stated that an omnibus conductor was brought to the
witaess 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 Ce•ds. The evidence that has- been 'given, I
think, goes to show that the case of death was no more
idiopathic tetanus than traumatic. Then they bad 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, or. the body of Cook. At
the conclusion of the reading of the evidence of this wit-
ness, his lordship aid—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 his 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, a
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 h's'l 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 substance, 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
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.
Tee 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 arachnitis. 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. M'Donald was next examined.
[The evidence given by this gentleman was then read;
it stated that he had been called to a case, that of Cathe•
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. lie 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 spots spoken
to might have also caused death. He stated that he had
known cases of epilepsy where the patient was well the
next day, after an epileptic attack.] Tho reading of the
evidence having been finished, his lordship remarked—
You see, gentlemen of the jury, the length to which this
witness goes—he adopts a new term of disease, epileptic
convulsions with tetanic complications, and, accord-
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 either of traumatic or idiopathic teta-
nus, it b )re not the least reference to the symptoms of Cook.
Dr. Robinson was then examined with a view of
showine that Cook's death might have arisen from epi-
leviy ' • 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 bear out the inference that he died from
epilepsy, as he retained his consciousness to the last.
Dr. Richardson was the last medical witness examined,
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 resembled the symptoms
of strychnia, that had he spoken to this examination,
that, if at the time he had known a-, much about strych-
nia as he did no,r, 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,
cf course you will give a verdict in favour of the
prisoner, but if on the other hand you should be of a
contrary opinion, and you think that the deadly poison
was administered by the prisoner to the deceased, it
will become your bounden duty to return a verdict
accordingly. His lordship having alluded to the evidence
given by Dr. Pemberton said—l 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.
-Upon the re-assembling of the Court his lordship said—
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 p dice 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 bunting, which proved
deceased to have been in good health at that time.
The learned judge then went through the evidence of
the witness Sergeant, 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.
Ho was most material in determining one
part of the case, and it will be for you to
say what faith can be placed in what he has said. His
lordship than went through the whole of the evidence,
which spoke of the pills, upon the Monday night, and
about the state of the deceased's throat when dressed by '
Thirlby. Gentlemen, you have heard the account which
this witness has given of his handwriting to the docu-
ments upon the subject of Walter Palmer's life. He
admitted to you that he received 51., and it is for you to
say whether he did not receive that for having
attested the policy upon Walter Palmer's life ; if you
believe this, you will say what reliance you can place
upon his veracity. You can find that he knew that for
six years Walter Palmer had been a penniless man.
Again, take the transaction he was engaged in with the
life of Bates. He knew the condition of the man,
and yet he tried to effect an insurance for
10,0001. upon his life. Could they doubt
fo' st he got himself made an agent for the purpose of
ist whether
that view. It will be for you to
forsvaro;:'g say
in such
you can geliee a man whom you find engaged
most einmgpaogretiant, as it
transactions. His' evidence
proved, if believed, that the p'llswmasade by Dr. Bamford on
the Monday night could noi:llla_ve been interfered with by
y Cook before Palmer could
Palmer, as they were taken
get at them. His lordship then r.,.."ad the letter upon
, racing matters which had been put in at the close of the
defence to show that the prisoner and ceeeeased were
connected in business matters. He had now gore, through
the whole of the evidence, and it was for them ;...-0 say
how far it affected that upon the part of the Cro‘e'n.
The important question was, were the symptoms of the
deceased's; death consistent with death by strychnia,
end if so was it changed
..y. the medical
dence given for the defenceit: --Prisoner's witnesses
agreed that Cook's symptoms were those of strychnine,
although they could not account. „for its .absence
after death. Then with regaed. 'to the facts,
there was a difference about --the brandy and
water • supposed to have been dosed, and the
evidence of Jeremiah Smith respecting the return of
prisoner to Rugeley upon the Monday night, and it was
fur them to say whether that altered the opinion
which the previous evidence would have upon their
minds as to the prisoner's conduct. There was the fact
of his eagerness to get the body disposed of. No answer
had been given to that, nor yet with regard to
the absence of the betting book and the prisoner
tampering with the coroner, and bribing the post-
boy. Then, above. all, there. was no explanation
as to what had 'become of the `strychnine purchased
by the prisoner. The case was before them, and
unless they thought that clear conviction was brought
to their minds as to the prisoner's guilt, it was their
duty to acquit him. They were not to proceed upon suspi-
cion, or even strong suspicion, but there must be strong
conviction intheir paindo, and if theta was au rem° uablo
-',, •

..64°
.0/ e
' doubt, give the prisoner the benefit of the doubt ;
they came to a clear conclusion as to his guilt, they - "\44,-
were not to allow any suggestions made by the deft itc. S
to deter them from doing their duty. They were to re-
member the oath which they had taken, and upon
that act. The learned judge, who was moved to tearer
added, in conclusion, "And may God direct you to a
right verdict."
Sergeant Shea submitted to the Ccurt that the ques-
tion whether the symptoms were consistent with stryche
nia ought to have been submitted.
Lord Campbell—l have told the jury, unless they
think the symptoms described agree mail the supposie
tion that the deceased died from strychnine, and, cone
siatent with the facts, that they ought to acquit the
prisoner.
Mr. Baron Alderson said that had been stated in the
speech.
After some further remarks from Mr. Sergeant Shee,
- -" " jury that not only must they
'euee.atisuee. ~.ernptoms described agreed with
the supposition that deceased died from strychnia, but
that it was administered by the prisoner.
It was then 20 minutes past two, and the jury retired,
and having been absent until 25 minutes to four, res
turned into court.
The prisoner, who had retired below, was then
brought up, and again placed at the bar. He seemed
perfectly calm.
The jury having answered to their names,
Mr. Straight put the usual question—Are you agreed
in your verdict; do you find the prisoner guilty or not;
guilty ?
The foreman said, in a firm tone of voice, we,find the
prisoner guilty.
The crier of the Court (Harker) then made the usual
proclamation commanding silence to be kept whilst the
sentence of death was being passed.
Their lordships having put on their black caps,
Lord Campbell, in a voice that at times was scarcely
audible, said—William Palmer, you have, after a long and
impartial trial, by a jury of your own countrymen, been
found guilty of the crime of wilful murder, and with that
verdict my learned brothers, who have watched the trial
with the utmost anxiety throughout, and myself, entirely
agree. A case like this is attended with such circum-
stances that it is doubtful whether this is your first crime
or not—that is known only to God and yourself. Thera
can be no doubt that you were, from long expe-
rience, intimate and familiar with the means of
death. For this offence you must prepare
to die. You must not look for or expect any mercy in
this world, but by prayer seek to obtain it from another
tribunal. You have, at your own request, and by an
act of Parliament passed on purpose, been tried at this
Court ; and this Court has the power to order you to be
executed either at the place of execution pertaining to
this gaol, or remove you to the county where
your crime was committed. We think for the sake of
public example that it ought to take place in the
county of Stafford, and I hope that the terrible ex-
ample will deter others from sash atrocious crimes, and
show that whatever art. caution, or experience is
exercised to prevent the discovery of such crimes, and
that however secret or destructive such poisons may be,
it is ordained by Providence, for the safety
of its creatures, that there should be means
of detecting those using them. I again implore
of von to prepare for the awful change which you
are about to undergo. Ido not wish to harrow
your feelings by entering into the d-tails of this
horrid case, but shall content myself with passing upon
you the sentence of death, and that it that you be taken
from where you are now standing to the gaol of New-
gate, and from thence conveyed in custody to the gaol of
Stafford, and from thence to the place of execution, and
there to be hanged by the neck until you are dead, and
may the Lord have mercy upon your soul, and that
after death your body be buried within the
precincts of the gaol from whence you were taken.
The prisoner did not seem at all affected while the
awful sentence was being pronounced, but, on the con-
trary, there was evidently a s )rt of sneering expression
on his countenance. The moment the Chief Justice had
concluded, he turned round and walked hastily away
fie m the eink and descended the staircase leading to the
prison.
The Lord Chief Justice then addressed the jury, and
said he hail to tender them his most sincere thanks for
the manner in which they had performed the arduous
duty that had been cast upon them. They were, most
of them, no doubt engaged in business, and the long de-
tention they had undergone must have caused them very
considerable inconvenience, if not loss. He could only
hope that they would he rewarded by the approbation
of their own consciences and the approval of their
country.
Mr. James then applied to the Court to order that
all the forged bills that had been produced should be
impounded and placed in the charge of the officer of the
court.
The Lord Chief Justice said—Let it be done. His
lordship then said he thought it right, before the Court
separated, to express his thanks to the sheriffs for the
admirable arrangements they had made for the preserva-
tion of order and regularity during this important trial.
Everything was done that could be required ; and he
begged to tender his thanks to them and to the City of
London for the pains they had taken to preserve order.
The proceedings of this most extraordinary trial ought
not to be brought to a close without an acknowledgment
of the great politeness and assistance rendered by the
under-sheriff,, Messrs. Stone and Rose, to the represen-
tatives of the press. They had, as may well be imagined,
very arduous duties of their own to perform, but still
they did everything that was possible to give the re-
porters all the facilities that were practicable, and gave
the most prompt attention to any just complaints that
were made to them. It was observed by those who have
been present upon the occasion of many important trials
that there was never so little confusioe or inconve-
nience experienced, t iking into consideration the ex-
citement and interest felt in -the inquiry as on the pre-
sent occasion.
Before the judges left the court they signed a warrant
for the removal of the prisoner to Stafford Gaol, and an
order to the sheriff of that county to carry out the sea-