“I assume,” said the witness, “that Cook was a man of very delicate constitution; that for a long time he had felt himself ailing, for which indisposition he had been under medical treatment; that he had suffered from syphilis; that he had disease of the lungs, and an old standing disease of the throat; that he led an irregular life; that he was subject to mental depression and excitement, and that after death appearances were found in his body to show this to have been the case. There was an unusual appearance in the stomach. The throat was in an unnatural condition. The back of the tongue showed similar indications. The air vessels of the lungs were dilated. In the lining of the aorta there was an unnatural deposit, and there was an unusual appearance in the membranes of the spinal marrow. One of the witnesses also said there was a loss of substance from the penis. That scar on it could only have resulted from an ulcer. A chancre is an ulcer, but an ulcer is not necessarily a chancre. The symptoms at the root of the tongue and throat I should ascribe to syphilitic inflammation of the throat. Supposing these symptoms to be correct” (which they were not), “I should infer that Cook’s health had not for a long time been good, and that his constitution was delicate. His father and mother died young. Supposing that to have been his state of health, it would make him liable to nervous irritation. That might be excited by moral causes. Any excitement or depression might produce that effect. A person of such health and constitution would be more susceptible of the injurious influence of wet and cold than one of a stronger one. Upon such a constitution convulsive disease is more likely to supervene. I understand he had three attacks on succeeding nights, occurring about the same hour. As a medical man I should infer from this that they were of a convulsive character—in the absence of other causes to account for them. Convulsive attacks are as various as possible in their forms and degrees of violence: it is not possible to give a definite name to every convulsive symptom. There are some forms of convulsion in which the patient retains consciousness. Those are forms of hysteria, sometimes found in the male sex. It is also stated that there are forms of epilepsy in which the patient retains consciousness.”

To Lord Campbell.—“I cannot mention a case in which consciousness has been retained during the fit. No such case has come under my notice.”

Examination continued.—“I know from reading that, though rarely, it does sometimes occur. The degree of consciousness in epilepsy varies very much. In some attacks it is wholly lost for a long time. Convulsive attacks are sometimes accompanied by violent spasms and rigidity of the limbs—they sometimes assume tetanic complexion. I agree with Dr. Copland that convulsions arise from almost any cause. Affections of the spinal cord, or eating indigestible food, will produce them. I know of no case in which they resulted from retching and vomiting. I agree with Dr. Copland that they sometimes end immediately in death. The immediate proximate cause of death is frequently asphyxia. Death from spasm of the heart is often described as death by asphyxia. I have seen convulsions recurring—in various cases. The time at which a patient recovers his ease after a violent attack of convulsions varies very much. It may be a few minutes, it may be hours. From an interval between one convulsion and another I should infer that the convulsions arose from slight irritation in the brain or the spinal cord. When death takes place in such paroxysms there is sometimes no trace of organic disease to be found by a post-mortem examination. Granules between the DURA MATER and the ARACHNOID are not common at any age. I should not draw any particular inference from their appearance. They might or might not lead to a conjecture as to their cause and effect. I do not form any opinion upon these points. They might produce an effect upon the spinal cord. There are three preparations in museums where granules are exhibited in the spinal cord, in which the patients are said to have died from tetanus. Those are at St. Thomas’s Hospital.[54] To ascertain the nature and effect of such granules the spinal cord ought to be examined immediately after death. Not the most remote opinion could be formed upon an examination made two months after death, more especially if the brain had been previously opened. Independently of the appearance of granules, it would not after that period be possible to form a satisfactory opinion upon the general condition of the spinal cord. If there were a large tumour, or some similar change, it might be exhibited; but neither softening nor induration of the structure could be perceived. The nervous structure changes within two days of death. To ascertain minutely its condition it is necessary to use a lens or microscope. That is required in an examination made immediately after death. I have attended cases of traumatic tetanus. That disease commonly begins with an attack upon the jaw. One of the cases of idiopathic tetanus that I have seen was my own child. In three of those cases the disease began with lockjaw. The fourth case commenced in the body, the facility of swallowing remaining. I have within the last twelve months made post-mortem examinations of two persons who had died from strychnia. I did not see the patients before death. In both cases I ascertained by chemical analysis that death had been caused by strychnia. In both I found the strychnia. In one case—that of a lady aged twenty-eight years—I made my examination forty-two hours after death, and in the other thirty hours. In the former case the body had not been opened before I commenced my examination.” [The witness read a report of this examination, in which it was stated that the eyelids were partially open, the globes flaccid, and the pupils dilated. The muscles of the trunk were not in the least rigid; indeed, they were so soft that the body might be bent in any direction. The muscles at the hip and shoulder joints were not quite so flaccid, but they allowed these joints to be easily moved; while those of the head and neck, forearms, &c., were rigid. The fingers were curved, and the feet somewhat arched. All the muscles, when cut into, were found soft and dark in colour. The membranes of the liver were exceedingly vascular. The membrane of the spinal cord was much congested. There was bloody serum in the pericardium; the lungs were distended, and some of the air cells were ruptured. The lining membrane of the trachea and bronchial tubes was covered with a layer of dark bloody mucus of a dark chocolate colour. The thoracic vessels and membranes were much congested, and the blood was everywhere dark and fluid.] After reading this report the witness continued:—“In the second case I made my examination thirty hours after death. I first saw the body about twelve hours after death. It was a woman somewhere near twenty years of age.” [The witness also read the report of the examination in this case. The appearances of the body were substantially similar to those presented in the previous case.] “In two other cases I have seen a patient suffering from over doses of strychnia. Neither of those cases was fatal. In one case I had prescribed the twelfth of a grain, and the patient took one-sixth. That was for a man of middle age. Strychnia had been given in solution. In a few minutes the symptoms appeared. They were a want of power to control the muscles, manifested by twitchings, rigidity, and cramp, more violent in the legs than in any other part of the body. The spasms were not very violent. They continued six hours before they entirely disappeared. During that time they were intermittent at various intervals. As the attack passed off the length of the intervals increased. At first their length was but a few seconds. The spasms were not combated by medical treatment. The other case was a very similar one. The quantity taken was the same—double what I had prescribed. I have experimented upon upwards of sixty animals with strychnia. Those animals were dogs, cats, rats, mice, guinea pigs, frogs, and toads. The symptoms of the attack in all animals present great resemblances. Some animals are, however, much more susceptible of its influence than others are. The period elapsing between the injection of the poison and the commencement of the symptoms has been from two minutes to thirty,—more generally five or six. I administered the poison occasionally in solution, but more generally in its solid state. It was sometimes placed dry upon the back of the tongue, and some fluid poured down the throat; sometimes it was enclosed between two portions of meat; sometimes mixed up with butter or suet, and sometimes rolled up in a small piece of gut. To frogs and toads it was administered by putting them into a solution of strychnia. I have also applied it direct to the spinal cord, and in other cases to the brain. The first symptom has been a desire to be quite still; then hurried breathing; then slavering at the mouth (when the poison had been given through that organ); then twitching of the ears, trembling of the muscles, inability to walk, convulsions of all the muscles of the body, the jaws being generally firmly closed; the convulsions attended by a total want of power in the muscles, which on the least touch were thrown into violent spasms with a galvanic-like shock. Spasms also come on if the animal voluntarily attempts to move; that is usually the case, but occasionally the animal is able to move without inducing a recurrence of the spasms. These spasms recur at various periods, but do not always increase in violence. The animals die after periods varying from three hours to three hours and a half. In the cases where the animals live longest, the paroxysms occur at the longest intervals. In all cases in the interval before death the rigidity ceases (I know no exception to this) and the muscles become quite soft, powerless, and flaccid. The limbs may be put in any position whatever. There is but little difference from ordinary cases of convulsive death in the time at which the rigor mortis comes on. I have destroyed animals with other poisons, and there is very little difference between the rigidity in their cases and that in the cases of death from strychnia. In the two women I have mentioned the rigor mortis was much less than is usual in cases of death from natural disease. I have known fatal cases of poisoning animals by strychnia in which there has between the first and the second paroxysm been an interval of about half-an-hour, but that is not common. I have examined the bodies of upwards of forty animals killed by strychnia. I have invariably found the heart full on the right side; very generally the left ventricle firmly contracted, and the blood usually dark, and often fluid. There is no particular appearance about the spine. I have experimented with other poisons upon upwards of 3000 animals, and have written upon this subject. It very often happens that in the case of animals dying suddenly from poisoning the blood is fluid after death. That also happens in cases of sudden death from other causes. I have attended to the evidence as to the symptoms exhibited by Cook on the Sunday, Monday, and Tuesday nights. The symptoms on Sunday night I assume to have been from great excitement. Cook described himself as having been very ill, and in such a state that he considered himself mad for a few minutes. He stated that the cause of this was a noise in the street. These symptoms in the three nights I have mentioned, do not resemble those which I have seen follow the administration of strychnia. Cook had more power of voluntary motion than I have observed in animals under the influence of this poison. He sat up in bed, and moved his hands about freely, swallowed, talked, and asked to be rubbed and moved, none of which, if poisoned by strychnia, could he have done. The sudden accession of the convulsions is another reason for believing that they were not produced by strychnia. Other reasons for believing that the convulsions were not produced by strychnia are their sudden accession without the usual premonitory symptoms, the length of time which had elapsed between their commencement and the taking of the pills which are supposed to have contained poison, and the screaming and vomiting. I never knew an animal which had been poisoned with strychnia to vomit or scream voluntarily. I apprehend that where there is so much spasm of the heart there must be inability to vomit. In the cases related in which attempts were made to produce vomiting they did not succeed. There is such a case in the 10th volume of the Journal de Pharmacie, in which an emetic was given without success. The symptoms exhibited after death by animals poisoned by strychnia differ materially from those presented by the body of Cook. In his case the heart is stated to have been empty and uncontracted.”

Lord Campbell.—“I do not remember that. I think it was said that it was contracted.”

Mr. Baron Alderson.-”According to my note, Dr. Harland said that the heart was contracted, and contained no blood.”

Examination continued.—“The lungs were not congested, nor was the brain. In the case of animals which have recovered the paroxysms have subsided gradually. I never knew a severe paroxysm followed by a long interval of repose. I have experimented upon the discovery of strychnia in the bodies of animals in various stages of decomposition, from a few hours after death up to the forty-third day, in which latter case the body was quite putrid. It has never happened to me to fail to discover the poison. I have experimented in about fifteen cases.”

Question.—“Supposing a person to have died under the influence of strychnia poison in the first paroxysm, and his stomach to have been taken out and put into a jar on the sixth day after death, must strychnia have, by a proper analysis, been found in the body?”

Answer.—“Yes. If the strychnia be pure, such as is almost invariably found among medical men and druggists, the test is nitric acid, which gives a red colour, which in a great measure disappears on the addition of protochloride of tin.[55] If the strychnia be pure, it does not undergo any change on the addition of sulphuric acid, but on the addition of a mixture of bichromate of potash, with several other substances it produces a beautiful purple, which changes to varying shades until it gets to be a dirty red. There are several other tests. In this case the stomach was not, in my opinion, in an unfavourable condition for examination. The circumstances attending its position in the jar and its removal to London would give a little more trouble, but would not otherwise affect the result. If the deceased had died from strychnia poison it ought to have been found in the liver, spleen, and kidneys. I have seen this poison found in similar portions of animals which had been killed by it. I have also seen it found in the blood; that was by Mr. Herapath, of Bristol.”

Question.—“Could the analyses be defeated or confused by the existence in the stomach of any other substance which would produce the same colours?”

Answer.—“No. Supposing that pyroxanthine and salicine were in the parts examined, their existence would not defeat the analysis. Pyroxanthine is very unlikely to be found in the stomach. It is one of the rarest and most difficult to be obtained. The distinction between pyroxanthine and strychnia is quite evident. Pyroxanthine changes to a deep purple on the addition of sulphuric acid alone, and the bichromate of potash spoils the colour. In strychnia no change is produced by sulphuric acid. It requires the addition of the bichromate to produce the colour.”

Question.—“Supposing the death to have been caused by a dose of strychnia, not more than sufficient to destroy the animal, would it be so diffused by the process of absorption that you would not be able by these tests to detect it in any portion of the system?”

Answer.—“No; I believe it would not. That question had occupied my attention before I was called upon to give evidence in this trial. My reason for stating that strychnia when it has done its work continues as strychnia in the system is, that those who say some change takes place, argue, that as food undergoes a change, so does poison; it becomes decomposed. But the change in food takes place in digestion; consequently its traces are not found in the blood. Substances like strychnia are absorbed without digestion, and may be obtained unchanged from the blood. They may be administered in various ways.”

Question.—“In your judgment, will any amount of putrefaction prevent the discovery of strychnia?”

Answer.—“To say that it is absolutely indestructible would be absurd, but within ordinary limits, no. I have found it at the end of forty days. The emptier the stomach, the quicker the action of strychnia.”

“The general dose in these experiments was from half a grain to two grains; half a grain is sufficient to destroy life in larger animals. I have seen both a dog and a cat die of this dose, but not always. Some animals as a species are more susceptible than those of a different species, and among animals of the same species some are more susceptible than others. The symptoms in the experiments I have mentioned did not occur after so long a period as an hour. We have had to repeat the dose in some instances when half a grain was given. In the case of a cat, symptoms of spasm were produced, but the cat did not die; she had not swallowed the whole dose. I think I have known animals of the cat species killed with half a grain.”

Question.—“Have you any doubt of it?”

Answer.—“Yes. I think it would be the minimum dose in an old strong cat. If given in a fluid state I think a smaller dose would suffice. Hurried breathing is one of the first symptoms, afterwards there are twitchings and trembling of the muscles and then convulsions.”

Question.—“Is there any diversity in the intervals and order of the symptoms in animals of the same species?”

Answer.—“They certainly do not occur after the same intervals of time, but I should say they generally occur in the order I have described. There is some difference in the periods at which the convulsions take place. Some will die after less convulsions than others, but generally after four or five. In one or two instances an animal has died after one convulsion. In those instances a dose has been given equal in amount to another which has not produced the same effect. The order in which the muscles are convulsed varies to some extent. The muscles of the limbs are generally affected first. The convulsions generally occur simultaneously.”

Question.—“Do you know of any case of strychnia in which rigidity after death was greater than the usual rigor mortis?”

Answer.—“I think not. I don’t think there is any peculiar rigidity produced by strychnia.”

Question.—“Have you never found undue rigidity in a human subject after death by strychnia?”

Answer.—“Considerably less.”

Question.-”In the anonymous case (the Leeds), were not the hands curved and the feet arched by muscular contraction?”

Answer.—“Not more than is usual in cases of death from ordinary causes. The limbs were rigid, but not more than usual.”

Question.—“In the face of the medical profession I ask you whether you signed a report stating that ‘the hands were curved and the feet decidedly arched by muscular contraction,’ and whether you meant by those words that there was no more than the ordinary rigidity of death?”

Answer.—“Certainly; I stated so at the time.”

Question.—“Where? In the report?”

Answer.—“No; in conversation. Allow me to explain that a distinction was drawn between the muscles of the different parts of the body. I heard Mr. Morley’s evidence with regard to experiments on animals, and his statement that ‘after death there was an interval of flaccidity, after which rigidity commenced more than if it had been occasioned by the usual rigor mortis.’”

Question.—“You don’t agree with that statement?”

Answer.—“I do not. I generally found the right side of the heart full.”

Question.—“Does the fact of the heart in Cook’s case having been found empty lead you to the conclusion that death was not caused by strychnia?”

Answer.—“Among other things, it does. I heard the evidence of Dr. Watson as to the case of Agnes Sennett, in which the heart was found distended and empty: also of Dr. Taylor, as to the post-mortem of Mrs. Smyth. No doubt he stated that the heart in that case was also empty.”

Question.—“And do those facts exercise no influence on your judgment?”

Answer.—“They would not unless I knew how the post-mortem examination had been made. If it was commenced at the head, the blood being fluid, the large drains would be opened, and the blood, from natural causes, would drain away.”

Question.—“Do you know how the post-mortem examination was made in this case?”

Answer.—“No. Excuse me, I do. The chest and the abdomen, not the head, were first opened.”

Question.—“The heart, then, was not emptied in the first instance?”

Answer.—“No.”

Question.—“Then what occasioned the contraction of the heart?”

Answer.—“When the heart is emptied it is usually contracted.”

Question.—“But how do you account for its contraction and emptiness?”

Answer.—“I cannot account for it.”

Lord Campbell.—“ Would the heart contract if there was blood in it?”

Answer.—“No.”

Lord Campbell.—“When you find the heart contracted, you know, then, that it was contracted at the moment of death?”

Answer.—“It is necessary to draw a distinction between the two cavities. It is very common to find the left ventricle contracted and hard, while the right is uncontracted.”

Lord Campbell.—“That is death by asphyxia?”

Answer.—“Precisely.”[56]

By the Attorney-General.—“In Cook’s case the lungs were described as not congested. Entosthema is of two kinds; one of them consists of dilation of the cells, the other of a rupture of the cells. When animals die from strychnine, entosthema occurs. I do not know the character of the entosthema in Cook’s case. It did not occur to me to have the question put to the witnesses who described the post-mortem examination.”

Question.—“To what constitutional symptoms about Cook do you ascribe the convulsions from which he died?”

Answer.—“Not to any.”

Question.—“Was not the fact of his having syphilis an important ingredient in your judgment upon his case?”

Answer.—“It was. I judge that he died from convulsions, by the combination of symptoms.”

Question.—“What evidence have you to suppose that he was liable to excitement and depression of spirits?”

Answer.—“The fact that after winning the race he could not speak for three minutes.”

Question.—“Anything else?”

Answer.—“Mr. Jones stated that he was subject to mental depression. Excitement will produce a state of brain which will be followed, at some distance, by convulsions. I think Dr. Bamford made a mistake when he said the brain was perfectly healthy.”

Question.—“Do you mean to set up that opinion against that of Dr. Devonshire and Dr. Harland, who were present at the post-mortem?”

Answer.—“My opinion is founded in part on the evidence taken at the inquest, in part on the depositions. With the brain and the system in the condition in which Cook’s were, I believe it is quite possible for convulsions to come on and destroy a person. I do not believe that he died from apoplexy. He was under the influence of morphia. I don’t ascribe his death to morphia, except that it might assist in producing a convulsive attack. I should think morphia was not very good treatment, considering the state of excitement he was in.”

Question.—“Do you mean to say, on your oath, that you think he was in a state of excitement at Rugeley?”

Answer.—“I wish to give my evidence honestly. Morphia, when given in an injured state of the brain, often disagrees with the patient.”

Question.—“But what evidence have you as to the injured state of the brain?”

Answer.—“Sickness often indicates it. I can’t say whether the attack of Sunday night was an attack of convulsions. I think that the Sunday attack was one of a similar character, but not so intense, as the attack of Tuesday, in which he died. I don’t think he had convulsions on the Sunday, but he was in that condition which often precedes convulsions. I think he was mistaken when he stated that he was awoke by a noise. I believe he was delirious. That is one of the symptoms on which I found my opinion. Any intestinal irritation will produce convulsions in a tetanic form. I have known instances in children. I have not seen an instance in an animal. Medical writers state that such cases do occur. I know no name for convulsions of that kind.”

Question.—“Have you ever known a case of convulsions of that kind, terminating in death, in which the patient remained conscious to the last?”

Answer.—“I have not. Where epilepsy terminates in death consciousness is gone. I have known four cases of traumatic, and five or six of idiopathic tetanus.”

Question.—“You heard Mr. Jones make this statement of the symptoms of Cook after the commencement of the paroxysms:—‘After he swallowed the pills he uttered loud screams, threw himself back in the bed, and was dreadfully convulsed. He said, “Raise me up! I shall be suffocated.” The convulsions affected every muscle of the body, and were accompanied by stiffening of the limbs. I endeavoured to raise Cook with the assistance of Palmer, but found it quite impossible owing to the rigidity of the limbs. When Cook found we could not raise him up, he asked me to turn him over. He was then quite sensible. I turned him on to his side. I listened to the action of his heart. I found that it gradually weakened, and asked Palmer to fetch some spirits of ammonia, to be used as a stimulant. When he returned, the pulsations of the heart were gradually ceasing, and life was almost extinct. Cook died very quietly a very short time afterwards. When he threw himself back in bed he clinched his hands, and they remained clinched after death. When I was rubbing his neck, his head and neck were unnaturally bent back by the spasmodic action of the muscles. After death his body was so twisted or bowed that if I had placed it upon the back it would have rested upon the head and feet!’ Now, I ask you to distinguish in any one particular between those symptoms and the symptoms of tetanic convulsions.”

Answer.—“It is not tetanus at all; not idiopathic tetanus.”

Question.—“I quite agree with you that it was not idiopathic tetanus. But point out any distinction that you can see between these symptoms and real tetanus?”

Answer.—“I do not know that there is any distinction, except that in a case of tetanus I never saw rigidity continue till death and afterwards.”

Question.—“Can you tell me of any case of death from convulsions in which the patient was conscious to the last?”

Answer.—“I do not know any. Convulsions occurring after poison has been taken are properly called tetanic.”

Question.—“Sir B. Brodie tells us that while paroxysms of tetanic convulsion last there is no difference between those that arise from strychnia and those from tetanus properly so called, but only in the course the symptoms take. What do you say is the difference?”

Answer.—“The hands are less violently contracted; the effect of the spasm is less in ordinary tetanus; the convulsion, too, never entirely passes away. I have stated that tetanus is a disease of days, strychnia of hours and minutes; that convulsive twitchings are in strychnia the first symptoms, the last in tetanus; that in tetanus the hands, feet, and legs are usually the last affected, while in strychnia they are the first. I gave that opinion after the symptoms in the case of the lady at Leeds which were described by the witness Witham, and I still adhere to it. I never said that Cook’s was a case of idiopathic tetanus in any sense of the word. It differed from the course of tetanus from strychnine in the particulars I have already mentioned.”

The Attorney-General.—“Repeat them.”

Answer.—“There was a sudden accession of the convulsions.”

Question.—“Sudden—after what?”

Answer.—“After the rousing by Jones. There was also the power of talking.”

Question.—“Don’t you know that Mrs. Smyth talked and retained her consciousness to the end: that her last words were, ‘Turn me over’?”

Answer.—“She did say something of that kind. No doubt those were the words she used. I believe that in poison tetanus the symptoms are first observed in the legs and feet. In the animals upon which I have experimented twitchings in the ears and difficulty of breathing have been premonitory symptoms.”

Question.—“When Cook felt a stiffness and difficulty of breathing, and said that he should be suffocated on the first night, what were they but premonitory symptoms?” (question evaded).

Answer.—“Well, he asked to be rubbed; but as far as my experience goes with regard to animals——.”

The Attorney-General.—“They can’t ask to have their ears rubbed, of course.”

Mr. Serjeant Shee.—“The witness was about to explain the effect of being rubbed upon animals.”

Witness.—“In no single instance could the animals bear to be touched.”

Question.—“Did not Mrs. Smyth ask to have her arms and legs rubbed?”

Answer.—“In the Leeds case the lady asked to be rubbed before the convulsions came on, but afterwards she could not bear it, and begged not to be touched.”

Question.—“Can you point out any one point, after the premonitory symptoms, in which the symptoms in this case differ from those of strychnia tetanus?”

Answer.—“There is the power of swallowing, which is taken away by inability to move the jaw.”

Question.—“But have you not stated that lockjaw is the last symptom in strychnia tetanus?”

Answer.—“I have. I don’t deny that it may be. I am speaking of the general rule. In the Leeds case it came on very early, more than two hours before death, the paroxysms having continued for two and a half hours. In that case we believed the dose was four times repeated. Poison might probably be extracted by chemical process from the tissues, but I never tried it except in the case of one animal. I am not sure whether poison was in that case given through the mouth. We killed four animals in reference to the Leeds case, and in every instance we found strychnia in the contents of the stomach. In one case we administered it by two processes—one failed, and the other succeeded.”

Re-examined.—“In making reports on cases such as that referred to (Leeds) we state ordinary appearances as well as extraordinary—facts without anything more.”

Mr. William Herapath, examined by Mr. Grove, Q. C.—“I am a professor of chemistry and toxicology at the Bristol Medical School—have studied chemistry for more than forty years—toxicology for thirty. Have experimented on strychnia; have seen no case of a human subject during life, but have examined a human body after death. In one case I examined the contents of the stomach, and found strychnia three days after death. I obtained evidence of strychnia by the colour tests in that case. I have experimented on animals for strychnia in eight or nine cases, and analysed the bodies in two cases where I destroyed the animals myself—both cats. I gave the first one grain of strychnia in a solid form. The animal took the poison at night, and I found it dead in the morning. It was dreadfully contorted and rigid, the limbs extended, the head turned round—not to the back, to the side—the eyes protruding and staring, the iris expanded so as to be almost invisible. I found strychnia in the urine which had been ejected, and also in the stomach, by the test I mentioned. I administered the same quantity of strychnia in a solid form to another cat. It remained very quiet for fifteen or twenty minutes, but seemed a little restless in the eyes and its breathing. In thirty-five minutes it had a terrible spasm, the extremities and the head being drawn together and the feet extended. I watched it for three hours. The first spasm lasted a minute or two. The saliva dropped from its mouth, and it forcibly ejected its urine. It had a second spasm a few minutes afterwards. It soon recovered and remained still, with the exception of a trembling all over. It continued in that state three hours. During two hours and a half it was in a very peculiar state. It appeared to be electrified all through; blowing upon it or touching the basket in which it was placed produced a kind of electric jump like a galvanic shock. I left it in three hours, thinking it would recover, but in the morning I found it dead, in the same indurated and contorted condition as the former animal. I examined the body thirty-six hours after death and found strychnia in the urine, in the stomach and in the upper intestine, in the liver, and in the blood of the heart. I have discovered strychnia in all other cases by the same tests, but I took extraordinary means to get rid of organic matter. In all cases in which strychnia has been given I have been able to find it, but not only strychnia, but the nux vomica from which it is taken. I have found nux vomica in a fox and other animals. The detection of nux vomica is more complicated than that of strychnia. In one case the animal had been buried two months. I have experimented with strychnia mixed purposely with organic putrefying matter. I have found it in all cases, whatever was the state of decomposition of the matter.”

Question.—“Are you of opinion that where strychnia has been taken in a sufficient dose to poison it can and ought to be discovered?”

Answer.—“Yes; unless the body has been completely decomposed—that is, unless decomposition had reduced it to a dry powder. I am of opinion, from the accounts given by Dr. Taylor and the other witnesses, that if it had existed in the body of Cook it ought to have been discovered. I am aware of no cause of error in the analysis, if the organic matter had been properly got rid of. The experiments I made were in Bristol. I have made experiments in London, and found strychnia in the stomach, liver, and blood of an animal.”

Cross-examined by the Attorney-General.—“I don’t profess to be a toxicologist. I have principally experimented on the stomach till lately. I tried my chemical process on the 8th of this month with a view to the present case. The experiment here was on a dog. I experimented on the tissues of a cat at Bristol, and a dog in London. I found strychnia in the blood, the heart, and the urine of the cat, besides the stomach. One grain was given to the dog. It was a large dog. I have seen a cat killed with a quarter of a grain.”

Question.—“Have you not said, that you had no doubt strychnia had been taken, but that Dr. Taylor had not gone the right way to find it?”

Answer.—“No; certainly not.”

Question.—“Have you not said it to the present Mayor of Bristol?”

Answer.—“I have said, if it was there Dr. Taylor ought to have found it.”

Question.—“Have you not said several times in his presence that you had no doubt strychnia had been given, but that Dr. Taylor had not found it?”

Answer.—“I had a strong opinion from the reports in the newspapers; it is very likely I might. I don’t deny it.”

To Lord Campbell.—“From the statements I saw in the newspapers: I was not engaged in the case, and I conceived I had a right to express an opinion, the same as others. I dare say I have frequently said so in conversation. Hundreds of persons spoke to me, knowing I had made toxicology a study, and it is possible I may have said something like what you ask me about.”[57]

Re-examined by Mr. Grove.—“What is the smallest quantity of strychnia that your process is capable of detecting?”

Answer.—“I am perfectly sure I could detect the 50,000th part of a grain if it was unmixed with organic matter. If I put ten grains in a gallon, or 70,000 grains of water, I could discover its presence in the tenth part of a grain of that water. It is more difficult to detect when mixed with organic matter. If a person had taken a grain, a very small quantity would be found in the heart, but no doubt it could be found. I made four experiments with a large dog to which I had given the one-eighth part of a grain. I have discovered it by change of colour in the thirty-second part of the liver of a dog.”

Dr. Henry Letheby, examined by Mr. Kenealy.—“I am a bachelor of medicine, professor of chemistry and toxicology in the London Hospital of Medicine, and Medical Officer of Health to the City of London. I have been engaged for a considerable time in the study of poisons and their action on the living animal economy. I have also been frequently engaged on behalf of the Crown in prosecutions in cases of this nature during the last fourteen years. I have been present during the examination of the medical witnesses, and have attended to the evidence as to the symptoms which have been described as attending the death of Cook. I have witnessed many cases of animals poisoned by strychnia, and many cases of poisoning by nux vomica in the human body, one of which was fatal. The symptoms described in this case do not accord with the symptoms I have witnessed in the case of those animals. They differ in this respect:—In the first place I never witnessed the long interval between the administration of the poison and the commencement of the symptoms which is said to have elapsed in this case. The longest interval I have known has been three-quarters of an hour, and then the poison was administered under most disadvantageous circumstances. It was given on a very full stomach and in a form uneasy of solution. I have seen the symptoms begin in five minutes. The average time in which they begin is a quarter of an hour. In all cases I have seen the system has been in that irritable state that the very lightest excitement, such as an effort to move, a touch, a noise, a breath of air, would send the patient off in convulsions. It is not at all probable that a person, after taking strychnia, could pull a bell violently. Any movement would excite the nervous system, and bring on spasms. It is not likely that a person in that state could bear to have his neck rubbed. When a case of strychnia does not end fatally, the first paroxysm is succeeded by others, gradually shaded off, the paroxysms becoming less violent every time, and I agree with Dr. Christison that they would subside in twelve or sixteen hours. I have no hesitation in saying that strychnia is, of all poisons, either mineral or vegetable, the most easy of detection. I have detected it in the stomach of animals in numerous instances, also in the blood and in the tissues. The longest period after death in which I have detected it is about a month. The animal was then in a state of decomposition. I have detected very minute portions of strychnia. When it is pure, the 20,000th part of a grain can be detected. I can detect the tenth part of a grain most easily in a pint of any liquid, whether pure or putrid. I gave one animal half a grain, and I have the strychnia here now within a very small trifle. I never failed to detect strychnia where it had been administered. I have made post-mortem examinations on various animals killed by it. I have always found the right side of the heart full. The reason is that the death takes place from the fixing of the muscles of the chest by spasms, so that the blood is unable to pass through the lungs, and the heart cannot relieve itself from the blood flowing to it, and therefore becomes gorged. The lungs are congested and filled with blood. I have administered strychnia in a liquid and a solid form; I agree with Dr. Taylor that it may kill in six or eleven minutes when taken in a solid state in the form of a pill or bolus. I also agree with him that the first symptom is that the animal falls on its side, the jaws are spasmodically closed, and the slightest touch produces another paroxysm. But I do not agree with him that the colour tests are fallacious. I do not agree that it is changed when it is absorbed into the blood, but I agree with its absorption. I think it is not changed when the body is decomposed. The shaking about of the contents of the stomach with the intestines in a jar, would not prevent the discovery of strychnia, if it had been administered. Even if the contents of the stomach were lost, the mucous membrane would, in the ordinary course of things, exhibit traces of strychnia. I have studied the poison of antimony. If a quantity had been introduced into brandy-and-water, and swallowed at a gulp, the effect would not be to burn the throat. Antimony does not possess any such quality as that of immediate burning. I have turned my attention to the subject of poison for seventeen or eighteen years.”

Cross-examined by the Attorney-General.—“I am not a member of the College of Physicians or of Surgeons. I do not now practise. I have been in general practice for two or three years. I gave evidence in the last case of this sort, tried in this court in 1850” (the case of Ann Merritt). “I gave evidence of the presence of arsenic. The woman was convicted. I stated that it had been administered within four hours of death. I was the cause of her being respited, and the sentence was not carried into effect, in consequence of a letter I wrote to the Home Office. Other scientific gentlemen interfered, and challenged the soundness of my conclusions before I wrote that letter. I have not since been employed by the Crown. There has not been a case that I know of. I have been employed in prosecutions.”

By Mr. Justice Cresswell.—“I was present at the trial. I perfectly remember it.” (See the report of this case, post.)

Cross-examination continued.—“I detected the poison. I said in my letter that I could not speak as to possibilities, but merely as to probabilities. I have experimented on animals for a great number of years. On five recently. I have never given more than a grain, and it has always been in a solid form—in pills or bread. In the case where poison was administered under disadvantageous circumstances it was kneaded up into a hard mass of bread.”

Mr. Baron Alderson.—“Did the animal bolt it or bite it?”

Witness.—“I opened the mouth and put it into the throat. About half an hour elapsed before the symptoms appeared in one case in which half a grain had been given. In another case death took place within thirteen minutes. I have noticed twitching of the ears, difficulty of breathing, and other premonitory symptoms. There are little variations in the order in which the symptoms occur. I have known frequent instances in which an animal has died in the first paroxysm. I heard the evidence of Mrs. Smyth’s death, and I was surprised at her having got out of bed when the servant answered the bell. It is not consistent with the cases I have seen. That fact does not shake my opinion. I have no doubt that Mrs. Smyth died from strychnia. Cook’s sitting up in bed and asking Jones to ring the bell is inconsistent with what I have observed in strychnia cases.”

Question.—“If a man’s breath is hurried, is it not natural for him to sit up?”

Answer.—“It is. I have seen cases of recovery of human subjects after taking strychnia. There is a great uniformity in its effects; that is, in their main features, but there is a small variation as to the time in which they are produced.”

Question.—“What do you attribute Cook’s death to?”

Answer.—“It is irreconcileable with everything with which I am acquainted.”

Question.—“Is it reconcileable with any known disease you have ever seen or heard of?”

Answer.—“No.”[58]

Re-examined by Mr. Serjeant Shee.—“We are learning new facts every day, and I do not at present conceive it to be impossible that some peculiarity of the spinal cord, unrecognisable at the examination after death, may have produced symptoms like those which have been described. I, of course, include strychnia in my answer, but it is irreconcileable with everything I have seen or heard of. It is as irreconcileable with everything else; it is irreconcileable with every disease that I am acquainted with, natural or artificial. Touching an animal during the premonitory symptoms will bring on a paroxysm. Vomiting is inconsistent with strychnia. The Romsey case was an exceptional one, from the quantity of the dose. The ringing of the bell would have produced a paroxysm. I am still of opinion that the evidence I gave on the trial in 1851 is correct. I am not aware that there is any ground for an imputation upon me in respect of that evidence. I have no reason to think Government was dissatisfied with me. I have been since employed in prosecutions, where I very much think the Crown was the prosecutor. After that case Dr. Pereira came to my laboratory, and asked me, as an act of mercy, to write a letter to him to show to the Home Office, admitting the possibility of the poison which I found in the stomach having been administered longer than four hours before death. I wrote the letter, drawing a distinction between what was possible and probable, and the woman was transported for life.”