Mr. Partridge, the professor of Anatomy at King’s College, gave the following evidence, attributing the death of Cook to the granules found on his spine at the post-mortem examination:—

With reference to the existence of these granules, Mr. Oliver Pemberton, anatomical lecturer at Queen’s College, Birmingham, who was present with Professor Bolton when Cook’s body was exhumed, in January, for the special purpose of arriving at a more satisfactory decision on this point than had been effected at the first post-mortem examination, was called for the defence. He gave it as his opinion, in which Professor Bolton agreed, that the spinal cord was not then in a condition to enable him to judge as to what was its state immediately after death; the upper part, where it separated from the brain, being green from decomposition, and the other part, though better preserved, not soft enough for that purpose. This point was, therefore, left in a far from satisfactory position.

A Dr. G. Robinson, of the Newcastle-on-Tyne Dispensary, also supported the spinal granules theory, and considered that from his habits of life Cook was predisposed to epilepsy. He admitted, however, on cross-examination, that “he had never seen symptoms of epilepsy proceed to anything like the extent as in Cook’s case; never saw a body so stiff in epilepsy as to rest on its head and heels; nor such symptoms, except in tetanus, and that the extreme form of epilepsy was always accompanied by unconsciousness.” “The granules,” he thought, “were likely to have irritated the spinal cord, and yet no indications remain after death; they might have produced Cook’s death.”

The last important medical witness called for the defence, Dr. Benjamin Ward Richardson, physician, of London, took the prosecution somewhat by surprise by attributing Cook’s death to Angina pectoris, a cause not as yet hinted at. As the counsel for the Crown were not prepared with information requisite for an effective cross-examination on this point, at the close of the prisoner’s case the Attorney-General asked leave to recall this witness, as he was then prepared with the books required for that purpose. The Court, however, refused the application, and the evidence therefore must be accepted with caution.

CASES OF TETANUS BROUGHT FORWARD FOR THE DEFENCE.

In answer to the cases of undoubted poisoning by strychnia proved on the part of the prosecution, four cases of tetanus were brought forward on behalf of the prisoner, with the object of showing that the symptoms then exhibited were identical with those in Cook’s case, and, therefore, raising the presumption that he might have died from ordinary tetanic convulsions, and not from those produced by strychnia.

The first of these cases was described by Mr. Robert Edward Gay, a member of the College of Surgeons, who had attended a patient of the name of Forster for tetanus in October, 1855. Apparently, at first the patient was suffering only from sore throat and its usual attendant pains in the neck and upper portion of the spine, for which he was duly treated. On the fourth day of his illness the muscular pains extended to the face, and particularly to the lower jaw, and by evening lockjaw had come on, with pains of the muscles of the bowels, legs, and arms. “He became very convulsed throughout the entire muscular system, had frequent involuntary contractions of the arms, hands, and legs; his difficulty of swallowing increased, and not a particle of food, solid or liquid, could be introduced into the mouth, the attempt to do so bringing on violent convulsions; so strong were they, that I could compare him to nothing but a piece of warped board.” The head was thrown back, the abdomen thrust forward, the legs frequently drawn up and contracted; the attempt to feed him with a spoon, the opening a window, or placing the fingers on the pulse, brought on violent convulsions. While the patient was suffering in this manner, he complained of great hunger, repeatedly exclaimed that he was hungry, and could not eat. He was kept alive to the fourteenth day entirely by injections of a milky and farinaceous character. He was insensible on the 12th, and continued so till he died. There was no sore or hurt about his body, and Mr. Gay attributed his death to an inflammatory sore throat, from cold and exposure to the weather, assuming a tetanic form, from the patient being a very nervous, excited, and anxious person. Mr. Gay, whilst satisfied that this was a case of idiopathic tetanus, admitted that he never met with such another case; that it was altogether progressive from the first onset; that although for a short time there was a remission of symptoms, they invariably recurred, and that the locking of the jaw was the very first symptom that made its appearance.

In another case, at the Royal Free Hospital, in 1843, on the 28th of July, a boy was brought in with the middle toe of his left foot smashed by a stone, which Mr. John Gay amputated. The accident had happened a week before, and the wound became very unhealthy. When the surgeon first saw him, his mouth was almost closed, and continued so until the 1st of August, but a small quantity of medicine could be introduced.

“During the first three days,” said Mr. J. Gay, “his paroxysms were of unusual severity; he complained of a stiff neck, and during the first night started up and was convulsed. On the following night he was again convulsed. At times the abdominal muscles, as well as those of the legs and back, were rigid, and the muscles of the face in a state of great contraction. He was in the same state the next day, but at two o’clock there was much less rigidity of the muscles, especially those of the abdomen and back. On the following morning the rigidity had gone, he opened his mouth and could talk; he was thoroughly relieved. He had no return of spasms till half-past five on the following day. He then asked the nurse to change his linen, and as she lifted him up in bed to do so, violent convulsions of the arms and face came on, and he died in a few minutes. About thirty hours elapsed between the preceding convulsion and the one which ended his life. Before the paroxysm came on the rigidity had been completely relaxed. Tartar emetic (containing antimony), which I gave on the second and third day, did not produce vomiting; the rigidity of the muscles of the chest would go far to prevent it. The wound might have rubbed against the bed when he was raised, but I don’t think it possible. Some peculiar irritation of the nerves would give rise to the affection of the spinal cord. There may be various causes for this irritation of the spinal cord, which ends in tetanus, but it would be very difficult merely from seeing symptoms of tetanus, and in the absence of knowledge of how it had been occasioned, to ascribe it to any particular cause. No doubt the death took place in consequence of something produced by the injury of the toe.”

The seriousness of the wound in this case, in comparison with any signs of wounds found on Cook’s body, and the severity of the shock occasioned by such a painful accident, renders this example almost valueless.

In a third case, at the London Hospital, on the 22nd of March of 1856, a patient, aged thirty-seven, was brought in about half-past seven in the evening. When in the receiving room, he had one paroxysm, and another soon after when in the ward. After the first, his pulse was feeble and rapid, his jaws closed and fixed, an expression of anxiety on his countenance, and his features sunken; he was unable to swallow, and the muscles of the abdomen and the back were somewhat tense. After the second paroxysm, his body became arched for about a minute. He was quieter for a few minutes, had a third attack, and died. He had some old neglected sores of a chronic character, particularly at the right elbow, a peculiarly sensitive spot, and Mr. Ross, the house-surgeon, who attended the case, admitted that the disease had been coming on since the morning, that he had felt symptoms of lockjaw at breakfast, and had had successive attacks all the afternoon before coming to the hospital. Here again the case had been progressive until death, and commenced with lockjaw, the admitted signs of ordinary tetanus as distinguished from that due to poison.

The last case proved was that of Catherine Wilson, of Garnkirk, near Glasgow, who “was attacked with a fit,” as she deposed, “in October last year at night, felt heavy all the day from the morning, but had no pain till night. My first pain,” she said, “was in the stomach, and then I had cramp in the arm, and became quite insensible.” By the administration of chloroform the spasms were relieved, and she recovered.

Dr. William Macdonald, of Edinburgh, who saw the case about an hour after the attack, admitted that lockjaw came on in about an hour or two after he was called in.

This witness was also put forward as a medical expert in cases of strychnia, and attributed Cook’s death to “epileptic convulsions with tetanic complications,” and was subjected to the following cross-examination by the Attorney-General:—

Having thus reported the medico-scientific evidence pro and con, we pass on to the moral evidence—the purchase of poison by the prisoner, and his acts during Cook’s illness and subsequent to his death.

PURCHASE OF POISON BY PALMER.

The proof that Palmer purchased strychnia on two separate occasions immediately before the convulsive attacks of which Cook died rested on the evidence of two druggists’ assistants at Rugeley. One of these, Charles Newton, assistant to Mr. Salt, swore that about nine o’clock on the Monday evening, the 19th of November, Palmer came to his master’s shop, asked for three grains of strychnia, which he gave him, without charge, as he knew him as a medical practitioner of the town. Next morning, between eleven and twelve, Roberts, the assistant of Hawkins, another druggist in Rugeley, was asked by Palmer for two drachms of prussic acid, for which he brought a bottle with him. Whilst Roberts was preparing this, Newton, the former witness, came into the shop, and Palmer, putting his hand on Newton’s shoulder, said he wished to speak with him, and together they stepped out into the street, when Palmer asked some questions about Mr. Edwin Salt going to a farm about fourteen miles from Rugeley. Whilst they were talking, a Mr. Brassington joined them, and began to speak to Newton about some accounts for Mr. Salt, on which Palmer went back into Hawkins’s shop and asked for six grains of strychnia and two drachms of Batley’s solution of opium.

“Whilst I was preparing them,” said Roberts, “Palmer stood at the shop door with his back to me, looking into the street. I was about five minutes preparing them. He stood at the door till they were ready, when I delivered them to him—the prussic acid in the bottle he had brought, the strychnia in a paper, and the opium in a bottle. He paid, and took them away. No one else was in the shop.”

As soon as Palmer had left, Newton came in, and spoke to Roberts about Palmer’s visit, and no doubt was struck with the information he received. At that time he did not mention to his master Palmer’s purchase of the strychnia because, he said, Palmer and Salt were not friends, and he was afraid that the latter might blame him for having given Palmer the strychnia. “I first mentioned it,” said Newton, “to Boycott, the clerk to Mr. Gardner, the solicitor, at the Rugeley station, when I and a number of witnesses were assembled for the purpose of going to London. He took me to Mr. Gardner’s. I told him what I had to say, and he took me to the solicitor of the Treasury.” Counsel for the defence tried to elicit from him that he had given as his reason for not mentioning it before that he was afraid of being prosecuted for perjury. “No,” he replied; “I did not give that as a reason, but I stated to a gentleman that a young man at Wolverhampton had been threatened by George Palmer because he had said at the inquest on Walter Palmer that he had sold the prisoner prussic acid, and he had not entered it in the book, and could not prove it. I stated at the same time that George Palmer said he could be transported for it. The inquest on Walter Palmer did not take place until five or six weeks after that on Cook.”

Not only, however, did Newton[60] not mention this purchase of strychnia when before the coroner, but he did not state that on the 25th of November he was sent for about seven in the evening to Palmer’s house, where he found the prisoner in his kitchen, sitting by the fire reading.

“He asked me,” he now said, “how I was, and to have some brandy and water. No one else was there. He asked me what was the dose of strychnia to kill a dog. I told him a grain. He asked me what would be the appearance after death. I told him that there would be no inflammation, and that I did not think it could be found. Upon that he snapped his finger and thumb in a quiet way and exclaimed, as if communing with himself, ‘That’s all right.’ He made some other commonplace remark, which I do not recollect. I was with him altogether about five minutes.”

Though he appears to have related the story of the dog at an earlier date, it was not until the Tuesday before the trial that he said a word to anyone about the purchase of the strychnia.

To contradict the evidence of Newton, the inspector of police at the Euston station was called to prove that the last train for Rugeley left at 2P.M., and that if Palmer went by the five o’clock express he would not get to Stafford until 8.45, and would then have nine miles to travel to reach Rugeley. It was, however, remarked by the Attorney-General that Newton’s words were “about nine o’clock,” and “that everyone knows how easy it is to make a mistake of half an hour or three quarters of an hour, or even an hour, if your attention is not called to the circumstances within a week or a fortnight, or three weeks afterwards.” Not content with this evidence, counsel for the defence called one Jeremiah Smith, an attorney, of Rugeley, and intimate friend of the prisoner’s mother, who swore that on the night in question he saw Palmer get out of a car coming in the direction from Stafford at ten minutes past ten, and went with him to Cook’s room. The exhibition made by this fellow in the box was disgusting. For some time he declared that he had never had anything to do with the applications for the enormous insurances on Walter Palmer’s life; would not acknowledge his signature to them as a witness, and only after a most vigorous cross-examination admitted that he witnessed them on the application of the prisoner. He it was who made the application to the Midland Insurance Company for the policy of £10,000 on the life of Bate, the person whom Palmer represented as a gentleman of property with a fine cellar of wine, but whom the insurance agent found hoeing turnips in a field of Palmer’s, and with six months’ rent in arrear for the room in the farm-house which he occupied. The credit of Newton was set up by the desperate attempt of Mr. Jeremiah Smith.[61]

ACTS OF THE PRISONER DURING COOK’S ILLNESS AND AFTER HIS DEATH.

On Thursday, the 15th of November, Cook returned from Shrewsbury with Palmer to the “Talbot,” at Rugeley, complaining of being poorly. It will be remembered that he had been sick at Shrewsbury after partaking of the brandy and water in Palmer’s company. Next day he dined with Palmer, and came back to the inn between nine and ten at night, as the witness Barnes said, sober. Early the next morning (Saturday) Palmer was in his bedroom, and sent for a cup of coffee for him. Mills, who brought it up, did not see him drink it; but when soon after she went into his room she found he had vomited it in the chamber. Palmer was in and out frequently, and promised to send Cook some soup; for this he sent Ann Rowley, a charwoman to the “Albion Inn,” who brought it to Palmer in his kitchen, left it there about five minutes with him, whilst she went about her other work, and then, by Palmer’s orders, took it to the “Talbot,” with a message that Jerry Smith, a mutual friend who had dined with them on the Friday, had sent it.[62] Cook, seeming unwilling to take this, Palmer said he must have it. It was taken up again; Cook drank it, and shortly after vomited. Again, on the Sunday, Palmer sent a jobbing gardener in his employ with a covered cup of broth to the “Talbot,” of which Mills, who took it up to Cook’s room, tasted about two tablespoonsful, and was so sick that she had to go to bed. Whether Cook drank this or not was not distinctly proved, but the cup was afterwards seen empty in the kitchen of the hotel. What followed as to the pills sent by Dr. Bamford, and the others produced by Palmer, is already fully given in Mills’s evidence. Immediately after Cook’s death, Palmer was found by Barnes searching the pockets of Cook’s coat and under his pillow, and the bank-notes which Cook had had only a few days before, his betting-book, which had been seen on his dressing-table, and the letters that had been on his chimney-piece, had disappeared.[63] Previously to this time Palmer had been very short of money, being pressed for small debts, but immediately afterwards was in funds, paying small bills, and depositing £50 in a local bank. On Tuesday evening (20th), when Cook was in such a serious state, Palmer sent for Cheshire, the Rugeley postmaster, and asked him to fill up the body of a cheque on Weatherby for £350 in Palmer’s favour, which he said that he would take over to Cook to sign. That cheque was sent to Weatherby’s that night, and returned by them to Palmer, as Weatherby, not having yet received the stakes Cook had won, was not in funds to meet it. That cheque was called for by the prosecution, but not produced by the prisoner. Again, on the Thursday or Friday after, between six and seven in the evening, Palmer sent for Cheshire. “When I arrived,” said the witness, “I found him in the kitchen, and he immediately went out, and shortly after returned with a quarto sheet of paper in his hand. He gave me a pen, and asked me to sign something. I asked what it was, and he replied, ‘You know that Cook and I have had dealings together, and this is a document he gave me some days ago, and I want you to witness it.’ I said, ‘What is it about?’ He said, ‘Some business that I have joined in with him, and which is all for his benefit, and this is the document stating so.’” Cheshire refused, and Palmer, saying perhaps they would not dispute Cook’s signature, took it away. This document was also called for, and not produced.[64]

On Friday, 23rd, Mr. Stevens, who had married the widow of Cook’s father some years before, and was executor to his grandfather’s will, arrived in Rugeley, saw Palmer, and asked him about his stepson’s affairs. “There are £4000 of his bills out,” said Palmer, “and I am sorry to say my name is to them, but I have got a paper drawn up and signed by him to show that I never had any money from them.” Mr. Stevens expressed great surprise, and said, “I fear there will not be 4000 shillings to pay you.” Then, after discussing his stepson’s affairs, Mr. Stevens said, “Well, whether he has left anything or not, poor fellow, he must be buried,” on which Palmer immediately said, “Oh, I will bury him myself, if that is all.” Mr. Stevens at once refused, and expressed his intention of removing the body to London for interment, so as not to inconvenience the inn people. “Oh,” said Palmer, “that is of no consequence, but the body ought to be fastened up; as long as the body is fastened up, it is of no consequence.” Whilst Mr. Stevens was talking with the persons in the room, Palmer went out, and on his return, when asked by Stevens to recommend an undertaker, said, “I have been and done this. I have ordered a shell and a strong oak coffin.” Mr. Stevens expressed his surprise, and insisted on giving instructions himself to the undertaker.

Later in the day, after dinner, on Mr. Jones reporting to Stevens, who had asked him to go up to Cook’s room for that purpose, that he could not find any betting-book or papers, Palmer said, “Oh, it’s no manner of use if you do find it.” “No use,” replied Stevens, “I am the best judge of that.” Again said Palmer, “It’s of no manner of use.” “I am told it is,” was the reply; “my son won a great deal of money at Shrewsbury, and I ought to know something about it.” “It is of no use, I assure you,” replied Palmer; “when a man dies, his bets are done with; and besides, Cook received the greater part of the money on the course.” “Very well,” replied Stevens, “the book ought to be found, and must be found,” when Palmer said, in a quieter tone, “It will be found, no doubt.” The room was then locked by Mr. Stevens’s order, but the book was never found.

Mr. Stevens returned to London to see his solicitor, and on his way back met Palmer (who had been to London to pay Pratt £100, and caution him against giving any information about Cook’s affairs), and told him his intention of having a post-mortem examination. Apparently agreeing with that, Palmer offered to introduce him to a local solicitor to conduct it, which was declined; but, added Mr. Stevens, “I said, ‘Mr. Palmer, if I should call in a solicitor to give me advice, I suppose you will have no objection to answer any question he may put to you.’ I altered my tone purposely; I looked him steadily in the face, but although the moon was shining, I could not see his features distinctly. He said, with a spasmodic convulsion of the throat, which was perfectly apparent, ‘Oh no, certainly not.’” Later in the evening Palmer came to Mr. Stevens and renewed his conversation about the bills, hoping that affairs would be settled pleasantly, and was told by the stepfather that “they could be only settled in Chancery.” Palmer, at that time, denied that he had attended Cook in a medical capacity.

On the 17th of November, Ishmael Fisher, who was Cook’s usual racing agent, received a letter from Cook requesting him to pay Pratt £200, which he would repay him on the following Monday, when the Shrewsbury bets would be settled at Tattersall’s. Much to his surprise, he was not employed as usual, and in consequence lost the money he had advanced, for on the 19th Mr. George Herring, another betting man, got a letter from Palmer to call on him at the latter’s lodgings, in London, at half-past two that day. He did so.

On the 26th of November, the post-mortem examination was held, at which Palmer was present, and the incidents of the pushing of the jar containing the contents of the stomach and the cutting of its coverings occurred; and if the evidence of Myatt, the postboy, is to be taken as true, Palmer tried to bribe him to upset the fly in which Mr. Stevens and his solicitor’s clerk were to take the jar to the Stafford station, en route to London,