On this page

• Text (1)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    . ftR THE LEADEE, [No. 322, Saturday ,

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Trial Of William Palmer. »—The First "Wi...

    taking agent of Old Burlington-street , deposed to receiving the cheque fox 350 * . signed by Cooke , and transmitted to him by Palmer ( for which he was to send the money ; , the body of which cheque was not in the same handwr iting as the signature . This cheque , which wassent on the 20 th of November , was not returned to Calmer , as Mr Wetherby had not sufficient funds in his hands to ™ LY it Mr . Butler and Mr . Stevens gave some part iculars with respect to Palmer ' s betting on the ShrewsbSy rlceT ; and the case for the prosecution was closed .

    THE DEFENCE . Mr . Serjeant Shee then rose to open the case for the defence . He spoke at first in a very low tone of voice , and was only distinctly audible in the immediate vicinity of where he stood . He observed that he rose with an overwhelming sense of the responsibility which rested on him : only once before had he defended a prisoner whose life was at stake ; and the jury might conceive the anxietv of his mind now that he had had to stand for six days under the shade of the scaffold , conscious that the least error of judgment might have the effect of consigning his client to an ignominious death and to public execration . That was a position well calculated to try the clearest judgment ; but his task had been lightened by the great fairness with which the prosecution had been conducted , and he must tell his unhappy

    ¦ c lient that evervthing which could possibly be done to insure an honest trial hadbeeneffected . If , unhappily , an injustice should be committed on either side , the whole responsibility would rest on the j udges and the j ury . For himself , he must say that he believed truer words were never pronounced than those the prisoner uttered when he said " Not Guilty" to the charge . If he ( Mr . Serjeant Shee ) should fail in establishing his innocence , he should have very great misgivings that his failure was attributable to his own inability to do justice to the case , and not to any weakness in the case itself . He would grapple with the facts alleged by the prosecution , foot by foot , and inch by inch ; and not a point would he leave untouched . In the first instance , he would endeavour to restore to its proper place in the discussion the fact that strychnine was not found in the body of Cooke . If Cooke died of

    strychnine , he died in two hours after the administering of a strong dose . He must have died within a quarter of an hour or twenty minutes after the effects of the dose became visible in strong convulsions of the body . The post-mortem examination took place within six days of his death ; and there was no reason to suppose that -within that time there was any detection of it in the body . Never , therefore , were circumstances more favourable , or a case in which strychnine was more likely to have been found , if it was there . The fact was established beyond all question that it was not found . Dr . Taylor contended that the poison of strychnine was of that nature that , when once it had done its fatal work , and became absorbed in the system , " it ceased to

    "be the thing which it was when it was taken into the system—became decomposed—its elements separated , and therefore no longer capable of responding to the tests which would detect the poison of uudecomposed strychnine . The opinion of Dr . Taylor was not supported by the opinions of any eminent toxicologist but himself . It was due to Dr . Taylor to say that ; he had propounded this theory in his book , but it was a theory of his own ; and when it was remembered that liis knowledge of the subject—humane man that he was —was confined to his having poisoned five rabbits twenty-five years ago , his opinion , unsupported by the opinion of others , was not of much weight . He would call before the jury many gentlemen of the highest

    eminence in their profession , analytical chemists and others , who would state their utter renunciation of this theory . But he would now refer to a question oven yet more important , with respect to which he felt no distrust ; namely , the question whether , in the second week of November in last year , the prisoner at the bar had a motive for the commission of the murder , and some strong reason for desiring that Cooke should die ? It seemed to him ( the learned counsel ) that it was not only not the interest of Palmer that Cooke should die , but that his death was the very worst calamity which could befal him , and that he must have known that it would ¦ be fallowed by his own ruin . That it was followed by ilia ruin they all know . They ull knew that , when it was alleged that the prisoner commenced to plot the death of Cooke , he was in extreme embarrassment .

    Cooke and Palmer had been intimate and steady friends ; they were Jointly interested in at least one racehorse ; they stayed together at the same hotels ; they went to the same race-courses , and they were known to bo connected in betting transactions upon the same horses , at the same races . This was proved by the witness Mr . Jones , who said that he heard Cooke say in his presence , 44 Palmer , we have lost a good deal of money on races thia year . " It was shown by abundant evidence that they were closely connected ; and in the month of August , 1854 , money was wanted by Cooke , which was raised through the instrumentality of Palmar . Palmer applied to Pratt for it , and offered the security of Cooko , Whom he represented to bo a gentleman of some fortune . Cooke , with 18 , 000 / . in ready money , might have gone on for a few years , and with hia etud of horsoa made a show of much groator wealth . II © wished the jury to

    remember that he was not defending Palmer against the charge of forgery , if he were guilty of that crime — neither was he disposed to defend the reckless imprudence of obtaining money at enormous rates of interest . The question now was , whether he was guilty of murder ? Let them look at the position of Palmer and Cooke in the second week of November , as proved by Pratt , and by the correspondence put in evidence . In addition to the 12 , 500 / . worth of bills , there were two acceptances for 2000 / ., each purporting to be drawn on the prisoner ' s mother , and due . the last week in October . There were

    in addition two other bills , amounting to 1500 / ., which were to be held over from month to month , Palmer paying interest at the rate of 60 per cent . These latter bills were pressing upon him ; but it was pretty clear that Pratt or his clients would have taken the interest , and that , so long as there was a vestige of good security , Pratt desired nothing bettor than to hold them over . In this state of things , on the 22 nd of October , Palmer came up to town , and Pratt pressed Palmer for payment of these bills . With regard to one of them , for 2000 / ., which had just become duo , and had not been paid , Pratt insisted on payment by instalments in addition to the interest , and it was agreed that Palmer should pay 250 / . on the 27 th , a like sum on the 31 st , and that , as soon afterwards as possible , a further sum of 300 / . should also be paid , making in the whole 800 / . This was to quiet Pratt , ot ^ Pratt said , to . quiet his clients , and induce them to let the bill stand over . On the 9 th of

    November , the 300 / . were paid ; and on the 13 th , ' the day that Polestar won the race , Pratt wrote to Palmer , speaking of the Prince of Wales Insurance Office , and their refusal to pay the insurance on Palmer ' s brother ' s life , and then adding , — " I must positively insist on seeing you on Saturday ; and , for both our sakes , try to make up the amount of the 2000 / . ; for , without it , I shall be unable to renew the 1500 / . " This letter reached Palmer at Rugeley on the evening of his arrival from the Shrewsbury race-course . The learned Serjeant mentioned other letters of Pratt , asking for payment of 200 / . ; he then proceeded to describe some of the doings at Rugeley , and next spoke of Cooke writing to Fisher in these terms : — "It is of very great importance , both

    to Mr . Palmer and myself , that a sum of 500 / . should be paid to a Mr . Pratt , of 5 , William-street , May-fair , tomorrow without fail . 300 / . has been sent up to-night ; and if you will bej kind enough to pay the other 200 / . to-morrow , you will greatly oblige me ; and I will give it to you on Monday at Tattersall ' s . " There was a postscript consisting of four words only , but which would form the subject of comment by-and-by . The postscript -was— " I am much better . " Surely , the inference from this correspondence was that Cooke was making himself useful to Palmer , by writing to his agent to get paid to Pratt the 200 / . for which Pratt was pressing Palmer . It was clear either that Cooke had an interest in Palmer ' s transactions , or that this letter contained falsehoods

    insorted for the purpose of " putting a good face on it . Whatever way these facts were taken , they proved to demonstration that Pulmer and Cooke were playing into each other ' s hands in respect of the heavy incumbrauces upon . Palmer , and that Palmer could rely on Cooke's aiding him in any difficulty . So that here , on the lGth of November , when it was said that Palmer was poisoning Cooke , Cooke was behaving towards him in the most friendly way , was acquainted with his circumstances , and willing to assist in relieving him from his embarrassments , by devoting to liis use a portion of his earnings on the race-course . This and another portion of the evidence completely negatived the theory advanced on the other side . Cooke was , in fuct , a most convenient

    fiiend to Palmer , and Palmer , instead of its being his iuterest to get rid of him , could hardly do without him . During the last illness of Cooke , Palmer watched the bedside of his friend ; ho was with him night and day ; he attended him as a brother ; he called his friends around him ; ho did all that the moat affectionate solicitude could suggest for a friend who was ill—unless ho was cognizant of his death . In Palmer ' s letter to Pratt , the day after the death , these passages occur : —" I am sorry to say that , after all , lie died iu his bed ; so you had better write to Saunders ; but mind , I must have Polestar , if it can be so arranged ; and if any one questions you ubout Cooke , don ' t answer till you have seen rao . I sat up two whole nights with Cooke . " And did ho not ? Was not this true i Now , let them mark the answer of Pratt to thia letter . That answer concluded

    with a reminder that Palmer , by tho death of Cooke , would be compelled to make arrangements for a 500 / . bill becoming payable on the 2 nd of December : ho that tho voxy first effect of Cookc ' a death wus to Huddle Palmer with a loan of 500 / . Tho bill was for Cooko's , not Palmer ' s accommodation . Palmer had lent his name to Cooko , and on Cooko ' s death Palmer bocurau primarily and alonv roaponaible . Tho jury would judge whether it suited Palmar to stand before tho holder of that 500 / . bill as the only man liublo upon it ; yet this was a retmlt to Pulmer of Cooko ' u death . All tho facts connected with the advance of tho 500 / . ou tho usuignmciit by Cooko of his two racehorses , Polostar and Sirius , t-thowod that Cooko had received tho money , not Palmer ; and consequently , tho hypothesis of tho Attoruoy-G . onoral . in this coao , including tho nuggostod forgery of Cooko ' a oudoruemont to n bill , and tho four of detection actiug ua a

    motive for putting Cooke out of the way , was entirely gratuitous and groundless . The Attorney-General had asserted that Cooke never received the money . This was improbable in the highest degree . Did the jury believe that , after executing the bill of sale for the two horses he so much valued , he remained for three months without reminding Pratt that he had not handed hi m the money ? It was perfectly incredible . Referring to the entry by Palmer on the title-page of a medical work , " Strychnine kills by causing tho mechanical fixing of the respiratory muscles , " Mr . Serjeant Shee contended that this was merely a note taken by the accused , when a young medical student , for his own information . There were several other entries in

    the same book . —Lord Campbell here reminded Mr . Serjeant' Shee that the point had not been pressed by the Attorney-General ; but the learned counsel replied that as it had been brought forward , he desired to reply to it . —He then adverted to the death of Walter Palmer in August last ; and remarked that William Palmer ' s onlv hope of 1 i release from his difficulties , unless his mother should be reconciled to him , was in getting the money from the Prince of Wales Insurance Oiiice for the insurance on the life of his brother . For some time previous to the month of November , the company , who were annoyed at being called on to pay so large a sum as 13 , 000 / ., were determined to do all in their power to resist payment ; and , accordingly , they sent down

    Inspector lield to Rugeley to make inquiries . They talked and whispered insinuations , and raised a cloud of doubt and conjecture ; and this had been going on for some time . So that , just before the death of Cooke , Palmer was aware that he was the object of what lie knew to be a most unfounded and unwarrantable suspicion ; yet he put the policy of insurance into the hands of an attorney to enforce payment , the office meeting the claim by insinuations of a nature to destroy his character , and bring about him the suspicion of another murder . The pressure for the 2000 / . bills never took place at all till the office disputed the policy ; all went smoothly till the company disputed the policy on Walter Palmer's life ;

    and then Pratt wrote to Palmer , and told him the situation was changed , that he could manage the bills while the policy remained undisputed , but that now Palmer must make arrangements to meet the bills . And even now , that 13 , 000 / . was sure to be paid , unless the prisoner was convicted of murder : as sure as he was saved , and saved he believed he would be , that 13 , 000 / . would be paid . As to the cause of Cooke's death , the ^ tw ^ - morlem examinations showed that he was suffering from " a very ugly sore throat , " with diseased tonsils , one of which was reduced in size , while the other bad almost vanished . He also exhibited traces of another disease ; and he ( Mr . Serjeant Shee ) -would produce medical witnesses to show that that disease was of a virulent

    character . At the medical inquiry after death , the spine was not examined much below the junction of the head , and its symptoms were not investigated . The assertion of Dr . Taylor at the inquest , when he swore that death resulted from strychnine ( although he could not find any trace of that poison , although he had never seen its influence on the human body , and although he only knew tho condition of Cooke from the accounts given by Elizabeth Mills , the chambermaid , and Mr . Jones , the medical man)—such an assertion , woe most reprehensible . Man ' s constitution is a mystery to us all . We suppose that the soft or medullary substance which is -within the cavity of the head ia the seat of thought and sensation ; and while we know that

    that soft mcdullury substance is continued down the back , iu the middle of the buck-bone , protected by a , bony duct or canal , embedded in two tissues , one ol which is tho arachnoid , the other the dura mater , we know that from the aides of thia bony duct , this iucdullary substance , an infinite variety of nerves , U * e conduits of sensation from ull parts of the frame , and of muscles dependent upon them , the instruments o £ voluntary motion there rise . This we , know ; and we know that by that wonderful process all the ordinary actions of our lives and our will are carried on . Sometimes , however , these nerves and muscles depart from their normal character : and instead of being tho mere

    exponouts of tho will , of the soul , arc convulsive , tumultuary , vindicating to themselves a sort of independent vitality , totally rcgunlloHS of the attributes to which tucy are ordinarily tiubiuiaaivo ; and whoa they aru thrown into this ntuto of excitement , they uro known by tho general term convulsions . The ancients , thousands of years ago , know uh wo do the distinction ul ' - twoon ttpnumodic uud tetanic effects . Tetanus is divide " into idiopathic and traumatic ; and wo Jiavo had much description of theao two sorts of tetamiH in this in < l »» ry-Somo of tho questions woro answered satisfactorily ; but , when tho English of tho word " idiopathic " was aaked for , the reply was " constitutional . " Thia , howovor , was not right . Tho term meant " aub-genorative . "

    Lord Campbell : The answer was , " Constitutio nal . without external injury . " . Mr . Sorjeaul Shoo « aid ho thought tho ^ ru ^ moaiii " unueoouutiiblo , " not that tho con vulsions wore " unaccountable , " not that it followed , that they could never bo traceable to u causo , but that t ' hoy constantly occurred under circumstances iu which wo only uuspuct tho cuuaii , and call it " idiopathic , " beouuao wo cannot

    . Ftr The Leadee, [No. 322, Saturday ,

    . THE LEADEE , [ No . 322 , Saturday ,

• Citation
  • Leader (1850-1860), May 24, 1856, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_24051856/page/6/