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E. Mills

Were you not recalled after you had been examined once for the purpose of describing the symptoms for Dr. Taylor to hear?—I was not. I was never examined as to the symptoms when I knew the medical gentlemen were there. I cannot remember how Mr. Palmer was dressed when he came over on the Tuesday night. He had a plaid dressing-gown on, but I cannot remember what sort of cap he had. When Mr. Jones asked me to go into the room after Mr. Cook’s death I went in at once, and it was then that I saw Palmer searching the pockets of the coat. When I went in he did not seem at all confused.

Re-examined by Mr. James—I was under examination before the coroner perhaps a couple of hours on different occasions. The coroner put the questions to me, and the coroner’s clerk, I believe, wrote down my answers. The coroner asked me if the broth had any effect on me, and I said not that I was aware of.

By Mr. Serjeant Shee—What brought to your mind afterwards the vomiting after taking the broth?—I do not know. I believe it was some one else in the house that mentioned my sickness first. It did not occur to me until some one else mentioned it about a week after the coroner was there.

Re-examination resumed—I cannot remember who it was, but it was some of my fellow-servants in the house. A person of the name of Dr. Collier called upon me and represented that he was for the Crown. He asked me questions about the inquest and about the death of Mr. Cook. That would be about three weeks or a month ago, at Hitchingley.

J. Gardner

James Gardner, examined by the Attorney-General—I am an attorney, and attended for Mr. Stevens at the inquest. The inquest lasted five days, and on each of these days I had several times occasion to expostulate with Mr. Ward, the coroner, as to questions which he put or omitted to put, and I observed that the clerk omitted to take down answers given to the questions which had been put.

Cross-examined by Mr. Serjeant Shee—A great many questions were put by the jury after the examination of the professional men.

By the Attorney-General—The jury made very strong observations as to the necessity for further questions.

Objection to statement of these observations allowed.

Anne Brooks

Mrs. Anne Brooks, examined by the Attorney-General—I live in Manchester, and am in the habit of attending race meetings. I was at Shrewsbury races in November, 1855. About eight o’clock in the evening of Wednesday, the 14th, I met Palmer in the street. I had some conversation with him as to horses that were running during that week at Shrewsbury. About half-past ten the same evening I went, along with some friends, to the Raven, where I knew Palmer was staying. I had been there frequently before. I left my friends downstairs and went upstairs to go to Palmer’s room, which I knew. As I approached Palmer’s room a servant called my attention to Palmer himself, who was standing at a small table in the passage. When I first saw him he had a glass tumbler in his hand, in which there appeared to be a small quantity of liquid like water. I did not see him put anything in the glass. I saw him shaking up the fluid that was in it. There was a light in the passage. It was nearer to me than to him. He held up the glass as if he were looking at the light through it. He then said to me, “I will be with you presently.” He noticed me the moment I got to the top of the stairs. After he made that remark to me he stood for a minute or two holding the glass in his hand up to the light once or twice and shaking it now and then. The only observation he made was about the fine weather we had. After this he carried the glass into a sitting room adjoining his own. The room, I imagined, was empty, as I heard no one speaking. He remained there two or three minutes, and came out with the glass still in his hand, and carried it into his own sitting room, shutting the door after him. Three or four minutes afterwards he came out to me, bringing me a glass—it might be the same one, it was very like it—with some brandy and water in it. I took the brandy and water, and it produced no unpleasant consequences in me. We had some conversation regarding the next day’s racing, and he said he should back his own horse “Chicken.” “Chicken” lost. Palmer never told me afterwards whether he had won or lost on the race.

Cross-examined by Mr. Serjeant Shee—I am a married woman, and am in the habit of attending race meetings, but my husband does not sanction my going when he knows about it. Several people were taken ill in Shrewsbury on the Wednesday. One of my company was dreadfully ill, and there was a wonder what could cause it; we made an observation. We thought the water might have been poisoned. We were all affected the same way by sickness.

Can you tell me in what way it affected persons?

By the Attorney-General—Any person you saw. Whom did you see yourself affected in that way?—There was a lady that came to meet me there; she was one; and there was another party in my company who was so ill that he could not go to the races on Thursday.

By Mr. Serjeant Shee—They were affected by sickness and purging.

You saw Palmer with the glass in his hand?—I did.

Anne Brooks

Did he put it up to the light?—He held it just carelessly up. I did not see any substance in the glass. He was doing this in a passage that led to a great many rooms. I could not say if there was more than one light in the passage. I think it was a chandelier. He said, “I will be with you presently,” when he carried the glass into the room which I supposed to have been unoccupied.

Did he also say that while he was holding it to the light?—Yes, just in this manner, quite carelessly.

And at that time you thought nothing of it?—I thought he was mixing up some cooling draught, and was waiting for some water. I was not examined before the coroner.

By the Attorney-General—The brandy and water he gave me was cold, not hot. I have known Palmer for a great number of years as a racing man.

L. Barnes

Lavinia Barnes, examined by Mr. James—In November, 1855, I was in service as waitress at the Talbot Arms. I knew both Palmer and Mr. Cook. I saw Mr. Cook on 12th November on his way to the Shrewsbury Races. He seemed quite well then. I saw him on Thursday, the 15th, on his return from the races. On Friday I saw him between nine and ten, when he came back after having dined with Palmer. He was quite sober. I saw Mr. Cook twice on Saturday. On that day I remember some broth being sent over, which I took up to Mr. Cook. He could not take it, as he said he was too sick. I brought the broth down to the kitchen. I saw Palmer, and told him that Cook would not take the broth, as he was too sick. Palmer said he must take it, and it was taken up again to him by Elizabeth Mills. I did not see any broth being brought over on the Sunday. Between twelve and one on the Sunday Elizabeth Mills was taken ill, and had to leave her work and go to bed. I saw her; she was vomiting violently. Between four and five she returned to work, and complained to me of having been ill from the vomiting. I saw some broth in a basin in the kitchen on the Sunday. I do not know where it was made. It was in a sick cup with two handles. The cup did not belong to the Talbot Arms, and it went back to Palmer’s. Between seven and eight on Sunday morning I heard Palmer say he was going to London on the Monday. On Monday I saw Cook after dinner. Mr. Saunders, the trainer, visited him, and I took up some brandy and water to them. On that night I slept in the room next Mr. Cook’s. I saw Palmer between eight and nine that night going upstairs in the direction of Cook’s room. I saw him in the room afterwards between twelve and one o’clock. About twelve o’clock I was in the kitchen, when Mr. Cook’s bell rang violently. I went up to his room, and found he was very ill. He asked me to send for Mr. Palmer. He was screaming “murder,” and was in violent pain. He said he was suffocating. His eyes looked very wild, and were standing a great way out of his head. He was beating the bed with his hands. I sent the boots for Palmer, and went and called Elizabeth Mills. After Palmer came I went up to the room again. Cook seemed to be more composed. Palmer told him not to be alarmed. I saw Cook drinking a darkish mixture in a glass. I cannot remember who gave it to him, but Palmer was in the room when it was given. When Cook put the glass to his mouth he snapped at it. I both saw and heard him do it. He vomited the black-looking draught. I left the room between twelve and one, and he seemed more composed then. I saw him again on the Tuesday, and he seemed to be much better. A few minutes before twelve o’clock on the Tuesday night Elizabeth Mills and I were in the kitchen. Mr. Cook’s bell rang, and Elizabeth Mills went up to answer it. I followed her upstairs, but did not go into the room. I heard Cook scream. Elizabeth Mills went for Palmer, and he came. He was dressed in his usual way, with a black coat on. There was nothing peculiar about his dress. He wore a cap. After Palmer went into the room I remained on the landing. I did not hear what was going on inside. Palmer came out and went downstairs for something. When he came out Elizabeth Mills asked him how Mr. Cook was, and he replied, “Not so bad by a fiftieth part.” She and I were both together when he said this. I went into the room before Mr. Cook died. Mr. Jones was there in attendance upon him. Before I went into the room, and when Palmer was there, I heard Cook ask to be turned over. After I went into the room I do not remember hearing anything. I came out again before Cook’s death, and did not see him die. I returned to the room afterwards, and saw Palmer there with one of Cook’s coats in his hands. He was feeling the pockets. I also saw him feel under the bolster I left him in the room with the dead body. On the Thursday following I met Palmer in the hall of the hotel. He asked me for the key of Cook’s room, and I fetched it from the bar. He said he wanted some books and papers and a paper knife, which were to go back to the stationer’s where he had them from, or he should have to pay for them. I went into the room with him. While there he asked me to go to Miss Bond, the housekeeper, for some books she had. I brought them back with me to the room, and found Palmer there searching on the chest of drawers among some books and clothes belonging to Mr. Cook. I thought it was the paper knife he was looking for, as he said, “I cannot find the knife anywhere.” Miss Bond then came into the room, and I left. I saw Mr. Jones, who had visited Cook on the Tuesday, on the Friday with Palmer. I heard him ask Palmer if he knew where Cook’s betting book was. I cannot remember what Palmer replied. He said it would be sure to be found, and asked me and the chambermaid to go and look for it. He also said, “It was not worth anything to anybody but Cook.” This would be between three and four o’clock, and Mr. Stevens, who was at the Talbot Arms that day, left about half-past four. We went to look for the betting book. Palmer did not go with us. We searched under the bed and all round the room. We did not look in the chests of drawers, of which there were two in the room, both unlocked. We went downstairs and told Palmer we could not find the book. He said, “Oh, it will be found somewhere; I will go with you and look myself.” He did not go, but went out of the house, and I did not see him afterwards. I cannot say how long Palmer was in the room on the Thursday. There was no reason why we did not search the drawers for the betting book. There were some people in the room with Mr. Cook’s corpse, nailing the coffin, and they stood at the side of the drawers.

Cross-examined by Mr. Serjeant Shee—Shortly after Cook refused to take the broth, saying he was too sick, Palmer came over and said, “He must have it.”

Did he say why he must have it?—No.

Did he say anything to the effect, “Why, he has eaten nothing for several days”?—I cannot remember that he did.

Did he ask whether anything had been eaten by him?—Not of me.

You know, in fact, that Mr. Cook had had no substantial food?—He had some coffee and cocoa, and something like that.

You say that on the Monday evening you saw Palmer between eight and nine o’clock going upstairs. Are you sure it was before nine o’clock?—I am not quite certain.

Are you sure it was before half-past nine o’clock?—No, I did not pay particular attention to what the time was.

Are you quite sure it was before ten o’clock?—Yes, I knew he had been to London.

Did you know what hour the train came back from London?—I did not. An omnibus goes from the hotel to the station, starting from the hotel about half-past seven. It is not one mile from the station. I can give no notion of what time the express train comes into Rugeley from London, nor do I know if it stops at Rugeley.

Do you persist that it must have been before ten o’clock that you saw Palmer come in?—I think it was.

May it not have been a quarter past ten o’clock? You can easily have been mistaken about an hour; are you quite certain it was before ten o’clock?—I cannot remember now.

You have stated that when Palmer left on the Monday evening he gave Cook something to drink in a glass; he snapped at the glass, and you said, “I cannot remember who gave it to him”; did you see the glass in Mr. Cook’s hands?—I cannot remember whether I saw the glass in Cook’s hands.

L. Barnes

Did you see his hand up to the glass?—I think I did. I think it was as if he was going to catch hold of it, but somebody else was holding it.

Did you see the hand touch the glass?—I cannot remember that. I remember some one was holding it for him.

Might he not be holding it too?—He might.

Anne Rowley

Anne Rowley, examined by Mr. Welsby—I live at Rugeley, and have been employed by Mr. Palmer as charwoman. On the Saturday before Mr. Cook died I remember being sent by Palmer to Mr. Robinson, of the Albion, for a little broth for Mr. Cook. The Albion is an inn in Rugeley, and a small distance from the Talbot Arms. I brought the broth, which was not warm, to Palmer’s house and put it by the fire. I left it at the fire and went back to my work in the kitchen. When the broth was hot Mr. Palmer brought it to me in the back kitchen. He poured it into a cup, which I held while he did so. He told me to take it across to the Talbot Arms for Mr. Cook, and to say to whoever I gave it to to ask Mr. Cook if he would take a little bread or a little toast with it, and to say that Mr. Smith had sent it. I took it to the Talbot Arms. He did not say why I was to say Mr. Smith had sent it. Mr. Jeremiah Smith is an attorney in Rugeley. He goes under the name of Jerry Smith, and is a friend of Palmer. I gave the broth to Lavinia Barnes.

Cross-examined by Mr. Serjeant Shee—Mr. Smith was in the habit of putting up at the Albion, and took his meals there a good deal. He was intimate with Mr. Cook. I have not known them to dine together, but Mr. Cook was to have dined at Mr. Smith’s that day, but was unable to do so. The time between the broth being brought in to me and the time it was taken to the Talbot Arms would be about five minutes.

C. Hawley

Charles Hawley, examined by Mr. Bodkin—I am a gardener in Rugeley, and was occasionally employed by the prisoner in that capacity. I was in his house on the Sunday before Mr. Cook died, between twelve and one, and Mr. Palmer asked me whether I would take some broth to Mr. Cook. He gave me some broth in a small cup with a cover, and told me to take it over to the Talbot Arms. I gave it to one of the servant girls, either Mills or Lavinia Barnes. I cannot tell whether the broth was hot or not.

Sarah Bond

Sarah Bond, examined by Mr. Huddleston—I was housekeeper at the Talbot Arms in November last. I saw Mr. Cook on the Thursday after he returned from Shrewsbury Races. I heard him say he was very poorly. About eight o’clock on Sunday evening I saw him in bed. He said he had been very ill, but was better. Soon after I came into the room I saw the prisoner. I asked what he thought about Mr. Cook, and he told me he was better. On the Saturday night I spoke to him about the advisability of having some one to be with Mr. Cook during the night. He said that either he or Jerry Smith would be there. I also spoke to him about it on the Sunday night, but he said that Cook was so much better he would not require any one. He would be much better without it. I asked him if Daniel Jenkins, the boots, should not sleep in the room, but he said he would much rather not. On Monday morning, a little before seven, he came into the kitchen to me. He said Cook was better, and asked me to make a cup of coffee for him. I made the coffee. He remained in the kitchen while I was making it, and took it from me to give to Mr. Cook. He said he was going to London that day, and he had asked Mr. Jones to come to be with Cook while he was away. Between eleven and twelve on Monday night the waitress came and told me that Mr. Cook was very ill. I went up to his room. There was no one with him. He was sitting up a little on the bed, and seemed disappointed when I came in that it was not Palmer. He said it was Mr. Palmer he wanted. I did not remain in the room above two or three minutes. I did not go downstairs, but remained on the landing, and was still there when Mr. Palmer came. I could see into the room from where I was standing. Palmer went into the room, and I heard he was giving him some pills. He then came out to fetch some medicine, and was not many minutes away before he came back. After he returned, I heard Mr. Cook was very sick and very ill. He told Mr. Palmer he thought he should die, and he must not leave him. Mr. Palmer came out again, and I asked him if Cook had any relatives. He said he had only a stepfather. I saw Cook on Tuesday, between three and four, when Mr. Jones came. I took him a little jelly shortly after six. He seemed very anxious for it, and said if he did not have something he thought he should die. He seemed a little better. I did not see him again alive.

Sarah Bond

Cross-examined by Mr. Grove—I did not see Palmer on the Monday evening until a little before twelve. The last train, which stops at Rugeley at eight o’clock, is not an express train. The express does not stop at Rugeley, and passengers coming by the express have to take some conveyance from Stafford. I cannot say when they would arrive in the ordinary course. On the Monday night when I went up to Cook’s room he seemed disappointed that it was not Mr. Palmer. He seemed to be worse than he was. At that time Barnes had gone to fetch the doctor. Mr. Palmer came directly I left the room. I was led to ask what relatives the man had as he seemed so very ill, and I heard him telling Mr. Palmer he thought he should die.

W. H. Jones

Mr. William Henry Jones, examined by the Attorney-General—I am a surgeon and medical practitioner at Lutterworth, and have been in practice for fifteen years. I have known the deceased, Cook, intimately for nearly five years. I have known of his acquaintance with William Palmer for over a year. He looked upon my house at Lutterworth as his home, and I attended him if there was anything the matter with him. His health was generally good, but he was not very robust. I think he hunted and played cricket. On the Tuesday of the Shrewsbury Races, the day on which his horse “Polestar” won, I spent the day with him at his invitation. We dined together in the evening at the Raven Hotel. He accompanied me when I left for the station. On our way there we called at the house of Mr. Fraill, the clerk of the course. I was present during a conversation they had along with Whitehouse, the jockey. Cook produced his betting book and calculated his winnings. He had seven to one. Cook was with me till I left the hotel at ten o’clock. He was not in the least the worse of liquor, and seemed to be in his usual health. On the Monday I received the following letter from Mr. Palmer:—

November 18, 1855.

My dear Sir—Mr. Cook was taken ill at Shrewsbury, and obliged to call in a medical man; since then he has been confined to his bed here with a very severe bilious attack, combined with diarrhœa, and I think it advisable for you to come and see him as soon as possible.

W. H. Jones

I was ill on the Monday when I received the letter, and did not arrive at the Talbot Arms, Rugeley, till half-past three on Tuesday afternoon. I saw Cook there, and he expressed himself as very comfortable, but said he had been very ill at Shrewsbury. I examined Cook in Palmer’s presence. His pulse was natural and his tongue was clean. When I remarked upon this to Palmer he said, “You should have seen it before.” I prescribed nothing for Cook at that time. I visited him several times in the course of that afternoon, and he seemed improved in every way. I gave him a little toast and water, which was in the room, and which he vomited. There was no diarrhœa as far as I was aware. Mr. Bamford, who I learned from Palmer had been attending, came about seven o’clock. He expressed his satisfaction with Cook’s improved state of health. Whilst Bamford, Palmer, and I were consulting what we should prescribe for him, Cook objected to the pills he had had the previous night. He said they made him ill. The three of us then withdrew, and Palmer proposed that Mr. Bamford should make up the morphine pills as before, but not to mention what they contained, as Cook objected so much to morphine. Mr. Bamford agreed to it, and went away. Palmer and I went into Cook’s room. I was in and out of the room during the whole evening, and he seemed very comfortable. I observed no more vomiting nor any diarrhœa. There were no bilious symptoms whatever, nor were there any signs of his having recently suffered from a bilious attack. About eight o’clock I went with Palmer over to his house. I returned to Cook’s room in about a quarter of an hour. Palmer came back about eleven o’clock with a box of pills. He opened them in my presence and showed me the directions on a slip of paper round the box. He remarked, “What an excellent hand for an old man upwards of eighty to write.” It was very good writing indeed. Palmer proposed to Cook to take the pills, but he protested, as they had made him so ill the previous night. Ultimately he did take them, and he immediately vomited into the utensil. Both Palmer and I, at his request, searched the utensil for the pills, but we found nothing but the toast and water, so that the pills were retained. After he vomited he lay down very comfortably, and we left him. Before he had taken the pills he had expressed himself stronger, and had got up and sat in a chair. During the evening he had been very jocose, speaking of what he should do during the winter, and of his future plans and prospects. After he had taken those two pills, at eleven o’clock, I went downstairs and had some supper. I returned about twelve to his room, had some conversation with him, and then went to bed, it being arranged that I should sleep in his room, which was a double-bedded one, that night. At the time I last talked to him he seemed rather sleepy, but quite as well as usual, and there was nothing to excite any apprehension in my mind. I had been in bed ten minutes, and had not gone to sleep, when he suddenly started up in bed and called out, “Doctor, get up; I am going to be ill; ring the bell for Mr. Palmer.” I rang the bell, and the chambermaid came to the door. He himself called out to her, “Fetch Mr. Palmer.” He asked me to rub his neck. I rubbed the back part of his neck and supported him with my arm while doing so. There was a stiffening of the muscles; a sort of hardness about the neck. Palmer came very soon indeed; two or three minutes at the most. He made the remark, “I was never so quickly dressed in my life.” I did not observe how he was dressed, as I was so engaged. He gave Cook two pills, which he said were ammonia pills. Directly he swallowed the pills he uttered loud screams, threw himself back in the bed, and was dreadfully convulsed. As the pills had immediately before been taken, it certainly could not have been from their action. He said to me, “Raise me up or I shall be suffocated.” The convulsions lasted five or ten minutes. It was at the commencement of the convulsions that he called out to raise him up or he should be suffocated. All the muscular fibres were convulsed; there was a violent contraction of every muscle of the body, and a stiffening of the limbs. When he called out to me to raise him, I endeavoured to do so with the assistance of Mr. Palmer, but found it was quite impossible owing to the rigidity of the limbs. When he found I could not raise him up he asked me to turn him over, which I did. He was quite sensible. After I had turned him over I listened to the action of his heart. I found it gradually to weaken. I requested Palmer to fetch some spirits of ammonia in the hopes of reviving him. Palmer fetched a bottle from his house. He was not away above a minute. When he returned, Cook’s heart was gradually sinking, and life was almost extinct. He died very quietly. He was not able to take the ammonia, and it was very soon after Palmer returned that he died. From the time when he raised himself in bed and called upon me to go for Palmer to the time when he died would be from ten minutes to a quarter of an hour. In my judgment, as a medical man, he died from tetanus, or, in ordinary English parlance, lockjaw.

Does it involve, ordinarily speaking, a mere locked jaw?—Yes, that is the common term. Locked jaw is one of the symptoms of tetanus. Every muscle in the body was affected in the same manner.

How would you express in ordinary English the general symptoms of what you call tetanus in one word?—Violent spasmodic affection of all the muscles of the body. That effects the immediate cause of death by stopping the action of the heart, and also the breath, from its effect on the diaphragm. It affects the respiratory muscles and stops respiration. It is that spasm of the respiratory muscles which causes the sense of suffocation. When death took place he was still upon his side. He remained in that position after death. I did not turn the body upon its back. The outward appearance of the body after death was very dark. As there was only one candle in the room, I could not make the observation I otherwise should have made. Both his hands, the left hand particularly, which I had in my hand, were clenched. I observed the clenching of the hands immediately the attack took place, when he threw himself back immediately after taking the pills Palmer brought over. When I was rubbing his neck I did not see the hands clenched.

Did you observe either before or at the time of death, or immediately afterwards, anything in the position of the head and neck?—Yes; the head was quite bent back.

When you say bent back, do you mean bent back into an unnatural position?—Yes; by spasmodic action. The body was twisted back like a bow; the backbone was twisted back.

W. H. Jones

By Lord Campbell—When did you observe that appearance—immediately after death, or all the time?—Indeed, after throwing himself back, he was immediately drawn back.

Examination resumed—If I had placed the body at that time upon the back, on a level surface, it would have rested upon the head and heels. As his face was turned away from me, I did not observe anything immediately after or at the time of death about the jaw. After death I saw the jaw was not in its natural condition; it was all affected by spasmodic action. I spoke to Palmer about the laying out of the body, and left him alone in the room while I went downstairs to see Miss Bond. I returned in a few minutes and found Palmer with Mr. Cook’s coat in his hand. He remarked that I, being Cook’s nearest friend, should take possession of his effects. I did so, and took possession of his watch and his purse, containing five sovereigns and five shillings. That was all I could find. I did not find any betting book or any papers. After that, before Palmer left, he said something to me upon the subject of affairs as between Cook and himself. He said, as near as I can recollect, “It is a bad thing for me, as I was responsible for £3000 or £4000, and I hope Mr. Cook’s friends will not let me lose it. If they do not assist me, all my horses will be seized.” Nothing was said by him about securities or paper.

By Lord Campbell—In the consultation which we three medical men had on Tuesday night nothing was said about the symptoms, the spasms, which had occurred the night before.

Cross-examined by Mr. Serjeant Shee—I know that Mr. Cook had been under treatment by Dr. Savage for some time.

You knew he had treated himself a good deal with mercurial treatment?—No, not a great deal. I know that he had had a sore throat for two or three months. In the summer it was bad. It was slightly ulcerated; not a very extreme case; the back part of the tongue. He could swallow, but it gave him a little pain occasionally. It depended upon what he did swallow. I knew he had found it necessary to apply caustic to his tongue. For two months before his death he had ceased to do it. After that he never complained of occasional pain in his throat or his tongue. I did not see much of him during these two months. He was attending most of the races.

W. H. Jones

Was he apprehensive about some spots which appeared upon his body?—I never heard him mention it. I had heard him express apprehensions of his being affected by secondary symptoms of venereal disease. His habits were, generally speaking, correct, though he may occasionally have gone astray, and perhaps was not very particular. I do not know that he had a chancre at the time he died, although I believe he had one twelve months ago. I was not present at either of the post-mortem examinations. I was at Shrewsbury Races with him on the Tuesday, and I knew he was very anxious, as the winning of the race was of great consequence to him. After the race was run he was so excited that for two or three minutes he could not speak to me. He was elated and happy the rest of the day, but he was not at all intoxicated. He was a very temperate man. That night when he was first attacked, and when Palmer came, Cook said, “Palmer, give me the remedy you gave me the night before.” I was rubbing his neck for about five minutes, I should think. After I turned him over on his side to the time of his death three or four minutes would elapse. He died so very quietly that I could hardly tell when he did die. I have seen cases of tetanus before.

You said nothing about tetanus at the inquest?—Yes, I did; convulsions and tetanus.

Did you not say at the time it was from over-excitement that he died?—I could not tell the cause. I was so much taken by surprise. I said I had no idea of the cause of death.

Whatever you said about “violent convulsions,” did you say, “I could not tell the cause; I imagined at the time it was from over-excitement”?—Yes.

[The deposition of the witness before the coroner was read.]

You say in your deposition you had been in your bed a quarter of an hour or twenty minutes. Was it not as much as twenty minutes?—I do not think it was. I had not begun to dose. I do not remember ever having stated I thought he died of epilepsy. Mr. Bamford said it was apoplexy; I said it was not. I could not make up my mind what sort of fit it was. I said it was more like an epileptic fit than apoplexy.

Re-examined—There was a partnership between Cook and Palmer about the mare “Pereine,” but it was discontinued some months before Cook’s death, and the mare became the property of Palmer. I have only seen one case of traumatic tetanus.

Was that from a wound?—From a wound in the thumb. It ended in death.

How long was the patient in dying from the time he received the wound?—Three days. The patient died of lockjaw. I have seen cases of epilepsy.

Are there any such symptoms in epileptic fits as those convulsive spasms of the muscles?—No; the consciousness is lost, and there is none of this rigidity of the muscles. In apoplexy consciousness is generally lost too. I am satisfied in my own mind that this case was not apoplexy.

W. H. Jones

By Lord Campbell—Supposing he had any secondary symptoms of syphilis, do you think they could have produced the symptoms you saw on the Tuesday night?—No, I say not, decidedly, and for two months before death he was clear of them, and the throat was well.

E. Mills

Elizabeth Mills was recalled and said that on the Monday morning Cook told her that during the night he had been disturbed. He said, “I was just mad for two minutes.” She asked him why he did not ring the bell, and he replied he thought we should all be fast asleep, and it passed over. He said he thought he was disturbed by hearing a quarrel in the street.

By Lord Campbell—What did he say about the street?—He thought he was disturbed by hearing a quarrel in the street. He was not sure that it was that which had made him ill; that he might have been asleep, and the quarrel might have disturbed him. I cannot positively recollect whether he said so or not.

H. Savage

Henry Savage, examined—I am a physician. I have known the deceased man Cook for about four years. He was not a man of robust constitution, but his general health was good. In the spring of 1855 he consulted me about some spots on his skin—one on his arm and one on his forehead. He had two shallow ulcers on the tongue corresponding to bad teeth. He thought these spots and ulcerations were secondary syphilitic symptoms, and had been undergoing a mild mercurial course. I recommended its immediate discontinuance, and prescribed him quinine as a tonic, and an aperient containing cream of tartar, magnesia, and sulphur. I never at any time gave him antimony. He was quite well by the end of May. He still continued to see me, as he was not quite sure about the correctness of my notions of his not having syphilis. I examined him from time to time, and the only thing the matter with his throat was that one of his tonsils was slightly enlarged; it was red and tender. There was nothing of a syphilitic character in the appearance of his throat. I saw him about a fortnight before his death, when I recommended him to go abroad for two years, as I wished to get him away from his turf associations. I examined him thoroughly at that time, and beyond a very shallow scar of some former excoriation, to which he told me he was liable, there was nothing venereal about him. There was no chancre nor any sore on any other part of his body.

Cross-examined—He was a weak man, and apt to take the advice of any person he might be in company with. The last time I saw him he had a redness over one tonsil, showing there was tenderness. He had three or four superficial ulcers on his lips.

C. Newton

Charles Newton, examined—I am assistant to Mr. Salt, practising surgeon at Rugeley. On Monday, 19th November, about nine o’clock in the evening, Palmer came in to Mr. Salt’s surgery. He asked me for three grains of strychnia, which I gave to him. I do not think he was in the shop above two minutes. Between eleven and twelve on the next day I saw him again in the shop of Mr. Hawkins, a druggist. He was in the shop when I went in. He put his hand between my shoulders and said he wished to speak to me. I went to the door with him and out into the street. He asked me when Mr. Edwin Salt, the son of Mr. Salt, was going up to his farm at Sudbury. Palmer had nothing to do with that at all. While we were talking, a Mr. Brassington came up and entered into conversation with me about some bills for money he had against my employer. Palmer left us and returned to the shop, and came out again while we were still talking. He went in the direction of his own house, which is between 200 and 300 yards away. I went into the shop after my conversation with Mr. Brassington and saw Roberts, who was serving. I know Mr. Thirlby, who deals in drugs. He was formerly an assistant to Palmer, and succeeded to his business. He dispenses all Palmer’s medicines for him. About seven o’clock in the evening of Sunday, the 25th November, I went to Palmer’s house in consequence of being sent for by him. There was no one else there. He asked me what dose of strychnia would kill a dog, and whether it would be found in the stomach. I told him a grain, and that there would be no inflammation, and I did not think it would be found. I think he said, “It is all right,” as if speaking to himself, and snapped his fingers. I heard the next day that the post-mortem examination of Cook’s body was to take place. On my way to the post-mortem, about ten o’clock in the forenoon, I saw Palmer at Bamford’s, and I told him where I was going. He, Dr. Harland, and I went down together to the Talbot Arms for the examination. Palmer and I were left alone together in the entrance to the hall. He remarked it would be a stiff job, and asked me to go over to his house for some brandy. We did so. While we were taking the brandy he said, “You will find this fellow suffering from diseased throat; he has had syphilis.” We then returned to the Talbot Arms. I was examined before the coroner, but I said nothing about giving Palmer the three grains of strychnia on Monday night.

C. Newton

Cross-examined—When I was first examined on behalf of the Crown I mentioned the circumstance of the conversation about poisoning the dog. Before that I mentioned it to Mr. Salt, but I cannot remember when. I gave a statement to Mr. Gardner some time after the inquest. I mentioned about the dog, but did not speak about the 3 grains of strychnia. I made no mention about these matters at the inquest. I gave evidence about my conversation with Palmer at the door of Hawkins’ shop. I knew my evidence was with reference to the supposed purchase of strychnia by Palmer at the shop. The first time I informed the Crown with reference to the purchase of the 3 grains on the Monday was on Tuesday last. At the post-mortem examination I did not point out any chancre to the medical men there. It was not mentioned at all, and I did not see one nor the marks of one.

Re-examined—The reason why I did not mention about the purchase of the 3 grains of strychnia before last Tuesday to the Crown was because Mr. Salt was not on speaking terms with Mr. Palmer, and I thought Mr. Salt would be angry at my letting him have it. I communicated the fact of my own accord.

The Court then adjourned.

Trial of William Palmer

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