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<p>490.
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<interp inst="def1-490-18560514" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PALMER</hi> </persName> was indicted
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<interp inst="t18560514-490-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18560514-490-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
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<interp inst="t18560514-name-102" type="gender" value="male"/>
<interp inst="t18560514-name-102" type="surname" value="COOK"/>
<interp inst="t18560514-name-102" type="given" value="JOHN PARSONS"/>
<join result="offenceVictim" targOrder="Y" targets="t18560514-490-offence-1 t18560514-name-102"/>John Parsons Cook</persName>: he was also charged on the Coroner's Inquisition with a like offence.</rs> </p>
<p>
<hi rend="smallCaps">
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<interp inst="t18560514-name-103" type="given" value="ATTORNEY-GENERAL, EDWIN"/>MR. ATTORNEY-GENERAL, MR. EDWIN JAMES</persName> </hi>, Q. C.,
<hi rend="smallCaps">MR. BODKIN</hi>,
<hi rend="smallCaps">MR. WELSBY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. SERJEANT. SHEE, MR. GROVE</hi>, Q. C.,
<hi rend="smallCaps">MR. GRAY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. KENEALEY</hi>.
<hi rend="italic">conducted the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-104" type="witnessName">
<interp inst="t18560514-name-104" type="gender" value="male"/>
<interp inst="t18560514-name-104" type="surname" value="FISHER"/>
<interp inst="t18560514-name-104" type="given" value="ISHMAEL"/>ISHMAEL FISHER</persName> </hi>. I am a wine merchant, residing at No. 4, Victoria-street, Holborn. I am in the habit of attending races, and betting occa
<lb/>sionally on races—I knew the deceased, John Parsons Cook—I had known him, I should think, about two years—I was at the Shrewsbury races in Nov., 1855—I remember the race for the Shrewsbury Handicap—a mare, called "Polestar," the property of Mr. Cook, won that race—it was on Tuesday, 13th Nov.—I saw Mr. Cook on that day on the course—he then appeared quite as well as he had been for any time that I had known him—I had been in the habit of seeing him at different races—while I was at Shrewsbury I was stopping at the Raven Hotel—I know Palmer the prisoner, very well—I have known him, I should think, about the same time I have known Cook, or perhaps a little more—Cook and Palmer were also stopping at the Raven Hotel—they occupied the adjoining room to mine—there was only a wooden partition between my room and their's—they</p>
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<p>occupied a sitting room jointly—I saw them there together—between 11 and 12 o'clock, on the Wednesday night, I went into their sitting room—I thete found Mr. Cook, Mr. Palmer, and Mr. Myatt; I believe ne is a saddler, at Kugeley—he is a friend of Palmer's—they each appeared to have some grog before them—I observed that Cook had a glass of brandy and water before him—he asked me to sit down, and I did so—Cook asked Palmer to have some more brandy and water—Palmer said, "I shall not have any more till you have drunk yours"—Cook on that said, "Oh, I will drink mine"—he then took Up his glass and drank it at a draught, or nearly so; he might have made two draughts of it—he drank it off immediately—after he had drunk it, he said there was something in it—he said that within a minute after he had drunk it—he said, "It burns my throat dreadfully," or some such words—on his saying that, Palmer got up, and took up the glass—he sipped up what was left in the glass, and said, "There is nothing in it"—I should think there was certainly not more than a teaspoonful left in the glass—Cook had apparently emptied the glass—in the mean time a Mr. Read, whom I knew, came in—he is a wine merchant—he attends races—Palmer handed the glass to him, and asked him if he thought there was anything in it—it was handed to me also—Mr. Read and I each said, the glass being so empty, we could not recognize anything—I said I thought there was rather a strong scent on it—I did not make any other remark, only that I could not detect anything besides brandy—I could not say there was anything besides brandy.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you taste it?
<hi rend="italic">A.</hi> There was no chance of tasting it—I did not put it to my lips—the glass was completely drained at the time—I gave my opinion about it from the smell.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Shortly after this did Cook retire from the room?
<hi rend="italic">A.</hi> He did—I should say that was within ten minutes after—he came back, and called me from the room—I went with him into my own sitting room—he was very ill—he told me he had been very sick, and asked me to take his money—he stated what he had been suffering from—(
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">submitted that no such statement was receivable.</hi>
<hi rend="smallCaps">LORD CAMPBELL</hi>.
<hi rend="italic">was of opinion, that anything stated as to the effect produced upon him by what he had taken was admissible</hi>)—he said he had been very sick—he thought that d—d Palmer had
<hi rend="italic">dosed</hi> him—he handed me over some money on that occasion—it was over 700
<hi rend="italic">l</hi>.; I cannot remember exactly; between 700
<hi rend="italic">l</hi>. and 800
<hi rend="italic">l</hi>.—it was all in bank notes—he gave it me to take care of it—he did not say until when I was to take care of it—Palmer and Cook did not sleep in the same room.</p>
<p>
<hi rend="italic">Q.</hi> After he had given you this money, did you see him again suffering that night from sickness?
<hi rend="italic">A.</hi> Oh yes; he was seized immediately again, in my sitting room, with vomiting—that was after he had given me the money—he retired to some place of retirement, and came back to me again—he again explained to me from what he had been suffering, and asked me to go to his bedroom—he repeated what he had said before, that he had been again very sick—I went Up to Ms bedroom with him; and a Mr. Jones, a stationer, who was there, went with me to his bedroom—while I was there he vomited again violently—foe was so ill, that I thought it right to send for a doctor, Mr. Gibson—Mr. Gibson came and attended him—we remained with him till 2 o'clock, or a little after—I went for Mr. Gibson a second time—I should think it must have been about half past 12, or a quarter to 1 o'clock, that Mr. Gibson was sent for first, and about twenty minutes afterwards we sent for him again, or sent for some second medicine.</p>
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<p>
<hi rend="smallCaps">COURT</hi>. When did you send for him the second time?
<hi rend="italic">A.</hi> About 1 I o'clock, as near as I remember.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Was he more composed afto he had seen the doctor, and taken the mediciue?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did Mr. Gibson give him some medicine?
<hi rend="italic">A.</hi> He sent him some medicine, but he did not administer it himself—he lent him some medicine which he took—we gave him the medicine I mean Mr. Jones and myself.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> You gave him the medicine which Mr. Gibson had sent?
<hi rend="italic">A.</hi> Yes—I saw Palmer next morning; about 10 o'clock, in my own sitting room—he was there when I got down stairs—I found him there—he said that Cook had been stating that he had given him something last night, that he had been putting something in his brandy, or something to that effect; "but," he said, "I never play such tricks with people; I can tell you what he was; he was d—d drunk"—I should say he was certainly not drunk—I had not seen him at dinner on the previous evening; it was some time after his dinner—from what I saw of him, he was certainly sober.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he affected by liquor?
<hi rend="italic">A.</hi> Not at all approaching drunkenness.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> On this same morning, did Cook come into your bedroom after he had got up?
<hi rend="italic">A.</hi> Yes, he came into my bedroom before I left my room—he was looking very ill, but was much better—I gave him back; his money—I saw him on the race course at Shrewsbury on that Thursday, I think about 3 o'clock—he looked very ill then—I had always been in the habit of settling Cook's bets for him; I mean when he did not settle them himself—I had been in the habit of paying and receiving for him at Tattersall's and other places—I saw Cook's betting book in his hand at Shrewsbury—I should say it was a little more than half the size of this book (
<hi rend="italic">producing a small one</hi>,) the same kind of book—I cannot remember what colour it was, but, as near as I can remember, it was very near this colour—on Saturday, 17th, I paid to Mr. Pratt, by Mr. Cook's direction, a sum of 200
<hi rend="italic">l</hi>., by a cheque—the account for what he had won or lost at Shrewsbury would, in the ordinary course, have been settled at Tattersall's on the following Mon
<lb/>day, the 19th—as his agent, I expected to have to settle that account—I advanced the 200
<hi rend="italic">l</hi>. on the Saturday to pay Mr. Pratt—I knew that he had won at Shrewsbury considerably—If I had had his account to settle, in the ordinary course, on the Monday, at Tattersalls, I should have been entitled to deduct the 200
<hi rend="italic">l</hi>. that I had advanced on his account to Mr. Pratt—that was the course of dealing between us—I did not settle that account and, consequently, could not repay myself the advance.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJENT SHEE</hi>.
<hi rend="italic">Q.</hi> How long had you known Cook?
<hi rend="italic">A.</hi> About two years—I had known Palmer little longer—knew that they were a good deal connected in racing transactions—I do not remember settling any transaction for Cook in which he and Palmer were jointly interested—I do not know whether they owned any horses jointly; they appeared to be very intimate, they were a good deal together, generally staying at the same hotels—I was not at the Worcester meeting—I knew that Cook won considerably at Shrewsbury—I knew thai Polestar was his mare—I do not know whether Palmer won—I cannot say at what hour the races began on the Tuesday, they generally begin about 2 o'clock, or earlier—I should think Polestar ran perhaps an hour after the races com
<lb/>menced, but as for the time I win not undertake to say.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Polestar would ran about 3 o'clock, then?
<hi rend="italic">A.</hi> I should imagine so.</p>
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<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Did you see Cook on the coarse after the race?
<hi rend="italic">A.</hi> I did—he appeared very much elated and gratified—the mare won the race pretty easy—when I went into the room in the evening in which Cook, Palmer, and Myatt were, I remember seeing a glass before Mr. Palmer, and before Mr. Cook—I could not answer for Myatt's glass, he was sitting in a corner by the fire place—I believe there was a decanter on the table—I do not know whether there was more than one, I think not—I did not observe the glasses sufficiently to see whether both had been drinking—Cook asked me to sit down, and he asked me to take something—I believe directly I sat down there was some more brandy ordered—I do not think I took any, I do not remember drinking any—I cannot say positively—I was not tipsy—I do not think I drank anything, I would not swear I did not—I like brandy and water very well—I am a wine merchant, I should be a good judge of it by the smell, and believe I am—when I had smelt the glass, I said that it had a strong smell about it, but I thought there was nothing in it except brandy—the glass was so perfectly empty, it had been so completely drained, there was very little to smell in it—I counted the money—I had been at the Unicorn that evening, I should think that was quite an hour before this occurred, before I went into the room, perhaps more—I had dined at the Raven, we generally dine about 6 o'clock—I should think it was about 6 o'clock, or between 6 and 7 o'clock, most likely—I cannot say whether Cook dined there—I do not remember seeing him that afternoon, till I saw him at the Unicorn.</p>
<p>
<hi rend="italic">Q.</hi> Do you know that Palmer left Shrewsbury immediately after the races?
<hi rend="italic">A.</hi> There was a report of that kind—I do not know it—I did not see him any more after the races that day—I saw Cook and Palmer too at the Unicorn on the Wednesday night, before I saw them at the Kaven—I think that was about 9 o'clock, or between 9 and 10 o'clock—I cannot say whether he was drinking there—I merely looked into the room and stepped back again—I saw Mr. Saunders, the trainer, in the room, with Mr. Palmer, Mr. Cook, and a lady—I do not know whether they had glasses and drink before them.</p>
<p>
<hi rend="italic">Q.</hi> Do you know whether it happened to a good many persona to be ill at Shrewsbury on the Tuesday or Wednesday?
<hi rend="italic">A.</hi> No, I do not know that it did, I did not hear of it, I had a friend who was rather poorly there, but a different kind of illness to Mr. Cook's, not at all serious—I do not know that many people connected with the races felt ill, and complained of illness—I think the Wednesday was rather a dull day; it was damp under foot, but I do not know that it rained, I forget—I saw Cook about the race course several times on the Wednesday—I remember that the weather was rather cold and damp on the Thursday, but whether it rained or not I would not swear—I think we had some rain on the Thursday, but I would not swear—I do not know whether Cook and Palmer breakfasted together on the Thursday morning, but I believe they did—I cannot say that I saw them together on the course on the Thursday—I do not know whether they left Shrewsbury together—on 17th Nov. I received a letter from Cook—the solicitor has it—this is it—it is dated Rugeley, 16th Nov., 1855—(
<hi rend="italic">read</hi>: "Dear Usher,—It is of very great importance to both Mr. Palmer and myself that a sum of 500
<hi rend="italic">l</hi>. should be paid to Mr. Pratt, of Queen-street, Mayfair, to-morrow, without fail; 300
<hi rend="italic">l</hi>. has been sent up to
<lb/>night, and if you will be kind enough to pay the other 200
<hi rend="italic">l</hi>. to
<lb/>morrow, on receipt of this, you will greatly oblige me; I will settle it on Monday, at Tattersall's. I am much better. Yours, J. Parsons Cook")</p>
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<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> That was the 200
<hi rend="italic">l</hi>. you were to pay to Pratt?
<hi rend="italic">A.</hi> Yes; I received it at No. 4, Victoria-street, London.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> After baring told me that you received that letter, do not you know they had for some time before been connected in racing transactions?
<hi rend="italic">A.</hi> I considered they were; but I had no proof of that.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Am I to understand you to say that they were partners, or anything of that sort?
<hi rend="italic">A.</hi> I did not say so; I did not intend to say so—I had no knowledge of any interruption of their intimacy—I could always tell that Cook had no great respect for Mr. Palmer, though he was connected with him—I have heard him speak rather disrespectfully of him—it was the Handicap race that Polestar won—I know that Palmer had a horse there, called Chicken—Chicken ran that day, the Thursday—she lost—I heard that Palmer had bets on that race—Cook was not more elated at winning the race than persons generally are whose horses win—I was staying at the Raven—I am not sure that I took any brandy and water at that house.</p>
<p>
<hi rend="smallCaps">
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<interp inst="t18560514-name-105" type="gender" value="male"/>
<interp inst="t18560514-name-105" type="surname" value="JONES"/>
<interp inst="t18560514-name-105" type="given" value="ROBERT"/>ROBERT JONES</persName> </hi>. I am a law stationer, in Carey-street I was at Shrews
<lb/>bury bury races last Nov.—I lodged at the Raven—I got there on the Monday night—on that night Cook supped there with me and Mr. Herring, Mr. Fisher, and a person of the name of Grabatt—he appeared well—I saw him on the Tuesday, and on the Wednesday again, and he appeared quite well on those days—I and Mr. Fisher went to the Raven between 11 and 12 o'clock on Wednesday night—Read was also with us there in the same room—Cook came into my room, and invited me into his; I went there and found, among others, Mr. Palmer there—I did not go into the room with Mr. Fisher and Mr. Read, I went up stairs first, and then went in and found Palmer and other persons—after the party broke up, Fisher came to me and told me something about Cook, in consequence of which I went up into his bedroom and found him complaining of a burning in his throat, and saw him vomiting—some medicine was brought, some pills and a draught—Cook refused to take the pills, and in consequence of that I went to the medical man, I do not know his name—I got some liquid medicine which I brought back, and gave a portion of it to Cook, about a teaspoon full, I think; I put a small quantity in a wine glass, and added some water in it—he was then in bed—after twenty minutes or a quarter of an hour he took the pills also—I saw him again next morning early, between 6 and 7 o'clock; he was still in bed, and told me he felt easier and better than on the pre
<lb/>vious night—he looked pale being in bed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-106" type="witnessName">
<interp inst="t18560514-name-106" type="gender" value="male"/>
<interp inst="t18560514-name-106" type="surname" value="READ"/>
<interp inst="t18560514-name-106" type="given" value="GEORGE"/>GEORGE READ</persName> </hi>. I live in Victoria-street, near Farringdon-market, and keep a house there frequented by sporting men. I was acquainted with Cook and with Palmer—I saw them at Shrewsbury races in Nov.—I was there on the Tuesday of the race, and saw them both on the course—I saw Cook more than once on the course, and had one bet with him—he appeared on that Tuesday in his usual health, as well as I have always seen him—I was on the course on the following day, Wednesday, and saw him there then in apparently the same state of health—I stopped at the Raven—on that Wednesday night I went into the room where Palmer and Cook were sit
<lb/>ting, at the Raven, between the hours of 11 and 12 o'clock—there was another gentleman in the room, and I think there was more than one—one gentleman was sitting on the sofa, and I saw Mr. Cook standing up, and Mr. Palmer standing up—it was merely a practice to go into the room before we went to bed, we were in adjoining rooms, and we went to have a</p>
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<p>glass of brandy and water before we retired to refit—the brandy and water was there before I went in—while I was there, I saw that Cook was in pain, that was almost immediately after I entered; I did not ask him any question, I heard him say to Mr. Palmer that there was something in the brandy and water, he was addressing us all—I had not observed him drink any of the brandy and water before he made that observation—Mr. Palmer then handed me the glass to taste it, but there was nothing in it—I said, "What is the use of handing the glass when it is empty?"—I believe Cook left the room, I did not see anything more of him that night—I saw him about 11 o'clock on the following morning, he was up and in the sitting room—he did not make any complaint to me direct, I heard him say to Mr. Herring or Mr. Howard, that he was very ill.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> That he wad very ill, or had been?
<hi rend="italic">A.</hi> That he was very ill—on Tuesday he was as well as I have always seen him—I should consider that he was in a delicate state of health—he had a pallid complexion—he was never, to my knowledge, in the habit of complaining that he was unwell.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">A.</hi> You had some of the brandy and water?
<hi rend="italic">A.</hi> I had; it did not disagree with me.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Where was your brandy and water got from!
<hi rend="italic">A.</hi> From the hotel, below—there was another decanter sent for while I was in the room, it is not likely that we should have taken it from that—it was brought in by the waiter—Cook was rather a delicate man in appearance—I never knew anything specific the matter with him, all I mean to say is, that he had the appearance of not being a strong man—I should think he attended every race regularly—in that pursuit he was exposed a good deal to the open air, like the rest of us—I have never known him to be prevented by illness from attending on that pursuit.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-107" type="witnessName">
<interp inst="t18560514-name-107" type="gender" value="male"/>
<interp inst="t18560514-name-107" type="surname" value="GIBSON"/>
<interp inst="t18560514-name-107" type="given" value="WILLIAM SCAIFE"/>WILLIAM SCAIFE GIBSON</persName> </hi>. I am an assistant to Mr. Heathcote, a surgeon, at Shrewsbury. On 14th Nov. I was sent for to the Raven Hotel, Shrews
<lb/>bury—I got there I suppose between 12 and 1 o'clock at night—I saw Mr. Cook in his bedroom, he was not in bed—he complained of pain in his stomach, and heat in his throat, and he likewise told me that he thought he had been poisoned—I felt his pulse, it was about ninety—I looked at his tongue, and it was perfectly clean—he appeared very much distended about the abdomen—I recommended him an emetic, and he said he could make himself sick with warm water—I sent the waitress for some warm water, and three quarters of a pint was brought—I recommended him a feather, and he said that he could make himself sick with the handle of a tooth brush, which he did—he drank the whole of the water—I noticed what came from him, it was perfectly clean and clear—I told him I would send him some medicine—I sent him two pills and a draught by Read—the pills were compound rhubarb and about three grains of calomel—it is in the Pharmacopœia—I sent directions that the draught was to be taken about twenty minutes afterwards—that was composed of mistura sennacum, that is an infusion of senna, what we call black draught—I afterwards, that same night, saw Mr. Jones—that could not have been much more than half an hour after I had given the pills and draught to Bead—I gave Mr. Jones some medicine for him, an anodyne draught and anti-spasmodic draught; that was divided into two draughts—Mr. Heathcote saw him that evening, but I did not see him after the time I was there.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Did you form an opinion of what was the matter with him?
<hi rend="italic">A.</hi> I went to work, and treated it as if he</p>
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<p>had taken poison—I took him At his word—I noticed nothing in what he vomited up—he had pain, which is a symptom of having taken poison—that is not very uncommon—he appeared a little excited, but appeared to know what he was doing very well, and what he wan saying, and the idea of taking the poison would have some effect on the brain—by saying that he appeared a little excited, I do not mean that he appeared a little tipsy, but excited by drink only—the brain was stimulated with the brandy and water—in my judgment, what I prescribed for him was a good thing, according to the circumstances, if he had taken poison.</p>
<p>
<hi rend="italic">Q.</hi> Would not it have been better to get it up at oncet?
<hi rend="italic">A.</hi> Well, he threw up all the warm water—I gave him a good deal, three quarters of a pint, I thought that cleansed his stomach—I thought that would be an additional remedy, on account of his bowels being so distended—I saw nothing like bile in the basin, but on the edge of the basin I did, which he must have thrown up before, not at the time.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> What quantity?
<hi rend="italic">A.</hi> About the size of a pea—the water he threw off while I was there was perfectly clear—his tongue was perfectly clean, but in a bilious attack, if the stomach had been wrong any time, it would have been this colour (
<hi rend="italic">mahogany.</hi>)</p>
<p>
<hi rend="smallCaps">
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<interp inst="t18560514-name-108" type="gender" value="female"/>
<interp inst="t18560514-name-108" type="surname" value="MILLS"/>
<interp inst="t18560514-name-108" type="given" value="ELIZABETH"/>ELIZABETH MILLS</persName> </hi>. I was chambermaid at the Talbot Arms, Rugeley, in Nov. last—I had been about two years in that service—I know the prisoner—I did not know that he was in practice, but he was considered a medical man—he was in the habit of coming to the Talbot Arms—I knew Mr. Cook who died there—he came there on Thursday, 15th Nov., between 0 and 10 o'clock at night—the prisoner, I believe, came with him—they came in a fly—he retired to rest that night between 10 and 11 o'clock, about half past 10, perhaps—he complained that he had been poorly at Shrewsbury, and of feeling poorly then—I do not remember seeing Palmer after he get out of the fly—on the following morning, Friday, I took Mr. Cook up seme hot water, about 12 o'clock, and I think it was about I when he went out—he then appeared poorly; he felt no worse, he said, but he was not well—he came home that night to the Talbot Arms about 10 o'clock, and went to bed about half an hour afterwards, about half past 10—I asked him if he felt any worse than what he did when we went out—he said he felt no worse, and that he had been dining at Mr. Palmer's—he was perfectly sober—he asked me for an extra piece of candle, as he was going to read—I saw no more of him that night—on Saturday morning Palmer came over—I do not know exactly at what time, it might be perhaps about 8 o'clock—he lives opposite the Talbot Arms—I do not know whether Cook had sent for him—Palmer ordered a cup of coffee for Mr. Cook—he did not order it in our kitchen, I believe he ordered it of me—I believe I gave it to Mr. Cook, Palmer was then in the room—I took it up to the bedroom—Palmer was in Cook's bedroom—I did not see Cook drink it, I left it there in Cook's hands, and went down stairs—it might be an hour, or it might be a couple of hours afterwards, that I went up and found that it had been vomited into the utensil—I observed it in the chamber utensil, which was on the little table by the side of the bed, which he had on purpose that he could put his arm and reach it himself—I cannot remember that I spoke to Palmer at all about this now, or he to me—I did not see the toast and water in the bedroom that morning, or during that day—I did not observe a jug there; a jug was sent down to me from Cook's room for some fresh toast and water, but it was net given to me—I first saw that jug on Saturday night, as late as 10 o'clock—the waitress, I believe, brought it down for me to make some fresh toast and water—her</p>
<xptr type="pageFacsimile" doc="185605140012"/>
<p>name is Laviuia Barnes—she laid that she had thrown pat the crust of bread that was in the jug—that jug did not belong to the Talbot Arms, I am quite sure of that—I cannot remember how often, to my knowledge, Palmer was in Cook's room on that Saturday, he might come and go without my seeing him—I saw him perhaps four or five times on that Saturday in Cook's room, or going to the door, or from the door of the room—I heard Palmer tell Cook that he would send him some broth over, and I saw some broth in the kitchen, which they said was sent over by Mrs. Rowley—that broth had not been made in the Talbot Arms—as soon as it came my fellow servant, Lavinia Barnes, took it up—ten minutes or a quarter of an hour after the broth had been sent over, I met Palmer on the stain; he was coming up, and I was going down—he asked me, had Mr. Cook had his broth—I told him that I was not aware that there was any come for him—while that conversation was going on, Lavinia Barnes came forward out of the commercial room, I believe she had heard what had passed between Palmer and me—she said that she had taken the broth up to Mr. Cook as soon as it came in, and he refused to take it, saying that it would not stay on his stomach—Palmer said, "You must go and fetch the broth, he must have it"—I fetched it, and took it into Mr. Cook's room—I cannot remem
<lb/>ber whether I gave it to him, or to Mr. Cook, but I know I left the two together—I am quite sure that that was some of the same broth which had been sent over—it had been brought down stairs and set on the table, and never moved, I am quite sure—an hour or two afterwards I went up, and found the broth in the chamber utensil; it had been vomited—on that evening, about 6 o'clock, some barley water was made in the hotel for Cook, and I took it up to him—I cannot remember whether Palmer was there when I took it up—I do not know whether it stayed on his stomach or not; sometimes it would, and sometimes it would not—some arrowroot was made in the kitchen about 8 o'clock on Saturday, and I took it up—I do not remember who was there then—I took it up, but do not remember who was there then—I do not remember whether Palmer was there—I do not positively remember whether that was retained on Cook's stomach—Mr. Bamford was called in; Saturday, about 3 o'clock in the afternoon, was the first time I saw him—he might have been there some time the day before, but I do not know—on Sunday morning I went into Mr. Cook's room, between 7 and 8 o'clock—Mr. Jeremiah Smith had slept in his room that night—he is a lawyer, and is called
<hi rend="italic">Jerry</hi> Smith, the lawyer; I have seen him with Palmer—I asked Cook if he felt any worse—he said that he felt pretty comfortable, and had slept well since 12 o'clock—on the Sunday a large breakfast cup of broth was brought over by Charles Hawley, I believe—I did not see him, but I heard it was him—I do not know who he is, but he has something to do with the church—I did not see it brought over, I heard it—I took some of it up to Mr. Cook's room in the same cup in which it was brought—it was brought over hot, ready for drinking—I took it up in the same cup, exactly as it came over—I tasted it before I took it up to Mr. Cook's room—I suppose I drank about two table spoonfuls, the effect of that was to make me sick in about half an hour, or it might be an hour—I was sick violently all the afternoon till about 5 o'clock—I was obliged to retire to my bedroom, and go to bed—I vomited a great many times—I was quite well before that—I felt perfectly well during the morning, and had no nausea—I had taken nothing to disagree with me—I had had my usual breakfast—this was before my dinner—about a quarter before 6 o'clock I went down to my tea—I saw Mr. Cook in the evening, after I had to some extent recovered—I did not perceive that he was any worse that evening—with the</p>
<xptr type="pageFacsimile" doc="185605140013"/>
<p>exception of his vomiting the broth, he seemed in good spirits—I have no reason to believe that he had any bowel complaint—there was a discharge from the bowels on Saturday, about once perhaps—the illness was after taking the broth, and those things that were sent to him—the latest hour that I saw him on Sunday night might be about 10 o'clock—it might be after when he retired to rest, it could not be much after—on Monday morn
<lb/>ing, between 7 and 8 o'clock, I went into his room; I took him up his breakfast, a cup of coffee—I do not think I remained with him while he drank it—he did not vomit that—Palmer had been there that morning at a quarter past 7 o'clock, or it might be about 7—I do not know whether he saw Cook that morning, but I saw him coming down stairs, as though he had been to see Mr. Cook—Mr. Cook got up on that Monday about 1 o'clock—I am not aware that Palmer came again during that day, from a quarter past 7 o'clock, when I saw him coming down stairs—Cook appeared a great deal better on that Monday, he washed and dressed himself, and shared—he said that he felt better, only exceedingly weak—he dressed himself entirely, just as if he was going out—Mr. Ashmal, the jockey, came to see him that evening, and Ash mat's brother, and Mr. Saunder, his trainer—he had no other visitors that day that I am aware of—I gave him some arrowroot that day, as soon as he got up, and some dry toast; that remained on his stomach—I believe he also had a cup of coifee that day, but I do not remember when it was, perhaps between 4 and 5 o'clock—I saw him during the afternoon, he continued better, he sat up till about 4 o'clock, and then went to bed—I think it was between 9 and 10 o'clock that evening that I again saw Palmer, he went and sat down in Cook's room—I do not remember whether I left Palmer in Cook's room when I retired to bed, it might be then about half past 10 o'clock—I did not see Cook again till about a quarter before 12—I remember something being given to me about 8 o'clock that night by Miss Bond, the housekeeper, which appeared to be a pill box, to take up stairs to Cook's room—I took it up to Cook's room, and placed it on the dressing table—it appeared to be a round pill box, and it was wrapped up in white paper—(I had not then seen Palmer since the morning)—I left it there, and retired to rest; Palmer was then sitting down by the fire—I went to bed between 10 and 11 o'clock—the waitress, Lavinia Barnes, called me up; it might be at a quarter or 10 minutes before 12 o'clock—I did not look, but I should fancy from the time the clock struck that it might be that—while I was dressing I heard violent screams twice from Cook's room—my room is not exactly over his, but it is up above on another story—I went down to Cook's room, and as soon as I entered I found him sitting up in bed; he desired me to fetch Mr. Palmer directly—I told him that Mr. Palmer was sent for, walked to his bed side, and found the pillow on the floor—there was a mould candle burning—I picked up the pillow, and asked him if he would lay his head down—he was at that time sitting up beating the bed clothes like this with his arms and hands, as quick as he could, with both his hands and arms stretched out in this form—having picked the pillow up, and asked him to lay his head down, he said, "I cannot lie down, I shall suffocate if I lie down; oh! fetch Mr. Palmer," very loud he called out—I did not observe his legs then—I observed that his body, and head, and neck were moving, there was a sort of jumping or jerking about his head and neck—sometimes he would throw his head down on the pillow, arid raise himself up again—the jumping or jerking was in all his body—his breathing was very bad, and the balls of hoth his eyes very much projected—I observed a gasping when he spoke;</p>
<xptr type="pageFacsimile" doc="185605140014"/>
<p>it was difficult for him to speak, he was so short of breath—he screamed again three or four times while I was in the room, that was while that violence was—he was moving and knocking about all the time—he called aloud, "Murder!" twice—after the heating had gone on with his hands and arms, he asked me to rub one hand, and I found it stiff—it was the left hand.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Just describe what you mean by "stiff"?
<hi rend="italic">A.</hi> It appeared to be stretched out and stiff—they did not move—the hand was like this (
<hi rend="italic">half shut</hi>)—it seemed to be stiff all the way up his arm.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> What effect had your nibbing upon it?
<hi rend="italic">A.</hi> I did not rub it so very long—as soon as he thought I had rubbed it sufficiently, he thanked me, and I did not rub it again—I did not perceive that the stiffness had gone—Palmer was in the room after I rubbed his hand—while the jerking of the body was going on, Cook was quite conscious, and I noticed him to twitch while I was rubbing his hand—his arms seemed to twitch, and the body also—he seemed to twitch altogether—while this was going on he seemed to know all that was going forward—when Palmer came in be recognised him—he was throwing himself about the bed, and he said, "Oh, doctor, I shall die!"—he addressed Palmer when he said that—Palmer's reply was, "Oh, my lad, you won't"—Palmer left, to fetch something—I do not know exactly what he said, or what he did, but he seemed just to look at him, and then he went and asked me to stay by the bed side with him—he returned very shortly, I should think, as quick as he could possibly go over, I should think two minutes—I did not continue rubbing his hands—I only stood by the bed side—when Palmer came back he brought some pills, and he gave him something else, but whether he brought it with him I do not know—he gave him a draught in a wine glass; first the pills, and then the draught—when he gave him the pills, Cook said that they stuck fast in his throat, and he could not swallow them, and Mr. Palmer desired me to give him a teaspoon full of toast and water—I did so, and he took it—when I gave it to him from the spoon, his body was still jumping and jerking—he snapped, in a sort of snapping way, at the spoon, with his head and neck, and the spoon was fast between his teeth—it was difficult to get it back—he seemed to bite it very hard—his head and neck moved forward when he snapped—it was as if this was the spoon; there (
<hi rend="italic">Snapping with her teeth at a quill</hi>)—the water went down his throat, and washed the pills down—Mr. Palmer handed him a draught then from a wine glass, something liquid—it was about three parts full of a dark, thick, heavy looking nature—he drank that—he snapped at the glass in the same manner as he did at the spoon—it seemed an involuntary motion—he seemed as if he could not exactly control himself—he swallowed it, and it was vomited up immediately into the chamber utensil, which I held—it was placed on the bed, and I supported his head—it smelt like opium—Palmer said that he hoped the pills had stayed, or he hoped that the pills had not returned, and he searched for the pills with a quill off the dressing table, and said, "I cannot find the pills;" but he desired me to take it away, and to pour it carefully, and see whether I could see the pills—I did so, but could not see the pills at all—I emptied the contents of the utensil, and brought it back—he seemed to be more easy then—that attack lasted, I should think, half an hour, or it might be more, from the time I went into the room when he was beating the bedclothes to the time that he got more easy—he then got more com
<lb/>posed—during the whole of that time he appeared to be quite conscious—he appeared to know all that was going forward—I recollect his asking Palmer</p>
<xptr type="pageFacsimile" doc="185605140015"/>
<p>to feel his heart—that wag after he got more composed—he was lying down more quiet, and desired Palmer to come and feel how his heart beat, or something of that sort—Palmer went to his bed side, and I do not know whether he pressed his hand to his heart, or the side of his face—he said that it was all right, or something of that sort, quite a slight remark—left him that morning about 3 o'clock—he was not asleep when I left him—I left Palmer in the room with him—Mr. Cook was dozing when I left him, but I learned next morning that he was not, for he told me that he heard me go out—I left Palmer in the easy chair, asleep, I believe, and I retired to the next room, close to his door—I saw Cook again about 6 o'clock on the Tuesday morning—I said to him, "Is Mr. Palmer gone?"—he said, "Yes, he left at a quarter before 5 o'clock"—I asked him how he felt, or whether he had been any worse—he said, no, he had been no worse since I had left him in the morning—I said, "You were asleep when I went out"—he said, "No; I heard you go"—he asked me if I had ever seen any one suffer or in such agony as he was last night—I said, "No, I never have"—he said he should think I should not wish ever to see any one like that again—I said, "What do you think was the cause of all that illness, Mr. Cook?"—he said, "Some pills Palmer gave me at half past 10 o'clock"—I do not think any
<lb/>thing more was said then—I think I left him—I asked him, would he have a cup of coffee, or if he would take anything; and he said, no, not then—I do not remember seeing Palmer on Tuesday morning, until he was sent for—I met him on the stairs that morning, I did not see him in the room—I did not observe any jerkings or convulsions about Cook when I saw him on the Tuesday morning—he seemed quite composed and quiet—I noticed that his eyes looked very wild—I observed none of the beating or convulsion—his body seemed to be quite quiet—there was no mgving about the body, but the eyes looked very wild; he appeared as if he wished to settle down and be quiet—about 12 o'clock he rang his bell, and desired me to send
<hi rend="italic">Boots</hi> over to ask Mr. Palmer if he might have a cup of coffee—the
<hi rend="italic">Boots</hi> returned, and said he might have a cup of coffee, and Mr. Palmer would be over immediately—I took the coffee up—that was a little after 12 o'clock—Palmer was then in Cook's room—I gave the coffee to Palmer—I gave it into his hands—he tasted the coffee, to see if it would be too strong for Mr. Cook—I left it in his hands, and left the room—I do not know whether the coffee was vomited then, or whether it was after 4 o'clock—I cannot now remember whether I went into the room again—Mr. Jones arrived that afternoon, I believe, by the 3 o'clock train, from Lutterworth—when first I saw Mr. Jones I found him in to. Cook's room—after that I took him up some more coffee—that might be about 4 o'clock, or between 4 and 5—it was another cup of coffee.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> To whom did you give that?
<hi rend="italic">A.</hi> I cannot remember whether I gave it to Mr. Cook—I left it in the room—whether Mr. Palmer was there I cannot remember now.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> After you had taken up the coffee at 4 o'clock, did you see Palmer?
<hi rend="italic">A.</hi> Yes; after I had taken it up, he opened the door and asked me to empty that, he had vomited the coffee—ho told me that Cook had vomited the coffee; he opened the bedroom door, I was outside on the landing, I suppose he heard me—he gave me the chamber utensil at the door—I did not go into the room at all, it was as I was passing the door—I cannot remember how long afterwards it was, I do not think it could be an hour—I cannot remember whether Palmer was there when I took the coffee up and left it in the room—the utensil had coffee in it—during</p>
<xptr type="pageFacsimile" doc="185605140016"/>
<p>that evening I saw Cook several times before I retired to rest—he appeared to be in very good spirits, and was talking about getting up the next morning, and said he would have the barber sent for and be shaved—I believe I gave him some arrowroot that evening—the last time I saw him that evening was not later than half past 10 o'clock—Palmer was with him when I left him.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> He was in his bedroom?
<hi rend="italic">A.</hi> Yes; I gave him a jug of toast and water at the door for Cook—Mr. Palmer said to Mr. Cook, "Can this good girl do anything more for you to-night"—Mr. Cook said, "No, I shall want nothing more, good night."</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Was that said by Mr. Cook in a composed and comfort
<lb/>able manner?
<hi rend="italic">A.</hi> Yes, it was—I did not go to bed that night; I remained in the kitchen, I was anxious to see how Mr. Cook went on—while I was in the kitchen, the bell of Mr. Cook's room rang violently.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you asleep at that time?
<hi rend="italic">A.</hi> No, I was sitting up in the kitchen.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>. About what time was it?
<hi rend="italic">A.</hi> A little before 12 o'clock, per
<lb/>haps 10 minutes before 12—it was as near as possible at the same time as on the previous night—Mr. Jones was sleeping in his bedroom, it was a double bedded room, a bed was made up for Mr. Jones—I went up to Mr. Cook's room on hearing the bell—I found Mr. Cook, I believe, sitting up in bed, Mr. Jones appeared to be supporting him; I think he had his arm round his shoulders—Mr. Cook said, "Oh, Mary! fetch Mr. Palmer directly"—he was conscious then, and spoke to me—I went over to Mr. Palmer and rang the bell, the surgery bell; I believe it was at the surgery door, and Mr. Palmer came to the bedroom window—he came to the window as soon as I stepped off the steps into the middle of the road—I expected him to come to the window—as soon as I rang the bell, I stepped off the steps into the road, and he was there, he did not put up the sash—I did not discover a light in his bedroom—I could not positively see him, I could hear him—I could not discern him exactly, he merely opened one square of glass, a small casement at the side, and spoke to me—I could not see whether he was dressed or not at that time—I could not see him at all, I heard him, I heard his voice—I knew his voice—I asked him to come over to Mr. Cook directly, he was much the same as he was the night before—I do not remember what answer he gave me, I turned round and went across again directly—Palmer came in two or three minutes, perhaps—I was in the bedroom when Palmer came—when he came in I think he said he had never dressed so quick in his life, that was the first thing he said—Mr. Jones was still with Mr. Cook—Cook was sitting up in the bed, in much the same state as he was the previous night—I had only been absent a few minutes—Cook was sitting up, and I believe Jones was supporting him—when I left the room after Mr. Palmer came in, I remained in the landing, just outside the door—I waited there—after I had been waiting there some short time, Mr. Palmer came out in about a minute or two, very shortly; I said to him, "He is much the same as he was last night, Mr. Palmer?"—he replied, "Oh! he is not so ill by a fiftieth part"—nothing else passed—he was then going down stairs, as though he was going to his own house—he returned in a very short time, in a few minutes, and went to Mr. Cook's room—I believe I went into the room after he had returned—I believe I heard Mr. Cook make a request about being turned over; I believe he said, "Turn me over on my right side"—I was not in the room at the time it was said, I was at the door—I heard it at the door, the door was open—I did not go in—I do not think I</p>
<xptr type="pageFacsimile" doc="185605140017"/>
<p>way in the room at the moment he departed—I believe I went in just before he died, but I came out again—I believe I was uot in when he de
<lb/>parted—I saw Mr. Jones in attendance on him a few minutes before he died—he was supporting him, I think—I think the last I saw of him he had his right arm under Mr. Cook's head—I believe that was it, I cannot be positive—Mr. Palmer was then feeling Mr. Cook's pulse, and he said to Mr. Jones, "His pulse is gone"—Mr. Jones pressed the side of his face to Mr. Cook's heart, and after he had listened to his heart, Mr. Jones lifted up his hands, but did not speak—Mr. Palmer asked me to fetch Mr. Bamford, and I went over for Mr. Bamford.</p>
<p>
<hi rend="italic">Q.</hi> From the time that you were called up on this night, at about 10 minutes before 12 o'clock, to his death, how long do you think elapsed?
<hi rend="italic">A.</hi> It might be three quarters of an hour—he died before 1 o'clock—when I went to fetch Mr. Bamford I did not go into the room again; Mr. Bam
<lb/>ford came over, and I saw him when he came down stairs, and he said, "He is dead, he was dead when I arrived"—after Mr. Bamford went out I went on the landing, and sat down on some stairs leading up to the attics—I sat there about ten minutes, and Mr. Jones came out of the room and looked at me, and said, "Mr. Palmer wants you," or, "Will you go in?" or something of that sort, pointing with his finger towards the door of Mr. Cook's room—I went into the room where Mr. Cook was lying dead—Palmer was there—no one was with him—I said, "It is not possible Mr. Cook is dead"—he said,. "Yes, he is dead! oh, yes, he is dead!"—he then asked me who I thought would come to lay him out, and I mentioned two women that I thought Mr. Palmer knew—he said, "Those are just the women"—Lsaid, "Shall I fetch them?" and he said, "Yes."</p>
<p>
<hi rend="italic">Q.</hi> Had you seen in Mr. Cook's room, during the time he was there, a bet
<lb/>ting
<lb/>book?
<hi rend="italic">A.</hi> Yes—it was a dark book with a gold band round the edge, with a clasp at one end—it was not a very large book, it was not exactly square, more long than square—I had seen that same book in his possession when he had stopped at the Talbot Arms before, on his way to Liverpool races—there was a case on one side to admit a pencil, and a pencil in it—I cannot remember how long ago it was that he had stopped there before, it was some months, perhaps three or four—I saw that book in bis room on the Monday night before his death—I gave him the book from the dressing table to his bed—that was before his attack on the Monday night.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How came you to give it to him?
<hi rend="italic">A.</hi> He asked me to give him the book off the looking glass, and I took it from the looking glass.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> For what purpose did he require it?
<hi rend="italic">A.</hi> He asked me to give him the book, the pen and ink and the paper, he was going to write, and I gave him all at once, I took them all to him in bed—that was between 7 and 8 o'clock on Monday night—after he had written the letters he took from the book a postage stamp—there was a pocket at one end of the book, where he took the stamp from—I then placed the book again on the look
<lb/>ing glass—that was at his request—I never saw the book to my knowledge after that—I did not search the room for it the night Mr. Cook died—I did afterwards, the first time I was requested to do so—I searched everywhere—I could not find it—when I went into the room where the body was lying, when Palmer was there, I believe the clothes that Mr. Cook had worn were placed on a chair somewhere—I saw Palmer searching the pockets of the coat—that was on the Tuesday night after Mr. Cook was dead, at the time that Mr. Jones wished me to go in the room, perhaps ten minutes after—I went in and found Mr. Palmer with the coat in his hand;</p>
<xptr type="pageFacsimile" doc="185605140018"/>
<p>that was the coat that I had seen Mr. Cook wear—he was searching the pockets of the coat—it was not a frock coat, nor yet a dress coat, or a great coat; I know the style of the coat, but not the name of it.</p>
<p>
<hi rend="italic">Q.</hi> Did you observe him do anything with the bolster or pillow, where Cook had lain?
<hi rend="italic">A.</hi> Yes, he searched under the pillow and bolster—I saw two or three letters lying on the chimney piece, I think—that was at this time, immediately after Cook's death, and while Palmer was in the room—I never found them afterwards, to my knowledge—I did not go much into the room afterwards—I had not seen those letters on the mantelpiece before the death, to my knowledge—after his death I did, while Palmer was in his room—I have never seen them since to my knowledge.</p>
<p>
<hi rend="italic">Adjourned.</hi> </p>
<p>
<hi rend="italic">Thursday, May 15th.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-109" type="witnessName">
<interp inst="t18560514-name-109" type="gender" value="female"/>
<interp inst="t18560514-name-109" type="surname" value="MILLS"/>
<interp inst="t18560514-name-109" type="given" value="ELIZABETH"/>ELIZABETH MILLS</persName> </hi>,
<hi rend="italic">cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> How long had you been at the Talbot Arms at the date of Mr. Cook's death?
<hi rend="italic">A.</hi> About two years—I cannot exactly remember how long before Mr. Cook's death I saw him there first, he was there three or four months, almost altogether—he made it his home—I mean immediately preceding his death—he came first in May, 1855—he was there, on and off, about three months altogether—I never heard him complain of anything except his throat—he first com
<lb/>plained of his throat perhaps two or three months before his death; he did not complain frequently, it was merely a sore throat, or something of that, through a cold—I believe he had a gargle for it, but I only saw one bottle—I believe he had the gargle from Mr. Thirlby—I did not observe any sores about his mouth when he first came, or at any time previous to his death—I never heard him complain of any difficulty in swallowing—I do not know of his tongue having been sore—I have seen him with a loaded tongue, from a bad stomach—he did not complain in my hearing of the tongue being sore, so as to render it difficult for him to swallow—I do not know of caustic having been applied to it while he was there—I do not know that Mr. Thirlby attended him for his mouth and throat at the inn—I cannot tell how recently before his death I heard him complain of a sore throat: it was longer than a fortnight, it might be a month, or more; a month, or two—he did not tell me that it was actually sore, that the skin was off, that it was sore in that sense; but that it was sore, he should fancy from cold, he had got a slight cold—he never told me that it had healed—he did not, beside the gargle, take medicine at the house that I know of—I saw pill boxes about during his last illness—he had not a violent cough, he had a cough which a person would have from a cold, but not a frequent cough—I do not say that he was rarely without one, I say that he bad a slight cough at the time his throat was sore; it would be through cold perhaps—he had not been ailing, to my knowledge, just before he went to Shrewsbury—when he came back from Shrewsbury he at once said that he was poorly—after he died I stayed at the Talbot Inn, till the day after Christmas day; I then went home; that is in the Potteries, Shelton—I have been in service since at Dolly's Hotel, Paternoster-row—I went into service there in Jan.—I am not in service there now—I remained till Feb., I stayed six weeks there—it is a chop house—I was there as chambermaid—after I came to London I saw Mr. Stevens, perhaps about a week after—I met him at Dolly's Hotel once, and perhaps four or five times—I will not swear that it was not ten or twelve times—I will swear that it was not twenty times—it might be six or seven times—I will swear that it was not twelve</p>
<xptr type="pageFacsimile" doc="185605140019"/>
<p>times—sometimes he spoke to me while Mrs. Dewhuret was there, in one of her sitting rooms—I did not go into a sitting room and speak to him alone, sometimes Mrs. Dewhuret was there, and sometimes Miss Dewhurst—it was not always about Cook's death that he spoke to me—he merely called to see how I liked London, and whether I was well in health.</p>
<p>
<hi rend="italic">Q.</hi> He was in the station of a gentleman; do you mean to say that he called to see whether you liked London?
<hi rend="italic">A.</hi> Yes, to see if I liked the place—I am not going to take my oath that he always called to ask me how I liked London—he sometimes talked about one thing, and sometimes another, but nothing besides Mr. Cook's death—I had conversed a little with him at the Talbot Inn when he was there, before the funeral—I had had no private conversation with him—I had never been in a room with him alone at the Talbot Inn—he had not spoken to me about coming to London—when he came to Dolly's Hotel, he spoke to me about many more things besides Mr. Cook's death—I cannot remember now what else.</p>
<p>
<hi rend="italic">Q.</hi> Tell me a single thing of sufficient importance to remain on your memory, except Cook's death?
<hi rend="italic">A.</hi> I cannot remember, I do not keep things in my head for weeks and months together—I did not tell him, "Mr. Stevens, you have been here often enough; I have told you all I know"—he never gave me any money, never a farthing—he has made me no promises, not even to get me a place—the last time I saw him was yes
<lb/>terday in Court; he is not in Court now that I am aware of—the last time I saw him before that, and out of Court, was on Tuesday, at Dolly's Hotel—he merely said, "How do you do?" and asked me how I was, and plenty more were present—he did not dine at Dolly's—he may live there for what I know, I do not know exactly where he lives—it was in one of the sitting rooms—I was not alone with him, Lavinia Barnes was there—Lavinia Barnes, of the Talbot Inn; she is staying at Dolly's now—there were two more gentlemen in the room beside, they were Mr. Hatton and Mr. Gardner—Mr. Hatton is, I suppose, the chief officer of police in Staffordshire, or at Rugeley, and the neighbourhood—I only know that people say that he is—I knew him when he was there—Mr. Gardner is, I believe, an attorney, at Rugeley—I cannot remember whether on this occasion all the talk was about Cook's death, it might be mentioned—I do not pretend to keep in my head what the conversation was that evening—there were many more things mentioned: what I do not wish to mention—I cannot remember the sub
<lb/>jects, it would be impossible for me to remember—the gentlemen talked among themselves of other subjects than Cook's death, but perhaps my thoughts were occupied with something else; I was not paying attention to them—I do not remember any other subject which remains on my memory—I cannot remember any other matter of conversation—they might talk about Cook's death, I cannot recollect—I do not know whether they talked about the trial which was coming on—they did not, that I heard, talk about the evidence which I was to give—they did not ask me what I could prove—they did not read my deposition before the Coroner over to me—I saw nothing produced, nothing was read to me—nothing was read to me from a newspaper, nor did Mr. Stevens on any previous interview read anything to me from a newspaper—he did not read my deposition to me—he did not talk to me about the symptoms which Cook exhibited shortly before his death—I do not know Mr. Deane—that was not the first time since Cook's death that I had seen Mr. Hatton, I had seen him before, I cannot remember how many times; I should say perhaps twice, I am sure not half a dozen times—I saw him once at Dolly's, not about Cook's death;</p>
<xptr type="pageFacsimile" doc="185605140020"/>
<p>I believe he merely dined there, and I saw him in a sitting room—I did not wait on him—I was not alone in the room with him—he did not say anything about Cook's death to me that I can remember—I cannot remem
<lb/>ber, upon my oath, that he spoke to me about Cook's death—I do not pre
<lb/>tend to tell you what I think; he might have, but I cannot remember—I do not know whether he did or did not, he might—I mean, on my oath, to say that I cannot remember—he asked me how I was, I can remember that—I do not remember that he said a good deal more than that, I do not know—I had seen Mr. Gardner three or four times before, since Cook's death, once at Dolly's, and I met him in the street, but merely said, "Good morning," or, "How do you do?"—that was twice—I have not met him anywhere else that I am aware of—I say, "No"—I mean to say positively that I only met him at Dolly's, and in the street—I'have not been to an attorney's office with him—I had no talk with him in the street besides "How do you do?"—I left Dolly's in Feb.—I have not been to London since, before I came up for this trial—from Dolly's I went to my mother's house—I am now living with my mother, when I am at home that is, at Rugeley she is now—I have been living there with my mother about three weeks—before that I was living among my friends at Hitchinghill—I have got some friends there—friends are friends, I suppose—I have been living there with some friends.</p>
<p>
<hi rend="italic">Q.</hi> With whom?
<hi rend="italic">A.</hi> I say I have been living with my friends—I know a man of the name of Dutton, he is a friend of mine.</p>
<p>
<hi rend="italic">Q.</hi> Is it with him you have been living?
<hi rend="italic">A.</hi> I have been living with two—I have been staying at Dutton's a short time—he is a friend of mine—there is a Mrs. Dutton, his mother—I have been living with Dutton, I have been staying there about a month—Dutton is about thirty years of age, perhaps—he is a labouring man—his mother lives in the house—I have known him about two years—the house is a cottage, there are two rooms down and two up—there are two bed rooms—his mother sleeps in one, and I slept with her—I always slept with her, I swear that—I have known his mother ever since I have known him, two years—she is not dependent upon him, I believe she has 6
<hi rend="italic">s</hi>. a week coming in—I do not know what he has coming in, nor about—he is there now for anything I know—I do not know that I have any other friends there—I have been staying with mother and with a cousin for a while—that is in the Potteries—when I spoke of two friends, I spoke of his brother being there; his brother was there also, another single brother—I left Dolly's because I did not like the place—I left of my own accord—I can read, easily—I can read newspapers—I do not remember that I have read the case of a Mrs. D * *, I may have done so.</p>
<p>
<hi rend="italic">Q.</hi> A case that lately occurred at Leeds; a lady who was poisoned by her husband, or said to be?
<hi rend="italic">A.</hi> I heard it spoken of, I did not read it—I heard it spoken of by many persons, I cannot mention one more than another—I never heard Mr. Stevens mention it, or Mr. Gardner, or Mr. Hatton; no one belonging to the trial—I was not told, when I heard of it, what the symptoms of Mrs. D * * were; I merely heard there had been strychnine used in Leeds, another strychnine case—I never heard the symptoms stated to me—the symptoms of strychnine were never mentioned to me—I will swear that—I first used the expression "twitching" to the Coroner, or if I did not mention "twitching," I mentioned words to the same effect—I cannot swear that I used that word to the Coroner, I used it before I came to London, but I do not know to whom—I will swear I</p>
<xptr type="pageFacsimile" doc="185605140021"/>
<p>used it before I came to London—I believe I used it in mother's house—I swear I did, and I described to her the symptoms that the young man died under—I will swear I used the word "twitching" to mother—she is not here—I cannot remember when I first used the word "jerking" to anybody—it has never been used to me by anybody—I have never been asked by anybody whether there was not jerking or twitching, not that I can remember—I do not remember saying yesterday that I vomited at least twenty times after I had drunk about two table spoonfuls of the broth.</p>
<p>
<hi rend="italic">Q.</hi> Did you state one word about that before the Coroner?
<hi rend="italic">A.</hi> It never occurred to me then, it occurred to me three days after.</p>
<p>
<hi rend="italic">Q.</hi> You say it never occurred to you before the Coroner; did you state this before the Coroner, "I tasted the broth on the Sunday before Mr. Cook's death; it was not made in this house; I thought the broth very good after I had tasted it; I believe some broth had been sent over on the Satur
<lb/>day; nothing particular was in the taste of the broth"?
<hi rend="italic">A.</hi> No, I did not taste anything particular—I believe that is what I said—I cannot remem
<lb/>ber that I had been examined first before the Coroner, and had retired, and was then recalled—I was examined twice, and I believe three times before the Coroner—I do not know whether it was on the first occasion that my attention was called to the fact of the broth having been sent over, but on one occasion it was called distinctly to the broth, and I was asked whether I tasted it—I did state that I had tasted it, and thought it very good—it never occurred to me to state to the Coroner that after I tasted it I vomited fre
<lb/>quently in the course of the afternoon—I did not think it was the broth at the time—I told you yesterday that I went to bed in consequence of the vomiting—sickness of that kind repeated frequently in the course of that afternoon is not a very common occurrence with me—I am not subject to it—I have a bilious attack sometimes, but not such violent sickness as I had that afternoon—I could not at all account for it at the time—I only took two table spoonfuls; that was all—the vomiting came on from half an hour to an hour afterwards—on the Saturday morning Mr. Cook had coffee for breakfast—Mr. Palmer ordered it, I believe—Cook did not express a wish to me to have coffee, that I heard—I do not know whether he or Palmer told me to bring coffee, but I never knew Cook to take coffee in bed before; he in general took tea.</p>
<p>
<hi rend="italic">Q.</hi> I understood you to say yesterday, "Palmer came over, at 8 o'clock, and ordered a cup of coffee for Mr. Cook"?
<hi rend="italic">A.</hi> I do not remember whether Palmer ordered it or not—I do not remember stating yesterday that he did—if I stated it yesterday it is truth, but I do not remember whether Palmer ordered the coffee or not, now.</p>
<p>
<hi rend="italic">Q.</hi> You stated it yesterday.
<hi rend="italic">A.</hi> Then it if correct—I swear to it now—if it was stated yesterday, I do not doubt that it is correct—(
<hi rend="italic">Thai portion of the witness's evidence was read over to her from the Judge's notes</hi>)—I will now swear that that is correct—it is no doubt correct if I said so yesterday)—perhaps I cannot recollect to-day so well as I did yesterday.</p>
<p>
<hi rend="italic">Q.</hi> Did you state this before the Coroner, "On Saturday he had coffee for breakfast, about 8 o'clock; he ate nothing; he vomited directly he had swallowed it; up to the time I had given him the coffee I had not seen Mr. Palmer"?
<hi rend="italic">A.</hi> That I cannot remember—I cannot remember whether I stated before the Coroner that he vomited directly he had swallowed it, or whether I stated that up to the time. I had given him the coffee I had not seen Mr. Palmer—I stated yesterday that I saw a pill box on Monday night; it was sent over there about 8 o'clock, wrapped up in paper, and</p>
<xptr type="pageFacsimile" doc="185605140022"/>
<p>that I placed it on the dressing table in Mr. Cook's bedroom, and that on that same evening I saw Palmer in Cook's room, between 9 and 10 o'clock—I do not remember whether I said a word about that before the Coroner; I might; I cannot remember it now—perhaps I was not asked the question by the Coroner—I did not state anything beside what I was asked—I cannot remember whether I did or did not—I will now swear that he was there between 9 and 10 o'clock—he brought a jar of jelly, and I opened it in his bedroom—I cannot remember now how long after 9 o'clock I saw that he was there—it was between 9 and 10 o'clock—I cannot tell to a quarter of an hour—I should say it was nearer 10 than 9 o'clock—I should imagine so—I cannot be positive—I did not say that I saw him there again at half past 10 o'clock—I said it was half past 10 o'clock when I left Cook—I do not recollect whether Palmer was there the'n—I have no certain recollection of seeing him there that night, after the time I saw him between 9 and 10 o'clock, until he was fetched over to Mr. Cook—I do not know when he took the pills—I stated yesterday that I asked him on the Tuesday morning what he thought the cause of his illness was, and that he said, "The pills which Palmer gave me at half past 10 o'clock"—I did not say that before the Coroner.</p>
<p>
<hi rend="italic">Q.</hi> Have you been questioned since Cook's death by any one respecting what you did say before the Coroner as to when these pills might have been given, or respecting anything that you said about these pills before the Coroner?
<hi rend="italic">A.</hi> Yes—that was at Hitchinghill, by Dr. Collier.</p>
<p>
<hi rend="italic">Q.</hi> Did you tell him that the gentlemen in London had altered your evi
<lb/>dence on that point, and that your evidence was now to be, "Cook said, 'The pills which Palmer gave me at half past 10 o'clock made me ill'"?
<hi rend="italic">A.</hi> I did not tell him the gentlemen had altered my evidence—I stated some
<lb/>thing about my evidence being altered since—he said he had not got that down in what I had given to die Coroner; and I said, no, but I thought it was down' on some of the papers I had given to the other gentlemen in London.</p>
<p>
<hi rend="italic">Q.</hi> Did you say that the evidence had been altered by anybody, or by yourself, since?
<hi rend="italic">A.</hi> It had been altered by myself—it had occurred to me since—I could not say who the gentleman was to whom I had given it, because I did not know—I gave it to him at Dolly's.</p>
<p>
<hi rend="italic">Q.</hi> You said "in some of the papers;" were there more papers than one besides the depositions?
<hi rend="italic">A.</hi> I believe this paper was the only one, except Dr. Collier's—I did say "in some of the papers," the one that he had—I gave it to the one at Dolly's.</p>
<p>
<hi rend="italic">Q.</hi> Do you mean to tell the Jury that you do not know to whom you gave it?
<hi rend="italic">A.</hi> I did not ask the gentleman who he was, neither did he tell me.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean that you do not know his name?
<hi rend="italic">A.</hi> No, I do not.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Did he tell you from whom he came?
<hi rend="italic">A.</hi> No, he did not—he asked me if I would answer him a few questions—I said, "Certainly"—he neither said who he was, neither did I ask him who he was—I do not know who he is—I saw him in a private sitting room—I was with him perhaps half an hour—he did not ask me very many questions—he was writing while I was answering the questions—he did not tell me who he was, or who he came from, or what it was wanted for.</p>
<p>
<hi rend="italic">Q.</hi> Did he mention Mr. Stevens's name?
<hi rend="italic">A.</hi> Yes—he did not tell me he came from Mr. Stevens.</p>
<xptr type="pageFacsimile" doc="185605140023"/>
<p>
<hi rend="italic">Q.</hi> What did he say about Mr. Stevens?
<hi rend="italic">A.</hi> Mr. Stevens was with him, he called Mr. Stevens by name—Mr. Stevens was with him.</p>
<p>
<hi rend="italic">Q.</hi> Why not tell us that before?
<hi rend="italic">A.</hi> You did not ask me—I did not know that he was an acquaintance of Mr. Stevens—I thought he might be, he came with him—all I said then was taken down.</p>
<p>
<hi rend="italic">Q.</hi> Did you say before the Coroner, that when Mr. Cook was ill on the Monday night, and sitting up in bed and beating the bed clothes, that he said, "I cannot lie down, I shall suffocate if I do"?
<hi rend="italic">A.</hi> I do not remember whether I said that or not to the Coroner—I do not know whether I men
<lb/>tioned the word "jerking" to the Coroner, but I know that I said his body and neck was moving constantly, or something of that sort—I am not posi
<lb/>tive about whether I used the word "jerking," I might and I might not—I said before the Coroner, that he threw his head back, and rose himself up again—I am sure I said that.</p>
<p>
<hi rend="italic">Q.</hi> Did you say he was jumping and jerking all over the body?
<hi rend="italic">A.</hi> I do not know whether I mentioned the word "jerking," I said he was jumping, the whole of the body was in a jumping, snatching way—I believe I said that it was difficult for him to speak, he was so short of breath—I did not mention that he called aloud, "Murder!" twice—I cannot remember whe
<lb/>ther I said that the fingers did not move—I did not say to the Coroner that as soon as he thought I had rubbed his hands sufficiently he thanked me—I do not remember saying that I noticed him to twitch while I was rubbing his hand—I do not now remember whether I said anything to that effect, or expressing that same meaning—I cannot remember—I do not remember whether I stated that Cook said the pills stuck fast in his threat, he could not swallow them—I did not answer the Coroner anything but what he asked me—if he had asked me those questions they would have been an
<lb/>swered, the same as I am answering them to you—I did not state to the Coroner that Palmer told me to give him some toast and water in a spoon, nor that I gave it him, and he snapped at it, and got the spoon between his teeth, so that it was difficult to get it out of his mouth—I did not state that his head and neck moved forward together, and that it was in that way he got the spoon—(
<hi rend="smallCaps">LORD CAMPBELL</hi>.
<hi rend="italic">suggested that as it was proposed that the deposition of the witness before the Coroner should be put in and read, that would be the more proper course to adopt instead of getting the effect of it by the present course of examination.</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">stated that he should certainly read the deposition as part of his case; at the same time he felt it his duty to adopt the course he was now pursuing.</hi> The
<hi rend="smallCaps">ATTORNEY
<lb/>GENERAL</hi>.
<hi rend="italic">would have interposed, and submitted that the witness was entitled to hear the deposition read before answering these questions, but that he was prepared to adduce evidence, showing that repeated-expostulations were addressed to the Coroner, as to the mode in which the examination was conducted.</hi>)</p>
<p>
<hi rend="italic">Q.</hi> Did you state to the Coroner that he snapped at the glass when Pal
<lb/>mer gave him a draught, as he had before done at the spoon?
<hi rend="italic">A.</hi> I did not; if the Coroner had asked me to describe the whole symptoms, I should have done it from the beginning to the end; but he did not, he asked me question by question, and what he asked me I answered—I should have answered these questions if they had been put to me—I believe Dr. Taylor was present the first time I was examined before the Coroner—I could not swear to the gentleman, I believe he was there—I believe I was examined more than twice—I was not recalled after I had been examined once, for the purpose of describing the symptoms for Dr. Taylor to hear—I was not examined as to the symptoms upon any occasion when I knew the medical</p>
<xptr type="pageFacsimile" doc="185605140024"/>
<p>gentlemen Were there—on the Monday night Mr. Palmer had on a drab cap—I stated to the Coroner how Mr. Palmer Was dressed on the Mon
<lb/>day night, I did not state how he was dressed on the Tuesday night—I did not state yesterday how he was dressed on the Tuesday night—he had a plaid dressing gown on, but I cannot remember what sort of cap.</p>
<p>
<hi rend="italic">Q.</hi> Did you observe how he was about the neck and throat, whether he had a shirt on, or any collar; or whether he had any appearance of a man who had been up, or of a man who had only lately got oat of bed?
<hi rend="italic">A.</hi> I do not know that I noticed particularly about that—I could not say whether he had bis night shirt on or his day shirt; or whether he had any cravat or stock, or whether he had slippers on, or boots or shoes—I cannot remember—I stated in my examination yesterday, that after Mr. Cook's death, Mr. Jones came out to me on the landing, and said, either "Mr. Palmer wants you;" or, "Will you go in?"—I do not remember the words exactly—I did not say that I saw Palmer with a coat in his hand searching the pockets ten minutes after Mr. Jones told me to go in—as soon as Mr. Jones came out he desired me to go into the room, which I did at once; it was then that I saw Palmer searching the pockets of the coat—I do not remember whether I stated before the Coroner that Palmer did not seem at all confused when I went in—I did not discover anything about him to be confused—I stated that I saw him search under the pillow, and at the back of the bolster, and that he just turned the corners up as a gentleman would do looking for a watch, and that at that time he had the coat in his hand—I know the room in which the examination of this body took place (
<hi rend="italic">a model of the house was fore produced</hi>)—that describes the room in which the body was examined—I should say that represents the door at which the doctors came in, and the persons who attended the examination—there is another door leading into a sitting room, and there is a door from that sitting room on to the landing; there is a gas lamp over the front door of the Talbot Arms—I do not know the width of the street between the prisoner's house and the Talbot Arms.—(
<hi rend="italic">The deposition of the witness before the Coroner was fare put in and mad, as follows</hi>: Elizabeth Mills sworn, saith: "I am chambermaid at the Talbot Arms—I attended upon the deceased—he came from Shrewsbury on the Thursday night, 15th Nov., between 9 and 10 o'clock—he came in a fly—Mr. Palmer, surgeon, was with him—Mr. Cook complained of having been ill at Shrewsbury—he did not say what was the matter with him, but said he did not feel exactly well—he went to bed about half past 10 o'clock, and rose next day about 1—break
<lb/>fasted in bed, because he was not well—he had tea and dry toast for breakfast—I did not see him again until night—he went to bed on the Friday night about half past 10 o'clock—he told me he had dined with Mr. Palmer—he did not appear at all the worse for liquor—I took him up stairs to his bed
<lb/>room, and then went and fetched him a longer piece of candle for him to read, at his request—I am sure he was sober—he did not get up Saturday or Sunday—on Saturday he had coffee for breakfast, about 8 o'clock—he ate nothing, he vomited directly he had swallowed it—up to the time I had given him the coffee, I had not seen Mr. Palmer—I asked him what he thought was the cause of his sickness, and he said he thought it was bile—on Saturday, about 12 o'clock, or half past, I gave the deceased some broth—the broth was brought by Mrs. Rowley—Mr. Palmer in the morning said he would send some broth—I took him some broth at Mr. Palmer's request about 1 o'clock—it was a large breakfast cup—I left Mr. Palmer and deceased together—I believe he had vomited the broth immediately—at</p>
<xptr type="pageFacsimile" doc="185605140025"/>
<p>4 o'clock he had some coffee—he threw up everything he took on Saturday—Mr. Bamford was called in on the Saturday morning—he was vomiting all Sunday morning—I saw him next about 6 o'clock, and took him a little barley water, that staid on his stomach—about 5 o'clock I took him some arrowroot which was made in the house—he took that, and I believe he vomited that—I heard deceased say he had done—I took him some toast and water—on Monday I took him some coffee and dry toast, and that staid on his stomach—I took him some arrowroot at 1 o'clock, and a little dry toast—he was then sitting up—the arrowroot and dry toast staid on his stomach—about 5 o'clock I gave him some coffee, that remained on his stomach—I took him a little arrowroot at 8 o'clock, that remained on his stomach—took some barley water at 10 o'clock—he did not vomit on the Monday—he was taken ill a little before 12 o'clock on Monday night—I was called up and went to deceased's room, and found him sitting up in bed—he told me to fetch Mr. Palmer directly—the
<hi rend="italic">Boots</hi> was sent for Mr. Palmer—the deceased was sitting up in bed, beating it with his hands—when I went into the room, Mr. Palmer came shortly after; deceased screamed twice before I got to the room—he said it was the pills that had made him ill—he took the pills about half past 10 o'clock—his eyes appeared very wild, his arms and legs, after beating the bed, appeared quite stiff—he was in a sitting position—his mouth appeared to be closed—he said to Mr. Palmer, 'Doctor, I shall die'—Mr. Palmer said, 'No, my lad, you won't—Palmer went to fetch some pills, and something in a wine glass—it was a brown, heavy looking liquid—from the smell, I should think it was opium—a wine glass was nearly full—he took the pills first, and then the contents of the wine glass—I remained with him until 3 o'clock, and then left Mr. Palmer with him, and he did not vomit afterwards—he asked me to to rub his hands; they appeared stiff, cold, and damp—he had complained when he was here before of a pain in his throat—he has been staying here occasionally since May last—I did not hear any more screams that night—I went into his room on Tuesday morning, about a quarter before 5 o'clock; Mr. Cook then stated that Mr. Palmer left a quarter before 5 o'clock—Mr. Cook was then alone, and dozing at that time—I asked him how he felt, and he said pretty comfortable then—he declined to have anything to eat—I saw him again about 7 o'clock, and he then asked me if I had, at any time, seen a person in such agony as he was the previous night—I said I had not—I asked him at 8 o'clock if he would have anything to eat, and he said no, not until he had seen Mr. Palmer—it was when I saw him at 8 o'clock that he said he thought the pills made him ill—I asked him again at 10 o'clock if he would have anything, and he said no, not before seeing Mr. Palmer—a little before 12 o'clock he rang the bell, and asked me to send the
<hi rend="italic">Boots</hi> to ask Mr. Palmer, if he (deceased) might have a cup of coffee—I sent the
<hi rend="italic">Boots</hi>, and he brought a message from Mr. Palmer that deceased might have a cup of coffee, and he would be over directly—Mr. Palmer was in the room when I took the coffee—I saw Mr. Palmer band the coffee to Mr. Cook at 4 o'clock—I took him another cup of coffee—I gave that cup to Mr. Cook—about half an hour afterwards I was passing the door; Mr. Palmer called to me and gave me a vessel, and said Mr. Cook had vomited the coffee—I saw him again several times, but gave him nothing until 8 o'clock, when I gave him some arrowroot—I was in and out several times between that and 10 o'clock, when I saw him then he said he should want the barber to shave him in the morning, as he should get up—he asked me to make him a little toast and water, Mr. Jones would bring it up stairs</p>
<xptr type="pageFacsimile" doc="185605140026"/>
<p>with him, and he said,' Good night'—Mr. Jones and Mr. Palmer were in the room when I took the toast and water—during the illness of the deceased I saw on the dressing glass a small, dark coloured book, with a clasp—I should know the book again if I saw it—there was a case for a pencil, and a pencil in it—I could see the top of the pencil—I have seen Mr. Cook in possession of that book before he went to Liverpool, two months ago—round the outside of the book there was a gold bordered band—I gave the book, either on Monday or Tuesday night previous to his death, to Mr. Cook—he was then in bed—he took from it a penny postage stamp, he put it on a letter directed to Saunders, 'Hednesford'—I then replaced the book on the glass at Mr. Cook's request—I have not seen that book since his death—since deceased's death I have searched everywhere for the book, but it cannot be found—after Mr. Cook's death Mr. Jones desired me to go into the room—Mr. Jones and Mr. Palmer had not been out of the room from the time of Cook's death—I was sitting on the upper flight of stairs, three or four yards from the bedroom door, when Mr. Jones came out—I believe he said,'Will you go in? Mr. Palmer wants you,' or words to that effect, pointing towards the door—it was at that time open—I could not see Mr. Palmer from where I sat—I went immediately into the room—I saw Mr. Palmer there—he asked me who I thought would be proper to come and lay out Mr. Cook—I mentioned to him the names of two women, and he said they were just the women—I saw Mr. Palmer search the pockets of a coat—it was a small coat, not a dress coat—he did not seem at all con
<lb/>fused—I saw him search also under the pillow, and the back of the bolster—he just turned the corners up, as a gentleman would in looking for a watch—at this time he had the coat in his hand—he was quite aware I was present, as we were conversing at the time—I did not see Mr. Palmer take anything out of the pockets, nor from under the pillow—I left him in the room—Mr. Jones slept in the same room with Mr. Cook—the coat Mr. Palmer was searching was not his own coat that I am aware of—he had a dressing gown on at that time—I tasted the broth on the Sunday before Mr. Cook's death; it was not made in this house—I thought the broth was very good after I tasted it; there was a good deal of grease on the top of it—some jelly was brought in on Monday evening by Mr. Palmer, and Mr. Cook asked if he might take a little, and Mr. Palmer said, perhaps he might to-morrow—nothing else was sent up by Mr. Palmer that I tasted—I believe some broth had been sent over on the Saturday; nothing peculiar was in the taste of the broth—Mrs. Keeling and Mrs. Andritt were the women who came to lay out the deceased—Mr. Cook asked for some jelly on the Saturday night")</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> How long do you think you were under examination before the Coroner altogether?
<hi rend="italic">A.</hi> I cannot remember, perhaps about a couple of hours, on different occasions—I was not asked before the Coroner to describe all the symptoms I saw—the Coroner put the questions to me himself—I believe the Coroner's clerk wrote down my answers—I did nothing more on that examination than answer the questions the Coroner put to me; what he asked me I answered, and nothing more—he did not ask me to make a full statement of the symptoms and all I saw, but put questions, and I answered them.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you asked what effect the broth had upon you, or how you felt after taking the broth?
<hi rend="italic">A.</hi> The Coroner asked me if the broth had any effect upon me, and I said not that I was aware of.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> What brought to your mind afterwards the vomiting</p>
<xptr type="pageFacsimile" doc="185605140027"/>
<p>after taking the broth; just explain it exactly?
<hi rend="italic">A.</hi> I do not know, nothing particular occurred to me, I believe it was some one else in the house that mentioned my sickness first—that was perhaps a week after the Coroner's inquest—I cannot remember who it was, it was some of my fellow servants in the house, I do not remember which—it is the fact that I was vomiting after taking the broth, and that I went to bed—Lavinia Barnes knows that—when I asked Mr. Cook what made him ill, he said, "The pills I took at half past 10 o'clock"—I believe I said before the Coroner, "The pills that I took at half past 10 o'clock;" or, "Some pills that I took at half past 10 o'clock;" I cannot remember now what the exact words were—it was when I saw him at 8 o'clock that he said he thought the pills had made him ill
<lb/>he said, "The pills Palmer gave me at half past 10 o'clock"—it has occurred to me since the inquest that those were the words.</p>
<p>
<hi rend="italic">Q.</hi> You say that a person of the name of Dr. Collier called upon you; do you see him in the Court?
<hi rend="italic">A.</hi> Yes, that is the gentleman (
<hi rend="italic">pointing him out.</hi>)</p>
<p>
<hi rend="italic">Q.</hi> Did he make any representation to you as to who he wast?
<hi rend="italic">A.</hi> He said he was for the Crown; he did not tell me who he was until he was leaving—he asked me about the inquest, and about the death of Mr. Cook—I do not remember the day of the month that he came to me—it might be three weeks or a month ago, or more—he found me at Hitchinghill—he asked me questions—he took down some little, not all I said; some he wrote down, and some he did not—I saw him write down something that I said; he took it away with him, he did not ask me to sign it—I cannot exactly remember how long he was writing my statement, perhaps it might be half or three quarters of an hour—I saw him in a room at the house.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he read over to you what he had taken down?
<hi rend="italic">A.</hi> I cannot remember whether he did or not, I believe not.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Was any other person with him?
<hi rend="italic">A.</hi> I believe there were two outside—they did not come into the house—I saw two join him when he went away from the house—I cannot say that I should know them again, I merely saw them from the garden gate.</p>
<p>
<hi rend="italic">Q.</hi> Was there any taste in this broth that struck you when you took it?
<hi rend="italic">A.</hi> I tasted turnips, I fancied, and Celery, nothing more than just the vege
<lb/>tables—I never took tartar emetic, I do not know whether there is any taste in that—I was living at the Talbot Arms two years altogether—Mr. Cook once had a gargle for his throat, it wag some liquid in a bottle—I do not know what the ordinary gargle for a sore throat is, but I have seen him take some in his month and gargle his throat, and spit it out—I believe he got it from Thirlby's I believe I remember the label on the bottle—that is the Thirlby who was Palmer's assistant—I know Thirlby, he is a chemist and druggist—I believe he succeeded to Palmer's business—I have been living with some friends of the name of Dutton, I am engaged to one of the Buttons.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Was not this what Dr. Collier said to you: "I am not for the Crown, nor for the defence, nor for anything but the truth?"
<hi rend="italic">A.</hi> He asked me if I was Elizabeth Mills—I said, "Yes"—he said, would I answer him a few questions—I said, "Certainly"—he said, "I am for the Crown, but I want you to speak to me, for neither favour nor affection, I merely want the truth, and nothing but the truth."</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-110" type="witnessName">
<interp inst="t18560514-name-110" type="gender" value="male"/>
<interp inst="t18560514-name-110" type="surname" value="GARDNER"/>
<interp inst="t18560514-name-110" type="given" value="JAMES"/>JAMES GARDNER</persName> </hi>. I am an attorney, and a member of the firm of Lander, Gardner, and Lander, at Kugeley. We have acted for Messrs. Clay
<lb/>ton, Cookson, and Wainwright, of Lincoln's-inn, with reference to Mr. Cook's</p>
<xptr type="pageFacsimile" doc="185605140028"/>
<p>affairs—they are the attornies of Mr. Stevens, the step
<lb/>father of Mr. Cook, the deceased—when Mr. Stevens came down to Rugeley, after the death of his step-son, he brought a letter to me from the firm in London, with whom we correspond—I attended the inquest which was held on the body of Mr. Cook—I put questions occasionally.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Mr. Ward was the Coroner?
<hi rend="italic">A.</hi> Yes—he is an attorney.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did he put questions to the witnesses?
<hi rend="italic">A.</hi> He did—his clerk took down the answers.</p>
<p>
<hi rend="italic">Q.</hi> Had you, on behalf of Mr. Stevens, occasion to expostulate with the Coroner as to the questions which he put, or questions which he omitted to put?
<hi rend="italic">A.</hi> Upon several occasions—I expostulated with him upon that several times each day.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long did the inquest last?
<hi rend="italic">A.</hi> I think five days alto
<lb/>gether, I am not quite sure—(
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">submitted that this inquiry should be confined to the examination of the witness Elizabeth Mills. The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi>.
<hi rend="italic">contended that it was material, to show the manner in which the examination generally was conducted.</hi>
<hi rend="smallCaps">LORD CAMPBELL</hi>.
<hi rend="italic">considered it admissible, not as evidence against the prisoner, but to explain the manner in which the evidence was taken.</hi>)</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>,
<hi rend="italic">Q.</hi> Bid you observe, while the examination was going on, that the clerk omitted to take down answers to the questions that had been put?
<hi rend="italic">A.</hi> Certainly.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> While Elizabeth Mills was under examination?
<hi rend="italic">A.</hi> Ican
<lb/>not swear that—I cannot apply that to Elizabeth Mills's examination.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> When did it arise?
<hi rend="italic">A.</hi> I can only state it generally—I certainly do not exclude the case of Elizabeth Mills's evidence—I cannot swear that any complaint was made during her examination of the omission to take down answers—(
<hi rend="italic">The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi>.
<hi rend="italic">proceeding to apply the inquiry to the evidence generally</hi>,
<hi rend="smallCaps">LORD CAMPBELL</hi>.
<hi rend="italic">intimated that the</hi>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">was of opinion that the inquiry was too general</hi>)—I do not remem
<lb/>ber whether, in the course of the examination of Elizabeth Mills, Dr. Taylor objected that some questions were not put by the Coroner that ought to have been put.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> After the examination by the Coroner, and any gentleman attending professionally, did the Jury put several questions?
<hi rend="italic">A.</hi> A great maay.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did the Jury make any observations as to the necessity of their putting questions?
<hi rend="italic">A.</hi> Most strong observations—(
<hi rend="italic">The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi>.
<hi rend="italic">proposed to ask the nature of the strong observa
<lb/>tions made by the Jury.</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">objected to the question. The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi>.
<hi rend="italic">submitted that it arose out of the cross
<lb/>examination.</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">contended that it did not; and that no expression of the individual opinion of any Juryman was admissible.</hi>
<hi rend="smallCaps">MR. BARON ALDER
<lb/>SON</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. JUSTICE CRESSWELL</hi>.
<hi rend="italic">were of opinion that it was not admissible</hi>,)</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-111" type="witnessName">
<interp inst="t18560514-name-111" type="gender" value="female"/>
<interp inst="t18560514-name-111" type="surname" value="BROOKS"/>
<interp inst="t18560514-name-111" type="given" value="ANNE"/>ANNE BROOKS</persName> </hi>. I live in Manchester, and am in the habit of attending races sometimes. I was at Shrewsbury races in Nov., 1855, and saw Palmer there—I had occasion to go and speak to him; that was on the 14th, Wednesday—I met him in the street on the first occasion, that was about 8 o'clock in the evening—I asked him if he thought his horse would win on the following day—that horse was called Chicken, and was to run on the Thursday—Mr. Palmer said, if I heard anything further, I was to call in at the Raven Hotel that evening, and tell him—the informa
<lb/>tion was in reference to another horse called Lord Alfred, which was to run</p>
<xptr type="pageFacsimile" doc="185605140029"/>
<p>in the race—he merely said, "Be sure you call if you heap anything"—I went to see him that evening at the Raven, it was about half past 10 o'clock when I went; I had some friends with me who waited below—as I passed the clock in the market square, I noticed the time, and said if it was any later I should not like to call—my friends waited down stairs, and I went up to the first floor; a servant was going up as I went to the door, and I asked her to be good enough to tell Mr. Palmer I wished to see him—when you get to the top of the stairs there is a lobby or passage facing you, and another to the left—when I got to the top of the stairs, I turned to the left—I knew at that time which room Mr. Palmer was occupying, he stayed frequently at the Raven Hotel—I called there the evening before, but he was gone to Rugeley—I knew hut room, but never was in it—I knew the sitting room which he occupied—the servant called my attention to Palmer by saying, "He is there, Ma'am"—she just moved her head, she had a tray in her hand, and said, "He is there"—Palmer was at that time standing at a small table in the passage—he had a tumbler glass, something similar to this one (
<hi rend="italic">produced</hi>) in his hand, when I saw him first—there appeared to be a small quantity of liquid in it, which appeared to be the colour of water; it was clear—I do not mean that it was water coloured, but that it was liquid of the colour of water—he just turned it in this manner, round, shaking the fluid up that was in it—there was a light in the passage where I stood—Mr. Palmer was a little in the shade, the light was nearer to me—he said, "I will be with you presently," and held it up in this way between him and the light—he noticed me the moment I got to the top of the stairs—after he had said, "I will be with you presently," he stood a few minutes longer, or perhaps a minute or two longer at the table, with the glass in his hand—he held it up once or twice during the time he staid there, and at intervals, between when he held it up first and afterwards, I observed him shaking it now and then—while he was shaking it, and holding it up to the light, I made an observation about the weather, what very fine weather we had—the weather was fine—there was a sitting room door partially open, adjoining Palmer's sitting room, and he carried the glass into that sitting room—I supposed at the time that it was unoccupied—I heard no one talk
<lb/>ing—I heard no one address him as he went in, but I could not see the whole of the room—he was there about two or three minutes, and then came out again with the glass still in his hand—what I saw ia the glass was still of the colour and appearance of water—he then carried it into his own sitting room, and shut the door after him—he was there three or four minutes, and then he came out to me, and brought roe out a glass with brandy and water in it—it might be the same glass, it looked like it, but the fluid was different—mine was brandy and water; I had the brandy and water, and it produced no unpleasant consequences on me—a conversation took place between us about the race on the following day, about the horses—he said that he should back his horse Chicken—I was present at the race; Chicken ran, and lost—I did not afterwards hear from Palmer whether he had won or lost on the race.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Is your name Brooks?
<hi rend="italic">A.</hi> Yes, that is my name—I am married, that is the name of my husband—I have been in the habit of frequenting some few races near home, but I had other business at Shrewsbury on this occasion—my husband did not go with me, he never goes—I do not attend many races in the course of the year—my husband has a very high appointment—he holds a public office—he does not sanction my going, when he knows it—I am on terms of</p>
<xptr type="pageFacsimile" doc="185605140030"/>
<p>friendly acquaintance with a great many of these racing men—I never, to my recollection, knew Mr. Herring, who goes by the name of Howard on the turf, till I met him at Stafford before the Grand Jury—I did not know him by sight.</p>
<p>
<hi rend="italic">Q.</hi> Do you know whether other racing men on the Wednesday were taken ill at Shrewsbury?
<hi rend="italic">A.</hi> There were a great many ill; one of my company was dreadfully ill—there was a wonder what had caused it—we made an observation that we thought the water might have been poisoned at Shrewsbury—we were all affected in the same way with sickness.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did you see anybody affected yourself in that way?
<hi rend="italic">A.</hi> They were sick and purged—I myself saw a lady who came to meet me, that was one, and another party in my company; in fact, he was that ill that he could not go to the race on the Thursday.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q. I</hi> think I heard you say that they were affected by sickness and purging?
<hi rend="italic">A.</hi> They were—I saw Mr. Palmer with a glass in his hand—he held it carelessly up, in this form, not near the light—I did not see any substance in the glass.</p>
<p>
<hi rend="italic">Q.</hi> Did he hold it between his eyes and the light, so that he could see if there had been anything floating in it?
<hi rend="italic">A.</hi> Just in this way—this was a passage that led to a good many rooms—I think there was a gas light, I think it was a chandelier—he said, "I will be with you presently," when he carried the glass into the unoccupied sitting room, as I supposed—he said that while he was holding it up—there was no confusion at all, nothing to excite suspicion, he was quite calm—I thought he was mixing himseif up some cooling drink, and was waiting for water—I was not examined before the Coroner.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Was the brandy and water he gave you hot or cold?
<hi rend="italic">A.</hi> Cold—I am on friendly terms with many men who frequent the turf, and have been on intimate terms with Mr. Palmer—I have known him a great many years as a racing man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-112" type="witnessName">
<interp inst="t18560514-name-112" type="gender" value="female"/>
<interp inst="t18560514-name-112" type="surname" value="BARNES"/>
<interp inst="t18560514-name-112" type="given" value="LAVINIA"/>LAVINIA BARNES</persName> </hi>. In Nov., 1855, I was in service at the Talbot Arms, as waitress—I know Palmer and knew Cook—I saw him on Monday, 12th Nov., on bis going to the Shrewsbury races, he called there and spoke to me—he seemed much as usual, he seemed very well—he did not complain of anything, as I know of—I saw him on his return from Shrewsbury on the 15th, Thursday night—I remember his coming back on the Friday, after having dined with Palmer—I saw him between 9 and 10 o'clock at night—I spoke to him—he was sober—Elizabeth Mills attended on him to his room—I saw him twice during the Saturday—I remember some broth being sent over on the Saturday—I took it up to Mr. Cook—he did not drink it then, he said he could not take it, he was too sick—I brought it down, and put it in the kitchen, on the table—after that I saw Palmer, and told him that Mr. Cook could not take it, he was too sick; Palmer replied that he must have it, and it was afterwards taken up to him by Elizabeth Mills, the chambermaid—on the Sunday I did not see some more broth which was sent over—Elizabeth Mills was taken ill on the Sunday, between 12 and 1 o'clock, I think, with vomiting—it was violent—she went to bed—I saw her vomiting—I did not see her again till between 4 and 5 o'clock, I rather think—she complained to me at the time of being ill from the vomiting, she said she felt very sick—I did not see the broth brought on the Sunday—I do not know whether that broth was made in the Talbot Arms, it was in a sick cup, with two handles, which was not belonging to the Talbot Arms—that cup went back to Mr. Palmer's—on the Monday</p>
<xptr type="pageFacsimile" doc="185605140031"/>
<p>morning I saw Palmer at the Talbot Arms, between 7 and 8 o'clock—he did not say anything to me about where he was going, but be told Eliza
<lb/>beth Mills, in my presence, that he was going to London—T did not see Mr. Cook on the Monday till after dinner—I saw him during the day—I remember some one coming to see him—I remember Mr. Saunders, the trainer, from Hednesford, being there—I took up to Mr. Saunders some cups of brandy and water—my room is the next to Mr. Cook's—on that Monday night Palmer came, between 8 and 9 o'clock, I think—I saw him go up stairs in the direction of Cook's room, and I saw him in the room after
<lb/>wards—I saw him in Cook's room between 12 and 1 o'clock—I do not remember seeing him in the room before 12 o'clock—about 12 o'clock I was in the kitchen, I had not gone to bed, and was alarmed by Mr. Cook's bell ringing violently—it rings into the passage by the kitchen—I went up stairs, and found Mr. Cook very ill—he asked me to send for Mr. Palmer—he was screaming "Murder!" he seemed in violent pain, and said that he was suffocating—his eyes were very wild looking, and they were standing a great way out of his head, as if they were going to start out of his head—he was beating the bed with his hands in this way when I saw him first—I left for the purpose of sending the
<hi rend="italic">Boots</hi> for Palmer—Elizabeth Mills had not come then, I called her up afterwards—Cook screamed "Murder!" and for Christ to have mercy on his soul—I had never seen any person in such a state before—I sent the
<hi rend="italic">Boots</hi> of the hotel over for Palmer—he came, and after he came I went up again into the room—Cook was then more com
<lb/>posed—he spoke to Palmer in my presence—he said, "Oh, doctor! I shall die!" or something like that—Palmer said, "Don't be alarmed, lad"—I did not see any pills given—I saw Cook drinking a darkish mixture in a glass—I cannot remember who gave it to him, but I saw it in his hand—Palmer was in the room—when Cook put the glass to his month he was biting at it, snapping at it—I saw his teeth snap at the glass, I both saw and heard that—that black looking draught did not remain on his stomach, he vomited it—I left him between 12 and 1 o'clock—he was then more composed—I cannot remember when I first saw him on Tuesday—I did see him, and he seemed a little better—I asked him how he was—I saw him more than once on the Tuesday, he seemed better during the whole of the time—on the Tuesday night I was alarmed again by Mr. Cook's bell ringing—Elizabeth Mills went up to answer the bell—she was with me in the kitchen when the bell rang—I followed her up stairs, and met her coming back—I did not go into Mr. Cook's room then—I heard him screaming—I was standing on the landing by the door—I saw Palmer come, Elizabeth Mills fetched him—I was on the landing when he came, and said to him, "Mr. Cook is ill again"—he said, "Oh, is he?" and went into the room—he was dressed in his usual way; he had a black coat on—there was nothing peculiar about his dress, except that he had a cap on—after he had gone into the room I remained on the landing—I could not hear what was going on inside—after some time Palmer came out, and went down stairs and away for something—when he came out he spoke to me first, I think, and said that Cook was not so bad by a fiftieth part as he was the night before—I heard Elizabeth Mills ask him how Cook was—it was in answer to her question that he said that Cook was not one fiftieth part as bad as he was the night before—we were both standing together, and he said it to us both—I went into the room before Cook died; Mr. Jones was there in attendance on him—I heard Cook ask Jones before he died to be turned over—I was not in the room when I heard him ask that,</p>
<xptr type="pageFacsimile" doc="185605140032"/>
<p>I was standing on the landing—Palmer was in the room when he asked to be turned over—I do not remember what I heard when I went into the room—I canie oat again before I knew that Cook was dead—I did not see him die, I was not in the room when he died—after he was dead, I was in the room when Palmer was there, and saw him with a coat in his hand when I went in; he was feeling in the pockets of it, and he felt under the bolster—when I saw him doing this, I said, "Oh, Mr. Cook cannot be dead!"—he said, "He is, and I knew he would be"—I left him in the room with the dead body—that was on Tuesday—I remember seeing Palmer on the following Thursday; I met him in the hall of the hotel, and he asked me for the key of Mr. Cook's bedroom, the room in which the body had said—I had not the care of the key, it was in the bar, and I fetched it—he said that he wanted some books and papers and a paper knife, that they 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, and while I was in the room with him, he requested me to go to Miss Bond, for some books which she had—I went down stairs with the message, and got the books from Miss Bond; one of them had a green
<hi rend="italic">heading</hi> on it—when I went back I found Palmer still in the room, looking for the paper knife on a chest of drawers, among some clothes and papers belonging to Mr. Cook—I know that it was a paper knife that he was looking for, because he said, "I cannot find the knife anywhere"—he was then searching on the top of the cheat of drawers—afterwards Miss Bond, the housekeeper, came up into that room, and I left—I remember Mr. Jones coming on Friday, the same Mr. Jones who slept in his room on Tuesday—I saw him on Friday with Palmer, and I asked him if he knew where Mr. Cook's betting book was—I cannot remember what Mr. Palmer said—he said that it would be sure to be found, and asked me and the chambermaid, Elizabeth Mills, to go and look for it—he said that it was not worth anything to any one else but to Cook—this was between 3 and 4 o'clock, I think—I remember Mr. Stevens being at the Talbot Arms—he left about half past 4 o'clock—alter that had been said about the betting book we went up stairs to look for it, and could not find it—Palmer did not go up with us—we hunted for it; we searched the place—we did not look in any drawers, but we searched the bed and all round the room—there were two sets of drawers, they, were open—I went down, saw Palmer and Jones, and stated that we had not been able to find it—Palmer said, "Oh, it will be found somewhere; I will go with you and look myself"—he did not go with me, he went out of the house, and I did not see him afterwards—I do not know at what time Palmer came out of Cook's room on Friday, I did not see him come out—I cannot remember seeing him come away—there was no reason for our not searching the drawers for the betting book.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Why did not you expect to find it there?
<hi rend="italic">A.</hi> There were some people in the room with Mr. Cook's corpse, nailing the coffin, and they were standing by the drawers.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You say that some broth was sent up, and Cook could not take it, he was too sick, and that Palmer came over shortly afterwards, and said that he must have it?
<hi rend="italic">A.</hi> Yes—Palmer said that he must have it; those were the words—he did not say why he must have it—I do not remember his saying anything to the effect of, "Why, he has eaten nothing for several days"—he did not say to me whether anything had been eaten by Cook—Cook had had coffee, and cocoa, and arrowroot—that was between 12 and 1 o'clock on the Saturday—I</p>
<xptr type="pageFacsimile" doc="185605140033"/>
<p>have said that on the Monday evening I saw Palmer, between 8 and 9 o'clock, going up stairs, and did not see him again till Cook was taken ill, about 12 o'clock—I am not quite certain that it was before 9 o'clock—I am not sure that it was before half past 9 o'clock—I did not pay particular attention to what the exact hour was—I am quite certain it was before 10 o'clock—I knew that he had been to London—I do not know at what hour the train came in from London—there is an omnibus from Mr. Master's to the station—it starts about half past 7 o'clock to the hotel—it is not a mile to the station—I do not know at what time the express train came in from London at that time, and I do not know whether it stopped at Rugeley—I think it must have been before 10 o'clock that I saw Palmer come is—I cannot remember now whether it was before 10 o'clock—I cannot remem
<lb/>ber now whether, when Cook snapped at the glass, the glass was in his hand—I saw him drinking, and I think I saw his hand up to the glass—I think he was as if he was going to catch hold of the glass, and somebody else was holding it—I cannot remember whether I saw Cook's hand touch the glass—I think somebody was holding it for him—he might be holding it—there was some of Cook's linen in the drawers; I do not know whether there was in all the drawers, but in many of them—Cook had many clothes there; I cannot say how many, there was a portmanteau full, besides what was in the drawers—I cannot remember whether he had a great coat, but he had an overcoat there, and dress clothes, and morning clothes—I cannot remem
<lb/>ber how soon after the death of Cook the door was locked—it was locked that night, the night of the death—it was locked after the corpse was laid out—women were sent for to lay out the corpse before it was light—I cannot say whether the door was locked as soon as that was done—it was locked when I got up, and Miss Bond had the keys in the bar—the under
<lb/>takers went in the morning—I do not know how long they were there—I did not see them come out—after they came out the door was locked again; I am sure of that—they had to come again with the dead clothes, and the shell of the coffin—I cannot recollect when they brought them; it was in the night, but I think the shell was there before that—I do not remember at what hour they came—they had the key, and were allowed to go up, and nobody with them—I cannot remember how many there were—on the Friday, when Mr. Stevens was there, they had not been long there, they only came to screw the coffin up—the body was put into the coffin that day, not the sight before—the women were fetched to put bin in—besides the women and the undertakers, I and the chambermaid were present—I was not there all the time, I went out and in—I saw three persons employed there by the undertakers.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> On the Tuesday night, after Cook died, the door was locked?
<hi rend="italic">A.</hi> It was looked before I got up in the morning—when the women came to lay out the body, the door was not opened for then; it was open—the chambermaid and I were with them when they laid out the body—I did not remain there; I went in and out—I cannot recollect whether the chambermaid was there—the women were left alone, I cannot say how long—I left them there when I went to bed, so I cannot say—I was about the room while they were laying out the body—I did not show the women in—I do not know who did—I saw, when the women were there, a small book on the glass of the dressing table—I had seen that book while Mr. Cook was there, but I never saw it afterwards—I cannot remember when I saw it—I saw him with it in his hand—I did not see it after his return from Shrewsbury races—I did not look into the</p>
<xptr type="pageFacsimile" doc="185605140034"/>
<p>drawers when I went up stairs to look for the book—I do not know whether Mills did or not—I looked under the bed, and she helped me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-113" type="witnessName">
<interp inst="t18560514-name-113" type="gender" value="female"/>
<interp inst="t18560514-name-113" type="surname" value="ROWLEY"/>
<interp inst="t18560514-name-113" type="given" value="ANN"/>ANN ROWLEY</persName> </hi>. I live at Rugeley. I have been in the habit of being employed by Mr. Palmer as a charwoman—I remember the Saturday before Mr. Cook died—Mr. Palmer sent me to Mr. Robinson's, of the Albion, on that day, for a little broth for Mr. Cook—I fetched it—the Albion is in New-street, or Albion-street—it is an inn, a small distance from the Talbot Arms—I brought the broth to Palmer's house—I took it through the back kitchen, and put it into a little saucepan, and put it by the kitchen fire to warm—I then went about my work in the back kitchen, again, and left it at the fire—Mr. Palmer brought it to me in the back kitchen when it was hot—he poured it into a cup—I held the cup, and Mr. Palmer poured it in—he said I was to take it across to Mr. Mastery's, for Mr. Cook, and I was to tell 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.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he say why you were to say that Mr. Smith had sent it?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">MR. WELSBY</hi>.
<hi rend="italic">Q.</hi> Did you take it to the Talbot Arms?
<hi rend="italic">A.</hi> Yes—he said it was Jeremiah Smith that had sent it—there is a gentleman of that name, an attorney, Hying at Rugeley—that is the Mr. Smith who goes by the name of
<hi rend="italic">Jerry</hi> Smith—he is a friend of Mr. Palmer's—he used to visit at Mr. Palmer's—I took the broth to the Talbot Arms, and gave it to Lavinia Barnes.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Was Mr. Smith in the habit of putting up at the Albion?
<hi rend="italic">A.</hi> Yes—I think he goes there to his meals a good deal—I was not so circumstanced respecting him as to know where he might have passed his night on any particular night—I do not know where he slept on the Sunday night—I believe he was intimate and friendly with Mr. Cook.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you ever see them together?
<hi rend="italic">A.</hi> I have seen Mr. Cook come to Mr. Smith's—I do not know that I ever knew them to dine together—Mr. Cook was to have dined with Mr. Smith that day, but he was not able to go—I believe Mrs. Robinson, of the Albion, made the broth, by Mr. Smith's order, for anything I know—I do not know anything about it—I was sent there for the broth, and I know no more—from the time I left the broth in the saucepan in the kitchen to Palmer's bringing it to me in the back kitchen, I should say not above five minutes elapsed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-114" type="witnessName">
<interp inst="t18560514-name-114" type="gender" value="male"/>
<interp inst="t18560514-name-114" type="surname" value="HAWLEY"/>
<interp inst="t18560514-name-114" type="given" value="CHARLES"/>CHARLES HAWLEY</persName> </hi>. I am a gardener, residing at Rugeley. I was occa-sionally employed by the prisoner—I remember going to his house on the Sunday before Mr. Cook died.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How were you employed by Palmer?
<hi rend="italic">A.</hi> In the garden, as a gardener.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> How came you to go there on the Sunday?
<hi rend="italic">A.</hi> Mr. Palmer asked me whether I would take some broth to Mr. Cook—that was in his own house—I was very often in the habit of going there on the Sunday—it was between 12 and 1 o'clock in the day that he asked me to do that—he gave me the broth in a small cup with a cover; he told me to take it across to the Talbot Arms for Mr. Cook—I did so—I cannot tell whether it was hot—I did not look at it, or feel it—I gave it to one of the servant girls, either Mills or Lavinia.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-115" type="witnessName">
<interp inst="t18560514-name-115" type="gender" value="female"/>
<interp inst="t18560514-name-115" type="surname" value="BOND"/>
<interp inst="t18560514-name-115" type="given" value="SARAH"/>SARAH BOND</persName> </hi>. I was housekeeper at the Talbot Arms, in Nov. last I knew Mr. John Parsons Cook—he had been staying there during the last year—I remember his going to the Shrewsbury races on 12th Nov.; he came back on the Thursday—I saw him on the Thursday night—I heard</p>
<xptr type="pageFacsimile" doc="185605140035"/>
<p>him say that he was very poorly—I did not see him on the Friday or Satur
<lb/>day—I saw him on the Sunday evening about 8 o'clock—he was in bed—he said that he had been very poorly, bat he was better that night—I saw Palmer there that Sunday night, very soon after I came out of Mr. Cooks room—I asked him what he thought of Mr. Cook—he told me he was better—on the Saturday night some one slept in the room with him—I mentioned about his having some person with him, and he said that either he or Mr.
<hi rend="italic">Jerry</hi> Smith should be with him that night, he should not be left on the Saturday night—I asked him if he thought he would not want some oae with him on the Sunday night; he said he was so much better he would not require any one, he would be much better without any one—I men
<lb/>tioned the
<hi rend="italic">Boots</hi>, Daniel Jenkins, and asked if he should sleep in the room—he said he had much rather he did not, for he was so much better, and he would be much better alone—I saw Palmer again next morning (Mon
<lb/>day) a little before 7 o'clock—he came into the kitchen to me—I asked him how Mr. Cook was—he said he was better, and he asked me to make him a cup of coffee—he did not say how it was to be made, whether it was to be strong or weak, he merely asked me to give him a cup of coffee—I made that coffee—he remained in the kitchen while I made it, he then took it from me—I gave it him, and he took it from me to take to Mr. Cook—he told me that he was going to London that day—he said that he had written to Mr; Jones to come to be with Mr. Cook, because he was going to London, he thought it would tie better—I saw Mr. Cook en the Monday night—I went up to his room; the waitress came, and told me that he was very ill—that was from 11 to 12 o'clock—I had mot heard the bell ring, the waitress told me it had rung—when I went into the mom there was no person with him—he was on the bed, sitting up a little; he seemed rather irritable when I went in; he seemed disappointed that it was not Mr. Palmer, he said it was Mr. Palmer that he wanted—I was not in the room above two or three minutes—when I went in, Mr. Cook was sitting up in bed resting on his elbow—I was going to light his candle, but he told me not to light it, he did not want a candle—I then left the room, and went on the landing—Mr. Palmer came in—I was then on the landing—I could see into the room—Palmer went into the room—I could not see what he was doing, but I heard that he was giving him some pills, and there was a draught for him to take—he left the room again to fetch some medicine, and then came back again—he was not away many minutes—when he came back, I beard nothing in the room, except hearing that Mr. Cook was very sick and very ill—he fold Mr. Palmer that he thought he should die, and he must not leave him—I beard him say so, I was in the passage—when Cook said that, Palmer cheered him up, and told him that he would do all he could to prevent that—when Mr. Palmer came out again, I asked him if Mr. Cook had any rela
<lb/>tives—he said that he had only a stepfather—I saw Mr. Cook again on the Tuesday, between 3 and 4 o'clock in the afternoon, when Mr. Jones came—I took him up a little jelly a little after 6 o'clock—I did not see Mr. Cook alive after that—when I took him up the jelly he seemed very anxious for it, and said if he did net have something he thought he should die—I thought he seemed a little better then—on the Wednesday morning I got the key of Mr. Cook's bedroom between 8 and 9 o'clock—I took care of the key—I believe I gave it to Mr. Tolly, the barber, when he went to shave him—that was about 9 o'clock on the Wednesday—I gave the key to Lavinia Barnes on the Thursday—I afterwards went upstairs into the room—I met Mr. Palmer just coming out of the room as I went in—I locked</p>
<xptr type="pageFacsimile" doc="185605140036"/>
<p>the door after he came out—I am not certain whether I looked it, or Mr. Palmer, but it was locked—if he locked it he gave me the key—I gave that key up to Mr. Stevens when he came on the Friday—I think I gave it to the undertaker.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> What time did you see Mr. Palmer on the Monday evening?
<hi rend="italic">A.</hi> A little before 12 o'clock—I had not seen him before in the course of the evening—the last train that stops at Rugeley is between 7 and 8 o'clock—that is not the express, the express does not stop at Rugeley—it is necessary for passengers coming from the express to have a fly, or some conveyance, from Stafford—I cannot tell at what time they would arrive in the ordinary course, I should say about 10 o'clock'—when I first went into Mr. Cook's room, he seemed rather irritable—he seemed disappointed that it was not Mr. Palmer; it warn Mr. Palmer he wanted—I thought he seemed worse than he had been—I offered to light his candle, but he told me not, and then I left the room—the conversation I had with him was not above two or three minutes—he was then sitting up in bed—I was not present when he was ill on the Sunday night—I did not hear him say anything about it.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> I think it was Barnes who told you that he was so ill, and which led you to go up stairs?
<hi rend="italic">A.</hi> Yes—she had in the meanwhile gone to fetch Mr. Palmer—Mr. Palmer came directly after I left the room—I remained on the landing.</p>
<p>
<hi rend="italic">Q.</hi> What led you to ask Mr. Palmer what relatives the man had?
<hi rend="italic">A.</hi> I thought he seemed so very ill that I thought it was necessary to know what relatives he had—it was in consequence of the state in which I found him when I went into the room; he appeared very ill, and told Mr. Palmer he thought he should die—I then asked Mr. Palmer the question.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-116" type="witnessName">
<interp inst="t18560514-name-116" type="gender" value="male"/>
<interp inst="t18560514-name-116" type="surname" value="JONES"/>
<interp inst="t18560514-name-116" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY JONES</persName> </hi>. I am a surgeon and medical practitioner, living at Lutterwerth. I have been in practice fifteen years—I was intimately acquainted with the deceased, Mr. Cook—lie resided at my house from time to time, he boarded with me occasionally—I had been on terms of intimacy with him nearly five years—he was twenty-eight years of age when he died—he was unmarried—he was of no profession—he was originally educated for the law—in later years he had entirely addicted himself to the turf, and to agriculture a little—he had a farm two or three years ago at Calthorpe—for the last year or two he has had nothing but racing—he kept race horses, and betted on the turf—I do not know when he became acquainted with Palmer—I have known of their intimacy for more than twelve months—he considered my house at Lutterworth as his home lately—I attended him from time to time professionally.</p>
<p>
<hi rend="italic">Q.</hi> What had been the state of his health?
<hi rend="italic">A.</hi> His health was generally good—he was not of a very robust constitution—he was a man of active habits, in general—he both hunted and played cricket—I was aware when the Shrewsbury races were about to take place; I had a letter from him—he invited me to come over to see his horse run; I have a letter from him to that effect—I went over in consequence—I spent Tuesday, the 13th, with him, the day bis horse ran; that was Polestar—I was aware that the hone won—I dined with him at the Raven Hotel afterwards—several others dined at the same time—there was a little extra champagne—I staid till 10 o'clock, I did not remain at table till 10—we dined between 6 and 7 o'clock—the party broke up between 8 and 9 o'clock I should imagine—he accompanied me down the town to the house of Mr. Frail—I was going off by the 10 o'clock train—Mr. Frail was clerk of the course—I was present at a</p>
<xptr type="pageFacsimile" doc="185605140037"/>
<p>conversation that took place between Cook and Frail, and Whitehouse the jockey, was there—the conversation turned entirely upon racing matters—I saw him produce his betting book to Whitehouse—he calculated the odds and his winnings—I did not overlook the book, I stood by while he had it in his hand—I saw that there were figures in the book, but I did not examine them—he made some statement as to his winnings, that he had taken 7 to 1, to that effect—it was near upon 10 o'clock when I left the hotel—I left Mr. Cook at the door of the hotel—I was constantly with him until 5 minutes to 10 o'clock—he was not the worse for liquor at all that day—he had not drunk too much, net so as to affect his sobriety in the least—he was not at all the worse for liquor—he did not appear to me to be other
<lb/>wise than in his usual health that evening—on the Monday after that I received a letter from Mr. Palmer—I have it here—(
<hi rend="italic">Read</hi>: "Nov. 18th, 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 oome to see him as soon as possible.
<hi rend="italic">Signed</hi>, William Palmer.")—that letter came to me on the Monday morning—I was very unwell that day—the next day, Tuesday, I went to Rugeley—I arrived by the 3 o'clock train, I believe—I got to the Talbot Arms something about half past 3 o'clock—I immediately proceeded to visit Cook—he expressed himself to me as being very comfortable—he said he had been very ill at Shrewsbury; I do not think anything else passed about What he had suffered at Shrewsbury—he said he bad been very ill at Shrewsbury—he did not tell me what the symptoms were, he said he was obliged to call in a medical man at Shrewsbury—Palmer came to the room where we were, soon afterwards—I examined Cook in Palmer's pre
<lb/>sence—I felt his pulse, it was tolerably natural; his tongue was clean—I remarked to Mr. Palmer, "This is hardly the tongue of a bilious diarrhœa attack"—Palmer replied, "You should have seen it before"—I did not prescribe or recommend anything for him at that time, I did not consider him in my hands at all—I visited him several times in the course of that afternoon—I found that he changed for the better, his spirits were better, and his pulse was better; he was decidedly improving—he vomited in the afternoon—I gave him a little toast and water, and he vomited—he asked me for it—it was in the room—there was no diarrhœa—Mr. Bamford came that evening, somewhere about 7 o'clock—Palmer had previously informed me that he had called in Mr. Bamford to his assistance—when Mr. Bamford came he expressed his opinion that Mr. Cook was going on very satisfactorily.</p>
<p>
<hi rend="italic">Q.</hi> Was anything then said by Cook about the previous night?
<hi rend="italic">A.</hi> He objected to the pills of the previous night.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you ask him about them?
<hi rend="italic">A.</hi> They were mentioned.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> What Was mentioned?
<hi rend="italic">A.</hi> Merely what he should have; what we should prescribe for him was mentioned, and he objected to having the pills again—something was mentioned about what he was to have—Mr. Cook mentioned the pills first—he objected to baring them—Palmer was there the whole time—Mr. Cook said they made him ill the previous night, and he objected to taking them—I do not recollect to whom he addressed himself—after his objecting to taking the pills, we three medical men withdrew from the room into the passage—Mr. Palmer there proposed that Mr. Bamford should make up the morphine pills, the same as before, at the same time requesting me not to mention to Mr. Cook what they contained, as he objected to the morphine so much—Mr. Bamford</p>
<xptr type="pageFacsimile" doc="185605140038"/>
<p>agreed to it—Mr. Bamford then left—I went back to Cook's room—I think Mr. Palmer went with me—I have no recollection how long he stopped there; not long—I was afterwards in Cook's room several times in the course of the evening—I talked, to him a short time, and then left him—he seemed very comfortable all the evening—there was not any more vomiting that I observed—there was no diarrhœa—there was an action on the bowels, but not diarrhœa.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you observe any bilious symptoms?
<hi rend="italic">A.</hi> No, certainly not, natural.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did you observe any bilious symptoms about him at all?
<hi rend="italic">A.</hi> None whatever.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were there any symptoms of his having recently suffered from any bilious attack?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You say you were in and out in the course of the evening, after Mr. Bamford went away; did Mr. Palmer afterwards leave?
<hi rend="italic">A.</hi> Yes—he left, and went over to his own house—I should think that was about 8 o'clock—I went with him—I remained with him from a quarter to perhaps half an hour, and then came back to Cook's room—the next time I saw Mr. Palmer in Cook's room was nearly 11 o'clock—he then brought a box of pills with him—he opened it in my presence, and showed me the directions—the directions were written on a slip of paper, which was round the box—he directed my attention to the paper, saying, "What an excellent hand for an old man upwards of eighty to write!"—I did not read the direction through; I merely looked at the handwriting—it was a very good handwriting—Mr. Palmer proposed to Mr. Cook to take those pills—Cook protested very much against it, on the ground that they had made him so ill on the previous night—Palmer repeated the request several times, and at last Cook complied with it, and took them—after he had taken them, we left him, and I went and took some supper—the moment he took the pills he vomited—he vomited into a utensil—search was made in the utensil by Mr. Palmer and by myself, at Mr. Palmer's request, for the pills, to see whether they had been returned—we found nothing but toast and water, no pills—the pills had evidently been retained—he did not take the pills in toast and water—he took them without anything, as far as I recol
<lb/>lect—he could do it—he must have drunk the toast and water previously, I do not know when; he had it by his bed side—I do not think it possible that the contents of the pills could have caused the vomiting, it came too quickly—I should say that the act of swallowing could not have done it—after the vomiting, he lay down to rest, and we left him—he appeared quiet after that.</p>
<p>
<hi rend="italic">Q.</hi> You have said that he seemed better; before that, had he become stronger than he was when you first arrived?
<hi rend="italic">A.</hi> Yes—he expressed himself so—he had got out of bed, and sat on a chair—that was before Palmer came and gave him these pills—I can hardly recollect whether it was between the time when I went over with Palmer to his house, and the time that he came with the pills, or whether it was earlier than that—in the course of the evening before he took the pills, his spirits were very good, and he was very jocose—he was laughing and joking, speaking of what he should do during the winter; that he intended to ride and hunt again—he spoke of his future plans and prospects—after Cook had taken the two pills which Palmer brought at 11 o'clock, I went down stairs, and took a little supper—I returned at very nearly 12 o'clock—it had then been arranged, at his request, that I should sleep in his room that night—it was a double bedded</p>
<xptr type="pageFacsimile" doc="185605140039"/>
<p>room—after going up stairs, I talked to him for a few minutes, and then went to bed—at the time when I last talked to him, before I got into bed, he appeared rather sleepy, but quite as well as usual—I wished him to go to sleep—there was nothing at all about him to excite any apprehension—I had been in bed about ten minutes, I should imagine, when he suddenly raised himself up in bed—I was not asleep—as far as I can imagine, it was about ten minutes, I cannot say how the time went—he suddenly started up in bed, and called out these words, "Doctor, get up! I am going to be ill; ring the bell for Mr. Palmer"—I did ring the bell—the chambermaid came to the door, and Cook himself called out to her, "Fetch Mr. Palmer"—he asked me to rub his neck—before that, he asked me to give him something—I said I had nothing with me; Mr. Palmer would be there directly—he was sitting up in bed at that time.</p>
<p>
<hi rend="italic">Q.</hi> Did you observe whether there was anything in the expression of his countenance?
<hi rend="italic">A.</hi> Nothing very particularly; in feet, the room was rather dark, I could not observe—he then asked me to rub his neck—I do not think he said why—he said, "Bub my neck"—I rubbed the back part of his neck for him, and supported him in my arms at the time, while I was rubbing him.</p>
<p>
<hi rend="italic">Q.</hi> Did you observe anything about the back of the neck while you were rubbing?
<hi rend="italic">A.</hi> It was stiff, a sort of hardness there appeared about the neck, a stiffness of the muscles—Palmer came very soon indeed after the chambermaid went away, two or three minutes at the utmost—he made the remark when he came in, "I was never so quickly dressed in my life" did not observe how he was dressed, I was so engaged with this poor fellow in my arms at the time.</p>
<p>
<hi rend="italic">Q.</hi> Did he bring anything with him?
<hi rend="italic">A.</hi> He gave him two pills, I think he brought?
<hi rend="italic">A.</hi> with him; he told me they were ammonia pills—Cook swallowed?
<hi rend="italic">A.</hi> directly he had swallowed?
<hi rend="italic">A.</hi> he uttered loud screams—directly he had swallowed?
<hi rend="italic">A.</hi> he threw himself back in his bed, and was dreadfully convulsed—that certainly could not have been from the action of the last taken pills, as they had been taken immediately before—he said to me, "Raise me up, or I shall be suffocated"—the convulsions lasted from five to ten minutes, I should think—that was not before he called out to be raised up, it was at the time; it was at the commencement of the convulsions—he threw himself with a sudden jerk back upon the bed—it was just afterwards that he called out to be raised up, just after he was down—the convulsions then set in violently—the convulsions extended over all the muscular fibres; there was a violent contraction of every muscle of the body, and stiffening of the limbs—when he called out to me to raise him up lest he should be suffocated, I endeavoured to do so, with the assistance of Mr. Palmer, but found it quite impossible, owing to the rigidity of the limbs—when he found that we could not raise him up, he asked me to turn him over—I did so—he was quite sensible—listened to the action of his heart—that was after I had turned over—I found it gradually to weaken—I requested Mr. Palmer to go and fetch some spirits of ammonia for him, to revive the action of the heart, as a stimulant, in hopes of reviving him—Palmer went to his house, and fetched the bottle—he was gone for a very short period, I should say not above a minute; he was very quick indeed—when he came back the heart was gradually sinking, and life was almost extinct, and he died very quietly at last—he died very soon after Palmer returned, he was not able to take the ammonia when he came—from the time that he first</p>
<xptr type="pageFacsimile" doc="185605140040"/>
<p>roused me and raised himself in his bed, until he died, I suppose from ten minutes to a quarter of an hour elapsed.</p>
<p>
<hi rend="italic">Q.</hi> Of what, in your judgment as a medical man, did he die? what was the proximate cause of death?
<hi rend="italic">A.</hi> He died from tetanus—the meaning of the word tetanus is lock-jaw, that is the common term.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Lock jaw is a symptom of tetanus?
<hi rend="italic">A.</hi> Yes, one of the symptoms, but every muscle of the body was affected in the same manner, with violent spasm.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> How should you express in ordinary English the general symptoms of what you call tetanus, in one word?
<hi rend="italic">A.</hi> Violent spasmodic affection of all the muscles of the body—that affection causes death by stopping the action of the heart—it affects, the respiratory muscles, and so stops the action of the lungs as well—it is that spasm of the respiratory muscles that causes the sense of suffocation—when the death took place he was still on his side—he was still on his side after he was dead—I did not turn the body on its back.</p>
<p>
<hi rend="italic">Q.</hi> Did you observe what was the outward appearance of the body imme
<lb/>diately after the death?
<hi rend="italic">A.</hi> It was very dark; I could not mike the observation I should, there was only one candle in the room.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You could make no observation as to the colour of his skin?
<hi rend="italic">A.</hi> No, I could not.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Had you any opportunity of observing in what position his hands were?
<hi rend="italic">A.</hi> Yes, clenched—both hands were clenched; the left hand particularly, that I had in my hands—I observed the clenching of the hands immediately after the attack took place, as he threw himself back in the bed—that was immediately after his taking the pills that Palmer brought over—I did not see the hands clenched when I was rubbing his neck.</p>
<p>
<hi rend="italic">Q.</hi> Did you observe, either before or at the time, of death, or immediately afterwards, anything in the position of the head and neck?
<hi rend="italic">A.</hi> Yes, the head was quite, bent back, I mean into an unnatural position.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> By spasmodic action?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did you observe whether there was any effect produced by spasmodic action in the form of the body, as regarded the back?
<hi rend="italic">A.</hi> Yes, the body was twisted back like a bow, twisted quite, back.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When did you observe that appearance?
<hi rend="italic">A.</hi> Immediately after death, or at the time—all the time—after he threw himself back, it was immediately drawn back.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> If you had placed the body at that time, on the back, in what position would it have rested?
<hi rend="italic">A.</hi> On the head and heels—if I had placed that body in a position on a plane surface, it would have rested on the head and heels—I did not observe anything at the time of death, or immediately after, about the jaw; his face was turned away from me, I could not observe that—after death I saw that the jaw was all affected by spasm; the side of the jaw, the side of the face, every muscle, of the body.</p>
<p>
<hi rend="italic">Q.</hi> After death did Palmer say anything to you on the subject of any claim that he had upon Cook?
<hi rend="italic">A.</hi> Yes, it was mentioned afterwards that he had a claim upon Cook—that was that night, it was not exactly a claim—it was some time after Ms death, that night—Palmer remained from half an hour to an hour after the death, I should think—he did not desire me to send the women servants in to him, that was a suggestion of my own—I</p>
<xptr type="pageFacsimile" doc="185605140041"/>
<p>wished to have some women to lay him out—I went out of the room to speak to the housekeeper, and told the two servants to go in, the two maids who were sitting on the steps just by, while I went down stairs—I remained down stairs a few minutes with Miss Bond, the housekeeper, and then returned, and fouad Mr. Palmer in the room with Mr. Cook's coat in his hand—he remarked to me, "You, being his nearest friend, had bitter take possession of his valuables," or "of his effects or something of that sort—I took possession of his watch, and his purse, containing five sovereigns and 5
<hi rend="italic">s</hi>. or 6
<hi rend="italic">s</hi>.—that was all the money I could and belonging to him—I could not find any betting book, or any papers—there were two letters which I had brought with me from the country—I had given them to Cook, and he said he would see?
<hi rend="italic">A.</hi> in the morning—they had not, been opened—he would not open?
<hi rend="italic">A.</hi> then, he told me to open them I just broke the seal, and gave then to him—they were letters of his brother in law, of no impor
<lb/>tance—after that, before Palmer left, he said that it was a bad thing for him that Mr. Cook was dead, for he was responsible for money of Cook's—he said, "I am responsible for some 3,000
<hi rend="italic">l</hi>. or 4,000
<hi rend="italic">l</hi>. and I hope Mr. Cook's friends will not let me lose it; if they do not assist me, all my hones will be seized"—nothing was said by him about securities, or papers, or anything of that sort, nothing mow definite than, that—I was present on the Friday whan Mr. Stevens, the step-father, came—I heard some remarks between them on the subject of the funeral—Mr. Palmer said that if Mr. Stevens did not bury him, he should himself—I do not recollect any expression then by Mr. Stevens as to burying him—I do not recollect how that observation arose—Mr. Stevens, My. Palmer myself and Mr. Bamford dined together at the Talbot Arms that day, about 3 o'clock, and after dinner Mr. Stevens requested me to go and look for Cook's betting book, Palmer being them present—Mr. Stevens was going to London by the train—we went and searched, and Palmer came with me—he followed me immediately after I went out of the room—he had told me previously to that, on the night that Cook died, that the betting book would be of no use to any one, but it most probably would be found—it was taking possession of the effects on the night of the deiyth which led me to have conversation with him about the subject of the betting book—I think I made an observation on the subject—we just looked for the book, it was very cursory, it was of no consequence—I looked for it, but certainly did not find it—made no particular remark on not finding it—he said that it was sure to be found, it was of no use to any one—he knew what I was looking for—I said, "Where is the betting book?" or something of that kind; and then on that he said, "I have no doubt it will be found, but it is of no use to any one"—he said, "The beta are void"—I am sure he said that—"When a person dies," he said, "all the beta are void"—I am not acquainted with the turf at all—on the Friday, Palmer went up stairs with me to Cook's room, when we looked for the betting book—he looked on that occasion—I could not find it, and he came down stairs with me, and I told the, maid servant to go up and search among his linen, a second search—after that I went into the room where Mr. Stevens was, and told him that I could not find it—Palmer went in with me—I do not recollect the remark Mr. Stevens made—on that evening, when I had sent the maid servants in to speak to Mr. Palmer on the subject of the women laying out the body, I went down stairs, but was mot absent move than two or three minutes before I returned to the room.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> In the consultation that you three medical men had on the</p>
<xptr type="pageFacsimile" doc="185605140042"/>
<p>Tuesday night, was anything said about the symptoms that had occurred the night before?
<hi rend="italic">A.</hi> Nothing.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You pursue the medical profession seriously, as a means of living, is that so?
<hi rend="italic">A.</hi> Yes—I am a regularly educated medical man, and a licentiate of the Apothecaries' Com
<lb/>pany—when I was a younger man I endeavoured to qualify myself for the practice of my profession, and I have done so since—Mr. Cook lived a good deal at my house lately—his health was pretty fair, pretty good—he had been ill occasionally, slight illness—I know that he bad been under treat
<lb/>ment by Dr. Savage, for some time—he had not been treating himself a good deal with mercury—I know that he had a sore throat for a consider
<lb/>able time, two or three months—it was bad in the summer, and was slightly ulcerated, not a very extreme case, slightly, at the back part of the tongue—he could swallow, but it gave him a little pain occasionally, it depended a good deal upon what he did swallow—I know that he did apply caustic to his tongue, and had it done—he used to do that two months before his death—he did not, till after he had ceased to do it, complain of occasional pain in his throat or tongue—I did not see much of him during those two months, but occasionally—he came and stayed two or three days at a time, and went away again—he attended most of the races—I never heard him mention any specks that appeared on his body—he expressed apprehension of his being affected by secondary symptoms of venereal disease; of syphilis—his habits were very correct, generally speaking, but he occasionally indulged himself—I do not know that he was then not very particular—I know that he had a chancre, but not at the time he died—twelve months ago I believe he had one—I was not aware that when he died he had a chancre on his penis; not till you mentioned it—I was not present at the
<hi rend="italic">post
<lb/>mortem</hi> examination—he was much reduced in circumstances to my know
<lb/>ledge at the time he died—he had been before, but he was rather redeeming his position, I understood—he told me so—that was by racing—I had no accurate knowledge of his affairs—I did not know that he was continually in the want of small sums of money—he never told me that, and I did not observe it—Polestar was his principal horse—I do not know much about racing matters—I know that he had several horses, and that he had some in which he was joint owner with Palmer—there was a mare, Pereine, which was under the care of Saunders, the trainer—I was at the races with him at Shrewsbury—he was very anxious before the race came off; I know that it was of great importance to him—he was very excited after the race was run, I did not observe it before—he was very excited just for a few moments—he could not speak for two or three minutes, and was elated and happy the rest of the evening—I am not a racing man myself—he did not drink freely on that Tuesday, he was a temperate man—I left Shrewsbury at 10 o'clock that evening, and do not know any more—the last I heard of him was from the letter of Palmer—Palmer knew very well who I was, and that I was in practice at Lutterworth—Cook objected to taking the morphia pills because they made him ill—he said that Dr. Savage had recommended him not to take calomel or opium—the effect of morphia would be to make him sleep, to soothe him, and enable him to take his rest, that was the inten
<lb/>tion—opium will constipate the bowels, it may be in a slight degree—Cook sat up in the afternoon, but did not sit long—when he was first attacked the night before, after he had got to bed, I was roused up, and when Palmer came, he said, "Palmer, give me the remedy you gave me the night before"—I should think I was five minutes rubbing his neck—after he was turned</p>
<xptr type="pageFacsimile" doc="185605140043"/>
<p>over, but a few minutes elapsed before he died, three or four minutes—he died very quietly, we could hardly tell when he did die—it was at that time that I put my face to his heart—from that time he was composed and died quietly—I know very well what tetanus is; I have seen cases from wounds of traumatic tetanus—I spoke about tetanus at the inquest; you will find in my deposition to that effect, convulsions and tetanus—I stated so at the time—I said that I could not tell the cause, I was taken so by surprise at the time—(
<hi rend="italic">The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi>.
<hi rend="italic">produced the original deposition, in which the word "compression" had been erased, and "tetanus" inserted, which had afterwards been altered to "violent convulsions"</hi>)—I did say, "I cannot tell the cause, I imagined that it was from over excitement"—my deposition was read over to me before I signed it—I do not think I read it myself, but I well remember using the term "tetanus"—I put my name to the deposition, that was all—(
<hi rend="italic">The deposition was here read</hi>).</p>
<p>
<hi rend="italic">Q.</hi> In your deposition you say, "I had been in bed a quarter of an hour or twenty minutes;" your impression to-day is ten minutes; was not it twenty minutes?
<hi rend="italic">A.</hi> I think not—I do not think I had begun to doze.</p>
<p>
<hi rend="italic">Q.</hi> Do you remember the last scream, when he fell over, after having the pills; have you at any time stated that you thought he died of epilepsy I
<hi rend="italic">A.</hi> I do not imagine I have said so, Mr. Bamford said that it was apo
<lb/>plexy, and I said I thought it was not—I could not make up my mind what fit it was—I said that it was more like epilepsy than apoplexy—I never met with forms of epileptic seizure in convulsions in which the mind does con
<lb/>tinue unaffected; it is always so in hysteria—I do not know Mr. Pratt at all—I brought Cook a letter from Mr. Pratt, of Lutterworth, and Cook told me to open it—I cannot state what it was, they were matters in which I never mixed up with him—he did not read it—he said, "I know the effect of it, let it be till to-morrow morning"—he did not seem in doubt about it—I had very little opportunity while I was at Rugeley of knowing anything of the sort of racing establishment that Palmer had—I went into his paddocks and saw mares, some with foal, and some in foal—it appeared a very good establishment.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You are not much acquainted with the value of race horses, to know a good one from a bad one?
<hi rend="italic">A.</hi> No, I under
<lb/>stand other horses very well—these horses of Palmer's were race horses—Mr. Cook told me that—they had tossed up for the mare called Pereine, that Palmer won; it was win or lose—Polestar was Cook's sole property—it was twelve months ago that he had chancre—I attended him for it—I sometimes attended him for sore throat, and sometimes he would consult Dr. Savage when he was up in town—he consulted several medical men when he was up in town; so he told me, and they had told him so—I have only seen one case of tetanus in my life, and that was from a wound on the thumb; it ended in death—the patient was three days in dying—the convulsions there were not as severe as these—the principal spas
<lb/>modic action was the locking of the jaw—the patient died of lockjaw and muscular convulsions—after Cook's death, Mr. Bamford said that he thought it was apoplexy; I said that it was more like epilepsy—I have seen cases of epilepsy, there are not there such symptoms as convulsive spasms; and consciousness is lost—there is no rigidity of the muscles, and the symptoms are quite different—in apoplexy, consciousness is lost—I am quite confident in my own mind that it was not apoplexy.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You thought that the sore throat was venereal, and several other medical men thought so too?
<hi rend="italic">A.</hi> Cook told me that several other medical men</p>
<xptr type="pageFacsimile" doc="185605140044"/>
<p>thought so too—ifhe had any secondary symphoms, or syphills, they most deci
<lb/>dedly could not produce the symptoms I saw on Tuesday nighty and for two months preceding his death he was dear of them; his throat was quite well.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">LAVINIA BARNES</hi>.
<hi rend="italic">Q.</hi> On Monday morning did Mr. Cook say to you that he had been very ill on the Sunday night, just before 12 o'clock, and had rung the bell for some one to attend to him, but he thought you had all gone to bed?
<hi rend="italic">A.</hi> Yes, he did; he said that he was nearly ringing the bell, but he thought they were all gone to bed—he did not say that he bad rung it.</p>
<p>
<hi rend="smallCaps">MR. ATTORKEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did he tell you what it was that had alarmed him?
<hi rend="italic">A.</hi> No, he did not.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">ELIZABETH MILLS</hi>.
<hi rend="italic">Q.</hi> Do you remember, when you went into Mr. Cook's room on the Monday morning, his telling you about his having been disturbed in the night?
<hi rend="italic">A.</hi> Yes; he said, "I was just mad for two minutes"—I believe I asked him what sort of a night he had had, and he said that he was just mad for two minutes—I said, "Why did you not ring the bell?"—he said, "I thought you would all be fast asleep, and not hear it"—before I asked him why he did not ring the bell, he did not tell me what had occasioned that feeling—I believe after I had spoken about ringing the bell, he said we should all be last asleep and not hear it, and the illness passed over, and he tried to manage without us, without calling us up—he said he thought he was disturbed by hearing a quarrelling in the street—he did not say what effect the quarrelling had had upon him—that was all he said that I can remember—he said that he might have been asleep, the quarrel might have disturbed him, or some
<lb/>thing of that sort.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-117" type="witnessName">
<interp inst="t18560514-name-117" type="gender" value="male"/>
<interp inst="t18560514-name-117" type="surname" value="SAVAGE"/>
<interp inst="t18560514-name-117" type="given" value="HENRY"/>DR. HENRY SAVAGE</persName> </hi>. I am a physician, living at No. 7, Gloucester-place. I knew the deceased Mr. Cook very well in past years, professionally—I have known him about four years—he has been in the habit of consulting me professionally during the last four years—he was not robust—his general health was good, for a man not robust—I only suspected that he was at all of a pulmonary disposition from his complaining of his throat, which induced me to examine his chest with that view—he came to me in May, 1855, but I saw him just before, early in the spring, and I saw him later in the autumn, Nov., 1854—it was for simple indigestion—if he felt a little out of order when he came to town, he used to call on me—in the spring of 1855, when he came to me, the old affair of indigestion was one sub
<lb/>ject of his visit, but he was anxious about some slight spots, one on his forehead and one on his arm—he had two shallow ulcers on the tongue, which I found corresponded to two bad teeth—I attributed them to the teeth—he said he had been under a mild mercurial course; he imagined that those spots were what he called secondary symptoms, but I was of a different opinion—I thought they were not, certainly—I think up to the time he saw me he had been taking mercury; he did not show me any prescription—I immediately recommended it's discontinuance, and gave him quinine as a tonic, and an aperient containing cream of tartar, mag
<lb/>nesia, and sulphur—I did not at any time give him antimony—under the treatment which I prescribed, those sores were quite well by the end of May, but he nevertheless continued to come to me—I saw him very frequently in June—he came in June still feeling some little anxiety about my treatment, and my notion that it was not secondary symptoms—I was anxious, I felt there was some difference of opinion between me and the medical man in the country—supposing I might be wrong, it would be</p>
<xptr type="pageFacsimile" doc="185605140045"/>
<p>damaging to my reputation and injurious to him—whenever he came I always examined him carefully—my attention was directed to his throat—he never had the least ulceration of the throat, the tonsils were slightly enlarged, there was very little tonsil on one side and an enlarged one on the other—it was only one of those cases of diseased tonsil to which any
<lb/>body may be subject, there were no indications of a syphilitic character; in my opinion—he continued under my treatment till a fortnight before his death—I saw him on 3rd or 5th Nov., I saw him on 29th Oct., and it was about a week afterwards—I examined him on 29th Oct., and the last time I examined him particularly, because I thought he was going away—I recommended him to leave the turf and go abroad—I examined his chest, and imagined that his left lung was slightly touched—there was some slight indication of pulmonary affection of the left lung, which afterwards disappeared, but I dwelt on it, as I wanted to get him away from his turf associations—I wished him to go abroad for two years—on that occasion I carefully examined him—I did not confine my ob-servation to the upper parts; as it was an open question with regard to the secondary symptoms, I examined his penis, and thought there was nothing venereal about it; there was a very shallow scar from a former excoriation, to which he said that he was liable—that was not what we usually call chancre, and there was no sore on any part of the body—that was the case up to the 3rd or 5th Nov.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> He was strongly in favour of mercury?
<hi rend="italic">A.</hi> No, but he was a weak man, and very apt to take the advice of any person—I think he had a little more sense than to be likely to take quack medicine, but he would do this, he would have his throat cauterised by any professional friend he might be in company with—he was weak enough to yield—he was
<hi rend="italic">hipped</hi> on the subject of his throat—the last time I saw him he had a redness over one tonsil, showing that there was a tenderness; I hardly know what term to apply to it, but that sort of sore throat which is caused by a redness—he was not in a state in which brandy and water pretty strong would do him good, it would not do him good under any circumstances—there were very trivial ulcers on his lips—he was quite well in May, but there was a slight-redness of the tonsils.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-118" type="witnessName">
<interp inst="t18560514-name-118" type="gender" value="male"/>
<interp inst="t18560514-name-118" type="surname" value="NEWTON"/>
<interp inst="t18560514-name-118" type="given" value="CHARLES"/>CHARLES NEWTON</persName> </hi>. I am assistant to Mr. Salt, a practising surgeon; of Rugeley. I know William Palmer—I saw him on Monday evening, 19th Nov., at Mr. Salt's surgery—he came there about 9 o'clock—I was alone when he came—he asked me for three grains of strychnia—I weighed it accurately, and gave it to him, folded up in a small paper, as a powder—it is a white powder—he did not make any remark—he said, "Good night," and took it away with him—he did not pay me for it—I gave it to him—knew him to be a medical man, and I made no charge—we do not sell drugs to ordinary persons—our's is a surgery—we do occasionally sell pills, or any
<lb/>thing of that kind, or salts, but we have not a retail shop—we sell medicine, as apothecaries, made up, but we do not sell strychnia to an ordinary person coming—I should not think he was in the shop two minutes, just while I accurately weighed it—I saw Palmer again on 20th Nov., the following day, Tuesday, at Mr. Hawkins's shop, a druggist—I am not quite sure, but I think it was between 11 and 12 o'clock in the day—we have our drugs from there when we are out, but we deal in London—I am in the habit very frequently of calling in at Mr. Hawkins's shop as I go by—Mr. Palmer was in the shop when I went in—he asked me how I was, and put his hand on my shoulder, and said that he wished to speak to me, I went with him to the door—we</p>
<xptr type="pageFacsimile" doc="185605140048"/>
<p>did not go to the door only, but into the street—when we got to the door, Mr. Palmer went a little distance from the door into the street, and asked me when Mr. Edwin Salt was going to his farm; and while he was talking, a person named Brassington, a cooper, came up—Edwin Salt is the son of the chemist—the farm is at Sudbury, perhaps fourteen miles from Rugeley—I never was there—Palmer had nothing to do with the farm at all, but it was a rumour in the town—Brassington stopped and spoke to me, and while he was speaking to me Palmer went away—he remained in the same place while Brassington spoke to me—Brassington had two bills for Mr. Salt, bills due from Mr. Salt for work done for him—he spoke to me about those bills, and engaged my attention, and Palmer left, and went back again into the shop—I afterwards saw him come out of the shop—I was then still talking to Brassington in the street—I am not sure whether Palmer spoke to me when he came out, but he went by me—I was talking to Brassington at the time—he went towards his own house, which is about 200 or 300 yards from Mr. Hawkins's shop—after my conversation with Brassington was ended, I went into Mr. Hawkins's shop—there is a person named Roberta, an apprentice to Mr. Hawkins—he was in the shop when I went in—when I went into the shop something was said about Palmer—I know a man of the name of Thirlby—he deals in drugs—he if the man who succeeded to Palmer's business—Thirlby's name was not mentioned in my conversation with Roberts—I know, of my own knowledge, that Palmer bought drugs of Thirlby—Thirlby generally dispenses Palmer's medicines—I mean by that, that he makes up the medicine—he acts in Palmer's name—if Palmer wishes to give medicine to a patient, Thirlby makes it up—I always understood that Thirlby succeeded to the business which Palmer had, and that that was so in Nov.—on Sunday, 25th Nov., at 7 o'clock in the evening, I was sent for to Palmer's house—I am not quite sure who came for me, but I went in consequence of being sent for—I found Palmer in his kitchen, sitting by the fire, reading—he asked me how I was, and asked me to have a little brandy—I am not quite sure whether I sat down—I had some brandy and water—there was no one else present—he asked me, "What would be the dose of strychnine you would give to kill a dog?"—I told him, "A grain"—he asked me whether it would be found in the stomach; what would be the appearance of the stomach after death—I told him there would be no inflammation, and that I did not think it would be found—upon that, 11 think, he said that it would be all right, and did that (
<hi rend="italic">snapping his fingers</hi>)—he said it to himself, and I saw him do that—we talked about some ordinary matters of conversation afterwards—he made some other remarks, occasional remarks on common subjects—I was with him in the kitchen that evening perhaps five minutes, or more—on Monday, the 26th, I heard that a
<hi rend="italic">post mortem</hi> examination of Cook's body was to take place that day—I asked Mr. Salt if he was going to Mr. Bamford's to make the
<hi rend="italic">post mortem</hi> examination, and he went down with me to Mr. Bamford's, to ask him to let me go—Mr. Bamford was not there, and I went with Mr. Salt down the town, in his gig, and met Mr. Bamford near the church, asked whether he was going to the
<hi rend="italic">post mortem</hi>, and he said that he was not—I did not see Palmer—I saw him in the study of Mr. Bamford's house before we went to the
<hi rend="italic">post mortem</hi> examination—that was after breakfast, perhaps about 10 o'clock; I am not quite certain—he asked me what I wanted—I told him I was going to the
<hi rend="italic">post mortem</hi> examination—he asked me whether Mr. Salt was going—I told him that he was engaged, and could not go—I took some instruments and other things which were necessary, and</p>
<xptr type="pageFacsimile" doc="185605140049"/>
<p>went down to the Talbot Arms, to the examination—Dr. Harland went down with me—I know Mr. Frere—he is a surgeon, practising at Rugeley—after we got to the Talbot Arms, Dr. Harland went away for a short time, and the other doctors went away together, and left Palmer and me together—we were left together in, I think, the entrance hall—we were alone together, and Palmer said, "It will be a dirty job, and I shall go and have a little brandy; will you go with me?"—I went with him to his house, which is opposite, and had two wine glasses of neat brandy, and I saw him drink two glasses—when I was there he said to me, "You will find this fellow suffering from diseased throat; he has had syphilis, and has taken a great deal of mercury"—I afterwards went over with him to the
<hi rend="italic">post mortem</hi> examination, and found that the other medical men had returned—Palmer was watching at the window—while the
<hi rend="italic">post mortem</hi> examination was going on, Palmer stood near Mr. Bamford, against the fire—I was examined before the Coroner, but did not say anytning there about my having given to Palmer three grains of strychnia on the night of 9th Nov.—I first stated that to Cheshire, the postmaster.</p>
<p>
<hi rend="italic">Cross-examined by</hi>,
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> When did you first mention that about the three grains to anybody?
<hi rend="italic">A.</hi> It was after the inquest, it was a week ago from now.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long after the inquest?
<hi rend="italic">A.</hi> It might be a week after, or it might be three days, it was very near.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Might it have been a fortnight?
<hi rend="italic">A.</hi> I should think net—I think I can undertake to say that it was less than a fortnight—after the inquest I was examined on behalf of the Crown for the purpose of giving evidence, as I am now doing; it was some time afterwards, I really cannot undertake to say how long—it was after the in quest, and after I mentioned it to Cheshire—I cannot undertake to say how long after, I really cannot recollect within a month; I do not know, and I cannot say—when I was first examined for that purpose, I did not say anything about this purchase of three grains of strychnia—when I was first examined on behalf of the Crown, I mentioned the circumstance of the poisoning of the dog by strych-nia—that was not the first time I had mentioned that conversation, I men
<lb/>tioned it to Mr. Salt—I cannot say at what time, I cannot tell you within a month—I have been examined twice for the purpose of giving my evi
<lb/>dence here; I made a statement to Mr. Gardner—that was not before the inquest, but after it—I cannot say at what time it was, but it was after—I mentioned to him the conversation about the dog, but not about the three grains of strychnia—I did not say anything at the inquest about the con
<lb/>versation with respect to the dog, or with respect to the three grains of strych-nia—I mentioned about the conversation of Cook's suffering from diseased throat syphilis—I did not state that at the inquest, I was not questioned as to the
<hi rend="italic">post mortem</hi> examination at all—I was examined before the Coroner, about Palmer going to Hawkins, and gave evidence of a conversation with Palmer at the door of Mr. Hawkins—I of course heard that he had pur
<lb/>chased, or was alleged to have purchased, strychnine at Mr. Hawkins's shop.</p>
<p>
<hi rend="italic">Q.</hi> You knew that your evidence bore reference to the purchase of strychnine at that shop?
<hi rend="italic">A.</hi> After Roberts gave his evidence, Mr. Gardner sent his clerk to me.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you know that your evidence was connected with the supposed circumstance of strychnine being bought at Hawkins's shop?
<hi rend="italic">A.</hi> Yes, I did.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> You stated, I believe, before the Coroner, that the</p>
<xptr type="pageFacsimile" doc="185605140050"/>
<p>strychnine was purchased on Saturday?
<hi rend="italic">A.</hi> No, I did not—what I stated was taken down in writing, it was read over to me, and I signed it—(
<hi rend="italic">The witness's original deposition, being read, stated, that the strychnine was purchased on Tuesday.</hi>)</p>
<p>
<hi rend="italic">Q.</hi> Now, can you tell me when you first gave evidence, or gave a copy of what you could say, to the Crown, as to the purchase of three grains of strychnine on the Monday?
<hi rend="italic">A.</hi> On Tuesday last.</p>
<p>
<hi rend="italic">Q.</hi> You have told us that Mr. Palmer said, "You will find this fellow suffer
<lb/>ing from diseased throat;" when you gave your evidence to the Coroner, did you say, "You will find this
<hi rend="italic">poor</hi> fellow?"
<hi rend="italic">A.</hi> I do not know whether I said poor or rich—Palmer said, "You will find him suffering from diseased throat"—I know that there is a difference between poor and rich, but I cannot say what I do not recollect, I cannot say now which he said—I was at the
<hi rend="italic">post mortem</hi> examination—I did not point out a chancre to the medical men there—I do not think I pointed out any tiling of disease of the penis; I do not recollect saying so—I did not mention it to Dr. Harland, and I do not think I made any remark about his penis to any of the medi
<lb/>cal men; and I do not recollect any remark being made about it—I saw it—it looked healthy, I did not see a chancre, or the mark of one; I did not examine it—I should think the distance from Dr. Bamford's house to the Talbot Arms is, perhaps, more than 100 yards.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You said that you gave information to the Coroner about this gift of the three grains of strychnine, on Tuesday?
<hi rend="italic">A.</hi> I did—I did not give it before, when Mr. Gardner first examined me, on account of Mr. Palmer not being friends with Mr. Salt, they never spoke to each other, and I thought Mr. Salt would be displeased at my letting him have anything from the surgery—Mr. Salt and Mr. Palmer did not speak to each other; Mr. Thirlby, Mr. Palmer's assistant, lived with Mr. Salt nineteen years and Mr. Palmer left Thirlby a sum of money, he took him in—it was in consequence of Thirlby going to Palmer that this difference took place—Mr. Thirlby docs not speak to Mr. Salt, or Mr. Palmer either; that is through Mr. Palmer taking Thirlby away from Mr. Salt—that was my only reason for keeping it back—I communicated it first to Cheshire, the postmaster—I on Tuesday last, when I first communicated it to the Crown, I did it volun
<lb/>tarily, I thought it my duty to do it—I first mentioned it on Tuesday to Boycott, the clerk to Mr. Gardner—I saw him at the Rugeley station—I was then coming up to London, and was at the station for that purpose—I met all the witnesses there, saw Boycott, went to him, and asked him if I could see Mr. Gardner.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You were coming up to attend the trial?
<hi rend="italic">A.</hi> I was sub
<lb/>pœnaed, and came up by the same train with the other witnesses by the 8.15 train from Rugeley.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Did you tell Boycott what you wanted to see Mr. Gardner for?
<hi rend="italic">A.</hi> I did; and he brought me straight to Mr. Gardner in London, as soon as I arrived—I was then brought to this gentle
<lb/>man, the solicitor to the Treasury—in the meantime I had communicated to Mr. Gardner what I had to say.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">for</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Have not you given another and a different reason; that reason being that you should be indicted for perjury?
<hi rend="italic">A.</hi> Yes; but I did not give it as a reason, I mentioned it to the gentleman sitting there—I stated to him all about a young man from Wolverhampton, whom Mr. George Palmer had transported for perjury, because he could not produce a book when he had sold him prussic acid—that was on the inquisi
<lb/>tion on Walter Palmer.</p>
<xptr type="pageFacsimile" doc="185605140051"/>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> What did you say to the solicitor about the young man from Wolverhampton?
<hi rend="italic">A.</hi> That a young man from Mander and Weaver's, was threatened to be indicted for perjury by George Palmer, the brother of William, because he had sold the prisoner some prussic acid—that young man had said on the inquest on Walter Palmer, that he had sold the prisoner prussic acid, and he did not enter it in the book, and could not prove it, and that George Palmer said that he would transport him—I did not enter these three grains of strychnine in my book.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Did not the inquiry into the circumstances of the death of Walter Palmer take place five or six weeks after the inquest on the body of Cook?
<hi rend="italic">A.</hi> Yes, but that was not my reason for not saying it before.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Was it after the inquest on Walter Palmer that you were first examined on the part of the Crown?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="italic">Adjourned.</hi> </p>
<p>
<hi rend="italic">Friday, May</hi> 16
<hi rend="italic">th</hi>, 1856.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-119" type="witnessName">
<interp inst="t18560514-name-119" type="gender" value="male"/>
<interp inst="t18560514-name-119" type="surname" value="ROBERTS"/>
<interp inst="t18560514-name-119" type="given" value="CHARLES JOSEPH"/>CHARLES JOSEPH ROBERTS</persName> </hi>. In Nov. last I was an apprentice to Mr. Hawkins, a druggist at Rugeley. I know the prisoner, William Palmer—on Tuesday, 20th Nov., he came into Mr. Hawkins's shop—I believe it was between 11 and 12 o'clock in the day—he asked first, for two drachms of prussic acid—he brought a bottle for it—I was putting it up for him when Mr. Newton, the assistant to Mr. Salt, came into the shop—Palmer told him he wanted to speak to him, and they went out of the shop together—I know a person of the name of Brassington, a cooper—after Palmer had gone out of our shop, I saw Brassington, he took Newton away from Palmer—I saw that—he got into conversation with him—you can see from the shop window into the street clearly—when Brassington took Newton away with him in conversation, Palmer came back again into the shop.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What were you doing when Palmer came back?
<hi rend="italic">A.</hi> I was putting up the prussic acid into his bottle.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> You were in the act of putting up the prussic acid; what did he say to you when he came back?
<hi rend="italic">A.</hi> He asked for six grains of strychnia and two drachms of Battley's solution of opium—that is what is commonly called Battley's sedative—the prussic acid remained on the counter while I was putting up the other—I had put up the prussic acid ready for him, and then he asked for the six grains of strychnia and the Battley's sedative, and I placed the prussic acid on the counter—I was behind the counter pre
<lb/>paring these things—while I was behind the counter preparing these things for the prisoner, he was standing at the shop door—he ordered the things at the counter—it was while I was preparing?
<hi rend="italic">A.</hi> he moved from the counter to the street door—I do not know which way he was looking while he was standing at the street door—he was looking into the street, with his back to me, standing in the doorway—I took about five minutes in the prepara
<lb/>tion of these things for him before I delivered?
<hi rend="italic">A.</hi> to him—he remained standing at the door until I was ready to give him the things—I then deli
<lb/>vered the things to him, the prussic acid in the bottle which he had brought and the strychnia delivered in a paper.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> The quantity he had ordered?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Six grains and the Battley's solution of opium, the seda
<lb/>tive?
<hi rend="italic">A.</hi> Yes, in a phial—he took?
<hi rend="italic">A.</hi> away—he paid for them—from the time Mr. Palmer returned to the shop after he left Mr. Newton, until</p>
<xptr type="pageFacsimile" doc="185605140052"/>
<p>the time 1 delivered him these things, there was no other person in the shop—after the prisoner had left with these things, Mr. Newton came into the shop—I had some conversation with him—he made some remark to me—I had been six years, previously to that Nov., in Mr. Hawkins's employment—it was about two years before this since the prisoner had ever bought any drugs at our shop—I know Mr. Thirlby, he had been assistant to Mr. Palmer, and had opened a chemist's shop about two years before, and since that date, I had never sold him any drugs until this Tuesday to my knowledge.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Thirlby was still carrying on the business at that time?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Besides having a chemist's shop, is Thirlby practising as an apothecary, or dispensing medicines?
<hi rend="italic">A.</hi> Yes, I believe he is, in Palmer's name.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> I presume you made an entry of the sale to Mr. Palmer in your book?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Do you make entries where you take ready money across the counter?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you make an entry of this prussic acid or sedative?
<hi rend="italic">A.</hi> No—I did not make an entry of any of these things.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-120" type="witnessName">
<interp inst="t18560514-name-120" type="gender" value="male"/>
<interp inst="t18560514-name-120" type="surname" value="STEVENS"/>
<interp inst="t18560514-name-120" type="given" value="WILLIAM VERNON"/>WILLIAM VERNON STEVENS</persName> </hi>. I am in no business now; I have retired from business—I was the step-father of the deceased Mr. John Parsons Cook—I married his father's widow eighteen years ago—I have known the young man intimately ever since that.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he brought up in your family?
<hi rend="italic">A.</hi> No, he did not reside very generally with me—his mother died soon after our marriage, and some years after I was made the executor under his paternal grandfather's will.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Were you on friendly terms with him?
<hi rend="italic">A.</hi> Always, most intimate.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had you the care of him?
<hi rend="italic">A.</hi> I had the care constantly of him.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> I believe he became entitled to a sum of money?
<hi rend="italic">A.</hi> To some property—I should think altogether he has had about 12,000
<hi rend="italic">l</hi>.—I am hardly prepared to say the exact amount he had, but about 12,000
<hi rend="italic">l</hi>.—he was articled to a solicitor at Worthing, in Sussex—he did not follow up that profession—he betook himself to the turf, to racing pursuits recently—I have known so little about these matters, and have always set my face against them so much, that I can hardly say at what period that was; I think about three or four years: his earliest betting book that I find is in 1853 I think, perhaps in 1852; the dates are not very distinct—I did everything in my power to withdraw him from that pursuit—the last time, prior to his death, that I saw him, was at 2 o'clock on the afternoon of 5th Nov.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You continued on friendly terms with him?
<hi rend="italic">A.</hi> Yes, most affectionate terms.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Where was it that you last saw him?
<hi rend="italic">A.</hi> At the station at Euston-square—I have some recollection that he then told me he was going to Rugeley; I am not quite sure.</p>
<p>
<hi rend="italic">Q.</hi> In what state of health was he at that time?
<hi rend="italic">A.</hi> He looked better than I had seen him for a very long time—I was so gratified that I said, "My boy, you look very well; you do not look anything of an invalid now"—he said nothing to induce me to think he felt otherwise—he struck him
<lb/>self firmly on the chest, and said, "Oh, I am all right!"—he merely said he was quite well, quite right—I think he added, that if he was quite happy</p>
<xptr type="pageFacsimile" doc="185605140053"/>
<p>he should be all right—in point of appearance he was not a robust man; he was very pale in complexion.</p>
<p>
<hi rend="italic">Q.</hi> Had there been to your knowledge anything the matter with him recently before that time?
<hi rend="italic">A.</hi> For some months in the previous winter he had a sore throat, some months before—he was staying with me then—I did not see him again until after his death, when he was a corpse—I first heard of his death on Wednesday evening, 21st Nov.—Mr. Jones, the surgeon, of Lutterworth, gave me the information—he came to my house to inform me—that was on the Wednesday—on the next day, Thursday, I went down with Mr. Jones to Lutterworth—that was to search for his will and any papers he had left—we found a will—the next morning we went to Rugeley—we got there between 12 and 1 o'clock, I think—as soon as I arrived at the inn I asked to see the body—I was then accompanied by Palmer—I met Palmer in the passage of the Talbot Arms—I believe I had once seen him before; I did not know him—Mr. Jones introduced me to him in the inn passage—he followed us up stairs to see the body—Palmer removed the sheet from the body to rather below the waist; I think the thighs were partially uncovered.</p>
<p>
<hi rend="italic">Q.</hi> Was there anything about the appearance of the countenance that struck you?
<hi rend="italic">A.</hi> Yes, I was very much struck by the appearance of the countenance—the first thing I noticed was a tightness of the muscles across the face—it was that tightness of the muscles across the face; that princi
<lb/>pally struck me—there did not appear to me to be any emaciation from disease—after I had looked at the countenance of the deceased we all went down stairs—Mr. Jones was present when I saw the corpse.</p>
<p>
<hi rend="italic">Q.</hi> Did you make any inquiry of Palmer on the subject of Cook's affairs?
<hi rend="italic">A.</hi> After some time—we were in one of the sitting rooms in the inn—I said, "I hear from Mr. Jones, Mr. Palmer, that you know something of my son's affairs, can you tell me anything about them?" he replied, "Yes, there are 4,000
<hi rend="italic">l</hi>. worth of bills out of his, and I am sorry to say my name is to them but I have got a paper drawn up by a lawyer, signed by Mr. Cook, to show that I have never had any benefit from them," or "never had the money," I forget the precise expression—I expressed great surprise, and said, "I fear there will not be four thousand shillings to pay them;" but I said, "Has he no horses, or no property? do you know of nothing?" he said, "Yes, he has horses, but they are mortgaged"—I said, "Has he no sporting debts owing to him, nothing of that sort?" I am stating the words as nearly as I can; he mentioned one debt of 300
<hi rend="italic">l</hi>. that was owing to him.</p>
<p>
<hi rend="italic">Q.</hi> Do you remember the name of the person from whom it was owing?
<hi rend="italic">A.</hi> Is it material that I should state the name? it would give great pain elsewhere; the man is dying at the present moment; I do not think it is material—it has not been received since—it has had nothing to do with the prisoner, or any party connected with him—it was not a sporting debt, it has nothing whatever to do with it—it was a personal debt from a relative of his for 300
<hi rend="italic">l</hi>.—he did not mention any other debt due to him—he said he did not know of any other—I said, I thought his sporting creditors would have to take his sporting debts and make the best of them, for I should pay nothing—I then turned round, and said, "Well, whether he has left anything or not, poor fellow, he must be buried"—Palmer imme
<lb/>diately said, "Oh, I will bury him myself, if that is all"—I said, "Oh, cer
<lb/>tainly I cannot think of your doing that, I shall do it"—Cook's brother-in-law was present, the husband of his sister, he had come there to meet me; he</p>
<xptr type="pageFacsimile" doc="185605140054"/>
<p>immediately expressed a great wish to be allowed to bury him; I said, "No, no, that is my business; as his executor I shall take care of that"—he had appointed me his executor under his will—I said, "I cannot have the funeral immediately, because I intend to bury him in London, in his mother's grave; I am very sorry for the inconvenience to the people here at the inn, but I will get it done as soon as possible"—Palmer said, "Oh, that is of no con
<lb/>sequence, but the body ought to be fastened up at once"—he repeated that in other words; he said, "So long as the body is fastened up, a few days' delay is of no consequence, or a day or two"—that terminated the conver
<lb/>sation on that subject for the time—while I was talking to the deceased's brother-in-law, Palmer and Mr. Jones left the room—they returned in about half an hour—on their return I expressed a desire to know from Palmer the name of some respectable undertaker in Rugeley, that I might call in, that I might at once order a coffin, and give directions for the funeral—Palmer said, "Oh, I have been and done that, I have ordered a shell and a strong oak coffin—he did not say to whom he had been—I then expressed my surprise—I said, I think, "I did not give you any authority;" those were the words, some expression of that sort, I expressed my surprise in terms of that kind—I said, "But I must see the undertaker, to give him instructions about the funeral"—I think he told me the name of the undertaker, I am not quite sure—I then ordered dinner for myself and Mr. Bradford, my son-in-law, and Mr. Jones, and I asked Palmer to come and partake of it—we all dined together at the inn—I was going back to London by the quarter past 4 o'clock train—we dined about 3 o'clock—after dinner, before I went away, I desired Mr. Jones to be so good as to go up stairs and get me his betting book or pocket book, or any books or papers that might be there.</p>
<p>
<hi rend="italic">Q.</hi> Did you know, of your own knowledge, from him that he was in the habit of carrying a betting book?
<hi rend="italic">A.</hi> I had seen him with a betting book—I do not recollect the sort of book that particular book was; I have seen his other betting books—as one betting book was filled up, he would take ano
<lb/>ther—those I have seen were clasp books, opening longways—upon this request Mr. Jones left the room—Palmer followed him—they returned in, I should think, nearly ten minutes, certainly more than five minutes—Mr. Jones came into the room, and said he was very sorry to say that he could not find any betting book—Palmer was present, he followed him in—Mr. Jones said he could not find any betting book, and I think he added, or papers—I had desired him to search for papers—I said, "No betting book, Mr. Jones!" and turning towards Palmer, I said, "How is this?"—Palmer said, "Oh, it is no manner of use if you find it,"or very nearly those words—I said, "No use, sir! I am the best judge of that"—he again said, "It is of no manner of use"—I said, "I am the best judge of that; I am told it is of use; I understand my son won a great deal of money at Shrewsbury," I am giving the words as nearly as I can, "and I ought to know something about it"—Palmer said, "It is no use, I assure you; when a man dies his bets are done with;" I think those were the words; "besides," he said, "Cook received the greater part of his money on the course at Shrewsbury"—I said, "Very well, sir, the book must be found; it ought to be found, and must be found;" Palmer then, in a much quieter tone, said, "Oh, it will be found, no doubt"—I again said, "Sir, it shall be found"—I then went to the door of the sitting room, and, calling to the housekeeper from the bar, I desired that everything in the deceased's room might be locked up, that nothing might be touched until I returned, or sent some one with authority to take</p>
<xptr type="pageFacsimile" doc="185605140055"/>
<p>possession—after that, and prior to leaving, I went up stairs to take a last look at the body—I saw some servants in the room turning over the bed clothes of one of the empty beds—I do not know what for—the undertaker was there—I did not notice any one else—I had before that had commu
<lb/>nication with the undertaker, before I went to dinner—I had given him instructions for sending the body to London—I had given him instruc
<lb/>tions to place the body in the coffin—when I went into the room the undertaker was standing by the side of the shell—the body had been just placed in the shell—I had given directions for that—I had given general directions—I went to the side of the shell—the body was uncovered—I knelt down by the side of the shell; and, taking the right hand of the corpse, I found it fastened in this way (
<hi rend="italic">clenched</hi>)—I then looked across the body, and I saw that the left hand was clenched in the same manner—I observed nothing else—I returned immediately to town, and the next morn
<lb/>ing communicated with my London solicitors—I communicated first with the uncle of the deceased, and then with my solicitors—they gave me a letter to Mr. Gardner, of Rugeley—I returned to Rugeley at 2 o'clock on the next day, Saturday—I left London by the 2 o'clock train, and got to Rugeley about 8 o'clock in the evening—on my arrival at the platform at Euston-square I saw Palmer, as I was leaving London—he said that he had received a telegraphic message after I had left Rugeley the night before, which had brought him to London—I think I asked him where Mr. Cook's horses were kept; he told me at Hednesford—I think he said he would drive me out there if I wished it—when I got to Wolverton I saw him again in the refreshment room—the train stops there for a few minutes—I said, "Mr. Palmer, this is a very melancholy thing, the death of my poor son happening so suddenly, and I think for the sake of his brother and sister, who are sometimes delicate in health, it would be desirable to know what his complaints were"—I meant his half-brother and his own sister; I think I said, "It might be desirable that their medical friends should know something of his complaints, and therefore I think I should like his body opened"—to that Palmer replied, "Oh, that can be done very well;" or, "That can be easily done;" or something of that sort—I think nothing more passed then, or very little more, nothing of importance; the bell rang and we went to our seats—he had not travelled with me in the same carriage, he had been in another carriage—he continued in the same Carriage which he had been in before, till we reached Rugby—I then saw him again in the refreshment room—he came to my side, indeed, as I was standing by the fire—I am not quite sure whether it was at that time or upon my arrival at Rugeley that I said to him, "Mr. Palmer, I am living at a distance, and the horses are said to be valuable, I had better ask some solicitor at Rugeley to look after my interests"—he said, "Oh, yes, you can do that; do you know any solicitor at Rugeley?"—I said, "No, I do not"—I believe the bell then ring again, and I ran off to get some refreshment, or for some purpose, and when I came back to my carriage I found Palmer sitting in my carriage; nothing further passed till we reached Rugeley; I had no conversation with him—there was a gentleman and lady in the carriage, with whom I had been conversing all the way from town, and I continued my conversation with them—I arrived at Rugeley between 7 and 8 o'clock; about 8 I think—when we reached Rugeley, Palmer said, "You were talking about a solicitor; do you know any solicitor in Ruge
<lb/>ley?"—I think at that time we had reached the omnibus; I am not quite clear whether this took place on the platform or in the omnibus; we were but a few minutes in the station—I said, "No, I do not; for you know I</p>
<xptr type="pageFacsimile" doc="185605140056"/>
<p>am a perfect stranger here"—he then said, "Oh! I know them all inti-mately; I can introduce you to one"—he said, "When I get home I must take a cup of coffee, and as soon as I have had that I will come over and tell you all about them"—I thanked him, as I had done once or twice before, and said I would not trouble him—he then repeated his offer, that he only wanted a cup of coffee, and he would come to me immediately; but he added, "You will not find any solicitor to
<lb/>night"—I said, "Why not?"—he said, "It is late; besides, some of them live out of town"—I "Well," I said, "I never found any difficulty in finding a solicitor when I wanted one at any reasonable hour"—I think it was immediately after that, that changing the tone of my voice and my manner, I said, "Mr. Palmer, if I should call in a solicitor to give me advice, I suppose you will have no objection to answer him any questions he may choose to put to you"—I I altered my tone purposely—I had purposely mentioned the
<hi rend="italic">post mortem.</hi> </p>
<p>
<hi rend="italic">Q.</hi> Did the alteration of your tone and manner appear to you to produce any impression upon him?
<hi rend="italic">A.</hi> I looked steadily at him, the moon was shining, I cannot say that I could see his face distinctly, but he said, with a spasmodic affection of the throat, which was perfectly evident to me, "Oh, no, certainly not"—I had purposely mentioned my desire to have the body opened—I when we were talking on the subject of the solicitor, something was said about taking a solicitor to Hednesford—I ought to say, that when I men
<lb/>tioned the
<hi rend="italic">post mortem</hi> there was not the slightest change in Mr. Palmer's manner; he was perfectly calm and collected, and as usual—after this con
<lb/>versation there was a pause for three or four minutes—he then again pro
<lb/>posed to come over to me after he had had his coffee, to tell me about the solicitors, and I again begged that he would not trouble himself—in the course of the evening he came over to see me—that was after he had been home, and after I had been some time absent from the inn, seeking for Mr. Gardner—I went to Mr. Gardner's house that night, but did not find him at home—Palmer said, "It is a very unpleasant affair for me about these bills"—I said, "I think it right I should tell you, Mr. Palmer, that since I saw you I have heard rather a different account of Mr. Cook's affairs"—he said, "Oh! indeed; well, I hope it will be settled pleasantly, at all events;" or, "at any rate"—I said, "It will only be settled, sir, in the Court of Chancery;" or, "His affairs can only be settled there"—I do not recollect the precise words—I think he said again, "Oh, indeed!" in a lower tone—I think he then, after a short pause, asked me what friends Mr. Cook had to visit in the neighbourhood of London; this conversation, I think, passed at that time; what friends he had to visit in the neighbourhood of London, or what friends he visited—I said, "Several"—"Oh, but I mean," he said, "who does he stay with when he goes there?"—from the questions he put to me, he wished to know who had told me—I am not quite sure whether that same evening he did not speak about going to Hednesford—the next day, Sunday, I saw him again in the evening—I think between 5 and 6 o'clock, about 6—he came into the coffee room; my dinner was preparing, and was writing a letter—nobody was present—I am not sure whether it was on that night or the night before that he spoke about my going to Hednes
<lb/>ford—this was what was said upon the subject, we were talking of going to Hednesford, Saunders, the trainer, lived there—and he said, "If I were you, I would not take a solicitor with me there"—I said, "Why not, Mr. Palmer?"—he said, "I should recommend you not;" or, "advise you not," I do not know which—I said, "Sir, I shall use my own judgment about that"—he said, "Oh, of course you will"—I said, "Of course I shall"—on the Sunday we had had some conversation on the subject of the
<hi rend="italic">post mortem</hi> exami
<lb/>nation;</p>
<xptr type="pageFacsimile" doc="185605140057"/>
<p>not at this same interview—I am not sure whether it was not after the evening service—I think it was later in the evening, I am not quite sore; I know it was Sunday evening—he came into the room; I was sitting writing, and he approached me with a piece of paper in his hand as if he would give it me—I did not take it from him, I did not take any notice of him, I went on with my writing, and said, "Pray, Mr. Palmer, who is Mr. Smith of this place?"—I did not mention the Christian name—he said, "Smith, Smith, Smith," two or three times in that way, as if he did not know such a person—I said, "A Mr. Smith who sat up with my son one night, who slept in the room or sat up with my son"—he said, "Oh! he is a soli
<lb/>citor in this town"—I said, "I ask you the question, sir, because as the betting book is missing, I should wish to know who was with the young man"—I first said, "Is he a solicitor in practice here?" and he said, "Yes"—after a short pause, I said, "Pray, Mr. Palmer, did you attend my poor son in a medical capacity?"—he said, "Oh, dear, no?"—I said, "I ask you that question because I am determined to have his body examined, and if you had attended him medically I suppose the gentlemen I shall call in would think it proper that you should be present"—I think the next thing he said was, "Can you tell me who is to perform the examination?" or words to that effect—I said, "I cannot, I shall not know myself until the morning; but I think it right to tell you of it; I shall have it done for my satisfaction, and whether you are present or not is a matter of indifference to me, if the gentlemen employed think it right you should attend"—"So it is to me," he said—he again asked who the medical gentlemen were to be who were to perform the
<hi rend="italic">post mortem</hi> examination; and I said, "I do not know, I can
<lb/>not tell myself."</p>
<p>
<hi rend="italic">Q.</hi> On the Friday, when you twice saw the body, when you say Mr. Palmer, without your authority, gave the orders for the shell and coffin, did you perceive any manifestation of decomposition in the body, or anything which called for its being speedily put into a shell?
<hi rend="italic">A.</hi> On the contrary, the body did not quite look to me like a dead body; I was surprised at the appearance of it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You were on affectionate terms, you say, with your step-son?
<hi rend="italic">A.</hi> Yes—the last time that he staid at my house for a length of time was about a month, in Jan. and Feb. last year—he then stayed about a month—he had then a slight sore throat—do not remember that it was continuously sore; it did not attract my notice every day—he did not complain of it from time to time during the whole of his visit—it did not make it difficult for him to swallow occa
<lb/>sionally, not in the least; there was nothing in it that attracted my notice—I never noticed any ulcers about his face at that time—I saw him three or four times in the course of the summer, and I think twice or thrice in the month of Oct.—he did not appear to me on those occasions to be at all more delicate than usual, he always looked pale—on the occasion that I saw him previously to that 5th Nov., he had not looked like an invalid—he had complained of being an invalid in the previous winter, and he said, if he was not better the next winter, his medical friend had told him he had better go to a warmer climate; it was that occasioned me to say, "You do not look like an invalid"—his brother and sister were rather delicate than otherwise, not very strong; his brother was more delicate in appearance than in reality—his father died, I think, at the age of thirty or thirty-one—he ruptured a blood vessel—Cook never referred to me on the occasion of a wish to insure his life—I do not know that he ever proposed to insure his life—I never heard of it—I do not know Dr. Todd—when the betting book was</p>
<xptr type="pageFacsimile" doc="185605140058"/>
<p>lost, I was very much dissatisfied about it—I did not complain to the people in the house—I went to the door of the sitting room, at right angles with the door of the bar, and called to the housekeeper—I did not inquire of her, I desired that everything belonging to him might be locked up—I did not go to Mr. Gardner as soon as I got to Rugeley; that was when I returned to Rugeley—I went that evening to seek for Mr. Gardner—he was not at home—I saw Mr. Gardner on the following morning, the Sunday morning.</p>
<p>
<hi rend="italic">Q.</hi> Have you ever been in communication with a person of the name of Field?
<hi rend="italic">A.</hi> Once—he is a police officer—I should think that was about a fortnight or three weeks after my son was buried—Field called on me, what for I do not know—I do not know what he wanted—I never applied to Field.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was the name of the gentleman who went down with you, that married the sister of Cook?
<hi rend="italic">A.</hi> Bradford—it was Bradford that dined with me—I called on Mr. Bamford—I have not mentioned him, I was not asked any question—Mr. Jones told me, without mentioning his name, in London, that a medical gentleman had been called in—I called upon him to thank him for his kindness, and to ask what I was indebted to him—Mr. Bamford did not dine with me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-121" type="witnessName">
<interp inst="t18560514-name-121" type="gender" value="female"/>
<interp inst="t18560514-name-121" type="surname" value="KEELING"/>
<interp inst="t18560514-name-121" type="given" value="MARY"/>MARY KEELING</persName> </hi>. I am a widow, living at Rugeley. I was fetched on Wednesday morning, 21st Nov., to lay out Mr. Cook's body—Mrs. Stringall went with me—we got to the Talbot Arms about I o'clock in the morning, and found the body still warm, but the hands and arms were cold—it was lying on the back, straight down the bed—the arms were straight across his chest—I observed nothing very particular about the body—his head lay a little on one side, and his right foot was turned on one side—the body was very stiff indeed—I have laid out many corpses, and have never seen one so stiff before—we had a difficulty in straightening the arms—he could not keep his arras straight down to his body—I
<hi rend="italic">drawed</hi> a piece of tape under his back, and tied it round both his wrists—bis right foot turned on the outside—we were obliged to take a piece of tape and tie both feet together—the eyes were open—we were a considerable time before we could close them, as his eyelids were very stiff—the hands were very stiff and were closed—Mr. Palmer came up stairs—he lighted me while I took two rings off Mr. Cook's fingers—they were on the fingers of one hand—I had a difficulty in getting the hand open to get the rings off, the fingers were so very stiff—I got them off, and the hand then closed again—I did not, while there, see a book like a betting book or a small pocket book, or any book at all.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Is it not a usual thing to use tape to put bodies straight after death?
<hi rend="italic">A.</hi> Not to tie the arms together—I never use tape at all—I have used it in tying the ankles together, to keep them together, but not the body, and I have used it for the toes on other occa
<lb/>sions—I have never seen it used for the arms when they are not in a proper position, or when they have not been laid out early after death—I have not seen it used for the arms—it is usual for whoever is present to lay the arms by the side immediately a person dies—if the body gets stiff, the arms remain in the position in which they were laid down at the time of the death—there is great difficulty frequently in closing the eyes, but there is not a difficulty in keeping them closed, if closed as soon as they are gone—it is a common thing to put penny pieces on the eyes after death to keep them closed—that is because, if not so kept down, the eyelids would draw back, and would be difficult again to close—the jaw is also tied shortly after death.</p>
<xptr type="pageFacsimile" doc="185605140059"/>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> How many dead bodies have you laid out in your time?
<hi rend="italic">A.</hi> I cannot exactly recollect, but many children in my time, and a great many of all ages—I never knew of the arms being tied before—it is usual to lay them straight by the side of the body immediately after death—by immediately, I mean in a few minutes after they are gone—it was half past 12 o'clock when they called me up, and it was half past 1 o'clock when I went up stairs—when I hare had occasion to tie the ankles, it is because sometimes the feet are apt to give way outside—I have had to tie the feet about half an hour after death when the corpse is laid out—it was in consequence of the eyelids being so stiff that we could not close the eyes—I have not known that to be the case with other corpses—when I have had occasion to place penny pieces on the eyelids, in order to keep them down, the eyelids have been stiff—I have myself put penny pieces on, I cannot say exactly when; several years ago—in that case the lids were not quite so stiff as these.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-122" type="witnessName">
<interp inst="t18560514-name-122" type="gender" value="male"/>
<interp inst="t18560514-name-122" type="surname" value="HARLAND"/>
<interp inst="t18560514-name-122" type="given" value="JOHN THOMAS"/>DR. JOHN THOMAS HARLAND</persName> </hi>. I am a physician, residing at Stafford. On 26th Nov. I went from Stafford to Rugeley, to make a
<hi rend="italic">post mortem</hi> examination of Mr. Cook—I arrived about 10 o'clock in the morning, and called at the house of Mr. Bamford, a medical practitioner there—as I went there, Palmer came from the back of his own house, and joined me in the street—I had frequently seen him, and I had spoken to him before—on his joining me, he said, "I am glad that you are come to make a
<hi rend="italic">post mortem</hi> examination; some one might have been sent that I did not know, and I know you"—I said, "What is this case? I hear there is a suspicion of poisoning"—he said, "Oh, no, I think not; he had an epileptic fit on Monday and Tuesday night, and you will find old disease in the heart and in the head"—we then went together into Mr. Bamford's house—I had been requested to go from Stafford to be present at the
<hi rend="italic">post mortem</hi>, and I had brought no instruments with me—Palmer said that he had instruments, and offered to lend them to me—he also said that there was a very queer old man, who seemed to suspect him, of something, and that he did not know what he would he at, or what he wanted—he also said, "He seems to suspect that I have got the betting, book, but Cook had no betting book that would be of use to any one"—Mr. Bamford and I then went to Mr. Frere's—we walked together—Mr. Frere is a surgeon, in Rugeley—Mr. Frere told me something there, but Palmer was not present—from there we proceeded to the Talbot Arms, and the
<hi rend="italic">post mortem</hi> examination was proceeded with—Mr. Devonshire operated, and Mr. Newton assisted him—Mr. Bamford, Mr. Palmer, and several other persons, were in the room—I stood near Mr. Devonshire, who operated, to observe what was going on—the body was very stiff, much more than dead bodies are five or six days after death—the muscles were very highly deve
<lb/>loped; by which I mean, strongly contracted, and thrown out—I supposed that there had been strong spasmodic action in the body before death—I examined the hands—they were firmly clenched—the abdominal viscera were first examined.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is there any report of any medical man who assisted in the examination?
<hi rend="italic">A.</hi> Yes, I made a written report—I have not got it with me; I have sent it to Mr. Stevens.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> Are these (
<hi rend="italic">produced</hi>) the notes you made at the time?
<hi rend="italic">A.</hi> Yes, I swear that it is a true account of what I saw—(
<hi rend="italic">Beading: "Post mortem</hi> examination of John Parsons Cook, Esq., Rugeley, Nov. 26th, 1855.—The body is moderately muscular; the back and most depending parts of the body are discoloured from blood having gravitated there. Pupils of the eyes neither contracted nor dilated. No serum in the peritoneal cavity; the</p>
<xptr type="pageFacsimile" doc="185605140060"/>
<p>peritoneum slightly injected; no adhesions—stomach as now exposed is rather distended, and the course of some of its vessels is seen beneath the peritoneal coat. The stomach, on being removed, contained some ounces of a brown fluid—the large curvature resting on the spleen was of dark colour. The internal mucous membrane of the stomach was without ulceration or excoriation. On the inferior surface of the cardiac extremity were minute yellowish-white specks, of the size of mustard seeds. The small intestines contained some bilious fluid in the duodenum; they were altogether small and contracted, but presented no other remarkable appearance. The large intestines contained some fluid feculent matter. The spleen and pancreas seemed to be healthy. The right kidney was rather large, soft, and its whole texture full of blood; there were no granulations, nor coagulable lymph. The left kidney was of less size, but its appearance was the same as the right, in less degree. Between the base of the tongue and epiglottis were numerous enlarged follicles like warts. The œsophagus and epiglottis were natural. The larynx was stained with dark blood, which had pene
<lb/>trated through all its tissues. The lungs contained much fluid blood in their posterior parts, which would be accounted for by gravitation. The lungs everywhere contained air. The pleura were healthy, the heart was of natural size, and in every part healthy. In the aorta, immediately behind the valves, were some yellow-greyish-white patches like soft cartilage. The heart presented no remarkable appearance. The skull was of natu
<lb/>ral thickness. The dura mater had its arteries injected with blood. There was no excess of serum, nor adhesions. The pia mater and arach-noid, as well as the brain, appeared altogether healthy; all the blood was fluid and uncoagulated. Signed, J. T. Harland, M. D.")—That is the whole of the report—the abdominal viscera were the first parts that were examined—I found them in a perfectly healthy state—they were taken out of the body—we examined the liver, that was healthy—the lungs were healthy, there was much blood in them, there was slight emphysema—I do not think there was more blood than could be accounted for by gravitation—I noticed some appearances at the end of the stomach—I also examined the head; the brain was quite healthy, there was no extravasation of blood on the brain, and no serum—there was nothing in the appearance of the brain which, in my judgment, would cause pressure—the heart was con
<lb/>tracted, and contained no blood; that did not appear to be the result of disease, but of action; I should attribute it to spasmodic action—the stomach was taken out, and at the lower end of it there were numerous small yellow-ish white specks about the size of mustard seeds—those appearances, in my judgment, would not at all account for death—I do not know whether they would have any effect upon the health—I think they may have been mucous follicles, nothing more—I am doubtful whether they would damage the health at all—I examined the kidneys—they were full of blood, which had gravitated there since death; there was no appearance of disease—the blood was in a fluid state; that is not usual; we find it so in some cases of sudden death, but such cases are rare—to find the blood in a fluid state is a rare occurrence, even in cases of sudden death—I did not observe about the whole body any disease or appearance of disease which could account for death—I discovered no appearance of organic disease—the lower part of the spinal cord was not minutely examined on that occasion—I examined the upper part, it presented a perfectly natural appearance—on a subsequent day it was thought right to exhume the body, in order to examine the spinal cord—that was done on, I think, 25th Jan.—Dr. Monckton made a report in writing of that second examination, it was made jointly—the</p>
<xptr type="pageFacsimile" doc="185605140061"/>
<p>whole of the spinal cord was then minutely examined—this (
<hi rend="italic">produced</hi>) is the report—it is a true statement of what I observed—(
<hi rend="italic">Reading</hi>: "Report of an examination of the spinal cord of the exhumed body of John Parsons Cook, Esq., on Friday, Jan. 25th, 1856. We, the undersigned, were shown the corpse which, to the certain knowledge of one of us, namely, Mr. Bam
<lb/>ford, was that of the late John Parsons Cook, Esq., who died at Rugeley, Staffordshire, Nov. 20th, 1855, and were requested by the officers of the Crown to institute an examination into the condition of the spinal cord. The body was enclosed in both a shell and a coffin, and was found lying on its back The cranium, thorax, and abdomen had been opened at a previous examina
<lb/>tion, and decomposition had proceeded rapidly in these parts in consequence of the admission of air. There was much rigidity of some of the muscles of the body, considerable force being required to flex the legs or to alter the position of the different limbs. The thumbs and fingers were partially but firmly flexed; the toes as firmly extended, and the inner edge of each foot drawn up by the
<hi rend="italic">tibiales antici et postici</hi>, as in talipes," (that is a species of club foot,) "the postici slightly predominating, so as to point the toes downwards. The muscles of the neck and trunk were relaxed. We observed much lividity of the integuments of the dorsal surface of the body, putrefaction having softened and discoloured them. A longitudinal incision having been made along the course of, and down to, the spines of the vertebra, from occiput to sacrum, the muscles were reflected on either side from off the vertebral laminæ, these muscles presenting no other evidence of putrefaction than some softening but slight sero-sangui
<lb/>neous infiltration. Sawing through the laminá, we removed the spinet of the vertebras, and so opened the spinal canal in its whole length. These portions of the posterior wall of the canal were successively and minutely examined, but no roughness, spicula, or other irregularity could be discovered The medulla spinalis now lay beneath our view, enclosed in its fibrous sheath, and surrounded on all sides by loose areolar tissue and fat, traversed in all directions by veins. This areolar tissue had not the colour ordinarily possessed by it in the recent state, but was of a livid hue, or of deep prune juice colour. This was, doubtless, owing to its being saturated, as a sponge would be, with the sanguineo-serous fluid which occupied the canal to a considerable extent, having gravitated to this dependent part of the body subsequent to its death. The chest having been raised on a large block, so as to give a proper curve to the dorsal portion of the spine, this fluid had mainly gravitated to the lumbar region; but the areolar tissue, lining the walls of the vertebral canal, was throughout its whole length infiltrated, saturated, and stained with this bloody serum. We now divided the dura mater, or medullary sheath, longitudinally, in its whole length, reflecting it off the cord on either side, a very small quantity of sanguinolent serum had gravitated within the sheath to the lumbar region, where it was lying staining the canal equina. The arachnoid was glistening and perfectly transparent The medulla oblongata had been separated from the medulla spinalis on a level with the atlas, and the medulla spinalis, as it lay in
<hi rend="italic">situ</hi>, presented a most healthy appearance, smooth, glistening, and of a greyish-white colour; presenting, in fact, no departure from its usual normal character and condition. The post roots of the spinal nerves were regular in their origin and course, and when traced to their points of emergence from the canal exhibit no abnormal appearance whatsoever; they had a some
<lb/>what darker grey colour than had the cord itself. The cord was next raised from its sheath, and its nerves being one by one divided, it was removed</p>
<xptr type="pageFacsimile" doc="185605140062"/>
<p>from the canal, its anterior surface and the anterior roots of the spinal nerves being now scrutinized, they appeared in every way as healthy and free from disease as did the posterior. Stains or discolorations of the cords or nerves were readily removed by the effusion of water. There was no appearance of fulness of the veins of the spinal cord, or its members; the upper part of the cord, being more exposed by the previous opening of the skull, was softened by decomposition, but, upon examination, neither it nor any other part of the spinal cord showed any signs of disease. The proper envelope of the cord contained the nervous matter in a pulpy state, being softened by decomposition. After the removal of the cord, its fibrous sheath and osseous canal were carefully examined by the eye and finger cast along its whole length, and this proved the absence of all unnatural appearance or condition, roughness, irregularity, fracture, dislocation, exostosis, or spicula of bone, except at a point opposite the third and fourth cervical vertebrá where both the eye and the finger detected a slightly granular roughness of the arachnoid surface of the dura mater. Upon closer examination this slight roughness was found to depend upon the presence beneath the arach-noid of some twenty or thirty minute irregularly shaped granules, of some hard material barely raising the surface in a perceptible degree, they were found scattered over a space of less than an inch square. No more could be found elsewhere, each granule was gritty and hard under the point of the scalpel, and under the microscope had an appearance rather of calcareous than of osseous matter. The dura mater of the brain was next carefully examined, but nothing abnormal was found; no spiculae nor granules such as described above were detected. We believe that these granules could have no connection whatsoever with the death of deceased. Deduction: The only conclusion, therefore, at which we could arrive after this examination was a negative one. That there was nothing in the condition of the spinal cord or its en velopes to account for death; nothing but the most normal and healthy state, allowance being made for the lapse of time since the death of deceased. J. T. Harland, M. D., William Bam ford, apothecary, D. Henry Monckton, M. D.")—I am still of opinion that there was nothing in the appearances I have just described to account for the death of the deceased—there was nothing of an unusual kind that could not be referred to changes that took place after death—when the stomach and intestines at the first examination were removed from the body, they were separately emptied into a jar—Mr. Devonshire and Mr. Newton were the only two who operated—the prisoner at that particular period was standing at the right of Mr. Newton, and I observed that while Mr. Devonshire was open
<lb/>ing the stomach, a push was given by Palmer which pushed Mr. Newton on to Mr. Devonshire, and which shook a portion of the contents of the stomach into the body, upon which I said, "Do not do that"—I thought a joke was passing among them, and I said, "Do not do that," to the whole of them—nothing was said on that observation of mine by either of them.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see who gave the push?
<hi rend="italic">A.</hi> Palmer was close to him—there was no one outside Palmer to impel him—Mr. Newton and Mr. Devonshire were pushed together, and Palmer was over them at the same time and was smiling.</p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>.
<hi rend="italic">Q.</hi> After this interruption did the opening of the stomach proceed?
<hi rend="italic">A.</hi> Yes; it contained two or three ounces of brownish liquid—there was nothing particular in that—Palmer himself stated, in the hearing of the persons there, that there was nothing particular found in it—he was looking on, and said to Mr. Bamford, "They will not hang us yet"—I</p>
<xptr type="pageFacsimile" doc="185605140063"/>
<p>first heard that said in aloud whisper—that was not after anybody had said anything, it was his mere observation upon it—the stomach was emptied into the jar, and the stomach was put into the jar also, with the brownish liquid found in it—the intestines were then examined; nothing particular was found in them, they were contracted, and were very small—the viscera were placed in the jar with their contents as they were taken from the body—the jar was then tied over with two bladders, and sealed—I tied them, and sealed them, and after I had done so, placed the jar on the table by the body—Palmer was at that time moving about the room—in a I few minutes I missed the jar from where I had placed it—during that time my attention had been called to the examination—I called out, "Where is the jar?" and Palmer, from the other end of the room said, "It is here; I thought it would be more convenient for you to take away"—there was a door at that end of the room, and Palmer was within a very short distance of it, a yard or two, and a distance from where the body was, of about half across this Court, the shorter way—this plan (
<hi rend="italic">produced</hi>) accurately represents the room of which I am speaking; there is a scale of feet below—by this scale I should say that it was about twenty
<lb/>four feet from the place where the body was to the place where Palmer was—(
<hi rend="italic">The witness marked the two places in pencil</hi>)—the door near which Palmer was, was not the door by which we entered—I do not know where it opened to, but I see it here—I called to him to bring the jar—I said, "Will you bring it here?—I also went to the other aide of the table, and met him nearly half way he was coming with it—it was not then in the same state in which I had placed it on the table; there was a cut through both the bladders, it was hardly an inch long—that had been done with some sharp instrument—I examined the cut to see whether any of the contents of the jar had passed through it; it was quite clean—I said aloud, so as to be heard by all the people, "Here is a cut, who has done this?"—Palmer, and Mr. Devonshire, and Mr. Newton all said that they had not done it, and nothing more was said about it—when I was about to remove the jar from the room, the prisoner asked me what I was going to do with it—I said thai I should take it to Mr. Frere's—he said, "I had rather that you would take it with you to Stafford than take it there"—I do not remember that I made him any answer—I then took it to Mr. Frere's house, and after doing so returned to the Talbot Arms—I left the jar in Mr. Frere's hall, tied and sealed in the way I have mentioned—with respect to the slit, I immediately cut the string, replaced the bladders, and tied them separately again, so that the slit was beyond the lips of the jar—that was immediately on getting the jar again from Palmer—I re-sealed it—I did not see it again before I left Rugeley that day—the prisoner's house is immediately opposite to the Talbot Arms—I saw him again when I got there—I went into the yard to order my carriage, and while waiting for it, he came across and asked me what I had done with the jar—I told him that I had left it at Mr. Frere's—he inquired what it would be done with—I said that it would go either to Birmingham or London that night for examination—I do not recollect that he made any observation upon that—after the slit had been discovered, I unfastened the jar, and repacked it—I tied each cover with a separate string, and sealed it with my own seal—I believe there were no friends of the prisoner present on his behalf during the
<hi rend="italic">post mortem</hi> examination; there were several Rugeley persons present—there were persons there on the second examina
<lb/>tion on the part of Palmer.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEBJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Were you on terms of inti-macy</p>
<xptr type="pageFacsimile" doc="185605140064"/>
<p>with Palmer, or merely an acquaintance?
<hi rend="italic">A.</hi> Merely an acquaintance, occasionally practising at Rugeley, and known as a physician in practice in that neighbourhood—in the course of the examination, Palmer said, "They won't hang us yet"—he addressed Mr. Bamford when he said that at first—he might have said, "Doctor, they won't hang us yet"—at first he addressed Mr. Bamford in a loud whisper, and afterwards he repeated the same expression to several persons—I had said to him that I had heard there was a suspicion of poisoning—I drew up a report of the first
<hi rend="italic">post mortem</hi> examination—they were merely pencil notes that I wrote at the time the
<hi rend="italic">post mortem</hi> was going on—those are not the notes that Dr. Taylor has had in his possession—those I wrote as soon as I got home, from my pencil notes, and then I destroyed the others—I do not know how those notes got into Dr. Taylor's possession—I sent them to Mr. Stevens the same night—I have not seen them since—I did not see them before the Coroner—Dr. Monckton took the second report with him—I do not know to whom he sent it—on the first examination I observed follicles on the tongue, not under the tongue, on the dorsal of the tongue—they were not pustules; they were enlarged mucous follicles, I should say, not containing matter—it is a thickening of the mucus at the base of the tongue—they appeared to be of long standing—there were many of them.</p>
<p>
<hi rend="italic">Q.</hi> Did they indicate that there had been much soreness there?
<hi rend="italic">A.</hi> I have no doubt they would produce inconvenience—I doubt whether they I would have given pain in the ordinary use of the mouth in eating and speaking—they are not in the nature of enlarged glands from the irritation of disease—I do not believe they were enlarged by the irritation of disease—I have seen them frequently—I have said that the lungs were healthy—I adhere to that.</p>
<p>
<hi rend="italic">Q.</hi> Did not Mr. Devonshire, in your presence, express a contrary opinion, and say that they were unhealthy?
<hi rend="italic">A.</hi> He said there was emphysema, and he thought there was congestion of the lungs—emphysema is not a natural state—it is a very constant state in persons who are supposed to be in health to the slight extent that he had it—they are not supposed to be in health until they die—it is a diseased state of the lungs—it consists in a distension of the air cells—it is an abnormal state of the lungs—the lungs were full of blood—the heart was empty—I examined the white spots on the wider part of the stomach—I examined them by removing the mucus that was on the surface of the stomach with the finger or scalpel—I had no lens, no glass—I should have examined them with a lens had I had one—my exa
<lb/>mination of those appearances was satisfactory to me without a lens—I reported that the brain was healthy.</p>
<p>
<hi rend="italic">Q.</hi> What sort of examination did you make of the brain?
<hi rend="italic">A.</hi> The brain was carefully taken out, and was sliced—we first of all examined the ex
<lb/>ternal part, and then slices were taken off from the apex at the base of the brain—they were thin slices, I should think a quarter of an inch thick—I think that that was sufficiently thin to show any disease, if there was any—if there had been any appearance of disease we should have examined the part more carefully, but there was no appearance of anything unhealthy—we examined the spinal cord as far as we possibly could on the first
<hi rend="italic">post mortem</hi> examination—I requested Mr. Devonshire to cut the spinal cord as far down as he could, so that we might examine, and I said if there was any appearance of disease we must then open the canal.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you find any appearance of disease?
<hi rend="italic">A.</hi> We found no appearance of disease.</p>
<xptr type="pageFacsimile" doc="185605140065"/>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> How far down did you examine it?
<hi rend="italic">A.</hi> Down to about the distance of the first vertebrae.</p>
<p>
<hi rend="italic">Q.</hi> Supposing you had discovered softening of the spinal cord on that occasion, after a full examination of the spinal cord, might not that have been in your judgment sufficient to account for the death of Mr. Cook?
<hi rend="italic">A.</hi> No, certainly not—softening would not produce tetanus at all—it might produce paralysis—it was afterwards thought desirable to make a careful examination of the spinal cord—I do not think, in order to ascertain with any degree of certainty the cause of death, it was necessary carefully to examine the spinal cord shortly after death—I do not know who suggested that it should be examined more than a month after death—the first exami
<lb/>nation was on 26th Dec., and the second on 25th Jan.—if there had been a softening, it would have been detected at the second examination—the body remaining unexamined for a long time would not produce hardening of the spine—the spine was very little soft indeed—there were some appearances of decomposition upon it—I do not think that would materially interfere with my examination for the purpose of ascertaining what the condition of it had been at death—I do not know that it is necessary, in the examination of the spinal cord, even shortly after death, to use a microscope in order to discover if there had been any lesion of the parts—I examined the granules on the spinal cord carefully at the time, with my finger and with my eyes, not with any microscope—I examined the throat—I examined to see if there was any disease upon him of a venereal kind—there was a loss of substance of a portion of the glans penis.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> There was something upon him of some past disease?
<hi rend="italic">A.</hi> Of some past disease.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>,
<hi rend="italic">Q.</hi> Did you form any opinion of how long past?
<hi rend="italic">A.</hi> It was cicatrized over, and upon the cicatrix there was a small abrasion—the excoriation might be a little sore—it was not extensive, very small—it wat a mere excoriation, merely a little of the cicatrix rubbed off.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Was there any chancre?
<hi rend="italic">A.</hi> There was no chancre, nothing but what I should term an excoriation, except the old cicatrix of the old disease—chancre, in it's most positive and active state, would not occasion tetanus—I never heard or read of such a case—there were no symptoms of ulcerated throat; no appearance whatever of anything syphilitic there—I never heard or read of an ulcerated or syphilitic throat producing tetanus and death—follicles on the tongue often result from disor
<lb/>dered stomach—they are of no serious consequence to health—they would not in any way account for death in this form—emphysema is an undue quantity of air in the air vessels—that could not have any connection with this death—Mr. Devonshire made some observation about there being con
<lb/>gestion in the lungs—that appeared to me not to be a state of disease, but to be due to the gravitation of blood after death—there was nothing in the lungs which could account for death—the heart was empty, but in other respects healthy—I ascribe the emptiness of the heart to spasmodic action—when the heart is emptied of it's contents life cannot go on—that must necessarily be something immediately concomitant with death—I heard Mr. Jones examined yesterday—I believe that the spasm that was in the muscles generally also extended to the heart—there was no other cause to which I could trace the emptiness of the heart, except the spasmodic action described yesterday by Mr. Jones—the fluidity of the blood is rare even in a case of sudden death.</p>
<p>
<hi rend="italic">Q.</hi> Did you ever hear or know of fluidity of the blood in any other case</p>
<xptr type="pageFacsimile" doc="185605140066"/>
<p>than that of sudden death?
<hi rend="italic">A.</hi> I have read that in cases of poisoning the blood is sometimes fluid, in cases of poisoning by arsenic and strychnine—the white spots on the stomach were quite visible to the naked eye—I had no difficulty in ascertaining what they were, and their extent—there was nothing whatever in the brain to indicate the presence of any disease of any sort; if there had been, I never knew or read of any diseased state of the brain occasioning death by tetanus—there was nothing in the state of the spinal cord at all to account for the symptoms attending the death—death had not produced any amount of relaxation there—in my opinion, if I had examined the state of the spinal cord immediately, or recently after death, I should not have been able to make a better examination of it than I was when I did examine it—there is no disease with which I am acquainted which would produce tetanus and that form of death—sometimes in inflam
<lb/>mation of the membranes of the spine there is tetanus—there was no appear
<lb/>ance of inflammation whatever here.</p>
<p>
<hi rend="italic">Q.</hi> To what do you ascribe the granules that you found there?
<hi rend="italic">A.</hi> It is not unfrequent, on the dura mater particularly, for there to be small granules which are called Pacchionian glands—I should consider these were something of the same nature—it is doubtful whether that is a diseased con
<lb/>dition or not; they are never found in young persons, they are almost always found after adult age—I believe hardly any one is exempt from them—I never saw a head without them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-123" type="witnessName">
<interp inst="t18560514-name-123" type="gender" value="male"/>
<interp inst="t18560514-name-123" type="surname" value="DEVONSHIRE"/>
<interp inst="t18560514-name-123" type="given" value="CHARLES JAMES"/>CHARLES JAMES DEVONSHIRE</persName> </hi>. I am an undergraduate of medicine, of the University of London. In Nov. last, I was at Dr. Monckton's, at Rugeley—I was attending to his practice—I performed the
<hi rend="italic">pott mortem</hi> examination on 26th Nov., at the Talbot Arms—the body was pale, there was a general pallor—the fingers were clenched, the thumb of the left hand was drawn into the palm, and the fingers were clenched over it—the mouth was a little contracted, twisted, the body was very stiff, perfectly so.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was it stiff beyond the usual stiffness of death?
<hi rend="italic">A.</hi> Yes; much more.</p>
<p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> I believe you opened the body?
<hi rend="italic">A.</hi> Yes—the liver was very healthy—I examined the heart—it seemed healthy, it was perfectly empty, no particle of blood—it was of the natural size—I noticed the lungs—they contained a considerable quantity of dark fluid blood, and there were traces of emphysema on the left lung, and the lining membrane was reddened—the blood was perfectly fluid throughout the body—I exa
<lb/>mined the brain, I found it healthy throughout—I examined the medulla oblongata, and a small portion of the spinal cord, about a quarter or half an inch, as far as I could reach with a knife—it was perfectly sound and healthy—I took out the stomach; I opened it with a pair of scissors—I had a jar there—as I was opening the stomach there was a pressure, or push from behind, and I went a little forward, but I did not pay any attention to it—I was carried a little forward by it.</p>
<p>
<hi rend="italic">Q.</hi> What was the effect of that; did anything happen to the contents of the stomach?
<hi rend="italic">A.</hi> I cannot say if any escaped—I punctured the anterior surface of the stomach, and some of the contents fell out, about a spoonful went into the jar, I think—the contents were put into a jar, and it was sealed by Dr. Harland—I tied up the stomach where I had punctured it, before I put it into the jar—the stomach and intestines were to all appearance quite healthy—I went to Mr. Frere's that same day for the jar—I found the jar there in the same state as I had seen it made up by Dr. Harland—I gave that jar to Mr. Boycott, Messrs. Lander and Gardner's clerk—that was on</p>
<xptr type="pageFacsimile" doc="185605140067"/>
<p>Monday, 26th—on the 29th I opened the body again—that waft to get the liver, kidneys, and spleen—I took them oat of the body, and some blood from the
<hi rend="italic">vena cava</hi>—I put them in a stone jar, then put bladder, wash leather, and brown paper, and then sealed it—I delivered the same jar in the same state on the 30th to Boycott, the same person to whom I had deli
<lb/>vered the former—in making the
<hi rend="italic">post mortem</hi>, examination, I examined the penis—I saw nothing at all there—it was matter of observation between Mr. Palmer and I—Palmer said that we should find syphilis on him, that he had had syphilitic sore throat; it was in consequence of that I looked at the penis—I saw no chancre, or anything of the sort, and there was no hardness—I also took out the throat—I do not know that it was in conse
<lb/>quence of that—there were some enlarged papillae, natural papillae, but larger than usual, at the base of the tongue; one tonsil was shrunk, caustic had perhaps been applied some time previously, not anything recent.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Tetanic convulsions are supposed to proceed from the spine being disordered, are they not?
<hi rend="italic">A.</hi> Yes, they are—derangement of the spine is considered the proximate cause in complaints that affect the spinal cord—that derangement is not always capable of being detected—in examining the body of a person who was supposed to have died from tetanus, the spine would be the first organ looked at, you would look at the spinal cord of course—about half an inch of the spinal cord, exterior to the aperture in the cranium, was examined on the first
<hi rend="italic">post mortem</hi>—the length of the spinal cord depends upon the height of the man—I was not present when the granules were discovered on a subsequent examination—where you discover granules pressing on the spinal cord within the dum mater, they would be considered sufficient to account for death, if they pro
<lb/>duced great irritation and pressure.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you seen any case of that sort?
<hi rend="italic">A.</hi> No, I have not.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Have you been in practice any time?
<hi rend="italic">A.</hi> very short time—at the time I was making this
<hi rend="italic">post mortem</hi> examination, I was not certain that he had died of tetanus, there were reports thrown out that it was, but that was all—I had no knowledge of the precise circum
<lb/>stances attending the death.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-124" type="witnessName">
<interp inst="t18560514-name-124" type="gender" value="male"/>
<interp inst="t18560514-name-124" type="surname" value="MONCKTON"/>
<interp inst="t18560514-name-124" type="given" value="DAVID HENRY"/>DR. DAVID HENRY MONCKTON</persName> </hi>. I am a physician residing at Rugeley. I was not present at the first
<hi rend="italic">post mortem</hi> examination—on 25th Jan. I made an examination of the spinal cord of the deceased man—the muscles of the trunk and neck were in a state of laxity, which I should consider due to the commencing decay of the body—that would certainly not be inconsistent with the fact of there having been great rigidity of those muscles at the time of death—I found the muscles of the arms and legs in a state of rigidity—I cannot say that it was an unnatural amount of rigidity—I think the rigidity was not more than I should consider would be found in an ordinary dead body, considering the time, but the position was peculiar; the muscles of the arms had partially flexed the fingers, the fingers were between flexion and extension—that partial clenching of the hand was very firm, it required considerable force to relax or alter the position—the feet were turned inwards much more than is usual—I care
<lb/>fully examined the spinal cord—I wrote the report which has been read by Dr. Harland—the condition in which that part of the body then was, was such as to enable me to make a satisfactory examination of it—if there had been, prior to death, any diseased or abnormal condition in that part of the body, I should, I think, have had no difficulty in detecting it—I am speak
<lb/>ing of the part of the body to which I confined my examination, the spinal</p>
<xptr type="pageFacsimile" doc="185605140068"/>
<p>cord and marrow—there was no disease—it is difficult to give the origin of the granules which were detected; I agree with the last witness that they are frequently to be found after a certain period of life—I never heard or knew of sudden disease or death being produced from that cause—the report which has been read fully contains my opinion.</p>
<p>
<hi rend="italic">Cross-exatnined by</hi>
<hi rend="smallCaps">MR. SERJENT SHEE</hi>.
<hi rend="italic">Q.</hi> What did you do with the report?
<hi rend="italic">A.</hi> On 2nd Feb. I gave it into the hands of Mr. Gardner, the attorney of Mr. Stevens—I have not seen it since till to
<lb/>day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-125" type="witnessName">
<interp inst="t18560514-name-125" type="gender" value="male"/>
<interp inst="t18560514-name-125" type="surname" value="BOYCOTT"/>
<interp inst="t18560514-name-125" type="given" value="JOHN"/>JOHN BOYCOTT</persName> </hi>. I am clerk to Messrs. Lander, Gardner, and Lander, of Rugeley. On 26th Nov. I received a jar from Mr. Devonshire, covered with brown paper, and sealed up—I took it to London, and on the next day delivered it, in the same condition, to Dr. Alfred Taylor, at Guy's Hospital—afterwards, on 30th Nov., I received another jar from Mr. Devonshire at Dr. Monckton's house—I brought that up to London also, and delivered it, in the same condition, to Dr. Taylor—I was not present at the inquest on the body of Cook—I did not fetch Newton to be examined at the inquest—when I was on my way to London on Tuesday last, Newton came to me at the Rugeley station, and made a communication to me—he did not ask to see Mr. Gardner, he knew Mr. Gardner was out—when I got to London I took him to Mr. Gardner, and heard him make a com
<lb/>munication to him—he made the communication to me as Mr. Gardner's clerk.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-126" type="witnessName">
<interp inst="t18560514-name-126" type="gender" value="male"/>
<interp inst="t18560514-name-126" type="surname" value="MYATT"/>
<interp inst="t18560514-name-126" type="given" value="JAMES"/>JAMES MYATT</persName> </hi>. In Nov. last I was postboy at the Talbot Arms, at Rugeley—I know Palmer—on Monday night, 26th Nov., I was ordered to take Mr. Stevens to the Stafford station—I got the order at a little after 5 o'clock, and before I started I went home to get my tea, and on returning, to the Talbot Arms met the prisoner—he asked me if I was going to drive them to Stafford, Mr. Stevens—I told him I was, and he asked me if I would upset them he said that he supposed that I was going to take the jars; I told him I believed I was—he said, "Do you think you could upset them?"—I told him, No"—he said, that if I could, there was a 10
<hi rend="italic">l</hi>. note for me—I told him I could not—I do not recollect whether he said anything more about the jar—I told him I must go, for the horse was in the fly waiting for me to start—I told him, "If I do not go, there is some oe else will go;" he told me not to be in a hurry, for if any one else went, he would pay me—I do not recollect that he said more to me that evening—I saw next morning, when I was going to my breakfast, and he asked me who went with the fly; I told him Mr. Stevens, and I believed one of Mr. Gardner's clerks—he said that he believed it was—I do not recollect anything more.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You say that he asked you whether you were going to drive them to Stafford; what conversation was there between you and him before he used the words, "going to drive them to Stafford"?
<hi rend="italic">A.</hi> I had not spoken to him before—I knew that. I was going to take some one to Stafford the words, I believe, were, "going to drive them to Stafford"—Mr. Stevens's name was mentioned, but I do not recollect whether that was before he asked me if I was going to drive them to Stafford—I knew that he meant Mr. Stevens, because he mentioned Mr. Stevens afterwards—he did not mention Mr. Stevens at first, but in the course of that conversation—it was about 300 or 400 yards from the Talbot Arms—I did not prepare the fly, it was prepared while I went to my tea—there might be other gentlemen at the Talbot Arms at the time, visitors, besides Mr. Stevens and his party—I understood the word "them" to mean Mr. Stevens and his party—I do not recollect that the words that</p>
<xptr type="pageFacsimile" doc="185605140069"/>
<p>Palmer used ware, "I would not mind giving 10
<hi rend="italic">l</hi>. to break Stevens's neck," or words to that effect—"10
<hi rend="italic">l</hi>. to upset him," those were the words, to the best of my recollection—I cannot say whether he appeared to have been drinking at the time.</p>
<p>
<hi rend="italic">Q.</hi> When he said, "to upset him," did he use any epithet, or say, "upset the fellow"?
<hi rend="italic">A.</hi> He did not describe him in any way—he said that it was a humbugging concern, or something to that effect—I do not recollect his saying anything to the effect that he was a suspicious, troublesome fellow—I cannot say that he spoke in an angry tone of him—he gave me no notion, from what he said, for what reason he had to complain of him—he did not say that he had been very troublesome and suspicious.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> My learned Mend has put the words in a somewhat different form; let me have the words over again: what was it Palmer said to you when he saw you in the street?
<hi rend="italic">A.</hi> He asked me if I was going to drive them to Stafford, I told him I believed I was—he asked if it was Mr. Stevens I was going to take, and I said that I believed it was—he said that he supposed I was going to take the jars; I told him I was—he asked me if I would upset them—I told Mm I could not—he said that if I would there was a 10
<hi rend="italic">l</hi>. note for me—it was about the middle of the conversation that he said that it was a humbugging concern—I cannot remember whether it was before or after he had offered me the 10
<hi rend="italic">l</hi>. note I that was all that I recollect at that time.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Do you not know that there was only one jar in the fly?
<hi rend="italic">A.</hi> I do not.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-127" type="witnessName">
<interp inst="t18560514-name-127" type="gender" value="male"/>
<interp inst="t18560514-name-127" type="surname" value="CHESHIRE"/>
<interp inst="t18560514-name-127" type="given" value="SAMUEL"/>SAMUEL CHESHIRE</persName> </hi>. (
<hi rend="italic">a prisoner</hi>). I was for some years postmaster at Rugeley—I am now in Newgate, suffering punishment for having read a letter as postmaster—I was tried at Stafford—I confessed to reading it—I was postmaster at Rugeley upwards of eight years; it would have been nine years on 5th April in the present year—I know the prisoner very well, we were schoolfellows together—I think I have been to races with him about three times in my life, three or four times, but I never betted—I never made but one bet in my life—I was very intimate with him—I went to Shrewsbury races with him in Nov., 1855, and returned to Rugeley with him the same evening, about 20 minutes past 8 o'clock—it was on Tuesday, the day that Polestar won, the day the handicap was won—on Saturday, the 17th, I went with the prisoner to see Mr. Cook at the Talbot Arms—he was in bed—I lived at the post office, which is about 300 on 400 yards from Palmer's house—on Tuesday evening, 20th Nov., I received a message from Palmer to go to him—it was, I should think, somewhere between 6 and 7 o'clock—I was to take a stamp with me—in consequence of that I went to Palmer's house, and took a receipt stamp with me—I called at Mr. James's, the bookseller's, on my way, and purchased a shilling's worth—when I got to Palmer's, I found him in his sitting room—I waited a short time, and he said that he wanted me to write a letter—he produced a copy from which I was to write—I copied it—he said that it was money which Mr. Cook owed him—what I wrote was left in Mr. Palmer's pos session—before I commenced writing he said that Mr. Cook was too ill, and he said, "Mr. Weatherby will know my writing"—he said that he was going to take it over for Mr. Cook to sign—after I had written it I left it with Palmer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-128" type="witnessName">
<interp inst="t18560514-name-128" type="gender" value="male"/>
<interp inst="t18560514-name-128" type="surname" value="WEATHERBY"/>
<interp inst="t18560514-name-128" type="given" value="CHARLES"/>CHARLES WEATHERBY</persName> </hi>. I am secretary to the Jockey Club, that is one of my appointments—my establishment is in Burlington-street—I keep a sort of banking account with gentlemen who have race horses, and receive and pay stakes for them—I knew the deceased, he had an account of that</p>
<xptr type="pageFacsimile" doc="185605140070"/>
<p>kind with
<hi rend="italic">us</hi>—I know the prisoner slightly—he had not an account with us, that is to say, he had no account of that nature, no general account; I had dealings with him—the other is a species of banking account—on 21st Nov. I received a cheque or order for 300
<hi rend="italic">l</hi>.—it came by post—it purported to be signed by Mr. Cook—I sent that back two days after, on Friday, the 23rd, to the prisoner at Rugeley, by post—I did not pat it in myself; I generally place my letters for the post in a box, a list of them is kept, and one of the clerks sees that they are posted—that letter was taken away to be posted in the ordinary course of business—the amount of the order was 350
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-129" type="witnessName">
<interp inst="t18560514-name-129" type="gender" value="male"/>
<interp inst="t18560514-name-129" type="surname" value="BOYCOTT"/>
<interp inst="t18560514-name-129" type="given" value="JOHN"/>JOHN BOYCOTT</persName> </hi>.
<hi rend="italic">re-examined.</hi> I served a copy of these two notices to produce, one on the prisoner, and the other on Mr. Smith, his attorney, on 3rd May; I gave one to Mr. Smith, and the other to Mr. Palmer personally—the prisoner was then at Stafford gaol—(
<hi rend="italic">This was an order to produce a cheque for</hi> 350
<hi rend="italic">l</hi>.
<hi rend="italic">purporting to be written by Cheshire, and to be signed J. Parsons Cook</hi>)—it was not produced.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">CHARLES WEATHERBY</hi>.
<hi rend="italic">Q.</hi> Do you know the writing of John Parsons Cook?
<hi rend="italic">A.</hi> Yes—as far as I know, it was in his writing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-130" type="witnessName">
<interp inst="t18560514-name-130" type="gender" value="male"/>
<interp inst="t18560514-name-130" type="surname" value="CHESHIRE"/>
<interp inst="t18560514-name-130" type="given" value="SAMUEL"/>SAMUEL CHESHIRE</persName> </hi>.
<hi rend="italic">re-examined.</hi> What I wrote from the copy which Palmer gave me was addressed to Messrs. Weatherby—I really cannot exactly call to mind the words, but it was something to the effect of "Please pay to Mr. William Palmer the sum of 300
<hi rend="italic">l</hi>.;"I cannot recollect what amount it was, I believe it was 300
<hi rend="italic">l</hi>. and odd, "and place it to my account"—I cannot recollect whether I put any date to it, I quite forget—I left that with him, and went away—this was Tuesday—I saw Palmer again on Thursday or Friday—he sent again for me, I cannot call to mind which day it was—I remember hearing of the death of Mr. Cook at the Talbot Arms—it was after that—it was in the evening, some time between 6 and 7 o'clock, for I know the business that I was doing just at the time—when I went to him he was in his kitchen; he went out of the kitchen, and came back to me with a quarto sheet of paper in his hand, he gave me a pen, and asked me to sign it; there was something written on it—I asked him what it was, and he said, "You know that Cook and I have had deal
<lb/>ings together, and this is a document which 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 him in, and which was all for Mr. Cook's benefit," and that that was a document stating so, or something of that kind—I just cast my eye over the paper—it was a quarto post paper, of a yellow descrip
<lb/>tion—I observed the writing, I thought it was Mr. Palmer's own writing—I told him when he asked me, that I could not sign it, and that I should have to be called on perhaps to give evidence in the matter at some future day; that I had not seen Mr. Cook sign it, and I likewise told him that the Post-office authorities would not like me to be called off to give evidence, inasmuch as I should have to trouble them to put some one in my place while I was absent—I do not believe I said anything with regard to Cook's death on that Friday night; in fact, I did not give my exact reasons for not signing it—when I refused, Palmer said that it would not matter my signing it, and perhaps they would not object to Mr. Cook's signature—I gave the paper back to him, left it with him, and went away—(
<hi rend="italic">The notice to produce this paper was here ready but the paper was not produced</hi>)—I believe there was a stamp on the paper—I did not read it all, I just cast my eye down it—it was to the effect that certain bills, the dates and amounts of which were quoted, and which I cannot recollect now, were all for Mr. Cook's benefit,</p>
<xptr type="pageFacsimile" doc="185605140071"/>
<p>and not for Mr. Palmer's; those any not be exactly the words—they were rather large amounts, I recollect two, one was for 1,000
<hi rend="italic">l</hi>. and one 500
<hi rend="italic">l</hi>.—there was a signature at the foot, either I or J. P. Cook, I cannot say which—I do not think it was "Parsons Cook"—I knew Palmer very well, and was in the habit of giving him letters addressed to his mother, who resided at Rugeley—he was in the habit of calling for them—I cannot recollect that I gave him any letters addressed to his mother daring the months of Oct. and Nov., 1855—I do not know whether I gave him any addressed to Mr. Cook—Mr. Palmer has taken Mr. Cook's letters, and Mr. Cook has taken Mr. Palmer's—I remember the inquest being held on Mr. Cook—I saw Palmer while it was going on; he came down to me on the Sunday evening, and asked me if I saw or heard anything fresh to let him know—(that was the Sunday previous to 5th Dee., to which day the inquest was adjourned)—I thought it was a temptation for me to open a letter—I told him I could not open a letter.</p>
<p>
<hi rend="italic">Q.</hi> How came you to say that?
<hi rend="italic">A.</hi> I could not sea what other informa
<lb/>tion he required—he told me that he did not want me to do anything to injure myself—I believe that was about all the eomvewatlon that passed at that time—he did mot done again to me—the letter which I reao width I am suffering punishment for, was a letter from Dr. Taylor to Mr. Gardner, the solicitor—I did not read the letter to the prisoner, or give him the letter to read—I only told aim a few words of its contents—I did not read it all myself—I read part, and told Palmer as much as I remembered of it at the time—it was on the morning of 5th Dec.—I think I can tell Palmer's hand
<lb/>writing—I believe this letter to his (
<hi rend="italic">produced</hi>)—I told Palmer that there were no traces of stry chnis found.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You told him that you found that in Dr. Taylor's letter?
<hi rend="italic">A.</hi> Yes, that no traces of strychnia were to be found.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> What else, as well as you remember?
<hi rend="italic">A.</hi> I cannot recol
<lb/>lect what else I told him of the letter—upon that he said he knew these would not, for he was perfectly inconent.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-131" type="witnessName">
<interp inst="t18560514-name-131" type="gender" value="male"/>
<interp inst="t18560514-name-131" type="surname" value="HATTON"/>
<interp inst="t18560514-name-131" type="given" value="CAPTAIN JOHN HAINBS"/>CAPTAIN JOHN HAINBS HATTON</persName> </hi>. I am chief constable of Stafford shire. Mr. Ward, the Ceroper, handed me this letter, and I endorsed it—I made my minute at the time—read: addressed, "W. W. Ward, Eaq., soli
<lb/>citor, Stafford." (
<hi rend="italic">without date</hi>) "My dear Sir, I am sorry to tell you that I am still confined to my bed. I do not think it was mentioned at the inquest yesterday that Cook was taken ill on Sunday and Monday night in the same way as he was on the Tuesday night when ke died. The chamber maid at the Crown Hotel, Mastere's, can prove this; I also believe that a man by the name of Fisher is coming down to prove he received some money at Shrewsbury. New here he could only pay Smith 10
<hi rend="italic">l</hi>. out of 41
<hi rend="italic">l</hi>. he owned him. Had you not better call Smith to prove this? And, again, whatever Professor Taylor may say to-morrow, he wrote from Lonon last Tuesday night to Gardner to say, 'We and Dr Rees have this day finished our analysis, and find no traces of either strychnia, prussic acid, or opium.' What can beat this from a man like Taylor, if he says what he has already said, and Dr. Harland's evidence? Mind you, I know and saw it in black and white what Taylor said to Gardner; but this is strictly private and con-fidential, but it is true. As regards his betting book, I know nothing of it, and it is of no good to any one. I hope the verdict to
<lb/>morrow will be that ke died of natural causes, and thus emd it fiver yours. W. P."—Mr. Ward was the Coroner at the inquest.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-132" type="witnessName">
<interp inst="t18560514-name-132" type="gender" value="male"/>
<interp inst="t18560514-name-132" type="surname" value="CHESHIRE"/>
<interp inst="t18560514-name-132" type="given" value="SAMUEL"/>SAMUEL CHESHIRE</persName> </hi>.
<hi rend="italic">Cross-examined by</hi>,
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You</p>
<xptr type="pageFacsimile" doc="185605140072"/>
<p>knew Cook well?
<hi rend="italic">A.</hi> I knew him from the commencement of Sept I think—that was the time I became intimate with him—I did not know his handwriting—I had seen it, but I could not tell, if I were to see it now, whether it was his or not—I was not sufficiently acquainted with his writ-ing to be able to state my belief respecting it—I never saw him write—I had seen letters addressed to him—I could not speak to his handwriting—when I declined to sign the paper which Palmer asked me to sign, he said, "Oh! never mind; I have no doubt they will not object to Mr. Cook's signature"—he came to me and he asked whether I had seen or heard anything.</p>
<p>
<hi rend="italic">Q.</hi> Was it "seen anything;" or, was not it, "Have you heard anything?"
<hi rend="italic">A.</hi> "Seen or heard"—I am sure that he said, "Seen or heard"—I told him that I had seen something—he said then, "What have you seen?"—I told him, and I believe he then said, "I knew they would not, for I am as inno-cent as a baby"—I believe that was the phrase which he used—I remember, on the Saturday before the death of Cook, being told by Palmer that he was very ill—I dined with him and Mr. Smith that day—Cook was expected; he said that he should have been one of the party—Palmer said that Cook was very ill, and that he must call in Bamford—I saw Cook in the evening, he was in bed—I suppose he was ill, he vomited while I was there—that was on Saturday.</p>
<p>
<hi rend="italic">Q.</hi> Did you see Palmer at Rugeley on the Wednesday, the second day of the Shrewsbury races?
<hi rend="italic">A.</hi> Yes; I did—it was about midday, I think.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> How long does it take to go by the train from Stafford to Shrewsbury?
<hi rend="italic">A.</hi> I cannot say, the trains run so very badly—it is more than an hour—if the trains ran so as to meet each other, I should say it would take an hour and a half—when you once start the duration of the journey from Stafford to Shrewsbury is a little upwards of an hour.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-133" type="witnessName">
<interp inst="t18560514-name-133" type="gender" value="male"/>
<interp inst="t18560514-name-133" type="surname" value="CRISP"/>
<interp inst="t18560514-name-133" type="given" value="ELLIS"/>ELLIS CRISP</persName> </hi>. I am an inspector of police as Rugeley. On 17th Dec. I assisted in searching the prisoner's house—there was a sale of his things on 5th Jan.—I got this book (
<hi rend="italic">produced</hi>) at that sale—I did not buy it—I saw it being sold, and took it away from the sale.</p>
<p>
<hi rend="italic">Gross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Where did you find the book?
<hi rend="italic">A.</hi> It was being sold—it was put up by the auctioneer—it was not put away or concealed in any manner—it was brought out with a lot of other books for sale—there were other medical books.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-134" type="witnessName">
<interp inst="t18560514-name-134" type="gender" value="male"/>
<interp inst="t18560514-name-134" type="surname" value="BOYCOTT"/>
<interp inst="t18560514-name-134" type="given" value="JOHN"/>JOHN BOYCOTT</persName> </hi>.
<hi rend="italic">re-examined.</hi> I believe the handwriting in this book to be Mr. Palmer's, and also in this other book—(
<hi rend="italic">The following pottage, written in pencil, on a fly leaf, at the commencement of the book, was read</hi>: "Strychnia kills by causing tetanic fixing of the respiratory muscles.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-135" type="witnessName">
<interp inst="t18560514-name-135" type="gender" value="male"/>
<interp inst="t18560514-name-135" type="surname" value="BERGUM"/>
<interp inst="t18560514-name-135" type="given" value="DANIEL SCULLY"/>DANIEL SCULLY BERGUM</persName> </hi>. I am chief superintendent of the rural district police. I searched the prisoner's house—this book with a green cover was found in his house—the search was commenced on Sunday, the 16th, and continued on 17th Dec.—I cannot state the exact place in which I found that book—I found it either on 16th or 17th—it was found amongst his other books—(
<hi rend="italic">The following passage was read from this book</hi>: "Nux vomica; seeds of strychnine, like an orange; a certain quantity of seed con
<lb/>tains thirty-four grains of strychnia; one grain will give a bitter taste to 80lbs. of water; one grain of strychnia is equal to six grains of bruchia; it kills by producing tetanic contractions in the respiratory muscles.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-136" type="witnessName">
<interp inst="t18560514-name-136" type="gender" value="female"/>
<interp inst="t18560514-name-136" type="surname" value="HAWKES"/>
<interp inst="t18560514-name-136" type="given" value="JULIET ELIZABETH"/>JULIET ELIZABETH HAWKES</persName> </hi>. I keep a boarding house, at No. 7, Beaufort-buildings, Strand. I know the prisoner—he was at my house on 1st Dec. last—he asked my porter to buy something for him—I did not hear him—on</p>
<xptr type="pageFacsimile" doc="185605140073"/>
<p>19th Nov. I had some conversation with him myself—on 1st Dec. I purchased some game, a turkey and a brace of pheasants, for him; and the porter purchased some fish—I packed it up in a hamper—I did not speak to Mr. Palmer about it—I had no conversation with him about it on that day—I did not at any time have any conversation with Mr. Palmer about the things that I put in the hamper—I put up the things by the order of Mr. Palmer to our porter, Frederick Slack—I did not hear him speak to the porter—Slack is at my house now—I directed the hamper—the porter gave me the direction, and he took it to the station—I desired him to do so—I have not been paid for those things—Mr. Palmer came up on that day, 1st Dec.—I have not seen Mr. Palmer since—the hamper was directed to "W. W. Ward, Efcq., Burton-on-Trent," or "Stoke-on-Trent, Staffordshire."</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-137" type="witnessName">
<interp inst="t18560514-name-137" type="gender" value="male"/>
<interp inst="t18560514-name-137" type="surname" value="HERRING"/>
<interp inst="t18560514-name-137" type="given" value="GEORGE"/>GEORGE HERRING</persName> </hi>. I live at No. 3, Albert-terrace, New-cross; I am independent. I knew the deceased, Cook, for about two years prior to his death—I met him at the Shrewsbury races last Nov.—I saw him there on the day of the races—I put up at the Raven—I should think he appeared to be in his usual health—the latest on which I saw him on Wednesday was between 6 and 7 o'clock—I had a private room along with Fisher, and Mr. Reed and Mr. Thomas Jones—that room was next to the private room occupied by Cook and Palmer, divided by a partition—I saw Cook on the Thursday morn
<lb/>ing—he had no money in his possession at that time that I know of—I did not see him with money on that day—I saw him with money on the Wednesday at Shrewsbury—they were Bank of England notes and country notes.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How came you to see them?
<hi rend="italic">A.</hi> They were placed in twos and threes, crumpled up—he was straightening them on a table, and on his knee.</p>
<p>
<hi rend="smallCaps">MR. WELSBY</hi>.
<hi rend="italic">Q.</hi> Were you able to appertain at all the amount?
<hi rend="italic">A.</hi> No, not at all—there were a considerable number of notes—he showed me his betting book at Shrewsbury—it contained entries of bets made at the Shrewsbury races—(
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">objected to ike content of the betting book being referred to.</hi>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">submitted that it was suffi
<lb/>ciently traced to the probable possession of the prisoner. The</hi>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">was of opinion that the contents could not be entered into</hi>)—on Monday, 19th Nov., I received a letter from Palmer—this is it—(
<hi rend="italic">read</hi>: "18th Nov., 1855.</p>
<p>Dear Sir,—I shall feel much obliged if you will give me a call at 7, Beaufort-buildings, Strand, to-morrow, Monday, about half past 2; and I am, dear Sir, yours truly, William Palmer.")—I received that on the Monday, and I called that day at Beaufort-buildings, at half past 2 o'clock exactly—I found Palmer there—he asked me what I would take—I declined to take anything—I asked him how Mr. Cook was—he said he was all right; a physician had given him a dose of calomel, and advised him not to come out to-day, it being a damp, or wet day, I do not know which term he used—he said, "What I want to see you about is settling his account"—while he was speaking he took out half a sheet of note paper, and he was holding it in his hand at the time he finished the sentence—he said, "This is it"—I rose to take it—he said, "You had better take it down; this will be a check against you," at the same time pointing to some paper that was lying on the table, on some blotting paper—I wrote on that paper from his dictation—I have the paper here which I so wrote (
<hi rend="italic">producing it</hi>)—he said, "Receive of Ingham, 350
<hi rend="italic">l</hi>.; Bain, 300
<hi rend="italic">l</hi>.; Green, 140
<hi rend="italic">l</hi>.; Morris, 200
<hi rend="italic">l</hi>.; Nelson, 30
<hi rend="italic">l</hi>."—then he asked me how much I made that—I said, "1,020
<hi rend="italic">l</hi>."—he said, "Pay yourself 6
<hi rend="italic">l</hi>., and Shelly 30
<hi rend="italic">l</hi>.; and if you see Bell, tell him that Mr. Cook will come up either Thursday or Friday, and settle with him himself;</p>
<xptr type="pageFacsimile" doc="185605140074"/>
<p>how much does that make it?"—I deducted the 36
<hi rend="italic">l</hi>. from the 1,020
<hi rend="italic">l</hi>., and sold, "984
<hi rend="italic">l</hi>."—he said, "That is what Cook makes it; if I give you 16
<hi rend="italic">l</hi>. it will make up 1,000
<hi rend="italic">l</hi>.; out of that pay yourself 200
<hi rend="italic">l</hi>., and that will pay fur my bill"—I stopped reading there, and said, "Your bill; I know no difference between your bills"—he said, "Pay Padwick 350
<hi rend="italic">l</hi>. and Pratt 450
<hi rend="italic">l</hi>., making 1,000
<hi rend="italic">l</hi>."—there are two addresess on the paper—one he wrote himself, "H. Padwick, Esq., 2, Hill-street, Berkeley-square"—the other I wrote myself, "T. Pratt, 5, Queen-street, Mayfair"—I wrote it at his dictation—that was where I had to send the sum of money to, as I stated I did not know their addresses—he then said, "You had better fill up 4 cheque to Padwick and Pratt, and send them at once—I told him that I had only one blank cheque in my pocket—he said, "You can easily fill ont I up on a half sheet of paper," or "on a piece of paper"—I refuted to do so, as I had not received the money—he said it would be all right as Cook would not deceive him—he wished me particularly to pay Mr. Pratt the 450
<hi rend="italic">l</hi>.—his words, as nearly as I can remember, were, "You must pay Pratt the 450
<hi rend="italic">l</hi>. as it is for a bill, or joint bill of sale cm the mare"—he told me he was going round to see both Mr. Pratt and Padwick, and tell them that I would send it on—I had remarked that if he would tell me his address, I would call after leaving Tattersall's, and leave the amount of money with them, and he said, "You had better send a cheque"—he then asked what there was between us—I said, "45
<hi rend="italic">l</hi>."—he said, "But you owed me 40
<hi rend="italic">l</hi>. on the Liverpool meeting"—I said I would settle that with Mr. Sargent, or I was to settle it with Mr. Sargent—he said, "But you hare not settled it yet, as I have done that with him, therefore if I give you 5
<hi rend="italic">l</hi>. that will be right"—at the same time he took out of his pocket a 50
<hi rend="italic">l</hi>. Bank of England note—he required 29
<hi rend="italic">l</hi>. out of the 50
<hi rend="italic">l</hi>. note—I was not able to give him change—he said if I would give him a cheque that would be the same thing—I gave him a cheque for 20
<hi rend="italic">l</hi>. and nine sovereigns—I believe I bad two other 50
<hi rend="italic">l</hi>. notes in my pockety I do not know the number or date of the 50
<hi rend="italic">l</hi>. note he gave me—as I was going away he pressed me to send the cheques to Pratt and Padwick immediately—he said if I sent them immediately it would be before the closing of the bank, or before bank time, or some remark of that description—he said, "When you have settled this account, write down word to either me or Cook"—that was the first instruction he gave me, to send to him or Cook; I was then going out of the room, and I turned round and said, "I shall certainly write to Mr. Cook"—I said that because I thought I was settling Mr. Cook's account—he said, "It don't much matter which"—I I said, "If I address Mr. Cook, Palmer, Bugeley, Stafford, that will be correct, will it not?"—he said, "Yen"—after leaving Beaufort-buildings I went to Tattersall's—I there received all the money on Cook's account, except 110
<hi rend="italic">l</hi>., of Mr. Morris, who paid me only 90
<hi rend="italic">l</hi>. instead of 200
<hi rend="italic">l</hi>.—I sent from Tattersall's a cheque for 450
<hi rend="italic">l</hi>. to Pratt—I posted a letter to Cool from Tattersaill's, addressed as I have mentioned—on the next day, Tuesday, the 20th, I received a telegraphic message—I have not got it here, I gave it to Captain Hatton, on the Coroner's Inquest, at Kugeley—in consequence of receiving that message I wrote again on that day to Mr. Cook—I addressed that letter as before, I believe that letter was not posted till the Wednesday—I have here some bills of exchange (
<hi rend="italic">producing them</hi>)—I know I Palmer's handwriting—I have never seen him write, the only letter I ever received from him was the one handed in—I know Cook's handwriting—I believe the signature to two of these bills and the acceptance to the third to be in Cook's handwriting, but I am no judge of handwriting—I have</p>
<xptr type="pageFacsimile" doc="185605140075"/>
<p>seem him write—I believe that to be his handwriting—I got these bills from Mr. Fisher—I gave him cash for them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-138" type="witnessName">
<interp inst="t18560514-name-138" type="gender" value="male"/>
<interp inst="t18560514-name-138" type="surname" value="BOYCOTT"/>
<interp inst="t18560514-name-138" type="given" value="JOHN"/>JOHN BOYCOTT</persName> </hi>.
<hi rend="italic">re-examined.</hi> The signature of William Palmer to one of these bills, and the acceptance to the other two, is in Palmer's handwriting—(
<hi rend="italic">these were three bills each for</hi> 200
<hi rend="italic">l</hi>.,
<hi rend="italic">dated Rugdey Sept.</hi> 15
<hi rend="italic">th</hi>, 1855,
<hi rend="italic">payable to the of far of the drawer, one at one month, and the others at two months</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-139" type="witnessName">
<interp inst="t18560514-name-139" type="gender" value="male"/>
<interp inst="t18560514-name-139" type="surname" value="HERRING"/>
<interp inst="t18560514-name-139" type="given" value="GEORGE"/>GEORGE HERRING</persName> </hi>. (
<hi rend="italic">continued</hi>). When the one month bill beoame due, Cook paid me 100
<hi rend="italic">l</hi>. in part discharge of it, within tint week I do not know the day—he afterwards paid me the remaining 100
<hi rend="italic">l</hi>.; that was on the first bill—I cannot tell on what daj of the week Or month it was, it was either on the Wednesday evening or Thursday morning at Shrewsbury races—I suppose one of those was the 200
<hi rend="italic">l</hi>. which Palmer mentioned that I was to pay out of the 1,020
<hi rend="italic">l</hi>.—I deducted that amount out of the money that I received—there were three of 200
<hi rend="italic">l</hi>. each originally—Cook had paid me one, and there were two of 200
<hi rend="italic">l</hi>. each remaining, and Mr. Palmer told me to de
<lb/>duct one of them out of the sum that I received on account of Mr. Cook—I do not still hold the other, and claim on it—I did not pay Mr. Padwick the 350
<hi rend="italic">l</hi>. that he told me—I produce another bill for 500
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-140" type="witnessName">
<interp inst="t18560514-name-140" type="gender" value="male"/>
<interp inst="t18560514-name-140" type="surname" value="STRWARIDON"/>
<interp inst="t18560514-name-140" type="given" value="THOMAS SMERDON"/>THOMAS SMERDON STRWARIDON</persName> </hi>. I am manager of the bank at Rage
<lb/>ley. I know the prisoner's handwriting—I believe the signature to this bill to be in his handwriting, both the drawing and endorsement—it purports to be accepted by Sarah Palmer, the prisoner's mother—I know her handwriting—(
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">objected to the reception of this evidence as irrelevant.</hi> The
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">was of opinion that it was admissible</hi>)—I have seen Mrs. Sarah Palmer write—she had an account at our bank—I have paid cheques purporting to be drawn by her—I should say that the accept
<lb/>ance to this bill was certainly not her handwriting—(
<hi rend="italic">This was a bill for</hi> 500
<hi rend="italic">l</hi>.,
<hi rend="italic">dated</hi> 6
<hi rend="italic">th Oct.</hi>, 1854,
<hi rend="italic">at three months, drawn by the prisoner, and accepted and endorsed by Sarah Palmer and William Palmer</hi>,)</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Is this the handwriting of Cook?
<hi rend="italic">A.</hi> I never saw Cook write.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-141" type="witnessName">
<interp inst="t18560514-name-141" type="gender" value="male"/>
<interp inst="t18560514-name-141" type="surname" value="HERRING"/>
<interp inst="t18560514-name-141" type="given" value="GEORGE"/>GEORGE HERRING</persName> </hi>. (
<hi rend="italic">continued</hi>). This bill is also endorsed by Cook—I am sure it is Cook's handwriting—it "J. Parsons Cook," the name "Parsons" is written at full length—I do not know for certain in what way Cook used to sign his name—I had this 500
<hi rend="italic">l</hi>. bill from Mr. Fisher—I paid for it 200
<hi rend="italic">l</hi>., to Mr. Palmer, and 275
<hi rend="italic">l</hi>., to Mr. Fisher; the 25
<hi rend="italic">l</hi>. was for discount—it was not paid at maturity—I have taken proceedings against the prisoner upon it within the last month.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> You used the expression, when, he said, "Pay yourself 200
<hi rend="italic">l</hi>. for my bill," "I know no difference between yours and his"?
<hi rend="italic">A.</hi> I knew no difference—that was alluding to the bills—I do not know, of my own personal knowledge, whether they had any joint transactions in racing—I used that expression, "I know no difference between yours and his," because I received the bills all at once, I knew no difference between them—I mean that both their names were on all the bills—I was at Shrewsbury with Palmer on the Wednesday—I know of several persons being ill there that day.</p>
<p>
<hi rend="italic">Q.</hi> What was the nature of the attack?
<hi rend="italic">A.</hi> I can speak of it for myself, it was a kind of diarrhoea—I had not vomiting, sickness, nor had others that I know of—I put up at the Haven Inn—I took my meals there, and my companions also—they were not ill, no one that stopped in the house, but one gentleman came there and dined with us one day, and he was</p>
<xptr type="pageFacsimile" doc="185605140076"/>
<p>taken unwell—I arrived at the Raven on the Monday night, and left on the Friday morning, I believe—I dined there every day—I dined there on the Tuesday—Mr. Palmer did not dine with me on that day, or any other day—I saw Cook on the racecourse several times—the ground was very wet and damp—I remonstrated with Cook on the Thursday morning about his standing on the damp ground—that was after he had been taken ill on the Wednesday night—the last I saw of Palmer on the Monday in London was at a quarter past 3 o'clock, when I left—I was with him about three-quarters of an hour.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Were any of your party at the Raven ill betides yourself?
<hi rend="italic">A.</hi> None of our party—I know nothing myself of Mr. Cook's illness.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-142" type="witnessName">
<interp inst="t18560514-name-142" type="gender" value="male"/>
<interp inst="t18560514-name-142" type="surname" value="SLACK"/>
<interp inst="t18560514-name-142" type="given" value="FREDERICK"/>FREDERICK SLACK</persName> </hi>. I am porter at Mrs. Hawkes's boarding house, Beau
<lb/>fort-buildings—I remember Palmer being there on 1st Dec.—he wished me to get a basket of game ready for him, and he gave me the direction to put upon it, "Mr. William Ward, Stoke-on-Trent, Staffordshire"—he told me to get the game where I pleased, and some cod fish, and a barrel of oysters, a brace of pheasants, and one turkey—he did not wish the gentleman to know where they came
<hi rend="italic">from</hi>—he gave me the direction in the coffee room—I saw him write it—I gave the message to my mistress, Mrs. Hawkes—she got the turkey and pheasants, and I got the fish and oysters—I got the hamper, and put the things all in, sewed the hamper up, and took it to the railway, directed as I had been ordered.</p>
<p>
<hi rend="italic">Adjourned.</hi> </p>
<p>
<hi rend="italic">Saturday, May</hi> 17
<hi rend="italic">th.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-143" type="witnessName">
<interp inst="t18560514-name-143" type="gender" value="male"/>
<interp inst="t18560514-name-143" type="surname" value="BATES"/>
<interp inst="t18560514-name-143" type="given" value="GEORGE"/>GEORGE BATES</persName> </hi>. I was brought up a farmer, I am not in business at all now. I know the prisoner William Palmer—I have known him eight or nine years—in Sept, Oct., and Nov. of last year, I used to see that his lad did his duty by his breeding stock of horses—I used to look after his stock, to see that the boy who had the care of his horses did his duty—I had no stated salary; I used to receive money occasionally—I really cannot say what I had per week; some weeks I used to receive two sovereigns, and some one—I lodged in Rugeley—I paid 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. per week for my lodging—I am not a married man—I knew John Parsons Cook, the deceased—I have no doubt I saw him in Sept. last at the prisoner's house—I could not fix the date; but I am certain I had seen him there in Sept.—I dined with him I believe in the month of Sept., at Mr. Palmer's; I have occasionally gone to dine at Mr. Palmer's.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then you sat at table with him?
<hi rend="italic">A.</hi> Of course.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> Do you remember either during dinner or after dinner anything being said about an insurance to be proposed on your life?
<hi rend="italic">A.</hi> After dinner I do, it was in Mr. Palmer and Mr. Cook's presence—what was said about it, and who began the conversation I cannot say; it was either Mr. Cook or Mr. Palmer, but which I cannot say—(
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">submitted, that this evidence was irrelevant to the present inquiry.</hi> The
<hi rend="smallCaps">AT-TORNEY-GENERAL</hi>.
<hi rend="italic">offered it as affording one amongst other motives for that which was charged to the prisoner, and also as showing the position in which he was placed at that time pecuniarily; it being an insurance fraudulently effected for the purpose of raising money upon it. The</hi>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">was of opinion, that it was too remote to be admissible</hi>)—I remember the death of Mr. Cook at the Talbot Arms, and the inquest being held—I know William Webb Ward, the Coroner—I saw the prisoner on the evening of 8th Dec., while</p>
<xptr type="pageFacsimile" doc="185605140077"/>
<p>the inquest was being held—I believe the prisoner gave me a letter—this is the letter (
<hi rend="italic">looking at it</hi>)—he told me to go to Stafford and give it to Mr. Ward—this was between 9 and 10 o'clock in the morning—at the time gave me that letter, he gave me a letter directed to a man of the name he Frantz, a dealer in game, in Stafford—he told me there would be a packag of game from Frantz, I was to direct it to Mr. Ward and send it to him—he said nothing more than that I should have the game from Frantz, and I was to send it to Mr. Ward—I got a basket of game from Frantz, upon the order that the prisoner had given me—I directed it to "Webb Ward, Esq., Core
<lb/>ner, Stafford," and sent it to him—I will not take my oath whether it was "coroner" or "solicitor, Stafford"—I directed it from what Palmer told me; that I should have some game, and that it was to be sent to him—I gave a man 3
<hi rend="italic">d</hi>. to take it—I went afterwards to the Dolphin Inn, at Stafford—I believe I delivered this letter to Mr. Ward himself—I found him at the Dolphin, in Stafford, in the smoking room—I told him I wanted to speak to him, and he followed me out into the yard or passage, and I gave it to him there—there were other people there in the room where he was—I had no directions from the prisoner as to how I was to deliver the letter to him—I saw the prisoner again when I went back to Rugeley that night—I told him what I had done—I told him I had delivered the letters I took to Stafford that day, and that I had sent the game—on Thursday, 10th Dec., I was sent for to the prisoner's house early in the morning—I think it was about 12 o'clock, about mid day—I found him in bed—he wanted me to go Stafford to take Webb Ward a letter, and to take care no one saw me give it—on the Saturday he had said something to me about getting some money, and I went to a man and took him some money from a man in Staf
<lb/>ford—before I set out the day I took the letter, he said, "Go to
<hi rend="italic">Ben</hi> and tell him I want a 5
<hi rend="italic">l</hi>. note"—I took
<hi rend="italic">Benio</hi> be Mr. Thirlby, his assistant, Ben
<lb/>jamin Thirlby—he said, "Tell him I want a 5
<hi rend="italic">l</hi>. note, that I have no small change"—I believe then he asked me to look in a drawer in the dressing glass that stood on the table, and he said, "Tell me the amount of that bill, George;" I looked in, and there was a 50
<hi rend="italic">l</hi>. Bank of England bill—I left it there—this was before he gave me the letter to take to Mr. Ward—I then went to Thirlby's house for the 5
<hi rend="italic">l</hi>. note—I got a 5
<hi rend="italic">l</hi>. note on a local bank, which, I believe, was Bridgenorth—I took it to Mr. Palmer's, and I went down stairs—I left Palmer in his room, the writing things were on the bottom of his bed—he was still sitting up in bed—I remained down stairs about half an hour—I remained in the yard or the kitchen—when I went up again Palmer asked me what was the amount of the bill which was in the drawer; I just looked at the drawer, and there was the same bill which I believe I had left there; then he gave me the letter to go to Stafford—I could not swear whether it was sealed or wafered—I delivered that letter between the railway station and an inn called the Grand Junction—I followed Mr. Ward through the room in the station, and gave it to him on the flags—I believe he crumpled it in his hand and put it in his pocket—he did not read it in my presence, he did not open it in my presence—I told Mr. Ward from whom I had brought it—I believe I went back to Rugeley after having done this—I saw the prisoner again that evening—I told htm I had given Mr. Ward the letter—I do not think he made any answer to me.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SBBJBAMT SHEE</hi>.
<hi rend="italic">Q.</hi> You can tell me, I dare say, what was the establishment of horses belonging to Mr. Palmer, at Rugeley; how many mares in foal had he to begin with?
<hi rend="italic">A.</hi> I think there were four brood mares, and four yearlings, and a three year old mare—I could not pre
<lb/>tend to tell the value of the stock myself—I have heard that one of them sold</p>
<xptr type="pageFacsimile" doc="185605140078"/>
<p>for 800 guineas—I cannot say whether any of them were in foal shortly before, or at the beginning of the month of Nov.—I should suppose there were some in foal—the stables were at some short distance from his house, at the back of it—the stables were at the paddock—I should think he had twenty
<lb/>one or twenty-two acres of ground there—the fences were live, growing hawthorn.</p>
<p>
<hi rend="italic">Q.</hi> Do you remember, shortly before the month of Nov., or in the early part of Nov., a mare called the Duchess of Kent, slipping her foal?
<hi rend="italic">A.</hi> I remember the Duchess of Kent being there; we supposed she had slipped her foal, but we nerer could find it—there was a mare called Goldfinder's Dam—she had not slipped her foal, that I am aware of.</p>
<p>
<hi rend="italic">Q.</hi> Had any complaint been made about dogs going about the paddock)?
<hi rend="italic">A.</hi> I think I once said to Harry, "The turf seems a good deal cut up here; how is it I"—Harry is the groom—I saw the turf cut up, which I supposed to be with horses' feet, which they could not cut up without they had galloped—I attributed it to the mares galloping about—I never saw any dogs run them—I have seen a gun at the paddock—I cannot say it belonged to Mr. Paliser—I never saw it used—I never had it in my hands to examine it; I saw it in the place where the com was kept—Harry's surname is Hockey, I think—I do not know inspector Field by sight—I saw a person who came to me, who they told me was inspector Field, after he went away—I cannot take upon myself to say when he came; it was the latter end of Sept. or the beginning of Oct., or may be
<hi rend="smallCaps">NOV</hi>.—he did not tell me he was inspector Field—I cannot tell whether he saw Palmer—I will not say whether it was Sept., Oct., or Nov. that I first saw that person, he was a stranger to we—I did not see him more than once at Rugeley—I do not know Fiald—when I went down stairs about this 5
<hi rend="italic">l</hi>. note, I saw a man named Gillard in the yard—I believe he is a sheriff's officer—I cannot say whether he saw Palmer that day.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You saw Gillard oa the day you took the letter to Mr. Ward?
<hi rend="italic">A.</hi> Yes—when I saw the turf cut up from horses having been running about there, I should say id must have been shortly after hay harvest—I should ftink it was the latter end of Sept.; but I could not say to a mouth which way it was—I remember the time of Mr. Cook's death—how long it was before that I really cannot charge my mind.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-144" type="witnessName">
<interp inst="t18560514-name-144" type="gender" value="male"/>
<interp inst="t18560514-name-144" type="surname" value="CURLING"/>
<interp inst="t18560514-name-144" type="given" value="THOMAS BLIZZARD"/>THOMAS BLIZZARD CURLING</persName> </hi>. I am a Fellow of the College of Surgeons, and surgeon to the London Hospital. I have turned my attention parti
<lb/>cularly to the subject of tetanus—I have published a work on that subject—tetanus signifies spasmodic affection of the voluntary muscles of the body—of the disease, there are two sorts only, idiopathic and traumatic—there are other diseases in which we see tetanic contraction, but we should not term them tetanus—idiopathic tetanus is a primary disease, it is tetanus originating, as it were, as a primary disease, without any wound apparently self-generated—the traumatic proceeds from a wound.</p>
<p>
<hi rend="italic">Q.</hi> From what causes, as for as you are aware, does idiopathic tetanus arise?
<hi rend="italic">A.</hi> From exposure to damp and cold; from the irritation of worms in the alimentary canal—it is not a frequent disease in this country, a very rare one—where it does arise, it does not usually end fatally—I am not able to say what proportion the cases which end fatally bear to the general number of cases which arise, for I have never seen a case of idiopathic tetanus—I have been surgeon to the London Hospital twenty
<lb/>two years—in all that time I have never seen a case of idiopathic tetanus—cases of traumatic tetanus are much wore frequent—I speak quite within compass when I say I have seon fifty cases; I believe 100 would be nearer the mark.</p>
<xptr type="pageFacsimile" doc="185605140079"/>
<p>
<hi rend="italic">Q.</hi> Will you tell us how the symptoms of traumatic tetanus first manifest themselves, and describe how the disease goes on to it's climax?
<hi rend="italic">A.</hi> The disease first manifests itself
<hi rend="italic">by</hi> a stiffness about the jaws and the back of the neck—rigidity of the muscles of the abdomen usually sets in early—a dragging pain at the pit of the stomach is almost a constant symptom from spasm of the diaphragm, and in many instances in acute oases the muscles of the back are extensively affected; then the spasms, though continuous, are liable to aggravation and come on in occasional paroxysms—as the disease goes on, these paroxysms become more frequent and more severe—when they occur, the body is drawn backwards—in some instances, though less fre
<lb/>quently, it is bent forwards—then, in an acute case, a difficulty in swallow
<lb/>ing is a very common symptom—a difficulty in breathing also during the paroxysm, a choking sensation—the disease may end, supposing it to be fatal, in two ways: the patient may die somewhat suddenly of suffocation, owing to closure of the opening of the windpipe, or glottis; or the patient may be worn out by the severe and painful spasms, and the muscles may relax, and the patient gradually sink and die—traumatic tetanus is generally fatal—the locking of the jaw is an almost constant symptom in tetanus from wounds.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then lockjaw is a common symptom of traumatic tetanus?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Is it an invariable symptom?
<hi rend="italic">A.</hi> Almost constant—may say constant, in a greater or less degree; it is not always strongly marked, but generally so—it is an early symptom—have omitted another symptom which is important, a peculiar expression of the counte
<lb/>nance, very characteristic of the disease—it shows itself generally throughout the countenance.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is this peculiar to traumatic or idiopathio tetanus?
<hi rend="italic">A.</hi> I be
<lb/>lieve not—my observations are taken from traumatic cases.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> What is the appearance? can you describe it?
<hi rend="italic">A.</hi> There is a contracted condition of the eyelids, a raising of the angle of the mouth, a contraction of the brow—in traumatic tetanus the lower extremities are sometimes affected, and sometimes, but somewhat rarely, the upper; the muscles affected are chiefly those of the trunk—when the muscles of the extremities are affected the period of the disease at which that occurs varies; sometimes, when the wound is in the lower extremities, the muscles of the extremities may be affected early—if you have a wound on either the arm or the legs, they are affected generally at an advanced period—I never knew or read of traumatic tetanus being produced from sore throat or from chancre—know of no instance of any syphilitic sore leading to tetanus—think it is a very unlikely case.</p>
<p>
<hi rend="italic">Q.</hi> How long, ordinarily speaking, does a case of traumatic tetanus, which ends fatally, take before death ensues?
<hi rend="italic">A.</hi> It varies very much, from twenty
<lb/>four hours to three or four days, or longer—the shortest period which ever came to my knowledge in which the disease ran it's course and ended fatally, was eight or ten hours; the time could not be precisely ascertained—the disease, when once commenced, is continuous—never knew or heard of a case in which a man would be attacked one day, and then have twenty
<lb/>four hour's entire respite, and be attacked again the next—as
<hi rend="italic">far</hi> as my experience goes, such a thing could not be—should think it was not tetanus—heard the account given by Mr. Jones, the surgeon, of the death of the deceased man Cook—the symptoms there were not consistent with any form of traumatic tetanus which has ever come under my knowledge or observation.</p>
<p>
<hi rend="italic">Q.</hi> What distinguished them from the cases of traumatic tetanus which</p>
<xptr type="pageFacsimile" doc="185605140080"/>
<p>you have described?
<hi rend="italic">A.</hi> There was the sudden onset of the fatal symptoms—in all cases that have fallen under my notice the disease has been preceded by the milder symptoms of tetanus, gradually progressing to their complete development and termination and death—I heard also the description whicih was given by the woman Mills of what he went through on the Monday night—in my judgment, those were not symptoms of tetanus, there was the ab
<lb/>sence of a continuity of symptoms between those two attacks—I am speak
<lb/>ing of tetanus generally—I am not alluding to traumatic tetanus especially.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You are asked if, according to the symptoms described by Elizabeth Mills, you think the patient was suffering from tetanus?
<hi rend="italic">A.</hi> I have said no—I mean not from the tetanus of disease.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Assuming tetanus to be synonymous with convulsive or spasmodic action of the muscles, was there in that sense tetanus on Monday night?
<hi rend="italic">A.</hi> No doubt there was spasmodic action of that muscles, but there was not what I should call either idiopathic or traumatic tetanus on the Monday night—I say that because of the sudden onset of the spasms and their rapid subsidence—they are not, in my opinion, con
<lb/>sistent with the true form of tetanus—there is a form of tetanus also called hysteric tetanus—that is rather hysteria combined with spasms, or tetanic symptoms—that does not end fatally; I do not know an instance of it—do not know an instance of that disease in a male, possibly there may be—I I know that certain poisons produce tetanus; nuz vomica, through its two poisons, the strychnia and the brucia—they are poisons of a cognate charac
<lb/>ter, only the brucia is much milder than strychnia—they both come from the nux vomica—I have never seen a case of human or animal life destroyed by strychnia—St. Ignatius's bean, I believe, is said to produce that effect—I do not know of it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You have stated that your experience is confined to traumatic tetanus; have you known that descrip
<lb/>tion of tetanus arise from any disease of the spinal cord?
<hi rend="italic">A.</hi> Spasms I have known arise from disease of the spinal cord—the irritation of any of it's afferent nerves might be likely to produce tetanus—afferent means nerva proceeding to the spinal cord.</p>
<p>
<hi rend="italic">Q.</hi> You have stated your opinion that almost constantly traumatic tetanus commences by lock jaw with greater or less violence or intensity; do you agree with this opinion of Dr. Watson, in his "Lectures on the Principles and Practice of Phsic," that "in four cases, perhaps, out of five, the disease begins with trismus or lock jaw?"
<hi rend="italic">A.</hi> I think I do.</p>
<p>
<hi rend="italic">Q.</hi> With reference to the causes which may produce all the symptoms of tetanic convulsions, do you agree with Dr. Watson that it may arise from causes as slight as these, the sticking of a fish bone in the fauces, a slight wound of the ear by a musket shot, the mere stroke by a whip lash under the eye, though the skin be not broken, from the cutting of a corn, from a bite on the finger by a tame sparrow, from the blow of a stone on the neck or hand, from the insertion of a seton, from the extraction of a tooth, from the operation of cupping, and simple things of that character?
<hi rend="italic">A.</hi> I do; except, perhaps, from the concussion of the ear by the musket ball: I should, perhaps, question that one—I know of no well authenticated instance of traumatic tetanus occurring as shortly as a quarter of an hour after a slight injury.</p>
<p>
<hi rend="italic">Q.</hi> You told my friend you wrote a treatise on tetanus, which I see obtained the Jacksonian prize for the year 1834; did you inquire into the following case before you gave it as an instance: "Another rapidly fatal case is mentioned by the late Professor Robertson, of Edinburgh; a negro</p>
<xptr type="pageFacsimile" doc="185605140081"/>
<p>having scratched his thumb with a piece of broken china, was seized with tetanus, and in a quarter of an hour after the injury he was dead?
<hi rend="italic">A.</hi> I did refer to the authority as far as I could, but I did not find any reference to it except in the Encyclopædia; and when I wrote that book I was a young man of twenty-two years of age—I think I am of maturer judgment and greater experience now—idiopathic tetanus would not be 90 likely to bring a patient to the hospital as a sudden wound leading to traumatic teta-nus—idiopathic tetanus would possibly have come more likely in the first instance under the notice of a physician than a surgeon.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you known any case of idiopathic tetanus in this country?
<hi rend="italic">A.</hi> Yes, I have heard and read of such oases.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHRE</hi>.
<hi rend="italic">Q.</hi> Do not you know that very lately there was a case in the London Hospital in which tetanus came on so rapidly, or rather so unaccountably, that it was referred to strychnia, and it was thought necessary to examine the stomach of the patient to see whether strychnia, existed?
<hi rend="italic">A.</hi> I knew that before the history of the case was investigated—I have heard that the body being examined, no strychnia was found.</p>
<p>
<hi rend="italic">Q.</hi> And do you not also know, on a full examination of the body, symp
<lb/>toms of old syphilitic ulcers on the arms were discovered?
<hi rend="italic">A.</hi> I do know that sores were discovered.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Bid you superintend that case yourself?
<hi rend="italic">A.</hi> No, I did not—it was not my patient—I did not personally see the patient—he was only in the hospital half an hour.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Do you know who did?
<hi rend="italic">A.</hi> The house sur
<lb/>geons, who are now in Court—I do not think it is very likely that the irri-tation of a syphilitic sore by wet, cold, drink, mercury, or mental excitement, would lead to tetanic symptoms—I think the irritation likely to lead to anything of that kind may be produced from friction, as in the case in the hospital to which you alluded, but syphilitic sores are not much exposed to friction, in the throat, I mean—the irritation from a sore would fairly justify the case being termed traumatic—cases very rarely occur which it is difficult to class under the head of traumatic, as distinguished from idiopathic tetanus—I class the irritation of the intestines under idiopathic—epilepsy is not sometimes accompanied with tetanic contractions; by prolonged con
<lb/>tractions, continuous contractions, as contradistinguished from spasmodic—that is not the character of the spasms of epilepsy.</p>
<p>
<hi rend="italic">Q.</hi> Are not the contractions of epilepsy sometimes continuous, so that the hand will be twisted into various forms, and remain rigidly fixed in those forms?
<hi rend="italic">A.</hi> Not continuously; I think not for five or ten minutes together.</p>
<p>
<hi rend="italic">Q.</hi> As to convulsions generally, without reference to wounds, does it not frequently happen that convulsions attributable to no cause, the trace of which cannot be found in the body after death by any disease or lesion of any kind, are known to have occurred in the most violent and spastic way, and to have exhibited the appearance of tetanic convulsions?
<hi rend="italic">A.</hi> No instance of the kind has fallen under my observation.</p>
<p>
<hi rend="italic">Q.</hi> Do you agree in this opinion of Dr. Copland, who is an authority of considerable eminence, in his "Dictionary of Practical Medicine," under the head of "General Convulsions," "The character of the abnormal con
<lb/>traction of the muscles is in some cases of the most violent and spastic nature, frequently of some continuance, the relaxation being of brief dura
<lb/>tion, or scarcely observable, and in others nearly or altogether approaching to tetanic"?
<hi rend="italic">A.</hi> I should rather speak from my own observation—I have not observed anything of the kind.</p>
<xptr type="pageFacsimile" doc="185605140084"/>
<p>
<hi rend="italic">Q.</hi> Is this definition of general convulsions correct in your opinion, "Violent and involuntary contractions of a part or of the whole body, some
<lb/>times with rigidity and tension, tonic convulsions, but more frequently with tumultuous agitation, consisting of alternating shocks, chloric convulsions, that come on suddenly either in recurring or distinct paroxysms, and in irregular and uncertain intervals"?
<hi rend="italic">A.</hi> It may be a correct definition; but one has to read over very carefully a statement of that kind before one would give wholly one's consent to it—I do not think it often happens that an adult patient dies of convulsions, spasmodic in the sense of their being tumultuous and alternating, and tonic in the sense of exhibiting a continuous rigidity, and yet after death no disease is found—I know of no instance—I do not know from my reading and science, as a writer on tetanus, and one who has attended to this description of complaint, that it is so.</p>
<p>
<hi rend="italic">Q.</hi> Is this true, I read it from your own book, "Tetanus is a functional disease of the nervous system, that is to say, a disease unaccompanied with any perceptible lesion of structure, the nature of which, although essentially distinct from inflammation, is completely unknown, and there are, there
<lb/>fore, no morbid changes peculiar to tetanus, and by which it can be recog
<lb/>nised"?
<hi rend="italic">A.</hi> If your previous question, as well as this, has reference to morbid appearances, I have no hesitation in saying persons do die of tetanus and other diseases without morbid appearances after death—in respect of general convulsions not so marked as to be properly classed as tetanic, I do not think that they sometimes happen suddenly without any premonitory symptoms, and sometimes are preceded by premonitory symptoms; but I have not really observed the case.</p>
<p>
<hi rend="italic">Q.</hi> I must ask you whether you agree in this, whether in convulsions not so marked as to be tetanic, they are not constantly preceded by nausea, retching, and vomiting, pain, and distension of the stomach, and left hypo
<lb/>chondrium, and flatulence of the stomach and bowels, and other dyspeptic symptoms?
<hi rend="italic">A.</hi> The class of cases you allude to do not come under my observation as a hospital surgeon—I think it is very likely that general convulsions are often accompanied with yelling and shrieking—I do not know that they frequently terminate in death, and that the proximate cause of that death is spasm of the respiratory muscles, inducing asphyxia—the Pacchionean glands are not in the spinal sheath; they are in one of the fissures of the brain.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> These general convulsions, about which my friend asked you some general questions, are they distinguishable from tetanus, properly so called?
<hi rend="italic">A.</hi> Yes—a medical practitioner, who saw a case of general convulsions, would be able at once, if a man of competent skill, to know the difference between such symptoms as those and of tetanus, which I have been talking of—there is generally loss of consciousness—one of the characteristic features of tetanus is that the consciousness is not affected.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-145" type="witnessName">
<interp inst="t18560514-name-145" type="gender" value="male"/>
<interp inst="t18560514-name-145" type="surname" value="TODD"/>
<interp inst="t18560514-name-145" type="given" value="ROBERT BENTLEY"/>DR, ROBERT BENTLEY TODD</persName> </hi>. I am a physician, and have been in prac
<lb/>tice twenty-five years. I am physician to King's College Hospital, and have been so about twenty years—I have also lectured on physiology and ana
<lb/>tomy, but do not now—I have directed my attention to the disease called tetanus, have lectured upon it, and have published my lectures; and also to the diseases of the nervous system generally—I agree entirely with the last witness in his distinction between idiopathic and traumatic tetanus—I have seen two cases of what seemed to me to be idiopathic tetanus, but it is a very rare thing in this country.</p>
<xptr type="pageFacsimile" doc="185605140085"/>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How do you define idiopathic tetanus?
<hi rend="italic">A.</hi> define idiopa
<lb/>thic tetanus to be that form of tetanus which is produced without any external wound, and apparently from internal causes; from a constitu
<lb/>tional cause.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You would not include in that, I pre
<lb/>sume, a case of tetanus resulting from poison?
<hi rend="italic">A.</hi> I think myself, that the term tetanus ought not to be applied to cases of poisoning for the symptoms are so essentially distinct from the disease—I should designate the symptoms tetanic in order to distinguish the character of the convul
<lb/>sions—I have had under my observation cases of traumatic tetanus—in cases of traumatic tetanus arising from some lesion, the symptoms are precisely the same, as in cases of idiopathic and traumatic tetanus—the disease begins with stiffness about the jaw—the symptoms then extend themselves to the other muscles of the trunk of the body, and the symptoms gradually deve
<lb/>lops themselves—when once disease has begun there are remissions, but I should say not complete and entire remissions—there is a diminution of the severity, but not a total subsidence; the patient does not express himself as quite comfortable or well—I speak from my own experience solely—as to the usual period that elapses between the commencement and the termination of the disease, the cases may be divided into two classes; there is an acute class and a chronic class, the acute cases will terminate in the course of three or four days, chronic cases will go on from nineteen to twenty
<lb/>two or twenty
<lb/>three days, and perhaps even longer—I do not think that I have known a case in which death occurred within four days in my own experience, but I know that some cases are related—in tetanus properly speaking, the extre
<lb/>mities are affected, but not so severely as the muscles of the trunk—the affection of the extremities is at a late stage—the locking of the jaw is an early symptom—epilepsy does not 'produce tetanus or tetanic symptoms—it will produce convulsions, and sometimes the convulsions of epilepsy assume somewhat of a tetanic character, but they are essentially distinct from tetanus; they are very different from tetanus—when the epileptic con
<lb/>vulsions assume somewhat of a tetanic form they are very quickly over, not persistent, not continuous—in epilepsy there is an abolition of consciousness for the time: that is a distinguishing feature of epilepsy as distinguished from all other convulsive diseases, and from tetanus—I should say that apoplexy is not accompanied with tetanic convulsions; perhaps I may be allowed to state that sometimes when there is an effusion of blood into the brain, and a particular portion of the brain is involved for a time, an apo
<lb/>plectic patient may exhibit something of tetanic convulsions, the muscles are thrown into short tetanic convulsions—the consciousness in such a case would be completely destroyed—having heard the symptoms described of this gentleman's seizure and death, and also the appearances after death at the
<hi rend="italic">post mortem</hi> examination, I am not of opinion that there was either epilepsy or apoplexy.</p>
<p>
<hi rend="italic">Q.</hi> You have been in attendance on Mr. Bamford?
<hi rend="italic">A.</hi> I have seen him, with Dr. Tweedie—I have not seen him this morning, Dr. Tweedie has—he has had a severe attack of English cholera—I was very apprehensive of him for some hours.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-146" type="witnessName">
<interp inst="t18560514-name-146" type="gender" value="male"/>
<interp inst="t18560514-name-146" type="surname" value="TWEEDIE"/>
<interp inst="t18560514-name-146" type="given" value="ALEXANDER"/>DR. ALEXANDER TWEEDIE</persName> </hi>. I have been in attendance on Mr. Bamford—I saw him this morning; he has been labouring under a severe attack of English cholera—I should say that he is not able to attend and give evidence as a wit
<lb/>ness (
<hi rend="italic">Dr. Bamford's deposition before W. W. Ward, Esq., Coroner, was read as follows</hi>; I am a surgeon, residing at Rugeley. I attended upon Mr. Cook, at the</p>
<xptr type="pageFacsimile" doc="185605140086"/>
<p>request of Mr. Palmer—I first saw him about 3 o'clock, on Saturday, 17th Nov.—I found him suffering from violent vomiting—his stomach could not retain a table spoonful of anything—he was in bed—I saw no other symp
<lb/>torn except sickness—he was in no pain—his pulse did not exceed seventy
<lb/>two—perfect moisture of the skin—perfectly sensible, no other symptom what
<lb/>ever, I prescribed the medicine for him—Mr. Palmer went up to my house—I prescribed a saline medicine to be taken in an effervescing state—in the evening Mr. Palmer called upon me between 7 and 8 o'clock to request I would go with him again—I then saw the deceased—sickness still continued—I gave him a slight opiate—Palmer stayed until I prepared the pills, and he took them away with him—I did not go with Mr. Palmer when he took the pills—between 5 and 9 o'clock on the Sunday morning Mr. Palmer called upon me again—I went with him—I saw Mr. Cook in presence of Mr. Palmer—he was still sick, and continued so—I remained with him about ten minutes, and he continued to eject all he took—he then asked me to neutralize the medicine, as he did not like to take it in an effervescent state—I did not see him take anything—I did not examine what came from him—I saw several basins, and saw him throw up—the vomit was clear—I saw no appearance of bile, or in any way discoloured—he did not throw any blood from his stomach—what came from it was as clear as water—I saw him again between 6 and 7 o'clock on the Sunday evening—Mr. Palmer asked me to go with him—he still continued sick and bad—no pain what
<lb/>ever—the skin quite moist when I saw him, he said his bowels had been moved twice or three times—his motions were in a natural state, and con
<lb/>tained bile—no blood was with the motions—I made pressure upon the stomach, but he did not complain of any tenderness or pain whatever—I last saw him on Sunday, between 5 and 9 o'clock in the morning; he still complained of sickness, and had thrown up—on Monday I altered his medi
<lb/>cine—I mixed the medicine and sent it to the Talbot; it was a draught to be taken every three or four hours—it was composed of three drachms of sulphate of magnesia, two of hyoscyamus, simple syrup, and one and a half drachm of tincture of henbane and five oz. of infusion of roses, made up in a six 02. bottle—a fourth part to be taken every three or four hours—I did not see him take the medicine—I saw the bottle in his bedroom, and some of it had been taken—he said the medicine agreed with him, and he had not been sick-since he took it—he had taken a basin of coffee, and a basin of broth; he said he should continue the medicine as it had done him a great deal of good—I saw him in the evening again, between 6 and 7 o'clock—he said he had been up and was comfortable, and wanted the two pills again in the evening, which I prepared and sent down—I sent them by my servant—I did not at any time see any pill box in the room—he had taken pills on each night from Saturday—they contained half a grain of morphia, one grain of calomel, four grains of rhubarb, divided into two pills, they were made up with a conserve of hip—between 7 and 8 o'clock on Tuesday morning I met Mr. Palmer in the street—he said he had been with Mr. Cook, that he was composed, and appeared very quiet and comfortable, and he did not wish him disturbed—on the same night Mr. Palmer called upon me between 7 and 8 o'clock, and asked me to go down—this was between 7 and 8 o'clock—he intro-duced me to Mr. Jones, of Lutterworth—in the presence of Mr. Jones and Mr. Palmer I again examined Mr. Cook—this was the first time I saw any change in him—he was irritable and uncomfortable—his pulse was then between 80 and 90, a full pulse and firm—his mind appeared distressed</p>
<xptr type="pageFacsimile" doc="185605140087"/>
<p>and irritable—he turned himself round in the bed, his face from me; stood on the left hand side of the bed, and Mr. Jones and Mr. Palmer on the other—he turned towards Mr. Palmer, and said, "I will hare no more pills to-night"—Cook said he would take no more medicine—Mr. Jones and Mr. Palmer came out of the room with me; we had a consultation together afterwards—Mr. Palmer and I went to my house—I made the pills in his presence—he asked me to write a direction; it was on a slip of paper, and was wrapped up with the box—they were the same pills I had before prescribed—I sealed them and gave them to Mr. Palmer—about a quarter past 12 o'clock on Wednesday morning I was called up and desired to go immediately to the Talbot—I there found Mr. Cook dead, and Mr. Jones and Mr. Palmer stood by his bed side—the body was not then cold—his body was perfectly straight, and he lay on his back—I left Mr. Palmer and Mr. Jones in the room—I was present at the
<hi rend="italic">post mortem</hi> examination, Mr. Devonshire made it—Dr. Harland, Mr. Palmer, and" Mr. Newton were also present—the examination was made on 26th Nov., six days after death—the body had not changed colour—the stomach was opened, and nothing particular was found there—the intestines, there were secretions in the lower part of the bowels—I could not discover the cause of death—the heart was quite empty—I thought the vessels of the brain, after the skull was removed, were rather full—there did not appear to be any congestion of the brain—the lungs were perfectly healthy—they were not in the least congested, they did not appear diseased—I did not then notice the Mood—there was nothing in the blood to attract my attention—the effervescing mixture was twenty grains of carbonate of potash, two drachms of com
<lb/>pound tincture of cardamums, about two drachms of simple syrup and water—the acid was fifteen grains of tartaric acid in powder, fifteen grains in each paper—I keep the preparations of antimony, but gave him none—it was the acetate of morphia I gave him—ho one but myself mixed up the medicines—I keep strychnine locked up in a cupboard in the parlour—I carry the key—I may have about two drachms—it is sometimes used as a medicine—I have not used it for the last lour or five years—I am quite sure I made the pills from the same bottle, and no other—I have tartarized antimony and tartaric acid, but not close together—tartarized antimony in a pound bottle, and tartaric acid in a four-ounce bottle—I did not see the effervescing mixture after I made it, and Mr. Palmer took it away—I saw the mixture afterwards, when a portion had been taken, but I did not see the powders—the bottle containing the morphia is an ounce one, and is a stopper bottle—the other, strychnia, has a cork—the strychnia is tied up with leather—deceased's tongue was perfectly clear all the three days I saw him—I prepared the pills by candle light—I did not particularly observe deceased's eyes on Tuesday evening—I mixed up eight pills altogether, but at different times—his skin was moist—there was no fever—the heart was entirely empty—when I saw Mr. Cook on the Monday he did not complain that he had been ill—when I saw Mr. Palmer on the Tuesday he did say that Mr. Cook had had a fit—he also Said that Mr. Cook had had two fits before, but that he had not been called to him—when Mr. Palmer called upon me first it was on the Saturday, and he told me that he had dined with Mr. Cook on the previous day, and he had taken too much champagne—I said to Mr. Cook, "I understand you have been taking a little too much champagne"—Mr. Cook said he believed he had had a little too much, and that he was not in the habit of taking much—I have attended other patients for Mr. Palmer—the paper produced, containing the words, "One</p>
<xptr type="pageFacsimile" doc="185605140088"/>
<p>pill directly, and repeated towards 10 o'clock," was the direction I sent with the first box of pills on the Saturday night—the other directions were different—they were, "The pills to be taken at bed time," or words to that effect—my opinion at the time deceased died was that he died from apoplexy—I certified to that effect—I think that the deceased died from the excite
<lb/>ment, from what I saw on the Tuesday night—I observed, when the skull was token off, that the blood vessels of the dura mater seemed enlarged and full—I have been a medical practitioner fifty-three years—I saw the brain divided—I am still of the same opinion as I was before I saw the body opened—I stated, in the presence of Dr. Harland, and those present, that I believed that deceased died of apoplexy—I saw the brain divided, and still I am of the same opinion—I should say the appearances I saw on the brain, after the skull cap was taken off, were sufficient to cause death—I attended Mrs. Palmer before her decease; also, Mr. Palmer's two—children; also, a gentleman who hail been staying at Mr. Palmer's a week or two—(he was no relation)—I cannot say that I have attended any one else for Mr. Palmer—those I attended all died—Mr. Palmer applied to me on the Sunday following deceased's death for a certificate, as deceased was to be buried the day following—I told him that, as it was his patient, he certainly ought to give a certificate—he wished me to fill the certificate up—he said, "I had rather you would give it"—I filled one up, out of my own book, at my house—he asked me what my opinion was as to the cause of death—I believe Mr. Palmer asked me for the certificate, before he asked me my opinion as to the cause of death—I cannot say that I ever knew apoplexy to produce rigidity of the limbs—I attributed the sickness the first two days I saw him, to the state of the stomach—on the Monday I saw Mr. Cook, he said he did not wish to take any medicine prepared either by Mr. Palmer or Mr. Jones, and that he wished me to prepare all his medicine—he told me on the Monday that he expected Mr. Jones, as a friend; that Mr. Palmer had had a letter from him that day, and that he would be here on the Tuesday.")</p>
<p>
<hi rend="smallCaps">DR. TODD</hi>,
<hi rend="italic">continued.</hi> Having heard that evidence read, and taking it into consideration, together with what I have heard about the symptoms from the other witnesses, I am certainly not of opinion that death was pro
<lb/>duced by apoplexy or from epilepsy—I never knew tetanus arise either from syphilitic sores or from sore throat—there are poisons which will pro
<lb/>duce tetanic convulsions—the principal of those poisons are nux vomica, which contains, as its active principle, strychnine and brucia, and Saint Ignatius's bean also—I have never seen a case of death in a human subject from that poison, but I have seen animal life destroyed by strychnine fre
<lb/>quently—I can scarcely charge my memory as to what is the smallest quan
<lb/>tity which I have administered to an animal to take away life, because in those cases you generally give a largish dose so as to shorten life and bring on the symptoms as quickly as possible; half a grain, perhaps—I should not like to give a quarter of a grain in a human subject—I think it likely in some subjects that half a grain would destroy life—I think a grain would—I have seen it tried on cats, dogs, and frogs—I should think half a grain would destroy a cat—the symptoms which show themselves in an animal after strychnine has been administered to it, consist of strong tetanic convul
<lb/>sions—I have never given it in the form of a pill, I have generally given it in solution—I suppose it would act more speedily in solution—it's beginning to act depends very much upon the dose, a large dose would begin in ten minutes, a small one in half an hour to an hour—when it begins to show it's</p>
<xptr type="pageFacsimile" doc="185605140089"/>
<p>effect, the symptoms are spasmodic action of the muscles, chiefly of the trunk and the spine—the spinal muscles produce a very marked opesthotonos, as it is called; the spine is drawn back, the head thrown back, and the trunk bowed in a very marked manner—the extremities are generally stiffened—there are violent jerks, and the muscles are all rendered stiff, and rigid, and hard from the spasm—that stifthess remains, once set in, it does not perfectly relax; fresh paroxysms come on, always accompanied by the peculiar curving back of the head and neck and spine—the movement of the muscles is a rigid jerk; I should call it a jerking motion—the legs and feet of the animal are forced out of their natural construction, decidedly—they are powerfully stiffened out, extended, and powerfully bent up, and jerked out again—the time it generally lasts before death puts an end to those struggles, would depend also on the intensity of the disease, but I should expect that death would be over very soon indeed, from a quarter of an hour to half an hour, unless it is a small dose, when the symptoms gradually subside; that is to say, if it is a dose not sufficient to destroy life.</p>
<p>
<hi rend="italic">Q.</hi> Is there, in your opinion, a marked difference between such a case where death ensues after taking strychnia, and a case of tetanus such as you were describing just now from idiopathic or traumatic causes?
<hi rend="italic">A.</hi> I think the distinction is very marked—the continuity of the symptoms in strychnine poisoning is very characteristic—as long as the poisonous influ
<lb/>ence lasts the symptoms last, but the poisonous influence will subside after a time, I mean, if it is not strong enough to cause death; and then the spasms do not return—in tetanus, the symptoms from the commencement are continuous; they go on as long as the patient's powers are capable of enduring—the shortness of the duration of the symptoms is decidedly in favour of strychnine poisoning—brucia is analogous to strychnine in its effects, but it is weaker—I do not know that it is one
<lb/>sixth the strength of strychnia—there are no other poisons that produce convulsions of a tetanic character that I know of—having heard the symptoms described which attended this gentleman's death, in my opinion they are not referable to idiopathic or traumatic tetanus—I never saw a person die from the admini
<lb/>stration of strychnia—I have seen a person suffer from the administration of an over-dose—one instance I perfectly recollect, and I may have seen another—the patient there had taken too much—it was given medicinally—there was the oposthotonos, such as I have described in the case of animals, and there was consciousness perfectly retained—in that particular case there was also dilatation of the pupils—there was a peculiar convulsion of the muscles of the trunk, causing oposthotonos, and the limbs were stif
<lb/>fened out, and there was an oppression of the breathing—the difficulty of breathing is common to both tetanus, properly so called, and to tetanic con
<lb/>vulsions from strychnia, from the effect produced en the respiratory muscles—in the case I am speaking of, where the patient took too ranch, my impression is, if there was any action in the jaw. it was very slight.</p>
<p>
<hi rend="italic">Q.</hi> Does it occur to you, as distinct from cases of real tetanus, that in the case of Mr. Cook he was able to swallow a liquid?
<hi rend="italic">A.</hi> I think it is an important distinction, not so much that he was able to swallow, as that he seems to have been able to swallow sufficiently easily, and that there was no rigidity of the muscles of the jaw, and none of that peculiar description of countenance which Dr. Curling described in cases of tetanus from disease or from wounds—the patient was affected who took the over
<lb/>dose of strychnia, not more than an hour, or a couple of hours, and then it went off—judging from the cases I have seen of animal life destroyed by strvchnia, and the</p>
<xptr type="pageFacsimile" doc="185605140090"/>
<p>case of my patient who took too much of it, on the one hand, and the cases of idiopathic and traumatic tetanus on the other, and having heard the symptoms described which attended Mr. Cook's attack and death, I think the symptoms were those of tetanus from strychnia.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> I believe the effect in tetanus, whether idiopathic or traumatic, is the same on the nerves of the spine?
<hi rend="italic">A.</hi> It is not unlikely that it is so—the particular effect on the nerves is unknown—in the disorder of convulsions, there are cases sloping into each other by imperceptible grades, from mild convulsions to rigid tetanus—chronic convulsions may be severe as well as mild—chronic and tonic convulsions are essentially different—you may have a chronic and a tonic convulsion, but not in the same muscle—chronic is more the irregular action of the muscles, irregular action stimulating somewhat more the volun
<lb/>tary action, of a more violent kind—tonic is a more or less persistent con
<lb/>traction—I have published some lectures on "Diseases of the Brain and Nervous System."</p>
<p>
<hi rend="italic">Q.</hi> I find in that you say, "That tetanus may be produced through the blood, is shown by the results of the administration of strychnia, which exactly imitate the tetanic symptoms in every respect; so that you may at will develop the phenomena of tetanus in an animal by giving him strych
<lb/>nine, or injecting it into his blood, but you cannot cause it by external injuries;" there you say it imitates the tetanic symptoms in every respect; do you adhere to that opinion?
<hi rend="italic">A.</hi> I adhere to the opinion that it exactly resembles the convulsions of tetanus—the statement is incorrect if it be interpreted to mean that it produces the exact phenomena of the disease in a clinical sense.</p>
<p>
<hi rend="italic">Q.</hi> You have been describing a case of traumatic tetanus in this book, and then you say, "That tetanus may be produced through the blood, is shown by the results of the administration of strychnia, which exactly imitate the tetanic symptoms in every respect;" that is the symptom I presume you have been describing; you say also, in the same part of your work, "We may ask, what is the nature of the morbid process set up in these centres? Te that it may be confidently replied, as the result of repeated examinations, that it is not inflammation, nor anything allied thereto; and it may with quite as much certainty be affirmed that it is a state identical with that which strychnine is capable of producing"?
<hi rend="italic">A.</hi> I have no doubt the pecu
<lb/>liar irritation of the nerves in tetanus is identical with the peculiar irrita
<lb/>tion of the nerves in strychnine poisoning, but I should not say that trau
<lb/>matic tetanus admits of a great variety of symptoms.</p>
<p>
<hi rend="italic">Q.</hi> But sometimes one set of muscles are affected, and sometimes ano
<lb/>ther?
<hi rend="italic">A.</hi> I do not know that there is such a marked difference as that—there are cases with which I am familiar where the limbs are affected, but the limbs become affected late; after the jaw.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know any instance of the limbs being affected before the jaw?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Are you speaking from what you have seen, or what you have read?
<hi rend="italic">A.</hi> I do not recollect any instance where the limbs were affected before the jaw—I am sorry to say that I am not familiar with Dr. Curling's book.</p>
<p>
<hi rend="italic">Q.</hi> In the case I have just read, you state, "It fortunately happened that we were to have a post mortem examination under very favourable circumstances; it was made only four hours after death, when, if there had been any morbid appearances, they would have been free from the fallacy of</p>
<xptr type="pageFacsimile" doc="185605140091"/>
<p>
<hi rend="italic">post mortem</hi> change;" now is not the examination shortly after death, of the spinal cord, important?
<hi rend="italic">A.</hi> In a pathological point of view it is—there is, to a certain extent, a fallacy; there are morbid appearances produced by changes after death which sometimes simulate diseased conditions before death.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If there had been diseased appearances when examined some time after death, would there have been diseased appearances if the exami
<lb/>nation had been prior to it?
<hi rend="italic">A. I.</hi> think if certain diseased appearances had existed before death, they would have been recognisable as long as the spinal cord could be recognised.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Decomposition would alter the structure of the spinal cord?
<hi rend="italic">A.</hi> The signs of decomposition are sufficiently evident, they could be distinguished by any careful anatomist—supposing the spine to be affected by decomposition, you would not be able to speak with certainty as to simple softening, if the examination had been long after death.</p>
<p>
<hi rend="italic">Q.</hi> Now, you say in your book, "There was however," in the case which you have spoken of, "as I had anticipated, no morbid appearances which seemed to offer any explanation of the disease; the nervous centres, both brain and spinal cord, were perfectly healthy; perhaps the brain contained a little more blood than usual: a fact not to be wondered at when we con
<lb/>sider the violence of the paroxysms; the grey matter of the brain was perfectly natural, and its demarcation peculiarly distinct: indeed, this remarkable distinctness may have been morbid, and may have indicated an undue functional activity of these parts;" and you say, "This case illus
<lb/>trates the little hope we have of obtaining by
<hi rend="italic">post mortem</hi> examination any other than negative information as regards the particular state of the nerv
<lb/>ous system;" is it not the fact that the indications of tetanic disorder are slight?
<hi rend="italic">A.</hi> Not during life; but after death there is nothing in the port
<hi rend="italic">mortem</hi> examination on which any one could positively say that the patient died from the ordinary disease of tetanus—granules or small bodies dis
<lb/>covered in the arachnoid of the spine, would not be considered as indicating tetanus; I think granules on the spinal cord, such as I have heard described, are not likely to cause tetanus—I am not aware that in several cases the deposition of small patches has been discovered on the arachnoid—I know no cases which have been attended by Mr. Travers.</p>
<p>
<hi rend="italic">Q.</hi> In the animals which you saw, to whom strychnia was administered, did you observe, after the attack had come on, a remarkable intolerance of touch, that they could not bear to be touched?
<hi rend="italic">A.</hi> I should scarcely call it an intolerance of touch, but by touching them the spasms were apt to be excited—I observed, in some of those cases, that they went off into a second spasm immediately they were touched—that is commonly observed in animals poisoned by strychnine—as long as the influence of the poison lasts, that tendency remains; I cannot specify time; as long as the influence of the poison acts; I cannot tell you approximately—I examined anatomi
<lb/>cally several animals that were killed by strychnine—I observed the heart—I do not think the right ride of the heart was generally full—it was empty, I think, generally, and the heart contracted a good deal—in all the oases I think that I have seen, I have seen the heart contracted—I saw those cases at various times—I have not made any experiments lately—I dare say I did at the time take memorandums, but I cannot lay my hands on them—the last I saw were some years ago—I can undertake to speak distinctly from my recollection as to the state of the heart, that it was generally empty on both sides, not distended—in those cases where strychnine was admini
<lb/>stered,</p>
<xptr type="pageFacsimile" doc="185605140092"/>
<p>stored, I think the cause of death was partly due to the difficulty of action of the respiratory muscles, but chiefly to a general nervous exhaustion which the violence of the spasm produced—the difficulty of action of the respi
<lb/>ratory muscles would not tend to leave the heart full—I do not think strychnine asphyxiates; there are differences of opinion on that subject—I think it is not generally laid down in the books that animals die with true asphyxia.</p>
<p>
<hi rend="italic">Q.</hi> After describing the symptoms, Dr. Taylor says, "The symptoms soon cease after a short interval; the chest is so fixed as to give it an appearance of suffocation; after several of such attacks, the patient dies asphyxiated;" do you agree with that?
<hi rend="italic">A.</hi> No, I do not agree with that—I think if animals died asphyxiated, you would have invariably the right side of the heart frill of blood, which is not the case.</p>
<p>
<hi rend="italic">Q.</hi> I find Dr. Christison, in his book, describing the paroxysm, says, "At length a fit takes place more violent than any before it, and the
<lb/>animal perishes suffocated," which means pretty much the same thing as asphyxiated, does it not?
<hi rend="italic">A.</hi> The expression is frequently used loosely—I think "suffo
<lb/>cated" is used more loosely than "asphyxiated"—a person with spasm of the glottis, dies with spasm or asphyxia—if the animal dies asphyxiated, I think it is usual that the right side of the heart is filled with blood—patients sometimes have convulsions after taking morphia, but I think they are more of an epileptic character—I have never witnessed them—I know of such from my reading—morphia is a vegetable alkaloid, as strychnine is—the time in which, after morphia, the symptoms would come on, would, I should think, be very late.</p>
<p>
<hi rend="italic">Q.</hi> Later than in strychnia?
<hi rend="italic">A.</hi> It depends on the dose entirely—I cannot answer the question, it is not a subject I have studied—in any case of strychnia that I have witnessed, I cannot say whether I have seen the paroxysms come on as late as an hour and a half after the administration of the poison—I should consider it quite possible—I cannot remember—I have not seen, in cases of animals, the jaw fixed (trisxnus) in oases of strychnia poisoning, in any marked way—I have no doubt the muscles of the jaw may be affected to a certain extent, but not in the marked way in which it is in tetanus—I cannot say whether trisxnus is a frequent effect of strychnia—I cannot charge my recollection on that point.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> At all events, if it is a symptom, though not in a marked way, at what period of the affection does it generally come on?
<hi rend="italic">A.</hi> I should expect that trismus would come on soon, but it is not a marked symptom—in death from what I call tetanus, I should not expect to find anything particular about the heart—I have seen
<hi rend="italic">post mortem</hi> exami
<lb/>nations made where death has arisen from, trismus; in ordinary tetanus the heart is not filled; I have no doubt blood is sometimes contained in heart.</p>
<p>
<hi rend="italic">Q.</hi> Do you find a distinction in that respect between cases of ordinary tetanus and cases of tetanic convulsions after strychnia?
<hi rend="italic">A.</hi> Nothing very marked—my impression is, the heart becomes strongly contracted after strychnia, more than after ordinary tetanus—the spasm, I think, extends to the heart—that would expel the blood from the heart, though, perhaps, not all—it would prevent sufficient dilatation of the heart to receive its full supply.</p>
<p>
<hi rend="italic">Q.</hi> My friend asked you whether there were any cases of convul
<lb/>sions of the milder form going up to the extreme climax of tetanic rigidity; what are the distinctions? are they marked? would a medical</p>
<xptr type="pageFacsimile" doc="185605140093"/>
<p>practitioner have any difficulty in knowing a case of general convul
<lb/>sions as distinguished from a case of tetanic convulsions?
<hi rend="italic">A.</hi> I think not—I have said that it would be desirable, in a pathological point of view, to examine the spinal cord immediately after death, with a view to detect any abnormal condition of it—I heard the description given by the gentle
<lb/>men who did examine it, and from their description it appeared to me that those parts were in such a condition that any bony deposit would have been discovered, certainly—there would be no difficulty in discovering them, none whatever—they do not undergo any decomposition after death, at least not for a considerable time—I heard it mentioned that the muscles were in the same rigid condition; that struck me as a very remarkable feature in the case—I cannot speak with absolute certainty, because it is a feature quite new to me; I have only beard one fact, since this trial began, which was a case in which a eat was poisoned by strychnine, and the muscles continued to be rigid six days after death—I have not heard it on oath during the trial—I did not see it myself—I cannot tell you whether in cases of ordinary tetanus that rigidity continues for so long a period—I have inquired into the point, and cannot tell you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-147" type="witnessName">
<interp inst="t18560514-name-147" type="gender" value="male"/>
<interp inst="t18560514-name-147" type="surname" value=","/>
<interp inst="t18560514-name-147" type="given" value="BENJAMIN BRODIE"/>SIR BENJAMIN BRODIE., M. D</persName> </hi>. I was surgeon at St. George's Hospital for many years—I have had considerable practice—in the course of that practice I have had tinder my superintendence a great many cases of death from teta
<lb/>nus—death from idiopathic tetanus in this country, according to my expe
<lb/>rience, is very rare; the ordinary death from tetanus is from traumatic tetanus—I have carefully attended during the trial to the description given of the symptoms on the Monday night and the Tuesday night, attending the death of Mr. Cook—in my opinion, as far as there was spasmodic contrac
<lb/>tion of the muscles, the symptoms resembled those of traumatic tetanus, but as to the course which the symptoms took, that was entirely different—I attended to the detail of the narration of the attack on the Monday night, and its ceasing, and the patient being comparatively composed and comfortable during the Tuesday, and then to the attack again about 10 minutes before 12 o'clock on the Tuesday night.</p>
<p>
<hi rend="italic">Q.</hi> Will you explain in what respect the symptoms are entirely dif
<lb/>ferent?
<hi rend="italic">A.</hi> The symptoms of traumatic tetanus always begin, as far as I have seen, very gradually; the stiffness of the lower jaw being invariably the symptom first complained of; at least, so it has been, I believe, in my experience—the contraction of the muscles of the back is always a later symptom, generally much later—the muscles of the extremities are affected in a much less degree than those of the neck and trunk, except in some oases where the injury has been in a limb, and an early symptom has been spasmodic contraction of the muscles of that limb—I do not myself recollect a case of ordinary tetanus in which there was that contraction of the muscles of the hand which I understand was stated to have existed in this instance—then ordinary tetanus rarely runs its course in less than two or three days, and often is protracted to a much longer period—I know one ease only in which the disease was said to have terminated in as short a time as twelve hours, but probably in that case the early symptoms bad been overlooked—then I never knew these symptoms in ordinary tetanus to last for a few minutes, then subside, and then come on again after twenty-four hours—I think that those are the principal points of difference which I perceive between the symptoms of ordinary tetanus and those which I have heard described—I have not witnessed the tetanus or tetanic convulsions which are the result of strychnia—I have not witnessed them in the human form—I have not made any experiments myself—I do not believe that death here arose from</p>
<xptr type="pageFacsimile" doc="185605140094"/>
<p>what we ordinarily call tetanus, either idiopathic or traumatic—I never knew death from tetuuus as the result of sore throat, or the result of a chancre, or any other form of syphilitic disease; I never heard of a case—in my judg
<lb/>ment the symptoms of death, such as I have heard described, are not con
<lb/>sistent with a fit of apoplexy.</p>
<p>
<hi rend="italic">Q.</hi> Or epilepsy?
<hi rend="italic">A.</hi> Perhaps I had better say at once that I never saw a case in which the symptoms that I heard described arose from any disease—when I ray that, of course I refer not to particular symptoms, but to the general course which the symptoms took.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Have you had any experi
<lb/>ence of idiopathic tetanus?
<hi rend="italic">A.</hi> I believe I remember one case in our hospital in the physician's ward, which was shown me as a case of idiopathic tetanus, but I doubted its deserving the name of tetanus—it was a very slight case of tetanic convulsions—I do not remember the particulars—I have never seen the syphilitic poison produce convulsions, except as a consequence of disease in the bones of the head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-148" type="witnessName">
<interp inst="t18560514-name-148" type="gender" value="male"/>
<interp inst="t18560514-name-148" type="surname" value="DANIEL"/>
<interp inst="t18560514-name-148" type="given" value="HENRY"/>DR. HENRY DANIEL</persName> </hi>. I have now retired from the profession—for up
<lb/>wards of twenty-eight years I was surgeon to the Bristol Hospital—I was in practice nearly thirty years, and I was a student some eight or nine years—in the course of my experience and practice I had occasion to see a considerable number of cases of tetanus—if I take it at a very small ratio of one a year, it would be nearly thirty—I must have seen, I should say, certainly that number—they were not all from wounds—there were two certainly of idiopathic tetanus—one of those cases terminated fatally—one did not—idiopathic tetanus is a thing of very rare occurrence.</p>
<p>
<hi rend="italic">Q.</hi> Did you find in the cases of idiopathic tetanus that came under your observation any difference in the symptoms between them and traumatic tetanus?
<hi rend="italic">A.</hi> It appeared, in my judgment, simply a modified degree of the symptoms of ordinary traumatic tetanus, not so severe; arising from in
<lb/>ternal causes rather than external violence—I was not able to trace those two cases of idiopathic tetanus to any particular cause—I have heard the other witnesses describe the course which the symptoms of ordinary tetanus run—I agree in that from my experience—I heard the description given of the symptoms which accompanied the attack of Mr. Cook before his death—it appears to me that the circumstances of his attack are distinguishable from those cases of tetanus which came under my experience.</p>
<p>
<hi rend="italic">Q.</hi> Will you point out any instance in which you found a marked difference?
<hi rend="italic">A.</hi> I should repeat very probably the words of Sir Benjamin Brodie—the tetanus, as far as my experience goes, invariably begins with uneasiness in the lower jaw, followed by spasms of the muscles of the trunk, and most frequently extending to the muscles of the limbs—the muscles of the limbs are affected generally towards the end—lock jaw is almost invariably a symptom in these cases of tetanus, traumatic in particular—the commencement of lock jaw is one of the earliest symptoms—I do not recollect that clenching of the hands is a frequent symptom—I think I have seen it, but I do not think a clenched hand is an ordinary symptom of common tetanus; nor twisting of the foot so as to turn it out from its proper position—I do not remember that as a symptom.</p>
<p>
<hi rend="italic">Q.</hi> Of those twenty or thirty cases that have come under your personal experience, what has been the ordinary duration?
<hi rend="italic">A.</hi> have endeavoured, since the subject has been mooted, to recollect what was the shortest period, and I cannot recollect any case that took less than from thirty to forty hours—as surgeon to the Bristol Hospital, I have seen a good many cases of syphilitic disease—I never knew a syphilitic sore to produce tetanus—in</p>
<xptr type="pageFacsimile" doc="185605140095"/>
<p>my opinion, the symptoms which I have heard described in Mr. Cook cannot be referable to apoplexy.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Would either the primary or the secondary symptoms of syphilis produce tetanus?
<hi rend="italic">A.</hi> Not in my opinion—I never knew of such a thing.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You say you think the symptoms cannot be referred to apoplexy?
<hi rend="italic">A.</hi> Certainly not; or to epilepsy—both in the case of epilepsy and apoplexy there is a loss of consciousness—in all the cases of tetanus that have come under my observation consciousness has been retained throughout, the whole period of the attack—in the cases that have come under my experience, the symptoms have invariably been continuous, without any interruption—I never heard of a case of several hours intervening, when the patient was totally free from the disease—when the symptoms did set in, they generally commenced very mildly and gradually increased in intensity.</p>
<p>
<hi rend="italic">Q.</hi> Bearing in mind all your past recollection and experience of the symptoms of tetanus in ordinary cases, in your judgment could the symptoms of Mr. Cook be referred either to idiopathic or traumatic teta
<lb/>nus?
<hi rend="italic">A.</hi> In my judgment they could not.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Could they be referred to any disease that you know?
<hi rend="italic">A.</hi> None.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Do you not know from your reading, that there are many cases of traumatic tetanus where there is a long interval between the symptoms?
<hi rend="italic">A.</hi> I never saw such a thing occur—I am not aware, from my reading, that there are numerous cases mentioned in which there was a long interval of some hours—I have not read Dr. Todd's book, or Dr. Curling's—you must recollect I have been oat of practice some seventeen or eighteen years—I have not read Dr. Copland on con
<lb/>vulsions—I have not looked modi into the reported eases of tetanus of late, nor do I recollect my reading on the subject—I am not aware that excitement and irritation from vomiting are given at the cause of tetanic convulsions—the symptoms of tetanic convulsions vary—as far as my expe
<lb/>rience goes, the leading symptoms always go almost in the same continuous route—I do not think that a pure and ordinary tetanus sometimes affects some muscles of the body and at other times others: I am speaking of the ordinary tetanus, traumatic—I do not think they do vary to any great extent—there may be an affection of a muscle in this man that there is not in the other, in a leg or an arm—I cannot take upon me to say whether it proceeds from the spine—the cause of death in tetanic affections arises from exhaustion not unfrequently.</p>
<p>
<hi rend="italic">Q.</hi> Does it not frequently arise from asphyxia?
<hi rend="italic">A.</hi> Well, I do not like the term asphyxia—I will say suffocation, arising from the absence of ability to respire—I think that might be a cause, I am not positive upon it—I have seen
<hi rend="italic">post mortem</hi> examinations of persons who have died of tetanus—it is a great many years ago—I can recollect the general outlines—I do not think the heart is found full in tetanus; I cannot tell whether it is in death from suffocation—cases of tetanus proceeding from wounds, wounds would form a very small proportion of the cases that are followed by tetanic symptoms: infinitesimally small—I could not say whether that would be the same if syphilis were the cause—I really do not understand you—that would not be the same in another class of wounds, because it affects a different tissue—I recollect the
<hi rend="italic">post mortem</hi> examinations of cases of tetanus sufficiently well to say that there was not any direct alteration of the normal condition of any part of the body that accounted for the tetanic attack.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> If I understand you, the examination, how
<lb/>ever</p>
<xptr type="pageFacsimile" doc="185605140096"/>
<p>recently after death, of the spinal card and marrow never, in any case that you know of, gave any indication or showed any cause from which the tetanus could be derived?
<hi rend="italic">A.</hi> Never the slightest.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-149" type="witnessName">
<interp inst="t18560514-name-149" type="gender" value="male"/>
<interp inst="t18560514-name-149" type="surname" value="SOLLY"/>
<interp inst="t18560514-name-149" type="given" value="SAMUEL"/>DR. SAMUEL SOLLY</persName> </hi>. I am surgeon at St. Thomas's Hospital—I have been connected with St Thomas's Hospital as lecturer and surgeon twenty
<lb/>eight years—during that time I have witnessed many cases of tetanus—I should find it difficult to state exactly how many; but I had six or seven under my own care, and I may have seen from ten to fifteen more, but I do not bear more than that in mind—there was one case in which I was doubtful whether it was traumatic or idiopathic; the wound was so slight and the symptoms so indistinct that it was questionable—the rest were decidedly traumatic—supposing that one to be a case of idiopathic tetanus, the symp
<lb/>toms were slower in their progress, and generally rather milder than in the other cases—I can remember no case of tetanus that I have witnessed which occupied under thirty hours before the disease arrived at a final point—in those cases the symptoms were always progressive—I have heard the description given by the witnesses of Mr. Cook's attacks on the Monday and Tuesday—that account differs essentially from what took place in the cases of tetanus to which I have referred—in all the cases of tetanus that I have seen, there has been a marked expression of the countenance, that is the first symptom—it is a sort of grin—it is so peculiar, that having once seen it you can never mistake it—the cases also differ more particularly in this fact, that in the symptoms which I have heard detailed there were violent convulsions on the Monday night, I believe, and on the Tuesday the individual was entirely free from any discomfort about the face or jaw—in the cases that have come under my notice the symp
<lb/>toms have always been continuous, and that expression of the counte
<lb/>nance and the more or less fixedness of the jaw is the last symptom to disappear—in ordinary tetanus the muscles of the face are first affected, then the muscles of the jaw, then the trunk, and then the limbs—in my judgment, the symptoms described in Mr. Cook's case were not referable to apoplexy or epilepsy, nor to any disease that I have ever witnessed.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You say that in all the cases that you have seen, there was a marked expression of the countenance, a sort of grin; is there a Latin term for that, which is known?
<hi rend="italic">A.</hi> Yes,
<hi rend="italic">risus sardonicus</hi>—that is not common in all forms of violent convulsions—it frequently occurs in all violent convulsions which assume, without being tetanus, a tetanic form or appearance—they are not a numerous class—it is difficult to distinguish between them and idiopathic tetanus in the onset, but not in the progress—I have only seen one case of idiopathic tetanus.</p>
<p>
<hi rend="italic">Q.</hi> Then when you answered that question of mine, you spoke from your reading, and not from your experience?
<hi rend="italic">A.</hi> I did not know your question applied to idiopathic tetanus alone—epilepsy itself is a disease of a convulsive character—I heard the account that was given by Mr. Jones of the few last minutes before Mr. Cook died; that he uttered a piercing shriek, fell back, and died—I heard the description of the shriek, with the convulsion; but it was the shriek that called the medical man into the room—in some respects that last shriek, and the paroxysm that occurred immediately afterwards, would bear a resemblance to epilepsy—all epileptic convulsions are not attended with an utter want of consciousness—death from tetanus, accompanied with convulsions, leaves seldom any trace behind; but death from epilepsy leaves a trace behind it generally; some slight effusion of blood on the brain, or congestion of the vessels—I am not aware that it frequently happens that convulsions that have not assumed the peculiar</p>
<xptr type="pageFacsimile" doc="185605140097"/>
<p>features of epilepsy destroy life find leave no trace in the body; it has not come within my own cognizance.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is there any difference in that respect between infants and adults?
<hi rend="italic">A.</hi> I have seen comparatively little of the diseases of infants.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Are the convulsions that take place in epilepsy of a tetanic character?
<hi rend="italic">A.</hi> Not at all, and I have seen a great deal of the convulsions of epilepsy.</p>
<p>
<hi rend="italic">Q.</hi> Are they ever accompanied by that clenching of the hands that we have heard described, or the distortion of the feet and toes?
<hi rend="italic">A.</hi> The con
<lb/>vulsions from epilepsy are accompanied with every contortion; not permanent—I say that in the case of Mr. Cook, he did not die from epilepsy, because there were none of the symptoms of epilepsy—when the patient dies with epilepsy he dies perfectly unconscious and comatose, his consciousness is en
<lb/>tirely gone—I have never seen any case of convulsive disease at all like this—laceration of the brain from injury will produce convulsions which will termi
<lb/>nate in death; a sudden injury to the spinal cord will produce convulsions which will terminate in death; irritation of the teeth in infants will produce convulsions—those convulsions are not in their onset similar to the convul
<lb/>sions of tetanus, and there is no progressive movement—there is no appear
<lb/>ance about the face or jaw which you have in tetanus; I have never missed that sign in tetanus.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-150" type="witnessName">
<interp inst="t18560514-name-150" type="gender" value="male"/>
<interp inst="t18560514-name-150" type="surname" value="LEE"/>
<interp inst="t18560514-name-150" type="given" value="HENRY"/>HENRY LEE</persName> </hi>. I am surgeon to King's College and the Lock Hospital—I have been professionally acquainted with the Lock Hospital some eighteen years—it is an establishment exclusively devoted to syphilis—at present I suppose not less than 3,000 cases a year come under my notice at King's College and at the Lock Hospital—I have seen a considerable number of syphilitic affections of the throat, and also that phase of the disease called chancre—I have never known an instance in which either of those forms of disease have terminated in tetanus—I have not had much experience myself in cases of tetanus.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Will either primary or secondary symptoms of syphilis pro
<lb/>duce tetanus?
<hi rend="italic">A.</hi> I have never seen nor have I read of a case—I have heard of one.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-151" type="witnessName">
<interp inst="t18560514-name-151" type="gender" value="male"/>
<interp inst="t18560514-name-151" type="surname" value="CORBETT"/>
<interp inst="t18560514-name-151" type="given" value="ROBERT"/>DR. ROBERT CORBETT</persName> </hi>. I am now a physician practising at Barrhead, near Glasgow—in Sept., 1845, I was medical clerk to the Glasgow Boyal Infirmary—I remember a patient being in the hospital of the name of Agnes French, or a name like that—I think she was called Sennet—it is the same person—she passed in the hospital by the name of Agnes Sennet—she died on the 27th Sept., 1845—the matron of the ward said that she had taken pills belonging to another patient—she died with symptoms of poisoning from strychnia—I saw her at the time she was under the symptoms—I had seen her during the day before that, perfectly well.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> For what was she a patient in the hospital?
<hi rend="italic">A.</hi> She had been taken in for a disease in the head, a skin disease—she was perfectly well on the day she died.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> She had taken some strychnia pills that had been placed there for a paralytic patient?
<hi rend="italic">A.</hi> Yes; I was told so—I was called to her when she was under the influence of poison—she was in bed when I saw her—there was retraction of the mouth—the face was much suffused and red
<lb/>dened, congested, the pupils dilated, the head was bent back, the spine curved, and the muscles very rigid, and hard like a board; her arms were stretched out and her hands clenched; severe paroxysms recurring every few seconds at short intervals—she died in about an hour and a quarter after taking the pills—I think when I was called to her the paroxysms did not last so long—they</p>
<xptr type="pageFacsimile" doc="185605140098"/>
<p>increased in severity—from the time I was called to her till her death, barely an hour elapsed—there should hare been a quarter of a grain of strychnia in each pill that was made up for the paralytic patient—she took three pills—they were pills to be taken one each night, or night and morn
<lb/>ing—this girl took three of them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You say there was a retrac
<lb/>tion of the mouth?
<hi rend="italic">A.</hi> The angles of the mouth were drawn back—that was continuous, but it was worse at times, a sort of twitching—I do not think I observed it after death—in my report I think I said the hands were semi-bent—they were not clenched after death—they were semi
<lb/>bent—that was forty-four hours after death—I think that semi
<lb/>bending of the hand is a very common thing in cases of death by violent convulsions—she died in an hour and a quarter after taking the medicine—she was attacked by the symptoms about twenty minutes after taking the medicine—I tried to make her vomit with a feather—she vomited partially, she did not vomit much—that was after giving her an emetic, and after tickling the fauces with a feather.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> There was no spasmodic action?
<hi rend="italic">A.</hi> There was a grinding of the teeth—the spasmodic action followed—she could not open her mouth to swallow anything—there was not what I should call lock jaw in ordinary tetanus.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Was she not in such a condition after she had taken the poison, that the mere touching of her sent her off into a paroxysm!
<hi rend="italic">A.</hi> I do not recollect.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-152" type="witnessName">
<interp inst="t18560514-name-152" type="gender" value="male"/>
<interp inst="t18560514-name-152" type="surname" value="WATSON"/>
<interp inst="t18560514-name-152" type="given" value="EBENEZER"/>DR. EBENEZER WATSON</persName> </hi>. I am surgeon of the Glasgow Infirmary. I re
<lb/>member the case of Agnes Sennet, of which the last witness has been speaking, perfectly well—I was called in to attend her—it must have been about a quar
<lb/>ter of an hour, I should think, after the symptoms first began, after she was taken ill—I found her in violent convulsions—her arms were stretched out and rigid—the muscles of the body were also rigid—they were kept quiet by rigidity—when I saw them they had become rigid—her feet and legs were also rigid—just at that moment she did not breathe; the muscles were kept quite quiet by the tetanic rigidity of the whole frame just few that second—it was not carried on perceptibly at all—that was during the excess of the paroxysm—that paroxysm subsided almost immediately—it was renewed afterwards and fresh paroxysms came on after a very short interval—I cannot exactly say how long, she was about half an hour dying—those paroxysms occurred at intervals until it destroyed her—she seemed perfectly conscious during the whole time—I do not recollect the state of her hands, I did not observe them after death—I cannot recollect the state of them—her body was opened afterwards—the walls of the heart were tiff and the cavities empty—my father published an account of it—I do not remember the state of the fingers and thumbs.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> In the
<hi rend="italic">post mortem</hi> examination, what part of the body did you open first?
<hi rend="italic">A.</hi> I cannot answer that; I did not make the inspection myself—the head was opened when I saw her—if the head was opened first a great deal of blood might flow out—that might tend to empty the heart.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Were you present at the
<hi rend="italic">post mortem</hi> examination?
<hi rend="italic">A.</hi> I was—there was nothing particular about the condition of the spinal cord, it was quite healthy, I saw nothing to indicate any abnormal condition there.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the heart contracted?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-153" type="witnessName">
<interp inst="t18560514-name-153" type="gender" value="male"/>
<interp inst="t18560514-name-153" type="surname" value="PATTERSON"/>
<interp inst="t18560514-name-153" type="given" value="JAMES"/>DR. JAMES PATTERSON</persName> </hi>. In the year 1845, I was an apprentice in the</p>
<xptr type="pageFacsimile" doc="185605140099"/>
<p>laboratory of the Infirmary at Glasgow—it was my business to dispense the prescriptions—I remember a prescription being dispensed in the month of December in that year for a paralytic patient of the name of M'Intyre—it was in the form of pills—they contained strychnia.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was the vehicle to convey it?
<hi rend="italic">A.</hi> They were made up with flour and syrup.</p>
<p>
<hi rend="smallCaps">MR. WELSBY</hi>.
<hi rend="italic">Q.</hi> What quantity of strychnia?
<hi rend="italic">A.</hi> The prescription was four pills, one grain; a quarter of a grain in each pill.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Is this flour and syrup the usual thing in which medicine of this kind is made up?
<hi rend="italic">A.</hi> It is always the mode in which I have prepared them from instructions in the laboratory.</p>
<p>
<hi rend="smallCaps">COURT</hi>. Was there any noise about their being taken by another person?
<hi rend="italic">A.</hi> There was.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-154" type="witnessName">
<interp inst="t18560514-name-154" type="gender" value="female"/>
<interp inst="t18560514-name-154" type="surname" value="KELLY"/>
<interp inst="t18560514-name-154" type="given" value="MARY"/>MARY KELLY</persName> </hi>. In September, 1845, I was in the Infirmary at Glasgow, as a patient—there was a paralytic patient in the same ward that I had to attend to—there was also a patient who went by the name of French, or Sennet, who died shortly after I was there—she was suffering from a sore head—in the course of the afternoon on which Sennet died, I was turning the wheel to the paralytic patient—it was to be applied to the skin for some purpose—while I was doing that, the girl who had the sore head came up and asked me what I was doing—there were some pills there, which the paralytic patient was to take, in a box—while the girl with the sore head was there, I saw the paralytic patient take one of those pills out of the box and swallow it—that was according to the order that had been given—she was to take one pill at a time—after she had done that she handed the box with the other pills in it to French—I saw her take two of those pills, she swallowed them—I only saw her take two—she then came and sat down by the ward fire—soon after that she was taken ill, I think in about three quarters of an hour—she fell back on the floor, and I went for a nurse—we then lifted her into bed, and the doctor was sent for—I noticed her after she was put upon the bed—I was in the next bed to her—I remained up some time after this—the nurse cut her clothes off; she never moved after she was put upon the bed; she was just like a poker—I did not notice her hands or her feet—I was just aside of her when she died, I was standing on the floor—she did not say anything—she never spoke after she fell.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> How long was it after she took the pills that the symptoms of illness came upon her?
<hi rend="italic">A.</hi> I cannot rightly tell, it is so long back—from the time that she was carried to the bed was three quarters of an hour; from the time she took the pills to the time that she appeared ill, was about three quarters of an hour.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-155" type="witnessName">
<interp inst="t18560514-name-155" type="gender" value="female"/>
<interp inst="t18560514-name-155" type="surname" value="HICKSON"/>
<interp inst="t18560514-name-155" type="given" value="CAROLINE"/>CAROLINE HICKSON</persName> </hi>. In Oct., 1848, I was nurse in the family of Mrs. Serjeantson Smith—I now live at Sherborn, near Basingstoke—I was nurse and lady's maid—the family at that time were residing near Romsey, about two miles from Romsey, in Hampshire—on 30th Oct., 1848, Mrs. Serjeant
<lb/>son Smith was unwell—she was suffering from weakness—there was a Mr. Jones, a druggist, in Romsey, with whom we dealt for drugs—a prescrip
<lb/>tion had been sent to Mr. Jones to make up for Mrs. Smith—I remember the medicine being brought back from Mr. Jones—it was in the afternoon, about 6 o'clock—it was a mixture in a bottle, I saw my mistress take it—she took about half a wine glass full—on the following morning, as near as I can remember, about 5 or 10 minutes past 7 o'clock—it was in her bedroom—having given her that medicine, I left the room—I was alarmed by the ringing of the bell about five minutes after, or it might be ten—when I went into my mistress's room I thought she had fainted; she was leaning upon</p>
<xptr type="pageFacsimile" doc="185605140100"/>
<p>a chair—she was off the bed, in her night dress—she appeared very shortly afterwards to suffer from what I thought spasms—I ran down and sent the coachman into Mr. Taylor's, the surgeon's—I then returned to my mis
<lb/>tress's room—when I returned I found some of the other servants with my mistress, assisting her—she was lying upon the floor—she screamed very much, but did not open her teeth, they were clenched—she asked to have her arms and legs held straight—I took hold of them, they were drawn up very much—she still screamed, and was in great agony—she requested some water to be thrown over her, and I did so—her feet were turned inwards—I put a bottle of hot water to her feet—that had no effect in relaxing the feet at all—she said that she felt easier a short time before she died—before she died, the last words she uttered were, "Turn me over"—I did so—she was lying on the floor—in a very few minutes after she said to me, "Turn me over," she died—she died after I turned her over, very quietly—she knew me during the whole time quite well—from the time that I gave her, by mistake, this medicine that morning, till she died, was, I think, about an hour and a quarter—it was about from five to ten minutes after I had given her the medicine before the bell was rung—she took about half a wine glass full of the medicine.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Was it five or ten minutes after taking the medicine?
<hi rend="italic">A.</hi> Yes, from the time I saw her in the spasms when I was called up, she could not sit up at all—when I endeavoured to straighten her limbs, it was when she was in the paroxysm—she did not appear to take any notice of the cold water—she was then in the paroxysm—she only seemed easy for a few minutes before her death—it was a continual recurring fit—it lasted about an hour, or an hour and a quarter—her teeth were quite close during the whole time.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> You say it lasted an hour and a quarter; do I understand you to say the fit lasted an hour and a quarter?
<hi rend="italic">A.</hi> From the time I gave her the medicine until she died—after I gave her the medi
<lb/>cine I went in in about five or ten minutes—she was stiff, and was only relieved a very few minutes before her death—she was conscious all the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-156" type="witnessName">
<interp inst="t18560514-name-156" type="gender" value="male"/>
<interp inst="t18560514-name-156" type="surname" value="TAYLOR"/>
<interp inst="t18560514-name-156" type="given" value="FRANCIS"/>FRANCIS TAYLOR</persName> </hi>. I am a surgeon and apothecary at Romsey. I was so in the year 1848—I attended Mrs. Serjeantson Smith—I remember being summoned to her house one morning, and on going there finding her dead—I got there between eight and nine o'clock—the body was lying on the floor between the bed and some piece of furniture, up in a corner somewhere—the state of the limbs was pointed out to me by Caroline Hickson—the hands were very much contracted, clenched, and the feet were con
<lb/>tracted, turned inward—the soles of the feet were hollowed up, very hol
<lb/>low—the toes were contracted and the sole hollowed up; unnaturally so, remarkably so—that appeared to have been from recent spasmodic action, I should suppose, and the inner edge of each foot was turned up; the foot was twisted—the limbs were remarkably stiff—the body was still warm—the eyelids were tightly adherent almost to the eyeballs—the druggist who made up the prescriptions for the family was a person of the name of Jones—I saw him shortly afterwards running up to the house in a state of great excitement—I subsequently made a
<hi rend="italic">post mortem</hi> examination by order of the Coroner—I had not ordered any prescription for this lady on the day before, I had not seen her for some time—I think it was three days after death that I made the
<hi rend="italic">post mortem</hi> examination—at that time the con
<lb/>traction of the feet continued, but it had gone off somewhat from the rest of the body—this was somewhat the position of the hands three days after</p>
<xptr type="pageFacsimile" doc="185605140101"/>
<p>death (
<hi rend="italic">semi-bent</hi>)—I did not find any trace of disease in the body—the heart was contracted, and perfectly empty—I wish to say also that all the large arteries leading from the heart were quite empty, and the blood was fluid—I subsequently analysed the medicine of which she had taken a part, with Mr. Randall, of Southampton—it contained a large quantity of strychnia, undis
<lb/>solved, as well as dissolved—I know that it originally contained nine grains, of which Mrs. Smith had taken one-third, so that there were six grains left in the bottle—I took out the stomach and bowels, and made an examination of them to ascertain whether I could find any poison, but a very slight one, the proof was so perfect of her having taken poison—as far as it went, the examination was not satisfactory, not sufficient for me to swear to—I have no doubt, from the rough test that we tried, but ire really did not attend to that, because we had plenty of proof without it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Does it not constantly hap
<lb/>pen in cases of death by ordinary convulsions, that the body in various parts of it is very much distorted?
<hi rend="italic">A.</hi> I am not aware that it shows after death—as a general rule, I should say, the body does not remain, in ordinary cases of death, in the position in which the deceased was at the time of death, I should think not—it is usual to lay out a body very soon after death—supposing that not to be done, the body stiffens, the
<hi rend="italic">rigor-mortis</hi> sets in, and the corpse stiffens; one or two limbs would remain, as at death; if an arm was left across the chest, it would stiffen so; if the hand were clenched when the man died, I do not know that it would stiffen so—I do not know of my own knowledge sufficiently as to those facts—there was a difficulty in laying out this body—the ankles were tied by a handkerchief, or some bandage, to bring them together.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> That you observed?
<hi rend="italic">A.</hi> Yes—I forget what the bandage was made of—the toes wished to turn inwards, and they had been forced—I am speaking now from a recollection of eight years ago—the handkerchief was employed to bring the ankles together.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You opened the body—where did you com
<lb/>mence?
<hi rend="italic">A.</hi> At the thorax and abdomen—we did not open the head until after we had finished the examination of the trunk—we took out part of the intestines with the duodenum.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> I do not know whether you examined the spinal cord.
<hi rend="italic">A.</hi> No, I did not.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-157" type="witnessName">
<interp inst="t18560514-name-157" type="gender" value="male"/>
<interp inst="t18560514-name-157" type="surname" value="BROXHOLME"/>
<interp inst="t18560514-name-157" type="given" value="CHARLES"/>CHARLES BROXHOLME</persName> </hi>. I was apprenticed to Mr. Jones in 1848, a chemist at Romsey—I was his only apprentice—he has since died—I remember a prescription coming to be made up for Mrs. Serjeantson Smith—it was a mixture of salicine, orange peel, and water—the salicine was kept on a high shelf, in a small bottle—upon the same shelf there was a bottle of strychnia—there was a mistake made, I believe, in the strychnia for the salicine.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> The error was by mistaking the two medicines?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> It is right to ask you, it was not done by you; I will ask you that for your own sake; it was not your mistake, but your poor master's?
<hi rend="italic">A.</hi> Yes—he destroyed himself afterwards.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-158" type="witnessName">
<interp inst="t18560514-name-158" type="gender" value="female"/>
<interp inst="t18560514-name-158" type="surname" value="WITHAM"/>
<interp inst="t18560514-name-158" type="given" value="JANE"/>JANE WITHAM</persName> </hi>. In March last I was in attendance on a lady who died—I remember her taking some medicine—after her taking that medicine she became ill—when she was first taken ill she complained of her back—she said "Oh, come, Mrs. Witham, to my back?"—I attended upon her, and went to her back—her head was thrown back, and her body stretched out—I could not get at her back—she was in bed—she had twitchings of the hands—her eyes were drawn aside and staring, and when I put my hand in front of them they did not at all relax their rigidity—she did not make any</p>
<xptr type="pageFacsimile" doc="185605140102"/>
<p>request to her husband about her legs or her arms at that time—she first complained of being ill in this way on 25th Feb.—she died on 1st March—after these attacks of which she complained, she got better before they came on again—she had several attacks—I saw her in one on Monday, Wednes
<lb/>day, Thursday, a slight one on Friday, and one on Saturday—she died on the Saturday—the first attack was on Monday, 25th, the second on Wednesday, 27th, the third on Thursday, 28th, and on Friday a very slight one—on Satur
<lb/>day it commenced about a quarter past 8 o'clock, and she died at 20 minutes to 11 o'clock at night—between these attacks she was at times better and com
<lb/>posed—she was up on the Saturday afternoon—she complained principally of a pricking in her legs, and twitching of the muscles of the hands, and she compared them to a galvanic shock; she said she could compare them to noth
<lb/>ing else—during these attacks she wished her husband to rub her legs and arms—she died in one of those attacks—she was dead when Mr. Morley came.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> You have told my learned friend she requested her husband to rub her arms and legs?
<hi rend="italic">A.</hi> Yes—that was at the commencement of the paroxysms, and before they had become strong; but on the Saturday night she could not bear her legs touched—that was the case when the spasms were strong upon her, upon the Saturday—the spasms were much stronger upon her on the Saturday than on the other days—she asked to be rubbed every day, except on Saturday—her limbs were extended rigidly—on the Saturday, during the intervals between the spasms, she did not ask to be rubbed—she did not speak but once or twice during the attack on Saturday—during the intervals of the spasms on the Saturday, touching her brought the spasms on—she could not swallow during the spasms on the Saturday—we never attempted her but with one spoonful of cocoa, and I do not think she got that into her mouth—she had a draught given her during the week, but not on the Saturday, her mouth was quite closed—after death her body was stiff—I did not stay long in the house after her death—I left it immediately, within 10 minutes—she appeared to be sensible on the Saturday from about half an hour to an hour, I think—that was from a quarter past 8 o'clock till after 9 o'clock—the remainder of that time she did not speak—her eyes were so fixed we could not tell whether she was sensible or not.</p>
<p>
<hi rend="smallCaps">MR. JAMES</hi>.
<hi rend="italic">Q.</hi> On the Saturday before she died, were the spasms more violent than the other fits which she had had?
<hi rend="italic">A.</hi> A great deal—they were of the same kind, though more violent.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-159" type="witnessName">
<interp inst="t18560514-name-159" type="gender" value="male"/>
<interp inst="t18560514-name-159" type="surname" value="MORLEY"/>
<interp inst="t18560514-name-159" type="given" value="GEORGE"/>GEORGE MORLEY</persName> </hi>. I am a surgeon. I was the medical attendant upon the lady to whom the last witness alluded—I had been attending her for about two months before her death, for functional derangement—I remember seeing her on the Monday before her death—she was then in bed, apparently comfortable, but whilst standing by her bedside, I observed several convulsive twitchings of her arm—they were slight—she had then recovered from a more severe attack; she told me so—I referred them at that time in my own mind to hysteria, and altered my medicine in consequence—I saw the same symptoms once again during the week, I think on Thursday; I am not sure whether it was Wednesday or Thursday—I saw her on Saturday, the day on which she died, about the middle of the day—I am not sure of the hour—she was much better then, quite in a composed state—she complained to me of an attack that she had had in the night—she spoke of pain and spasms, affection of the back and neck, spasmodic affection, and used the term
<hi rend="italic">shock</hi> in describing the convulsions—that is the substance of what she told me, every important point—I was sent for on the Saturday night hastily—Dr. Hobson, another medical gentleman, went with me—when I got</p>
<xptr type="pageFacsimile" doc="185605140103"/>
<p>there I was met with the announcement that she was dead—we went into the room where the dead body was—we looked at it generally, but made no particular examination—on the Monday, in company with another medical gentleman; I made a
<hi rend="italic">post mortem</hi> examination—I did not find in any part of the body any disease which could account for death—there was no emacia
<lb/>tion, nor any wound or sore, except the trace of a mustard poultice which had been applied—there was a peculiar expression of anxiety about the countenance; the hands were semi-bent, the fingers curved; the feet were strongly arched—we made a careful examination of the stomach and it's contents, for the purpose of detecting, if we could, the presence of poison—we applied several colour tests, as they are called; nitric acid, followed by proto-chloride of tin; sulphuric acid, followed by bi-chromate of potass in the liquid and also in the solid state—I believe those are the best che
<lb/>mical tests to be applied to detect the presence of strychnia—they are not the whole, we applied others; they are the best—in each case we produced the appearance characteristic of strychnia—we afterwards made experiments by administering some of the contents of the stomach to animals, rather by inoculation than by administration—in one case we administered it by the mouth—the animals we used were two mice, two rabbits, and one guinea-pig—we inoculated with the contents taken from the stomach after sepa
<lb/>ration of the strychnine by chemical analysis.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Without any addition?
<hi rend="italic">A.</hi> Without any addition, except the materials used in the analysis.</p>
<p>
<hi rend="smallCaps">MR. WELSBY</hi>.
<hi rend="italic">Q.</hi> What result did you obtain?
<hi rend="italic">A.</hi> We observed in each of the animals more or less of the effects usually produced by the poison of strychnia, general uneasiness, difficult breathing, convulsions of the tetanic kind, muscular rigidity, arching backwards, especially of the head and neck, violent stretching out of the legs; death followed in four of the animals, in one in two minutes, that was a rabbit, in another in five minutes, and in the third in a little less than an hour, fifty-five minutes; that was a mouse; the guinea-pig suffered but slightly at first, and that animal having been left, was found dead the next day—the fifth animal, a rabbit, exhi
<lb/>bited very strongly marked symptoms of strychnia poison; it lay apparently dead for a while, but it recovered entirely, and is still living—I did not observe that the muscular rigidity continued after death without any inter
<lb/>mission, there was flaccidity immediately after death—the muscles relaxed, but soon became very rigid, I mean more so than was due to the
<hi rend="italic">rigor mortis</hi>—we afterwards made a similar series of experiments on similar animals with strychnia itself, pure strychnia, a great many, both fn a solid and in a liquid form—the symptoms and the results were exactly the same as those I have described in these animals.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Had you occasion to observe in the case that you have been mentioning, that the suffering on touch caused a recurrence of the spasms in the patient?
<hi rend="italic">A.</hi> No, I did not see the patient, during any severe attack—I have frequently observed that with animals.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> The touch brings on the spasm?
<hi rend="italic">A.</hi> The touch brings on the spasm.</p>
<p>Mr.
<hi rend="smallCaps">GROVE</hi>.
<hi rend="italic">Q.</hi> That is a very marked symptom, is it not?
<hi rend="italic">A.</hi> A very marked symptom, in animals very striking; directly you touch the animal that has been poisoned, it gives a sudden start, and it passes into a severe spasm—the patient that I have described was not, during the period that I saw her, in a state of insensibility at all—when I saw her she could swallow—that was during the week—I did not see her in the severer parts of the attack—I have not got my minutes of the
<hi rend="italic">post mortem</hi>—I have a copy—the</p>
<xptr type="pageFacsimile" doc="185605140104"/>
<p>lungs were very much congested—there was a bloody serum in the pericardium surrounding the heart, in small quantities, and in the pleurae—there was a remarkable appearance in the muscles, in their colour—they were dark and soft.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Generally of the whole body?
<hi rend="italic">A.</hi> The muscles generally.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You mean the flesh?
<hi rend="italic">A.</hi> Yes, the flesh.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Was there a large amount of bloody serous effusion over the surface of the brain?
<hi rend="italic">A.</hi> A decided quantity, I would not say very large—there was not a large quantity of red fluid in the membranes of the spinal marrow, there was a notable quantity, but not a large quantity—there was serum slightly tinged with blood in the membranes of the spinal cord—the large spinal veins were much congested, and the membranes of the spinal marrow were also congested.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> We may call it the spinal cord, I suppose; was that much congested?
<hi rend="italic">A.</hi> Yes, much congested.</p>
<p>Mr.
<hi rend="smallCaps">GROVE</hi>.
<hi rend="italic">Q.</hi> I believe you opened the head first?
<hi rend="italic">A.</hi> Yes—that led to a good deal of blood flowing out.</p>
<p>
<hi rend="italic">Q.</hi> Could you judge whether there had been much blood in the heart from what flowed out?
<hi rend="italic">A.</hi> It was a matter of inference, it might have flowed from other sources—a part of it would flow from the heart.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You opened the head first, and a good deal of blood flowed out?
<hi rend="italic">A.</hi> Yes, from the blood-vessels supplying the head—a part of that might come from the heart, I mean during the dissection.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> Opening the head first would prevent you having an opportunity of judging properly whether the heart was full or empty I suppose?
<hi rend="italic">A.</hi> It would make it uncertain; it might partially empty the heart—I have examined the hearts of animals that have been poisoned by strychnia, many times: the right side of the heart is generally full.</p>
<p>
<hi rend="italic">Q.</hi> What is the longest time in animals at which you have perceived the first effect of the poison to come on after it has been taken?
<hi rend="italic">A.</hi> It is hard to say; in the guinea-pig we observed no severe effects for several hours—where I have administered strychnia itself to the animals, it has been from one to two hours.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> In what shape did you administer the pure strychnia?
<hi rend="italic">A.</hi> Mixed with food, and forced into the stomach; the alkaloid in a solid state mixed with food, or substance of some kind.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> I believe you made your experiments in conjunction with Dr. Nunneley?
<hi rend="italic">A.</hi> I did—my opinion is, that in some of the expe
<lb/>riments I made, the symptoms were as long as an hour in showing them-selves—I have not my notes with me, I speak generally, from my impres-sion—some animals lived several hours—I think in some animals the interval has been an hour, generally it is much earlier—all my experiments were not made in conjunction with Mr. Nunneley; some, especially on frogs, have been apart—frogs are slower in exhibiting the effects—they are cold blooded animals, and differ in certain respects from warm blooded animals, though in other respects the tetanic symptoms are the same—I discovered strychnia by all the tests that I applied, with more or less distinctness—I have in animals detected it where I have searched for it, where I have known it to have been administered—I speak doubtfully as to all cases—in one or two cases I should feel a doubt, but in almost all cases I have discovered it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When you examined the body of the animal?
<hi rend="italic">A.</hi> Yes, after death.</p>
<p>
<hi rend="smallCaps">MR. GROVE</hi>.
<hi rend="italic">Q.</hi> I think you said, in one or two you speak doubtfully?</p>
<xptr type="pageFacsimile" doc="185605140105"/>
<p>
<hi rend="italic">A.</hi> In one, certainly; in that case we were sure that strychnia had been administered, our doubt was whether it had reached the stomach—in that case I may say there were appearances which a sanguine eye might say were those of strychnia; a more cautious one would doubt—I did not consider it quite certain in one case—I have detected strychnia in the stomach nearly two months after death, and after decomposition had proceeded to a considerable extent.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> What quantity have you given to the ani
<lb/>mals which you have killed, and afterwards have analyzed the contents of the stomach?
<hi rend="italic">A.</hi> Quantities varying from under a grain to two or three grains—when I say under a grain, I mean between half a grain and a grain—from that to two grains, to cats, rabbits, dogs—the general dose to dogs is from a grain to two—that is quite sufficient to kill an animal.</p>
<p>
<hi rend="italic">Q.</hi> How does the strychnia act? is it taken up by the absorbents and carried into the blood?
<hi rend="italic">A.</hi> I think it acts on the nerves, but a part may be taken into the blood also and act through the blood—I think it acts upon the nerves immediately on it's introduction into the stomach, in part; it is absorbed.</p>
<p>
<hi rend="italic">Q.</hi> In what parts of these animals did you search to find the strychnia, or the presence of strychnia?
<hi rend="italic">A.</hi> Generally in the stomach, in one case else
<lb/>where, underneath the skin—in that case we had inoculated the animal—where it was administered internally there I searched the stomach—that which I found in the stomach would be that which was there in excess beyond that which had been absorbed into the system—that which is, absorbed into the system has the operation of poisoning, sufficiently to destroy life—I wish to say, that that is rather my opinion in theory than what I could prove.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> With regard to the excess?
<hi rend="italic">A.</hi> That remains in the stomach, inactive after death, of course; to be found in the stomach after death.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> That would produce no operation, that which remains in the stomach in excess?
<hi rend="italic">A.</hi> I am not sure that strychnia may not lie in the stomach, and act prejudicially, without being absorbed; I think it is an open question.</p>
<p>
<hi rend="italic">Q.</hi> Suppose the minimum quantity administered which, being absorbed into the system, would be capable of operating to the destruction of life; would you expect to find any in the stomach then?
<hi rend="italic">A.</hi> I should expect sometimes to fail—I think, if death resulted from a series of minute doses of this poison, administered over a space of several days, the appearances would in some degree be likely to be different after death from what they would be supposing death was produced rapidly by one dose; but I should rather connect those appearances with the lengthened and protracted final struggle, I mean the struggle on the last day—I should certainly expect a different set of phenomena on a
<hi rend="italic">post mortem</hi> examination where the patient died after a brief struggle and where he died after a protracted one—in this case the blood was fluid.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> Is it your theory, that in the act of poisoning, the poison is absorbed, and ceases to exist as poison, as strychnia?
<hi rend="italic">A.</hi> I am inclined to think so—I have thought much upon that question, but have not decided in my mind—I incline to think it is so; I believe a part under
<lb/>goes a chemical change.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say that strychnia, when absorbed into the system, under
<lb/>goes a chemical change; is that so?
<hi rend="italic">A.</hi> I believe part may be absorbed unchanged, a part may undergo a chemical change, and a part may remain in the stomach unaltered.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> What chemical reason can you give for your</p>
<xptr type="pageFacsimile" doc="185605140106"/>
<p>opinion that strychnia, after having effected the operation of poisoning, ceases to be strychnia poison in the blood?
<hi rend="italic">A.</hi> My opinion rests on the general principle, the general fact, that in acting on living bodies organic bodies are generally changed; organic substances acting on the living bodies organic body, such as food or medicine, are frequently changed in composition—I do not know that strychnia, after effecting the operation of poisoning, has been discovered in the blood and liver still in the form of strychnia, but I believe it possible—the component parts of strychnia consist of four elements—I have no fact to show that it can be decomposed by any sort of putrefying or fermentative process, and I doubt if it would.</p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-160" type="witnessName">
<interp inst="t18560514-name-160" type="gender" value="male"/>
<interp inst="t18560514-name-160" type="surname" value="MOORE"/>
<interp inst="t18560514-name-160" type="given" value="EDWARD DUKE"/>EDWARD DUKE MOORE</persName> </hi>. I was formerly in practice as a surgeon—I was attending a person that was suffering from paralysis, with Dr. Chambers, a gentleman of the name of Clutterbuck—it was, I should say, about fifteen years ago—I had been giving him some very small doses of strychnia—he left me, and went to Brighton, and returned from there—when he came back from Brighton, he made a communication to me as to his having taken stronger doses of strychnia—in consequence of that, I gave him a stronger dose than I had done formerly—I made up the medicine myself—I made three draughts, containing a quarter of a grain in each—I gave one to him—he took one—I was there when he took it—he reported that he had taken three-quarters of a grain during the time he was at Brighton, that he had got to that amount—I was not sent for after he had taken one of the draughts; I remained with him some little time—I left him, as he said that he felt quite comfortable—about three-quarters of an hour after I had given him the draught I was summoned to attend him—when I got there, I found him stiffened in every limb—his head was drawn back, and he was screaming violently that we should turn him, move him, and rub him—all his limbs were stiff; the head was drawn back, the spine was drawn back, the head was drawn backwards—we tried to give him some-thing—it was a mixture with ammonia—I gave it him with a spoon—he first snapped at the spoon, with a sort of convulsive effort to take it—he was suffering altogether, I should say, three hours, or even more than that before we left him safe—he lived, he survived the attack—during the whole of the time he was perfectly conscious.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SHEE</hi>.
<hi rend="italic">Q.</hi> He recovered?
<hi rend="italic">A.</hi> Yes—I should say he was about three hours recovering from the first time I saw him—in three hours we left him safe—the effects had entirely gone at the end of three hours; I mean, the spasms had left him, but the rigidity of the muscles continued a considerable time after that, I cannot say how long, during the greater part of the day, and some part of the next—at first his hands were drawn back in this way (
<hi rend="italic">describing it</hi>); when we had got him round, and his hands closed together, he was much easier; the feet were in the same way; after the distortions and the rigidity of his limbs had entirely ceased, he did not retain any bad effects of the attack; on the con
<lb/>trary, as he himself said, he thought his paralysis was better—it was given him for paralysis—he had been taking it for a considerable time.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Strychnia is given for paralysis?
<hi rend="italic">A.</hi> Yes, in large quantities, but only in minute doses—persons not afflicted with paralysis would not take it.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> It excites the muscles that want to be stimulated?
<hi rend="italic">A.</hi> It excites the nerves—there being in paralysis a want of muscular action, you stimulate, by means of strychnia, the nerves which act on the voluntary muscles.</p>
<p>
<hi rend="italic">Adjourned.</hi> </p>
<xptr type="pageFacsimile" doc="185605140107"/>
<p>
<hi rend="italic">Monday, May</hi> 19
<hi rend="italic">th.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18560514-name-161" type="witnessName">
<interp inst="t18560514-name-161" type="gender" value="male"/>
<interp inst="t18560514-name-161" type="surname" value="TAYLOR"/>
<interp inst="t18560514-name-161" type="given" value="ALFRED SWAINE"/>DR. ALFRED SWAINE TAYLOR</persName> </hi>. I am a fellow of the College of Physicians, and lecturer on Medical Jurisprudence at Guy's Hospital I am the I am the author of a well known treatise on Poisons and on Medical Jurispru-dence—among other poisons, I have made the poison called strychnia the subject of my attention—it is the produce of the nux vomica—there is also in the nux vomica a poison of an analogous nature, called brucia, which differs from it only in point of strength: there are some chemical differences—the whole quantity in nux vomica is considered not to exceed from half to one per cent, of the two alkaloids—in the seed, the strychnia predominates; in the bark, the brucia—the difference between the two poisons, in their relative strength of action on the body, is variously estimated at from one-sixth to one-twelfth; that is to say, brucia being from one
<lb/>sixth to one-twelfth the strength of strychnia—most varieties of impure strychnia which are sold, contain more or less brucia—unless you are certain of the purity of the article, you may be misled as to the strength—I have tried a variety of experiments on animal life with strychnia—I have never wit
<lb/>nessed an instance of it's action on the human subject—I have tried it's effects on animal life, I think, in about ten or twelve instances, always upon rabbits—the symptoms produced by the poison have on the whole been very uniform—I have given quantities varying from a half to two grains and three grains; not less than half a grain—I have found half a grain sufficient to destroy the life of a rabbit—I have given it in a solid state, and some in a liquid state—I have found there was a difference in the time required to show it's effects where I administered it in the liquid and where I adminis
<lb/>tered it in the solid form—when given in a fluid state it has produced it's effects in a very few minutes, two or three minutes; and in the solid state, in the form of pill or bolus, from about six to eleven minutes, I think—I have found that the time was influenced by the strength of the dose—it is influenced by the strength of the dose, and also by the strength of the animal.</p>
<p>
<hi rend="italic">Q.</hi> In what way, in your opinion, does the poison operate to produce it's symptoms?
<hi rend="italic">A.</hi> It is first absorbed into the blood; it is then circulated through the body, and it especially acts on the spinal cord—that is the part of the body from which the nerves affecting the voluntary muscles proceed.</p>
<p>
<hi rend="italic">Q.</hi> Suppose absorption of the poison into the blood to have taken place, what time would be required for the circulating process which would bring the matter taken up into contact with the nerves of the spinal cord?
<hi rend="italic">A.</hi> The entire circulation through the whole system is considered to take place about once in four minutes.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are you speaking of the human subject?
<hi rend="italic">A.</hi> Yes—the circulation in the rabbit is quicker.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> How is it as to the absorption? would that be quicker in a rabbit?
<hi rend="italic">A.</hi> I think it would, from the effects produced—that will also depend on the state of the stomach, as to whether there be much food in the stomach, and as to whether the poison comes in imme
<lb/>diate contact with the inner surface of the stomach.</p>
<p>
<hi rend="italic">Q.</hi> In your opinion, does the poison act immediately on the nervous system while in the stomach, or any portion of it, or must it first be absorbed?
<hi rend="italic">A.</hi> It must first, I believe, be absorbed.</p>
<p>
<hi rend="italic">Q.</hi> You stated some little time ago, that the symptoms produced by the administration of this poison, where you have given it yourself, have been.</p>
<xptr type="pageFacsimile" doc="185605140108"/>
<p>tolerably uniform; will you describe the series of symptoms from the com
<lb/>mencement to the close?
<hi rend="italic">A.</hi> The animal for about five or six minutes does not appear to suffer; it moves about freely and actively; it then, when the poison begins to act, suddenly falls on it's side; there is a trembling of the whole muscles of the body; a sort of quivering motion, arising from the poison producing these violent and involuntary contractions; there is then a sudden paroxysm or fit; the fore legs are stretched out, and the hind legs are stretched out; the head is drawn back, and the tail, so as to give it the form of a bow; the jaws are spasmodically closed, and the eyes are pro
<lb/>minent, protruding—after a short time there is a slight remission of the symptoms—the animal appears to lie quiet, but the slightest noise or touch produces another convulsive paroxysm—there is sometimes a scream, or sort of shriek, as if the animal suffered severe pain—the heart beats very violently during the fit, and after a succession of these fits, the animal dies quietly—I have observed immediately prior to death, that there is a remission of the paroxysm, not uniformly—I have only known it has died by having the hand over the heart, but it has been in a state of spasm at that time—in one or two cases the animal has died quietly, as if there was a remission—sometimes it dies apparently during the spasm itself.</p>
<p>
<hi rend="italic">Q.</hi> What appearances have you observed after death, externally, which would be different from the ordinary appearances of a person who has died; are the muscles more than usually rigid?
<hi rend="italic">A.</hi> In some instances the animal has been rigid throughout, that is to say, it has died in a spasm, and the rigidity has continued; the muscles so strongly contracted, that for a week afterwards it was possible to hold the animal extended by the hind legs without the body falling—I took hold of it by it's hind legs, and the body kept straight out, horizontally—I have found that continue as long as a week—in an animal killed the other day the body was flexible at the time of death, but it became rigid in about five minutes after death—I have not seen it since—I have opened the bodies of animals that have been thus destroyed—I have not found any appearances in the stomach or intestines which would indicate any injury there—I have found in one or two cases congestion of the vessels of the membranes of the spinal cord, more than was due to the gravitation of the blood after death—in other cases I have not found any departure from the ordinary state, with respect to the spinal cord, and with respect to the brain; I may include both.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> With regard to the brain, have you in any case found a departure from health?
<hi rend="italic">A.</hi> In one or two cases, the membranes of the spinal cord and brain were congested; in other cases, quite healthy.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> Those membranes are a continuation one of the other?
<hi rend="italic">A.</hi> They are; so that it is not easy to have congestion of one without congestion of the other—the congestion of these membranes where I found it to exist, I think, has been due to the succession of fits which the animal has had before death—in the majority of instances I have failed to discover any abnormal condition of the spinal cord or brain: in three out of five I found no change.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> No abnormal appearance?
<hi rend="italic">A.</hi> No abnormal appearance.</p>
<p>
<hi rend="smallCaps">MR. ATTORNEY-GENERAL</hi>.
<hi rend="italic">Q.</hi> As to the heart of animals thus killed, what have you observed with reference to that?
<