Is that usual in the case of a bilious attack?—If the stomach had been wrong any length of time the tongue would have been discoloured.
Elizabeth Mills examined by Mr. James: In November last I was chambermaid at the Talbot Arms, Rugeley. I had been so about two years. I knew the prisoner Palmer, who was in the habit of coming to the Talbot Arms. I also knew Cook, the deceased. On Thursday, the 15th of November, he came to the Talbot Arms. He came between nine and ten o’clock at night. The prisoner was with him. They came in a fly. Cook went to bed at half-past ten o’clock. When Cook arrived he said he had been poorly, and was poorly then. I don’t remember seeing Palmer after he got out of the fly. About twelve o’clock on the following day I took Cook some hot water, and he went out about one o’clock. He then appeared poorly. He said he felt no worse, but was not well. He returned about ten o’clock in the evening. In about half an hour he went to bed. I asked him if he felt any worse than when he went out in the morning. He said he did not. He said that he had been dining with Palmer. He was perfectly sober. He asked me for an extra piece of candle to read by. I saw no more of him that night. On Saturday morning, about eight o’clock, I saw Palmer at the Talbot Arms. I do not know whether Cook had sent for him. Palmer ordered from me a cup of coffee for Cook. I gave it to Cook in the bedroom. I believe Palmer was then in the room. I left the coffee in Cook’s hands, but did not see him drink it. Afterwards I went upstairs, and found the coffee in the chamber utensil. That might be an hour, or it might be a couple of hours after I had taken up the coffee. The utensil was on the table by the side of the bed. I do not remember that I spoke to Palmer, nor he to me, about this. I did not see any toast and water in the bed-room; but a jug, not belonging to the inn, was about ten o’clock in the evening sent down for some fresh toast-and-water. The waitress, Lavinia Barnes, brought it down. I am sure the jug, which was brought down from Cook’s room, did not belong to the Talbot Arms. I saw Palmer go in and out of Cook’s room, perhaps, four or five times on that Saturday. I heard Palmer tell Cook that he would send him over some broth. I saw some broth in the kitchen, which some person had brought there ready made. After Barnes had taken some broth up, ten minutes or a quarter of an hour after the broth came over, I met Palmer going upstairs towards Cook’s room. He asked if Mr. Cook had had his broth? I told him I was not aware that any had come for him. While I was speaking, Lavinia Barnes came out of the commercial-room, and said she had taken the broth up to Cook when it came, but that he refused to take it, saying it would not stay on his stomach. Palmer said that I must go and fetch the broth; he (Cook) must have it. I fetched the broth and took it into Cook’s room. Palmer was there. I cannot say whether it was to him or Cook that I gave the broth, but I left it there. I am sure that this was some of the broth which had been sent in. Some time afterwards (about an hour or two), I went up to Cook’s room again, and found that the broth had been vomited. About six o’clock in the evening, some barley-water was made for Cook. I took it up to him. I cannot say whether Palmer was with him. I cannot say whether or not that barley-water stayed upon Cook’s stomach. At eight o’clock in the evening some arrowroot was made in the kitchen. I took it up to Cook. I cannot say whether Palmer was there, nor can I remember whether the arrowroot remained on Cook’s stomach.
On Saturday, about three o’clock in the afternoon, I saw Mr. Bamford, the surgeon. On Sunday morning I went to Mr. Cook’s room, about seven or eight o’clock. Mr. Smith, called “Jerry Smith,” slept in Mr. Cook’s room during Saturday night. He is a friend of the prisoner Palmer. I asked Cook if he was any worse? He said he felt pretty comfortable, and had slept well since twelve o’clock. On Sunday more broth, a large breakfast-cup full, was brought over for Cook. That was between twelve and one o’clock. I believe Charles Horley brought it. I took some of that broth up to Cook’s room in the same cup in which it was brought. It was hot. I tasted it. I drank about two tablespoonfuls. In about half-an-hour or an hour I was sick. I vomited violently during the whole afternoon till about 5 o’clock. I was obliged to go to bed. I vomited a great many times. During the morning I had felt perfectly well, and had not taken anything that could disagree with me. It was before dinner that I took the broth. I went down to work again about a quarter before 6 o’clock. On the Sunday evening I saw Mr. Cook; he did not appear to be any worse. He seemed to be in good spirits. The illness seemed to be confined to vomitings after taking food. On Sunday night I saw Cook last about 10 o’clock. On Monday morning I saw him between 7 and 8 o’clock, when I took up to him a cup of coffee. I did not remain to see him drink it. He did not vomit it. Palmer was coming down stairs, as though from Cook’s room, about 7 o’clock. To my knowledge Palmer was not there, on Monday. Cook got up about 1 o’clock, and appeared to be a great deal better. He shaved, washed, and dressed himself. He said he felt better, only exceedingly weak. He dressed as if he was going out. Ashmall the jockey, and his brother, and Saunders the trainer, came to see him. As soon as he got up I gave him some arrowroot, which remained on his stomach. He sat up until about 4 o’clock, when he returned to bed. Between 9 and 10 o’clock at night I saw Palmer. He was sitting down in Cook’s room. I saw Cook about half-past 10 o’clock, and not again until about a quarter before 12 o’clock. On the Monday night, about 8 o’clock, a pill-box wrapped in white paper was brought from Mr. Bamford’s. It was given to me by Miss Bond, the housekeeper, to take up to Cook’s room. I took it up and placed the box on the dressing-table. That was before Palmer came. When I saw Palmer he was sitting by the fire in Cook’s room. I went to bed between 10 and 11 o’clock. About eight or ten minutes before 12 o’clock the waitress, Lavinia Barnes, called me up. While I was dressing I twice heard screams from Cook’s room. My room is above, but not immediately over Cook’s. I went down to Cook’s room. As soon as I entered the room I saw him sitting up in bed. He desired me to fetch Palmer directly. I told him Palmer was sent for, and walked to his bedside. I found the pillow upon the floor. There was one mould candle burning in the room. I picked up the pillow, and asked Cook if he would lay his head down. He was sitting up, beating the bedclothes with both his hands and arms, which were stretched out. When I asked him to lay his head down, he said, “I can’t lie down; I shall be suffocated if I lie down. Oh, fetch Mr. Palmer!” The last words he said very loud. I did not observe his legs, but there was a sort of jumping or jerking about his head and neck, and his body. Sometimes he would throw back his head upon the pillow, and then raise it up again. He had much difficulty in breathing. The balls of his eyes projected very much. He screamed again three or four times while I was in the room. He was moving and knocking about all the time. Twice he called aloud, “Murder!” He asked me to rub one hand. I found it stiff. It was the left hand.
By the Court.—It was stretched out. It did not move. The hand was about half shut. All the upper part seemed to be stiff.
Examination resumed.—I did not rub it long. As soon as he thought I had rubbed it sufficiently he thanked me, and I left off. Palmer was there while I was rubbing the hand. While I was rubbing it the arm and also the body seemed to twitch. Cook was perfectly conscious. When Palmer came in he recognized him. He was throwing himself about the bed, and said to Palmer, “Oh, doctor, I shall die.” Palmer replied, “Oh, my lad, you won’t!” Palmer just looked at Cook, and then left the room, asking me to stay by the bedside. In about two or three minutes he returned. He brought with him some pills. He gave Cook a draught in a wineglass, but I cannot say whether he brought that with him. He first gave the pills, and then the draught. Cook said the pills stuck in his throat, and he could not swallow them. Palmer desired me to give him a teaspoonful of toast-and-water, and I did so. His body was still jerking and jumping. When I put the spoon to his mouth he snapped at it and got it fast between his teeth, and seemed to bite it very hard. In snapping at the spoon he threw forward his head and neck. He swallowed the toast-and-water, and with it the pills. Palmer then handed him a draught in a wineglass, which was about three parts full. It was a dark, thick, heavy-looking liquid. Cook drank this. He snapped at the glass as he had done at the spoon. He seemed as though he could not exactly control himself. He swallowed the draught, but vomited it immediately into the chamber utensil. I supported his forehead. The vomit smelt like opium. Palmer said he hoped either that the pills had stayed on his stomach or had not returned. He searched for the pills in the vomit with a quill. He said, “I can’t find the pills,” and he then desired me to take the utensil away, and pour the contents out carefully to see if I could find the pills. I did so, and brought back the utensil, and told him I could not see the pills at all. Cook afterwards seemed to be more easy. That was about half an hour or more after I had first gone into the room. During the whole of that time he appeared to be quite conscious. When Cook was lying more quiet he desired Palmer to come and feel how his heart beat, or something of that sort. Palmer went to the bedside, and pressed his hand, I cannot say whether to the heart or to the side of the face, but he said it was all right. I left Cook about 3 o’clock in the morning. He was not asleep, but appeared to be dozing. Palmer was sitting in the easy chair, and I believe he was asleep. I went into the next room and laid down. About 6 o’clock I saw Cook again. I asked if Palmer had gone, and Cook said he left at a quarter before 5 o’clock. I asked if he felt any worse, and he said, no, he had been no worse since I left him. I said, “You were asleep when I left.” He replied, “No, I heard you go.” He asked me if I had ever seen any one suffer such agony as he did last night? I said, no, I never had. He said he should think I should not like to see any one like it again. I said, “What do you think was the cause of all that agony?” He said, “The pills which Palmer gave me at half-past 10.” I do not think anything more was said. I asked him if he would take anything, and he said, “No.”
I do not remember seeing Palmer on that day (Tuesday) until he was sent for. On that morning Cook seemed quite composed and quiet, but his eyes looked wild. There was no motion about the body. About twelve o’clock at noon he rang his bell, and desired me to send the “boots” over to Palmer to ask if he might have a cup of coffee. Boots returned and said he might, and Palmer would be over immediately. I took the coffee up to Cook a little after twelve o’clock. Palmer was then in Cook’s room. I gave the coffee to Palmer. He tasted it to see whether it was too strong, and I left the room. Mr. Jones arrived by the three o’clock train from Lutterworth. I saw him in Cook’s room. About four o’clock I took Cook another cup of coffee. I cannot say whether Palmer was there. Afterwards I saw Palmer. He opened the bed-room door and gave me the chamber utensil, saying that Cook had vomited the coffee. There was coffee in the utensil. I saw Cook several times before I went to bed. He appeared to be in very good spirits, and talked about getting up next morning. He said he would have the barber sent for to shave him. I believe I gave him some arrowroot. I did not see him later than half-past ten. Palmer was with him when I last saw him. I gave Palmer some toast-and-water for Cook at the door. Palmer then said to Cook, “Can this good girl do anything more for you to-night?” Cook said, “No; I shall want nothing more till morning.” He spoke in a composed and cheerful manner. I remained in the kitchen all night, to see how Cook went on, and did not go to sleep. About ten minutes before twelve o’clock the bell of Cook’s room was rung violently. Jones was sleeping in a second bed in the same room. On hearing the bell I went up to Cook’s room. Cook was sitting up. I think Jones was supporting him, with his arms round his shoulders. Cook said, “Oh, Mary, fetch Mr. Palmer directly.” I went to Palmer’s, and rang the surgery bell. As soon as I had rung I stepped off the steps to look at Palmer’s bed-room window, where I expected him to appear, and he was there. He did not lift up the sash, but opened a small casement and spoke to me. I could not see whether he was dressed, but I heard and knew his voice. I asked him to come over to Mr. Cook directly, as he was much the same as he had been the night before. I don’t remember what he replied. I went back to the hotel, and in two or three minutes Palmer came. I was then in the bed-room. Jones was there supporting Cook. Palmer said he had never dressed so quickly in his life.
The question which elicited this answer was, “Did Palmer make any remark about his dress?” After the answer had been given,
Mr. Serjeant Shee objected to the form in which the question had been put.
Lord Campbell: It seems to me that the examination is conducted with perfect fairness. No leading question, nor any one which could be considered doubtful, has been put to the witness.
Examination continued: I left the room, but remained on the landing. After I had been waiting there a short time (about a minute or two) Palmer came out. I said, “He is much the same as last night.” Palmer said, “Oh, he is not so ill by a fiftieth part.” He then went down stairs as though going to his own house. He was absent but a very short time, and then returned to Cook’s room. I also went in. I believe Cook said, “Turn me over on my right side.” I was then outside, but the door was open. I do not think that I was in the room at the time he died. I went in just before, but came out again. Jones was there at the time, and had his right arm under Cook’s head. Palmer was then feeling Cook’s pulse, and said to Jones, “His pulse is gone.” Jones pressed the side of his face to Cook’s heart, lifted up his hands, but did not speak. Palmer asked me to fetch Mr. Bamford, and I went for him. Cook’s death occurred about three-quarters of an hour after I had been called up. Mr. Bamford came over. I did not return to Cook’s room. When Mr. Bamford came down stairs he said, “He is dead: he was dead when I arrived.” After Mr. Bamford had gone I went up to the landing, and sat upon the stairs. I had sat there about ten minutes when Jones came out of the room, and said, “Mr. Palmer wants you,” or “Will you go into the room?” I went into the room where Cook was lying dead. Palmer was there. I said to him, “It is not possible that Mr. Cook is dead?” He said, “Oh yes, he is dead.” He asked me who I thought would come and lay him out. I mentioned two women whom I thought Palmer knew. He said, “Those are just the women.” I said, “Shall I fetch them?” and he said, “Yes.” I had seen a betting-book in Cook’s room. It was a dark book, with gold bands round the edges. It was not a very large book, rather more long than square, and had a clasp at one end. I saw Cook have this book when he stopped at Talbot Arms, as he went to the Liverpool races, some months before. There was a case at the one side containing a pencil. I saw the book in Cook’s room on Monday night. I took it off the dressing-table and gave it to him in bed. He asked me to give him the book, pen, and ink, and some paper. I gave him all. That was between seven and eight o’clock. He took a postage stamp from a pocket at one end of the book. I replaced the book on the frame of the looking-glass on the dressing-table. Palmer was in the room after that time. To my knowledge I never saw the book afterwards. I afterwards searched the room for it, but could not find it. When I went into the room after Cook’s death, the clothes he had worn were lying on a chair. I saw Palmer searching the pockets of the coat. That was about ten minutes after the death. When I went into the room Palmer had in his hand, searching the pockets, the coat which I had seen Cook wear. Palmer also searched under the pillow and bolster. I saw two or three letters lying upon the chimney-piece. I never saw them again, but I was not much in the room afterwards. I had not seen the letters before Cook’s death.