By Mr. James: I saw Cook at my own house when he complained of suffering. He did not hunt on that day. He came to my house to meet the hounds, but did not go. He was dressed in his hunting dress. I could not swear I did not see him next within a week afterwards in the hunting-field.
By Lord Campbell: I never saw Cook sick on any other occasion, except about seven years previous at Market Harborough, at the cricket match, after dinner.
George Myatt, saddler, examined by Mr. Gray: I was at Shrewsbury races on the day when Polestar won. I was at the Raven Hotel on the evening of that day, Wednesday. I saw Cook and Palmer there about twelve o’clock on the night of that day. I was waiting in the room at the hotel when they came in. I considered Cook was the worse for liquor. They proposed having a glass of brandy and water each before they went to bed. Each of us had a glass of brandy and water. When Cook commenced to drink it he made a remark that he fancied it was not good. He drank part of it off, and said he thought there was something in it. He then gave it to some one near him to taste. Cook proposed to have some more, and Palmer said he would not have any more except Cook drank his up. They had no more brandy and water, and Palmer and I went to bed. I slept in the same room with Palmer. The brandy was brought in a decanter, and the brandy which I had was poured out of the decanter, I don’t know by whom. I did not leave the room during the time when Palmer and Cook came in to me until we went to bed. I did not see anything put into the brandy and water, and I do not think anything could have been put in without my seeing it. Palmer and I went into the bedroom and left Cook in the sitting-room. I slept in the same bedroom as Palmer. When I went to bed I locked the door, and Palmer did not go out of the room during the night. When Palmer got up in the morning, he asked me to go and call Cook. I did so. I went to Cook’s bed-room door, rapped at it, and he told me to come in. I went in, and he told me how ill he had been during the night, and that he had been obliged to send for a doctor. He asked me what it was that was put into the brandy and water, and I told him I did not know that anything had been put into it. He asked me to send for the doctor, meaning Palmer. I did so. I next saw Cook when he came in to his breakfast. Palmer was in the room. Palmer and I breakfasted first, and Cook came in directly after we had finished, and had breakfast in the same room. On the evening of that day Cook, Palmer, and myself, left for Rugeley, having previously dined together at the Raven. We started for Rugeley about six o’clock in the evening. We travelled by the express train from Shrewsbury; Palmer paid for the three railway tickets. On the way Palmer was sick, and both Cook and he said they could not account for the circumstance of their being sick. Palmer vomited on the road between Stafford and Rugeley. We left the train at Stafford, at the junction. We then got into a fly to proceed to Rugeley, there being no train for that place. It was on the way to Rugeley that Palmer was ill and vomited. Palmer said he could not account for it unless it was that Cook had some brass vessel which he had drank out of, or that the water was bad. There had been a great many people ill during the Shrewsbury races. I heard several people speak of their having been ill who could not account for it. The distance by road from Stafford to Rugeley is about nine miles.
Cross-examined by Mr. James: I have known Palmer all my life. He deals with me for saddlery. I have not been in the habit of going to the races with him, but I have gone now and then. I was at Shrewsbury races with him. I never was at Doncaster with him. I was there once with a gentleman named Robinson. I was at Wolverhampton races in August last. I went with Palmer. I did not sleep in the same room with him at Wolverhampton. I did not stop at the same hotel with him. I stopped with my brother-in-law in Wolverhampton. I believe I was there a couple of days. I did not dine or breakfast with Palmer. I was at Lichfield races with Palmer in September. Lichfield course is within ten miles of Rugeley. I did not sleep at Lichfield. I did not either go to Lichfield or come home with Palmer. I believe I have never slept in a double-bedded room with Palmer anywhere but at Shrewsbury. I never did. I never was at Worcester in my life. I paid my own expenses to Shrewsbury. Palmer paid the expenses of my living at the hotel at Shrewsbury, and the fare back. He has never paid my expenses at any other races. If he has paid any expenses for me, I have deducted them from his bill. I dare say I went to some races with him the year before; I think two or three, but I can’t call to mind how many. I had an interview with Palmer in Stafford Gaol. I was with him a couple of hours. I should think that that was a month or five weeks ago. I cannot say when it was that I saw him. I cannot say whether it was before or after Stafford Assizes. Mr. Smith said he was going, and I thought I should like to see Palmer. I have stood half a sovereign or a sovereign with him occasionally. I know what “putting on” a horse means. I did not bet at Shrewsbury. I did not back Cook’s mare, Polestar. I have stood a sovereign with Palmer on a horse. The first time when I saw Cook at the Raven on the Wednesday evening was as near twelve o’clock as possible. I had not been dining with Palmer. I had dined at home, at Rugeley. I arrived at Shrewsbury about eight o’clock. I went to the Raven. I knew the room which Palmer generally had, and I went up to see if he was there. That was between eight and nine o’clock. I went there direct from the railway station. I saw Cook at the door outside. He asked me what brought me there. I told him I was come to see how they were getting on. I found that Palmer had gone out, and I then went into the town. I was away about an hour, and then returned to the Raven. I went into Palmer’s sitting-room. Palmer was not there. I waited in the sitting-room till he came. There was a man named Shelley there. He was a betting man. I waited about a couple of hours before Palmer came in. I think he came in about twelve o’clock, but I can’t say exactly. He came in with Cook. I saw that Cook was the worse for liquor. He was not very drunk, but I could see that he was the worse for liquor. The brandy and water was brought in directly. The brandy was in a decanter. I believe the water was on the table, but cannot say. I should say the brandy and the tumbler were brought up together. I don’t remember Mrs. Brooks coming. I don’t remember Palmer being called out of the room. I remember a gentleman coming in. I know now that he was Mr. Fisher. Before Fisher came in, Palmer had not left the room. That I will swear. Palmer never left the room until he went to bed. I swear that positively. I was close to him the whole time. When Fisher came in, Cook asked Palmer to have some more brandy and water. Palmer said he would not have any more unless Cook drank his. It was evident to any one that Cook was the worse for liquor. Cook said, “I’ll drink mine,” and he drank it at a draught. Directly after he drank it he said, “There’s something in it.” He did not say, “It burns my throat dreadfully.” He said the brandy was not good. I will swear he did not say, “it burns my throat dreadfully,” or anything of that kind. He gave it to some one to taste. I believe it was Fisher, but will not swear. I can’t say whether it was Palmer or Cook who gave it to Fisher to taste. I believe there were only four persons in the room at the time. I can’t say whether any other person came into the room before we went to bed. Cook had emptied the glass as nearly as possible; there was a little left in it. I can’t swear whether Palmer touched the glass or not. I believe he did taste. I believe Palmer said he could not taste anything that was the matter with the brandy and water, and he gave it to Fisher. I don’t recollect Fisher saying, “It’s no good giving me the glass—it is empty.” I can’t swear whether he said so or not. I should think we remained in the room twenty minutes after that. Cook did not leave the room before we went to bed. Palmer and I went straight up to bed. We left Cook in the sitting-room. I did not hear that night that Cook had been vomiting and was ill. I took one glass of brandy and water. We had one glass each. The water was cold. On the following day I dined with Palmer at the Raven. Mr. Cook served me with what I had to eat. During the first two days of the inquest I was at home at Rugeley. I did not go to the inquest.
Re-examined by Mr. Grove: I was not subpœned for the Crown; I was examined, but not summoned. The deputy-governor was not present all the time I was with Palmer at Stafford. He went out once, but another officer came in. Palmer did not say a word about this case. There was an officer present the whole time.
The Attorney-General: I wish to ask the witness whether he did not tell Mr. Gardner, when he was asked about the brandy and water, that he knew nothing about it?
The Lord Chief Justice: There is no objection to that question.
Witness: I never spoke to him about brandy and water at all.
The Attorney-General: Did you meet him at Hednesford, where Saunders lives?—Yes.
The Attorney-General: Did you not tell him there that you could recollect nothing about brandy and water?—No.