The Attorney-General: Had you no conversation at all?—I had with Mr. Stevens.
The Attorney-General: Did you not say, in Mr. Gardner’s presence, that you could recollect nothing about the brandy and water?—I did not.
The Attorney-General: Were you not examined by Mr. Crisp and Mr. Sweeting before the inquest was held, and did you not tell them that you knew nothing about the brandy and water?—No, I did not.
The Attorney-General: You swear you did not tell them anything about it?—Yes.
John Sargent, examined by Mr. Sergeant Shee: I am not in any business or profession. I am in the habit of attending almost all public races in the kingdom. I knew the late Mr. Cook intimately, and also the prisoner Palmer. I received a letter from Cook during the Shrewsbury races. I was subpœned on the part of the Crown. I have not had any notice to produce that letter. I have not got it. I have searched for it, but I had sent it to Saunders the trainer. I have made application to Saunders for it. The application was by letter. I received a letter in answer. I have seen Saunders since. I have done everything I could to get Cook’s letter. I have not a copy of it, but I know what its contents were.
The Court decided that the contents of the letter could not be received at that moment, as Saunders perhaps might attend before the conclusion of the day.
Examination continued: I was not at Shrewsbury, and only know what Cook stated in his letter. Shortly before Cook’s death I had an opportunity of noticing the state of his throat. I was with him at Liverpool the week previous to the Shrewsbury meeting. We slept in adjoining rooms. In the morning he called my attention to the state of his throat. The back part of the throat was a complete ulcer, and the throat was very much inflamed. His tongue was swollen. I said I was surprised, on seeing the state of his mouth, that he could eat anything. He said he had been in that state for weeks and months, and now he did not take notice of it. That was all that passed respecting the sore throat on that occasion. He had shown his throat to me previously—at almost every meeting we attended. On the platform at Liverpool, after the races, he took a gingerbread cayenne nut by mistake. I saw him take it. He did not know it was a cayenne nut. He told me afterwards that it had nearly killed him. He did not state more particularly then the effect which it had produced on him. I know that Cook was very poor at the Liverpool meeting. That was the week before the Shrewsbury races. He owed me £25, and gave me £10 on account, and said he had not sufficient to pay his expenses at Liverpool, but that I should have the balance of £25 at the Shrewsbury meeting. Cook and Palmer were in the habit of “putting on” horses for each other. They did so at the Liverpool meeting. I put money on at Liverpool for Palmer, and Palmer told me that Cook stood it along with him. I heard Cook, a short time before his death, apply to Palmer to supply him with “black wash.” I don’t know whether it is a mercurial lotion. I never saw Cook’s throat dressed by anybody.
Cross-examined by Mr. James: The black wash was not to be drunk Jeremiah Smith, by Mr. Serjeant Shee: I am an attorney at Rugeley. I am acquainted with the prisoner, and was acquainted with Cook. I saw Cook at the Talbot Arms on Friday, the 16th of November. He was in his bedroom. I saw him about ten o’clock. I was present at his breakfast. A small tray was put on the bed. He took tea for breakfast, and had a wineglass of brandy in it. I dined with him at Palmer’s house. I am not quite positive that I had seen him between breakfast and dinner. We had a rump-steak for dinner. We had some champagne at dinner. We drank port-wine after dinner. He had three bottles altogether, and Cook took his share. Cook, myself, and Palmer dined together. We left the house about six in the evening. Cook and I left the house together. We went to my house, and afterwards to the Albion Hotel, which is next door. We had a glass of cold brandy-and-water. Cook left me there. He said he felt cold, and warmed himself at the fire. He said he had borrowed a book, and would go home and read it in bed. That was between seven and eight o’clock, but I can’t say exactly. In the afternoon, after dinner, we were talking about racing. I asked Cook for money—for £50. He gave me £5. When he was taking the note out of his pocket-case, I said “Mr. Cook, you can pay me all.” He said, “No; there is only £41 10s. due to you.” He said that he had given Palmer money, and would pay me the remainder when he returned from Tattersall’s on the Monday. On the night following (Saturday night) he was not well, and I slept in his room. It was late when I went; I should think about eleven or twelve o’clock. I had been at a concert during the early part of the night on which Cook was unwell. He had got some toast-and-water, and was washing his mouth. He was sick. There was a night chair in the room before the fire. I saw him sitting there. He tried to vomit, but whether he did so or not I cannot say, for I did not get out of bed. I went to sleep about two o’clock. I slept until Palmer and Bamford came into the room in the morning. I lay still in bed, and heard a conversation between the doctor and Cook. Bamford said, “Well, Mr. Cook, how are you this morning?” Cook said, “I am rather better this morning. I slept from about two or three o’clock, after the house had become quiet.” Bamford said, “I’ll send you some medicine.” I don’t recollect any further conversation. I know Mrs. Palmer, prisoner’s mother. She sent a message to me on Monday, and I went to her and saw her. In consequence of what had passed, I went to look for the prisoner to see if he had arrived. That was about nine o’clock. I saw Palmer at ten minutes past ten. He came from the direction of Stafford, in a car. He said to me, “Have you seen Cook to-day?” I said, “No; I have been to Lichfield on business;” on which Palmer said he had better go and see how he was before he went to his mother’s. Palmer and I went up to Cook’s room together. Cook said, “You are late, doctor, to-night. I did not expect you to look in. I have taken the medicine which you gave me.” We did not stay more than two or three minutes, and I think Cook asked me why I did not call earlier. I said I had been detained on business. Cook said Bamford had sent him some pills, which he had taken; and he intimated that he would not have taken them if Palmer had come earlier. Cook told Palmer, that he had been up talking with Saunders, and Palmer said, “You ought not to have done so.” Palmer and I left the room together, and we went straight to his mother’s. The distance of Mr. Palmer’s house from the Talbot Arms is about four or five hundred yards. We were there about half an hour. We both left together and went to Palmer’s house. I entered with him. I asked him to let me have a glass of grog, but did not get it. I then went home. After dining with Palmer on Friday, I invited Cook and Palmer to dine with me on the next day, Saturday. Cook sent me a message, stating that he was not well and could not leave his room. I ordered a boiled leg of mutton for dinner, and sent part of the broth from the Albion by the charwoman—I think her name was Rowley. Previous to Cook’s death I borrowed £200 for Cook, and negotiated a loan with Pratt for him for £500. The £200 transaction was in May. I borrowed £100 of Mrs. Palmer, and £100 of William Palmer, making together the £200 to which I have referred. I knew that Palmer and Cook were jointly interested in one horse, and that they were in the habit of betting for each other. When Cook’s horse was going to run, Palmer “put on” for him; and when Palmer’s ran, Cook “put on” for him. I have seen Thirlby, Palmer’s assistant, dress Cook’s throat with caustic. I think this was before the races at Shrewsbury. I have some signatures of Cook’s which I know to be in his handwriting. The two notes with instructions to negotiate the loan of £500, I saw Cook sign. [The notes were put in.] One of them is signed “J. P. Cook,” the other “J. Parsons Cook.” I knew from Cook that he was served with a writ. I do not remember that I received any instruction to appear for him.