All these things must be taken into account in deciding upon the credibility of the witness Smith. His Lordship then proceeded to say that that was all the evidence which had been adduced; and to direct the attention of the jury generally to the state of the pecuniary transactions between Cook and the prisoner,—to the loss of the betting-book—to the alleged tampering with the post-boy for the purpose of upsetting the jar—to the resemblance of Cook’s symptoms to death by strychnine—and, above all, to the purchase of strychnine by the prisoner. The case was then in their hands; the evidence was before them, and they were to decide by that evidence; not to convict the prisoner upon suspicion, or strong suspicion merely; but to weigh the evidence to the best of their judgment; to give the prisoner the benefit of any doubt, if doubt existed, but not to be deterred by any consideration from a due discharge of their duty.
Mr. Serjeant Shee took exception to the summing up of the Lord Chief Justice, considering that the question whether the symptoms of Cook were the symptoms of strychnia was a question which ought not to have been put, unless there had been added, or symptoms that might have been produced by any other cause.
Lord Campbell told the jury that unless they considered the death of Cook was consistent with symptoms of death by strychnine, they ought to acquit the prisoner.
Mr. Serjeant Shee urged that the question ought not to have been put, in his opinion; but if over-ruled, he must submit.
The Lord Chief Justice said he had submitted to the jury that it would be for them to consider whether the symptoms of Cook were such as might have resulted from natural disease; but if they thought those symptoms such as might have been produced by strychnine, then they were to consider the evidence, and come to a conclusion as to whether the prisoner administered it or not.
The jury then retired to consider their verdict at eighteen minutes past two, the judges also retiring; and the prisoner, who wore upon his features an expression of mute despair, was then, according to such cases, taken down below.
The crowds in the court broke up into noisy conversational groups as to the nature of the coming verdict, and the news that the jury were deliberating travelled fast and far, causing intense excitement outside the Court, where an immense mass of people speedily assembled.
During the absence of the jury, there was one little incident, full of significant import, which awakened marked attention, viz., the entrance into Court of the Rev. J. Davis, chaplain of Newgate, who took his seat upon the bench near the seats of the judges, in full canonicals, ready to pronounce the final “Amen,” when sentence of death should be pronounced, if the jury convicted the prisoner.
The jury re-entered the Court at thirty-five minutes past three, having been absent one hour and seventeen minutes.
Upon the appearance of the jury every whisper ceased, and men seemed scarcely to breathe in the solemnity of the moment.