Cross-examined by Mr. Serjeant Shee.—Mr. Smith was in the habit of putting up at the Albion. He was friendly with Cook. Cook was to have dined with Smith that day, but was not able to go. Mrs. Robinson, the landlady of the Albion, made the broth, but I don’t know by whose orders.
By Lord Campbell.—The broth was at the fire in Palmer’s kitchen about five minutes.
Charles Horley, examined by Mr. Bodkin.—I am a gardener living at Rugeley, and was occasionally employed by the prisoner in his garden. On the Sunday before Cook died, Palmer asked me to take some broth to Cook. That was at Palmer’s house, where I was in the habit of going. It was between 12 and 1 o’clock. He gave me the broth in a small cup with a cover over it, and told me to take it to the Talbot Arms for Cook. I did so. I cannot say whether or not the broth was hot. I gave it to one of the servant girls at the Talbot Arms, but which I cannot say.
The witness was not cross-examined.
Sarah Bond, examined by Mr. Huddleston: In November last I was housekeeper at the Talbot Arms. I knew Cook. He stayed at the Talbot Arms. I remember his going to Shrewsbury races on the 12th of November. He returned on the Thursday. I heard him say that he was very poorly. I did not see him on the Friday or Saturday. On Sunday I saw him about eight o’clock in the evening. He was in bed. He said that he had been very poorly, but was better. Very soon afterwards I saw Palmer. I asked him what he thought of Cook, and he replied that he was better. On Saturday night Smith had slept in the room with Cook. On the Sunday evening I asked Palmer if Cook would not want somebody with him that night, and Palmer replied that he was so much better, that it would not be necessary that any one should be with him. I asked if Daniel Jenkins, the boots, should sleep in the room. Palmer said, that Cook was so much better he had much rather he did not. On the Monday morning, a little before seven o’clock, I saw Palmer again. He came into the kitchen to me. I asked him how Cook was. He said he was better, and requested me to make him a cup of coffee. He did not say anything about its strength. He remained in the kitchen, and I made the coffee and gave it to him. He told me that he was going to London, and that he had written for Mr. Jones to come to see Cook. On the Monday night, hearing from the waitress that Cook was ill, I went up to his room between eleven and twelve o’clock. When I went into the room Cook was alone. He was sitting up in bed, resting on his elbow. He seemed disappointed, and said he did not want to see me, but Palmer. I went out on to the landing, and soon afterwards Palmer came. Palmer went into the room. I could not see what was done in the room. Palmer came out, went away for a few minutes, and then returned. After he came back, I heard that Cook had vomited. Cook said, he thought he should die. Palmer cheered him up, and said, that he would do all he could to prevent it. When Palmer came out of the room again, I asked him if Cook had any relatives, and he said that he had only a step-father. I saw Cook again between three and four o’clock on Tuesday. That was when Mr. Jones came. A little after six o’clock I took some jelly up to Cook. He seemed very anxious for it, and said that he thought he should die. I thought he seemed better. I did not see him again alive. Between eight and nine o’clock on Wednesday morning, I locked the door of the room in which Cook’s body lay. About nine o’clock I gave the key to Mr. Tolly the barber, when he came to shave the corpse. On Thursday I gave it to Lavinia Barnes. After that I went up to the room and met Palmer coming out of it. After I came out the door was locked, and I had the key. On Friday, when Mr. Stevens came, I gave the key to the undertaker.
Cross-examined by Mr. Grove: The passengers by the express train from London arrived at Rugeley about ten o’clock in the evening. They come by fly from Stafford.
William Henry Jones, examined by the Attorney-General: I am a surgeon, living at Lutterworth. I have been in practice fifteen years. I was acquainted with Cook, who from time to time resided at my house. I had been on terms of intimacy with him nearly five years. He was twenty-eight years of age when he died, and unmarried. He was originally educated for the law, but of late years had devoted himself to agriculture and the turf. The last year or two he had no farm. He kept race-horses and betted. I had known Palmer about twelve months. Lately Cook considered my house at Lutterworth as his home. I have attended him professionally. His health was generally good, but he was not very robust. He was a man of active habits. He both hunted and played cricket. In November last he invited me to go to Shrewsbury to see his horse run, and I went. I spent Tuesday, the 13th, with him there. That was the day on which Polestar ran and won. I dined with Cook and other friends at the Raven Hotel, where he was staying. The horse having won, there was a little extra champagne drunk. We dined between six and seven o’clock, and the party broke up between eight and nine. Cook afterwards accompanied me round the town. We went to Mr. Fraill’s, who is clerk of the course. I saw Cook produce his betting-book to Whitehouse, the jockey. He calculated his winnings on Polestar. There were figures in the book. Cook made a statement as to his winnings.
Mr. Serjeant Shee objected to this statement being given in evidence, and the Attorney-General, therefore, did not ask any questions as to its purport.
Examination resumed: I left the Raven Hotel at ten o’clock. Cook was then at the door. He was not at all the worse for liquor. He was in his usual health. On the following Monday I received a letter from Palmer.
This letter, which was put in and read, was as follows:—