George Herring, examined by Mr. Welsby: I live near New Cross, and am independent. I knew Cook, and met him at the Shrewsbury races last November. I put up at the Raven. He appeared in his usual health. I saw him between six and seven on Wednesday, the second day of the races. I had a private room, with Mr. Fisher, Mr. Reed, and Mr. T. Jones. It was next the room occupied by Cook and Palmer. On Thursday (the following day) I saw Cook. I do not know that at that time he had any money with him, but I saw him with Bank of England and provincial bank notes on Wednesday. He unfolded them on his knees in twos and threes. There was a considerable number of notes. He showed me at Shrewsbury his betting-book. It contained entries of bets made on the Shrewsbury races. On Monday, the 19th of November, I received a letter from Palmer. I have it here.
The Clerk of Arraigns read the letter, of which the following is a copy:—
Dear Sir,—I shall feel much obliged if you will give me a call at 7, Beaufort-buildings, Strand, on Monday, about half-past two.
“I am, dear Sir, very truly yours,
“W. Palmer.”
Examination continued: I received this letter on Monday, and called at Beaufort-buildings that same day, at half-past two exactly. I found Palmer there. He asked me what I would take? I declined to take anything. I then asked him how Mr. Cook was? He said, “He’s all right; his physician gave him a dose of calomel, and advised him not to come out, it being a damp day.” I don’t know which term he used, “damp” or “wet.” He then went on to say, in the same sentence, “What I want to see you about is settling his account.” While he was speaking he took out half a sheet of note paper from his pocket, and it was open when he had finished the sentence. He held it up, and said, “This is it.” I rose to take it. He said, “You had better take its contents down; this will be a check against you.” At the same time he pointed to some paper lying on the table. I wrote on that paper from his dictation. I have here the paper which I so wrote. [The witness read the document in question, which contained instructions as to certain payments he should pay out of moneys to be received by him at Tattersall’s, on account of the Shrewsbury races.] Palmer then said, that I had better write out a cheque for Pratt and Padwick—for the former £450, and for the latter £350, and send them at once. I told him I had only one form of cheque in my pocket. He said I could easily fill up a draught on half a sheet of paper. I refused to comply with his request, as I had not as yet received the money. He replied that it would be all right, for that Cook would not deceive me. He wished me particularly to pay Mr. Pratt the £450. His words, as nearly as I can remember them were, “You must pay Pratt, as it is for a bill of sale on the mare.” I don’t know whether he said “a bill of sale,” or “a joint bill of sale.” He told me he was going to see both Pratt and Padwick, to tell them that I would send on the money. Previous to his saying this, I told him that if he would give me the address of Pratt and Padwick, I would call on them, after I had got the money from Tattersall’s, and give it to them. He then asked me what was between us. There was only a few pounds between us, and after we had had some conversation on the point he took out of his pocket a £50 Bank of England note. He required £29 out of the note; and I was not able to give it; but he said that if I gave him a cheque it would answer as well. I gave him a cheque for £20, and nine sovereigns.
When I was going away I do not remember that he said anything about my paying the money to Pratt and Padwick. He said on parting, “When you have settled this account write down word to either me or Cook.” I turned round and said, “I shall certainly write to Mr. Cook.” I said so because I thought I was settling Mr. Cook’s account. He said, “It don’t much matter which you write to.” I said, “If I address ‘Mr. Cook, Rugeley, Stafford,’ it will be correct, will it not?” He said, “Yes.” After leaving Beaufort Buildings I went to Tattersall’s. I then received all the money I expected, except £110 from Mr. Morris, who paid me £90 instead of £200. I sent from Tattersall’s a cheque for £450 to Mr. Pratt. I posted a letter to Cook from Tattersall’s, and directed it to Rugeley. On Tuesday the 20th, next day, I received a telegraphic message. I have not got it here. I gave it to Captain Hatton, at the coroner’s inquest at Rugeley. In consequence of receiving that message I wrote again to Cook that day. I addressed my letter as before, but I believe the letter was not posted till the Wednesday. I had three bills of exchange with me. I know Palmer’s handwriting, but never saw him write. I cannot prove his writing; but I knew Cook’s writing, and I believe the drawing of two and the accepting of the three bills to be in his writing. I got them from Fisher, and gave him cash for them. [The witness Boycott was recalled, and identified the signatures on the bills as those of Palmer and Cook.] Examination continued: The bills are each for £200. One of them was payable in a month, and when it fell due, on October 18, Cook paid the £100 on account. He paid me the remaining £100 at Shrewsbury, but I cannot tell with certainty on what day. I did not pay the £350 to Mr. Padwick. I hold another bill for £500. [Thomas Strawbridge, manager of the bank at Rugeley, identified the drawing and endorsing as in the handwriting of Palmer. The acceptance, purporting to be in the writing of Mrs. Sarah Palmer, he did not believe to have been written by her.] Examination continued: I am sure that the endorsement on the £500 bill is in Cook’s writing. I got the bill from Mr. Fisher. I paid £200 on account of it to Palmer, and £275 to Mr. Fisher. The balance was discount. It was not paid at maturity. I have taken proceedings against Palmer to recover the amount.
Cross-examined by Mr. Grove: Several people were ill at Shrewsbury on the second day of the races. They suffered from a kind of diarrhœa. I was one of those so affected. I had my meals at the Raven, where I put up, as also had my companions. They were not ill, but a gentleman who dined with us one day at the inn was. Palmer did not dine with me any day at the Raven. I saw Cook several times on the racecourse. The ground was wet. I remonstrated with him on Thursday for standing on it. That was after he had been taken ill on Wednesday. I was with Palmer for about an hour at Beaufort-buildings.
Frederick Slack, examined by Mr. Huddleston: I am the porter at Mrs. Hawkes’s boarding-house at Beaufort-buildings. On the 1st of December I saw Palmer there, and he gave me the direction to put on a hamper containing game. It was “W. W. Ward, Esq., Stoke-upon-Trent, Staffordshire.” He told me to buy a turkey, a brace of pheasants, a codfish, and a barrel of oysters; and to buy them wherever I pleased. He said he did not wish the gentleman for whom they were intended to know from whom they came. I saw him write the direction in the coffee-room. I got the hamper and put all the things in it. I sewed it up and took it to the railway. Mrs. Hawkes bought the fowl, and I the other articles.
It being now within five minutes of 6 o’clock the Court intimated its intention not to proceed further with the case that evening.