And did he not? Was it not true? It may not be true that he sat up the whole of the nights, but he was ready to be called if Cook should be ill. Elizabeth Mills says, that after the first serious paroxysm on the Monday night she left Palmer in the arm-chair, sleeping by the side of the man whom the prosecution say he had attempted to murder. No; murderers do not sleep by their victims. What was Pratt’s answer to Palmer’s letter? I will read it, that you may see what quick ruin Cook’s death brought upon Palmer. That answer, dated November 22, is as follows:—
“I have your note, and am greatly disappointed at the non-receipt of the money as promised, and at the vague assurances as to any money. I can understand, ’tis true, that your being detained by the illness of your friend has been the cause of not sending up the larger amount, but the smaller sum you ought to have sent. If anything unpleasant occurs you must thank yourself.”
“The death of Mr. Cook will now compel you to look about as to the payment of the bill for £500, on the 2d December.”
“I have written to Saunders, informing him of my claim, and requesting to know by return what claim he has for keep and training. I send down copy of bill of sale to Crubble to see it enforced.”
So that the first effect of Cook’s death was, in the opinion of Pratt, who knew all about it, to saddle Palmer with the sum of £500. Now I will undertake to satisfy you that the transactions out of which that bill for £500 arose were transactions for Cook’s benefit, and in which Palmer lent his name to accommodate Cook, upon whose death he became primarily and alone responsible for the bill. Let me state the view which my learned friend (the Attorney-General) takes of that transaction, because I intend to meet his case foot by foot, and I shall, I hope convince him that, if he had had the option, he would never have taken up this case—the Crown would never have appeared in it. The universal feeling in the country was, however, such as to render it impossible that the case should not be tried, after the verdict of wilful murder had been obtained upon the evidence of Dr. Taylor; and the Crown felt that it would be neglecting its solemn duty to protect every one of the Queen’s subjects, if it did not take care that a man against whom there was so much prejudice—a man leading the life which Palmer has led, disgraced, as it is said, by forgeries to a large amount, and a gambler by profession—should have a fair trial. There was no way of securing that, as my learned friend at once saw, no possibility of the prisoner’s being saved, except by giving to the counsel who defended him all the information which my learned friend himself possessed. The view which my learned friend takes of the £500 transaction, the theory on which he thinks it probable that Palmer plotted the death of Cook, is this:—
“Pratt still declining to advance the money, Palmer proposed an assignment by Cook of two race horses, one called Polestar, which won the Shrewsbury Races, and another called Sirius. That assignment was afterwards executed by Cook in favour of Pratt, and Cook, therefore, was clearly entitled to the money which was raised upon that security, which realised £375 in cash, and a wine warrant for £65. Palmer contrived, however, that the money and the wine warrant should be sent to him, and not to Cook. Mr. Pratt sent down his check to Palmer in the country on a stamp, as the act of parliament required, and he availed himself of the opportunity now afforded by law of striking out the word ‘bearer’ and writing ‘order,’ the effect of which was to necessitate the endorsement of Cook on the back of the cheque. It was not intended by Palmer that those proceeds should fall into Cook’s hands, and accordingly he forged the name of John Parsons Cook on the back of that cheque. Cook never received the money, and you will see that, within ten days from that period when he came to his end, the bill in respect of that transaction, which was at three months, would have fallen due, when it must have become apparent that Palmer received the money, and that, in order to obtain it, he had forged the endorsement of Cook.”
That is the view which the prosecution take of the case, and I think I shall be able to satisfy you that it cannot possibly be the correct one. We know from Pratt exactly what took place. Palmer wrote to him saying,—
“I have undertaken to get the enclosed bill cashed for Mr. Cook. You had the £200 bill of his. He is a very good and responsible man. Will you do it? I will put my name to the bill.”
So that it was represented to Pratt as a transaction for the accommodation of Cook. Pratt’s answer to that is:—
“If Mr. Cook chooses to give me security, I have no objection; but he must execute a bill of sale on his two horses, Polestar and Sirius; more, he must execute a power of attorney, and his signature to both must be witnessed by some solicitor in the country, so that I may be quite sure that it is a really valid security. If Cook will do that I will give him £375 in money, and a wine warrant for £65; which, charging £10 for expenses, and £50 for discount, will make £500.”