Lord Campbell: Did you put your lips to it?
Witness: I did not. It was completely drained. Within ten minutes I retired. Cook had left the room, and then came back and called me from it. We went to my own sitting room. He there told me he was very ill and very sick, and asked me to take his money.
Mr. E. James: Did he state what he was suffering from?
Mr. Serjeant Shee objected to this question.
Lord Campbell: Surely his statement of the effect produced on him by what he had just swallowed is admissible.
Witness: He said he was very sick, and he thought “that d—— Palmer” had dosed him. He handed me over some money, between £700 and £800, in bank notes, to take care of. He did not sleep in the same room with Palmer. He was seized with vomiting after he had given me the money, and left the room. He afterwards came back to my room, and again complained of what he had been suffering. He asked me to go to his bedroom. I went with him. Mr. Jones, a law-stationer, went with me. He then vomited again violently, and was so ill that I sent for a doctor—Mr. Gibson, who came about half-past twelve or a quarter to one. I remained with Cook till two o’clock. I sent for Mr. Gibson a second time, and he sent some medicine, which Cook took. After seeing the doctor and taking the medicine he became more composed. Mr. Jones and I gave him the medicine. Next morning, about ten o’clock, I saw Palmer. I found him in my sitting-room when I came down stairs; he said, “Cook has been stating that I gave him something in his brandy. I never play such tricks with people. But I can tell you what he was. He was d——d drunk.” I should say Cook was certainly not drunk.
Lord Campbell: Was he affected by liquor?
Witness: Not at all approaching drunkenness, my lord. Cook came into my bedroom before I was up the same morning. He was much better, but still looked ill. I gave him back his money. About three o’clock on that day (Thursday) I saw Cook on the race-course. He looked very ill. I had always settled Cook’s bets for him when he did not settle them himself. I saw his betting-book in his hand. It was dark in colour, and about half the size of this. (The witness here produced a small black pocketbook). On the 17th of November (Saturday), by Cook’s request, I paid Pratt £200. His account, in the ordinary course, would have been settled at Tattersall’s on Monday, the 19th. I advanced the £200 to pay Pratt. I knew that Cook had won at Shrewsbury, and I should have been entitled to deduct that £200 from his winnings, if I had settled his account at Tattersall’s. I did not settle that account, and I have not been paid my advance.
Cross-examined by Mr. Serjeant Shee.—I had known Cook about two years, and Palmer longer. They were a good deal connected in racing transactions.
Do you know that they were partners?—I don’t remember settling any transactions in which they were jointly interested, and I don’t know that they owned horses jointly. They appeared very intimate and were much together, generally staying at the same hotels. I was not at the Worcester meeting. I don’t know whether Palmer won at Shrewsbury as well as Cook. The races began on the Tuesday about 2 o’clock. Polestar ran about an hour afterwards, but I cannot tell the exact time. I saw Cook on the course after the race, and he appeared much elated. Polestar won easily. In the evening, when I went into the sitting-room, there was a candle on the table. A glass was ordered for me when I sat down. I don’t remember drinking anything, but I cannot swear that I did not. I am a good judge of brandy by the smell. I said there was nothing particular in the smell, but the glass was so completely drained, that there was very little to smell. I counted the money Cook gave me. I had been at the Unicorn that evening quite an hour before. I dined at the Raven about 6 o’clock. I did not see Cook after the race on the Wednesday, till I saw him at the Unicorn, between 9 and 10 o’clock in the evening. I merely looked into the room. I saw Sandars, the trainer, Cook, Palmer, and a lady. I can’t say whether they were drinking.