The jury having been duly empanelled and sworn, the Attorney-General opened the case for the Crown.[A]

Evidence for the Prosecution.

Ishmael Fisher

Ishmael Fisher, examined by Mr. James—I am a wine merchant. I attend races occasionally, and knew the deceased, John Parsons Cook, for about two years. I was at Shrewsbury Races in November, 1855, and I remember the race for the Shrewsbury Handicap won with a mare called “Polestar,” the property of Mr. Cook. That was on Tuesday, the 13th of November. I saw Mr. Cook, the deceased, that day upon the course. He appeared in his usual health and spirits. At Shrewsbury I stopped at the Raven Hotel. I know Palmer, the prisoner, very well. I have known him a little longer than I have known Mr. Cook. Mr. Cook and Mr. Palmer were also stopping at the Raven Hotel, and were occupying a room near me. There was only a wooden partition between my room and theirs. Between eleven and twelve on the night of Wednesday I went into the sitting room, in which Mr. Cook and Mr. Palmer and Mr. Myatt were. Myatt is a saddler at Rugeley, and is a friend of Palmer. They each appeared to have some grog before them. In my presence Mr. Cook asked Mr. Palmer to have some more brandy and water. Mr. Palmer said, “I shall not have any more till you have drunk yours.” Mr. Cook said then, “I will drink mine,” and he took up his glass and drank it at a drop, or he might have made two drops of it. After he had drunk it he said, “There is something in it.” He also said, “It burns my throat dreadfully.” Mr. Palmer then got up and took up the glass. He sipped up what was left of the glass, and said, “There is nothing in it.” There appeared to be certainly not more than a teaspoonful left by Mr. Cook. At that time a Mr. Reid, whom I knew, came in. He is a wine merchant, and attends races. After Palmer had put his glass to his mouth and said, “There is nothing in it,” he handed the glass to Reid, and asked him if he thought there was anything in it. The glass was also handed to me. We each said the glass being so empty we could not recognise anything. I said I thought there was rather a strong scent upon it, only I could not detect anything besides brandy. About ten minutes after this Cook retired from the room. Cook then came back and called me out of the room, and I went with him into my sitting room. Cook at that time was very ill. He had been sick. He said he had been very sick, and he thought that Palmer had dosed him. On that occasion he handed me over a sum of money, between £700 and £800 in bank notes. It was given to me to be taken care of. He did not say till when. Mr. Palmer and Mr. Cook jointly occupied a sitting room. They occupied different bedrooms. After Cook had given me this money he was immediately seized with sickness. I saw him in the same room and in his own bedroom. He again complained of suffering during the time he was absent, and said he had been again very sick. He asked me to go with him to his bedroom, which I did. A Mr. Jones, a stationer, went with me to his bedroom. While we were there he was violently vomiting again, so much so that we thought it right to send for the doctor, Mr. Gibson. We left him that morning in his room about two o’clock or a little after. Mr. Gibson came about half-past twelve or a quarter to one. I again sent for Mr. Gibson, as Cook was so ill. The second time I sent was about one, as near as I can remember. After taking some medicine Cook became more composed. The medicine was sent by Mr. Gibson, but he did not administer it himself. Mr. Jones and myself gave him the medicine. The next morning about ten o’clock I saw Palmer in my own sitting room. He was in the sitting room when I got downstairs. He said that Cook had been stating he had given him something last night, that he had been putting something in his brandy, or something to that effect. Palmer said he never played such tricks with people. He said, “I can tell you what he was; he was very drunk.” Cook certainly was not drunk. I did not see him at dinner, but I saw him some time after, and from what I observed of him he was certainly sober. On the same morning Mr. Cook came up to my bedroom after he had got up. He was looking very ill. I gave him back his money. On that day (Thursday) I saw Mr. Cook on the racecourse at Shrewsbury. It would be about three o’clock. He looked very ill. I frequently had been in the habit of settling his bets for him when he did not settle them himself. I was in the habit of paying and receiving for him at Tattersall’s and other places. At Shrewsbury I saw Cook’s betting book in his possession. It was a little more than half the size of this (a small memorandum book). As nearly as I can remember, it was very nearly this colour (a dark colour). On the 17th, which was Saturday, I paid to Mr. Pratt, by direction of Mr. Cook, £200 in a cheque. As his agent I expected to settle his Shrewsbury account at Tattersall’s on the following Monday, and I should have been entitled to deduct the £200. That was the course of dealing between us, but I did not settle that account, as it turned out.

[A] See Introduction, p. 2.

Cross-examined by Mr. Serjeant Shee—I have known Mr. Palmer a little longer than Mr. Cook. I knew that they were a good deal connected with racing transactions. They appeared to be very intimate, and were a great deal together. They generally stayed at the same hotels. I knew that Cook won considerably at Shrewsbury. I knew that “Polestar” was his mare. I do not know whether Palmer also won. I saw Mr. Cook after the race on the course. He appeared very much elated and gratified. “Polestar” won easily. In the room to which I went in the evening, in which Mr. Cook, Mr. Palmer, and Mr. Myatt were, I remember seeing a glass before Mr. Palmer and before Mr. Cook. I could not answer for Myatt’s glass. I believe there was one decanter on the table. I did not observe sufficiently the glasses to see whether both had been drinking. Mr. Cook asked me to take some brandy. I do not recollect drinking any, but I cannot positively remember. I was not tipsy. I do not think I drank anything. I believe I am a good judge of brandy by the smell. I smelt this glass, and said that it had a strong smell about it, but I thought there was nothing in it unlike brandy. The glass was perfectly empty, and had been completely drained. I had been in the Unicorn in the evening before this occurred. I saw both Cook and Palmer at the Unicorn on Wednesday night about nine o’clock, or between nine and ten. I cannot say if he was drinking then. I do not know that a good number of people happened to be ill at Shrewsbury on that Wednesday or Tuesday. I had a friend who was rather poorly there from a different kind of illness to Mr. Cook. Wednesday was rather dull. I do not know that it rained, but it was damp under foot I remember. I saw Mr. Cook about the racecourse several times on Wednesday. On Thursday I remember the weather was rather cold and damp, but I cannot say whether it rained or not. On the 16th or 17th of November I received a letter from Mr. Cook, dated Rugeley, 16th November, 1855—

Dear Fisher,—It is of very great importance to both Mr. Palmer and myself that the sum of £500 should be paid to Mr. Pratt, of Queen Street, Mayfair, to-morrow, without fail. £300 has been sent up to-night, and if you will be kind enough to pay the other £200 to-morrow on receipt of this, you will greatly oblige me. I will settle it on Monday at Tattersall’s. I am much better.

I received this on the 17th at No. 4 Victoria Street, London. I considered that Palmer and Cook were for some time jointly connected with racing transactions, but there is no proof of it. Cook was not more elated after winning than people usually are.

Thomas Jones

Thomas Jones, examined by Mr. Welsby—I am a law stationer, and was at Shrewsbury Races last November. I stayed at the Raven. On the Monday night Cook supped with me and some other friends. He appeared well on that occasion, as he also did on the Tuesday and Wednesday. On Wednesday night, between eleven and twelve, Mr. Cook came into my room at the Raven and invited me into his. I went there, and found, amongst other people in the room, Palmer. After the party broke up Mr. Fisher said something to me about Cook, in consequence of which I went up to Cook’s bedroom. I found him there, and he complained of a burning in his throat. He was vomiting. Some pills and a draught were brought. Mr. Cook refused to take the pills, in consequence of which I went to the doctor, Mr. Gibson, and got some liquid medicine from him, which I brought back and gave to Mr. Cook. He drank about a wineglassful of the medicine, and after that he also took some of the pills. Next morning, between six and seven, I again saw him. He looked pale, and appeared to be unwell.