Then I say, gentlemen, that it will not at all influence your verdict unless you come to the conclusion that the symptoms of Mr. Cook were consistent with a death by strychnia; but if you come to that conclusion I should shrink from my duty, and I should be unworthy to sit here, if I did not draw to your consideration the importance of the testimony and the inference it may afford of the death having been occasioned by strychnia, and that that was administered by the prisoner.
[The evidence as to the post-mortem was then read, and that of the postboy, of Cheshire, the postmaster, and several others, without comment of material importance. Passing to the scientific witnesses, his lordship said—“Now, gentlemen, you are called upon to form your opinion as to the opinion of scientific men respecting the appearance of the symptoms that Cook exhibited, and how far they can be accounted for by natural disease, and how far also, upon the evidence, they are consistent with strychnia. Whether they agree with traumatic or idiopathic tetanus, whatever it may be, or whether the symptoms correspond with a natural disease, and do not correspond with strychnia, is a matter that is of very great importance for you to consider.” Until his lordship reached Dr. Taylor the scientific evidence was read to the jury with no material comments.]
Lord Campbell
The next witness is Dr. Taylor. Now, gentlemen, here is something most important for your consideration. You see it is very properly relied on, on the part of the prisoner, that, though strychnia may be found in the body by analysis, none was found upon the analysis which was made by Dr. Taylor and Dr. Rees, for they, and they alone, experimented upon it, and they could find none. We know that experiments were made by those two individuals, and they say that, so far as their skill goes, there may be death by strychnia and yet that strychnia cannot be detected. But Dr. Taylor and Dr. Rees state experiments that they made where the death had been by strychnia which they themselves administered; and in at least two of those cases where there had been death by strychnia they could discover none. Now, it is possible that other chemists and other medical men might have discovered strychnia in those animals, and might have discovered strychnia in the body or in the jar which contained the stomach of Cook, but they found none in their analysis. They found none also in at least two cases where they killed animals by strychnia, and afterwards did all their skill enabled them to do for the purpose of discovering the strychnia. I thought at one time that these examinations were made with a view to show that, if the pills prepared by Mr. Bamford had been taken as he prepared them, mercury ought to have been found in the body of Mr. Cook; but I think that was not pressed, and I should think that it ought not to have any influence upon your verdict—there was no mercury found. There was mercury in the pills which Mr. Bamford prepared, and which Cook ought to have taken, but the simple fact of no mercury being found in those parts of Cook’s body that were examined ought not to have any influence upon your verdict; but that, of course, you will judge of for yourselves. Then the learned counsel, in cross-examination, read a passage from Orfila about a dog who had taken antimony, and some few minutes afterwards antimony was found in the bones, in the fat, and in the liver. (His lordship read the letter written by Dr. Taylor to Mr. Gardener.) You will bear in mind, gentlemen, that was written before the symptoms were known to Dr. Taylor and Dr. Rees, but they had been informed that prussic acid and strychnia and opium had been bought by Palmer on the Tuesday. They search for all these poisons and they find none; but they swear distinctly that they found antimony in the body, and therefore, in the absence of the symptoms, they do not impute the death to strychnia, but they say it may possibly have been produced by antimony, because the quantity they discovered in the body was no test of the quantity that had been administered to the deceased. Then a letter was read which Dr. Taylor wrote to the Lancet, and I must say that he would have done better to have abstained from taking any notice whatsoever of what was said about him, but you will say whether what he did write materially detracts from the credit which would otherwise be due to him. I think the passage in this letter in the Lancet, which was relied on, is the last passage which I will read to you. He explains what his evidence had been, and complains of the reports that had been spread abroad respecting him, and then he concludes his letter thus—“In concluding this letter I would observe that during a quarter of a century which I have now specially devoted to toxicological inquiries, I have never met with any cases like those suspected of poisoning at Rugeley. The mode in which they will affect the person accused is of minor importance compared with their probable influence on society. I have no hesitation in saying that the future security of life in this country will mainly depend on the judge, the jury, and the counsel who may have to dispose of the charges of murder which have arisen out of these investigations.” I again say that I think it would have been better if he had trusted to the credit which he had already acquired, instead of writing a letter to the Lancet; but it is for you to say that he, having been, as he says, misrepresented, and writing this letter to set himself right, whether that materially detracts from the credit which is due to him.
Then Dr. Rees follows, and he corroborates the evidence given by Dr. Taylor. Here, therefore, is Dr. Rees, whom no one can suppose to have an interest in the matter. I do not know what interest it can be supposed that Dr. Taylor had in the matter, for he was regularly employed in his profession; he knew nothing about Mr. Palmer until he was called on by Mr. Stevens to analyse the contents of the jar; he had no animosity against him, and no interest whatever in misrepresenting the matter.
Mr. Serjeant Shee—He said that the experiments with the two rabbits were made after the inquest.
Lord Campbell
Lord Campbell—Certainly; it cannot matter whether they were made before or after if they are witnesses of truth. It is the case that there was the death of the animals by strychnia, and that after death no strychnia could be found in the animals; and, if the experiments had been made this morning, the effect would have been the same. Dr. Taylor has been questioned about the indiscreet letter which he wrote to the Lancet and some indiscreet conversation which he had with the editor of the Illustrated Times; but with regard to Dr. Rees that imputation does not exist, and he concurs with Dr. Taylor in the evidence that the rabbits were killed by strychnia, and that, although they did everything in their power, according to their skill and knowledge, to discover the strychnia, as they did with regard to the contents of the jar, yet no strychnia could be found. You will judge from the vomiting that took place at Shrewsbury, and afterwards at Stafford, whether antimony may have been administered to Cook at Shrewsbury or Stafford. Antimony may not produce death; but it is part of the transaction, and deserves your deliberate consideration.