The next witness is a witness worthy of all praise for the sincerity which he exhibited. I mean Dr. Wrightson. Now, gentlemen, this witness, who, I have no doubt, is a most scientific and a very honourable man, speaks as a man of science, and, according to him, the poison would be found in the body; but he speaks with proper caution, and upon his evidence you ought to say whether, under particular circumstances, it might not be discoverable, or whether the person seeking for it might fail to employ the proper means for detecting it in the body.
Then comes Mr. Partridge, a most respectable gentleman, who says he has been many years in practice as a surgeon, and is professor of anatomy at King’s College. Now, gentlemen, you have here the opinion of a very respectable witness as to the different topics that he touches upon; and the most important one is that he thinks that the symptoms that were exhibited did not correspond with what he should expect from strychnia; but he speaks from his own experience, and you have it from the other witnesses that the symptoms vary considerably in different cases.
The next witness is Mr. John Gay. Now, gentlemen, this was a case, you see, of tetanus arising from the toe being smashed; and it seems to me, although, of course, you will form your own opinion upon it, bears no analogy whatever to the case of Cook, with regard to whom no such cause could be assigned. Again, gentlemen, he says, what is very material, that, in the event of a given state of tetanus, it would be extremely difficult, if not impossible, without collateral evidence, to ascribe the tetanic disease to any cause in the absence of any evidence as to the cause. But you will form your own opinion upon it. Therefore you are to look to collateral evidence; and if the collateral evidence would impute the symptoms of tetanic convulsions to any particular cause, according to this witness that cause may be assigned. That I say with a view to get what is called the moral evidence with regard to the conduct of a particular person, and with regard to what he may have done or what he may have had in his possession.
Lord Campbell
Now comes Dr. M‘Donald. You will observe that he gives an account of experiments he made for the prisoner, and you will see the lengths to which he goes in adopting a new form of disease of epilepsy with these complications. You are to say what weight you give to that evidence compared with the witnesses who have given evidence before you.
The next witness is Mr. John Bainbridge. The object of this witness’s evidence seems to be to induce you to believe that this was a case of epilepsy, and from the symptoms you will say whether you can come to that conclusion.
The next witness is Mr. Edward Steady. The case referred to by this witness seems to be a case of traumatic tetanus; and you will say, if it were idiopathic, whether the course of it in the slightest degree resembles the symptoms of Cook, the deceased.
The next witness is Dr. Robinson. Now, gentlemen, you have this respectable physician, who gives an account from which you are called to infer that Cook’s case was a case of epilepsy. He says he should only take it to be epilepsy in the absence of evidence of strychnia being administered. He says that all the symptoms described by Jones on the Tuesday night are consistent with strychnia; and, with regard to epilepsy, he says in no case where epilepsy had existed would it cause death without a loss of consciousness. Cook, you will remember, remained conscious to the last, and you will say whether, upon the evidence that is laid before you, there was or was not a bending of the body, which is characteristic of tetanus, and what the witnesses have described as being inconsistent with epilepsy.
Lord Campbell
The next witness is Dr. Richardson, who now brings in for the first time angina pectoris as a disease of which it may be presumed Cook died. Now, gentlemen, you have to attend to this case; the witness, who seems most highly respectable, says this case being detailed by him, the symptoms were consistent with strychnia, and that, if he had known as much of strychnia then as he does now, he would have made an analysis to see whether strychnia was in the body. The great question that I propounded for your consideration was whether Cook’s symptoms were consistent with strychnia, and, if they were not, then the conclusion would be in favour of the prisoner; but if they were consistent with strychnia, then you are not upon that alone to find a verdict of guilty against him; but you are to consider the other evidence and see whether the death arose from strychnia or not. Dr. Wrightson is recalled, and he says that, in his opinion, when strychnia is entirely absorbed in the system it is diffused equally throughout the entire system. Dr. Wrightson is a philosopher, and, as a man of science, he speaks with caution, and you have heard his evidence. He says that if the minimum dose were taken to destroy life, and then a long interval elapsed between the taking of the poison and death, the more complete would be the absorption, and the less chance there would be of finding it in the stomach.