Trial of William Palmer

by Unknown

Mr. Serjeant Shee—I think he said he would expect to find it in the spleen, the liver, and the blood.

Lord Campbell—Yes; “I should look for it elsewhere, in the spleen, the liver, and the blood.”

Then comes Mr. Oliver Pemberton. The evidence of this witness only goes to show that, in his opinion, an examination of the body at that time was not of much value, and did not afford the means of coming to a satisfactory opinion, differing in opinion, therefore, from others that had been called.

His lordship then dealt with the witnesses as to facts, and pointed out that, according to the trains, Palmer could not have arrived in Rugeley on the Monday night before ten o’clock.

Now, gentlemen, comes a very material witness, who, if he were to be believed, would be very important, particularly upon one part of the case. I mean Jeremiah Smith—and you, having heard the whole of his evidence, the examination and cross-examination, are to say what faith or reliance you can place upon his testimony. Now, gentlemen, this would show, if true, that the genuine and very identical pills that Bamford had made, and in the state in which he had prepared them, were taken by Cook before Palmer arrived from London at Rugeley, or, at any rate, before he came to the Talbot Arms. It is for you to say whether you can place reliance upon such testimony. You saw how he conducted himself in the witness-box, and how he at last denied that the signature to the instrument which he purported to have attested, and which he received from the prisoner at the bar, was in his handwriting. He said it was like it, but it was not his handwriting. Then it appears that he did receive £5, and you are to say whether it was not clearly for attesting that very assignment. The counterfoil of the cheque for £5, from William Palmer the prisoner, is shown him; and with that piece of paper he goes to the bank and receives the £5. Can you believe a man who so disgraces himself in the witness-box? It is for you to say what faith you can place in a witness who, by his own admission, engaged in such fraudulent proceedings. We are now upon veracity, and you are to say whether you can believe a witness who at last acknowledges that he had been applied to and had been engaged in procuring an insurance on the life of Walter Palmer, who had been a bankrupt six years before, and who had no means of living except by the allowance of his friends and an allowance made to him by the prisoner at the bar.

Lord Campbell

Again, he acknowledges that he was engaged in the proposal to insure the life of Bates for £10,000. Bates being at that time superintending the stables of the prisoner at the bar, living in lodgings at 6s. 6d. a week, apparently having no property, and nothing depending upon his life, his life was to be insured for £10,000. Smith gets himself appointed agent to an insurance office, and, with a knowledge of these facts, he proposes the insurance to be accepted by the office which he represents; and can you believe such a witness who acknowledges himself to have been engaged in such fraudulent proceedings, and who, now being examined upon his oath, denies the handwriting of his own attestation to that document? Gentlemen, of his credit you are to judge. His evidence would be material as to what took place on the Monday night, because it would show that the pills that Cook took that night were taken as they had been prepared by Bamford, and before the prisoner at the bar had had any opportunity to substitute others for them in the pill box. Such is the case with regard to what took place on the Tuesday. If it stood there, and if it were believed, it would be evidence in favour of the prisoner at the bar; and you are to say whether you believe it, or, if you disbelieve it, what effect it has upon the other testimony that has been brought forward.

Gentlemen, the case is now in your hands; and, unless upon the part of the prosecution a clear conviction has been brought to your minds of the guilt of the prisoner, it is your duty to acquit him. You are not to proceed even upon a strong suspicion; there must be the strongest conviction in your minds that he was guilty of this offence; and if there be any reasonable doubt remaining in your mind, you will give him the benefit of that doubt; but if you come to a clear conviction that he was guilty, you will not be deterred from doing your duty by any considerations such as have been suggested to you. You will remember the oath that you have taken, and you will act accordingly. Gentlemen, I have performed my task; you have now to discharge yours, and may God direct you to a right finding.

Mr. Serjeant Shee—Your lordship stated to the jury that the question for them to consider was whether the evidence that has been brought forward is consistent with the death of Cook by strychnia. I submit to your lordship that that is not the question which ought to be submitted to the jury.

Lord Campbell—Serjeant Shee, that is not the question that I have submitted to the jury; it is a question. I told them that unless they considered that the symptoms were consistent with death by strychnia they ought to acquit the prisoner.