“Mr. Serjeant Shee—It is in two reports; one in the Times and one from the shorthand writer’s notes.
“Lord Campbell—Bamford says it was lying straight on the bed.
“Mr. Serjeant Shee—I did not allude to Bamford’s examination. This witness says so too.”
And there the matter ended, and though it was admitted that it had been said, and though it corroborated Dr. Bamford and Dr. Jones, and entirely refuted the “opisthotonos” theory of Taylor and Mills, and thus got rid of one of the most remarkable symptoms “consistent with poisoning by strychnia,” yet not one word of comment did you offer upon it; but, as you said, it was not upon your notes—where it ought to have been—you left the jury unadvised upon this essential contradiction, which, taken with the evidence of the two medical men, entirely demolished Mills and her congenial companion Taylor, and took out of the mouth of Sir Benjamin Brodie and the other medical witnesses one of those vital symptoms on which they founded their diagnosis of the causes of death. For, if there was no opisthotonos, or bent bow-like shape, then Cook did not die of strychnia; and this being proved not to have been so by these three witnesses, or, at all events, left in deep doubt, my brother was entitled to the benefit of that doubt, and should have been acquitted.
The same wish of omission was manifest in your notes when you read out the evidence of Devonshire to the jury; you forgot to tell the jury that Cook’s left lung was diseased, which was important, as his death arose from natural causes. Serjeant Shee was again obliged to interfere (report, p. 314)—
“Mr. Serjeant Shee—I think the witness said there were traces of emphysema in the left lung?
“Mr. Baron Alderson—Yes.”
But not one word of comment did you make.
Myatt, the postboy, whose testimony was wholly incredible, you bolstered up with this remark, “Now, there seems no reason to doubt the evidence of this poor boy.” As if you could fathom the secret motives of man.
Upon the letter which my brother addressed to the coroner you say—“This letter is a most improper letter, addressed by the prisoner to Mr. Ward, the coroner, who is, of course, a judge. It so happens that I myself am the chief coroner of England, but all the coroners are judges as much as I am, and ought, with equal integrity and indifference, to administer the law of the country.” This self praise, my lord, is of that species which is said to stink. It would have been better if you had not eulogised your conduct upon this trial, but allowed others to do so. You did the same thing when you were sentencing my brother, for you prefaced your “hanging speech” by these words—“William Palmer, after a fair and impartial trial,” &c., &c. You then go on, and suggest to the jury that my brother was guilty because he wrote that letter. “You will say whether this is consistent with innocence; it is clear tampering with the judge.” Yet the conduct of the gentleman mentioned by Sir Matthew Hale, or the French gentleman who offered to surrender his wife’s will, was just as suspicious, though the first was hanged innocently, and the last, fortunately for himself, not tried by you.