Trial of William Palmer

by Unknown

Serjeant Shee

Now, on this part of the case I have this observation to make; the illness of the Sunday night appears to have been a very remarkable occurrence. It came out in the course of the examination, as a fact spoken to by Cook, and it will be for you to judge, after you have heard the evidence of the medical gentlemen, whether the periodicity of the attacks does not militate against the theory of death by strychnia poison. The illnesses of Cook take place three nights running, exactly at the same time, or if not exactly at the same time, very nearly. I find that is a symptom of very frequent occurrence, that about the same hour of the night, or of the week, or of the month, and very often after the patient has got to bed, the thing occurs. It is about the same hour in this case of Mr. Cook’s. On the question whether the symptoms were such as are consistent with the theory of strychnia poison, and inconsistent with the theory of death from other and natural causes, I have only now further to state what I intend to prove. I will not go through in detail what will be better stated by the gentlemen who will be called; but I shall call a number of most respectable physicians, surgeons, and general practitioners, having extensive experience in our large cities, who all support the view I have to submit to you, and which they have suggested to me as the probable one—that these fits of Mr. Cook were not tetanus, but violent convulsions, the result of the weak habit of his body, which had been increased by his mode of life.

I propose now to discuss the question whether the circumstantial evidence against Palmer be such as to be inexplicable on the supposition of his innocence, and if I show you on the broad and salient features of the evidence that it is not (you will not expect me to go into the more minute details), and I have succeeded in satisfying you on any considerable portion of the points to which I have directed your attention, and if the evidence comes up to what I have been instructed to say it will, you will be too happy, recollecting that you are the country in the language of the law—that the country out of doors, in a case of crime, of life and death, is uninformed, without the opportunity of hearing the witnesses examined or cross-examined on their oaths to decide between the Crown and the Queen’s subject on the evidence alone. Every word of this evidence will be carried to all the ends and corners of the earth, and it will remain to be seen whether this great country of England, in a paroxysm or convulsion of prejudice, created by the rashness of one scientific man who had no knowledge of his own about the matter, has made up its mind to sacrifice the life of a fellow-creature under circumstances which would expose any person who has ever been present at deathbed convulsions liable to the same charge.

I say the circumstantial evidence in this case is not such as to justify you in coming to a conclusion of the guilt of the prisoner. I will endeavour in this part of the discussion to address myself to those portions of the case which seem at the first blush of them, and on judicial consideration of them, to require notice. I will not avoid anything that is difficult or that may seem to you difficult, so that when I sit down you will see that I have discussed this great argument fully and fairly in every branch of it, and ask yourselves, what ground is there for any verdict but a verdict of “not guilty”? I will avoid nothing, and proceed at once to one of the most salient points. I will pass over, after an intimation that was made from the bench, the point about pushing the man at the inquest, or the accident of a slit in the covering of the jar, which, sharp instruments being used by the operators, may easily have occurred, or the putting it in a further corner of the room, from which there was no possibility of its being removed. I do not believe that any such circumstances as these would induce you to come to a conclusion against the prisoner.

Lord Campbell—No member of the Court, I think, has intimated any opinion as to the other portions of the case; merely as to the pushing.

Serjeant Shee

Mr. Serjeant Shee—I do not wish to suggest anything which is not strictly correct, and perhaps I ought not to use what was intimated from the bench in any way, but rather submit that, where everybody perfectly well knew Palmer, in any little apparent shove, so to speak, during the course of the post-mortem, is not to be taken as an evidence of his guilt. It was in leaning over, if at all, to observe an examination of considerable interest to all persons present, and I cannot conceive that anything of this kind can be taken into consideration. No serious complaint was made at the time. Mr. Devonshire said nothing was lost by it. He said also the jar was removed to a corner of the room. It was not removed out of sight. It was in the broad daylight. It was impossible it could be taken away without observation. It would be absurd that Palmer should be suspected of having done so with an improper object. This we know, that he was very reluctant to have the jar removed out of the possession of those on whom he could rely. That is very true; there were some persons who did not want to pay him £13,000; there were some persons who had been doing all they could to undermine his character for a very considerable time, imputing to him the most wicked conduct respecting a near relation, which none of his own relations ever joined in, knowing that there were many persons at Rugeley much prejudiced against him, and it was in his judgment of the last importance that anything which could be brought against him (and it was clear that this post-mortem, from the conduct of Stevens, was intended to found a charge against him), should be kept in unsuspected custody, and that nobody should have an opportunity of tampering with it and its contents. When told that Dr. Harland is coming to make the post-mortem, he says, “I am glad of that, for there is no knowing who might have done it; and it is a satisfaction that you, whom I do know, are coming to superintend it.” I say that was the conduct of a respectable man, who knows that his conduct would bear investigation if it were properly inquired into. But we know also that in a town like Rugeley there were a great many serious people, who could not approve of his habits of life, to whom his running about to races would not much recommend him, and whom he has reason to know would not very much regret any injury which might happen to him.

Serjeant Shee

Is there any other part of his conduct connected with the post-mortem which requires explanation? When the jar was going to be sent to town he objects to its going to Frere’s. He had some reason for that. He had an assistant in his service who had been in the service of Frere. We know the jealousies that exist in country towns between professional men. We will not do Mr. Frere the injustice to suppose he would do so great a wrong to Palmer as might result from tampering with the contents of the jar; but still it was right to be cautious, and Palmer told Dr. Harland, “I want you to take it with you to Stafford, and not let it go to Frere’s house.” In these minor incidental matters his conduct appears to me perfectly consistent with innocence. Let me call your attention to this more important matter, on which my learned friend in his instructions was told to rely—and accordingly he did, in the discharge of his duty, rely upon it. I will call your attention to what has been stated by Myatt, the postboy. His evidence was pressed into the case; it could not well be excluded from it as an evidence of guilt. Now, what did it amount to? Before I have done, under the general head of Palmer’s conduct, I will call your attention to what passed between him and Stevens. You will find the conduct and deportment of the latter were such as would make some men almost kick him; it was so very provoking, supposing Palmer was innocent. He dissembled with him—pretended to take his advice—cross-questioned him—changed his tone upon him—now speaking to him mildly, now in a voice of menace—threatened him with a post-mortem examination—and evidently did the whole thing hostilely to him, as if he thought something wrong had taken place, and it was his duty not only to protect the property, but to see any person who had been guilty of foul play towards Cook brought to condign punishment. Stevens, after poring over the remains of the dead man at the post-mortem examination, was ready to leave Rugeley, and a fly was ordered for him and his companion, Mr. Boycott, in which they were to proceed with the jar to Stafford, and thence by rail to London. Now, if there were anybody base enough, either in support of a theory, in support of a reputation—God forbid that I should suggest that to the prejudice of Dr. Taylor!—if there were anybody capable of so great a wickedness as tampering with the jar, it might easily be done; and he was anxious to have it kept by Dr. Harland and not committed to the custody of Stevens. His conduct to Palmer had been vexatious and annoying in the last degree; the fly was being got ready after Palmer, we may suppose, had dined; and meeting the postboy Myatt, he asked him, according to Myatt, whether he was going to drive Mr. Stevens to Stafford. “I told him,” said Myatt, “I was. He asked me if I would upset them?” Now the word “them” was first used in this Court to designate the jars. There was only one jar at that time, so it could not be meant to apply to the jars; if used at all, which I think very doubtful for the reason I tell you—at least in a bad sense—it must have been applied to Mr. Stevens and his companion. And now just see if the facts in this case which are undoubted do not give a reasonable colour to that. Palmer (though I will show you his conduct to Stevens was exemplary in every respect, by putting the dialogue between them before you without making any comment on it) must have felt outraged beyond all expression if—knowing himself to be innocent, that he had acted as a friend and brother to Cook, and had called his relations about him when he was ill—he found himself suspected of stealing a trumpery betting-book, which he knew was of no use to any one, and charged of playing falsely and foully with the life of Cook. He had great cause to be vexed and irritated with Stevens, and that he was so is plain from what he said to Dr. Harland—“There was a queer old fellow,” he said, “who has been down making inquiries, who seemed to be suspicious of my having stolen the betting-book, which everybody knows can be of no earthly use to anybody.” It shows that his mind was impressed with the idea that he was wronged. He may be supposed, communing with himself, to say, “He has ill-treated me; he has encouraged suspicions which have been excited against me already, and which, if he persists in his course of bringing another charge against me in this matter, will probably render it impossible to get the money from the insurance company in time to rescue me from a position which may involve in ruin myself and some members of my family.” That was evidently the tendency of what Stevens was about. He meets this postboy and asks him if he is to be ready to drive the fly to Stafford; the boy says, “Yes, I am.” He said, “If I would upset them there was a £10 note for me.” He has been asked, “Had anything been said about the jars?” I submit to you the true construction of the story, if it occurred at all, is, that being under a feeling of irritation against Stevens, and using strong expressions with regard to Stevens, hearing he was going to Stafford, he said, “I should not mind giving £10 to upset him.” He had been vexed at his conduct, and irritated by the perpetual suspicions and inquisitiveness which he had displayed, even when he went up with him, like a friend, to show him the corpse, uncovering it down to the thighs. Some previous suspicion must have existed in Stevens’ mind; but Palmer had no suspicion of this thought that he was guilty of so foul a crime as that which was imputed to him. If that evidence be throughout true, it is only true in the milder and innocent sense, and I have this reason for saying so. This man was in the service of the landlord of the Talbot Arms, and was always about the yard; he was driving to and from the Talbot Arms every day of his life; he must have been there on the day of the post-mortem examination; he must have been a constant companion of the stable boys and labourers about the yard; and his observation must have been drawn to a thing so striking and remarkable as a post-mortem examination on account of a suspicion of murder. He was not called before the coroner; and nobody knew, at the time the inquest was held, that he had ever said anything which could be fairly taken in a sense which would make it evidence of a guilty mind in Palmer. But if he had said that Palmer said, “I should not mind giving a £10 note to have him upset; it is a humbugging concern,” and in that manner, and with the feeling I have stated, it would not have excited any observation or suspicion, and no one would have summoned Myatt to the inquest. I submit that is the true version of this story. It is not to be supposed that a medical man, knowing that he had given a large dose of strychnia, would suppose that, by the accidental spilling of a jar, the liver and spleen and some of the tissues continuing untouched, he could have escaped the detection of his guilt.

Serjeant Shee