Tenth Day, Saturday, 24th May, 1856 — The Court Met at Ten O’Clock
O. Pemberton
Mr. Oliver Pemberton, examined by Mr. Serjeant Shee—I am Lecturer in Anatomy at Queen’s College, Birmingham, and surgeon to the General Hospital at Birmingham. I was present at the examination of the body of the late Mr. Cook after it had been exhumed in January or February. I observed the condition of the spinal cord. In my judgment it was not in a condition to enable one to state with confidence in what state it had been immediately after death. The upper part, where the brain had been separated, was green in colour from the effects of decomposition. The remaining portion, though fairly preserved for a body buried two months, was so soft as not to enable me to form any opinion as to its state immediately after death.
Cross-examined by the Attorney-General—I did not see the body till the day after the bony canal had been opened, which, to a certain extent, would expose the interior substance of the cord to the atmosphere. So far as I recollect, it was still covered with a very hard, dense membrane. Mr. Bolton, the professor at Queen’s College, was also present on Palmer’s behalf.
Mr. Serjeant Shee—My lord, this closes the medical testimony.
H. Matthews
Henry Matthews, examined by Mr. Grove—I am an inspector of police at Euston Station. I was there on 19th November last. The two o’clock afternoon train is the last that stops at Rugeley. The express for Stafford leaves at five, and is due at Stafford at 8.42. On 19th November it arrived at 8.45. From Stafford to Rugeley it is nineteen miles by railway. I do not know how far by road. After the two o’clock train to Rugeley, the quickest way to get there is by the five o’clock to Stafford, and then by road.
Joseph Foster
Joseph Foster, examined by Mr. Gray—I have known the late John Parsons Cook for many years, and, from what I saw of him, he was of weak health and constitution. I have been with him when he has had a bilious attack and sick headache.
Cross-examined by Mr. James—He hunted regularly about three days a week. He was a member of the Welford Cricket Club, but I have not seen him playing for three or four years.
George Myatt
George Myatt, examined by Mr. Grove—I am a saddler at Rugeley. I was at Shrewsbury races, and saw Palmer and Cook at the Raven Hotel there on the Wednesday evening of the race week. It was about twelve at night, and Cook seemed the worse of liquor. We had some brandy and water together. Cook drank most of his, and remarked that it was not good, and thought there was something in it. Cook proposed having some more, but Palmer told him to finish what he had first. Cook then drank his up. We all then went to bed. I slept in the same room as Palmer. The brandy we had was brought in a decanter and poured out. I did not leave the room from the time Palmer and Cook came in till we went to bed. Had anything been put in the brandy and water I should have seen it. As far as I can remember, when Palmer and I went to our bedroom we left Cook in the sitting room. I locked our door, and Palmer never left the bedroom during the night. In the morning Palmer asked me to call Mr. Cook, which I did. Cook then told me how ill he had been during the night. He said he had been obliged to send for a doctor, and asked me what was put in the brandy and water. I told him I did not know that anything was put in. He then asked me to send Palmer to him, which I did. After Palmer and I had finished our breakfast, I next saw Cook, who came into the sitting room and had his breakfast. That night the three of us had dinner at the Raven, and left for Rugeley about six o’clock. We went by express from Shrewsbury to Stafford. Palmer took the three tickets and paid. We took a fly from Stafford, there being no train. In the fly from Stafford to Rugeley Palmer was sick, and vomited through the window. They could not account for it, unless it was cooking in some brass utensil, or the water. I heard other people speak about being ill at Rugeley, and they could not account for it. It is 9 miles by the road from Stafford to Rugeley.
George Myatt
Cross-examined by Mr. James—I have known the prisoner all my life, and he deals with me for his saddlery at his racing stables. I am not in the habit of going to racing meetings with him, although I attend them myself. He paid my expenses at Shrewsbury races, but never at any other race meeting. About four or five weeks ago I went with Mr. Smith to Stafford gaol, and was with Palmer for about two hours. I have now and then stood in half a sovereign or a sovereign with Palmer when betting on his horses. On the Wednesday night in which I saw Palmer and Cook I dined at home at Rugeley, and reached Shrewsbury between eight and nine. I went straight from the station to the Raven Hotel, and up to Palmer’s room, where I saw Cook. Palmer was out, and I went to the town for about an hour, and returned to Palmer’s room. He was not in; I waited about two hours, when he came in with Cook, about twelve o’clock. Cook was drunk, but not very drunk. The decanter of brandy and the tumblers were brought in directly. The water, I think, was on the table. I do not remember Mrs. Brooks calling, or Palmer being called out of the room to speak to her. I remember Mr. Fisher coming in. I will swear that Palmer did not at any time that evening take out a glass of brandy and water and leave the room. He never left the room from the time I joined him till we went to bed. When Cook drank his brandy and water he made a remark to the effect that it was not good, and that there was something in it. I will swear that he did not say, “It burns my throat dreadfully,” or anything to that effect. The brandy and water was then given to some one to taste. I think there were but four people in the room when Cook drank the brandy and water. Palmer sipped from the glass Cook had drank from, and said he could not taste anything the matter. He held the glass to Mr. Fisher. I do not remember whether Fisher said, “It is no good giving me the glass, it is empty.” I will not swear he did not. Palmer and I went to bed about half an hour after, and left Cook in the room. That I will swear. The first I heard of Cook being ill during the night was when he told me of it next morning.
John Sargent
John Sargent, examined by Mr. Serjeant Shee—I frequently attend race meetings, and knew Mr. Cook intimately. I was with him at Liverpool on the week previous to the Shrewsbury meeting. We slept in adjoining rooms, and in the morning he called my attention to the state of his throat and mouth. The back part of his tongue was in a complete state of ulcer. I said I was surprised that he could eat and drink in the state his mouth was in. He said he had been in that state for weeks and months, and took no notice of it now. He had frequently before then shown me his throat when it was in that state. On one occasion, when he took a ginger nut with cayenne by mistake, he told me that it nearly killed him. Before Shrewsbury races Cook was very poor. He owed me £25, and paid £10 on account, saying he had not sufficient to pay his expenses at Liverpool. Cook and Palmer were in the habit of betting for each other on particular horses. I have heard Cook apply to Palmer to supply him with a lotion called blackwash. This is a mercurial lotion of calomel and lime water.
Cross-examined by Mr. James—He applied for it at the latter end of last year. Having seen the state of his throat, I was surprised at his eating and drinking so well.
J. Smith
Jeremiah Smith, examined by Mr. Serjeant Shee—I am an attorney at Rugeley, and knew the late Mr. Cook. I saw him at ten o’clock on Friday morning, 16th November, 1855. He was having breakfast in bed—a cup of tea with a wineglassful of brandy in it. I dined with him and Mr. Palmer about two o’clock. We had a beefsteak and some champagne. After dinner we had three bottles of port wine, of which Cook drank his share. We rose from the table between five and six, and Cook and I went to my house, and then to the Albion Hotel, which is next door, and had a brandy and water each. Cook left me there between seven and eight. He said he felt cold. During that day I asked Cook for £50 he was due me. He gave me £5, and when he took the note out of his case I said, “You can pay me the whole £50.” He said, “No; there is only £41 10s. due to you.” Then he said he had given Mr. Palmer money, and he would pay me the remainder when he returned from Tattersall’s on Monday after the settling. On the Saturday night following I slept in the same room with him, as he was not well. We went to bed about twelve o’clock. In the early part of the night he got some toast and water, and he was sick. I saw him using a night-chair in the room. He tried to vomit, but I do not know whether he did so or not. After that I slept until Mr. Palmer and Mr. Bamford came in the morning to see him. He said, “I am rather better this morning. I slept from about two or three o’clock, after the confounded concert was gone.” Mr. Bamford said, “I will send you some more medicine.” I then got up and left the house. I know Mrs. Palmer, the mother of the prisoner. She asked me to see her on Monday evening, and, in consequence of that, I went about two o’clock to see if I could find Palmer, but could not. About ten minutes past ten I saw him in a car coming from the direction of Stafford. I asked him, “Have you seen Mr. Cook to-day?” He said, “No; we had better just run up and see.” We went up, and Cook told Palmer he was late, and that he had taken the medicine. We only stayed two or three minutes. Cook said he had taken some pills Mr. Bamford had sent him. He also said he had been up that day, and Palmer said he ought not to have been up. Palmer and I then went to his mother’s house, about 400 or 500 yards. We stayed about half an hour, and then left for Palmer’s house. I left him at his house and went home. On the Saturday I asked Cook to dine with me, but he did not. He said he was not well. I got for him a boiled leg of mutton and some broth from the Albion, which was taken to him by Ann Rowley, a charwoman. In the May before his death I borrowed £100 from Mrs. Palmer and £100 from William Palmer for Cook. I also negotiated a £500 loan through Mr. Pratt. I know that Palmer and Cook were jointly interested in one horse, “Pyrrhine,” and that they were in the habit of betting very frequently for each other. Shortly before Mr. Cook’s death I had seen Mr. Thirlby, Palmer’s assistant, dress Cook’s throat with caustic. I have seen this four or five times, chiefly before Shrewsbury races. I know Mr. Cook’s signature. [Some papers were handed to witness.] Here are two notes, instructions for the £500. One is signed “J. P. Cook” and the other “J. Parsons Cook.” I saw that signed. Some weeks before Mr. Cook’s death he was served with a writ. [The following letter was read:—]
My dear Sir,—I have been in a devil of a fix about the bill, but have at last settled it at the cost of three guineas, for the damned discounter had issued a writ against me, and I am very much disgusted at it.
John Parsons.
I destroyed the envelope in which that was contained. [Another letter was read, dated 25th June, 1855—]
Dear Jimmy,—I should like to have the bill renewed for two months more. Can it be done? Let me know by return; 4 Victoria Street, Holborn Bridge. I have scratched “Polestar” for the Northamptonshire and Wolverhampton Stakes. I shall be down on Friday and Saturday. In haste.—J. Parsons Cook. Fred tells me “Bolton” or “Arabus” will win the Northumberland Plate.
J. P. Cook.
I saw that “J. P. Cook” written. [The following paper was read:—]
“Polestar,” three years; “Sirius,” two years, by way of mortgage, to secure £500, advanced on a bill of exchange, dated 29th August, 1855, payable three months after date.
These were the instructions to prepare the mortgage.
J. Smith
Cross-examined by the Attorney-General—I am the Mr. Smith that took Mr. Myatt to Stafford gaol. I have been employed a good deal by Mr. Palmer as his attorney. I do not recollect that he applied to me in December, 1854, to attest a proposal on the life of his brother Walter for £13,000 at the Solicitors and General office. Nor do I recollect that I was applied to by Palmer to attest a proposal for £13,000 to the Prince of Wales office on his brother Walter’s life. I knew that Walter Palmer had been a bankrupt six years before, but not that he was in great distress for money. I believe he had an allowance from his mother. I do not recollect that I was called upon to attest another proposal in the Universal office for £13,000 upon the life of Walter Palmer. If I could see any document or any letter to remind me of the circumstance I would not deny it. [An assignment of this policy by Walter Palmer to William Palmer was handed to witness. He was asked if he received £5 for attesting the assignment, and answered he might have, he did not recollect.] This is very like my signature. It is a good imitation. I have some doubt that it is not my handwriting. That is Walter Palmer’s signature, and the attestation, “signed, sealed, and delivered,” is in Mr. Pratt’s handwriting. I got the document from Mr. Palmer. I still do not think that what bears to be my signature is in my handwriting. In October, 1855, I applied to the Midland Counties office to be appointed their agent. Bates and Palmer came together to my office with a prospectus, and asked me if there was any agent in Rugeley. I said I never heard of one. They asked me to write and get an appointment, as they wanted to raise money. I did so. The reason I became an agent was to get an insurance effected upon Bates’ life for £10,000. Bates at that time was the superintendent of William Palmer’s stud and stables. After this I went to the widow of Walter Palmer to get her to give up her claim upon the policy of her husband. She refused. This document, the signature to which I doubt whether it is my handwriting or not, is signed by Walter Palmer. I do not know that he got nothing for the assignment. I understood he got a house furnished for him. I do not recollect being applied to by William Palmer in December, 1854, to attest a proposal on his brother’s life for £13,000 in the Solicitors and General office. I have no doubt I might. The body of the document [handed to witness] is in the handwriting of William Palmer. The signature is mine. I may have signed it blank. I do not remember getting £5 for attesting the execution of that deed of assignment by Walter Palmer to his brother. [The witness gave similar answers to questions put as to his attestation of proposals for policies of £13,000 on Walter Palmer’s life in two other offices.] With reference to that £200 which I got for Mr. Cook, £100 from Mrs. Palmer and the other £100 from William Palmer, Cook gave £10 for the accommodation to William Palmer. William Palmer was the drawer of the bill and Cook the acceptor. He received £100 less £10 in cash. When the bill was given I handed it over to Mr. Palmer. What he did with it I do not know. I do not know if he discounted with Mr. Pratt. I have never seen the bill since. Palmer was not short of money at this time, as he lent £100 to Cook. I do not know that he wanted some money to make up the sum of £500 payable to Mr. Sargent.
Proof closed.