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Now, I shall show to you, by the evidence of medical men, both at Shrewsbury and Rugeley, that although Palmer had on one or two occasions represented Cook as suffering under bilious diarrhoea, there was not, during the continuance of the violent vomiting which I have mentioned, a single bilious symptom of any sort whatever. Dr. Bamford visited him at half-past 3, and when he found Mr. Cook suffering from violent vomiting, and the stomach in so irritable a state that it would not retain a tablespoonful of anything, he naturally tried to see what the symptoms were which could lead him to form a notion as to the cause of that state of things. He found to his surprise that the pulse of the patient was perfectly natural--that his tongue was quite clean, his skin quite moist, and that there was not the slightest trace of fever, or, in short, of any of those symptoms which might be expected in the case of a bilious man. Having heard from Palmer that he ascribed his illness to an excess of wine on the previous day, he informed Cook of it, and Cook then said, "Well, I suppose I must have taken too much, but it's very odd, for I only took three glasses." The representation, therefore, made by Palmer, that Cook had taken an excess of champagne, was not correct. Coffee was brought up to Cook at 4 o'clock when Palmer was there, and he vomited immediately. At 6 some barley-water was taken to him when Palmer was not there, and the barley-water did not produce vomiting. At 8 some arrowroot was given him, Palmer was present, and vomiting took place again. These may, no doubt, be mere coincidences, but they are facts, which, of whatever interpretation they may be susceptible, are well deserving of attention, that during the whole of that Saturday Palmer was continually in and out of the house in which Cook was sojourning; that he gave him a variety of things, and that whenever he gave him anything sickness invariably ensued. That evening Dr. Bamford called again, and finding that the sickness still continued he prepared for the patient two pills containing half a grain of calomel, half a grain of morphia, and four grains of rhubarb.

On the following day, Sunday, between 7 and 8 o'clock in the morning, Dr. Bamford is again summoned to Cook's bedside, and finds the sickness still recurring, but fails to detect any symptoms of bile. He visited him repeatedly in the course of that day, and on leaving him in the evening found, that though the sickness continued, the tongue was clean, and there was not the slightest indication of bile or fever. And so Sunday ended. On Monday, the 19th, Palmer left Rugeley for London--on what business I shall presently explain. Before starting, however, he called in the morning to see Cook, and ordered him a cup of coffee. He took it up himself, and after drinking it Cook, as usual, vomited. After that Palmer took his departure. Presently Dr. Bamford called, and, finding Cook still suffering from sickness of the stomach, gave him some medicine. Whether from the effect of that medicine, or from whatever other cause, I know not; but it is admitted that from that time a great improvement was observed in Cook. Palmer was not present, and during the whole of the day Cook was better. Between 12 and 1 o'clock he is visited by Dr. Bamford, who, perceiving the improvement, advised him to get up. He does so, washes, dresses, recovers his spirits, and sits up for several hours. Two of his jockies and his trainer called to see him, are admitted to his room, enter into conversation with him, and perceive that he is in a state of comparative ease and comfort, and so he continued till a late hour. I will now interrupt for a moment the consecutive narration of what passed afterwards at Rugeley to follow Palmer through the events in which he was concerned in London. He had written to a person named Herring to meet him at Beaufort-buildings, where a boarding-house was kept by a lady named Hawks. Herring was a man on the turf, and had been to Shrewsbury Races. Immediately on seeing Palmer he inquired after Cook's health. "Oh," said Palmer, "he is all right; his medical man has given him a dose of calomel and recommended him not to come out, and what I want to see you about is the settling of his accounts." Monday, it appears, was settling-day at Tattersall's, and it was necessary that all accounts should be squared. Cook's usual agent for effecting that arrangement was a person named Fisher, and it seems not a little singular that Cook should not have told Palmer why Fisher should not have been employed on this as on all similar occasions.

On this point, however, Palmer offered no explanation. He was himself a defaulter, and could not show at Tattersall's. He produced a piece of paper which he said contained a list of the sums which Cook was entitled to receive, and he mentioned the names of the different persons who were indebted to Cook, and the amounts for which they were respectively liable. Herring held out his hand to take the paper, but Palmer said, "No, I will keep this document; here is another piece of paper, write down what I read to you, and what I have here I will retain, as it will be a check against you." He then dictated the names of the various persons, with the sums for which they were liable. Herring observed that it amounted to ?1,020. "Very well," said Palmer, "pay yourself ?6, Shelly, ?30, and if you see Bull, tell him Cook will pay him on Thursday or Friday. And now," he added, "how much do you make the balance?" Herring replied that he made it ?984. Palmer replied that the tot was right, and then went on to say, "I will give you ?16, which will make it ?1,000. Pay yourself the ?200 that I owe you for my bill; pay Padwick ?350, and Pratt ?450." So we have it here established, beyond all controversy, that Palmer did not hesitate to apply Cook's money to the payment of his own debts. With regard to the debt due to Mr. Padwick, I am assured that it represents moneys won by that gentleman, partly from Cook, and partly from Palmer, but that Mr. Padwick held Palmer to be the responsible party, and looked to him for payment. The debt to Pratt was Palmer's own affair. Such is the state of things as regards the disposition of the money. Palmer desired Herring to send cheques to Pratt and Padwick at once, and without waiting to draw the money from Tattersall's. To this Herring objected, observing that it would be most injudicious to send the cheques before he was sure of getting the money. "Ah, well," said Palmer, "never mind--it is all right; but come what will, Pratt must be paid, for his claim is on account of a bill of sale for a mare." Finding it impossible to overcome Herring's objection to send the cheques until he had got the money at Tattersall's, Palmer then proceeded to settle some small betting transactions between himself and that gentleman amounting to ?5, or thereabouts. He pulled out a ?50 note, and Herring, not having full change, gave him a cheque for ?20. They then parted, Palmer directing him to send down word of his proceedings either to him or to Cook. With this injunction Herring complied, and I shall prove in the course of the trial that the letters he wrote to Cook were intercepted by the postmaster at Rugeley. Not having received as much as he expected at Tattersall's, Herring was unable to pay Padwick the ?350; but it is not disputed that he paid ?450 to Pratt.

On the same day, Palmer went himself to the latter gentleman, and paid him other moneys, consisting of ?30 in notes, and the cheque for ?20 which he had received from Herring, and a memorandum was drawn, and to which I shall hereafter have occasion to call attention. So much for Palmer's proceedings in London. On the evening of that same day he returned home. Arriving at Rugeley about nine o'clock at night, he at once proceeded to visit Cook, at the Talbot Arms; and from that time till ten or eleven o'clock he was continually in and out of Cook's room. In the course of the evening he went to a man named Newton, assistant to a surgeon named Salt, and applied for three grains of strychnine, which Newton, knowing Palmer to be a medical practitioner, did not hesitate to give him. Dr. Bamford had sent on this day the same kind of pills that he had sent on Saturday and Sunday. I believe it was the doctor's habit to take the pills himself to the Talbot Arms, and intrust them to the care of the housekeeper, who carried them upstairs; but it was Palmer's practice to come in afterwards, and evening after evening, to administer medicine to the patient. There is no doubt that Cook took pills on Monday night. Whether he took the pills prepared for him by Dr. Bamford, and similar to those which he had taken on Saturday and Sunday, or whether Palmer substituted for Dr. Bamford's pills some of his own concoction, consisting in some measure of strychnine, I must leave for the jury to determine. Certain it is, that when he left Cook at eleven o'clock at night, the latter was still comparatively well and comfortable, and cheerful as in the morning. But he was not long to continue so. About twelve o'clock the female servants in the lower part of the house were alarmed by violent screams, proceeding from Cook's room. They rushed up, and found him in great agony, shrieking dreadfully, shouting "Murder!" and calling on Christ to save his soul. He was in intense pain. The eyes were starting out of his head. He was flinging his arms wildly about him, and his whole body was convulsed. He was perfectly conscious, however, and desired that Palmer should be sent for without delay. One of the women ran to fetch him, and he attended in a few minutes. He found Cook still screaming, gasping for breath, and hardly able to speak. He ran back again to procure some medicine; and on his return Cook exclaimed, "Oh dear, doctor, I shall die!" "No, my lad, you shall not," replied Palmer; and he then gave him some more medicine. The sick man vomited almost immediately, but there was no appearance of the pills in the utensil.

Shortly afterwards he became more calm, and called on the women to rub his limbs. They did so, and found them cold and rigid. Presently the symptoms became still more tranquil, and he grew better; but the medical men will depose that the tetanus that afflicted him was that occasioned by strychnine. His frame, exhausted by the terrible agony it had endured, now fell gradually into repose; nature asserted her claim to rest, and he began to dose. So matters remained till the morrow, Tuesday the 20th, the day of his death. On the morning of that day, Cook was found comparatively comfortable, though still retaining a vivid impression of the horrors he had suffered the night before. He was quite collected, and conversed rationally with the chambermaid. Palmer meeting Dr. Bamford that same day, told him that he did not want to have Cook disturbed, for that he was now at his ease, though he had had a fit the night before. This same morning, between the hours of eleven and twelve o'clock, there occurred a very remarkable incident. About that time Palmer went to the shop of a certain Mr. Hawkings, a druggist, at Rugeley. He had not dealt with him for two years before, it being his practice during that period to purchase such drugs as he required from Mr. Thirlby, a former assistant of Mr. Hawkings, who had set up in business for himself. But on this day Palmer went to Mr. Hawkings's shop, and, producing a bottle, informed the assistant that he wanted two drachms of prussic acid. While it was being prepared for him, Mr. Newton, the same man from whom he had on a former occasion obtained strychnine, came into the shop, whereupon Palmer seized him by the arm, and observing that he had something particular to say to him, hurried him into the street, where he kept talking to him on a matter of the smallest possible importance, relating to the precise period at which his employer's son meant to repair to a farm he had taken in the country. They continued to converse on this trivial topic until a gentleman named Brassington came up, whereupon Mr. Newton turned aside to say a few words to him. Palmer, relieved by this accident, went back into the shop, and asked, in addition, for six grains of strychnine and a certain quantity of Batley's liquor of opium. He obtained them, paid for them, and went away. Presently Mr. Newton returned, and being struck with the fact of Palmer's dealing with Hawkings, asked out of passing curiosity what he had come for, and was informed.

And here I must mention a fact of some importance respecting Mr. Newton. When examined before the coroner, that gentleman only deposed to one purchase of strychnine by Palmer at Mr. Salt's surgery, and it was only as recently as yesterday that with many expressions of contrition for not having been more explicit, he communicated to the Crown the fact that Palmer had also bought strychnine on Monday night. It is for you, gentlemen, to decide the amount of credit to be attached to this evidence; but you will bear in mind that whatever you may think of Mr. Newton's testimony, that of Mr. Roberts, on whom there is no taint or shadow of suspicion, is decisive with respect to the purchases which the prisoner made on Tuesday at the shop of Mr. Hawkings. I now resume the story of Tuesday's proceedings with the observation that Cook was entitled to receive the stakes he had won at Shrewsbury. On that day Palmer sent for Mr. Cheshire, the postmaster of Rugeley. He owed Cheshire ?7 odd, and the latter, supposing that he was about to be paid, came with a stamped receipt in his hand. Palmer produced a paper, and remarking "that Cook was too ill to write himself," told Cheshire to draw a cheque on Weatherby's in his favour for ?350. Cheshire thereupon filled up a piece of paper purporting to be the body of a cheque, addressed in the manner indicated to the Messrs. Weatherby, and concluding with the words, "and place the same to my account." Palmer then took the document away, for the purpose, as he averred, of getting Cook's signature to it. What became of it I do not undertake to assert; but of this there is no question, that by that night's post Palmer sent up to Weatherby's a cheque which was returned dishonoured. Whether it was genuine, or like so many other papers with which Palmer had to do, forged, is a question which you will have to determine. And now, returning to Cook, it may be observed that in the course of that morning coffee and broth were sent him by Palmer, and, as usual, vomiting ensued and continued through the whole of the afternoon.

And now a new person makes his appearance on the stage. You must know that on Sunday, Palmer wrote to Mr. W. H. Jones, a surgeon, of Lutterworth, desiring him to come over to see Cook. Cook was a personal friend of Mr. Jones, and had occasionally been in the habit of residing at his house. It is deserving of remark that Palmer, in his letter to Jones, describes Cook as "suffering from a severe bilious attack accompanied with diarrhoea," adding, "it is desirable for you to come and see him as soon as possible." Whether this communication is to be interpreted in a sense favourable to the prisoner, or whether it is to be taken as indicating a deep design to give colour to the idea that Cook died a natural death, it is at least certain that the statement that Cook had been "suffering from a bilious attack attended with diarrhoea," was utterly untrue. Mr. Jones being himself unwell, did not come to Rugeley till Tuesday. He arrived at about three o'clock on that day, and immediately proceeded to see his sick friend. Palmer came in at the same moment, and they both examined the patient. Mr. Jones paid particular attention to the state of his tongue; remarked, "That is not the tongue of bilious fever."

About seven o'clock that same evening Dr. Bamford called, and found the patient pretty well. Subsequently the three medical men held a consultation, but before leaving the bedroom for that purpose, Cook beckoned to Palmer, and said, "Mind, I will have no more pills or medicine to-night." They then withdrew and consulted. Palmer insisted on his taking pills, but added, "Let us not tell him what they contain, as he fears the same results that have already given him such pain." It was agreed that Dr. Bamford should make up the pills, which were to be composed of the same ingredients as those that had been administered on the three preceding evenings. The doctor repaired to his surgery, and made them up accordingly. He was followed by Palmer, who asked him to write the directions how they were to be taken. Dr. Bamford, though unable to understand the necessity of his doing so, under the circumstances, complied with Palmer's request, and wrote on the box that the pills were to be taken at "bed-time." Palmer then took them away, and gave either those pills or some others to Cook that night. It is remarkable, however, that half or three-quarters of an hour elapsed from the time he left Dr. Bamford's surgery until he brought the pills to Cook. When, at length, he came, he produced two pills, but before giving them to Cook he took especial care to call Mr. Jones's attention to the directions on the lid, observing that the writing was singularly distinct and vigorous for a man upwards of eighty. If the prisoner be guilty, it is a natural presumption that he made this observation with the view of identifying the pill-box as having come from Dr. Bamford, and so averting suspicion from himself. This was about half-past ten at night. The pills were then offered to Cook, who strongly objected to take them, remarking that they had made him ill the night before. Palmer insisted, and the sick man at last consented to take them. He vomited immediately after, but did not bring up the pills. Jones then went down and took his supper, and he will tell you that up to the period when the pills were administered, Cook had been easy and cheerful, and presented no symptom of the approach of disease, much less of death. It was arranged that Jones should sleep in the same room with Cook, and he did so; but he had not been more than fifteen or twenty minutes in bed when he was aroused by a sudden exclamation, and a frightful scream from Cook, who, starting up, said, "Send for the doctor immediately; I am going to be ill, as I was last night." The chambermaid ran across the road, and rang the bell of Palmer's house, and in a moment Palmer was at the window. He was told that Cook was again ill. In two minutes he was by the bedside of the sick man, and, strangely, volunteered the observation, "I never dressed so quickly in my life." It is for you, gentlemen, to say whether you think he had time to dress at all. Cook was found in the same condition, and with the same symptoms as the night before, gasping for breath, screaming violently, his body convulsed with cramps and spasms, and his neck rigid. Jones raised him and rubbed his neck. When Palmer entered the room, Cook asked him for the same remedy that had relieved him the night before. "I will run back and fetch it," said Palmer, and he darted out of the room. In the passage he met two female servants, who remarked that Cook was as "bad" as he had been last night. "He is not within fifty times as bad as he was last night; and what a game is this to be at every night!" was Palmer's reply. In a few minutes he returned with two pills, which he told Jones were ammonia, though I am assured that it is a drug that requires much time in the preparation, and can with difficulty be made into pills. The sick man swallowed these pills, but brought them up again immediately.

And now ensued a terrible scene. He was instantly seized with violent convulsions; by degrees his body began to stiffen out; then suffocation commenced. Agonised with pain, he repeatedly entreated to be raised. They tried to raise him, but it was not possible. The body had become rigid as iron, and it could not be done. He then said, "Pray, turn me over." They did turn him over on the right side. He gasped for breath, but could utter no more. In a few moments all was tranquil--the tide of life was ebbing fast. Jones leant over him to listen to the action of the heart. Gradually the pulse ceased--all was over--he was dead. I will show you that his was a death referable in its symptoms to the tetanus produced by strychnine, and not to any other possible form of tetanus. Scarcely was the breath out of his body when Palmer begins to think of what is to be done. He engages two women to lay out the corpse, and these women, on entering the room, find him searching the pockets of a coat which, no doubt, belonged to Cook, and hunting under the pillows and bolsters. They saw some letters in the mantel-shelf, which, in all probability, had been taken out of the dead man's pocket; and, what is very remarkable is, that from that day to this, nothing has been seen or heard either of the betting-book or of any of the papers connected with Cook's money affairs. On a subsequent day he returned, and, on the pretence of looking for some books, and a paper knife, rummaged again through the documents of the deceased. On the 25th of November he sent for Cheshire, and, producing a paper purporting to bear the signature of Cook, asked him to attest it. Cheshire glanced over it. It was a document in which Cook acknowledged that certain bills, to the amount of ?4,000 or thereabouts, were bills that had been negotiated for his benefit, and in respect of which Palmer had received no consideration. Such was the paper to which, forty-eight hours after the death of the man whose name it bore, Palmer did not hesitate to ask Cheshire to be an attesting witness. Cheshire, though unfortunately for himself, too much the slave of Palmer, peremptorily refused to comply with this request; whereupon Palmer carelessly observed, "It is of no consequence; I dare say the signature will not be disputed, but it occurred to me that it would look more regular if it were attested."

The case then stands thus:--Here is a man overwhelmed with pecuniary difficulties, obliged to resort to the desperate expedient of forging acceptances to raise money, hoping to meet them by the proceeds of the insurances he had effected upon a life. Disappointed in that expectation by the board; told by the gentleman through whom the bills had been discounted, "You must trifle with me no longer--if you cannot find money, writs will be served on you;" Cook's name forged to an endorsement for ?375; ruin staring him in the face--you, gentlemen, must say whether he had not sufficient inducement to commit the crime. He seems to have had a further object. No sooner is the breath out of the dead man's body than he says to Jones, "I had a claim of ?3,000 or ?4,000 against him on account of bills." Besides, he believed that Cook had more property than it turns out he really had. The valuable mare, Pole Star, belonged to him when the assignment had been paid off, and Palmer would have been glad to obtain possession of her. The fact, too, that Cook was mixed up in the insurance of Bates may lead one to surmise that he was in possession of secrets relating to the desperate expedients to which this man has resorted to obtain money. I will leave you to say whether this combination of motives may not have led to the crime with which he is charged. This you will only have to consider, supposing the case to be balanced between probabilities; but if you believe the evidence that will be given as to what took place on the Monday and the Tuesday--if you believe the paroxysms of the Monday, the mortal agony of the Tuesday--I shall show that things were administered, on both those days, by the hand of Palmer, by a degree of evidence almost amounting to certainty.

It will be for you to say whether the testimony that will be laid before you with regard to those symptoms does not lead your mind to the conclusion that the deceased came to his death by poison administered to him by the prisoner. There is a circumstance which throws great light upon this part of the case. Some days before his death the man was constantly vomiting. The analysis made of his body failed to produce evidence of the presence of strychnine, but did not fail to produce evidence of the presence of antimony. Now, antimony was not administered by the medical men, and unless taken in a considerable quantity it produces no effect and is perfectly soluble. It is an irritant, which produces exactly the symptoms which were produced in this case. The man was sick for a week, and antimony was found in his body afterwards. For what purpose can it have been administered? It may be that the original intention was to destroy him by means of antimony--it may be that the only object was to bring about an appearance of disease so as to account for death. One is lost in speculation. But the question is whether you have any doubt that strychnine was administered on the Monday, and still more on the Tuesday when death ensued? And if you are satisfied with the evidence that will be adduced on that point, you must then determine whether it was not administered by the prisoner's hand. I shall produce testimony before you in proof of the statements I have made, which I am afraid must occupy some considerable portion of your time; but in such an inquiry time cannot be wasted, and I am sure you will give it your most patient attention. I have the satisfaction of knowing that the prisoner will be defended by one of the most eloquent and able men who ever adorned the bar of this country or any other forum, and that everything will be done for him that can be done. If in the end all should fail in satisfying you of his guilt, in God's name let not the innocent suffer! If, on the other hand, the facts that will be presented to you should lead you to the conclusion that he is guilty, the best interests of society demand his conviction.

The opening address of the Attorney-General occupied upwards of four hours in its delivery. At its conclusion the jury retired for a short time for refreshment, and upon their return the following witnesses were called in support of the prosecution:--

ISMAEL FISHER, examined by Mr. E. JAMES: I am a wine merchant at 4 Victoria-street, City. I am in the habit of attending races and betting. I knew John Parsons Cook. I had known him for about two years before his death. I was at Shrewsbury races in November, 1855. I remember the Shrewsbury Handicap. It was won by the mare called Polestar, the property of Cook. It took place on Tuesday, November the 13th. I saw Cook upon the course. He looked as well as he had looked at any time since I had known him. I was stopping at the Raven Hotel at Shrewsbury. I know Palmer very well. I have known him rather more than two years. Cook and Palmer were stopping at the same hotel, and occupied a room separated from mine only by a wooden partition. It was a sitting room, and they occupied it jointly. On the Wednesday night, between 11 and 12 o'clock, I went into the sitting-room. I found there Cook, Palmer, and Mr. Myatt, a saddler at Rugeley, a friend of Palmer's. They had grog before them. I was asked to sit down by Cook, and I sat down. Cook asked Palmer to have some more brandy-and-water. Palmer said, "I will not have any more till you have drunk yours." Cook said, "Then I will drink mine." He took up his glass and drank the grog off immediately. He said within a minute afterwards, "There is something in it; it burns my throat dreadfully." Palmer then got up, took the glass, sipped up what was left in it, and said, "There is nothing in it." There was not more than a teaspoonful in the glass when he emptied it. In the mean time Mr. Read had come in. Palmer handed the glass to Read and to me, and asked if we thought there was anything in it. We both said the glass was so empty that we could not recognise anything. I said I thought there was rather a strong scent upon it, but I could not say it arose from anything but brandy.

Lord CAMPBELL: Did you put your lips to it?

WITNESS: I did not. It was completely drained. Within ten minutes I retired. Cook had left the room, and then came back and called me from it. We went to my own sitting room. He there told me he was very ill and very sick, and asked me to take his money.

Mr. E. JAMES: Did he state what he was suffering from?

Mr. Serjeant SHEE objected to this question.

Lord CAMPBELL: Surely his statement of the effect produced on him by what he had just swallowed is admissible.

Lord CAMPBELL: Was he affected by liquor?

Witness: Not at all approaching drunkenness, my lord. Cook came into my bedroom before I was up the same morning. He was much better, but still looked ill. I gave him back his money. About three o'clock on that day I saw Cook on the race-course. He looked very ill. I had always settled Cook's bets for him when he did not settle them himself. I saw his betting-book in his hand. It was dark in colour, and about half the size of this. . On the 17th of November , by Cook's request, I paid Pratt ?200. His account, in the ordinary course, would have been settled at Tattersall's on Monday, the 19th. I advanced the ?200 to pay Pratt. I knew that Cook had won at Shrewsbury, and I should have been entitled to deduct that ?200 from his winnings, if I had settled his account at Tattersall's. I did not settle that account, and I have not been paid my advance.

Cross-examined by Mr. Serjeant SHEE.--I had known Cook about two years, and Palmer longer. They were a good deal connected in racing transactions.

Do you know that they were partners?--I don't remember settling any transactions in which they were jointly interested, and I don't know that they owned horses jointly. They appeared very intimate and were much together, generally staying at the same hotels. I was not at the Worcester meeting. I don't know whether Palmer won at Shrewsbury as well as Cook. The races began on the Tuesday about 2 o'clock. Polestar ran about an hour afterwards, but I cannot tell the exact time. I saw Cook on the course after the race, and he appeared much elated. Polestar won easily. In the evening, when I went into the sitting-room, there was a candle on the table. A glass was ordered for me when I sat down. I don't remember drinking anything, but I cannot swear that I did not. I am a good judge of brandy by the smell. I said there was nothing particular in the smell, but the glass was so completely drained, that there was very little to smell. I counted the money Cook gave me. I had been at the Unicorn that evening quite an hour before. I dined at the Raven about 6 o'clock. I did not see Cook after the race on the Wednesday, till I saw him at the Unicorn, between 9 and 10 o'clock in the evening. I merely looked into the room. I saw Sandars, the trainer, Cook, Palmer, and a lady. I can't say whether they were drinking.

Did it happen that a good many people were ill on that Wednesday at Shrewsbury--I mean people connected with the races? No. I don't know that there were. On the Wednesday it was damp underfoot, but I forget whether it rained. I saw Cook several times on the course. On the Thursday the weather was cold and damp. I don't know that Cook and Palmer breakfasted together on the Thursday morning. On the 17th of November I received a letter from Cook.

Re-examined by the ATTORNEY-GENERAL: I never intended to say that Cook and Palmer were partners.

Did you notice any change of feeling on the part of Cook towards Palmer?--He never had any great respect for Palmer, but I did notice a change in him. It was a handicap race that Polestar won. Palmer had a horse called Chicken, which ran on the Thursday and lost. He had betted upon the race. Cook was not more elated at winning than people usually are. I am not sure that I drank any brandy-and-water while I was staying at the Raven.

Thomas Jones, examined by Mr. WELSBY, said: I am a law stationer in Carey-street, London. I was at Shrewsbury races last November, and I lodged at the Raven. I arrived there on a Monday night. I supped with Cook, Herring, Fisher and Gravatt. Cook appeared well. I saw him on the Tuesday and Wednesday, and he then also seemed quite well. Fisher and I went to the Raven between eleven and twelve o'clock on Wednesday night. Read was there, and he invited Cook into my room. Palmer was also there. After the party broke up, Fisher came and told me something about Cook, in consequence of which I went with him to Cook's bedroom. He complained of something burning at his throat and of vomiting. Some medicine was brought,--pills and a draught. Cook refused to take the pills. I then went to the doctor's and got some liquid medicine, and gave him a small quantity in a wineglass. He was in bed. About a quarter of an hour afterwards he took the pills also, and I left him. Between six and seven o'clock next morning I saw him again. He said he felt easier and better. He looked pale.

This witness was not cross-examined.

George Read, examined by Mr. BODKIN: I live in Victoria-street, near Farringdon-market. I keep a house frequented by sporting characters. I am acquainted with Palmer. I saw him at Shrewsbury races on Tuesday, as well as Cook. He appeared to be in his usual health. I saw him also the next day, and he was apparently in the same health. I stayed at the Raven. On the Wednesday night I went between eleven and twelve into the room in which were Palmer and Cook. There was more than one gentleman in the room. I had some brandy-and-water there. I saw that Cook was in pain almost immediately after I entered. He said to us there is something in the brandy-and-water. Palmer handed me the glass after it had been emptied. I said, "What is the use of examining a glass which is empty?" I believe Cook left the room. I did not see him again. I saw him on the following morning at eleven o'clock. He was in his sitting-room. He said in my hearing that he was very ill.

Cross-examined: On Tuesday he was as well as usual. He never looked a strong man, but one having delicate health. He was not in the habit of complaining of ill-health.

Re-examined by the ATTORNEY-GENERAL: My brandy was taken from another decanter, which was sent for when I went in. Cook appeared to be a delicate man, but I never knew anything to be the matter with him. He frequented races everywhere. I never knew him prevented by illness from going to races.

WILLIAM SCAIFE GIBSON: I am assistant to Mr. Heathcote, surgeon, of Shrewsbury. On the 14th of November last I was sent for, and went to the Railway Hotel, Shrewsbury, between twelve and one o'clock at night. I saw Mr Cook there. He was in his bedroom, but not in bed. He complained of pain in his stomach, and heat in his throat. He also said he thought he had been poisoned. I felt his pulse and looked at his tongue, which was perfectly clean. He appeared much distended about the abdomen. I recommended an emetic. He said that he could make himself sick with warm water. I sent the waitress for some. She brought about a pint. I recommended him to use a feather. He said he could do it with the handle of a toothbrush. He drank all the warm water. Having used the toothbrush he was sick. I examined the vomit; it was perfectly clear. I then told him I would send him some medicine. I sent him two pills and a draught. The pills were a compound rhubarb pill and a three-grain calomel pill. They were ordered to be taken immediately, and the draught, which was sennica--a compound of senna, magnesia, and aromatic spirit--was to be taken twenty minutes afterwards. It was what is called a black draught. Half an hour afterwards I gave to Jones, for Cook, an anodyne draught. I did not see Cook afterwards.

Cross-examined by Mr. Serjeant SHEE: Did you form any opinion as to what was the matter with Cook?--I treated it as a case of poisoning.

Did you observe anything in the vomit which led you to believe he had been poisoned?--Nothing at all.

Did he appear to have been drinking?--He appeared to be a little excited, but he was quite sensible what he was doing and saying.

In your judgment, was what you had prescribed a good thing, supposing Cook had taken poison?--According to the symptoms, I should say it was.

Would it not have been better to get the poison up at once, if possible?--He threw up the warm water.

Lord CAMPBELL: Did that cleanse the stomach?--Yes.

Cross-examination continued: Yet you thought calomel necessary?--Yes; on account of the distended state of the bowels.

Did you see anything like bile in the basin?--There was some on the edge of the basin, but it must have been thrown up before he took the warm water.

Re-examined by the ATTORNEY-GENERAL: The piece of bile was about the size of a pea? The water thrown up was perfectly clean. Cook's tongue was quite clean.

Is that usual in the case of a bilious attack?--If the stomach had been wrong any length of time the tongue would have been discoloured.

ELIZABETH MILLS examined by Mr. JAMES: In November last I was chambermaid at the Talbot Arms, Rugeley. I had been so about two years. I knew the prisoner Palmer, who was in the habit of coming to the Talbot Arms. I also knew Cook, the deceased. On Thursday, the 15th of November, he came to the Talbot Arms. He came between nine and ten o'clock at night. The prisoner was with him. They came in a fly. Cook went to bed at half-past ten o'clock. When Cook arrived he said he had been poorly, and was poorly then. I don't remember seeing Palmer after he got out of the fly. About twelve o'clock on the following day I took Cook some hot water, and he went out about one o'clock. He then appeared poorly. He said he felt no worse, but was not well. He returned about ten o'clock in the evening. In about half an hour he went to bed. I asked him if he felt any worse than when he went out in the morning. He said he did not. He said that he had been dining with Palmer. He was perfectly sober. He asked me for an extra piece of candle to read by. I saw no more of him that night. On Saturday morning, about eight o'clock, I saw Palmer at the Talbot Arms. I do not know whether Cook had sent for him. Palmer ordered from me a cup of coffee for Cook. I gave it to Cook in the bedroom. I believe Palmer was then in the room. I left the coffee in Cook's hands, but did not see him drink it. Afterwards I went upstairs, and found the coffee in the chamber utensil. That might be an hour, or it might be a couple of hours after I had taken up the coffee. The utensil was on the table by the side of the bed. I do not remember that I spoke to Palmer, nor he to me, about this. I did not see any toast and water in the bed-room; but a jug, not belonging to the inn, was about ten o'clock in the evening sent down for some fresh toast-and-water. The waitress, Lavinia Barnes, brought it down. I am sure the jug, which was brought down from Cook's room, did not belong to the Talbot Arms. I saw Palmer go in and out of Cook's room, perhaps, four or five times on that Saturday. I heard Palmer tell Cook that he would send him over some broth. I saw some broth in the kitchen, which some person had brought there ready made. After Barnes had taken some broth up, ten minutes or a quarter of an hour after the broth came over, I met Palmer going upstairs towards Cook's room. He asked if Mr. Cook had had his broth? I told him I was not aware that any had come for him. While I was speaking, Lavinia Barnes came out of the commercial-room, and said she had taken the broth up to Cook when it came, but that he refused to take it, saying it would not stay on his stomach. Palmer said that I must go and fetch the broth; he must have it. I fetched the broth and took it into Cook's room. Palmer was there. I cannot say whether it was to him or Cook that I gave the broth, but I left it there. I am sure that this was some of the broth which had been sent in. Some time afterwards , I went up to Cook's room again, and found that the broth had been vomited. About six o'clock in the evening, some barley-water was made for Cook. I took it up to him. I cannot say whether Palmer was with him. I cannot say whether or not that barley-water stayed upon Cook's stomach. At eight o'clock in the evening some arrowroot was made in the kitchen. I took it up to Cook. I cannot say whether Palmer was there, nor can I remember whether the arrowroot remained on Cook's stomach.

On Saturday, about three o'clock in the afternoon, I saw Mr. Bamford, the surgeon. On Sunday morning I went to Mr. Cook's room, about seven or eight o'clock. Mr. Smith, called "Jerry Smith," slept in Mr. Cook's room during Saturday night. He is a friend of the prisoner Palmer. I asked Cook if he was any worse? He said he felt pretty comfortable, and had slept well since twelve o'clock. On Sunday more broth, a large breakfast-cup full, was brought over for Cook. That was between twelve and one o'clock. I believe Charles Horley brought it. I took some of that broth up to Cook's room in the same cup in which it was brought. It was hot. I tasted it. I drank about two tablespoonfuls. In about half-an-hour or an hour I was sick. I vomited violently during the whole afternoon till about 5 o'clock. I was obliged to go to bed. I vomited a great many times. During the morning I had felt perfectly well, and had not taken anything that could disagree with me. It was before dinner that I took the broth. I went down to work again about a quarter before 6 o'clock. On the Sunday evening I saw Mr. Cook; he did not appear to be any worse. He seemed to be in good spirits. The illness seemed to be confined to vomitings after taking food. On Sunday night I saw Cook last about 10 o'clock. On Monday morning I saw him between 7 and 8 o'clock, when I took up to him a cup of coffee. I did not remain to see him drink it. He did not vomit it. Palmer was coming down stairs, as though from Cook's room, about 7 o'clock. To my knowledge Palmer was not there, on Monday. Cook got up about 1 o'clock, and appeared to be a great deal better. He shaved, washed, and dressed himself. He said he felt better, only exceedingly weak. He dressed as if he was going out. Ashmall the jockey, and his brother, and Saunders the trainer, came to see him. As soon as he got up I gave him some arrowroot, which remained on his stomach. He sat up until about 4 o'clock, when he returned to bed. Between 9 and 10 o'clock at night I saw Palmer. He was sitting down in Cook's room. I saw Cook about half-past 10 o'clock, and not again until about a quarter before 12 o'clock. On the Monday night, about 8 o'clock, a pill-box wrapped in white paper was brought from Mr. Bamford's. It was given to me by Miss Bond, the housekeeper, to take up to Cook's room. I took it up and placed the box on the dressing-table. That was before Palmer came. When I saw Palmer he was sitting by the fire in Cook's room. I went to bed between 10 and 11 o'clock. About eight or ten minutes before 12 o'clock the waitress, Lavinia Barnes, called me up. While I was dressing I twice heard screams from Cook's room. My room is above, but not immediately over Cook's. I went down to Cook's room. As soon as I entered the room I saw him sitting up in bed. He desired me to fetch Palmer directly. I told him Palmer was sent for, and walked to his bedside. I found the pillow upon the floor. There was one mould candle burning in the room. I picked up the pillow, and asked Cook if he would lay his head down. He was sitting up, beating the bedclothes with both his hands and arms, which were stretched out. When I asked him to lay his head down, he said, "I can't lie down; I shall be suffocated if I lie down. Oh, fetch Mr. Palmer!" The last words he said very loud. I did not observe his legs, but there was a sort of jumping or jerking about his head and neck, and his body. Sometimes he would throw back his head upon the pillow, and then raise it up again. He had much difficulty in breathing. The balls of his eyes projected very much. He screamed again three or four times while I was in the room. He was moving and knocking about all the time. Twice he called aloud, "Murder!" He asked me to rub one hand. I found it stiff. It was the left hand.

Examination resumed.--I did not rub it long. As soon as he thought I had rubbed it sufficiently he thanked me, and I left off. Palmer was there while I was rubbing the hand. While I was rubbing it the arm and also the body seemed to twitch. Cook was perfectly conscious. When Palmer came in he recognized him. He was throwing himself about the bed, and said to Palmer, "Oh, doctor, I shall die." Palmer replied, "Oh, my lad, you won't!" Palmer just looked at Cook, and then left the room, asking me to stay by the bedside. In about two or three minutes he returned. He brought with him some pills. He gave Cook a draught in a wineglass, but I cannot say whether he brought that with him. He first gave the pills, and then the draught. Cook said the pills stuck in his throat, and he could not swallow them. Palmer desired me to give him a teaspoonful of toast-and-water, and I did so. His body was still jerking and jumping. When I put the spoon to his mouth he snapped at it and got it fast between his teeth, and seemed to bite it very hard. In snapping at the spoon he threw forward his head and neck. He swallowed the toast-and-water, and with it the pills. Palmer then handed him a draught in a wineglass, which was about three parts full. It was a dark, thick, heavy-looking liquid. Cook drank this. He snapped at the glass as he had done at the spoon. He seemed as though he could not exactly control himself. He swallowed the draught, but vomited it immediately into the chamber utensil. I supported his forehead. The vomit smelt like opium. Palmer said he hoped either that the pills had stayed on his stomach or had not returned. He searched for the pills in the vomit with a quill. He said, "I can't find the pills," and he then desired me to take the utensil away, and pour the contents out carefully to see if I could find the pills. I did so, and brought back the utensil, and told him I could not see the pills at all. Cook afterwards seemed to be more easy. That was about half an hour or more after I had first gone into the room. During the whole of that time he appeared to be quite conscious. When Cook was lying more quiet he desired Palmer to come and feel how his heart beat, or something of that sort. Palmer went to the bedside, and pressed his hand, I cannot say whether to the heart or to the side of the face, but he said it was all right. I left Cook about 3 o'clock in the morning. He was not asleep, but appeared to be dozing. Palmer was sitting in the easy chair, and I believe he was asleep. I went into the next room and laid down. About 6 o'clock I saw Cook again. I asked if Palmer had gone, and Cook said he left at a quarter before 5 o'clock. I asked if he felt any worse, and he said, no, he had been no worse since I left him. I said, "You were asleep when I left." He replied, "No, I heard you go." He asked me if I had ever seen any one suffer such agony as he did last night? I said, no, I never had. He said he should think I should not like to see any one like it again. I said, "What do you think was the cause of all that agony?" He said, "The pills which Palmer gave me at half-past 10." I do not think anything more was said. I asked him if he would take anything, and he said, "No."

I do not remember seeing Palmer on that day until he was sent for. On that morning Cook seemed quite composed and quiet, but his eyes looked wild. There was no motion about the body. About twelve o'clock at noon he rang his bell, and desired me to send the "boots" over to Palmer to ask if he might have a cup of coffee. Boots returned and said he might, and Palmer would be over immediately. I took the coffee up to Cook a little after twelve o'clock. Palmer was then in Cook's room. I gave the coffee to Palmer. He tasted it to see whether it was too strong, and I left the room. Mr. Jones arrived by the three o'clock train from Lutterworth. I saw him in Cook's room. About four o'clock I took Cook another cup of coffee. I cannot say whether Palmer was there. Afterwards I saw Palmer. He opened the bed-room door and gave me the chamber utensil, saying that Cook had vomited the coffee. There was coffee in the utensil. I saw Cook several times before I went to bed. He appeared to be in very good spirits, and talked about getting up next morning. He said he would have the barber sent for to shave him. I believe I gave him some arrowroot. I did not see him later than half-past ten. Palmer was with him when I last saw him. I gave Palmer some toast-and-water for Cook at the door. Palmer then said to Cook, "Can this good girl do anything more for you to-night?" Cook said, "No; I shall want nothing more till morning." He spoke in a composed and cheerful manner. I remained in the kitchen all night, to see how Cook went on, and did not go to sleep. About ten minutes before twelve o'clock the bell of Cook's room was rung violently. Jones was sleeping in a second bed in the same room. On hearing the bell I went up to Cook's room. Cook was sitting up. I think Jones was supporting him, with his arms round his shoulders. Cook said, "Oh, Mary, fetch Mr. Palmer directly." I went to Palmer's, and rang the surgery bell. As soon as I had rung I stepped off the steps to look at Palmer's bed-room window, where I expected him to appear, and he was there. He did not lift up the sash, but opened a small casement and spoke to me. I could not see whether he was dressed, but I heard and knew his voice. I asked him to come over to Mr. Cook directly, as he was much the same as he had been the night before. I don't remember what he replied. I went back to the hotel, and in two or three minutes Palmer came. I was then in the bed-room. Jones was there supporting Cook. Palmer said he had never dressed so quickly in his life.

The question which elicited this answer was, "Did Palmer make any remark about his dress?" After the answer had been given,

Mr. Serjeant SHEE objected to the form in which the question had been put.

Lord CAMPBELL: It seems to me that the examination is conducted with perfect fairness. No leading question, nor any one which could be considered doubtful, has been put to the witness.

Examination continued: I left the room, but remained on the landing. After I had been waiting there a short time Palmer came out. I said, "He is much the same as last night." Palmer said, "Oh, he is not so ill by a fiftieth part." He then went down stairs as though going to his own house. He was absent but a very short time, and then returned to Cook's room. I also went in. I believe Cook said, "Turn me over on my right side." I was then outside, but the door was open. I do not think that I was in the room at the time he died. I went in just before, but came out again. Jones was there at the time, and had his right arm under Cook's head. Palmer was then feeling Cook's pulse, and said to Jones, "His pulse is gone." Jones pressed the side of his face to Cook's heart, lifted up his hands, but did not speak. Palmer asked me to fetch Mr. Bamford, and I went for him. Cook's death occurred about three-quarters of an hour after I had been called up. Mr. Bamford came over. I did not return to Cook's room. When Mr. Bamford came down stairs he said, "He is dead: he was dead when I arrived." After Mr. Bamford had gone I went up to the landing, and sat upon the stairs. I had sat there about ten minutes when Jones came out of the room, and said, "Mr. Palmer wants you," or "Will you go into the room?" I went into the room where Cook was lying dead. Palmer was there. I said to him, "It is not possible that Mr. Cook is dead?" He said, "Oh yes, he is dead." He asked me who I thought would come and lay him out. I mentioned two women whom I thought Palmer knew. He said, "Those are just the women." I said, "Shall I fetch them?" and he said, "Yes." I had seen a betting-book in Cook's room. It was a dark book, with gold bands round the edges. It was not a very large book, rather more long than square, and had a clasp at one end. I saw Cook have this book when he stopped at Talbot Arms, as he went to the Liverpool races, some months before. There was a case at the one side containing a pencil. I saw the book in Cook's room on Monday night. I took it off the dressing-table and gave it to him in bed. He asked me to give him the book, pen, and ink, and some paper. I gave him all. That was between seven and eight o'clock. He took a postage stamp from a pocket at one end of the book. I replaced the book on the frame of the looking-glass on the dressing-table. Palmer was in the room after that time. To my knowledge I never saw the book afterwards. I afterwards searched the room for it, but could not find it. When I went into the room after Cook's death, the clothes he had worn were lying on a chair. I saw Palmer searching the pockets of the coat. That was about ten minutes after the death. When I went into the room Palmer had in his hand, searching the pockets, the coat which I had seen Cook wear. Palmer also searched under the pillow and bolster. I saw two or three letters lying upon the chimney-piece. I never saw them again, but I was not much in the room afterwards. I had not seen the letters before Cook's death.

The examination in chief of this witness being concluded, the Court adjourned, at twenty minutes past six o'clock, till next morning, when it met at ten o'clock.

SECOND DAY, MAY 15.

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