Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
The trial marked an important step in English criminal procedure. In the
ordinary course Palmer would have been tried by an Assize Court in
Staffordshire, but the prejudice against him there was so strong that it
was felt he would not have a fair trial. An Act was therefore passed,
the 19 Vict. cap. 16, for enabling the trial to take place at the
Central Criminal Court in London. Since then that Act has been available
in any similar circumstances. To the magnitude and difficulty of the
Palmer case must be assigned the reason for three judges, Lord Chief
Justice Campbell, Mr. Justice Cresswell, and Mr. Baron Alderson being
appointed to try it: a very rare occurrence in England. The bar on each
side was remarkably strong. Sir Alexander Cockburn became the successor
of Lord Campbell; Mr. Edward James, Q.C., was one of the most brilliant
advocates of his day, and was only prevented from rising to the highest
professional honours by certain private incidents in his career which
happened subsequently; Mr. Huddleston became Baron Huddleston; Mr.
Bodkin and Mr. Welsby were the leading men of their time in the special
practice of the Old Bailey. Mr. Serjeant Shee, the leader for the
defence, became Mr. Justice Shee, and Mr. Grove, Q.C., who was one of
the most distinguished physicists of his day, and wrote a famous book on
“The Conservation of Energy,” became Mr. Justice Grove. Mr. Kenealey
was subsequently the famous Dr. Kenealey, the counsel for the Tichborne
claimant, a man of great learning and natural genius, inferior to none
of his professional contemporaries.
In an English criminal trial an inquiry into the family history of the
accused, or into his personal character and previous career, has no
place unless insanity is in issue. Such matters were rigidly excluded
from the trial of Palmer. This trial as it stands is simply a great
forensic contest famous in the records of the criminal law. The criminal
himself is, as it were, an abstraction or automaton, his acts are only
taken into account as part of certain outward events which enter into
the general body of circumstances connected with the particular case.
The motive is investigated, but strictly in relation to the particular
crime; and in atrocious crimes the pecuniary motive always seems
inadequate. Deadly hate or fierce passion, or an access of unreasoning
fear in some circumstances, may be more intelligible. Yet such crimes
seem always inexplicable, unless we can refer them to some abnormality
in the character of the criminal himself, and either ascribe it to his
ancestry or deduce it from his own doings outside the culminating crime
which he commits. The normal man, we say, does not become base at a
stroke.
In Palmer’s case there is available evidence of both kinds bearing on
abnormality. It may not amount to insanity. It may be only the
“wickedness” of which Sir James Stephen speaks in a quotation given
below. Whatever it may be called, it is traceable in Palmer throughout
his life.
Public-domain text, read in full here on John Shaqi.
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