Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
absolutely the whole that the poor man possessed--you are asked to
believe that he hands it over to the prisoner to go and dispose of as he
pleases--that is my learned friend’s proposition, but I do not think you
will adopt it.
[Sidenote: Attorney-General]
Then, if that be not so, what does the prisoner do? He goes to London,
but does not go to Fisher, who was the agent of Cook, who would, in the
first place, have paid himself back the £200, and, in the second place,
would not have paid the sums which he received except upon Cook’s
authority and instruction, but would have sent the money to Cook, or
have paid it upon Cook’s written direction as to what was to be done
with it. He takes the account, therefore, to a comparative stranger, who
never had acted for Mr. Cook before, feeling that that stranger would
have no hesitation or repugnance in paying the money according to the
direction of the man from whom he had the direction to receive it,
supposing that both emanated from Mr. Cook, the person interested in the
money. Accordingly he says to Mr. Herring, “Here is a list of bets which
Cook will be entitled to be paid at Tattersall’s; they are so much, you
dispose of it in this way; pay yourself £200”; it being the fact that
Mr. Cook and the prisoner had before raised the sum, I think, of £600;
£200 had been raised by Mr. Cook on his acceptance, and £400 had been
raised on the acceptance of the prisoner. Mr. Cook’s portion had been
paid off, but that of the prisoner remained unpaid. Palmer says to Mr.
Herring, “Pay yourself £200, then go to Pratt’s and pay him £450; then
go to Padwick and pay him £350.” Now, it is perfectly clear that the
£450 was a debt due from Palmer to Pratt, and it is untrue that Cook had
anything to do with it. The debt of £350 to Padwick was for some bet,
and although it is not proved, I have reason to believe that the minor
part of it was a debt of Cook’s, but the larger part was a debt of
Palmer’s upon a matter in which they stood in together. There is
evidence that Mr. Palmer treated the debt due to Padwick as his. He
says, “I will pay you my bet of £350 at such a time.” I am giving him
credit for what I believe was the fact, that a part of it was Cook’s.
Why was Cook’s debt paid then? There was a warrant of attorney in the
hands of Mr. Padwick, and Mr. Padwick was getting impatient for his
£1000, and if this bet had not been paid to Mr. Padwick, Mr. Padwick
would have resented the non-payment of the debt of honour which he had
no means of enforcing, and would have come down upon Mr. Palmer, no
doubt, at a very early period in respect of the £1000 due upon the bill
dishonoured twelve months before. Exactly that came to pass--in
consequence of Mr. Herring not receiving the whole of the money, he was
not able to pay Mr. Padwick, and the result was that Mr. Padwick put the
process of the law in motion against the prisoner on that bill, and
brought an action against his mother. The bill for £1000 was the bill of
Mr.
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