Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
Again, he acknowledges that he was engaged in the proposal to insure the
life of Bates for £10,000. Bates being at that time superintending the
stables of the prisoner at the bar, living in lodgings at 6s. 6d. a
week, apparently having no property, and nothing depending upon his
life, his life was to be insured for £10,000. Smith gets himself
appointed agent to an insurance office, and, with a knowledge of these
facts, he proposes the insurance to be accepted by the office which he
represents; and can you believe such a witness who acknowledges himself
to have been engaged in such fraudulent proceedings, and who, now being
examined upon his oath, denies the handwriting of his own attestation to
that document? Gentlemen, of his credit you are to judge. His evidence
would be material as to what took place on the Monday night, because it
would show that the pills that Cook took that night were taken as they
had been prepared by Bamford, and before the prisoner at the bar had had
any opportunity to substitute others for them in the pill box. Such is
the case with regard to what took place on the Tuesday. If it stood
there, and if it were believed, it would be evidence in favour of the
prisoner at the bar; and you are to say whether you believe it, or, if
you disbelieve it, what effect it has upon the other testimony that has
been brought forward.
Gentlemen, the case is now in your hands; and, unless upon the part of
the prosecution a clear conviction has been brought to your minds of the
guilt of the prisoner, it is your duty to acquit him. You are not to
proceed even upon a strong suspicion; there must be the strongest
conviction in your minds that he was guilty of this offence; and if
there be any reasonable doubt remaining in your mind, you will give him
the benefit of that doubt; but if you come to a clear conviction that he
was guilty, you will not be deterred from doing your duty by any
considerations such as have been suggested to you. You will remember the
oath that you have taken, and you will act accordingly. Gentlemen, I
have performed my task; you have now to discharge yours, and may God
direct you to a right finding.
Mr. SERJEANT SHEE--Your lordship stated to the jury that _the_ question
for them to consider was whether the evidence that has been brought
forward is consistent with the death of Cook by strychnia. I submit to
your lordship that that is not the question which ought to be submitted
to the jury.
LORD CAMPBELL--Serjeant Shee, that is not _the_ question that I have
submitted to the jury; it is _a_ question. I told them that unless they
considered that the symptoms were consistent with death by strychnia
they ought to acquit the prisoner.
[Sidenote: Lord Campbell]
Public-domain text, read in full here on John Shaqi.
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