Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
proved,” says the writer, “that Cook died from strychnia, there is no
difficulty in connecting Palmer with the administration of it. But if
that fact is not proved, then the other circumstances do not lead to the
irresistible inference of his guilt.” For the sake of all parties
concerned in the case, for the sake of society at large, and, above all,
for the sake of justice, let that point be set at rest; and let that be
done in this manner--Mr. Herapath says he can detect strychnia wherever
present. Then let there be a certain number of animals killed, some by
strychnia and some by other means; let their interiors be taken out and
put in jars, each separately and numbered, and verified with all the
necessary formalities, Mr. Herapath being kept in the dark as to which
was the poisoned jar and which was not; and if he then can distinguish
between those which contained strychnia and those that did not, let the
Home Secretary have the moral courage to step in and avert the
disgraceful and horrible-to-contemplate possibility of having one day,
in token of his acknowledged innocence, to wave a flag over the grave of
William Palmer, to which he has been consigned upon insufficient
evidence, despite of the revelations of science, and because (to use the
words of Dr. Taylor), “society demands a victim.”
My lord, I have been told by lawyers that all presumptive evidence of
crime should be admitted cautiously, for the law holds that it is better
that ten guilty persons escape than that one innocent suffer. And there
is a famous case which so strongly illustrates this noble principle of
the law that I may remind your lordship of it here. The mother and
reputed father of a bastard child were observed to take it to the margin
of the dock in Liverpool, and, after stripping it, to throw it into the
dock. The body of the infant was not afterwards seen, but, as the tide
of the sea flowed and reflowed into and out of the dock, the learned
judge who tried the father and mother for the murder of their child,
observed that it was possible the tide might have carried out the living
infant, and the prisoners were acquitted. The case is mentioned by
Garrow, one of the ablest and purest judges that ever adorned the bench;
and it has been brought before me as illustrative of the wise and
merciful caution which the judges of the past were used to exercise
before they persuaded juries to condemn men who might possibly be
innocent. How your lordship would have decided this trial had it taken
place before you, and had the public Press, under the influence of
insurance societies, hounded on the many to a cry for blood, I can
easily anticipate; but that the great judge who ruled for mercy
adjudicated according to the well-known principles of the Constitution
is what I am assured by every man who has made the English law his
study, and who is too pure to be influenced by a shout of “Crucify him!
crucify him!” will admit without the slightest shadow of a doubt. Take,
Public-domain text, read in full here on John Shaqi.
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