Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
again, the ordinary case which I find mentioned in an anonymous letter
in one of the morning papers, and which, I am informed, is so strongly
illustrative of the caution exercised in all criminal cases where the
judge is impartial, and where medical science must occasionally be
fallible, that it needs no words of mine to add to its force. Its value
is increased by this fact, that neither I nor any person connected with
my family has the least knowledge of who the writer is, and, therefore,
no considerations but those which do him honour can be supposed to
operate on his mind.
“To establish,” he says, “a perfect chain of circumstantial evidence,
every circumstance in the case must be proved beyond all cavil. And the
first and most important and absolutely indispensable circumstance in a
case like that of Palmer’s is the fact of a murder having been
committed. That is the groundwork of the circumstantial fabric, without
which the rest of the edifice topples over. It is a circumstance of
which merely the conduct, however suspicious, antecedent or subsequent
to its occurrence, of the alleged murderer furnishes no valid proof. To
convict a man of poisoning, you should distinctly trace the death of the
deceased to poison.
“Take a case in point. It is of frequent occurrence in this country that
a woman is charged with the murder of her newly-born infant. She is
unmarried; she is proved to have been suspected of pregnancy, and to
have denied the fact; she is proved to have been recently delivered of a
child; she has been seen going to a water-closet, and, after she has
left, there are found, rammed down the pipe of that water-closet, the
dissected members of an infant’s body; a knife smeared with blood is
discovered hidden away, and traced to the prisoner’s possession; she has
made no provision for the reception of the child, which, should it
survive the moment of its birth, must prove an incubus upon its mother
and a living witness to her shame. Here are circumstances of a damning
nature. A strong motive, a cool premeditation, a mutilated body, and
physical traces which cannot be mistaken. Mark the result. A surgeon is
called at the trial, and states that he cannot positively swear that the
child was born alive; that it may by possibility have been born dead;
that there being no proof that the child was ever alive, he cannot be
sure that it was killed by being cut in pieces. In that case there is no
Professor Taylor, who, while the case was _pendente lite_, has written
letters in a newspaper stating that ‘society demands a victim,’ and
whose sworn testimony is to the effect that, inasmuch as 99 children in
100 are born alive, his solemn belief is that so was this child, and
that he has therefore come to the conclusion that the cutting off of its
head was the cause of death. There is no Chief Justice to tell the jury
that they are to take all the circumstances surrounding the case into
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