Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
In this preliminary sketch I shall not attempt to convey any idea of the
chemical and medical evidence by a formal summary. It would be
impossible, as Sir James Stephen remarks, to treat satisfactorily such
an extensive, so technical, and so contradictory a body of testimony,
and only such a general statement will be made of the circumstances as
will enable the reader the easier to follow the case of the prosecution.
In the English procedure counsel’s speech for the prosecution begins the
proceedings. In the Scottish the evidence is led at once. The trial is
treated in this respect as if it were a Scottish trial on account of its
extreme bulk, as it extended over twelve days. Neither in the Scottish
series, which are already published, nor in the English series, now
beginning, is there a trial of equal length; nor do I know any other
murder trial so long, with the exception of that conducted by Browning
in “The Ring and the Book.” In this trial, as in every English trial,
the opening speech was intended to inform the jury merely of the facts
and prepare their minds for the evidence, and lucidity of statement, at
the most, is the only forensic effect aimed at. I accordingly omit the
Attorney-General’s speech _qua_ speech, and found this preliminary
statement on it. The point of interest as regards forensic oratory is
reached with the speech of Serjeant Shee, the leading counsel for the
defence. He analyses the evidence led for the prosecution, challenges
its cogency, outlines the case in reply which will be an answer to every
point made, appeals eloquently and pathetically for the prisoner, and,
we may add incidentally, asserts his absolute belief in his client’s
innocence, thus bringing on himself the presiding judge’s reproof for
transgression of the rules of advocacy. The culmination is attained in
the reply of the Attorney-General. Nothing, unless it is of the most
temporary interest, is omitted in these two speeches, and every
reference and argument in them will be intelligible in the light of the
examinations and cross-examinations as given, which, not less than the
speeches, are classic examples of the forensic art.
There is a tradition that Palmer, a racing man, expressed his sense of
the deadly effect of Sir Alexander Cockburn’s examination,
cross-examination, and speech in racecourse language, “It was the riding
that did it.”
Public-domain text, read in full here on John Shaqi.
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