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. Palmer, upon which Mr. Cook was not primarily liable. I say here was a distinct interest which the prisoner had to appropriate this money to himself, because it was the means for the moment, and the only means he could resort to, of staving off the evil hour which was rapidly approaching. The degree of difficulty in which he was placed must not be measured simply by the amount of his pecuniary liabilities. It was not merely that he had these large bills upon which at any moment process might be issued, but he had made his mother answerable for those bills, and the moment the first of them was put in motion in the Courts the fraud and forgery would come to light, and he would be exposed not merely to the consequences of his inability to pay his debts, but to the consequences of the law which he had violated. The former might have been got rid of in the Insolvent Court or the Bankruptcy Court, but the crime of forgery could not have been got rid of; for that he would have to answer at the bar of a Court of criminal justice, and would have incurred the penalty of transportation, or of penal servitude in an aggravated form. But there is a further sum besides the £1000; he appropriated a further sum of £350, which was to be got from Messrs. Wetherby. It is said that he got a genuine cheque from Cook to entitle him to receive that money, but it is not for a moment suggested what induced Cook to give it to him. Was it a genuine cheque? That matter might have been solved by its production. It is not produced; yet it is quite clear that it was returned to the prisoner’s hands by Messrs. Wetherby when they could not get the money. It is quite clear that it was of great importance to him to get the money, because there was £100 to be paid to Pratt, which must be paid in order to stave off the evil day upon the bill of £1500, which was due on the 9th of November. Where is that cheque? If it had been produced we could have seen whether it was a genuine cheque or not. It is not forthcoming.
Design Digest
Trial of William Palmer — Part 196
2026-11-15 05:02:19 · The Daily Ledger
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