JOHN SARGENT, examined by Mr. SERJEANT SHEE--I frequently attend race meetings, and knew Mr. Cook intimately. I was with him at Liverpool on the week previous to the Shrewsbury meeting. We slept in adjoining rooms, and in the morning he called my attention to the state of his throat and mouth. The back part of his tongue was in a complete state of ulcer. I said I was surprised that he could eat and drink in the state his mouth was in. He said he had been in that state for weeks and months, and took no notice of it now. He had frequently before then shown me his throat when it was in that state. On one occasion, when he took a ginger nut with cayenne by mistake, he told me that it nearly killed him. Before Shrewsbury races Cook was very poor. He owed me £25, and paid £10 on account, saying he had not sufficient to pay his expenses at Liverpool. Cook and Palmer were in the habit of betting for each other on particular horses. I have heard Cook apply to Palmer to supply him with a lotion called blackwash. This is a mercurial lotion of calomel and lime water.
Cross-examined by Mr. JAMES--He applied for it at the latter end of last year. Having seen the state of his throat, I was surprised at his eating and drinking so well.
JEREMIAH SMITH, examined by Mr. SERJEANT SHEE--I am an attorney at Rugeley, and knew the late Mr. Cook. I saw him at ten o’clock on Friday morning, 16th November, 1855. He was having breakfast in bed--a cup of tea with a wineglassful of brandy in it. I dined with him and Mr. Palmer about two o’clock. We had a beefsteak and some champagne. After dinner we had three bottles of port wine, of which Cook drank his share. We rose from the table between five and six, and Cook and I went to my house, and then to the Albion Hotel, which is next door, and had a brandy and water each. Cook left me there between seven and eight. He said he felt cold. During that day I asked Cook for £50 he was due me. He gave me £5, and when he took the note out of his case I said, “You can pay me the whole £50.” He said, “No; there is only £41 10s. due to you.” Then he said he had given Mr. Palmer money, and he would pay me the remainder when he returned from Tattersall’s on Monday after the settling. On the Saturday night following I slept in the same room with him, as he was not well. We went to bed about twelve o’clock. In the early part of the night he got some toast and water, and he was sick. I saw him using a night-chair in the room. He tried to vomit, but I do not know whether he did so or not. After that I slept until Mr. Palmer and Mr. Bamford came in the morning to see him. He said, “I am rather better this morning. I slept from about two or three o’clock, after the confounded concert was gone.” Mr. Bamford said, “I will send you some more medicine.” I then got up and left the house. I know Mrs. Palmer, the mother of the prisoner. She asked me to see her on Monday evening, and, in consequence of that, I went about two o’clock to see if I could find Palmer, but could not. About ten minutes past ten I saw him in a car coming from the direction of Stafford. I asked him, “Have you seen Mr. Cook to-day?” He said, “No; we had better just run up and see.” We went up, and Cook told Palmer he was late, and that he had taken the medicine. We only stayed two or three minutes. Cook said he had taken some pills Mr. Bamford had sent him. He also said he had been up that day, and Palmer said he ought not to have been up. Palmer and I then went to his mother’s house, about 400 or 500 yards. We stayed about half an hour, and then left for Palmer’s house. I left him at his house and went home. On the Saturday I asked Cook to dine with me, but he did not. He said he was not well. I got for him a boiled leg of mutton and some broth from the Albion, which was taken to him by Ann Rowley, a charwoman. In the May before his death I borrowed £100 from Mrs. Palmer and £100 from William Palmer for Cook. I also negotiated a £500 loan through Mr. Pratt. I know that Palmer and Cook were jointly interested in one horse, “Pyrrhine,” and that they were in the habit of betting very frequently for each other. Shortly before Mr. Cook’s death I had seen Mr. Thirlby, Palmer’s assistant, dress Cook’s throat with caustic. I have seen this four or five times, chiefly before Shrewsbury races. I know Mr. Cook’s signature. [Some papers were handed to witness.] Here are two notes, instructions for the £500. One is signed “J. P. Cook” and the other “J. Parsons Cook.” I saw that signed. Some weeks before Mr. Cook’s death he was served with a writ. [The following letter was read:--]