(Evidence was given to show that Herring held three bills of exchange, each for £200, on which Cook and Palmer were jointly responsible to him. He received £200 from Cook on one bill; another £200 bill he deducted, as instructed by Palmer from the £1000. The third bill he paid himself for by not paying Padwick as Palmer instructed him. Besides these bills Herring held a fourth for £500 drawn by Palmer on his mother, and endorsed by him and Cook. It was proved that this acceptance was not in Mrs. Palmer’s handwriting.)
GEORGE BATE, examined by Mr. JAMES--I am a farmer, and was in the employment of the prisoner during September, October, and November of last year. I was engaged to look after his horses, and received no stated salary, sometimes two sovereigns and sometimes one sovereign a week. I remember in the month of September, 1856, being in the company of Mr. Cook and Mr. Palmer. Something was said by one of them to me about an insurance being proposed on my life.
Mr. SERJEANT SHEE objected to this evidence, and his objection was sustained.
Mr. THOMAS BLIZZARD CURLING, examined by the ATTORNEY-GENERAL--I am a Fellow of the College of Surgeons, and surgeon to the London Hospital. I have published a work on the subject of tetanus. Tetanus signifies spasmodic affection of the voluntary muscles of the body. There are two sorts of tetanus, idiopathic and traumatic. Idiopathic tetanus is tetanus originating, as it were, as a primary disease, without any wound. Traumatic is from a wound. During twenty-two years I have been surgeon to the London Hospital. I have never seen a case of idiopathic tetanus. I have seen over fifty cases of traumatic tetanus. Traumatic tetanus first manifests itself by a stiffness about the jaws and the back of the neck; rigidity of the muscles of the abdomen usually sets in; a dragging pain at the pit of the stomach is almost a constant attendant of spasm of the diaphragm, and in many cases the muscles of the back are sensibly affected. Then the spasms, though continuous, are liable to aggravation in paroxysms. As the disease goes on these paroxysms become more frequent and more severe. When they occur, the body is drawn backwards; in some instances, though less frequently, it is bent forwards; then, in an acute case, a difficulty in swallowing is a very common thing; a difficulty in breathing also during the paroxysm, a choking sensation. The disease may end, supposing it be fatal, in two ways; the patient may die somewhat suddenly of suffocation, owing to closure of the opening of the windpipe, or the patient may be worn out by the severe and painful spasms, and the muscles may relax and the patient gradually sink and die. Traumatic tetanus is generally fatal, and the locking of the jaw is an almost invariable symptom. A symptom very characteristic of the disease is a contracted condition of the eyelids, a raising of the angles of the mouth, and a contraction of the brow. The lower extremities are sometimes affected, and sometimes the upper; the muscles affected are chiefly those of the trunk. I have never heard of traumatic tetanus being produced from sore throat or from chancre. A case of traumatic tetanus which ends fatally takes from one day to four days, or longer, before death ensues. I never heard of a case in which a man would be attacked one day and then have twenty-four hours’ respite, and be again attacked the next. The symptoms of the death of Mr. Cook, given by Mr. Jones, the surgeon, were not consistent with any form of traumatic tetanus I ever heard of. There was the sudden onset of the fatal symptoms; in all cases that have fallen under my notice the disease has been preceded by the milder symptoms of tetanus. The symptoms given by the woman Mills as to the Monday night were not those of tetanus. The sudden onset and rapid subsidence are not consistent with what I call the true form of tetanus. The poison, nux vomica, produces tetanic convulsions.