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TRIAL OF JOHN W. WEBSTER. 89•
Dr. Bigelow. These are matters of fact, and not of relation. They are
a part of the res gestae; substantially so, at least. Suppose the jury
to be satisfied that these remains were those of Dr. Parkman. It appears
from this evidence, that they must have been there, either with the
knowledge of Littlefield, or Webster. Now the conduct of Littlefield,
at first, is important; and it is proper to be testified to, as much as
the language of a. person when he comes away from a place, in which
it is charged, that he committed a homicide. Would it not be admissi-
ble for him, in such a case, if he is to be tried for the offence, to
produce
tegtmony, as to what he said at first? I see no difference between such
a case and the present, where the party is the witness, and not the
defendant.
Mr. Merrick.-We had supposed, that precisely this question had
arisen, and been determined by the Court. Mr. Littlefield was called
upon to testify as to what he said, and we have not objected to that.
But we object to other conversations, designed to corroborate him. The
Court sustained us, on the last occasion, as to excluding conversations
between the two; and we can see no difference between the ruling then,
and that asked for, now.
Chief Justice,-(after conference of the Court.)-It appears to us,
that it is competent to show Mr. Littlefield's manner, and conduct and
appearance; but not to give his conversation.
Mr. Bemis, to the witness.-PXease to state, then, what were his
manner ,and appearance, when he came up, after discovering the
remains.
Mrs. Littlefield, resumes.-When he came up, he appeared very much
affected. He was more affected, than I ever saw him before, in my life.
He bursted (burst) out a-crying, and said- [The witness was checked,
and told, that she must not repeat what he said. "I can't say anything
else, then," she ejaculated, earnestly.]
Mr. Littlefield did not leave immediately, as he was not able to go.
But, shortly after, he locked up the doors, and went away.
Mr. Trenholm, the police-officer, came in, in five or ten xpinutes
after Mr. Littlefield went. He asked for Mr. Littlefield; and I told him
that he was gone to Dr. Bigelow. I unlocked the cellar-door with the
key of another door, and Mr. Trenholm'went down. He had not been
gone more than five minutesI should think, before he came up, and
said, there was no mistake- [Witness checl .d.] Mr. Trenholm
remained at the College, until Mr. Littlefield and Mr. Clapp returned.
No one else went down, while Mr. Littlefield was gone. I was about
the house, somewhere, until Mr. Littlefield returned with the officers.
I recollect going into the store-room for a pail of water, while the
officers were there; think, my little boy and girl followed me. After
the officers came, I went into my own apartments, not wishing to hear
or know anything more about the matter. I never saw any bed-clothes
brought there by the,express-man.
Cross-examined by Mr. Sohier.-I think that it was after dark, when
I went after the water. The boy, my own child, is four years of age,
the little girl about eight; the little girl is not mine, but lives with me.
Sometimes the little boy sets up late; sometimes he goes to bed early;
that night, we were in so much confusion, that, perhaps, he did not go
to bed before twelve o'clock. I recollect going for the water, because
I did not wish to go by the scuttle, or trap-door, where the officers had
gone down. I don't know whether the bag was tan, or not, or whether
I ever saw any tan in the laboratory, or not. When Dr. Webster
carried these articles in, I don't know how long he remained. I did not
see him take the articles in; they were there when he went in, but were
gone after he left.
We always had a turkey for Thanksgiving-day, and Mr. Littlefield
said, Tuesday, that Professor Webster had given one to hire for Thanks-
giving'. When he afterwards mentioned about the turkey, I corrected
him, as to the date; this was before the coroner's jury was held. I don't
know what he testified before them.
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