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182 TRIAL OF JOHN W. WEBSTER.
of such poor perception, that they could not distinguish one man from
another. The Attorney General replied, enforcing his position by the
argument, that the witnesses for the defence had been allowed to tes-
tify to seeing some person whom they believed to be Dr. Parkman, but
to whom they had not spoken or offered to speak, while in the present
instance, the witnesses had addressed, or been upon the point of address-
ing, the supposed Dr. Parkman, and then discovered their mistake. He
also alluded to a trial which had occurred in Middlesex county, a few
years before, in the instance of a man named Sherman, where the
same kind of evidence had been considered proper.
[The Court, after consultation, deemed the evidence incompetent;
the Chief Justice remarking, that there would perhaps be no objection
to the introduction of the very person supposed to resemble Dr. Park-
man, but that this testimony of the resemblance of an unknown stranger,
was quite too remote and unsatisfactory.]
George W. Fifield, sworn,-examined by Mr. Clifford. I am keeper
of the toll-house on Cragie's bridge: I recollect the time when the
clock was put up on the Court-House at East Cambridge. It was put
up last fall.
[The Counsel for the defence objected to the relevancy of evidence
to show the accuracy of this clock for time-keeping. On the part of
the Government, it was insisted that it might tend to invalidate the tes-
timony of Mr. Thompson, as to the time when he supposed that he saw
Dr. Parkman. The Court thought it competent to show that the clock
was an irregular time-keeper.]
Witness, resumes.-So far as I know, it has not kept accurate time.
It has often stopped, and does not agree with other clocks. From my
place at the toll-house, I can see the Lowell Railroad clock, and it has
not agreed with that., It has been a very inaccurate time-piece, accord-
ing to my observation.
Cross-examined, by Mr. Sohier.-I should think that the clock
referred to, the Court-House clock, had been put up about six months.
I noticed it both before and after Dr. Parkman's disappearance. It
would sometimes be faster, and sometimes slower, than the railroad
clock; from a quarter, to a half an hour.
Samuel D. Fuller, sworn,-examined by Mr. Clifford.. I am toll-
keeper on the Cambridge end of the West Boston bridge; have observed
the Court-House clock at East Cambridge. It was put up early last
fall. It has not been an accurate time-keeper. at all times. It has
stopped, sometimes, altogether; at other times, it has varied five or ten
minutes from other clocks.
Cross-examined, by Mr. Sohier.-I have known it stop in snow-
storms. It was more irregular when first put up: it has since kept
better time.
The Government here rested their case; and at half-past eleven
o'clock, Mr. Merrick commenced his closing argument for the defence,
as follows:-
May it please Your Honors,
and, Gentlemen of the Jury:-
I need not say to you with what feelings of embarrassment I rise
to address you, at the close of this protracted investigation. I cannot
be more sensible than you are, of the magnitude and vast importance
of the issue to be determined, or of the difficulties to be encountered
in the examination and discussion of the accumulated mass of evidence
upon which its decision depends; or of the solicitude, everywhere felt,
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