Bemis Report of the Webster Trial, 1850 [1897], Image No: 238   Enlarge and print image (70K)           << PREVIOUS  NEXT >>
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Bemis Report of the Webster Trial, 1850 [1897], Image No: 238   Enlarge and print image (70K)           << PREVIOUS  NEXT >>
23$ - TRIAL OF JOHN W. WEBSTER. as a constructive confession? Such a conclusion will be instantly rejected by every heart that can feel, by every mind that is capable of reflection. Go with me now, still further, and observe him at a later hour, and under other circumstances. The officers return; and Mr. Parker, the Attorney for the Commonwealth, is with them. He and Dr. Webster had long known each other, and now a few brief and painful words passed between them. The prisoner, careless of himself, unmindful of his own personal peril or sufferings, thought only of his family,-spoke only of them, and wept for his children. His yearnings for sympathy from an old acquaintance were met only with the cold and repulsive answer, "that there was another family who had been in distress for the last week;" and the short conversation between them was closed. He was soon after inquired of, if he was. willing to go with the officers to the Medical College to visit the scene of the alleged murder. Exhausted. as he was, he made no objection, but yielded the most ready assent. The offcers in attendance immediately lifted him into a carriage, and trans- ported him to that place. The doors of his apartments then were broken open in his presence, and the party stopped in the upper laboratory;-- big private room. I wish here to call your attention to an inconsiderable, but yet most striking and essential fact, most indicative of his innocence, because it shows that he had no consciousness that the remains of a human body could be found in the privy vault. From the moment that his faculties gave way at the jail, under the oppressive influences which crushed him there, he had been nearly helpless and almost speechless. It is the con- current testimony of all the witnesses, that it was at this time and in this place,-in the private room,-that he found partial relief, and became comparatively calm and self-possessed. Remember that no remains of a human body had yet been exposed to him; that he had not been informed where the body had been found, or from whence it was to be brought. He had no knowledge that a hole had been dug through the foundation-wall, or that there was any possible access to the vault beneath, except through the privy. It was then, when he was there asked for the key of the door of that privy, upon the opening of which the contents of the vault, whatever they were, would be discovered and exposed, that he was the most quiet, composed, and self-possessed. He pointed out the place where the key could be found; and, when a wrong one was brought to him, he recognized it as the key of his wardrobe. This was the moment of his greatest calmness. Other circumstances had oppressed and overwhelmed him; but now, when the consciousness of guilt, if he were indeed guilty, would have tortured his heart with its sharpest pangs as he foresaw the instant and inevitable discovery of incontestible evidence against him, he quailed under no fear, but was comparatively restored to tranquility and self-possession. Such com- posure, at such a Moment, is utterly incompatible with the supposition or theory which attributes to him the deposit of those remains in the vault where they had already been found; but it forcibly confirms the hypothesis which assigns that awful work to a secret agent and an unknown hand. This short period of partial restoration,-which affords in its occur- rence at that time and place, and under those peculiar circumstances, the most convincing evidence to every diligent and faithful inquirer for the truth who will give just weight to moral presumption, that the prisoner could have had no guilty connection with those remains,-quickly passed away. He was soon assisted to descend to the lower laboratory; and there, immediately, before any development was made or any parts of the body were shown to him, the fit was on him again. His limbs could no longer perform their functions, and big mind lost all its firmness, and ceased thenceforth from all regularity of action. He literally sank down exhausted under the oppression of emotions which could neither be gov,