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314 TRIAL OF JOHN W. WEBSTER.
true state of facts in the case, is to operate against the accused. Still,
if
it led to a search, in consequence of which they were found, these papers
found in his custody are to have the same effect as though the letter had
in fact referred to them.
Then you are to consider the evidence upon the question, whether Dr.
Webster had the means of paying, and did in fact pay, upon that occa-
sion, $483.64, or any sum whatever. This he stated to various persons,
and the same statement was found embodied in a memorandum taken
from his wallet. If that was false and put forth to deceive, it is a fact
important and material to this part of the case.
Under this head you will bear in mind the transactions between Dr.
Webster and Mr. Pettee. Mr. Pettee testifies to the payments which he
had made to Dr. Webster, they being all receipts for his tickets, and also
to the efforts of Dr. Parkman to stop the money in his hands, which he
communicated to Dr. Webster. He testified that he paid Dr. Webster,
on the 9th of November, $275.90; on the 14th of November, $195; on the
16th, $30, to his order through Mr. Littlefield; and on the 23d, $90 to him-
self, in a check on the Freeman's Bank. These payments, except that
of the $30, correspond in dates and amounts (with the further exception
of $150 for $195, November 15th) with deposits made by him in the Charles
River Bank, as appears from the testimony of Mr. Dana the cashier,
and from his own bank-book.
There is one circumstance in this part of the case which seems sig-
nificant; and that is, that the $90 paid on the morning of that Friday was
,probably not used in making up the $483.64 alleged to have been paid on
that day, because a check of the same amount, on the Freeman's Bank,
'was deposited by Dr. Webster on the next day, and credited to his
account, in the Charles River Bank at Cambridge. Another fact, tes-
tified of by Mr. Pettee, deserves consideration. He says that he does not
know whether he communicated to Dr. Webster all that Dr. Parkman
said of him, but that when he went to the Medical College on Friday
morning, he told Dr. Webster that Dr. Parkman had called on him sev-
eral times to know if he had funds of his; that he told Dr. Webster that
he did not wish to have any trouble with Dr. Parkman, and for that
reason had come to pay the money over to him; and that Dr. Webster
thereupon said, "You will have no further trouble with Dr. Parkman,
for I have settled with him."
From this and the other evidence in the case, you will consider
whether the $483.64 was in fact paid, or whether the defendant's rep-
resentation to that effect was false.
It was my intention to examine somewhat particularly the testimony
respecting the account the defendant gave of this payment, and of his
interview with Dr. Parkman. It was mentioned by several witnesses,
and alluded to shortly in his own memorandum. Perhaps the first state-
ment made to Mr. S. Parkman Blake, to whose evidence I have already
referred, was one of the fullest. According to his report of Dr. Webster's
account of the interview, as I have it upon my notes= `Dr. Parkman
appeared,-seemed to be in a great hurry,-came up to my table, and
asked me if I was ready for him; I told him I was; he took out a bundle
of papers, done up rather loosely in brown paper, and drew out some
notes, and I thereupon took out the money and paid him,-$483 and some
cents. Dr. Parkman seized the money and was going off: I said, "there is
one thing you have forgotten, Doctor; where is that mortgage?' Dr.
Parkman replied, `I haven't it with me; but I will see that it is properly
attended to. He then rushed out of the lecture-room, with these papers
carelessly exposed to view."
To another witness (Dr. Francis Parkman), Dr. Webster, in giving
an account, of the same interview, added another circumstance; namely,
that Dr. Parkman had some papers, and that he took out one, and dashed
his pen across it,-making a hasty gesture, to intimate that the act was
sudden and violent.
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