|
TRIAL OF JOHN W. WEBSTER. 315
If these representations were not true, if he paid no money at that
time, then the possession of these notes would have a strong tendency
to show that they were obtained by foul and unlawful means. If the
smaller note was in fact paid, that would show that the defendant's
possession of it was rightful, and rebut any presumption of guilt from
such possession. Still, the argument would remain in full force, (if the
fact be so,) that he also got possession of the larger note upon which a
considerable sum was payable, and which would not be due for more
than a year. The defendant has stated to many persons that he paid
$483.64; and it has been stated here by the defendant, that he had col-
lected money for the purpose of paying that sum, which, I understand
from the computation, though not strictly accurate, was about the
amount due on the smaller note. But we are not aware that there is any
statement or any proof that the larger note was paid; and the fact that a
much larger sum was unpaid upon it, and that it was not yet due,
seems quite decisive against any such supposition. This is another fact
in the chain of evidence which the Court deem important; for, if proved,
it supplies a motive for the act charged.
Now, if, upon the whole evidence, it is proved to the satisfaction of
the jury, beyond reasonable doubt, that the defendant made this appoint-
ment to induce Dr. Parkman to come to the Medical College,-with a
view, by force or foul means, to get possession of these notes, or either
of them, without payment, and did resort to such force and violence as
put the life of the deceased in jeopardy and immediately or ultimately
caused his death, and did thereby get possession of the notes,-it would
be a very strong case of murder by express malice.
But, if there is not sufficient evidence to satisfy the jury that the
appointment made by the defendant with Dr. Parkman to come to the
Medical College was made with the premeditated purpose, then formed,
to commit this homicide, but that, after he did come there, the defend-
ant, with a view to obtain these notes, or either of them, or to get rid
of an importunate creditor, or from any other cause or motive, formed
the design to take the life of Dr. Parkman, (though such particular
motive is not proved,) and proceeded forthwith to execute such inten-
tion, and there are no circumstances of excuse or mitigation proved,-
the conclusion must be, that it was murder by implied malice. If, how-
ever, there is no sufficient proof of the fact of homicide, there must be a
general verdict of acquittal.
Then there are a great variety of circumstances, coming from many
witnesses, introduced for the purpose of showing acts of the defendant
in concealing and attempting to destroy these remains. If these remains
were placed in his apartments where they were found, after the death
of Dr. Parkman, without the defendant's knowledge, or concurrence,
this concealment cannot affect him. The evidence must be such as to
satisfy the jury that it was his act, or done by his order, or with his
knowledge, before it can bear upon the question of his guilt.
I do not deem it necessary to make more than a general allusion to
the occasions of Dr. Webster's presence and absence at the College, the
manner in which the various portions of the remains were disposed of,
the sending in of the tan, the procuring of the tin box and the fish-hooks,
the position of the privy, the size of the aperture in the privy-seat, and
many other circumstances and particulars which you will recollect.
They were gone over so fully in the examination and in the arguments,
that their general bearing will be understood. It is for you to consider,
first, whether they are such as to affect the prisoner; and secondly,
whether any, and which of them, are satisfactorily proved, and their
bearing on the result.
I pass them over with one remark,-that the extent to which they
can go is to prove a consciousness of some guilt connected with the
homicide, without indicating anything respecting the quality of the act,
whether murder by express or implied malice, or manslaughter. They
|
