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county aforesaid, in a certain building known as the Medical .College,
there situate, on the 23d of November last past, in and -upon : the
said George Parkman, feloniously, wilfully, and of his malice afore-
thought, did make an assault on him the said George Parkman, in
some way and manner, and by some means, instruments and weap.
ons, to the Jury unknown, did then and there feloniously, wilfully,
and of his malice aforethought, deprive of life, so that he the said
George Parkman then and- there died; and so the Jurors aforesaid,
upon their oaths aforesaid, do say, that the said John W. Webster
him the said George Parkman, in the manner and by the means
aforesaid, to the said Jurors unknown, then and there feloniously,
witfully, and of his malice aforethought; -did kill and murder, against
the peace and dignity of the Commonwealth aforesaid, and contrary
to the form of the statute in such case made and provided.
DAN'L RHOADES, Foreman Grand Jury.
JOHN H. CLIFFORD, Attorney General.
To this indictment, the Jury were informed; the prisoner at the
bar had pleaded Not Guilty ; and that they were here, upon their oaths,
to try the case, and true deliverance make.
At this stage of the proceedings, the Attorney General rose and said
I would state, may it please your Honor, that from the great vari.
ety of circumstances connected with this case, and owing to the fact
that the attorney for this countyhas business in another Court, I have
been a nder the necessity of calling in my friend, Mr. Bemis, a member of
the bar in this county, to help arrange the case. He has rendered me
that service, and I would ask the Court that he may be permitted to
assist me on the trial, in the introduction and presentation of the
testimony to the jury.
Judge Shaw. It is granted.
OPENING OF THE CASE, BY MR. CLIFFORD.
May it please your Honors, and you; Mr. Foreman and Gentlemen
of the Jury: --
In entering upon our respective duties, Gentlemen, in a case of so
much interest and -importance as the one now before us, I am sure that
none of us can need anything like admonition to impress us with
the sense of our responsibility, or anything like exhortation to a con.
scientious fidelity in discharging ourselves of that responsibility.
Least of all, Gentlemen, do I deem it necessary to introduce that so
common topic of caution to a jury, that they shall keep themselves
free from all excitement which .may prevail upon the subject of their
investigations out of doors; an excitement, Gentlemen, in this case,
which undoubtedly has affected the whole community, and which
arises, and has arisen,,out of an event which must have caused it in
any community in which life would be tolerable. But here, Gentle.
men, in the clear, calm light of justice, in this Temple of Justice, we
are to investigate an issue, and endeavor, with all the aids and lights
which the ordinary course of legal procedure may place in our hands,
to ascertain the simple truth of the accusation which is brought by
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