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179
Now, upon this testimony, you are to consider; and I have no
doubt of the result to which you will arrive. If all these fragments
did constitute the parts of one human body, in different states and in
different conditions, the inquiry then is, were those remains the body of
Dr. Parkman, or not? And upon this point, certainly, you have
strong proofs-perhaps entirely decisive; but of that you must
judge.
You have the testimony of these same medical gentlemen, who say
that the structure of Dr. Parkman was somewhat peculiar; that
these remains, examined in the best.way theycould, corresponded in
all particulars with the body of Dr. Parkman - in the form, the struc-
ture, the size, the height, the color of the hair, the growth upon the
back ; certainly very strong circumstances, tending to establish a prob-
ability that this was the body of Dr. Parkman. And this is done, per-
haps, effectually, perhaps conclusively, by the testimony of Dr. Keep,
the medical gentleman who had occasion to make the teeth of Dr.
Parkman three years before, who had occasion often to examine them,
who has compared the teeth with the model, to which it adapts itself.
He declares that he cannot entertain a particle of doubt that they are
the same ; and these, connected with circumstances which tend to
show that they were fused while in the mouth of Dr. Parkman.
These circumstances are strong.
We have called your attention to the testimony of Dr. Morton, an
eminent, and intelligent, and skilful dentist of this city, who has
given to you clearly his views on the subject. Not that we call him
to contradict Dr. Keep, but that you may understand this testimony
which has been presented.
This has enabled the Government to bring in Drs. Harwood Tucker,
and Codman, who have confirmed the general statement of Dr. Keep;
and I have only to say that this is a question upon which you are to
pass.
If you are satisfied that this is the body of Dr. Parkman, that
settles that point. If' you are not,satisfied, their case is gone.
What was the cause of the death?-and that is a thing which re-
quires your particular attention. Have the Government satisfied you,
beyond reasonable doubt, that Dr. Parkman died by violence ? I shall
not now, of course, call your attention to any part of the testimony
of the Government by which they attempt to implicate Dr. Webster;
but taking the circumstances having a tendency to show that Dr.
Parkman came to his death by violence separate from anything which
implicates Dr. Webster, let us see whether it is certain, beyond
reasonable doubt, that this body which was found came to death by
violence.
I suppose the Government will rely upbn two circumstances,
which have been given in evidence, as tending to show this fact;
which two circumstances are quite insufficient in justifying a Jury to
come to such a conclusion. 1 refer to the supposed fracture of the
skull, and to the perforation of the side. As to that portion of the bone
presented by Dr. J. Wyman as having some tendency to show that
there was a fracture, I have scarcely occasion to say more than to re-
mind you that, in answer to an inquiry from the Chief Justice, Dr.
Wyman said, that though there was an appearance that that fracture
occurred before the bone was subjected to heat, yet there was nothing
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