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else in this case, you are to weigh circumstances, and deduce from
circumstances the inferences which are the just and proper conclusions
from the fact. Now, Gentlemen, I contend that the circumstances
which must have accompanied that scene of death, if death there
were, must have been such as to have extenuated the offence com-
mitted, from the crime of murder to the crime of manslaughter.
What was the relation of these parties to one another, the circum-
stances under which they met, and from which they never separated,
according to the Government, both alive ? You have heard of the
relation between these parties of debtor and creditor. You know that,
fora loag period of time, DrWebsterhad been indebted to Dr. Parkman.
You know that Dr. Parkman became exasperated, to some extent,
against him, in consequence of the acts on the part of Dr. Webster
which Dr. Parkman denounced as unjust and dishonest. And, under
that imputation of injustice and dishonesty, you know, from the evi-
dence given, that Dr. Parkman meant to pursue, and did pursue him.
I speak in terms well measured. So early as the first conversation
which he had with his brother-in-law, Mr. Shaw, the feelipas of Dr.
Parkman were much excited against the prisoner. And I believe
that, from that hour to the last hour when he was known to be in ex-
istence, that feeling never was removed, but became increased. You
have the testimony of Mr. Pettee, with whom Dr. Parkman held
several interviews. He in vain endeavored to realize the money that
was coming to Dr. Webster from his annual course of lectures.
He was disappointed and chagrined. He had said to Mr. Shaw that
he would have this money, and Mr. Shaw had endeavored to calm
his mind. Both these gentlemen occupy a relation, in respect to pe-
cuniary means, well understood by the community. It was not the
amount due from Dr. Webster to Dr. Parkman which made the money
a matter of interest or of importance. A loss of that amount would
never have been felt by Dr. Parkman ; and undoubtedly, under other
circumstances, he would freely have parted with much more than that,
perhaps to Dr. Webster himself. But there were relations between
them of an angry character. Dr. Parkman, as I say, was disappointed
and chagrined with his want of success with Mr. Pettee ; yet he
never forbore the purpose he had in his mind, to enforce against Dr.
Webster the payment of this money. He did not call in the aid of the
law; he did not ask for a writ, by which his property could be
attached; but he assumed, by his mode, I will not say of harassing
the feelings of his debtor, that he should be able to obtain this money.
Accordingly, you find that his pursuit was constant, his purpose un-
changed and inflexible, and his manner, I think, never calm, in
relation to this matter. He sent, by Mr. Pettee, a message, which,
if it reached Dr. Webster, could not but have exasperated him.
That that message, or another like it, did reach him, I think you can-
not question. So early as Thursday evening preceding November
23, there were irritating circumstances connected with this subject.
Dr. Webster ,was aggravated. Probably, never a profane word was
spoken by Dr. Parkman ; yet, that rash language was used, and, in
the common parlance, vulgar language was used, which came in some
way to Dr. Webster, certainly showing that there was not a kind
relation between the two, I doubt not. You see it developed in other
circurnstances. So early as Aonday evening of that week, that fatal
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