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and then the testimony of experts. Deacon Gould says he has, for a
long time, known the hand-writing of Dr. Webster, and that he has
some superior knowledge ; but I think it cannot have escaped notice
that his evidence was presented on the ground that he has effective
skill. 'Now, as to these letters, there is quite a difference between
them. Mr. Smith, the engraver, sustains Mr. Gould about the '° Civis"
letter, but not about the others. That letter was dated on Monday;
the others were dated the 30th. Indeed, one was dated the 31st, but
post-marked the 30th. Now, it is these that Mr. Gould has expended
his force upon ; and if either of these is in the hand-writing of Dr.
Webster, the '° Civis" letter is.
I have not had much time to examine this, but I wish to call your
attention to some things which Mr. Gould states. He sees the resem-
blance in certain letters, in which be says they are precisely alike.
Now, I have unpractised eyes. I claim no skill as an expert. Quite
the reverse. But I think I have skill enough to discover that, in some
of these particulars,-and I think you will decide in all,-this Mr.
Gould is the merest visionary ever called upon to testify before a Jury.
I am about to ask you, when you retire to your rooms for the last
solemn decision, that you will take these letters. Remember that
you are not to be governed by the opinion of Mtssrs. Gould and
Smith; they are only opinions. And you are to consider whether
it is proved, beyond all reasonable doubt, that these letters are in the
hand-writing of that man. In connection with that opinion, you may
have your own opinion, and exercise your own judgment. And from
comparison of the same papers from which that witness has formed
his opinion, I will show you a specimen. Among other things which
the witness says were made alike, you will remember, were the figures
1, 3, 4 and 9. You will find, in the °° Civis" letter, that they are
made different. Here is the date 1849,-'1 the last shall be first, and
the first last,"- I wish you would look at that 9, and then look at
those upon every one of the checks.
Believing, Gentlemen, most confidently, that letter is not in the
hand-writing of Dr. Webster, -(it would take quite too long to go
into particulars,) -I have to say, generally, that I think the most
careful scrutiny of it, in comparison with the real letters which have
been produced, will show that the opinion of Mr. Gould, upon this
subject, is of such a character that no Jury will feel safe to act upon
it in unimportant matters - much less to be sufficient to justify them
in acting at all upon any part of the evidence where life is at stake.
I know that I need not dilate upon-this. I have stated my own
convictions. The Court will state to you what the evidence is; the
Court will state the law. And I will leave to you to form your judg-
ment upon those letters, with the genuine papers in the case ; and
have no doubt, that when you have done that,-though the Govern-
ment have been zealous and honest, have done no more than what is
right and fit, in laying the evidence before the Jury,-yet, you will
come to the conclusion that you have no other right, and no other
decision, in relation to that, than to lay it out of the case.
There are one or two other considerations. The Government have
introduced testimony here in relation to certain articles found in the
possession of Dr. Webster. They have called witnesses here, to
show you that on Friday morning Dr. Webster ordered a tin box.
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