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Professors thereupon take him into custody. Not another word is
said. Then, when he is advised by Counsel, he retracts his confession,
and there is no evidence how he killed him ; according to the
monstrous proposition of the Counsel for the defence, he might have
walked the streets of this city, and shown himself anywhere, free as
the air, throughout this Commonwealth of ours, and the law could
not reach him'. Now, if that is the law of this land, it is time it was
altered. No ! it is not so.
Gentlemen. I shall maintain, here before you, that if you are
doubtful-and I admit you may well be-whether he died by a
blow on the head by a hammer, or by a stab from a knife - if you
are doubtful how it was done, by what means, or instrument - and
yet, if you are satisfied that Dr. Webster was the perpetrator of
the homicide, that he did deprive Dr. George Parkman of life,-
then, no matter how he did it, he cannot, under this indictment,
escape the violated justice of this Commonwealth. That is to be
vindicated, were he ten times higher in social position, as much as
though he were the humblest man among us.
Now, in order to come to the considerntion of the evidence, I start
with this proposition:-That the proof in this case must satisfy you
beyond a reasonable doubt-and by that is meant a doubt for which
you can give a satisfactory reason to your own minds, and to others,
if they ask it ; not a possible doubt ; not that it was possible that
some one else might have done this, but a reasonable doubt, that
George Parkman has been killed. Proof must satisfy you, beyond
reasonable doubt, that George Parkman has been killed by somebody.
Have you a doubt of that? If you have, my labor is in vain. I may
stop here, for the case stops here ; and your faith, Gentlemen, in
anything else in this case, is equally vain.
Why, it is said by the learned Counsel that there is no direct evi-
dence that Dr. George Parkman is not now living; and it is gravely
put to you, in the face of all this proof which we have had here,
upon the testimony of Dr. W. T. G. Morton, and upon such improb-
abilities as the ingenuity of the Counsel could invent- it is gravely
put to you, as a question in doubt, whether Dr. George Parkman still
be in full life or no.
Well, Gentlemen, what have we been doing here, for a fortnight
past? What has been done before we came here? Have the sol-
emn rites of religion been performed over unknown bones ? Has
his estate been administered upon, and have others succeeded
to and entered upon the large responsibilities which belonged to
him, -and yet, is he still among the living ? Oh, would to God
it were so ! Has there not been' a search, which has brought into
requisition, not only the vigilant police of this city, but which
made every man in it a policeman-a search such as never was had
before ? And no tidings or trace of him, living or dead, have been
found, unless these mutilated remains, and these calcined bones, con-
stituted parts of his mortal frame.
Why, it is said -
°' The times have been
That, when the brains were out, the man would die,
And there an end; but now"
under the invocation of the learned Counsel -
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