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16 TRIAL Off' JOHN w. W EBSTER.
ing very nearly, I think, to cant, about moral evidence. There is, doubt-
less, Gentlemen, a species of moral evidence, which is entitled to great
weight, and which oftentimes is successfully invoked by persons charged
with crime, to give an assurance of innocence. Such evidence is proper
and legitimate, and will doubtless be put in here on behalf of the pris-
oner, and you will give it its due consideration. I hope you will also
give heed to a class of facts which furnishes strong evidence, of the
same character, against the prisoner: facts tending to show, that in
the progress of hese events, nature has spoken out through the prisoner
himself; that his physical system has evinced an intense nervous agita-
tion; that significant ejaculations have escaped him when he intended to
have kept his lips sealed; and that inquiries have been made by him
which it is difficult to reconcile with conscious innocence. This species
of evidence will connect itself not only with the circumstances of his
arrest, but will apply to a considerable period of time that followed it.
On Thursday, in consequence of suspicions which had been con-
ceived in the mind of Mr. Littlefield, the janitor of the College, certain
steps were taken by him to make an examination of the privy vault
under Dr. Webster's laboratory. During the previous examination of
the Medical College by the police officers, on Tuesday, it had been ascer-
tained that there was no mode of access to this vault, except through
the privy above of which Dr. Webster himself kept the key. You will
have to consider, Gentlemen, the testimony which applies to the
examination of this vault, and the discovery of those remains in con-
nection with other branches of the case; and you will allow me very
respectfully to say to you, confiding, as I certainly do, in your intelli-
gence, that you may be liable to be misled in weighing that testimony,
unless you carry along with it in your minds other facts which tend to
explain and enforce it.
I think you will find by this evidence, that as early as Sunday even-
ing, Mr. Littlefield conceived the suspicion that Dr. Webster knew
more than any other person about the disappearance of Dr. Parkman;
and that during that week he acted, throughout, in an honest con-
formity with those suspicions. You will consider that being in the
employment of the Professors in the Medical College, and relying upon
that employment for his bread, he was in some degree a dependant of
Dr. Webster; you will reflect that such a man, entertaining such a
suspicion, would naturally proceed with the greatest caution and de-
liberation; and you will find that he did so.
On Thursday he attempted to open that vault, which, with the excep-
tion of Dr. Webster's private room was the only part of thei building
that had not been examined, and to which there was no access, save
through the laboratory, where Dr. Webster himself was bolted in a
large portion of the time. He commenced breaking through the wall on
Thursday, and found it much more difficult than he anticipated; he
continued it, however, till he had penetrated through two or three
courses of brick, there being five or six courses in all. On Friday morn-
ing he communicated his purpose to two of the Professors, Drs. Jack-
son and Bigelow; and following up their suggestions, he continued his
labor. While at work, he set his wife to watch for Dr. Webster's ap-
proach to the building, and to notify him of it by a certain signal; but
directed her not to disturb him if any of the other Professors came.
At one time, Mrs. Littlefield, having mistaken another person for Dr.
Webster, gave the appointed signal, and he suspended his operations.
On discovering the mistake, he resumed his work, and near the close
of the day, on Friday, effected an opening into that vault, and there-
discovered what justified and confirmed his own suspicions, and sent a
thrill of horror through the heart of the whole community.
You will judge of the deportment of Mr. Littlefield, when this dis-
covery was made; of his conduct when he went, as he had been directed
to do in the event of his discovering anything, to Dr. Jacob Bigelow's,
and on not finding him at home, to his son's, Dr. Henry J. Bigelow,,
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