Bemis Report of the Webster Trial, 1850 [1897], Image No: 16   Enlarge and print image (73K)           << PREVIOUS  NEXT >>
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Bemis Report of the Webster Trial, 1850 [1897], Image No: 16   Enlarge and print image (73K)           << PREVIOUS  NEXT >>
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,,