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7 RIAL OF JOHN W. WEBSTER. 195
general conformity to the person of Dr. Parkman. They testify that
his form and structure were somewhat peculiar, and that similar peculi-
arities were observable in these remains; and that, in all the particu-
lars of form, structure, size, height, color of the hair, unusual growth
of hair upon the back, they discovered a general correspondence to
him. and that in no particular whatever did they find any dissimil-
arity. This testimony, which, in most of the circumstances mentioned
by the medical gentlemen, is similar to that of other witnesses who
were the friends or personal acquaintances of Dr. Parkman, may be
admitted to have some tendency to prove, and perhaps to create a
strong probability, that they were the remains of his person. But,
however strong the probability, the sufficiency of the evidence, if it
stoppkd here, to establish the identity, may well be questioned.
The testimony of Dr. Keep and Dr. Noble is more precisely to the
point of identity, and may perhaps be regarded by you even as conclu-
sive. Dr. Keep declares that he has not a particle of doubt, that the
parts of the blocks of mineral teeth which were taken from the fur-
nace were of his manufacture, and were made for Dr. Parkman. He
states the various considerations which have induced this unhesitating
conviction in his own mind; and he has exposed and explained to you
his models, and exhibited to you how, and in what manner and particu-
lars, the teeth which were taken from the furnace will conform to and
correspond with them. The testimony of Dr. Noble entirely corresponds
with that of Dr. Keep; who is sustained very fully, in certain particulars,
by the testimony and opinions of Drs. Harwood, Tucker, and Codman
We. have called, in the defence, Dr. Morton, an intelligent and skilful
dentist, whose opinion, in some particulars, varies from that of Dr.
Keep; but whether there is any real or ,substantial contradiction
between them, or whether it really affects his testimony in any import-
ant particular, can probably be determined Without much difficulty by
those who had an onnortunity of hearing the explanations and state-
ments of the several witnesses.
Having thus barely adverted to the sources and character of the
evidence, upon which the identity of the remains with the person of
Dr. Parkman is attempted to be proved, it is not my purpose to argue
or discuss it; but to leave the question as to the death of Dr. Parkman
to your decision, without any additional remark. If the fact of his
death is not established, there can be no occasion for further inquiry.
But, if the death of Dr. Parkman shall be determined by you to
be an established fact, the Government are bound next to proceed and
show, that it was occasioned by violence, or the unlawful agency of
some other person. Here is required your careful and serious atten-
tion. Is it proved, beyond all reasonable doubt, that other than natural
causes must necessarily have interposed to terminate his life? I shall
not now ask your attention to any of the parts of the testimony of
the Government, by which they attempt to implicate Dr. Webster, as
the perpetrator of the crime charged against him, but shall endeavor
first to see, whether there is sufficient proof of the fact, that a crime
has been committed; whether any personal violence, or unlawful agency
of another person, was the cause of the death of Dr. Parkman.
Two circumstances have been mentioned, and will he relied on„ to
satisfy you that the death of Dr. Parkman was produced by violence;
by the infliction of blows with dangerous weapons, upon his person.
I refer to the supposed fracture of the skull, and the perforation, or
hole, found in the side of the body. And I shall 'endeavor to satisfy
you. that there is no evidence relative to eithe of these. which can
safely a.nd necessarily lead you to any such Jhision. ~ Indeed, they
may very easily and readily be disposed of.
As to the supposed fracture of the skull, the whole sugP-estion rests
upon the narrowest and most insufficient -round. Dr. Wyman has
Pxhibited a portion of the skull-bone, which. upon its edges. affords
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