Bemis Report of the Webster Trial, 1850 [1897], Image No: 203   Enlarge and print image (65K)           << PREVIOUS  NEXT >>
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Bemis Report of the Webster Trial, 1850 [1897], Image No: 203   Enlarge and print image (65K)           << PREVIOUS  NEXT >>
TRIAL OF JOHN W. WEBSTER. 203 l orandum taken from his pocket at the time of his arrest, and now put into the case by the Government as evidence, states that there was such an arrangement; and it is but fair and reasonable, that the prisoner should now have the benefit of the statement. No matter, then, that the amount found due by a computation upon the notes, according to the indorsements upon them, will not correspond with the amount alleged to have been paid. It is not to be expected that it should be so; for the parties, having had some differences before, had agreed in advance as to the amount that should be paid upon this occasion. It must have been so; else why did Dr. Parkman have both notes with him? If one only was to be paid, why carry them both? He did not carry all the papers; the mortgage was kept back, but he had both notes with him. And I appeal to you if it be not reasonable to say, that they were there because the parties had before come to an arrangement which required them both to be brought forward by Dr. Parkman. You cannot fail to observe, in this very connection, another very strik- ing, because altogether incidental, corroboration of the statements of Dr. Webster, as to what took place at the interview in the College. He has uniformly stated, that the mortgage was not given up,-that Dr. Park- man agreed to see himself to its discharge, upon the records, in Cam- bridge. And now here upon this trial, you see, produced from the pos- session of the family of Dr. Parkman, the identical papers which Dr. Webster says Dr. Parkman took upon himself to discharge at some subsequent day. Look, then, most carefully at the whole series of transactions, and determine for yourselves, if the simple narrative of Dr. Webster must not be substantially true. Mark the incidental, but strong, corrobora- tions which accompany and fortify it. It is beyond all question, that the creditor was pressing for payment. He went down to the College to receive his money,-he carried the notes to give up in exchange for it,- the notes were given up, the mortgage was retained, and it is now pro- duced from the possession of his family,-and if not all, yet some portion of the funds came from the students attending the chemical lectures. Now I submit to you, with the utmost confidence, if the explanations which are offered are not abundantly spfficient to refute the extraordin- ary assumption of the Government. I do not say that the argument is absolutely conclusive, because it must be admitted, that the proof of the facts relied on is in some particulars incomplete and imperfect. But is there not amply sufficient to indicate to you the way, and lead you to the truth,-to repel the awful and fearful imputation of the Govern- ment, that the prisoner at the bar, destitute of funds, and utterly incap- able of meeting the payment to Dr. Parkman, deliberately contrived and calmly premeditated his destruction, by the most atrocious crime which can be committed against the rights of humanity? And yet, you must reject all these reasonable explanations, and sustain, to its fullest extent, this startling hypothesis of the Government, or you cannot affirm that the, homicide, if it ever took place, was of malice aforethought. I beg you to weigh it well, for on it are the issue of life and death. At this point, the hour of adjournment, two o'clock, P. M., having arrived, Mr. Merrick suspended his address, and the Court adjourned to half-past three. Afternoon Session.-Friday, March 29th. The Court came in at half-past three o'clock, and Mr. Merrick imme- diately rose and resumed his closing argument for the defence. If I have succeeded, Gentlemen of the Jury, in repelling, as I trust I have done, the imputation of express malice, I desire next to call your attention to those circumstances which must disclose the real char-