Bemis Report of the Webster Trial, 1850 [1897], Image No: 215   Enlarge and print image (71K)           << PREVIOUS  NEXT >>
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Bemis Report of the Webster Trial, 1850 [1897], Image No: 215   Enlarge and print image (71K)           << PREVIOUS  NEXT >>
TRIAL OF JOHN W. WEBSTER. 215 ist's laboratory is crowded with every variety and species of article used by manufacturers. They try experiments upon everything. It might have perhaps been thought worth while to attempt to show why the tan was in this instance carried there by Sawin, did it not abundantly appear from the Government's own evidence, that it had nothing to do with the homicide, the remains, or the issue before you. We were threatened again, at another time, with danger from the evidence concerning certain filed keys, which were seized by the police from some drawer or shelf in the apartments of Dr. Webster; but happily we have his own sufficient explanation in relation to them. They were casually picked up in a neighboring street, and carelessly thrown by, as of some possible future use. No matter that some of them would fit the locks of his own door, or the door of the dissecting-room; for, though he had a perfect right of access to that room, there is no pretence of proof that he ever used those keys for the purpose of obtaining it. If he were on trial for house or store-breaking, the possession of these burglarious instruments might be significant; being on trial for murder, evidence of possession of deadly weapons would be far more appropriate and material. The keys might touch the case of a burglar; deadly weapons, if they were shown, might be brought to bear against the prisoner. I submit, that there is nothing here which should affect him. Mr. Littlefield ha.s testified that a sledge-hammer was left in the laboratory by masons who did repairing there more than a year ago: that he afterwards frequently saw it there, and that he saw it on the morning of the 23d of November. Since the arrest of the prisoner, dili- gent search has been made for it, and it cannot be found. It has evi- dently been carried away. Other witnesses have testified to the twine which was found tied round the bone of the thigh, which wag discovered beneath the tan in the tea-chest; and this piece of twine corresponded in appearance with that of which the fish-hook grapple was made, and with a large ball of the same article, found in the private room of the prisoner. Both these circumstances will be readily accounted for upon either of the hypotheses which are before you. If Dr. Webster com- mitted the homicide and concealed the remains, it would not be improb- able that he removed the sledge, and perhaps quite certain that he fas- tened the twine to the thigh-bone. But, if some unknown agent was there, by whom the body was brought into the College, it would be equally reasonable to impute those effects to him. He who could make the dis- position which certainly was made of the different parts of the body was under no restraint from the locks or bolts by which the several rooms were secured: he could dispose of the hammer and the twine as it suited his pleasure. Unless, therefore, the evidence of the Government excludes, to a moral certainty, the reasonable probability that some other person beside Dr. Webster mutilated and concealed the body, the circumstances relative to the twine and the hammer become insignificant and worth- less. Mr. Trenholm was called to state the conversation of Dr. Webster with him concerning a twenty-dollar bill, about which he said inquiries were made of him by Marshal Tukey, or by his directions, in the expectation or hope of tracing it to Dr. Parkman. This has been fully explained to you. It appears that an Irishman offered a. bill of that amount, at the bridge, to pay a toll of one cent; the bill was retained by the toll-keeper, upon a suspicion, not unnaturally excited, that the money wag unlaw- fully obtained,-and possibly from the person of Dr. Parkman. Inquiries were accordingly made of Dr. Webster, if he could identify it as among the bills which he paid to him; but he was unable to do it; and there, that whole matter ended. It is obviously no longer of any consequence. Mrs. Coleman has been called to relate the interview which Dr. Web- ster had with her on Friday the 30th of Novem.ber,--the day of his arrest. From her testimony it appears, that, on his return from Boston, he called at her house in Cambridgeport to inquire of her when she had