Bemis Report of the Webster Trial, 1850 [1897], Image No: 259   Enlarge and print image (69K)           << PREVIOUS  NEXT >>
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Bemis Report of the Webster Trial, 1850 [1897], Image No: 259   Enlarge and print image (69K)           << PREVIOUS  NEXT >>
TRIAL OF JOHN W. WEBSTER. 259 gence and its humanity, that such a man as Dr. Webster could remain, not under suspicion only, but under an accusation like this, for four months together, and no hope-giving trace or indication of his innocence be discovered? Why, Gentlemen, what interests have been involved in making his innocence to appear, if that were a possible thing? What anxiety and solicitude have been felt on that score by all the friends of good order and of education, as well as by the friends of that beloved University,-the cherished child of our Pilgrim Fathers? If one of the officers of that University were charged with crime, he would have had, (until proof of his guilt compelled conviction,)-as this prisoner has had, -not only the sympathy, but the repelling disbelief of the accusation of every man in the community. Do you suppose that suspicion cast upon such a man could ripen into accusation, and that accusation into an indictment, and that indictment into trial, in a community like this, and the world would sit down quietly and let it all go on, if he were innocent? But it is further urged by the counsel, that, before suspicion had begun to be aroused, even as early as the Friday night of Dr. Parkman's dis- appearance, the person who carried the remains there entered into that building in some incomprehensible way, and hence the door was found unbolted in the morning. You remember how impressively the counsel alluded to that unknown person, who might thus and then have effected his entrance into the building. This, of course, is utterly subversive of the other theory, if it has any foundation in the proof. But I think there is another suggestion worthy of your attention. On that Friday night, after one o'clock in the morning, and up to one o'clock of the next day, who testifies of the whereabout of Dr. Webster? Who, beside him, had a key to that door, if we except Dr. Leigh? The facility with which Dr. Webster flitted between the Medical College and Cambridge has been made apparent to you by the testimony of his own witnesses. I think, too, that the unbolted door had some connection with these remains; but not that it bears upon any other person than the prisoner. I cannot imagine that there was some murderer outside who carried these remains there, "because suspicion had begun to breathe upon Dr. Webster." That would imply that this body had been put there at a very late period in the week. But in point of fact, Gentlemen, until these remains were found on the premises, and until that startling discovery was communicated to the police, there was no evidence of a general suspicion against the pris- oner;-none whatever, until Friday, the day of his arrest. There is no doubt, that, with regard to the College, public sentiment had been decided before that date. But let me say, that the public are not prompt to enter- tain an unfounded charge of a great crime against a man who is set so far beyond the reach of suspicion as to make it require proof upon proof to connect him with the transaction. But what foundation is there for any such theory as this? There has appeared nothing yet-nothing whatever-to point to or implicate any such third person. And upon what are you to try this cause, Gentlemen? "Hearken to your Evidence," was the admonition with which you commenced your patient and pro- tracted labors in this trial; and you are to go by nothing more. I shall consider how much has been added to it by the defence, by-and-by. Four months have now elapsed, and neither tune, place, mode of death, nor any other circumstance, has directed attention to any third person; nobody else is suspected. It is idle, it is absurd, to suppose, in a state of evidence like this, that any one else committed the act which all the proof tends to fix upon this prisoner. • There is a further suggestion,-and I will answer it now,-that the remains were carried to the Medical College with a view to get the reward. Did ever a reasonable man listen to, or did ever wise men, who were uttering their own convictions-