318 TRIAL OF JOHN W. WEBSTER.
your own judgments and your own enlightened conscience, and we can
. have no doubt that it will be a true one.
The Chief Justice concluded his charge very shortly before eight
o'clock; and, the jury having withdrawn to consider of their verdict, the
Court took a recess till a quarter of eleven o'clock, P. M.
At that hour the prisoner was again put to the bar, and the jury
entered to take their seats upon the panel. The Court having directed
the clerk to inquire if they had agreed upon their verdict, Mr. Wilde
addressed them as follows:-
, "Gentlemen of the Jury, have you agreed upon your verdict? Who
shall speak for you?"
Some of the jury having replied,-"The Foreman;" the clerk then
addressed the prisoner and the foreman:-
"John W. Webster! hold up your right hand!-Foreman! look upon
the prisoner!
"What say you, Mr. Foreman?-is John W. Webster, the prisoner at
the bar, guilty, or not guilty?"
Foreman.-Guilty!
Clerk.-Gentlemen of the Jury, hearken to your verdict as the Court
have recorded it! You, upon your oaths, do say, that John W. Webster,
the prisoner at the bar, is guilty: so you say, Mr. Foreman; so, Gentle-
men, you all say.
The prisoner, who upon the entrance of the jury had turned deadly
pale, but who ad stood up with a firm ~ bearing to receive the verdict
of the jury, immediately upon its announcement, grasped the rail in
front of him, and slowly sank down into his seat. Dropping his head,
he rubbed his eyes beneath his spectacles with a trembling and con-
vulsed motion as if to wipe away tears, and remained in that position
a few moments, till Mr. Merrick went up and addressed to him some
private communication. Presently the Chief Justice directed the crier
to adjourn the Court to Monday morning, and the prisoner was
remanded.
TWELFTH DAY.-Monday, April 1st.
THE SENTENCE OF THE PRISONER.
The Court having met agreeably to adjournment, and the prisoner's
counsel having signified, as was understood, that they had no wish for
delay for the purpose of urging legal grounds in arrest, of judgment,
Professor Webster was placed at the bar to receive his sentence.
The Attorney General thereupon rose and moved for judgment, as
follows:-
May it please Your Honors:
The prisoner at the bar, at the January term of the Municipal Court,
in this county, was indicted by the grand jury for the crime of wilful
murder. On that indictment, according to the provisions of the law, the
prisoner was arraigned and pleaded "Not guilty." Counsel of his own
selection, capable and faithful, were assigned to him by the Court, to
assist in preparing and conducting his defence. The issue then joined
has been presented to a jury almost of his own selection. Every aid has
been rendered him by counsel, in his defence, that could be rendered;
and that jury have found him guilty of the charge. It now becomes
my most painful duty to move, that the sentence which the law of this
Commonwealth affixes to this offence should be passed upon the
prisoner,
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