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324 TRIAL OF JOHN W. WEBSTER.
The Copy of Record of this Court, after setting out the Term of the
Court and the Indictment as on page 1, ante, proceeds as follows:-
"This indictment was found at the Municipal Court of the City of
Boston, begun and holden at said Boston, within and for the County of
Suffolk, on the first Monday of January, in the year of our Lord one
thousand eight hundred and fifty, and returned into said Court on the
twenty-sixth day of said January, and thence transmitted and certified
to this Court, and filed in the clerks' office on the thirtieth day of said
January, and thereupon here entered of record on the same thirtieth day
of January, during the last November Term of this Court.
And on said indictment is indorsed a certificate in the words and
figures following, to wit:--
`COMMONWEALTH OF MASSACHUSETTS.
Suffolk, ss.
I, Thomas W. Phillips, clerk of the Municipal Court of the City of
Boston, do hereby certify, that this indictment was returned into said
Court by the grand jurors of the Commonwealth of Massachusetts attend-
ing said Court, on the twenty-sixth day of January, A. D. eighteen hun-
dred and fifty.
I further certify that a true copy of this indictment, certified by the
clerk of said Municipal Court, was served upon John W. Webster, now
in custody in the common jail in the City of Boston, by the sheriff of
the County of Suffolk, on the 26th day of January, 1850. I also certify
that a certified copy of an order of said Municipal Court, notifying said
Webster that this indictment would be entered at the Supreme Judicial
Court now in session, in the City of Boston, hath been served upon said
Webster by the sheriff of the County of Suffolk. This copy was served
on said Webster upon the 26th day of January, 1850.
In testimony whereof, I have hereunto set my hand, and affixed the
seal of said Municipal Court, this twenty-ninth day of January, in the
year of our Lord eighteen hundred and fifty. i
THOMAS W. PHILLIPS,
[Seal.] Clerk of said Municipal Court.
And at said November Term of this Court, said John W. Webster
was set to the bar; and, being demanded how he would acquit himself
concerning the premises in the indictment above specified and charged
upon him, he said he was not guilty, and thereof put himself on the
country.
Pliny Merrick and Edward D. Sohier, Esquires, were assigned as
counsel for the prisoner. Thence the indictment was continued unto
the present term.
And now, on the nineteenth day of March, in the year of our Lord
eighteen hundred and fifty, in this term, on which day the Court is
halden by the Honorable Chief Justice, and Justices Wilde, Dewey, and
Metcalf, by adjournments from day to day, from the fifth day of March
aforesaid, the said John W. Webster is set to the bar to be, tried.
A jury is empanelled, viz.:
Robert J. Byram, Foreman; and Fellows, to wit,-Thomas Barrett,
John Borrowscale, James Crosby, John E. Davenport, Albert Day, Joseph
Eustis Daniel T. Fuller Benjamin H. Greene, Arnold Hayward, Fred-
erick A. Henderson, and Stephen A. Stackpole; who, being sworn to
speak the truth of and upon the premises, on their oaths do say, that the
said John W. Webster is guilty.
And now, afterwards, on the first day of April in the year of our
Lord eighteen hundred and fifty, the Court being holden by adjournment,
and the Chief Justice and Justices Wilds, Dewey, Metcalf, and Fletcher,
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