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826 TRIAL OP' JOHN W. WEBSTER.
COMMONWEALTH OF MASSACHUSETTS.
Suffolk, ss.
I Thomas W. Phillips, clerk of the Municipal Court of the City of
Boston, do hereby certify, that the foregoing is a true copy from the
records of said Municipal Court now in my custody.
In testimony whereof, I have hereunto set my hand, and affixed the
seal of said Municipal Court; this thirtieth day of April, A. D. eighteen
hundred and fifty.
THOMAS W. PHILLIPS,
Clerk of said Municipal Court.'
- Mr. Sohier next read the following copy of the order of notice served
upon the prisoner, (the counsel for the Government denying its admissi-
bijity, but consenting to its being read de bene esse):-
MUNICIPAL COURT OF THE CITY OF BOSTON.
26th day of January, 1850.
It is ordered by the Court that the sheriff of Suffolk County notify
John W. Webster, now in custody in the common jail in the County of
Suffolk, that the indictment this day returned into said Municipal Court,
by the grand jurors of the Commonwealth of Massachusetts, in which
said Webster is charged with the murder of George Parkman, will be
transmitted to and entered in the Supreme Judicial Court, now in segsion,
in the City of Boston and County of Suffolk.
And it is further ordered, that said sheriff deliver to said Webster a
copy of said indictment, certified by the clerk of said Municipal Court;
which copy, so certified, is herewith delivered to said sheriff.
Attest: THOMAS W. PHILLIPS,
Clerk of the Municipal Court of the City of Boston.
A true copy.
Attest: JOSEPH EVELETH,
Sheriff of Suffolk County.
Mr. Sohier then proceeded to state the grounds of the application, as
follows:
As the Court has extended to this defendant the extraordinary indul-
gence of being heard by additional counsel, I will simply, and, by way
of preface merely to the argument, classify the alleged errors, and. refer
to those provisions of the statutes of the Commonwealth, from a non-
compliance with which said errors have arisen.
There are two general grounds of alleged error, on which the pris-
oner has petitioned for this writ: these are,-
First, That this Court never acquired any jurisdiction, either of the
cause or over the person of the defendant.
Second That neither the sentence pronounced, nor the judgment
rendered by this Court, was in conformity with the law of the Common-
wealth.
The particular errors assigned, which come under the first head,
are,-
1. It does not appear from anything before the Court or from any
record in existence, that the Municipal Court ever adjudicated that the
indictment in this case should be entered in the Supreme Judicial
Court.
2. If it does not appear by the record that the Municipal Court did
adjudicate and determine that the indictment should be entered in the
Supreme Judicial Court, yet the Municipal Court did not, by'its adjudica-
tion, fix the day on which the entry should be made.
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