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73
the Medial College, and there view him. in order to get possession of two
Webster which he owed to Dr. Parkman
and that he got possession of them. Dr. Parkman had loaned to Professor
Webster $400 in 1841. In 1846 several
parties contributed to~ another loan to relieve him, to the amount of two
thousand four hundred and thirty dollars
to Dr. Parkman this contributed five hundred, and the three hundred and
thirty-two dollars on the old note; and
other parties the balance. Dr. Parkman held the large notes and the
mortgage on personal property. for its secu-
rity,'for the benefit of himself and the other parties, and also the old
note, which was to be given up whenever his
aharewaspaid. It appearathatthedefendantwas in possession of both notes,
and the Government contends tfiat lie
never paid either; that be invited Dr. Parkman to his lecture-room and slew
him, to „et possession of these notes.
If this be proved, it is express malice. The other theory is that of the
defence that being together, the one to pay
and the other to receive money. they quarrelled, and Dr. Webster killed Dr.
Parkmau in sudden heat, and then
concealed him to avoid detection. If this be proved, it may be
manslaughter. If Dr. Webster did entice Dr.
Parkman to the Medical College to get possession of the notes, we can see
no difference between it and murder.
The Government, to strengthen Its theory, brings proof that he could not
have had money to pay either of the
notes; and he has never pretended that he had money to take up the larger
one of them. You will judge one very
significant faot:ie,.that the $90 which was that morning paid to him by Mr.
Pette-a cheek on the Freeman's Bank
-was not apart of the money paid, but was on that afternoon or the next
day. deposited in the Charles River
Bank. to his credit He also told Mr. Pette that morning that he had settled
with Du. Parkman. although Dr. P.
had not yet called on him. You must judge how far these circumstances go to
prove intention to get hold of
the notes as a motive of the homicide; and if that was the motive. it is a
vary strong case of murder by express ma-
lice. If. in tike hypothesis of the defence, the concealment of the remains
was made by another hand, it was
of no interest to Dr. Webster, and is reluctance towards the search is to
be accounted for, as
well as the fact that he did not himself ipake the discovery which lay
directly in his way. Any
concealment of evidence going to implicate him, to which a party under
suspicion resorts, must go, as far as it go"
at all. against him. He has mentioned, that the package to which he
referred in his letter to his daughter, was one
of nitric acid, and not those notes which have been brought as evidence to
prove the intention of the homi-
cide. If so, as far as that goes, it goes to obliterate the effect of
attempted concealment of evidence. But it does
not at all ffect the case or the bearing of these note.. when found, or the
animus or intention of the act. The
circumstances of the twine used, and many others which it is needless to
mention. go to show, that whoever did
any part in the concealment of these remains., did the whole. We think it
of much consequence that he waived
an examination in the police court. As to the anon3•mous letters. you must
judge of their bearing, if proved.
But we must remark, that we consider the proof of them exceedingly slight.
Character may be of consequence in
a minor case, as of larceny; but when a prisoner is charged with a crime so
atrocious, all sink to the same level,
and we must rest on the proof of the facts; yet in such a case the prisoner
has a right to put in his character,
and the testimony is competent evidence. Niany other things press upon my
mind, but the time reminds me I
ought to close. You have been selected by lot, mostly concerned in the
active business of life, so as to secure
the greatest impartiality. Take sufficient time to deliberate upon your
verdict. Use your good judgment and
sound conscience, and we are assured the verdict will be a true one.
The Verdict--G U I L T Y !
It twenty minutes before eleven o'clock this evening, there was a movement
at the door of
the Supreme Court Room, and presently a number of gentlemen came in, and
among them, the
counsel for the prisoner, Charles Sumner, Chas. T. Jackson, Judge Bigelow,
N. J. Bowditch, and
a number of members of the Bar, Policemen and Clergymen. The galleries
being crowded.
to excess. Soon it was whispered about that the Jury had agreed on a
verdict. In about
five minutes after, Prof. J. W. Webster came in, in charge of Constable
Edward J. Jones, and
took his seat in the dock. His appearance was unchanged, except serious
dejectedness which
'ras apparent in the contraction of the muscles about the mouth.
The Court came in in five minutes after, and were announced by High Sheriff
Eveleth. The
Clerk Of the Court, Mr. Willard, then said, addressing the Jury, « Mr.
Foreman, have you
agreed upon your verdict?" Mr. Byran, foreman of the Jury, bowed assent.
The Clerk-
, .John W. Webster, hold up your right hand." The prisoner rose, and looked
steadily and in-
tently upon the foreman of the Jury. The Clerk-°° Mr. Foreman, look upon
the prisoner;
prisoner, look upon the Jury."
Professor W ebster still maintained his fixed and Intense look upon the
foreman of the Jury.
The Clerk continued, " What do you say, Mr. Foreman-is the prisoner at the
bar Guilty. or
not Guilty ?" « Guilty!" was the solemn response.
Thailand of the prisoner, which had hitherto been held erect, fell to the
bar in front of hilw
with a dead sound, as if he had lost all muscular action, and his head
dropped upon his breast.
He soon sat down, his limbs seeming to give evidence of failing. He put his
hands up to his
face, and he was observed to rub his eyes with his fingers under his
spectacles.
He then closed his eye-lids, and bowed his head down towtlrds the Court.
Mr. Byran, the fore-
man of the jury, at the same time held his hand up before his eyes, as if
overcome by the pain-
ful duty he had performed. An awful and unbroken silence ensued, in which
the court, tile
jury, and spectators, seemed to be absorbed in their own reflections.
The appearance of the prisoner at this time was painful to contemplate; his
eyes were close
and a deep sigh denoted the load of inexpressible anguish on his soul, and
the crushing bl,:
thgt had fallen upon him.
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