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thirty-eight tickets were for notes, third course and free, and seven I
have on hand; the total number of students on my list, for all the
courses, was 107. In three instances tickets to Dr. Webster's course
have been disposed of without my receiving the money. At the first
division, on the 9th Nov., of the funds, which I made among the Pro-
fessors, of the proceeds of the lectures, there was due Prof. Webster
8510. I had in my hand a note signed by Prof. Webster, and
payable to Dr. Bigelow, of 8225.89. That note was dated April 1,
1849. Interest, 88.21. Total amount, 8234.10. This sum I took
out of the amount due Prof. Webster, and gave him a check for the
balance, 8275.90. The next division of funds was about the 14th
of November. I credited him with thirteen tickets sold, amounting to
8195, that I paid him not far from the middle of November, by a
check cashed at the New England Bank.
The next payment was on the 16th-two tickets, 830-and was
; id on the 20th to Mr. Littlefield, who had an order for it from Dr.
ai
ebster. The order read, '° Please deliver to bearer whatever tickets
or balance of cash you may have on hand." On the 23d, for six
tickets, I gave him a check for 890. I have still some of his funds
on hand. I was first acquainted with Dr. Parkman,- that is, to know
that it was he,- on the 12th of Nov. He carne into my place of busi-
ness, and inquired of me whether I collected the funds of the Medical
College.
Mr. Sohier.
Mr. Bemis
versation. W
I shall object to this conversation with Dr. Parkman.
(addressing the Court.) We do not ask it as a con-
ask asle it as a fact, to ascertain whether or no Dr. Park-
man made the inquiry of him if he had funds belonging to Dr.
Webster.
Chief Justice Shaw. That is admissible.
Mr. Bemis. State whether he ever made such an inquiry.
Mr. Pcttee. He did make that inquiry of me. And I stated to
him that I had no funds then in my hands.
Judge Merrick. We object to this.
Mr. Bemis (aside to Mr. Clifford.) Why not make an attempt
to get in this entire conversation now?
Mr. Clifford. It will appear, may it please your Honor, in the
course of Mr. Pettee's testimony, that certain conversations were had
between him and Dr. Parkman, with respect to the state of Dr. Web-
ster's funds ; and that subsequently this conversation was communi-
cated by Mr. Pettee to Dr. Webster. And I suppose that all his
conversations with Dr. to were communicated to Dr. Webster;
we certainly intend to prove that this one was.
Judge Merrick. We do not object, if you intend to prove that.
Mr. Pettee. I told Dr. Parkman I had paid Dr. Webster all I had,
only a few days before. He made some few remarks, and left the
bank. In a short time, he returned and took a dividend belonging to
his wife. When I paid the dividend, I inquired if Prof. Webster owed
him; when he replied that I could judge by his inquiries. On the
14th, Dr. Parkman called again, and again inquired if I had any
funds of Dr. Webster's in my hands. 1 replied that I had not, for I
had just paid them over to Dr. Webster. He said to me he thought
he had given me a hint to retain the funds, or something to that pur-
pose. I told him I had no control over the funds belonging to the
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