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Chief Justice Shaw (reads.) °, Mr. Waterman said that he
woubi solder it, and the Doctor said it would be done at Cambridge!
Mr. Cliford. The Jury may judge of it.
Judge i'Vlerrick. That is what I am asking them, with all my
heart, to do. With respect to the tan, it seemed at one time mo-
mentous. Dr. Webster sent in, at one time, a bag of tan, from his
house. A part of these remains were, found imbedded in the tan.
Here were these remains on Friday, and the tan was sent in on
Monday. Dr. Webster is able to prove that the tan was there on
the morning after his arrest. The bag of tan was seen on Tuesday
morning by Mr. Kingsley. But it existed untouched on Friday
morning.
There is no proof that there ever was seen any other bag. It does
not appear that the tan was ever used, or touched. Still, here, as in
the other case, I suppose that the Government ask you to make some
inference from it. The truth is, the tan was there for a purpose
which Dr. Webster could explain. If you go into the laboratory, and
see all the contrivances, you would hardly be surprised that anything
which mechanics use should, in larger or less quantities, be found in
a chemist's laboratory.
I did not know, Gentlemen, at one time, but that we should be in
danger from another matter, of which evidence is in the case - that
bunch of keys which was found after Dr. Webster's arrest. I did
not know but that they were to be brought in, in some way, to the
connecting Dr. Webster with this awful crime. But all that we
have upon this subject is the explanation of Dr. Webster. He says
he found those keys, and thought they might be useful. The keys
were separate and distinct; and it turns out that a portion of them
will apply to the dissecting-room, and to two doors in his own room.
He had a right to go to the dissecting-room, and to his own room ;
and, therefore, the keys are nothing. If he were on trial for burglary,
they might be proper evidence. Being on a trial for murder, deadly
weapons would be proper. The keys touch the burglar; the
deadly weapons touch Dr. Webster. I submit that there is nothing
which affects, or which ought to affect, this case, in the slightest
degree.
Mr. Littlefield has testified, in relatibn to a sledge-hammer, which
was there at the time when it is supposed this crime was committed,
that he has searched diligently for it since - and it is gone.
Another witness has testified in relation to twine. There was
twine found tied around the bone of the thigh that was inserted in
the thorax, which was buried in the tan. This twine corresponds
with twine which was found in the private room of Dr. Webster, and
that which was on the fish-hooks which were purchased. Now, if
Dr. Webster committed this offence, he mi;-ht, or he might not, have
used that twine. .If he made that grapple, and it could be proved
that while he was doing it on one side, he was tying the thigh with
the other, it might convict him. But take our hypothesis, and it ex-
plains it. 1° How these things came there, I don't know."
The Government's case does not exclude the idea that all these
might. have been placed there by another agent. If another man
carne there and did any of these things- that is enough. If another
man came there and brought these remains, that man could dispose
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