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present, that the said John W. Webster, of Boston aforesaid, in the
county aforesaid, in a certain building known as the Medical College,
there situate, on the 23d day of November last past, in and upon the
said George Parkman, feloniously, wilfully, anrl of his malice afore-
thought, did make an assault on him the said George Parkman, in
some way and manner, and by some means, instruments and weap-
ons, to the Jury unknown, and did then and there, feloniously, wilfully,
and of his malice aforethought, deprive of life, so that he, the said
George Parkman, then and there died; and so the Jurors aforesaid,
upon their oaths aforesaid, do say, that the said John W. Webster,
him the said George Parkman, in the manner and by the means
aforesaid, to the said Jurors unknown, then and there, feloniously,
wilfully, and of his malice aforethought, did kill and murder, against
the peace and dignity of the Commonwealth aforesaid, and contrary
to the form of the statute in such case made and provided."
The Court are of opinion, and for the purposes of this trial adopt
it, that this is a good count of the indictment; and, from the neces-
sity of the case, it is so; because circumstances may be imagined in
which the cause of death could not be introduced into an indict-
ment. Some books enumerate various modes in which death may be
inflicted -strangling, smothering, and depriving of breath; but if new
modes occur, as the use of ether, or chloroform, continued so, as to pro-
duce death, the body may be put into such a condition that no one
can determine how death was occasioned, and it may be said, °, to the
Jurors unknown." The precaution which is taken in the books, in ex.
plaining murder, shows that death produced merely by fright or griel
is not included. A person who frightens another to death is not,
strictly speaking, a murderer. Murder must be some physical force
applied to the person. This count charges an assault. That is a
technical term, well understood in law ; it is something inflicted upon
the person, and naturally excites sudden and violent resentment.
Then this count charges death, by means, instruments, and
weapons, to the Jurors unknown. Now, the rules of law pre-
scribe, that the Grand Jury will present the charge with as much
certainty as the circumstances will admit. And if there was no
evidence by which they could specify more particularly, then this
count is conformable to the law. And, therefore, if you are satisfied
that the defendant is guilty of the crime charged, this form of indict-
ment is sufficient to warrant a conviction. This is all, I believe, it
is necessary to state, with regard to the form of the indictment.
Then what is necessary to be proved ? It is necessary, in the first
place, to establish the corpus delicti, or the offence charged; that the
death was effected by violence, and that the circumstances are such
as io exclude accident or suicide.
Now, Gentlemen, what are the facts charged ? They are these
It is alleged that, on the 23d of November, in the forenoon, Dr. George
Parkman -very well known by most persons in this vicinity- was
in good spirits and health; that he walked with Mr. Shaw down
town; that he was seen, in different places, that forenoon; that
he was traced to different places, until between half past one and two
o'clock; that he was seen about to enter the Medical College ;
that, having gone in, he never came out of that College alive;
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