Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-04-02

saIq 10 the anonymous letters
->"iahiei - Gould called to the stand and sworri-
ann in old resident OF the cily am no, falnary acquainted
@i!n ~ nenac but have his hand writing on th
n,s up .! diplomas for the colcsefo twenty Years
a''truea 10 writin. particularly since my you hay
| on tile subject
Here Mr. Bemis the attorney said he proposed to show
" III witness that the three anonymous letters sent Ia Mar
shhi ahcy Were written by Dr. Webster Here the prison
q counsel Objected 10 this testimony He said wond be
In I'd 4 Kind OF testimony always considered weak am
uup ioe%end the doctrine laid down in Moody and Rnir
'ueice oil experts Here They do propose To ntrodc,
an expert 10 testify 10 the hand writing of Dr. Webster bu
~ c'iaFc letters which are not his hand writing with gen
uinc letters and The Inference that these letters are in
rsnea ihd writing. The learned counsel argued the poin
~ some length ~ i'
Attorney General Clifford replied rclcrroJ ~ case. i, h
| nooSs, and recent practice.
Inc Court ruled the testimony comlntcnt
Mr. i'1ns shall first show the witness letter spnec
| "Ciyis posunarked Nov 10Th.
Witness should think this TO be the handwriting o
pr Webster To say how confident an should feel en-
barassed not 10 be allowed explain considerably tho
grounds vi my opinion never set knew any one whl
cnuid max" Two letters exactly alike words alike yet
aNe ne: known two hands which could not isl apart
hrrc are ia" ways To feiena hand is Ia lei hand
loose in iionrlshn" way the other by careful attention
10 each letter IN avoid prculiarics Ii is next la inos,ble
| siderable length.
find in this letter that the letter and the letter r. which
DR. Webster makes in peculiar manner are made different
W Also that the character \ is written instead of the word
da Some other letters which he makes peculiarly agree
WIN MS particularly Inc capital The large il made The
same way and the capital is similar The witness went in
regular lecture on chrogaphy Wines described many
sinaics, and said in my opinion have no doubt tlat
this letter written by Dr. Webster Another It,sr nos,
marked Boston November 26th and directed 10 Fran lis
lukey, was put in witness hands; il signed Dart
| The following is copy of the letter referred lo
iom VIII ma Dr farHlan murdered on Brooklyn Hghts.
"luy yours, CAPTAIN OF Tuy DArq'n
This letter is in very different hand AT first il seems the
''" D o. y - poy 10Y u1 o eEaina'Ion we see capitals "hich
y uf /
reason 10 doubt H. Witness then proceeded with d!c,
ton and cxanincd the East Cambridge letter posiIarked
November 5uti which WAS brought Mr. luA,, Nv inc
Postmaster have doubt this letter WIS written Nv the
same hand a the other letters ni there striking si
laiity in the letter T. which il scarcely turned ~ a, the
END II word The word Boston all three are alike am 10.
s!tiye II mol written with ran nor was il, in nv i,,
men with brush. Ii was written wth any hing sou,
Witness explained the peculiar effect Of pens and brushes in
given by the counsel
The prisoners counsel here objected to these questions
The Attorney General remarked that lie proposed show
that an instrument found in The prisoners private rnua
Jnd produce Just such document and that 40 other
would
The Court ruled The evidence entirely ina.lmissaLe
The 9low!ngis copy Of The letter from East Cambridge
said 10 he written with S.icl.:
DIR raGknan took board The ship hcrcmlc,n and
this Is all dure say sa b. kod-Eas. Cainbr,l.e
-onc .; the give his watch Lu was feared To kr,,
y ' Tossed II III the wafer right side the long bridge
Boston"
Nncs4 testified that the words paii p., written ncross
,! long hundred dollar note in tne prisoners hand
writing; also the pencil marks the hotto Of the twenty
i1ar and i.tytw" dollar notes. also the memorandum
Tie bottom Of the account signed g. c. and the supesrr
ten on The SAME he had doubt were in the prisoner
Eand writing The marks the face .. the note were
certainly not made with pen. Witness underwent a
lengthy examination, but did materially vary
Mn. SonERs OrESiSG DEFENCE.
lie said he should coninc himself The merits of the
case lnstead Of The customary manner in such case
dwelling or tho mighty interests the prisoner had stake
lie asked The jury diyrs their minds of all prejudice and
referred the excitement attending disappearance Dr.
ikman which Al one time threatened spread itself
into violence the innocent Medical College Itself an
excitement ccdtable the community but dangerous
10 the defendant
The law implies malice in homicide when the killing is
deliberate ce act whou; sufficient provocaon in sud
den combat or heat o. blood. Here line with
death side and life the other though il may bc N
circumstances OF suffering and privation We left
Ia inquire what ~ Sncleni pr0yocaOn 10 reduce homicide
10 anslagher In deciding this The law has great regard
would be sufficient proyocation for kllns 4
would not answer for broad iron bar The dead
y instruments argue intention kill The law therefore
makes distinction in regard the provocaon between
weapons which dangerous and those which not;
This leads 10 the first nquiryNh is n reasonable PROV
ocaun for homicide with daneclou. weapon ounsii-
tule il nansaughter Referring to the last find The aw
Ibid down that any assault of great ndgnity upon the per-
son. such pulling his nose is held sufficient proyoca-
ton 10 make homicide with deadly weapons mansaghcr.
He referred TO Il particular case by way of illustration
Two soldiers were drinking together in room when dis
putc and wounded the other and finally turned
him of DOORS which lie had undoubted right do,
| heart This was held TO be manslaughtcr.
AZ TO homicide committed with instrument not like
" produce DEATH it is hcd(I refer the autlori-
tvl that abusive and reproachln words be sufficient
Homicide may also be manslaugiter when committed III
sudden combat When persons get into quarrel on
equal terms matter which strikes FIRST the law supposcs
heat and passion instead OF malice and the killing OF either
il ii takes place by deadly weapon, is mansauohcr.
Professor Webster stands charged then, virtually, with
murder and lansaughcr. lie is charged with the killing;
if lie did H. with malice atorcthonshi as deliberate, cruel
act, il murderf with sufficient proyocation III sudden
combat and heat Of blood il ausaughtcr. But gen
cnen this is II provucaiun which the law wisely throws
around the safety OF M Ii Is Of of consequence
how many crimes may have committed, il he has not
committed precisely that for which he is TO BE- tried ii the
government fails prove that he stands charged w there
is end OF the case. Nor Is o any consequence tile
has committed crime he stands charged WITH il he has
committed in the manner and form As set forth in The
indictment; the government is bound in the law state
only what The crime is but what is the of il.
Their statement must be not only su5san.tcd but even
formal The accused has right 10 know what he is 10
plead that he may prepare his defence. ANY mistake or
wandering III the statement is fatal 10 the prosecution
This is eshcd which law throws around u.s. and with
ont which there would be safety for us our lives
In lands there be other criminal laws with more
or less beneficial results but this is the law under which
have lived peace and Guetness and the defendant and
every accused Of this great crine has right TO the be-
nctit Of il.
now ask your attention, gentlemen, 10 the Indictment.
! Ii consists of four counts.
The Government allowed prove either of the counts in
its Indictment and il they be properly drawn proving either
o them sufficient establish the guilt of the defendant
call the attention of the jury first 10 the rules of law de-
inng the offence charged against The defendant Second
To the rules OF law in regard 10 the mode of bringing the
charge in the indictments and third the rules of law ir
regard the proof of facts. He then into expos
ton of various kinds of murder Mr. Sohicr closed his
marks at o'clock p NJ, occupying two hours and quar-
| ter.
Photographed for The Baltimore American.
BosToS, TAuRsDAy, MARCH %.
On The opening of the Court this morning, the testimony
the part of the prisoner continued. large number
of distinguished gentlemen the friends of Professor Webster
present-among them noticed President Sparks o
Harvard University. They all testified 10 tho good charac
ter of the prisoner Among the testimony given to-day wa:
that OF the young daughters of Professor Wcbste whlcf
excited much attention and interest. These young ladie:
are one apparently about 6 and the other lSthey behave
with exceeding forudc and propreiy in their trying sa
ionthey spoke in low tut remarkably distinct voice,
apparently with an intelligence and conscientious regard Il
cx1rtncss Their dcicacy and shrinking timdity were suit
iceny manifest every to admire the strength
mind with which they their painful feelings
controlled emotions that were evidently kecny alive 10 th
situation of beloved father. We did not sit tina
| fathers face during the examination.
| Tclegraphcd for the Baltimore Sun.
BosroS Ninth DAY, THURSDAY, MARCH 20.
On the opening of the this morning, the testimony
on the part OF the prisoner was continued
/ Charles s. Eaton, swornl had occasion to work for DR.
Webster; when wen, 10 the COLLEGE always found him il
his private room he told whenever wanted TO see hin
10 come into the private room through the dissecting room
entry; have frequently been there when his door was bolt
ed have been ore wien the antor could not get admit
| tunce; the last time was there November 18th.
n