The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1850-04-02
Trial or PROF j. ~ WEBSTER
FOR THE MURDER or DIR. PARKMAN
CHARGE or CHER JIJSTICE SHAW

prisoner at the bar with murder. Murder is the
highest species of homicide. The statute law only
provides that wilful murder shall be punished by
death. 1.-THE learned Chief Justice read from a
memorandum Of his on the nature of malice in
murder To escape the imputation of malice, the
prisoner must prove the provocaton the accident or
any other circumstances which goes to preclude the
malice, otherwise it is argued from the act Itself
Where there is intention to kill if there is suffi-
clent provocaton, it is mansaughter. But words are
not a sufficient proyceation.
Malice is implied from any deliberate, cruel act
against another, however sudden.
When there is blow of deadly or dangerous
weapon, with intent to do some great bodily HARM
and death ensues, malice is presumed. 1t is man
slaughter with heat of blood We see no evidence
IN this case of any provocation heat of blood
There were angry feelings, but they do not amount
to provocation heat of blood sufficient to rend
er the crime manslaughter.
In this case charge was made against an indivd-
ua OF having IN some way or other produced DEATH
No one saw it done. The evidence is altogether
crcumstantlal. Yet it may be sufficient to produce
a reasonable conviction. Crimes are secret There
is necessity of resortng to circumstantia evidence
otherwise we could not protect ourselves from crime
The Inference from the facts should be natural or
necessary one and each fact should be proved by it.
SELF Suppose in the present case that the teeth are
death. The fact is itself sufficient TO establish the
conclusion that the remains his, if no other facts
are found repugnant TO this.
The proof of concurrent circumstances has strong
tendency to strengthen the conclusion When
party has attempted to suppress proofs, the crcun-
stance acts to prove consciousness of guilt When
we apply these principles to case, certain rules are
to be applied.
First. The circumstances upon which the con-
ol,, 10, IL. l. ELL.
Second. All must connect together. No one
must be inconsistent with the act OF this nature is
an ali5i An abb means elsewhere If man is
charged with being in one place and he can prove
himself Ia another at that time, then he must escape
Third. The circumstances must not only limit the
guilt of the party, but they must be such as to ex-
ciude every other reasonable hypothesis, they must
exclude all reasonable doubt
What is reasonable doubt? 1t must be more
than probability. The facts must be such as to
mplicate the defendantand not to impcate any body
else.
We must now, gentlemen, apply these rules to the
present case. The Indictment charges John w.
Webster with the murder of Dr. George Parknan
on the 23d of November last
1t is the rule of law that the means and manners
of the crime shall be set forth so that the prisoner
may prepare for his defence
Yet ifdeath is produced iu some new mode the
law will not LET the criminal escape. 1t has general
rules which provide for new cSses The last count
sets forth that the prisoner assaulted and killed Geo
Palkman in some manner or by some weapon un-
knownt to the jury The Court is of opinion that this
Is good count. DIR Parkman may have been as
saued with chloroform ether, which supplied
and made him sensible, and then death may have
been caused by weapons to the jury unknown and
the jury were only bound to set forth all they knew
What Is necessary to be proved? First it is neces-
TO. H. u re
to exclude suicide or accident. DIR Parkman was in
good health, as appears by Mr. Shaw, on that morn
ing.
The allegation is, that he entered the Medical
College about two o'clock, and never came out of it
alive Search was made during the week rPhe
Friday, human remains were found under the Medi
cal College. The place was taken possession of by
The police. investigations We're made, and the re-
mains were declared to be those of DIR Parknan. Is
tins proved' It IS proved that he disappeared from
his home on Friday forenoon, and did not come back
to dinner, and never came back This is establish
ed.
has 1t been proved that he was seen any where
after the hour that he is said to have entered the
College? As TO the testimony of Mrs Hatch. Mr.
Thompson, Mr. Wentworth, Mr. Cleland, Mrs
Rhoades and her daughter, and Mrs Greehough |
need not comment particularly. 1t is to be com
pared with the proofo on the other side
"A 81 cat many PERSONS are found who have seen
the object of the search 1t became known on Sat
urday evening, that DIR. ParSman had disappeared.
II DIR. Parkman went to the College, at the invi-
taton of DIR. Webster and was there killed by him.
all question of implied malice is put out of thu; ques
lion, for it was done by express malice. DR.. Web
ster admits that DIR. Parkman came there. and. as
he says, he paid him money.
1t is in evidence that Webster staid there that ac-
ternoon and left there about 6 clock. In as much
as Dr. Parkman has never been seen since that time
that afternoon, if shall prove that the remains found
IN the apartments of DR.. Webster were identified
with his body, the abb, if proved is of no coase-
qUence.
We come now to the teeth. These are the prn-
clpal signs of Identification The fact that the 9th
er parts Of the body did not differ in any material re-
spect from DR.. Parkman's, proves little in itself buf
becomes very important if it is made out that the
teeth were his. II is very curious inquiry whether
by the correspondence of the teeth to the mould the
identity can be made out. DIR. Keep, when shown
these teeth, without hesitation pronounced them Dr.
Parxman's, and he has explained to you the reasons
which confirm him in that opinion You have also
heard the testimony of Dr. Noble to the same effect
Three other eminent dentists confirm Dr. Keen ~
This evidence is, undoubtedly, to be received with
care. II 10 OF the same nature of that which is m.
pled 10 FOSSIL remains, and by means of which
slnge bone is made to lead to tho discovery Of an an
IRE animal Of an extinct species. You must be the
l n N ntsnG1e -. 81