The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-24
rhe Case OF Professor Webster.
STATEMENT OF THE DISSENTING COUNCILMAN.
From the Boston Atlas, July p

From the Boston Atlas July 22l
RoxBrRY, July 20, 1850
GErr-since the decision Of the Executive In the
ease of Professor Webster has been made public, ana
" IL known that stood alone in opposition to IT.
have been repeatedly asked Tor the reasons OF my as
sent had written the enclosed paper for the par-
pose ndisated therein but not psrceiving any Aa'sn
G nas TO ,h yoa viii publish
1t, all who feel interested will md the reasons when
Influenced my Judgment 80 far ~ sasy saa bs.as.
pressed In brief terms and you wiil saws me-
from the frequent repetition OF them ,rx. -
must add that never saw Professor webster, OF
any of his family to my knowledge; and therefore,
have no more sym patty for him or them than l
should have for others in like circamstanses
sin mar case could have made out for Pearson
should have been qute strongly In favor Of comns
ting his punishment. To those VINO osnevs oeyonu
msditsted the murder Of DR.. Parkmsn my reasons,
Of course are Of no importance Those who believe
other and those whe have grave doubts a. to the
truth in the case, viii, perhaps ma some Vaiue In
'h'm' By COPELAND.
The undersigned, dissenting from the conclusion
rived at by the committee pardons in the case OF
John W. Webster and perceiving that he stands asne
this board In his opinion, asks leave TO submit In
writing as briefly possible the reasons Of his dis
and requests that they may be placed on e for
In examining the case Of said Webster it was pre-
scented to the court and jury, the undersigned Was
with the insuciency Of evidence to prove pre-
meditation and malice, well Is the absence OF any
adequate motive from which those al-importsnt ele
ments in the crime Of wu urder could be fairly in
ferred 1t did reasonable to him that man
occupying the position Of Prof Websterin possession
of considerable amount Of property-in receipt OF
riss everything valuable. life included-sher for the
purpose Of revenging himself upon an importunate
creditor or Of releasing himself from PAitry debt Of
all sense to all regard for his reputation
and life, to ell far the welfare and happiness OF
made sssignstion for the purpose OF deliberately
commit ting murder at day and In his own ONCE,
msment Aud aside from all this 1t seemed still more
unreasonable that man OF his great chemical knowl-
edge knowing as he did the means whereby Soay
preme aitsteA such crime without using MS knowi-
edge and providing the means which would have Ia
syitably baisd scrutiny, and secured his safety On
the other hand did appear to him reasonable, con-
siderng the of the parties the known rough
irritable temper Of Prof webster, that interview
sought by the latter for the purpose Of endsavong to
might have ended in quarrel violent blow and sud,
The sdersiened is aware that the subseq CON-
duct OF Prot Webster his mode of disposing OF the
body his eonceament Of the transaction and all the
suberuge evssons and fasehoods he has resorted to-
give the darker aspect, and predispose many
hsnest minds to harsh judgment but he believes
that the crime charged upon him, for which alone he
these ooncomitants which may be looked upon the
results of his first departure from the path OF
q. % s s
In . situation Of imminent peril by rash act Of his
and deprived at the same time Of that high moral
courage necessary to guide one In such situation
Alright. These may form element in considering to
what extent punishment should be abated but should
have weight in estimstng tbs true nature Of the
original crime which they followed
The eonfe ssion OF Prof Webster the undersigned be-
leves be because is consistent statement
By itself because 1t Is consistent with the evidence
produced the jury; and because 1t Is consistent with
Sssre hs. Il would not have Seen divassd nor made
the base Of action in this bad 1t not been for IN
accidental remark OF his own which reached the ear
Of his spiritual adviser after the confession had been
made The improbsbilities in it, which have dra wn
strongly the attention Of the committee and In
duced them withhold their belief in its truth, are,
TO mind strong evidence of its truth for II Prof
Webster is the far sighted artfo man which he must
be considered IL that confession made to be used
for his own benefit, after all other hopes had failed,
these improbabies would never have appeared In it.
he would have made the watch 70 nj the case case BUT
signed than to confirm his previously formed judg-
ment, and therefore he deems further examination
But in the opinion IL the uudsrsigned there is ano
ther point which demands serious confederation Un-
der the lava laid down In this by the court
jury is bound to bring In verdict Of wiliul murder
In all Of secret homicide unless the accused can
prove himself innocent. II man is attacked in any
himself kills hts ssssant he is liable to be executed
for murder he may be able to Prove his innoee,ee
prssumes malice when the homicide 10 proved and thus
l. liable to create the crime Of wifuI murder out q,
been the aggressor not In words only bat had follow
cd them with blows and II Professor Webster had In
ssl defence killed him the result would have been the
same the ability of Webster to prove the facts and
thereby establish his innocence would have been In
now is with his life forfeited for doing act which
the Law would justify IL the truth could be made to
appear This construction o. the law seems s s
held innocent until he Is proved guilty and That It
Is better for the guilty to- escape than Tor the limo.
cent be punished In Its jealous care TO punish the
secret derer-in it's fear that he should escape
some part HE deserts for want Of sufficient evidence
Sy puts the innocent and guilty into the post.
tion-jee the life Of the former to prevent
rus. TO th- proper administration Of usticebecanse
no rule be made to bear equally upon cases which
cancsdsd the can not bat believe that in
ali Of conviction under this rule the pardoning
power fully iutined o. be not auty
there is reasonable probability that the crime was
mot prems ditatsd OF malicious
In conclusion, the undersigned Ia aware OF the ne
sesy Of great caution In interfering with the dsei-
sions and uries but to say that the cxecu-
dsnse appears which would been admitted by the
court legal and which entirely changes tue appear
ss n.s .S 81 sh remains and
eoptrsdicsed by the daily practice 81 TINS board,
which at almost every session does act on
for pardon and In many grants relief without
any sssh testimony. But the undersigned does be-
Ieys be the leading duty of the psrdoning power
rigid rulcs Of Law will permit the courts to make
mt times-snd merely ~ acts Of iustiee-to mitigate
Oneness IL Is rul. .fis- as laid down ia this
/. that no provocston With verbs only will Justify
mortal blo~,n aud IL /, dsicut to conceive how th.
amount Of provoe alton 10 oferedand words viii some
times kindls nercsr Are than blows-if mortal blow
is proved the jury must bring In verdict OF guilty
aud thus man goadcd TO frenzy By ntempcrate par
hsps malicious words whe In that moment Of freusy
strikes . blow -hch proves mortal is held ssejset 70
the same punishmenL tse cool deliberate midnight
asssssin. r. there no moral difference between sueh
cas,s, VIII Justice when the shsckles
i of legal rues--that the punishment shall be
awarded both The undersigned thinks not, and he
believes that when both punished the designs Of
justice defeated, and great wrong is done. He
believes that In the Of Pearson the committee
came DO the right conclusion s- clearer of de-
Hserate prem edtsed, midsisht assassination, never
proved; Il stands out in all its horrible features
plain astA. MONDAY In oioudless sky. there II
not q shadow about IT, not tn. slightest thing upon
which toi ang doubt The. 10 bn, adequate mott
the deep slice the cunningy devised pian 20 mmit
the murder aud epcspe punshment all clear to the
ru.snest cen ore bwpsiOu. The osre al Webster II
wholly different; hSfe there apgeets no adequate mo.
Tive NO prac xistn malice, dsliS~rate and csrcfn
pr.psrstios- choosing the hour OF midnight for I'll.