The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-30

judge The spt has brought three Of our hest
dsssi.ts ys9 pis:.s' Who testify that they think
stances. This 10 all the evidence aud hold thu. IL
Il very far from excluding all reasonable doubt
Ing t TO have been Dr. Psrkman wnioh indiosss that
the death wss produced BY violence The government
produces pieos Of slui with fracture ana ragged
p~rforatons IN the side, as proofs Of violent death
In rsssrd 70 the pises Of SKULL DR. wyman Is Of opiu-
Ion that It have been produced by violence before
death because tho fracture not such t could
been In perfectly csicined bone He thinks it must
have been broken before cAcinatop and itamay have
been broken before death aud that fracture may hss
been the osuts Of death But Dr. Holmes is called 20
the stand and he has made experiments tho frao.
turs Of cslonsd bones srd those partly eslsnsd snd
he tnds that the fracture Of bone partially csicnsd
docs net differ frsm what is observed in this bsns
The Attorney General sshs him, II he doss defer
subject Of anatomy and osteology his peculiar theories
and be very properly rays that while he ohssruly
branch to vhieh b. is devoted he dsssrs TO 90 m.s.
opinion In regard 70 physical facts which he himself
observed so Tar as the medical testimony goes this
point ths witnesses dissgre and ou are left OF course
TO reasonable doubt As tn the outin the side It
examined by three medical ssisd In
surgery, who have reported upon without csacuding
that made with sharp Mt before oessh
Dr Strong, It IL true. testinss that he regards
clean cnt but the balance OF the testimony leave
the medical verdict rather In favor OF some
operating after death; sLd vs are left II profound
doubt from observation Of the remains, the
to bis death There are ten thousand causes which
rsy terminate human life, and Ia Aay Of thss- the
ibo1toua IN question msy NAVE been oeepatc he'd 6us
the goverpmsDtss my learned associate bss informed
syou in his openpgts bound TO show that this nomi
eide took place BY the agency Of third and tina
that person the defendant. Here tine government
briuss Of evidence which is entirely circnstsa
tiai. and which cannot warrant you ia touching
drop sf the hearts blood OF this defendant Lord dale
lsd It that Of oircuustAntAI syiden.
ssond induce jury TO convict uDists the body Va,
prodoo.d We nsy reasonably doubt wh-tnsr this vas
the body Of Dt. rsrkmAD, and II Nc grant IL 10 be-,
that there infinite variety Of ways in whicA i
psy have TO its death without the ssspcy
concealed him ior . ~hls in some other place may
have gone In tbs sril hour of midnight and, getting
of the pubic e1ci.rmept about Dr Psrkmsn, 60 plAes
the remains where they would be sopposed TO be his IL
really they were not his We do not ssy vas so bat
aud rquares well With the evidence spd the probsbi
ties, ss that the government has assumed We shall
contend that, II you md THE TO be the body OF DR.
Parkn sD and ths def, pdAat the agent by vhIsh hs
came 20 his death the orine not murder kiiiiEg
wib dslibers,s purpose anu malice bat kiiog vito
pfovocatiop and passion. This, know, 10 not the
ground the defendant takes; he denies the kilios 81
tog-thsr but as bis legal guardians We have not fs.s
We have thought ought to provide for the supposi
ton that the kng might have taken place In sudden
government have prodpcsd what they would have US
regard ss the evidence OF the deliberate plan They
the defendant seduced the deceased to the Medical
College ON the pretenoe that be vas going 70 pay him
money, and then slew him They say he did not pay,
b-csuse b. bad not the mesps u pay snd this tn-y
undertake Go prove by MIR Pstee the collector the
ticket mono hey show bov thstsl The money psa
him was dego d in the Charles River Bank aaa tpsy
account for that Of that money none, nos
enough, rsmsr 70 pay DR.. Parkmsn. Vel gentle
men, have mined III. sridspse. end coposds It
Was so DR. bstsr was In debt, And DR. Psrknss ~as
received, for his family sxpepsss still, We srs not
without some grounds to show that he paid this
BY sssips 70 paa. special rDfS .ors to % meet ct Si%
he knew Dr Psrkmsn vas insxorsbls, and the day 81
which be must settle or be exposed to infsy soa loss
Of position In society, vss swifty spproSsLipg It
rust be met He prepared himself 10 meet 1t By
sxtraoI dinary effort hs collected fifty dollars hsrs
does DR. web,t-r show where found this mcusyi
DIR. " ebstsr was never . nsn ~homsoaxed his bust
GUS him sttsnpt 70 prove that be got tbs asa
mite cum here ard thst there We may remember that
there Was one tun OF forty dollars rsosivsa Of Mr..
sm,unt, In New England bank notes, having beeo
paid 10 DR. Psrkman, as DR.. Webster r.is,esi The
fsets that Dr. Webster fp poseeeeon OF the notes
and that be went TO rec that the mortgage cen.
ceied, o. DR. PArkman had promised. sbos ss far -
fsif.r lypoth,sis thao that Of . cold d.lib.rste
Hnrdsf' IT, ssnt'smsn Of The jury, Dr. rsrknso did
Ole under the bands CT Or Webster human eye but
bic ssv n, sDd 40 human voc- bat bis testify 70
ycu the n ef "a. The eircuus tsnces must be
isrrsa from those that We ksow 1hs crime, .e con.
tend 10 redrced by these circumstances to thai q
msbtsuehtsr We see the relstion Of the parties Dr.
Psrkmsn accused Dr. Webster or having csirsuded
lin We zee, from Mr.. Pettee hoe he felt towards
him. We zee, from MT shaw, th.rs ~ss VIA, seemed
cold calculating pressure the part OF the creditor
s,S,sp ss, r 11 Of zoe
what human nature is and what the position ~
the parties that when they came toseih.r they
fell than TO suppo,e oold calculating murder,
hais ioreisn TO TIE shAIpVsr " the party We mey
suppose that tho fret act after sac1 isA h"~ sluia
,ss relation I % Of i The parties are not to 20 Into %.
subsequent copduot to qualify the character Of the
act. The temptation nsJ have come from hs poverty
and his sDy after the rssb deed 10 conceal IL Bsv
ing taken fsse step be nust necessarily have ssen
smother. He nsy have thus been induced TO do vhs.
- IT, fA.ss
anonymous letters come pou 70 ths duty OF govern
mspt. In irs svsrneDts, tn. indctment In tts nrrt
sesn, ensrs.s Tat. s,n esr'..o r snls y.on rso
With stfohs by hsmn.r on the hs.d
ens Of these b. proved it is sefnei.nt But
suppofe that rsithsr Of these is proved The third
count also, teis forth . manner OF d-sth vhich Is
not proved. Tbe fourth count eharzes mAnb-r that
su,horss 70 the court Of the value Of ~hioh th.y s
instruct you that tins count T. Defective The govern
mspt 10 ailo~ed 10 set forth the mesos In - many
words, and s many counts. as plteses bot 70 ..
hound t. state the Of death that tb. defendant
nsy tro~ how to prepare himself fr trial, onsr-iss
nara.r.c % c.srs. F.rsnsn wa Va. tSi. a..,h psodae.d
by knife OF hsumerl is there proof of this osyoud
e. tirs. am ..if down sh. ,se.f Wa, mot liquid pci-
have been furced down bis throsi We are b-fe
"a. breed s.d OF eonsstsre TIE Astornsy o.nsrsl
coss en- the fourth soupt TOR be thought, ~ sush .
ecunt vss not sustain cd " vss r-rroseh TO the las.
Ne matter for that the question not vhs, the Law
ougLt TO be- but What 10 The lev nay mean 10
round With certain shields, which -iN soms-
tines leave suil, ins.sensd- 10 soaait : f-ion.
q tb- is~, than achieved IN The grcaps
and dying sgonies OF Q guilty wretch Ihe so
,er1meIt eontsnds that DR. farkmzn entered the
Medical College st . little before tvo O'Clock and
tbst he came out. The defsndsot sd"its that
Dr Parknan did enter the college at half past one
ooloek, and that be did out Dr. webster after
that night Of sgosy the nrst Of Decenbsr said In
pie and expressive language d. not think tsose
the rename Of Dr. rarkmsp; but ~nosssosver they
are, hov thsy came there GIN sure do not know l
propose the bearing 81 the evdspcs Ia thsss
tvo ststsmsnts. The government ssppo-es that Dr
" sbetsr, during the whole time from November 23i,
bad charge Of the body Of DR. fsrknsB. nov tsse W
(bsesrse nay be scbs now ~ -sii - st sny other
stsge o the prucsednss the thre. letters
sorfy that TIE gOverpmeot put 10 these letters ~
late period that have not been able 20 paJ the
attention to them that could ~ish. they are made
rect en- the testimony OF experts One of these az
refts Nh Gould d~.is upon hi. great tkih 10 cbito
graphy. lie makes oil tbs letters ths york Of De-
M-bster. Nr Smith sustsins htm only a. TO one Of
thsn--tte ~Cuis" letter. | am no expert and %
net propose " occupy much q Jour time on ihsse et-
49, -. .s.t