The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1850-04-02

10 some OF parties the exisance and condition
OF these remains found partly under the prvy partly
In the tea chesr and partly in the furnace must have
been known. You will judge from the evidence by
whom.
We do not think much can be argued from the
conduct OF the defendant after his arrest
10 come to the main proof of the case, there are
two theories IN regard to it. The government takes
the one which supposes that he invited DIR Parkman
to the Medical College and there slew him in order
to get possession oftwo notes which he owed to DR.
Parkman, and that he got possession of them.
DrParknan had loanedto Professor Webster$s400
IN lS42 In 1885, several parties contributed to an
other loan to relieve him, to the amount of $2432
10 this. ~ Par imam contributed $500 and 1892
due on the old note, and other parties the balance
DR. Parkman held the large note and a mortgage on
personal property for Its security for the benefit of
himself and the other parties, and also the old note
which was to be given up whenever his share was
paid 1t appears that the defendant oaS ia posses
sion Of both notes and the government contends he
never paid either, that he invited DR. Parzman to
his lecture room and slew him, to get possession of
these notes. Ii this be proved it is express malice
The other theory that ofthe defence, that being
together. the one to pay and the other to receive mo-
ney they quarrelled and DIR Webster kiledDr Park
man IN sudden heat, and then concealed him to
avoid detection. If this be proceed, it may be man
slaughter
If DR.. Webster did entice Dir. Parlman to the
Medical College toget the notes. lean see no differ
ence between it and murder for plumber. The gov
eminent, to strengthen its theory, brings proof that
he could not have had money to pay either of the
notes, and he has never pretended that he had mon
ey to take up the larger one. Of this you will Judge
One very significant fact is that the 500 which was
that morning paid to him by Mr.. Pettee in check
on the Freeman's Bank was not part of the money
paid, but was on that afternoon the next day de-
posted in the Charles River Bank to his credit. He
also told Mr. Pettee, that morning that he had set
tied with DIR. Parkman, although Dr. ParIxman had
not yet called on him. You must Judge how far
these circumstances go prove an intention to get
hold Of the notes, as motive of the homicide and
II that was the motive, it is very strong case of
murder by express malice.
If in the hypothesis ofthe defence the concealmeut
of the remains made by another hand, it was of
no interest to Dr. Webster, and his reluctance to-
wards the search is to be accounted for as well as
the fact that he did not himself make the discovery
which lay directly in his way. Any concealment Of
evidence going to lmplicate him, to which party
under suspicion resorts must go, as far as it goes at
all, against him.
The circumstances of the Irvine used and many
others which 1t IS needless to mention, go to show
that whoever did any part of the concealment ohese
remains, did the whole
Chara ;ter may be of consequence in minor case.
as OF larceny, but when prisoner is charged with
crime so atrocous, all sunk to the same level and we
must rest on the proof of the facts You have been
selected by lot from men most concerned ip the active
business OF life so as to the greatest imparti-
atty Take sufficient time to deliberate upon your
verdict use your good judgement and sound con-
science, and we are sure it will be a true one
THE VERDICT.
AT 10 minutes of IL 2. NJ, the prisoner came in
IN custody OF officer JONES' and was placed at the bar
lie locked extremely melancholy, and appeared
nervous. The Jury came in seven minutes before 1.
immediately followed by the Court. The Clerk
then arose and said-Genilemen of the Jury, have
you agreed upon verdict?
Foreman-We have
Clerk Who shall speak for you?
The Jury-Our foreman
Clerk-John w. Webster, rise and hold up your
right hand Mr.. Foreman, look upon the prisoner :;
prisoner, look upon the foreman What say you
Hr. Foreman is John w. Webster, the prisoner at
the bar, guilty or not guilty
Foreman-[ With clear and distinct voice, vet
very solemn look ]-GUILTY.
The instant the fatal word was spoken. the nr;s-
oner, In whose appearance great change had been
wrought within few hours, began to culver through
ont his whole frame He reached out his hands
embllngy to grasp the rail in front of him. as if for
support, but in vain-he tottered and sank down in
his chair, and covered his face with his hand, thus
remaining, occasionally applying his handkerchief
until the order was given by the Sheriff to remand
him to JAIL
When the word equity - was pronounced, there
was most solemn and unbroken silence throughout
the crowded Court Room-eyery one seeming almost
to hold their breath until the order was given by the
Sheriff, to remand the prisoner to jail
Before leaving the dock, Judge Merrick, bis senior
counsel, went in to him. and taking him by the hand
whispered few words, the prisoner taking part in
the conversation.
MONDAY, April, l 1850.
ut about minutes to O'Clock, Prof Webster
was brought into Court apparently CALM and collec-
ted. lie was very pale however, and his walk as he
passed up to the dock exhibited less elasticity and
less nervousness of manner thanwe have noticed on
any previous occasion. The prisoners dock was of
course the focus of all eyes, but the gaze Of the ps
oner himself was cast down
At IL past 8 O'Clock the Court came in and took
their seats upon the Bench associate Justice Fetch
er being prasentupon the occasion 1t was apparent
from the appearance of every member ofihe Bench,
that each felt and deeply felt the responsibility
which devoiyed upon the Court, in the performance
OF the last sad duty imposed upon it by the laws.
The Attorney General then rose, and with great
emotion and deep feeling remarked that the prisoner
at the bar had been indicted by the Grand Jury of
his country for the crime Of wilfu murder-that he
had been arraigned and entered his plea-that able