Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-10-12
Decision Of the Executive Council
IN THE CASE OF
PROF. JOHN w. WEBSTER

IN THE CASE OF
PROF. JOHN w. WEBSTER !!
CoMMUrArroN REFUSED !-FR1pAY. AUGUST
oOTH, FIXED UPON AS THE DAY OF ExEcU-
TIoN!-REPoRr OF THE CoMMIrrEEL
ADDRESS OF Gov. BRIGGs!
The Committee on Pardons, composed of
Lieutenant Governor John Reed, Chairman,
of Yarmouth; DR.. Luther " Bell, Superin-
tendent Of the McLane Asylum for the In
sane; Hon. Samuel Wood, Of Grafton; Hon.
John Tenney, Of Methuen, and Hon. Charles
M. Owen, of Stockbridge, met at 10 o'clock
this morning, and submitted their final report
in the case of John w. Webster, TO the
Governor and Council.
The Council met in their chamber, and
held the session with closed DOORS After
assembling, and being called to order, the
following Report was presented by Lieut.
Gov. Reed, Chairman of the Committee on
Pardons:
REPORT.
The Committee on Pardons, to whom was
referred the petition of John w. Webster, a
convict under sentence of Death, praying, in
the Governor and Council to extend to the
petitioner a commutation of the punishment
awarded to him; also, copy of the records
of the Court, containing the trial and SEN
tence of said Webster, and also sundry petit
tions and arguments referring to, or in sup
port of, the petition Of said Webster,-now
report,
That, by said record, it appears that said
Webster was regularly indicted for the crime
of the murder Of DR.. George Parkman, and
set to the bar of the Supreme Court at the
March Term thereof, A. d. lS5O-and there
having been enquired of how he would acquit
himself concerning the premises, for answer,
said he was not guilty, and thereof put him.
self upon the country.
Counsel was thereupon assigned for the
prisoner. On the nineteenth day Of March
following, said Webster was again set to the
bar to be tried. A jury was empanelled and
sworn, and after full hearing, on their oaths
declared that the said John w. Webster was
guilty. And thereaterwards, viz, on the
Ist day of April, in said Court, said Web
ster being placed at the bar for sentence, it
was demanded of him by said Court if he had
anything to say wherefore sentence should
not be declared upon the premises and ver-
dict aforesaid. To which said Webster no.
thing further answered.
Thereupon it was considered by the Court
that the said John w. Webster be taken to
the Jail whence he came, and thence to the
place of execution, and there be hanged by
the neck until he be dead.
Since the passing said sentence by said
Court, numerous petitions and arguments
have been presented to the Executive for the
full pardon of said Webster, founded upon
the belief and presumption that he never
committed even a homicide. Recent events,
however, relieve the Committee in a great
measure, from the consideration of all such
arguments and petitions.
On the I'd of July, A. d. 1850, the Rev.
DR.. Putnam, by appointment, appeared in
behalf of said Webster, before the Committee
on Pardons, and read confession made by
said Webster, acknowledging that he COM
mitted the homicide, and declaring the man.
ner and circumstances thereof,-and at the
same time presented said Webster's petition
for a Communication of the sentence aforesaid
The petition and confession was supported by
an able argument by DR.. Putnam.
To this confession and argument, and all
arguments and evidence supporting it, we
have given our most serious and anxious at
tention, and we have proceeded to consider
the same with hearts and minds desirous to
know the truth, and our duty, and with firm
purpose to do what both should require.
1t seems to your Committee that the sem
tence in the case Of said Webster, having
been passed by the Court, after full and
fair trial, in the course of which, all the facts
and circumstances which could then be
brought to light, were patiently and thorough
ly investigated and weighed by the jury
and having been fully affirmed, after a care
full revision Of the law upon trial, since had
by the full Court, on solemn argument of
both sides, there appears to be no ground for
Executive interpostion, except it may be
found in the subsequent confession Of the
prisoner.
In this view the only questions, as it seems
to us, are, whether the statements which said
Webster now makes in his Confession, Of the
manner and circumstances of the homicide,
are SO confirmed by other evidence, or so
intrinsically probable, that they ought to be
received as true; and If true, whether they
justify the Executive in commutatlon ofthe
punishment
To these questions, the minds of the COM
mittee have been most carefully directed,
and, as they trust, with no unwillingness on
their part to come to an affirmative conclu-
sicn, if they could do so consistently with
supreme regard to truth and justice. But af-
ter all the consideration which they have
been able to bestow upon this confession, and
under the light Of all the evidence and the
comments with which it has been accompa-
MED and supported, they feel constrained to
say, that the effect has not been such as to
satisfy their minds, that the position Of the
case is materially changed. In other words,
fha nall;.f;nu Encfa and circumsf ances set