The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1850-03-29
THRILL OF PROF. J. ". WEBSTER
FOR THE MURDER OF DR.. PARKjLAN.
AFTERNOON SITTING.

1 am aware, Gentlemen oil the Jury, that II Is
usual, perhaps it may be considered as imperative.
for counsel 10 call the attention of the jury the
Importance Of the case; but cannot do it, cannot
allow my attention to wander from the subject be-
fore us must coniine myself to the cause-to the
rules of law and evidence-to the long chain of cir
cunsiantial testimony which has been introduced.
The question, gentlemen, is this, is the life of the
prisoner at the bar forfeited by the commission of
great crime: 1t devolves upon you to say whether
he leaves this Court 10 his family or to the gibbet.
! In some cases, You might with comparative
safety, but to here is destruction the prisoner
Can we then, gentlemen, stand in an antagonstic
position to each other? We are to assist each and
Is your duty to constitute yourselves the counsel of
the defendant and see that he does not suffer By
our insufficiency.
! l know You took your oaths that you had no preu-
dice against him, but you say SO now, at the
end of long weeks trial? Gentlemen there is no
safety In the impression that one is not preiudiced
unless he makes the most determined effort to Grad
lcate 1t from his mind. The nature of prejudice is
subtle and you will be on your guard against it
Gentlemen, we ask you, then, 10 divest your minds
OF any remaining portion of prejudice
Gentlemen of the Jury,-I first propose to call
your attention to the rules of law defining the offence
secondly to the Indictment; thirdly to the nature of
the Government evidence; and, lastly, the facts
which we intend to give in evidence First then as
/
ed The offence charged is the murder of George
farkman. Murder is division of the word hom-
eide, which signifies killing of man generally
Homicide Is OF two kinds; criminal, or murder,
winch Is capital offence; secondly that which is
punished severely, but not capitally.
| MIR. Sohler then went into a definition of the
crime of murder, and the distinction between muir
der and mansaughter reading from books and refer
ring to several cases in illustration of the positions he
lAa mss I'll. zlL I
Professor Webster stands charged with the muir
der OF DIR. Parkman, and the Government means to
aver that the act done in cruel and deliberate
manner; SO that the Government are bound to prove
the manner; and the distinction which have drawn
! becomes important But when the Government al
leges mauslaughter, then it means in heat of blood
with some proyocaton.
come to the rules of law as to the manner in
which the crime should be charged The Jurv
should bear III mind, not only the offence, but the
particular manner in which it is charged to have
been committed. 1t must be shown that the partic-
f ular CRIME charged was committed and the particu-
lar manner as alleged; otherwise there would be no
safety.
Then we are to inquire whether the indictment
sets forth the crime properly. 1t alleges that DIR
Webster killed DIR Parkman with knife in the first
count. Secondly by striking him with hammer
thirdly, by striking him with his fists and feet, and
striking him against the floor; fourhly, by some
means, instruments and weapons to the Grand jury
unknown
now ask your attention to the rules of law as ap
plcable TO the first three counts. 1t is rule that
the means OF the death shall be accurately set forth
and that the proof shall sustain the allegation Again
there are certain means of death first, striking witt
e weapon; second, striking man against an object
. These are distinct of death. Then there are
4 poisoning, starving, strangling, and many others
which are distinct Now, whichever ofthese means
: the Government sees fit to charge as used, must b.
i proved as charged. Now, the means charged mus
s. be made out; but it is immaeral whether the in
srument was hammer a stone, when it is aleg
ed mat the crime was done by striking, provided tina
I, the Government prove that the crime was done b,
striking. The counsel read several cases TO thi
i point.
i The means, then, must be proved as charged
Now, as to the first two counts, the Government al
eges, land therefore must prove, that the killing wa
by striking The fourth count is, by the hands anc
:. feet of the defendant
now contend that the fourth count is insufficient
and that the Government has no right to give ey
n dence under It, and that in fact has been offer
n ed The authorities against such count z
l., Hale's Pleas Of the Crowa, 1874 Gam ed He
refers TO Coke's Inst, ll9. The same doctrine i:
land down In Htlckins, East, Chitty, Russell
showing that 1t Is necessary TO set forth the means
the death.
Now, the Government must prove that DIR Web
: ster killed DIR Parkman, by striking him with some
: weapon; and that must be proved beyond reason
+ able doubt. know, gentlemen, some slur has beer
: thrown upon this matter of reasonable doubt but i
Is matter of the greatest importance The excite.
ment which always attends the discovery of great
CRIME units the minds of all, more or less, from
weighing the careully so that the law require.
that the Government must prove the case beyond q
reasonable doubt There would be no safety other
wise 1t is not mere gratuity to prisoner, but i
! Is right. The Government then must prove the
: case beyond reasonable doubt 1The Counse
then read from |. Starkic on Evidence, 5I4, as tc
the definition of reasonable Doubt There mus
be such certainty, them gentlemen that you would
act upon it in matters Of the highest importance.
now come to the nature Of the Governments ey.
ldience, and the rules applicable to it, Evidence i.
either direct or circumstaniaI. Circumstantal ey.
dence Is where the deed has not been seen; but
where certain facts proved ana then the infer.
I ence Is to be drawn from them. This is case Of
circumstantial evidence, which is weak, when com
pared with direct testimony, because Of the increas-
ed probabilities of error In direct evidence. the
chances Of error few bat in the case of circum-
siantial evidence, where there are numerous facts
each one Is separate and distinct ISSUE which must
be proved. Here, them the chances Of error begin