New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-22


10 form proper and sufficient basis 'or hAecu'''e
interference. -, c...;,,.a k.va
To this painful conclusion The Commi"ee nave
unanimously ccme. -.e.u., xaooxt
The Committee therefore respectfully report
that they cannot consistently win "na' mey ~.
ser,ence iu the case OF John w. Webster, az
pr.yed for in bis petition. -,
No,bing BOW remains for the Committee, in the
di,cbsree of this painfs duty, but % advise your
Exceency in determining upon time icr tne TX
ecu,ion. and they name FRIDAY, THE THRIFT,
Eth DAY OF AUGUST NEXT, as the day aud
recommend TO your Excelency TO decide upon tnas
day AZ the time for the Execution OF John W.
Wsbster John REED, Chairman
Council Caa~tey, July 10, 1850.
GOVERNORS ADDRESS.
To the Honorable Council
The Council having considered and acted on the
case of John w Webster, a convict under sen.
tence of death, it becomes my duty as the Chlef
Executive Magistrate OF the Commonwealth 70
make final decison on a question involving the
life Of the prisoner. / feel the weight OF Tvs 70.
spoDsibility But 1t is responsibility ioand IA zoe
path OF official duty, and am not disposed 20 eVaae
H. or to shrink from it. For eight monIhs Pa-' 'oI
extraordinary case has created deep and Palniui
interest among the people Of Massachusetts, and
of the whole Union. Its history Is as nriei as II
terrible and instructive; every new development
in its proeress has been more strange, and has In
creased that interest
On the 23d day Of November, ls40, DR.. George
Parkmap n well known and highly respectable
citizen of Boston lef bis house and family on ous-
ness, as was usual for him, and never retained 70
them. His unexpected absence alarmed his iaml.
" and excited the attention of the people in and
around Boston. In the course OF a day or two 1t
was understood that the prisoner had said that
Dr. Parkman met him at bis rooms in the Med-
cal College in the west part OF the City, not lar
from hslfpast O'Clock on the day OF his dlsaP-
pearance and that he then and there paid him
sum of money, which he, Dr. Parkman, took INTO
his hsnds and hastily rushed toward the outer door.
DIR. Parkman was also seen by other PorssolHs
about the same time Of day within iorty lees VI ~
door of the College, and walking qilcAy
There with other circumstances oireC'eo r Suo -,
| lie mind toward the College buildings Ine n9A'
| Fridsv one week after the disappearance OF ~.
! Perknap the dismembered parts Of nunsn ,ha
| ,yeya found in different places IN ana uu Cr
rooms occupied by the prisoner IN t3a. oou5.,
some of them packed in tea chest ana I'ne. Pa'"
in the vault OF Pr.y aMac ead - on him and he
re. arrested and committed to Leverettst. JAIL
A Coroner's inquest was called, and after a Usg
examination into the facts Oh tne CASE cohoecsc9
in secret the jury reported that the remains ouno
were parts OF the body OF the iate Df 9sorse ara,
man that he came to his death by violence in the
Medical College in Boston on Friday the 23d day
OF November, and that he was killed by John w.
Webster. The evidence taken before the inquest
was not given to the public. In January, 1917 the
case was aid before the Grand Jury for the County
of Suffolk and the investigation before that body
resulted in finding an indictment against the pris
oner for the murder Of DR.. Parkman.
He was arraigned on the indictment and pleaded
not guilty. Two Of the most able and distinguished
lawyers OF the Commonwealth were upon bis own
selection, assigned to him as Counsel by the ga.
preme Court, and his trial before the fall bench or
that Court fixed on the 10Th day Of March. Some
time before the day Of trial the Attorney General
furnished the counsel of the prison er, not only with
list OF the names OF the witnesses TO be called
against him, which is required to be done In all
capital cases in ihis Commonwealth, but slso with
copy Of the testimony taken before the Coroners
inquest and which had been produced against him
before the Grand Jury.
The time appointed for the trial arrived, when
four Judges Of the Supreme Court were present,
and sat during the trial. In pursuance OF the pro-
visions of law, sixty jurors had been drawn from
the Jury box in the County Of Suffolk. By law, the
prisoner bad right peremptorily, without giving
any reason to challenge twenty Jurors, and for good
reasons to object 10 any others whose names might
be called. In empanRelling the Jury who tried
him. the prisoner exercised his peremPtory right OF
challenge in only fourteen instances.
The trial was one Of surprising interest ana so.
lemnity, and lasted eleven days On the part OF
the prisoner the case wss argued with great earn
| estness, candor aud ability, by Hon. Piny Merrlch,
bis senior Counsel. After denying that the ovi
/ dence on the part OF the Government was sufficient
TO prove that the prisoner killed Dr.. Psrkman at
s the Counsel took the ground tina. If in any event
the Jury should come 10 the conclusion that no did
bill him, then the circumstances OF the case were
such ~ to satisfy them that the killing could not
have been premeditated, but was the result Of an
UDex pected conflict between the parties and OF
GuGden passion.
This y, stion he endeavored TO maintain by an
! ingenious aud powerful appeal to the Jury. The
! case was closed on the part of the Commonwealth
! 10y the Attorney General, by an address of singd
/ lar point and effect After the Attorney General
had finished his argument, tue Court informed the
prisoner that he had the right, which be might ex-
ercise or not, as he pleased, to make such remarks
to the Jury a he saw tit. The prisoner rose and
for some time addressed the Jury IN bis own behalf
An elaborate, clear, and comprehensive charge
wss given by the Chief Justice after conversation
with the other members OF the Court who sat with
him at the trial
The Jury retired to their room, and after an alb
sence OF three hours late on Saturday evening re-
turned TO the Court with a verdict Of guilty. The
next Monday morning the prisoner was again
! brought into Court, and received from the Chief
| Justice the sentence of the law, which doomed
him TO suffer death by hanging at such time az the
Executive of the Commonwealth should appoiat
| In few days a copy Of the record of his oonvic
| ton was transmitted to the Governor and Council
| by the Sheriff Of the County Of Suffolk according
| to the direction OF the Statute.
On the Gath of April the Prisoner sent by the
hand Of his friend to the Governor aud CounciL
petition for pardon, under his own hand, on the
| ground Of bis entire innocence Of the crime of
| which he had been convicted, and for which he
was under sentence OF death. All proceedings on
this petition before the Executive were suspended
in consequence of having received notice from the
counsel OF the prisoner that they were about to
make application to the Supreme Court for a writ
OF error to be issued in his case account Of GER
tain alleged Irregularities, which had been disco
vered In the course Of the proceedings against him.
That application was heard before the fall Court
and overruled.
In the opinion OF the Court upon that application
pronounced by the Chief Justice all the proceed
ngs in the case are declared to be according to es
tablished Judicial forms and the laws of the Com
monwealtb.