The New York herald., 1850-06-17

THE CAsE OF DR. WkBsrER, IN Bosros The
following Is the petition Of Webster, before the Su-
preme Court of Massachusetts, with the bill Of er-
trors annexed, az prepared by his counsel;
Suffolk, e. SUPREME JUDICIAL Coysr, !
March Term, A. ID. 1850
John ". Webster, Pltnr In Error,
And nov John W. Webster. heretofore the defendant
IN certain indictment tor sn alleged murder whereon
Judgment vss rendered against him 1T this present
March term Of this Hon Court comes and prsys the
Court here that . writ Of error may issue on the
judgment sforeesd returnAble to this Hon Court at
It's present term on such day the Court msy direct
to the end that certain In the proceedings aud
Judgment Of the Court on the indictment afore-
said msy be corrected aud that this Hon Court will
~ be done In the premisrs what of right and
,e''rsns to the law Of the land oSgh, to be done
suffolk, ~ SUPREME JrpicAL CoUsr, D
March Term, A. ID. 1850.
VS.. The Commonwealth Defdt.
Assigpmrnt of Errors.
af,y the ,sid JoS, wsS.,.r eanss NV Hasa,s p
Sohier and Pny Merrick bis Atornies aud says that
in the record and Of this Court In tn.
of the Commonveslth vs. said Webster In which judg
nent rendered at the present Of said Court
TO Wit the rst day OF April aud also In the
Judgment Aforesaid there Is manifest errors,
ls That the said Supreme Judicial Court did nos ac-
7uire Jurisdiction OF the accusation against him. tho
I'd Aiss that the indictments and the mattsrs there
In contained not sufficient In Law to warrant any
Judgment sgspst the said Jphs w. Webster, because
IL does net and cannot uoicaly appear from mat
ter or things before this Court. that tho Municpsl
.indictnent. oonmonwealth Va said John w webster.
Sd Also. that IL does not and cannot judicisly sp
81 ,has ~ a. \, o. l.om
that the said Municipal Court Of ths city OF Boston
made an adjudication. directing the time when the
said Indictment should be suer.d At And have day
the ssid supreme Judicial Court
4h. Also, that the said Municipal Court Of the City
of Boston did not ex aud adudcsts that the ssd in
0ictment entered n
supreme Judicial Court at rxed or other certaiD
time shen "a could b. judcisly known that the ssi1
Supreme Judicial Court would be In session.
9th. Also, that n the Municipal court Of the City cf
Rostondd m and sdus,cats that the said indic
should be entered At uf-d aud certain time when IL
udically known TO the said Municipal Court that
ssid epprrm. Judicial Court would be In session jet
that said indictment not In fact entered said
/. day In the supreme Judicial Court.
eth Alec. that II 10 not and cannot from any matter
..,S s, ~, ,h
John W wsbster served with any order decree,
copy OF such order or decree cf the said Municipal
Court Of the City Of Boston aning the time ~hen the
ssid irdc,msut should be enter In the sad suprsms
Judicial Court.
sth Also that no order or decree of the said NUM-
opai Court Of the City OF Boston nxing the tine when
said Indictment should be entered the ssid suprems
Judicial Court legally served upon The said
John Webster that in fast the said Webster vas
not legally transferred from the said Municipal Court
of the City OF Boston TO the said Supreme Judicial
Court
sth Alsot there IL error In thi. that Il appears
BY The record aforesaid that the Judgment aforesaid
mas tftu Gtvfn TOT tne fHd AoinmonwtAtn th@
said Jchn W wsbsterwhrrsa by the Lac Of ths land
she judsmsnt Aforesaid Ought to have been given for
the ,sid John W. Webster sgainst tho said Common
wealth.
9th. That neither the sentence pronounced nor the
Judgment rendered BY this honorable court ths In
jiesnent Aforesaid warranted BY or In sccotdance
with the laws Of this CON but that each u
contrary thereto
And the raid John W. Webster prsys that the judg-
ment Aforesaid for the aforesaid may be reversed
annuled ana altogether held for nothing and that he
may be restored 70 all things which he hath lost By
occasion OF said Judgment. (Sgusd)
EDWARD ID. sOaTER,
Counsel for said j. W.
Annexed 10 the petition and bill Of errors, Is the
following sfFidsvits-
I. John ". Webster. on oath declare aud SAY, that
The foregoing petition and assignment OF error. TO be
hed Herewith. are not intended by for the met
purposc of procuring delay in the execution Of ths
udg nert therein mentioned but because am advised
by council assigned me by the court that In their
opinion the said assigned Of such grave i'm
portsnce that u 10 proper that should have them
presented 10 tho Supreme Court for its decision.
fsigptd1 j. W. WEBSTER
subecribed and sworn 10 before me this ID day Of
sMsy. 1850. Csisped)
cIL,RtEs A. WEIGH. Justice Of the Peacc.