The New York herald., 1850-04-10

opinion which we expressed originally with re-
pect to the ilegay of the verdict in this case we
are sustained by public opinion generally. and by
host Of communications from highly intelligent
correspondents. With the guilt or innocence of
Professor Webster we have nothing to do but we
have yet TO learn that we are bound to support the
Boston "press, judiciary, bar, and jury, for up
holding the law Of Massachusetts as found upon
the statute book" by pronouncing their course to
be, under the circumstances, even decent. If the
trial and the verdict can be called the "upholding
Of the law" it is only in sense and that is, in
unfolding il to the rdicule detestation of every
man Of common sense, and common justice, and
humanity. We shall not repeat opinions in
full but we direct attention TO n few points which
are important. They show the illegaty of the
trial and of the verdict.
Go back to the beginning What was the first
stepl An arrest. BY what law or authority, after
Professor Webster was in custody, was he taken
from the Jail 10 the Medical College, be exposed
10 the danger Of eliminating himself by shakings,
tremblings, and other signs Of excitement! What
part of the Massachusetts, Revised Statutes de-
mands that prisoner shall be hurried into court
10 be notified Of his indictment? On what page is
the Coroner instructed to hold secret session. and
pr Judge any citizen by star chamber process
Doc, not the law simply require that, after the
finding of an Indictment "the party, if in custody,
sh be served with copy thereof, by the sheriff
or his deputy ~ Beautiful "upholding of the law
as found upon the statute book surely Yet we
are told that this is all right-ha there have been
no ex,ra-judcial forms or ceremonies, and that
Professor Webster has had fair and impartial
trial more impudent assumption never dis
oce1t hc nd I'll fbo
prove that the reports Of the movements that pre-
ceded the trial were false, they must admit that
the preliminary treatment of Professor Webster
contrary to the spirit Of justice, and in direct
violation of the law, as found upon the statute
book" We were prepared 10 expect such mon
srous absurdities from those who denounced the
execution of Washington Goode. and WHO advo-
cate the myriad isms of the hour: for they have
manifested the utmost bitterness against Professor
Webster, from the alpha TO the omega of the case,
as illustrated by the Tiibuss but we did think
that the liberal and enlightened press of Boston
had too high II sense Of the majesty of the law and
of the dignity of justice, to be hoodwinked by
mere suspicious circumstances. without reliable
evidence, and in the face of credible and undena-
bic contradictions.
Go into the character of the evidence. Was the
u
a large part,cf it hearsay itvcry nature 80 salts
factoy, so legal, beyond suspicion or doubt, as
to destroy the evidence of the of seven wit
nesses who had no interest in the case Was the
testimony of Dr. Keep any more legal, in proof of
identify, than that of DIR. Morton. As one of our
correspondents says, DIR. Keep made the teeth to
a thick gold plate. This plate was made 10. and
to fit upon the thick flesh Of the jaws and Dr. Keep
r n.
gold upon which they were set, being similar to
the outline of the shrunken side of the half of "a
bllrnt Jaw bone" As well might II shoemaker
swear TO the half Of boot fitting the burned skele
ton of peculiar foot. Yet these teeth are made to
"uphold the law and 10 uphold the Identification
Of the body, Of which they formed no natural part
If this is statute law in Massachusetts, il il curious
enough, particularly as opposed by the positive evil
dcncc Of seven witnesses, unimpeachcd in any one
point. Was the charge of Chief Justice Shaw emi-
nenily calculated 10 uphold the law" also
Where do find in il, IN his subsequent address
10 the prisoner, one point so humsnely urged in be-
half Of the accused, as TO give the shadow of
doubt in favor Of the unhappy man Wherein was
the law yndica,ed--is dignity and majesty dis
played II was special plea against the accused,
and contained not the summing up Of the law,
would ordinarily be done in a case Of mere bur-
glaIy. How did the jury uphold the Law p We
pass over the "praise and prayer, and come 20 the
legality of their verdict. Was il not verdict rem
dered by show Of hands, and, consequently. un-
fair towards the prisoner Is il no, laid down hy
Blackstone, in his chapter yeriicts, that in
criminal eases, such conduct j. nianfestly wrong
And il the life Of man 10 be thrown away upon
the mel, holding up Of fingers Yet these hands,
We suppose, "uPheld the law also.
In conclusion, come to the conduct Of the
llos;on newspaper press, and its instrunen,slty
in "upholding the law" L. il upheld by forcgonc
conclusions, pal,ry Investigations of the foles Of
youth and incxpcricnce, and by putting the worst
constructions upon the sins Of omission which have
murked the life Of an unfortunate man II this is
the way the law is TO h. upheld in Boston We fear
that the results will bc fatal 90 the happiness Of
more than one. The principle il bad. This pre-
cedeni j. bad. The trial has been bad. All j. bad