The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-04


mtny. Ps,tee says that Webster told hin he would
nav DO more trouble with DIR. Psrkmsn, for he had
h|d.d rth HIM Suppose that Pettee recollectsd the
words Iir htlywbcb DR.. Webster thinks he does not
then The words not literally true but they
just ~ near the truth II dicsted the expectation
that he should axe terms with PArkman as II pre-
Gshisd on The expectation that he should silence his
clam BY murder. In either they were predcated
on contingency And as they ht one expectation
u.t ss well as the other they produce nothing either
way
On the ether hand Dr. Putnsm suggested at some
length, that by adopting DR.. Webstcr's declaration
thai the honieise ~ss unr emedtsted some circum-
stances are accounted ior, otherwise almost izex plea
making no chow Of ability TO pay Dr. Parkman and
the s.t that be had made chemical
deriroy the body. And, again, he urged, that Dr.
NeSsttrt statement was confirmed BY we'll known
uaits in DR. Psrkmsn's chsracter-exacting some-
times severe and cooperating and with mania TOR
making Ills debtors do just rght-while DR. Websters
character on the other hand is timid yet
irritable hssty, and sometimes passionate.
DR.. Putnam then urged the insuffciency Of the al
legged motive tor homicide the little sum
OF t4sS. TO man whose property was considerable,
though embarrassed. And he added that, ii he had
deliberately planned the murder, he must have well
eontioered the vital quetton as to the effect Of his
having the notes with the marks Of cancellation upon
closed this branch OF his argument by admitting that
there was som.thipg inexpcable about the notes,
clear The theory Of premeditstion certainly had the
moral probabilities against 1t and granting that he
could have conceived the plan still there greater
moral improbsbiity that he could, whentthe moment
came, have execute it,
Having thus answered the first question as to the
the second inquiry
IT, from all the facts and circumstances Of the case,
dit shall be given to the emit of DR. Webster
and the committee sbal cluds that il lie pro-
bsbe or equally probable, (or that would be enough
that the homicide was committed In the heat of blood
and was upprc dated ought the prayer Of the petit
ton to be granted, and the sentence eommuted?
Here be waive any wsh competency to disc uss
the legal question that might arise to malice being
implied by law, and about shifting the burden proof
fro III the Commonwealth to the prisoner. He only al
lud.d TO the knoSn difference OF opinion point
In the Supreme Court itself presumng however that
the Executive Council would not wish to impeach at
all one Of its decisions that the people could desire
or Dr. Websters friends ask such interference Of func
tons.
He supposed, however, that If DR.. websters state
ment could have been proved to jury under admis
sable evdence-the verdict could not have been
der. Or If then the Court. constrained by the rules
Of the Common Law had Instructed the jury that they
must find such homicide murder, he supposed Il
would have been regarded everywhere case for the
Executive. The precise duty Of the Executive was to
make the graduation Of punishment to crime more
perfect than any general rules Of law can do.
In regard to the punishment of criminal homicide,
II to be settled point in the minds of the peo
pie and in the actual administration Of the law that
the feDtepc. Of death however often the judiciary
be constrained to award it, shall be carried into
execution only i'll in which it is proved and be-
eyed that the murder is deliberately int nded and
that in ali in which the deliberate intention is
wanting or not made out necessarily inferred
other punishment less horrible, but still severe and
sufficient, shall be substituted by the Executive.
In this latter pc sition said DR. Putnam believe
er OF ht petition ought to be- granted and have pre-
seDted in his statement and in my own name reasons
which 4 think should move the Governor and Coun-
ell TO grant it am here out Of my usual aud appro-
pirate sphere, not to win case but to assist the
miI'e in their search Tor the truth Of the have
interest in the matter distinct from that Of the
Commonwealth. My sympathies In the are, first
for truth and justice and second for DR.. Webster
DR.. Webster continued he, does rot pray for a full
par don fl ON the Executive His friends cSpp.t claim
1t for him. He Is guilty man The homicide he has
committed is not justitabe The provocation, though
ore nrlN in frha arhvn IA
tfy the blow 1t was the result Of passion which he
admits be ought to have under control and for the
come quenees Of which be is justly held responsible
lie acknowledged that DR.. Wsbster's conduct after
the offence. aggravated it-thst man of right moral
tone would instantly have made public what he had
done Again the impression made OF his character by
the disposal Of the body, could not be removed,
though hs education as medical student aud medi-
cal man should be regarded while 1t judged His
taking possession Of the notes has very bad look,
not to be pulated-a felony indeed enough to blast
his character for probity But st all these bad facts
putting the worst Interpretation on them would not,
separately or collectively constitute the crime Of
u uTdcr
DR. webster's intslls cual and social advantages he
aid increased his moral responsibility. doabtless
but 'hey increased any punishment-ssy imprison-
Aud this is difference enough against him. without
IN affecting upon him sentences severer in terms, which
IL sometimes foid, to that reply that "Dr. Webster
must be executed according to his sentence because IL
i'll not do TO relax the rgor Of the law in favor of
In HE portion. lie must die, whoever else may be
sparedn This Is cruel sentiment. and subversive Of
every principle OF humanity and OF right The magis
Tat. must recognise castles and must take lest
be become too conscious Of them through his
BUS Efforts to ignore them DIR. Webstert case, like
evefy other, must be determined upon its merits
md upon ne other consideration whatever. Some of
bis friends have all along believed that his cause has
been seriously prejudiced by his social position-and
hat the anxiety not TO shO~ him any undue favor
sccuun Of II, has unconsciously operated TO deprive
sim OF some portion Of the favor which might be
corded TO criminals Of dereut rank. God bid that
his should be 60. know 1t Is not with regard to
he treatment he receives from the officers VIII, have
he custody Of his person. DR. Webster certainly ought
aVt to have his sentence mitgaed because he Is what
called in our loose social distinctions, gentleman;
candid and mereiful CONFEDERATION, because he is 2
that IL Is neither more nor less necessary right
that he thonld be executed on that account. Consi
dratons OF caste howeyer they may affect portion of
III, public uhiAvoraby for him, most certainly will not
affect the deliberations OF the Council either wsy-but
be brushed aside ms only Mt TO be entertained by mar
and tmid minds Of social class or Jealous and
malignant minds, OF another.
Happily. the Executive has not the bald alternative
n executing or Of pardoning the prisoner. May be
HHs.td TO tuggttt that in this case imprisonment
Will best answer the public ends Of justice!
When Dr. Webster's statement shall have gone out
TO lbs pbbiie IL tha BE- believed a. we may expect
that II will lie believed BY multudes, even by great
majority Of ,he millions who have become interested
la the cHse- believed account Of its consistency It's
inherent probability and thu circumstances favorable
To- truth under which IL fret nade; and H. then
the extreme sentence Of the aW should BE- executed
upon him he will certainly be thought to have been
ait ~h with unneeetsAry rgor snd 10 have expiated
L, deeds too severely Aud then the public sympathes
fsm The EIDE % la~ and justice to him wr0nged
mHr-~rorg,d with that lsHt wreug. which H. immes-
surabe ana irrtpaTsbe And II IL should BE- felt that
The inuoctut ana oconsoate family Of the convict
The meet distresscd family, think esth-had had
lhtir unqualified anguith increased one jot beyond
III. b. unos Justice aud the qusi Of the social
welfare. the public heart could hardly pardon that.
Let The punhment be graduated to the guilt proved
md believed, and 10 the exact line OF right cannot be
certainly found let the penalty fall little short eat,
rather Than 60 hairs breadth beyond IL. III the i'm
perfect scales OF public justice cannot be exactly
puied let that in which the prisoners Interests are
placed be clearly seen TO descend, though by the
hghtest possibie degree Of prepondersace. other
Nke, the example " lost, and the public feeling aud
conscience comsfnto fearful anita gonism against the
OF the law Let compassion aud cha
ity follow the criminal In his punishment, however
i,scrv,d but take t. keep all rational kympsthies
act bound on the side Of Law aud justice.
The present question interesting TO multitudes and
lntIeskaby momentOus to a few. II In the hands OF
Dooy, to whose wisdom, recttude, and cemency, the
rubic ana the prisoner look with equal confidence for
oecnion, ct once righteous merciiul such deci-
ion as shall leave hun q debtor-though by ever so
a o M cal ntse