The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-08-07
From the Boston Atlas.l
IHe Case OF Professor Webster.
TATEMENT OF THE DISSENTING COUNCIL.

MAN.
The undersigned, dissenting from the
conclusion arrived al by the committee
on pardons, in the case OF John w.
Webster, and perccising that he stands
alone at this board in his opinion, asks
leave 10 submit in writing, as briefly as
| possible, the reasons Of his dissent, and
requests that they may be placed on flo
for future reference.
In examining the case of said Web.
slor as it was presented to the court and
jury, the undersigned was struck with
The insufiiciency Of evidence 10 prove
prcmcditaion and malice, us we'll as the
absence Of any adequate motive from
| which those all important elements
in the crime Of wilful murder could be
inirly Inferred. II did no, ST en- rca. on.
able to him that mnn occupying the
position Prof Webstcr-in possession
OF considerable amount of properly
IN receipt Of large income --surroun-
'dcd by wealthy friends could risk cvc
rything valuable, life includcd--oithcr
ior the purpose of rcvenging himself
upon mn impor,nna,c creditor, or Of re-
leasing himself from pallry debt Of
less than 5000. Now, ifhe had become
indeed so lost to all moral sense. TO all
regard for his own reputation md life,
TO all care for the welfare and happiness
of his family-did j, seem reasonable
that hc should have made an assirna,ion
for the purpose Of deliberately commit
ting murder, at monday. and in his own
office, where he was liable to in,errup,
ton and exposure at any moment. And
aside from all this. |, seemed still more
unreasonable that man Of his great
chemical knowledge, knowing MS he did
Tho means whereby body could be en-.
lireiy destroyed in n few hours, should
ehaYe premcdi,atcd sncha crime without.
using his Knowledge and proyilingahe
5n,eans which would have inevitably
;baffled scrutiny, nndsscured his saIety.....
On the oiIler hand,i,ail appearlohim
eaaepahle, consitler;ng ihe claraet OF
the parties,the known roughness OF DR..
Farkman to delinqucn, debtors, and the
irritable temper of Prof. Webster, that
an Interview sought by the latter for the
purpose Of endeavoring 10 mako new
terms, or 10 obtain delay in payment,
might have ended in quarrel, yiolen,
blow, and sudden death.
The undersigned is aware that ,hc
subsequent conduct Of Prof Webster,
his mode of disposing Of the body, his
conccalment Of the transaction, and all
the snbtcr!ugcs, evasions and falschoods
he has rcsortcd 10. give the case n dark.
or aspect, and prcdisposc many homes,
minds TO harsh Judgment: but he be-
lIevcs that the crime charged upon him,
Tor which he alone was tried, should be
considered without reference 10 these
conconlI,nnts, which may be looked
upon as tho natural results Of his frs,
departure from the path Of truth an
duty; or, perhaps rs the violcn, but i'll.
judged attempts Of n man to save his life
when placed in a situation Of immin cnt
peril by rash at, Of his own, and de-
privcd al the same time Of that high
moral courage, SO necessary to guide
one IN such n situation Alright. These
may form m element in considering To
what extent punishmcn, should be aba,-
ed, hnt should have no weight in es,i,
mn'ing the true nature of the original
crime which they followed.
The confession Of Prof. Webster the
undersigned believes 10 he true, because
It is consistent statement by itself; be-
cause it is consistent with tho evidence
produced 10 the Jury, and because i, is
consistent with human nature: and he
has, besides, good reason 10 believe that
il would nol have been divulgcd nor
made the hnsc Of action in this case, had
l. not been for an accidental remark Of
his own, which reached the ear OF his
spiritual adviser after he confession had
been made. The improbabiliiies in il
which have drawn so strongly the altcn.
ton OF the committee, and induced them
to withhold their belief in its truth, are,
TO his mind strong evidence Of lis truth;
tor II Prof. Webster is tho inr.siuhnd, !,
aritnl man which he mus, be considered.
II that confession wns made to be used
for his own benefit after all other hopes
had Hailed, these improba5ilities would
never have appeared in i,--he would
have made the watch to fiji The case.
But that confession has no other inllu.
cucc upon the undersigned .han 10 con.
firm his previously formed Judgment,
and therefore he deems n further exam.
ina,ion Of il unnecessary.
Bni, IN the opinion Of tho undcrsign-
ed, there is another point which dc.
mands serious consideration Under
the lnw-~us laid down in this case bv
the conrt--a Jury is bound TO bring in n
verdict of willnl murder in all cases OF
secret homicide. unless the accused can
prove himself innocent. lC a man is
attacked in any place where there is no
witness, and in defending himself kills
Ms assailnnl, he is liable 10 be executed
Tor murder; he may prove his limo,
ccnce, bni his chances for doing so are
very small. Tho law prosumes malice
when the hoInicidc is proved, and thus
| is liable 10 create tho crime Of wilful
murder OIL. ofjustifable homicide. II