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that his rooms were passed through by certain police officers as early as Monday, in a formal manner, without suspicion; that on Tuesday, on being searched by Mr. Kingsley in connection with the police, certain things excited his suspicion. There was a bright fire in the furnace, and Dr. Webster seemed anxious to withdraw attention from the privy and furnace, calling their attention to other parts.

On Monday, Dr. Webster gave directions to the express man to bring certain faggots from Cambridge to his laboratory, and the key not being in its usual place, or to be found, he left them on the outside of the door. It will be seen that Dr. Webster, during that week, was extremely anxious to have it appear that Dr. Parkman had been seen going over to Cambridge. He even tried to induce a lady to say that she had seen Dr. Parkman going to Cambridge. He also went to a mechanic who is very well known in Boston, on Friday, and ordered a large tin box, such as he had never ordered before, to be made strong, and in such a manner that he could solder it himself. As to the uses of this tin box, it will appear that he contradicted himself. There are other facts which go to show that in the progress of the events, mute nature has spoken out in this prisoner, true to herself. His ejaculations when not conscious of being observed, have a deep significance.

On Thursday, on account of suspicions excited in the mind. of Mr. Littlefield, the janitor, by Dr. Webster's statement on Sunday, investigations were commenced in regard to the privy under Dr. Webster's room. Littlefield pursued this investigation under direction of Drs. Bigelow and Jackson. He caused his wife to watch the approach of Dr. Webster, but not of any other professors. It is to be remembered that Littlefield was in a situation dependent upon the professors for his living, and particularly upon Dr. Webster. It was after the discovery that Dr. Webster was arrested, and his conduct on that account shows his character, and what dependence is to be placed upon his statements. He charged Littlefield with being a conspirator, and yet he said the remains were no more Dr. Parkman's than they were his. He

also asked Littlefield on Tuesday if he were a Free Mason, and if he had got his Thanksgiving turkey. And on his replying to the latter query in the negative, gave him an order on a provision store for a Thanksgiving turkey, that being the only instance of his ever having made him a present of that sort.

It was certain that the remains, towels, etc., found in the vault must have been put into it through the privy, of which Dr. Webster, the prisoner, had the key in his pocket, as nothing but water could perforate through the wall from the sea. A large bunch of keys filed down to fit any door in the college, were found in Dr. Webster's possession, and his explanation of this circumstance is by no means satisfactory. In his pockets were found papers giving two different accounts of his interview with Dr. Parkman, not reconcilable with each other. His waiver of examination, his injunction to his family to keep secret papers which explained his relation to Dr. Parkman, and the letters shown by an expert to have been written by him to direct suspicion from the Medical College, will all be circumstances to be considered and explained.

Of all these circumstances, Dr. Webster, as he has a perfect right, if he and his counsel think it wise so to do, has ventured no explanation. Neither has he ever once asked, as he might, for the course the government were about to pursue in establishing its charges against him. It is to be hoped, and no one more sincerely hopes it than I, that he will be able to satisfy this jury and the whole civilized world, of his entire innocence. But if he cannot explain these circumstances, they must bear with terrible weight upon him.

This indictment is composed of four counts, though I confess if it had been left to myself I should have preferred to have retained only the last one. Yet perhaps justice could not be secured without including the reference to the stabbing and other marks of violence on the body of Dr. Parkman. There was a perforation in the thorax by some sharp instrument, and there is some evidence in the case, which is somewhat mysterious as it stands, which in the judgment of

the Grand Jury was sufficient to give probability to the conclusion that he came to his death by the stroke of a hammer. A sledge hammer which had been a long time in the building and was seen that very day behind the door of Professor Webster's back room by the janitor, was missed afterwards and has not been seen from that day to this, though the building has been searched for it from cellar to garret.

But even though no means could be shown by which Dr. Parkman was murdered, the jury might be in duty bound to render a verdict that he came to his death by the hand of Dr. Webster. Otherwise what would be the protection to any man of the law under which we live. If the evidence places it beyond a reasonable doubt that Dr. Webster did commit the deed-however committed, he must be convicted. The Court will instruct you under what latitude the prisoner is entitled to the benefit of a doubt.

And, gentlemen, while you will carefully, considerately, and as true men, hearken to the evidence; while you will give to the case that patient and conscientious attention which a just regard for the interests of the commonwealth demands of you; and while you will give to the prisoner the full benefit of every legal presumption, and of every legal doubt which the law accords to him, and the facts may justify :-if, upon this whole case, when we shall have laid it all before you, the conviction shall be impressed upon your minds, that he is legally responsible to the violated justice of the commonwealth, for the murder of an honored and unoffending fellowcitizen, I trust that you will have the firmness to say so by your verdict.

Mr. Clifford moved that the jury be allowed to view the premises where the murder was alleged to have been committed.

Mr. Sohier did not think there was any necessity for this. The government have plans of the Medical College. Perhaps they will be able to furnish a more complete representation of it by

means of a model. After introducing their testimony in part, we shall be better able to judge of the need of further personal observation.

The CHIEF JUSTICE. There is no doubt of the authority of the Court to grant a view, if they deem one expedient. Views had been granted of late in several

capital cases. I now recollect
the instance of Washington
Goode's case, tried last year, and
of a case of arson, the name of
which I cannot call to mind,28
which occurred three or four
years before, in this county. The
Court will consider the applica-
tion; and if the progress of the
trial seems to develop a
sity for a more immediate and
personal inspection of the Med-
ical College, it will be permitted
at some time when the Court is
not actively engaged; perhaps
tomorrow morning, before the
opening.29

neces

Mr. Sohier moved that all except the witnesses actually testifying, should be removed from the court room.

Mr. Bemis said that they had

no objections to the course, provided the order were made applicable also to the witnesses for the defense, and that an exception should be made in favor of the medical and scientific wit

nesses.

The COURT ordered that all the witnesses on both sides, except the class last named, should withdraw to an adjoining room till sent for.

The COURT intimated, in reply to an inquiry on the part of the prosecution, that witnesses would be expected to be examined to the extent of their knowledge upon all points of inquiry, and should not be examined in part, merely, at one stage, with view to being recalled to other points, at a subsequent stage.

THE WITNESSES FOR THE COMMONWEALTH.

Was

Charles M. Kingsley. agent for Dr. George Parkman, May, 1836, till his decease; had the care of his real estate, and used to see him three or four times a day, always at least once a day. He owned many estates at the west end, comprising the principal part of the neighborhood around the Medical College, and near Blossom street. He was first missed, Friday, November 23rd; called on him, Friday, to get an answer about a lease; did not find him at home, though it was after his

a

usual time of dining, half-past two. He was very punctual about his habits, and hour of dining; had never been disappointed before in meeting him then; called again, early next morning, and found that he had not returned, and that the family were very anxious. They requested me to make search for him. We concluded not to make a public search, till after the morning trains would generally be in-about two o'clock; was told that he had made an engagement with somebody for

28 The case referred to by the Chief Justice, of the view on the trial for arson, was doubtless that of Edmund Hollihan, December, 1845. Two other views in capital cases, besides those named, have also been granted in this country, within the last two years:—in Joseph Jewell's Case, May, 1848; and in Augustus Dutee's, July, 1848. In all these instances, counsel, or some other representative of each party, attended the jury, by permission of the Court.

29 This was afterwards done on the morning of March 20th.

half-past one; I commenced by finding out who that person was. To trace the doctor from the time of his last leaving his house, at twelve o'clock, Friday, I

commenced inquiring of everybody whom I met, who would be likely to know him, when they last saw him; first got trace of him in Bromfield street, at half-past twelve. Then into Washington street, up Williams' Court into Court Square and Massachusetts Block, thence down Cornhill avenue by Joy's building into Washington street again; thence through Water and Devonshire streets to the post-office, then up State through Court street into Green street, down through Eaton street into Vine street, at the corner of Blossom street. There, in Paul Holland's grocery store, learned that he had left a bag of green lettuce the day before; next heard of him in Fruit street, leading from Blossom to Grove street, and then traced him as far as the Medical College.

There was great excitement in the neighborhood. Many of the neighbors, and officer Trenholm assisted in the search. We continued our search till eleven that night; the police were called in to aid about three that afternoon. As many as twelve or fifteen of the neighbors accompanied and aided; the police searched a great many houses in the neighborhood of the college; particularly the cellars and rear apartments of empty tenements.

The first advertisement in newspapers was published Saturday; Sunday we searched the city all forenoon; in the afternoon many persons searched about the new jail lands, and the doctor's vacant houses.

Monday I went over to East Cambridge, and stayed there till about eleven. Then went with Mr. Starkweather, the police officer, to examine the Medical College. We went all over the building, into the lecture and dissecting-rooms, and up into the attic, but not into the cellar; came to Professor Webster's lecture room about half past eleven, after looking over the other apart

ments; found the door locked, and knocked. After knocking two times he came to the door and unlocked it. Mr. Littlefield told the professor that we had come there to see if we could get any clue to Dr. Parkman; did not hear any reply from Professor Webster, if he made any; went into the lecture room, thence into the back room, and then down into the lower laboratory; made but little examination; didn't move anything in the laboratory; don't know whether Dr. Webster accompanied us down stairs, but think that he did, following us.

Next day, Tuesday, Officers Clapp, Rice and Fuller, accompanied me on another visit to the Medical College in the morning. Mr. Littlefield was with us. We made a thorough search in Mr. Littlefield's part of the building, of every room and the closets.

Then we went up to Dr. Webster's apartments and knocked, as we had done the day before; but he did not keep us so long a-waiting. Mr. Clapp made excuses for calling on him, saying that we had come to the college first, so that we might say, when we went to houses in the neighborhood, that we had been there; said that nothing would be removed; that there was no

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