showed them and passed in; it took fifteen minutes to take the tickets, as some of the students usually stopped in Dr. Webster's room some little time after the lecture was over, to ask explanations, etc. On Friday afternoon thought I heard some one walking in the laboratory; the sound might have come from the dissecting room. Was at a ball on Thursday evening, November 22nd, and got home at 1 o'clock; can't say whether I had been in Dr. Webster's rooms other nights that week, after he had left for the night. Mr. Sohier. Haven't you been in his room playing cards, in the night? I decline answering that question. Haven't you been in the habit of using his rooms for gambling? I decline answering that question; but I can say, I have not seen a card in that room this winter. That does not meet my question; have you not been in the habit of gambling in his room? I decline answering that question; but I will say that I have not played any cards in his room this winter. Did not Dr. Webster discover that you used his rooms for gambling? No, sir; at any rate he never spoke to me about it. The Cochituate water was kept running all the week; it had not been so before; the doctor objected to having the water run at other times, as it spattered and made the floor wet; began to think over the facts which I have testified to, Sunday night, twenty-fifth, after the conversation with Dr. Webster; told my wife that night that I was going to watch every step he took; had been hunting round that day for Dr. Parkman, in the empty houses, etc., never thought of the reward then, or that one was offered; never told anyone that I meant to get the reward; never told Dr. Webster so, and I defy any one to prove it. I suspected that Dr. Webster had had something to do with the disappearance of Dr. Park man; did not know that Dr Parkman had been in the college until Dr. Webster told me so himself; suspected that Dr. Parkman had been murdered by some one. "That is the very time that I paid him $483, and some odd cents," were the words of Dr. Webster. He said, "I counted the money down to him on my lecture room table-he grabbed the money up and ran up two steps at a time, as fast as he could. Dr. Parkman said that he would go and discharge the mortgage; but I have not been over to Cambridge to see. And I never knew that Dr. Parkman had disappeared until I read it in the Transcript; and I am come over to see about it, as I am the unknown gentleman referred to." Did not see Dr. Webster go into his rooms Tuesday morning; unlocked his lecture room door and found him at work, at half-past nine or ten; passed down to his table and he went towards his back room; Saw that he had a fire; asked him if he wanted a fire in his furnace and he said, no, that his lecture for that day had some things about it that would not bear much heat. It was about 11 o'clock when Mr. Kingsley and officers Clapp, etc., called. Dr. Webster let them into the lecture room himself; went down stairs with them, and the doctor went down also; don't recollect hearing the doctor say a word in the upper room except the remark about his little roomabout the dangerous chemicals, etc. After we went down stairs something was said about the whitewashed pane of glass; thought at the time that Dr. Webster tried to lead them away from the privy. When Mr. Clapp asked, What place was that? Dr. Webster started right off to the door, at the front part of the laboratory, into the store room, and said, Here's another room; saw Mr. Kingsley in the laboratory, in the recess, where the minerals and tea chest were; do not recollect seeing anybody examining the minerals; thought that the doctor tried to hurry us out as soon as he could; never got into the doctor's laboratory before by the window; it is the outer door of the two doors by the laboratory stairs which has the bolt on; was mistaken in saying that I did not see the doctor again Tuesday afternoon, after he gave me the order for the turkey; the conversation about my being a freemason was the same afternoon; saw him about six again that afternoon; may have said that it was as late as six, before the coroner's inquest, as I got the day wrong about the order; cannot say now, positively, whether it was before or after six; it was sometime after I had got home with the turkey; am positive that the conversation about my being a freemason was after I received the turkey. Don't recollect saying before the inquest, That I heard some one in Dr. Webster's rooms about 1 o'clock Wednesday afternoon; did say, That I returned with my wife about 1. Don't recollect hearing any one there at that time, and don't think that I swore so. Before I went out with my wife that morning, at 9 o'clock, tried to look under the door; saw Dr. Webster when he came in that morning; he had told me the night before that he shouldn't want any fires that week; knew that he always wanted a good fire, being a coldfeeling kind of man, and I thought it strange that he should be in there without a fire, especially as I thought that it was a cold morning. When I got into the laboratory went up to the doctor's back room; thought the spots upon the floor suspicious; noticed spatters on the stairs, more than anywhere else; they were rather red, then; I put my finger down and tasted of them; I thought at that time that the spots were blood and that something had been put on to disguise them; had never seen them there before. On Thanksgiving tried the doors but did not try to get in by the window; did not see Dr. Webster on Thursday; I was about on Thursday; did not take any one in to examine the laboratory. Up to Thursday morning had communicated my suspicions to no one except my wife and Dr. Hanaford and a man named Thompson who worked for me; on Thursday afternoon communicated them to Mrs. Harlow, who lives near the college, and who lent me some tools to break through the wall with; on Friday, told them to Mr. Trenholm and to Drs. Bigelow and Jackson; had no particular signal with the doctor to get into his room; if anybody called I used to knock on the door; I sometimes found the lecture room door bolted; but seldom; did not knock on Friday; tried the doors and did not think it proper to knock simply for myself; when he was work never attempted to force my way in. at Saw the advertisement by Mr. Shaw, offering $3,000 reward, on Monday; took one and carried it down to the college and showed it to Dr. Ainsworth; also saw the $1,000 handbill; met Trenholm distributing them; saw these handbills stuck up in great numbers about all the college, and the sheds in its vicinity. Andrix A. Foster. I am a provision dealer in Court street in this city; supplied a turkey to Mr. Littlefield on Dr. Webster's order, on Tuesday, November 27th, between half past three and four o'clock. Caroline M. Littlefield. Am wife of Mr. Littlefield, janitor of the Medical College; we occupy part of the cellar story. I heard of the disappearance on Sunday, as my husband spoke of it that day; think I heard of it the day before. Mr. Bemis. Did you caution your husband on Sunday to conceal his suspicions from all persons? Mr. Sohier objected to this question, as the introduction of testimony dependent upon conversation. The COURT decided that the fact of the communication of the caution was proper; though accompanying conversation would not be. Mrs. Littlefield. On Sunday afternoon, after tea, Mr. Littlefield went out, and after a while, came in again and beckoned me to come into the bed room; he said that he thought, just as much as he was standing there, that Dr. Webster had murdered Dr. Parkman. I told him never to mention it again, or even think of such a thing; for if the professors should get hold of it, it would make trouble for him; noticed nothing particular about Dr. Webster's apartments until after my husband told me his suspicions; I recollected that the laboratory stairs door had been fastened during Friday or Saturday; the first time I ever knew it to be fastened. Ι Monday forenoon the express. man brought a bundle of grapevines, a box, and a bag, and placed them on our cellar floor; he had never left things in our apartments so before; but had always carried them to Dr. Webster's apartments, himself. Asked Mr. Littlefield to put the grapevines into the laboratory; he said he could not, as the doors were all locked up, and he went to the door and shook it, and said, You see I cannot get in. On Wednesday, saw Mr. Littlefield listening and trying to look through the key hole. saw Dr. Webster pass through our entry Monday, Wednesday, and Friday mornings. Wednesday morning saw him turn to go up the front stairs; not through the laboratory door as usual; Friday morning Dr. Webster came into our kitchen, took up a paper, and said, Mr. Littlefield, have you heard anything of Dr. Parkman? My husband replied, No, I have not, as near as I can recollect. The doctor then went on to say that a woman had seen a large bundle put into a cab; that the number of the cab had been taken; that they had been to see the cab, and that it was all covered with blood. Mr. Littlefield replied, There are a great many stories flying about; one does not know what to believe; and he then said to me that Dr. Webster knew a great deal more about it than he pretended; this was after the doctor had gone out; knew of Mr. Littlefield's beginning to dig through the wall Thursday and Friday; had to watch the doors, both days to see if Dr. Webster should come along. Friday afternoon thought I saw Dr. Webster through the window, coming; if Dr. Webster came, I was not to let him in until I had struck four times with a hammer which I had. When Mr. Kingsley and Mr. Starkweather went by I thought that it was Dr. Webster and Mr. Merrick. We object. struck four times and Mr. Littlefield came up; while Mr. Littlefield was out talking with them in the shed, Dr. Webster came to the college, went to the door of the laboratory and unbolted it; heard him unbolt it and take in the grapevines, and then he went away, leaving the door unlocked, as he had usually done before the disappearance of Dr. Parkman. Mr. Littlefield continued talking with the police officers. He then came in and went to digging again, and had not been more than ten minutes under the building before he came up; he seemed to be very much affected, more than I ever saw him before in my life. I said The Attorney General. I think, may it please Your Honors, that it may be a matter of some consequence, in the course of our examination, to show certain facts, which consist partly in appearances and partly in conversations, but which are yet facts, having a material bearing on this issue, and which, as facts, are admissible testimony. If it is intended to be intimated here, under any pretence, that Mr. Littlefield assumed to have found those remains, or anything which implicates him in the crime, it is most material to show what his appearance was when that discovery was first made; what he did, when he came out of that cellar, in reference to this subjectmatter, and when he found Dr. Bigelow. These are matters of fact, and not of relation. They are a part of the res gesta; substantially so, at least. Suppose the jury to be satisfied that these remains were those of Dr. Parkman. It appears from this evidence that they must have been there, either with the knowledge of Littlefield or Webster. Now the conduct of Littlefield, at first, is important; and it is proper to be testified to, as much as the language of a person when he comes away from a place in which it is charged that he committed a homicide. Would it not be admissible for him in such a case, if he is to be tried for the offense, to produce testimony as to what he said at first? I see no difference between such a case and the present, where the party is the witness and not the defendant. Mr. Merrick. We had supposed that precisely this question had arisen and been determined by the Court. Mr. Littlefield was called upon to testify as to what he said, and we have not objected to that. But we object to other conversations designed to corroborate him. The Court sustained us on the last occasion as to excluding conversations between the two; and we can see no difference between the ruling then and that asked for now. The CHIEF JUSTICE (after conference of the Court). It appears to us that it is competent to show Mr. Littlefield's manner and conduct and appearance; but not to give his conversation. Mr. Bemis. State, then, what were his manner and appearance when he came up, after discovering the remains. after Mrs. Littlefield. When he came up he appeared very much affected; more than I ever saw him before in my life. He bursted out a-crying, and said[The witness was checked and told that she must not repeat what he said. I can't say anything else, then, she ejaculated.] Mr. Littlefield shortly locked up the doors and went away. Mr. Trenholm, the policeofficer, came in after Mr. Littlefield went; he asked for Mr. Littlefield, and I told him that he was gone to Dr. Bigelow; unlocked the cellar door with the key of another door and Mr. Trenholm went down; he came up and said there was no mistake [Witness checked.] Mr. Trenholm remained at the col lege until Mr. Littlefield and Mr. Clapp returned; no one else went down while Mr. Littlefield was gone. John Maxwell. Live in Fruit street place; know Mr. Littlefield; knew Dr. George Parkman; recollect Mr. Littlefield's getting me to take a note to Dr. Parkman the same week that he disappeared; the fore part of the week, and about 12 o'clock in the day; carried the note to Dr. Parkman's house and delivered it into his own hands. John Hathaway. I am the apothecary and have charge of the medicines at the Massachusetts General Hospital; Mr. Littlefield made application to me for some blood the week before Thanksgiving; was not able to furnish it. The CHIEF JUSTICE directed the sheriff to swear a sufficient number of officers to take charge of the jury during the adjournment, and three were sworn accordingly. His Honor then addressed the jury, alluding to the necessity of adjourning over for the Sabbath, and for the remainder of the day, for necessary relaxation, and cautioned them against discussion or conversing about the case, as only one part of one side had yet been presented. He then directed the sheriff to provide as well for the wants and comforts of the jury during the interval as the nature of their situation would admit of.35 35 The jury, at their request, and by permission of the Court, were allowed to attend public worship on Sunday, in custody of the officers, precaution being taken by the sheriff to assure himself, through inquiry of the officiating clergyman where the jury wished to attend, of the absence of all allusion to matters connected with the trial, in the religious exercises. Sarah Buzzell. Am a niece of Mrs. Littlefield; recollect making a visit to them last fall; came on 19th November and went home the 27th; recollect hearing of Dr. Parkman's disappearance, Friday; heard them talking about it also on Saturday, Sunday and Monday. Joseph W. Preston. I am a student of medicine; have attended the last course of med |