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he said to me “go through that hole before you ;
sleep”—he gave me directions what to do in case
I found anything there; he told me if I found
anything there to go to Dr. Holmes in summer
set, and then come and tell him; he told me
to write my name on his slate, and he would un
derstand it. In the afternoon about 2 o’clock; I
went to Mr. Fuller in the foundry, and asked if
he could loan me a crow bar, he asked me what
I wanted of it, and I told him I wanted to
make a hole through a brick wall to car r y a
Cochituate pipe through, he replied “I guess
you do.” I got the bar and went home: I
locked every door in the housd so that Dr.
W. nor any one else could get in; I told my
wife not to let any one in; I also told her if
Dr. W. came not to let him in until she gave
four raps on the kitchen floor; I went down
under the building and worked half an hour;
I blistered my hands and went up and got a
pair of thick gloves, which I put on and went
down again; I worked some time longer and
found I could’nt make much progress, so I
went over to Mr. Fuller and got a cold chisel
and hammer, I then went down again and got
along pretty rapidly—l beared a rap of a ham
mer four times on the floor and I went di
rectly up stairs, my wife said “I made a fool
of you this time,” she said two men passed
here and she thought one of them was Dr.
W. but they proved to be Mr. Kingsley and
officer Starkweather, I went out and talked
with them: Mr. Kingsley asked me what place
there was in the College which had not been
searched; I told him where this place was and
Kinsley said lot us go in, I told them it was
all locked up; I saw Mr. Trenholm, police offi
cer, and being well acquainted with him told
him what I was doing and if he would come
back in about 30 minutes I would let him
know the result; while I was talking with Mr.
Trenholm Dr. W. came to where we- were
standing and said an Irishman had offered a S2O
bill to pay one cent toll at the house on Cam
bridge, that the Marshal had taken the matter
in hand, that it was thought very singular for i
an Irishman to have S2O; he then w ent away
and- I went down cellar again and went to j
work on the wall; there were five courses of i
brick in the wall; I had’nt been there five min- j
utes before I succeeded in getting through.
The drafi of wind came near blowing my light
out, after I got the light through the hole the
wind did not blow it; the first thing which I saw
was the pelvis of a man; I also saw the two
parts of a leg; the water was running down on
them from the side; I went up and told my wife
that 1 would go down to Dr. Bigelow's, and told
her what I had discovered; I locked the cellar
door, put the key in my pocket and told my wife
not to allow any one to go down there; my wife
spoke to me first when I came up, she asked
what the matter was; I went to Dr. J. B.’s as
quick as I could go; his servant girl came to the
door; f told her that I wanted to see Dr. if. very
much ; Mrs. 13. came to the door and asked me
what the matter was; I went right down to Dr.
Henry Bigelow’s in Chauncy Place; saw him
and told him what I had discovered : he told me
to go with him to R. G. Shaw, jr.’s, in Summer
street; we found Mr. S. in his study ; after 1 left
Mr. S.’s I went to Dr. Jackson’s; while at Mr.
S.’s the City Marshal came in; the marshal told
me to go right back to the College and he would j
soon be there; I went to Dr. B.’s and wrote my
name on his slate, and then returned to the Col
lege ; I found officer Trenore there; he told me
he had been down and seen the remains; the.
Marshal, Mr. Clapp, and Dr. B. came shortly af
ter; the hole w hich I made was near the north
corner of the wall; the height of the hole above
the ground was about three feet; I could stand
up straight while drilling the hole; the vacant j
space where the remains were, appeared to be j
lower by about one foot than the cellar where I
stood; the remoins were not immediately under J
the privy hole, but a little on one side;,the |
ground was shelving or slanting, so that any- j
thing dropped through the hole would naturally ;
slide off some way alter striking; the slant is to- |
wards the wall; there was no apperture in the
wall by w hich anything could float in or out; the
tide floats in ; the outside of the building is pro
tected by a sea-wall; I was under the building
with the City Marshal w hen the noise was made
above; it was occasioned by my wife and chil
dren running above stairs; I was there when
the officers went into the laboratory ancWiiscov
ered the bones in the small furnace; I don’t re- !
collect whether I went up into the private apart- j
merit of Dr. Webster, then or not; when Dr. !
Webster come to the College on Friday nignt, j
with the officers; I went up to the front door and j
lot them in; Officer Spurr spoke to me and said,
‘•We have got Dr. W. and he is very faint—we I
want to get him into the College as soon as pos- 1
sible”; Dr. Webster said.
“Mr. Littlefield, they have taken me away I
from my family—they have arrested me with
out giving me a chance to say good night to
them, he was very faint; perspired badly; he
was supported wholly by the officers; I let them
all into the lecture room; they then w anted to
go into the back private room where the Doc
tor’s chemicals were; 1 told them I knew noth
ing about the key or the room, that I never had
anything to do with that ’room; Mr. Tin-key
and myself got into the Laboratory through the
cellar door, by the laboratory stairs, the Doctor
left that door open himself; the officers w anted I
to get into Dr. Webster’s room; while in the j
back private room enquiry was made for the |
privy key; I told them that I never saw the in- i
side of it in my life—that they must ask Dr. W. j
for it; the Doctor said it hung on a nail, down
in the Laboratory; Starkweather took it down,
and tried it—found it did not fit the door; an
other key was got by direction of the Dr. which
did not prove to be the right key; finally he said ‘
he did’nt know where the key was; they broke !
open the door leading from his back private I
room to the side room; I looked around for a ‘
hatchet which usually hung up by a ring hy*the |
stove; I could not find it; 1 went down into the
Laboratorv, and found it in the sink: it was a j
carpente.L shingling hatchet; another hatchet ;
was found, done up in a paper, in a drawer in |
one of his rooms; when the officers were taking !
the paper otl’ Dr. W. remarked that the hatchet ;
had never been used; we then went up and
broke open the privy; 1 dont recollect whether j
the Doctor was there or not; w hile In the Lab- I
oratory the Doctor said he wanted water—l got j
him some; he took the turflbler in his hand, and !
every time he attempted to put it to his mouth
he started back and acted exactly like a mad !
dog; an officer took the tumbler “and put it to !
his mouth, but he could’nt drink; someone j
asked where the furnace was; I went to the fur- i
rtace and commenced taking the minerals off;
Mr. Pratt was there, 1 believe; someone spoke
and said ‘‘dont disturb it”; Mr. S. D. Farkcr and
G. Andrewss were there; the remains were
brought up through the hole or trap door and
placed in the front cellar on a board; Dr. W.
was led in from the laborators; while they were
nil in the presence of the remains, S. D. P., the
Commonwealth’s attorney for the county of
Suffolk, asked Dr. Gay if those were the remains
of a human body; Dr. G. said they were ; I ob
served Dr. W. sweat very badly ; tear ran down
his cheeks; the party then left; the remains
were taken in charge of by officers Adams, Rice,
Trenholm and Fuller.
That season I had received six tickets from Dr.
Webster, and sold three of them for sls each:
[The slippers found in Dr: W’s room, was here
shown witness.] I have seen them before; —
they belong to dh webster [The saw found in
the doctors room was also shown witness;] I
never observed but once before, and that was on
Saturday after the remains were found: The
knife found in the tea chest was next exhibited
to witness ;j nr: vv: showed me this nife the
monday before the disappearance of Dr Park
man ; he said to me see what a fine knife I have
got to cut corks with; I replied I should think
it was just w hat you wanted doctor I observed
the peculiar figure on tire blade at the time he
showed it to me; the Doctor’s usual working
dress was a pair of nankeen overalls and an old
coat; he wore the overalls the first dav the offi
cers came there; 1 think it was Monday or Tues
day ; can’t say how old they were; the doctor
always used to keep a key to the dissecting
room, also those of his own aparUnent; I saw a
bunch of skeleton keys found in a drawer in the
doctor’s back private room; I recollect seeing
two crash towels which were found in the privy
vault and a diapper roller; the diapper roller I
recognized.; the towels are marked “W:,’ The
Friday that Dr: P; disappeared I wiped my hands
on the roller; the roller was not marked to my
knowledge; I never saw but one roller in the
doctor’s room in my life.
[Here an attempt was made by the govern
ment to put in evidence the bunch of skeleton
keys, by exhibiting them to witness, for recogni
tion, but objection being made on the other side,
upon the ground that the government could hot
show that they had any material bearing in the
case, the court ruled them out:]
I was present when the towels were found;
can’t say whether it was Saturday or Sunday
w hen they were found ; never knew any part of
a human subject being used in Dr W’s depart
ment ; I once got the doctor a piece of muscle
for an experiment: [The roller was shown wit- :
nes:] It looks like the roller which I have used ‘
in the doctor’s room, with the exception of the j
holes and rags: It was whole the last time I saw j
it, before it was taken from the vault:
Joseph Sanderson, watchman. Saw Dr. Web
ster between Sunday and Thanksgiving day, j
after the disappearance of Dr. P. Saw him get j
out of the coach in Harvard square, between 11 j
and 12 o’clock at night. None of his family was j
with him. Several other persons got out ol the
coach. It was Monday, Tuesday, or Wednes
day night
Dr. W. Coeman. dentist. Thought the mo
del and teeth furnished sufficient means ot idea- :
tification. ;
Benj. T. Todd. I remember the Sunday at- i
ter Dr. P’s disappearance, being present and ov- i
erhearing a conversation at Craig’.; brt.lg'jii was
about dark; I was in company with Littlefield.
The tollman stood at the door, and there was
an old gentleman sitting in the back part of the
toll house. Mr. I* asked the tollman if any po- j
lice man had gone over, and he said they had.
but had gone back. Mr. Littlefield spoke of nr. |
webster having paid nr. P. some money, and !
said he also was concerned in the college, and |
said that he had seen nr. 1\ going towards the
college on Friday afternoon, uid not hear Mr.
Littlefield say he saw nr. Parkman going away
from the college. Recollect every word he said.
Isaac A. Russel. Know Mr. Wentworth, pro
vision dealer: think I have been in his company l
when he made a remark about seeing Dr. P. It i
was before his disappearance. It might have
been one day, and it might have been three
months. Have no recollection of seeing Dr. P.
near the time of his disappearance.
[Mr. Clifford said they proposed to show the
existence of a person resembling Dr. Parkman,
and that about the time of his disappearaneE, he
w as about the city, and the witness mistook him
for nr. P. Mr. C. said that this was a case
where the person in view had a very great pe
culiarity; and what they proposed to show
was. that there was another person who possess
ed the same peculiarities. The Court ruled that !
such testimony was too uncertain to be admis- j
sible.] j
George Fifield and Sam. Fuller, toll gather-;
ers on Craig's bridge, testified that the clock at ;
East Cambridge was a very inaccurate time- j
piece.
Boston, Nov. 31, ’l9.
Mr. Tvkey,
Dear Sir—l have been considerably interested |
in the recent affair of Dr. Parkman, and T think !
I can recommend means, the adoption of which j
might result in bringing to light some, of the
mysteries connected twith the disappearance of
the aforementioned gentleman.
In the first place, in regard to the searching of
houses, &c., I would recommend that particu
lar attention be paid to the appearance of cellar
floors; do they present the appearance of hav
ing been recently dug into, and covered up again?
or might not the part of the cellar where he was
buried have been covered by the piling of wood.’
Secondly, have the out houses and necessaries
been carefully examined? Have they been ran
sacked sufficiently?
Probably his body was cut up and placed in
a stout bag, containing heavy weights, and.
thrown oil'one of the bridges—perhaps Craige’s.
And I would recommend the firing of cannon
from sonic of these bridges, and from various
parts of the harbor and river, in order to cause
the parts of the body to rise to the surface of
the water. This, 1 think, will be the last resort,
and it should be done effectually.
And I recommend that the cellars of the hou
ses in East Cambridge be examined. Yours &c.
GIVIS.
Fisher A. Boswell, physician of Grafton had
occasion to go to the Medical College. Nov. 23.
a little before 2 f. m., and met Dr. Parkman
nearly at the top of the stairs., walking very fast:
called at the college again at 3 o’clock, and saw
31r. Littlefield.
[The Attorney General here rose and stated
that the defence for the government was all in,
when the Qourt at quarter past 2, adjourned to
half past 3. The whole number of witnesses
for the prosecution was 03, and about the same
number was expected to appear for the defence.
Sixth Day.— Sarah Buzzcll, who was
visiting at Mr. Littlefield’s in November, was
next called, and said she admitted a stranger
who rang the door-bell, the day of the disap
pearance, while Mr. L. was lying down.
.Tax. TV. Preston, medical student, saw Dr.
Webster Nov. 23, about 6 o’clock, entering
the carrigc-shed. Could not say whether he
entered the College. Thought it remerkable
to see him there at that time.
Wm. Calhoun, who is employed in the iron
foundry, was with Littlefield on Sunday du
ring the street interview with Dr. Webster,
and corroborated Mr. L.’s account of what
passed between them. Could not say how
Dr. W. looked—is not acquainted with his
manners.
Dr. J. B. S. Jackson, professor of Patho
logical Anatomy in the Medical College, was
apprised by Mr. Littlefield of his intention of
digging into Dr. Webster’s vault, and advised
him to do it.
Geo. W. Trenholm, police officer, knows
Prof. Webster. Saw him near the Medical
College, the Sunday after Dr. Park man’s dis
appearance. Heard him tell James H. Blake
that the first he heard of the disappearance of
Dr. Parkman, he read in the papers the night
before. He said he thought he would come
in and let his friends know that he had paid
him S IS3. Said he took the money up and
started —did not stay to count it; and that
Dr. Farkman told Dr. Webster that he would
go over to Cambridge and let the mortgage
bo discharged. On Friday, the day of Dr.
W.’s arrest, witness met Mr. Littlefield, who
told him he had commenced digging through
the wall, and that he had suspicions on Dr.
Webster. When going down the steps of
the college, saw Dr. W. who told him that an
Irishman came to Cambridge Bridge, and of
| sered a 820 bill to pay one cent toll—and said
! the toll-keeper thought it rather strange for
an Irishman to have a 820 bill. Said the toll
keeper asked him where he got it, and he said
jhe got it of Dr. Webster. He said the city
! marshal had the bill, and had sent for him to
see if he could identify it Said ho told him
; that he could not swear to the bill. He then
went off. Mr. Littlefield told w itness to come
back in about half an hour or twenty minutes;
he thought he should get through the wall by
that time. Did return, and assisted in taking
out the parts. Witness described the pro-
I ccedings, Prof. Webster’s appearance, &c. in
accordance with the preeeeding testimony.
Nath. D. Sawin, express man, has been in
the habit of carrying articles for D YV ebster.
Remembers bringing in to Boston the next
week after Dr. Parkman’s disappearance two
bundles of faggots, made from the cuttings of
grape vines, for Prof. Webster, an empty box,
about the shape of a soap Box, a foot and a
half square, and a bag of tan; took them
from Dr. Webster’s house in Cambridge, and
left them in Mr. Littlefield’s cellar. Was
told to leave them there by Dr. Webster.—
Had never recived any similar instructions be
fore. Had done these jobs for Professor
Webater f or three years; supposed he had
been to the College two hundred times. It
had been his practice to leave them some
times in the lower laboratory and sometimes
in the upper. Monday, when he left these
bundles, and tried the door, found it fast.
W ent there again on the 28th of November,
on Wednesday. Carried two boxes, one
about 2 1-2 feet long, 10 or 12 inches wide,
and a foot deep. The other box was about
a foot and half square. The large one was
empty, the other was not. Left these where
he left the others in Mr. L.’s cellar. The
grape-vines and box left on Monday were
there on Wednesday, but the tan he did not
see. Went to the college to see if he could
find the boxes, and he could find only the
small one. That was on Monday after the
arrest The jack-knife being shown to the
witness, he recognized it as one he saw in
Dr. W.’s hand Now 17th. He was trimming
the grape-vines, and had cut his hand.
Derastus Clapp, police officer, was sworn.
Dec. f>th searched the house of Dr. W., at
Cambridge, in pursuit of a package of papers
which Mrs. W. delivered to him. The pa
pers were produced, and identified by the
witness.
There were two notes, one for 8100, dated
June 22. 1812. and the other for $2,432, da
ted Jan. 22, In 17, given to the order of Geo.
I\, signed J. W. Webster. There was also
an account or memorandum in Prof, W.’s
writing. The signatures of the notes were
erased, and also the face of the notes was
crossed. A memorandum on the first note
stated that this was to be given up oil the
payment of Webster’s mortgage of Jan. 1847.
On the back, 1845, July 10, was the memo
randum—“interest is accounted by receipt,
and seven dollars principal, leaving due $303.
October 10, 875.” On the top of the note
there was a memorandum—“s4B3,s4 paid
Nov. 23.”
The large note was payable in four years,
with interest and one quarter to be paid year
ly. This note was witnessed by Chas. Cun
ningham. Below, in pencil mark, was a
memorandum—“ssoo of the above is G. P.’s
plus 332—832; for bal. see Mr. Charles C.”
—and on the top of it, a payment to G. P. of
$832. Dr. W.’s other mortgage and other
note to George Parkman of June 22, 1842, to
he cancelled. Then six words in pencil,
$832, 83 1-2
On the hack, Nov. 3, character for 7, $17,-
56 as per receipt. Then, in writing, 1848,
April 18, received one hundred and eighty
seven dollars 50-100, signed “G. I’.” Nov.
11 , one hundred and eighty-seven dollars, by
G. P. and receipt; and written across in what
would be shown to be the prisoner’s handwrit
ing, “paid” .
’J'he memorandum is in the form of a let
ter signed “C. C.” and addressed to Dr. W.,
showing the amount of his indebtedness to
Dr. P., dated in 1840. In pencil mark at
the bottom is a memorandum, in the hand
writing of Dr. Webster, stating that the bal
ance due Mr. Parkman, including interest,
was $ 483,64.
The paper was done up in the form of a
letter and addressed to Prof. W. ’lnhere was
a memorandum on the back of it in Dr W.’s
handwriting; “C. Cunningham, on debt due
Dr. P.”
(Mr. Clapp now produced a memorandum,
which he said he took from Prof. Webster’s
wallet on the night of his arrest, and put his
marks upon them to identify them.) Mr. Bo
nus read :
“Nov. 0, Friday, rec’d 8510,00
2141 10 out for Dr. Bigelow.
Cash from Dr. Pettee, $275 00
Dr. Parkman came into the lecture room,
and staid till students went out. He came to
me and asked for money. I told him to call
Friday, Nov. 23. He was a good deal excit
ed. Friday, Nov. 23, went to his house and
told him to call at half past one, and I would
pay him. He called, and I paid him $483,-
64, and he gave up two notes, and said he
would go and get the mortgage cancelled.
(The $234,10 out for Dr. Bigelow was a
note of Prof. W.’s for that amount held by
Dr. Bigelow, which was placed in Mr. Pettoe’s
hands and deducted by him from the amount
$5lO, which he was to pay Prof. Webster.
This left the amount which Mr P. paid Prof.
W. in cash, 8275,10.)
(Mr. Bemis said they also proposed to put
into the hands of the jury two memorandums
in pencil mark, that were taken from Prof.
W.’s pocket, one of which was $ 483,64.” —
On the other was “A jug of molasses: keys;
tin box; paint; solder.”)
The witness then described the search at
the Medical College, the arrest of Dr. Web
ster, &c., as already narrated by other wit
nesses.
Charles W. Little, stndend in Harvard
University, saw Dr. P. in Cambridge, Nov.
22, riding in a chaise.. He inquired for Dr.
Webster’s house, and witness directed him
to it.
Seth Petee, who collected the funds of the
medical college, and disposed of the tickets,
testified as to the payments made Dr. Web
ster for the tickets to his lectures. Nov. 29th
w itness took up Dr. W.’s note to Dr. Bigelow
for $234,10, and paid him $285,90 cash,
making $5lO. About the 14th made a se
cond payment of $lO5. On the 15th, gave
Littlefield, on an order from Dr. W., a check
for S3O; and Nov. 23d gave Dr. W. a check
for S9O. The first time witness saw Dr. P.
to know him was Nov. 12th. He asked if he
had any of Dr. w.’s funds in his hand. A few
days after he called again with the same in
quiry. witness told him he had just paid
over all he had. Dr. P. said witness would
have been doing justice to Dr. w., to himself,
and to all concerned, if he had retained the
funds for him; for now he should he obliged
to distress Dr. w. and his fsmily. He seem
ed to blame witness for not retaining the funds.
Cannot state his precise language. The pur
port of it was that Dr. webster was a dishon
est man; that he was not an honrable man;
not an honest man. And he said, you tell
Dr. w. so from me.
On the morning of the 23 of Nov. went to
the college to see Dr. w., to pay him over the
S9O. Couldn’t get into Dr. w.’s lecture room,
and went down by the stairs, and got into
i Dr. w.’s laboratory by Mr. Littlefield’s cellar,
went up the laboratory stairs, and found him
in his upper room. Excused himself for
coming so early in the morning, by some re
marks of apology. Told him Dr. P. had call
ed several times to know if he had any funds
of Dr. w.’s in his hands, and as he did not
w ish to have any trouble with Dr. P., had
come to pay him what he had then on hand.
Dr. w. and Dr. P. is a peculiar sort of man—
nervous; and he has at times been subject to
tits of aberration of mind : so much so that,
he believed, he did put his business out of his
hands, and that a Mr. Blake, a relative of his,
attended to it. After making these remarks
he said—“ You will have no further trouble
with Dr. Parkman, for I have settled with
him.”
Between 4 and 5 o’clock that afternoon
went there again, having been sent for by
Mr. Littlefield to fill out a set of tickets
for P. R. Ridgeway, who w-as to leave the
city the next morning. Dr. Parkman’s lan-
guage about Dr. W. was harsh, but I do not
recollect that it was profane.
John B. Dana, cashier of the Cambridge
Bank, has known Dr. W. about 20 years.—
On the 10th of Nov. he deposited $275,90;
being a check on the Freeman’s Bank; Nov.
15th, 8150 in bills; Nov. 24th, S9O, being a
check on the Freeman’s Bank. On the 23d
of Nov., the balance due Prof. W. was $139,-
16 cents. Received the S9O on the 24th,
and the checking produced till the Saturday
following the arrest. On Saturday, a trustee
process was served for the balance of $68,78
cents then remaining to his credit.
Daniel Henchman, druggist, let Dr. Web
ster have $lO on a check about 10 o’clock
A. M. Nov. 23d. The check was on the
Charles River Bank, Cambridge. It is dated
the 22d. Sent the check over on Friday, by
Mr. Holden, who reported on Monday, that
he sent it to the band on Saturday, and that
it was refused for want of funds.
James 11. Blake, Esq., a nephew of the
late Dr. P., corroborated the testimony of
Littlefield in respect to meeting Dr. webster
in Grove Street the Sunday after the disap
pearance. when w itness saw him he appear
ed to come from the steps of the college. He
took him by the hand very suddenly; but
did not notice anything very peculiar about
his appearance. He held him by the hand
during the whole time he was talking. He
appeared to be very earnest on account of the
family.
Rev. Dr. Francis Parkman, was brother to
Dr. George Parkman. Has known Dr w. a
great many years, while he lived in his fa
ther’s house at the North End, was his pastor.
After he removed to Cambridge visited his
family in the performance of pastoral offices.
This relation continued up to within two
months of the disappearance of his brother.
On the Sunday after the disappearance of
Dr. w., about 4 o’clock called at his house.—
Almost w ithout the customary salutation, he
at once spoke and said he saw Dr. P. on Fri
day, and paid him some money. He said he
saw the notice in the paper on Sunday eve
ning, but concluded that he would not come
over to see about it until after meeting. Dr.
w. described the appearacee of Dr. Parkman,
when he paid the money. His manner was
earnest. But witness could not help remark
ing that he manifested no surprise nor sym
pathy for their grief. He should sav Dr. w’s
sudden and quick manner, at the time, was
characteristic of his usual manner. But there
was a certain flurry of manner that-struck him
somewhat, but not deeply at the time. There
was an absence of tenderness for their situa
tion, considering the pleasant relations which
had existed between them, witness’ brother
was one of the most remarkable of men in
his punctuality in his family. Rarely ever
absent at meals. He has left a wife, a son
and a daughter. His daughter has been a
great invalid; of a very delicate frame; and
she was one for whom he w'as perpetually
anxious, and he was much with her. His son
was in Europe at the time, but has lately re
turned. Though he did not often lose his
temper, he was able to express himself in
strong language, but witness never heard him
use a profane word.
Seventh Day. —Ralph Smith, liquor deal
er, wrote to Dr. w. last fall, asking for the set
tlement of a small aeo ount, and received a
note in reply that the would pay lhe amount
when he had collected the fees from the med
ical students.
Samuel B. Fuller, polieceman, saw Prof. w.
the Sunday after the disappearance, went
to his house with Mr. Thompson to ascertain
if the mortgage had been cancelled. Dr. w.
went to an account book and turned over the
leaves two or three times, and appeared to
tremble badly. He then left the room. He
was gone some two or three minutes and
then returned, sat down in a chair, and said,
[ Concluded on fourth page ]
SOUTHERN SENTINEL
COLUMBUS, GEORGIA:
THURSDAY MORNING, APRIL 25,1850.
Pub. Doc.— Judge Wellborn ha* our thanks for
interesting speeches received during the past week.
Our Outside.— We presume none of our readers
will object to the monopoly which wc have this week
allowed to the evidence in the case of Professor Web
ster. No fictitious narrative of events which have
transpired alone in the mind of the novelist, can equal
in interest the thrilling incidents of this most won
derful case.
The South in Council.
The idea of the. South meeting in council is one
which carries with it so much weight., that few of
those who claim to be her friends, have positively op
posed the abstract proposition. The objections to it,
ostensibly, have been, that the time for action has not
yet arrived ; that the true policy for the South is to
wait until her undisputed rights are practically inva
ded, or until we can point to some overt act of hostil
ity on the part of the North, as a sufficient vindica
tion of our resort to extreme measures. As applied
to our intercourse with foreign nations, the policy
might perhaps be defended, but in our domestic rela
tions, it certainly will result in evil to both sections.
The homely adage, “an ounce of prevention is worth
a pound of remedy,” is as true in national as in indi
vidual disorders.
Suppose the friends of the proposed Southern Con
vention have been honest in the declaration of the
motives which have prompted them to its advocacy ;
suppose their design has been really to devise some
mode of amicably and honorably adjusting the differ
ences between the North and the South, and that the
charge of hostility to the Union, has been a false as
sumption of its enemies, is there a Southern man who
has yet or will venture to oppose that convention on
any other ground than that the time has not yet ar
rived for it ? The argument pre-supposes the wisdom
of such a convention when the time shall arrive, and
wc propose to offer a few reasons in support of the
position which we have all along held on this ques
tion, that now above all others is the tune for that
convention.
M e ask the impartial reader to er/iew the history
of this government for the last thirty years, and an
swer whether it discloses any thing worthy of the re
monstrance of the South ? But we would not confine
the retrospect to the history of the general govern
ment. Look at the indications of Northern senti
ment, as disclosed in their popular assemblies, their
newspapers, their pulpits, and their State Legisla
tures. The almost unanimous popular mind of the
North is opposed to the institutions of the South, and
nothing but the restraints of law have confined their
demonstrations to words. The Eastern, the Middle,
and the North-western States have all. so far as they
were able, doomed slavery to extinction. Gradually,
this sentiment is impressing itself upon the legisla
tion of the country, and it is because the progress
has been gradual, that the South has not long since
arisen to repel these inroads upon her institutions.
It is folly for the North to ask us to point to those
particular measures of the General Government
which would warrant the popular excitement at the
South. We might close our eyes to all else than
our staiute books, and there find sufficient grounds
for complaint., but these measures are but the expo
nents of a deep seated hostility among the people, and
bear just the same relation to this question, that the
throbbing pulse of the patient does to the raging fe
ver which is consuming him. We arc not groaning
under their infliction, but they indicate the presence
of a disease which, if not speedily arrested, must in
evitally destroy the body politic itself. This is the
disease, and what is the remedy ? The physicians
who would wait until disease had alarmingly attack
ed the vprv citadel of life ere he commenced to apply
his remedies, would deserve and receive the contempt
of all men of sense, and so we think the eases
are parallel. Suppose we defer all action until Con
gress has passed the Wilmot Proviso ? Our whig
friends say they would then meet with us in coun
cil ; they would then in good earnest enter upon the
work of redress. What sort of a convention should we
then have? Men goaded to desperation, maddened
by intolerable wrong, fired with a sense of insulted
honor and outraged rights, such men would assem
ble to vie with each other in fierce denunciation and
extravagant demands. Then indeed the Union
would be dissolved. The General Government will
have solemnly committed itself to a policy, and the
alternative would be, either dissolution or a clear
hack out by the government. We do not desire ei
ther. JVe do not wish to see this Union dissevered,
nor do we wish to see our national Legislature driven
to the disgraceful necessity of retracing its deliberate
ly taken steps. Let the South meet in convention
now, declare its rights and a determination to main
tain them, and the Union may be preserved, and the
South secured.
The Columbus Enquirer.
We announced last week our indisposition to quar
rel with our neighbors, forgetting at the time, that in
doing so, we wore but inviting attacks from those re
doubtable knights of the quill, whose valor is always
proportionate to the degree of impunity with which
it may be displayed. We entered the ring, a young
and inexperienced 1,1 colt,'’ and because we did not
breathe fire and fury all around us, every long-eared,
weather-beaten donkey suddenly imagines himself a
very war horse, and turns his heels lustily against us.
We still, however, declare our disposition to be at
peace with our neighbors, but if they persevere in
their demand for war, they shall be gratified.
We had been puzzled to ascertain in what wc had
so grievously incurred the Enquirer's ill will. We
know that the ostensible ground was, that we had, in
the estimation of our neighbor, slandered, the good
people of the South, but that we were well aware,
constituted no real oft'once with the Enquirer , for the
South and her wrongs had never seemed to disturb
its equinimity. Its bugle blast of Tuesday has reliev
ed us of the difficulty, and it is now very evident
where the shoe pinches. We had not bowed with
sufficient deference to the superior wisdom and ex
perience of our seniors. A “colt” had ventured to
“600” in the august presence of his antiquated majes
ty. Really we feel so much abashed at our irrever
ence that we do not now think we will ever “boo”
in that quarter again. But our neighbor has sudden
ly grown very deferential to public opinion. He saw
himself not long since, in his own very eloquent lan
guage, “ trotting along before ■public opinion” and
it turns out that he spoke with the “gifts of proph
esy,” for the public now sees him going through the
same motions , which he then foresaw he should.
He now congratulates himself that, it has been his
“fortune in the small affair of the Nashville Conven
tion, to be with that great mass whose opinions are
obliged to be respected.” So it might have been
ours, if, instead of consulting alone what we believed
to be the public good, wc had “laid low and kept
dark,” until we found which way the crowd was
going, and then have jumped from our hiding place
and rushed into the van, vociferously denouncing
what We had very sagaciously discovered, was un
popular.
YA e really do not know whether to appropriate the
j “silver spoon” Whether it was intended for us or
• not, however, it is an appeal utterly unworthy a pub
! lie Journal which makes any claims to respectability.
\Ye have seen the pettifoger in the desperation of his
cause make similar appeals to the passions of the jury,
and the Enquirer may have known of instances in
which it has been successfully practiced, and now
seeks to avail himself of its advantages. The editor
of that paper probably Was not “born with a silver
spoon in his mouth,” and we do not say he needs to
be pitied for it,; certainly We do not ask him or his
readers to think the more of us because we happened
to such a “misfortune ,” and we scorn the spirit
which offrets to think less of us on that account.
Our neighbor might with equal justice claim the ad
miration of his readers on another score. He was
not born “with a jewel in his head.”
Compromise vs. Settlement.
The Enquirer asks, “are there men base enough
to hope that there will be no compromise, no settle
ment of our troubles by the regular agents of the
government?” If the words which we have itali
cized, “no settlement,” are removed, we place our
selves exactly in that category, whether it be de
nounced as “base” or commended ;ts noble. AA'e are
opposed to any and every compromise, properly so
called. YY’c do “hope there will he no settlement of
our troubles,” in which the South will be called on
to make any further surrender of her rights. If we
conceded enough in the formation of the constitution,
then it is an insult to ask us to make larger conces
sions now ; if we have not conceded enough to satis
fy the North, then our answer is, we will do no
more to preserve an alliance with men whose good
will has to be purchased with submission. Can any
one inform us where is the necessity for compro-
I mise ? AA T e never yet have seen it. It may be ne
cessary to preserve the Union, but would it not be
well for us to consider whether the Union will be
worth any thing to the South after she has surren
dered all her rights to preserve it ? AVc take higher
ground ; Congress has no authority to compromise
the rights of the South. Whatever that body may
constitutionally do, can in no sense be called a com
promise whatever is unconstitutional, it may not do,
even for the exalted end of preserving the Union.
Does the Enquirer think that Congress car) constitu
tionally pass the “Wilmot Proviso?” If it cannot,
can it apply its provisions to territory lying north of
36 deg. 30 min. north latitude ? Away with your
smuggled provisos. AVe have carefully read every
proposition which has been made in Congress for the
settlement of our troubles, and there has not been one
which des> r /ed the name of compromise which has
not involved the AYilmot Proviso. Against all such
compromises we unhesitatingly declare ourselves.
For a settlement of our troubles, an honorable and a
sufficient settlement, we do hope, and when such an
one is offered, we stand prepared to advocate it,
whether it oomes from the North or from the South,
from AVhigs or Democrats.
Professor Webster.
At the earnest request of several of our readers,
! and prompted by a desire to gratify what we know to
j bc 8 ™ry general curiosity, we publish this week all
the testimony elicited during the celebrated trial at
Boston, which has just resulted in the conviction and
; death sentence of Professor AVebstcr. Our readers
; can, from a careful sifting of the testimony; form a
verdict upon the facts ; we have done so, and despite
the sympathies of our nature, and the general ex
pßessions of our cotemporaries to the contrary, we
i must endorse the verdict of the jury which sat upon
the case. AA e can not have such a doubt of the pris
oner’s guilt as would have justified us in voting for
his acquittal. AV e can not doubt that the remains
found in the vault, were those of Dr. Parkman ; we
can not doubt, (that fact being true,) that Dr. Park
man came to Lis death by violence. AVe can not
doubt that Professor AVebstcr was the author of that
violence, and finally we can not doubt that the cir
cumstances of the killing constitute murder. But it
is needless to comment upon the evidence—our read
ers may read and determine for themselves. Peti
tions for the pardon of the unfortunate convict, are
being circulated in various parts of the country. AVe
might consent to assist in this appeal to the mercy of
Gov. Briggs, but we should do so, fully impressed
with the propriety of the verdict of his jury.
“Spirit of the Democratic Press.”
The Macon Messenger and Journal is evidently
delighted at the indications of a want of harmony
among the Democratic presses in this State, on the
southern question. In this delight, the Messenger
doubtless has the cordial symvpthy of all the other
organs of northern sentiment, here and at the North.
Ihe Democrats are divided ; we confess it with sor
row, but our regrets at this dissension do not exceed
our mortification at the unanimity with which the
AVhig presses are united in an abandonment of the
cause of the South. If it is any gratification to our
AA'liig contemporaries to know that Democracy itself
has not been proof against the poisonous infection
which AVhiggery has breathed over the South, they
may strike their cymbals. We may go still farther
in our congratulations. The AA hig presses, not onr
ly of Georgia, but of the Union, are harmonious.
Scarcely a discordant note has interrupted their
songs of treason. The National Intelligencer is the
leader of the baud, and the Messenger, et id omne
gmus, incline their ears occasionally to catch the key
note, but it matters very little about the character or
the sentiment of the chorus ; it is alike a matter of
indifference whether it is in laudation of the Presi
dent, a pecan to the Union, or a sneer at the South.
The Agricultural Society.
We would remind our agricultural readers that
the 2d Monday in May next is the day on which you
are invited to assemble in this place for the formation
of an Agricultural Society. AA'e know there is a
prejudice existing in the minds of many men against
these associations, and we are aware that this preju
dice is not without seeming foundation. AA’e have
heard of a president of an Agricultural Society, buy
ing corn in March, and we confess that, it looks rath
er unfavorably for the advantages to be derived from
these sources, but such an instance is one against a
thousand, and argues, not a defect in the system, but
in the man. AA e have heard too of members of such
associations making as much cotton and corn on one
acre as their neighbors make on three, and of rich
harvests being reaped from fields which had for
years been abandoned to pine thickets, broomsedge
and red gullies, and we have heard of these things
much more frequently than we have of the corn buy
ing. If the proposition can be demonstrated that the
planter with ten hands can as easily make fifty bales
of cotton on seventy-five acres as he does on one hun
dred and titty, we presume that nobody will have
any very strenuous objections, at least, to making
the experiment. AA ell, come up and join this socie
ty, and if we are not mistaken, you will ere long be
prepared to demonstrate its truth on your own prem
ises.
The Mails.
AVe were so completely disgusted with the cease
less abuse, heaped upon Cave Johnson by the whig
press generally, for the “failures of the mails,” that
we had determined never to echo the cry. Long
since, however, the “failures” have become intolera
ble, and we have desisted from noticing them, hop
ing that our whig friends had not distributed their
standing head “no mail again” and would save us
the trouble of setting up a complaint. Stangc to
say however, they became so accustomed (we sup
pose) to the failures under Mr. Johnson’s adminis
tration, that they do not even notice Mr. Collamer’s
delinquencies. But we can’t stand it any longer.
A\ e are within the bounds of truth when we say
that since the first of January, we have more fre
quently had either total or partial failures, than we
have had lull mails. We do not know whether the
fault is in Mr. Collamer’s department, but we do
know that the mails are dreadfully out of joint, arid
that it is Mr. Collamcr’s business to see that they
are regulated.
I lie following is the vote by which Gne.
Foo'e's proposition was adopted,
YEAS.—Messrs. Atchison. Badger, Bell, Bor
land, Bright, Butler, Cass, Clay, Clemens, Davis,
of Mississippi, Dickisoii, Dodge of lowa, Downs,
Foote, Hunter, Jones, King, Mangum, Mason,
Morton, Pearce, Rusk, Sebastian, Soule, Spru
ance, Sturgeon, Murney, Underwood, Whitcomb,
and Yulee—3o
NAYS—Messrs. Baldwin, Benton, Bradbury,
Chase, Clarke, Corwin. Davis of Massachusetts,
Dayton, Dodge ot Wisconsin. Douglas, Felcli,
Greene, Hale, Hamlin, .Miller, Norris, Phelps, Se
ward, Shields, Smith, Walker.and Webster—22.
Absent —Messrs. Barrien, Cooper Dawson, El
more. Houston, Pratt, Uphum. and Wales—B.
The Senate proceeded to ballot for the Com
mittee, and the following Senators were chosen.
Mr. Clay. .Chairman
Cass Mr - King
Dickison “ Mason
Bright “ Downs
Webster “ Mangham
Phelos “ Bell
Cooper “ Berrien.
The Committee of Thirteen.
Senator Foote’s proposition to elect a committee
of thirteen Senators, to which should be referred all
the matters connected with the slavery question, has
j at length passed the Senate, by a vote of 30 in its
j favor and 22 against it. AA’e are glad of it. The
bone of contention will now be fought over in the
committee room instead of the Senate Chamber, and
there is some hope that other subjects of legislation
may now receive the attention of our law-makers.
But we are specially rejoiced at the prospect now
afforded of a settlement of the question, one way or
the other. The Senate u ill doubtless place its lead
ing spirits on that committee, and there is some hope
that their great and patriotic minds, uninfluenced by
the passion ot debate, may carve out some mode of
adjustment by which the Union may bc preserved
and the honor of the South maintained.
Girard and Mobile Rail Rond.
AA’e are very happy to learn from the Montgome
ry Journal that we had misapprehended the state of
feeling in that city, on this road. So far from there
being any opposition to it, the Journal thinks “it
w ill bc seen to resnlt beneficially in an eminent de
gree, to Montgomery.” It affords us nnafll-cted
pleasure to learn that so far from there being any
conflict of interests between Columbus and her
sister city, that they are exactly coincident. We
shall certainly bc rejoiced at the prospect of an in
trodution by steam, to our neighbor, and hope
tiiat as the iron horse annihilates the distance be
tween us, these two thriving cities may be
come rivals and friends in all the elements
mentsof prosperity, wealth and happiness. AVe
shall not join issue with the Journal in its estimato
of the comparative advantages to result from this
Road to Mongomery and Columbus ; we are per
fectly content with the share which We are satis
fied will fall to us, and hope that our neighbors wili
never have cause to grumble at theirs. It seems
that the prospect of the immediate construction of
the Girard Road has given rise to another project
in Montgomery for the construction .of a Rail Road
from that city to the nearest point of the Girard
Road, which is said to be a distance of only 25
miles. Success to it. /
Mr. Clay.
The National Intelligencer savs :
“The Journal of Commerce severely and just
ly censures the so called religious press, which
brings to bear its batteries against Messrs. Clay,
Webster, and Cass—the Northern men now
struggling to settle the slavery question in
peace and according to the constitution and
its compromises.”
YVe had for some time thought that Mr. Clay
lived on the wrong side of Mason and Dixon’s line.
AA’e perceive from the above that the Northern pa
pers begin to claim him, and the Intelligencer, a
Southern Whig organ acquiesces in the justice of
the claim-
Drowsed. The Apalachicola Advertiser says
a lad named Henry Thompson, who formerly lived
in Columbus, was drowned in the Bay on Friday,
the sth inst., by the capsizing of a sail boat.
Disgraceful Scene in the Senate.
Washington, April 17,
In the Senate to-day a fracas occurred between
Foote and Benton. The latter, in his remarks, said
the South Was crying “wolf!” when there \vas no
danger, and that the Southern Address Was the
cause of it. Mr. Butler replied. Mr. Foote follow*
ed also in reply to Mr. Benton, in remarks of a per
sonal character, and in an excited tone. The A ice
President did not interpose. Mr. Benton moved has
tily, and in a hostile manner towards Mr. Foote,
both their seats being in the outer row. Mr. Foote
hastily left his position for the area fronting the
A'ice President’s chair, and presented a pistol to*
wards Benton. The latter was not armed, but
called on the Senate to notice this, or members
Would arm themselves with weapons. Mr. Foote
said, “I act on the defensive, I supposed he intended
to stab or shoot me, and left the seat to defend my
self without endangering others.” Mr. Benton ex
claimed, “It is a lie, and a cowardly pretext for as*
sassination. I never carried arms.” The Senators
were panic stricken and palsied. Any investigation
must appear ridiculous, but a committee of seven was
ordered for that purpose.— Mercury.
The Massachusetts Legislature has passed a
liquor license law, prohibiting the sale of all
spiritous or fermented liqyors in a less quantity
than twenty-eight gallons, except for medicinal 1
purposes. It auth rizes town corp rations ter
appoint suitable agents for the sale of liquors,
who shall be paid for their services from the
corporation treasury.
Mr. Hilliard, of Alabama, has been for some’
days detained from his seat in the House of Repre
sentatives, by a severe indisposition of a member of
his family.— Republic.
Significant. —The National Intelligencer thinks
that the views of the Columbus Enquirer on the
Nashville Convention are “entirely rational.” Grat
ifying intelligence.
3.7’ The favor of our New Orleans Correspondent
reached us too late for to-day's papr.
Election ok Clerk.— I The Hon. Richard M.
Y oung, of Illinois, formerly a Senator in Congress
from that State, and more recently, Commissioner of
the General Land Office, was yesterday elected to the
office of Clerk of the House of Representatives, made
vacant by the death of Mr. Campbell. Although
our personal and party predilections would have led
us to a different choice, it is due to Air. Young to
say that the House could not well have chosen a
more unexceptionable gentleman, or one more likely,
with experience, to make an able and efficient officer.
Arrival cl the America#
14 days later from Europe—Advance in Cotton.
The America reached Halifax on the 18th inst.,
bringing Liverpool accounts to the 6th inst. There
had been an advance in Liverpool of 3-8 of a penny,
consequent on the news brought by the Canada.
The sales of the fortnight reached 06,000 bales, of
which speculators took 17,000, and exporters 5,500.
Nearly all the business was done during the last
week. Brown Shipley’s circular quotes fair Or
leans at 7 1-S. Fair Mobile, 6 3-4. Upland 6 5-8.
The Boundary Line between Georgia and Al
abama.
The question as to the extent of Georgia’s claim
on the western bank of the Chattahoochee has been
decided recently by the United States Circuit Court at
: Savannah, in the case o{“Jloicard J- Echols vs. In
i gersoll.” The action was for trespass ri et ami’s
and prayed for damages to plaintiff’s right of fishe
ry. The object of it was, however, to try the ques
tion of boundary. The following was the opinion of
(the presiding) Judge Nichols.
In the Sixth Circuit Court, U. S., for -the
Southern District of Georgia.
John 11. Howard and A
Josephus Echols V Action—Trespass
vs r vi et armis.
Stephen M. lngersoll. J
Per Curiam —Any violation ofthe proper
ty of another is a trespass, hut to enable
the plaintiff to recover, he must show a ri<dit
of possession, and as in this case, the right
of possession is claimed as an incident to the
right of property, the Plaintiff must show a
title in himself.
The plaintiffs claim title directly from the
State of Georgia, and the extent ofthe title
which the State had a right to give is regu.
lated by the article of cession. These arli
cles are laws which it is the peculiar pro.
vince of the Court to construe.
By these articles of Cession, the Western
boundary of the State of Georgia is a line
drawn directly on the Western hank ofthe
Chattahoochee River to the great Bend.
It is claimed by Council for Plaintiff*’, that
this line he drawn on the hank as defined
when the water is at its highest stage. By
the counsel for the defendant it is contended
that a river forming the haundary between
; two States is held “ad medium filum aquae”
by each. The Court differs from both of
| these positions and holds that a mean course
; between the two is the just construction,
j The line runs along and with the bank, and’
| adheres to it, and the word “hank” used with
regard to a river, where the tide does not ebb
and flow, is the hie mater mark in the lowest
stage. The bank therefore in this case, up.
on which the line runs, is the edge ofthe low
water mark on the western bank of the riv.
cr.
A river consists of three parts, water, bed
and banks. Tribus constant flumina salveo,
et ripis. These three must always touch.
The bed is that which is covered with water,
in which water always flows; which is under
water when the river is at its lowest stage,
and the boundaries of the bed are banks.
The bank is that which contains the river
in its constant course. “Ripa aulem ila ree.te
dcfinclurid quodjlumcn cotitinct naluralem rig.
orem eursus sui tenens”
YY hen a river returns to its perpetual course
then the bank appears. If the water in its
! high stages were considered the boundary of
the banks then in low water ‘here would be
an interval between the bank and the river,
whereas these must adjoin each other.
In the case of Child vs. Starr, Hill, N. Y..
these principles are clearly laid down. The
word shore and bank signify earth arising on
each side ofthe water; the bank and water
adjoined each other; you cannot own one
without touching the other. If a partv owns
the shore his possessions extend until they
touch ihe water. Chancellor YY'elworth, de
fines a shore to be, that part of the river which
is alternately dry and covered with water.
Applied to a river without ebb and flow—it
means that part next the water in the lowest
stage, a grant to the river conveys title to
the edge of the water in its lowest stage,
rhe intendment of law is in favor of a ripar.
ian proprietor.
Ihe terms, owner of the bank, shore or
soil adjoining the water or lands adjacent
to the water are all used by celebrated wri
ters as cquivolent to the term proprietor of
the stream, “ad medium filum aqua.” If the
possessions of an individual be separated
from the bed ofthe river, by even a mathe
matical line, he is not a riparian proprie
tor.
There are rules on this matter with regard
both to public and private rights. The
rule as to public rights is as I have stated,
and it is a just and politic rule, each State requiring