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MORNING NEWS.
BY JOHN 91. COOPER.
W. T. THOMPSON, EDITOR
TtRMi:
DAILY PAPER $4 00 | tri-weekly $2 00
All Now Advertisements appear in both pnpers.
Tr^al of Professor J. W# Webster.
M
>
Ills CONVICTION AND SENTENCE.
Mr. dHffhrd closed bis argument at 5 min
utes before 5 o'clock, and Chief Justice Shaw
remarked to the priioltcr that if he had any
thing to say to the jmy before he charged them
upon the features of thu case, ho had liberty to
say it.
Professor Webster’s Address.
Tiio prisoner nr.<se and addressed the jury.
He commenced in rather a confused manner
without addies.lng, directly either bench or
jury, and said l *
‘•I have desired to enter into an explanation
of the complicated het-work of circumstances
which by Injr peculiar position, the Government
has thrown around me, and which in nine cases
but of tun, uro completely distorted, and pro
bably nine-tenths of widen could be satisfacto
rily explained. All the points of the testimo
ny nave 1 been placed i.i the hands of my counsel,
by whom my innocuneo could huvo been firmly
<’ -established.
Anting entirely under their direction, I have
seeled my lips during my confinement, trusting
tnyselt entirely to them—they have not deem
ed it necessary, in their superior wisdom, ip
bring forward the evidence which was to exon
erate me from a variety s»f these acts. Tim
Government have brought whatever consumate
ingenuity could suggest against me, and I hope
it will nut have an undue influence upon the ju-
ry. I will not allude to many of the charges.
There is one which touches me, and that is ihe
letter which lias been produced, stating thut I
had, after the disuppen mice of Dr. P., purchas
ed a q luntity of oxalic ucid to remove the stains
• 1 blood, and it instantly occurred to me that
this parcel might be savod and produced when
r necessary.
For several days Mrs. W. had requested
me to purchase some acid for domestic use,
and-my wife hod repeotedly laughed ut mo be
cause 1 lmd not purchased it, I had borne it in
mind that afternoon, and had gone into Thay
er’s storw under the ltevere Hum?, mrtdo tho
purchase, waited till the Cambridge Hourly
came along, and then jumped into tho omnibus
with th* bundle. 1 went home und gavo the
bundle to my wife, mid when afterward, I hoard
so-much said about the bundle, it flashed on
my mind in c moment that tliis must,tic it. It
was to this bundle, and not .to any document
that I referred in the direction of my wjfo.
* As regards the nuturo of cojiper—in the usu
al lectures preceeditl£ my arrest, I had occasion
to use the inflnenco of eiiemicul agents in pro
ducing changes of various subjects—among
others, upon go so a. I prepared a large quantity
©f oxalic ucid gas,agallon )ur whs filled with gas
in order to produce the elmngosfroin dark col
or to orange, and also in air, on great heat be
ing applied to tho jar. The gas was drawn
through water. As to the nitrate of cup
per spilt on tho stairs arid floor of the luhora-
torv, it whs spilt accidentally from a quantity,
mui'by me, in my lectures between the day of
-Dr. P.’s disappearance and my own arrest. So
I might go on in explaining a variety of circum
stances which have been distort Oil.
My counsel ltuve depressed me to keep
calm—my very calmness has been made to
1 bear against me ; but my trust has .been in my
God and iny own innocence. In regard to mon
ey I must say a word. The money which I
paid Dr. P. on the afternoon of Friday, No
vember 23rd, I had saved up from t.mo to time
and kept it in a trunk in my house in Cam
bridge, but, unfortunately no one ever saw me
lake it gut,; therefore, 1 can only give my word
that such is the fact. Several years ago I had
s'udenls, who were in the haldt ot being in my
laboratory, and who injured my apparatus ;
therefore, I prepared every thing for my own
use in my lectures with my own hands—and
that is tho reason why I excluded.persons from
my laboratory.
As regards my whereabouts from the hour of
Dr. P’s disappearance, I huvo put into my
counsel's hands satisfactory information, which
will account for every day l had spent during
that week, lor every duy arid every hour. 1
never was absent from homo. As to being seen
by Mr. Sanderson, I was at home every eve
ning. One thing that lias been omitted by my
counsel was that on the Fridav on w hic h ihe al
leged murder was said to have been committed,
1 had purchased llumbolt’s new work,‘Cos
mos.’ and while waiting for an omnibus, step
ped into Brigham’s to tuke a mutton chop, and
on coming out to take the omnibus hud forgot-
ton my bonk, but uftor my arrest, iomembered
the place where I had left it, and mentioned
it to my counsel-—They had sent to Mr. Brigh
am’s, und the book hud been found.
He then took his seat, but in a moment rose
and said—
I will sny one word more; I have felt very
much distro*“d by the production of those
anonymous letters; more so than by anything
t' at has occurred during the trial. I call my
God to witness, that if it were the last hour of
my life, I would sny that I -never wrote those
letters.
Since the trial commenced, n letter has been
received from this very‘‘Civis’’ by one of my
counsel. If this person has any spark of hum
anity, I call upon him to come forward—a no
tice to this effect has been put in tho papers.
Prof. W. having said this, sut down. A
deep impression was mado upon the jury, ihe
Court and the spectators, by the solemn
earnestness exhibited by the prisoner in his re
marks.
Charge to the Jnry.
Chief Justice Bhavv then rose to deliver
his charge to the jury, remarking that ho had
thought proper lo continue the proceedings, as
fir as to deliver his charge in the case to them,
because lid) nature of the principle developed
itrthy proceedings were such as would not re
quire him to occupy their attention a mnch lun
ger timd.
Gentlemen.—I rise with the deepest sense
‘ of the responsibility which presses upon this
tribunal. You have been so long engaged in
lids important ea*o that I cannot detain you
' much longer in suspense. I shall not, at this
late period, keep you long confined in consider
ing the fact* which have been so fully laid ba
' fore you, and it is mainly a question of 'facts
I shall rattier dwell upon a few jd.rinjprinclpres
’ it is thp nature ol our iuv.s, under w hich bur
live* are secured to distribute to the several
orgptja of^g'.veruiTient each its several depart
ment of duties, and each li responsible for his
! dv»n. W© life aft b'?ro to make tfiV laws, but
to execute them. This indictment churges the
prisoner at tho bar with murder. Murder is
the highest species of homicide. Homicide is
a genornl term, including several degrees; some
of which ure justifiable, such as these commit
ted in justifiable war, or by the officers, of jus
tice, with propet Win runts; but I need not dwell
on them. The statute law only, provides that
wilful murder shall bo punished by death; but.
that is not the only law in force nraungat us. We
have the common luw. Tho common law was
received by our ancestors froth England, hut is
ronlly as much in force among us ns any other,
and may be onllcd the common low ol Massa
chusetts. The Chief Justice read from a mem
orandum on the nature of malice.
In murder, to eseapo the imputation of ma
lice, tho prisoner must prove the provocation,
the accident, or any other circumstance which
goes to preclude the malic”—otherwise it is
argued from tho act itself. No provocation
of words, hoWever opprobrious, will mitieute
the motive for a mortal blow.or one intended to
produce death, so as to make it manslaughter
where there is an intention to kill. If there is
sufficient provocation it is manslaughter, but
words are not a sufficient provocation. Malice
is implied from any deliberate, cruel act against
another, however sudden. When there is a
blow of a doudly or dangerous weapon, with
intent to do some great bodily harm, and death
ensues, malice is presumed.
If a man, provoked by X blow, with a feeling
of resentment returns it, and kills his aggressor
it is not excusuble; but it is less crime than
murderf it is manslaughter, withlieutof blood.
We see no evidence in this case of any provo
cation pr hont of blood. There were angry
foldings, but they do not, amount lo a provocation
or ii heat of blood sufficient to render the crime
manslaughter.
In this case a charge war made against an
individual of having, in some way or other,
produced death. No one saw it dune. The ev
idence is altogether circumstantial, yet it. may
be sufficient to produce a reasonable conviction.
Crimes are secret.
Thero is a necessity of circumstantial evi
dence, otherwise wo could nqt. protect our
selves from crime. Each sort of evidence has
advantages. ’There is no common stundurd
of comparison. We may often arrive at as
sure a conviction by circumstantial ns by pos
itive evidence. The inference from tho facts
should ho a natural or a necessary nmy, and each
fact should bo proved by itself. Snpposq in
the present case the teeth are found to he those
made for Dr. l’arknian before his death ; that
fact is itself sufficient to establish the conclu
sion that the remains arc his, if no other facts
are found repugnant to this.
Tiie allegation is that ho entered the Medical
College about two o’clock, and never came out
of it alive. Search was made during- the
week. The next Friday human remains were
found under the Medical College The place
was taken possession of by the police. Inves
tigations were mad , nnd tho remains were de
clared to he those of Dr. Packman- Is this
proved 1 It is proved that he disappeared
from his homo on Friday afternoon, and did
opt come back to dinner, u«d never cume back;
this is established.
Has it bean proved lljat ho was seen any
where after tho hour he is said to havo enter
ed the college ? As to the testimony of Mrs.
[latch. Mr. Thompson, Mr. Wentworth, Mr.
Cleland.Mrs. Rhoades and her dn ugh ter, and
Mrs. Grenough, I need not comment particu
larly. It is to he compared wiih the proof on
the other side. When such n great event hap
pens, tho wholo comunity is thrown into n com
mittee of inquisition, und t. lurgo number of
lines of inquiry are instituted ; a grout munv
persons are found who have seen the object of
the search.
It became knowu on Saturday evening that
Dr. Packman,» man known to almost every
body, had disappeared. Tho whole communi
ty were put upon their recollections, and would
it. he strange if >i great many had seen him, and
yet have been mistaken 1 It they hud not been
mistaken, would not-pllters bo found, when all
were intent, who would testifiy that they Bmv
him also? This negative evidence, it is true,
is not conclusive in it-elf but it goes to destroy
the positive,evidence, for we can hardly con
ceive that if there had been no mistake in those
who saw him ns to his identity or the time, a
great many others would not also have seen him,
and would not have recollected it the next day.
If Dr. Parkmun went to the College at the
invitation of Dr. Webster, and was thciukdl-
adby him, all question, of implied malieo is
put out of the question, for it was done by ex
press malice. Dr. Webster admits that Dr.
Pnrkman came there, and, us ho says, he paid
him money. It is in evidence that Webster
atuid there that afternoon, nml left thereabout
6 o’clock. In so much as Dr. Parkmnu lias
neverbeen seen since that nfternnon, if ilshould
appear that the remains found in the appurt-
menls of Dr. Webster were identified as his
body the alibi is of no consequence.
In a recent case in Richmond a man was
stabbed wiih a knife; a man was arrested who
had a knife in his possession tho day before ;
the handle of the knife was found brokon oil'
near the deceased. It was sworn to be that
which belonged to the prisoner tho day before ;
and, on a poet mortem examination, a blade
wus found which by the scratched edges of the
broken steel, tallied with that of the handle.
This circumstance wus allowed a great weight.
When a circumstance of this kind is establish
ed, then tho ubsooce of unv testimony to t he
contrary—the proof of concurrent circum
stances—iias a strong tendency to strengthen
the conclusion.
When a party has attempted to suppress
proofs, the circumstance acts to prove a con
sciousness of guilt.—When we apply these
principles to a case, certain rules are to ho np-
plied. First the circ.ums’ances upon which
the conclusion depends are to be fully proved ;
second, all must connect together; no one must
be inconsistent with an act of this nature or
alibi. An alild meuns elsewhere, if a mao is
charged with being in one place nnd he can
prove himself in another at the time, then be
must escape. This is u mode of defence which
easily suggests itself and may bo secured by a
little Contrivance. Third, the circumstances
must not only limit the guilt of the party, hut
they m iet bo such as to exclude every other
reasonable hypothesis. They must exclude nil
reasonable doubt. Whht is a reasonable doubt ?
It must be more than n probability.—The facts
must be such os to implicate the defendant
also.
We must now, gentlemen, apply these prin
ciple* to. the present case. The indictment
charges J. W-Webster with the murder of Dr.
George Parkman, op the 23rd of November
last. Tho indictm»nt has been referred to by
the defence, and wo have taken t|w mattpr ih-
toconsideration. It if the rule r.« law that the
j mean* and manner of the crime shall be set
I forth, to that the prisoner , tuny prepare for Id*
defence ; yet if death is produced in some new
mode, the’lnw will not let the criminal escape.
It has general rules which provide for new ca
fes. The last, counts sets forth that the pris
oner assaulted and killed George l’urkmnn, in
some manner or by some weapons Unknown to
the jury.
The cimrl me of. the opinion that, this is n
count. Dr. l’arknian mnv have been assaulted
with chloroform or ether, which stupified nnd
mode him insensible and then death would have
been caused by the wenponsunkuown to thp ju
ry, and the jury were only hound lit set forth
all they knew* What is necessary to be prov
ed ? First, it is necessary to prove the corpus
delicti, or tho killing so ns to exclude suicide ur
accident. Dr. Parkman was in good'health,
as appears by Mr.' Shaw, that morning. We
come now to the teeth. These nro the princi
pal signs of identification. T hat ihe other
parts of tho body did not differ in any materi
al respect f'om Pnrkman’s, proves little in it
self, hut becomes verv important, if it is made
out that tlic teeth were liis.
It is a serious inquiry, whether by the corres
pondence of the teeth to the mould, the iden
tity can bo made out. Wo must roly only on
the evidence of those who havo made this sub
ject iheir study. Dr. Keep indent,ified those
teeth 'without hositaiion, pronounced them Dr.
Parknmn’s, and he bus explained to you the
reasons which confirm him in that opinion.
You have also heard tho testimony of Di. Noble
to the same effect. Dr. Morton is of opinion
that the characteristics of tooth are not such as
to enable a dentist to identjlV his Wurk, under
such circumstances, with cerluinty. Throe
other eminent dentists have boon culled, who
are of a different opinion,and confirm Dr. Keep.
This evidence is, undoubtedly, to bo receiv
ed with euro. It is of the same nature of that
which is applied to fossil remains.and by means
of which a singln hone is made to Iona to tho
discovery of an entire animal of an extinct spe
cies. You must be judges ofit in this case. It
those are tho teeth of Dr. l’arkmnn, and if, as
was stated to you, by Dr. Keep, their condition
proves that they were put into the furnace in
tho head, und of the whole body no purts is
dissimilar to Dr. Purktnnn’s, and if the sup-
usition of suicide or nccidentul death arc ex
cluded, tho corpus delicti is established.
1 shall pass over the testimony of Littlefield.
It bus been somewhat culled in question. But
whether much or little weight be given to it
does not materially effect this case. It may he
emarked, that as far us it due* uffeet tin* case,
it is confirmed by other witnesses, particular
the officers of the police. From about Sunday
or Monday pretty secret watch was kept of
Ihe Medical College till Friday. Nothing im
portant could be transacted there without the
knowledge of tho police, ot Littlefield or
Webster. To some of these parties the exis
tence und condition of these remains found
partly under the privy, in the tea chest, hnd
partly in the furnace must have been knowu.
You will judge from the evidence by whom.
We do not think much weight can attach to
the conduct of the defendant after his arrest-
We have no experience here to guide us. We
do not know how we should act in such u case,
or how he ought to have acted.
To come to the main proof of the case,
there are two theories in regard to it. The
Government tubes the one, which supposes
that Professor Webster invited Dr. Parkman
to the Medical college, and there slow him, in
order to get possession of two notes which he
owed to Dr. Parkman, and that ho gut posses
sion of them. Dr. .Pnrkman hod loaned to
Professor Webster $400 hi 1841. In 1846
several parties contributed to tmoi her loan, to
relieve him, to the amount of two thousand
four hundred and thirty dollars ; to this Dr. P.
contributed five hundred, and the three hundred
ilnd thirty-two dollars on the old note ; an I
Other parties the balance.
Dr. Pnrkman held the large notes and mort
gage on personal propeity, for its security, for
the benefit of himself und other parties, and
ulso the old note, which was to be given up
whenever his share was paid. It appears
that the defendant was in pusession of both
notes, and the government contends that he
never paid either; that ho invited Dr.Pnik-
mun to bis lecture room and slew him, to get
possession of these notes. If this he proved it
is express malice.
The other theory is thnt of the defence, that
being together, the one lo pay nnd he other to
receive money, they quart-relied, and.Dr. Web
ster killed Dr. Parkman in sudden bent, and
then cuncenled him to avoid detection. If this
be proved, it inay be manslaughter. If Dr.
Webster did. entice Dr. Parkman to the Modi-
cnl Collgo to get possession of the not. s, we
can seo no difference between it und murder.
i The Government, to strengthen its theory,
brings proof that the accused could not have
had money to pay either of the notes ; and he
has never pretended that he had money to take
up the large one of them. One very signifi
cant fact, is, that the $90 which was thut rant-
ningpaid to him by Mr. l’ette—achccknnthe
Freeman’s Bank—was not a part of tho mo
ney paid, but was on that nftornooon or the
next day, deposited in tho Charles River Bank
to his credit. He ulso told Mr. Pette thnt
tnormng'tliat he hud settled with Dr. Pnrkman,
although Dr. P- hud not yet called on him.
* You mur.r judge how fur these circumstances
go to prove intention to get hold cf (he notes
as a motive of the homicide; and if that was
the motive, it is a very strong ease of murder
by express malice, if, in the hypothesis of
the defence, the concealment ol the remains
was maid by another hand, it was of no interest
to Dr. Webster, and his reluctance toward the
search is to he accounted for, as well os the fact
that he did not himself r.mke tho discovery
which lay directly in his way. Any conceal
ment of evidence going to implicate him, to
which u party under suspicion reports, must
go, us fur ns it goes at all, against hitn.
The accused has mentioned that the package
to which he referred in his letter to his daughter
was one of nitric acid, and not those notes
which Irnvo been brought ns evidence to prove
the intention of the homicide. If so, ns ihr as
thut goes, it goes to obliterate tile effect of at
tempted concealment of evidence. Bill it does
not at all affect lh” case of "thebearing of these
notes when found, or the anjmus or intention
of the net. The circumstances of the twine
used, and many others, which it is needless to
mention, go to show that whosoever did any
partin the concealment of these remains, did
the whole.
As to tho annoymous letters, von must judge
of their bearing, if proved. But wo must re-
mnrk tlint we consider the proof of them ex
ceedingly slight. Character may be of cause?
quence in a minor case, as of larceny i' 1 but
when a prisoner is charged with*it crime Btvnt-
trocinns. nil sink to the same le*el, and we, must
rest on the proof of "the facts S yet in such a
cg'se the prisoner has a right to put in his char
acter, *nd the *»stimm;yj» competent evidence.
Many other things press upon my mind, but
lite time reminds me i ought to close. You
have been selected by lot, mostly concerned in
the active business of life, so as to secqre tho
greatest impartiality. Take sufficient time
to deliberate upon your verdict. Use your
good judgment and sound conscience, *nd we
are assured the veidiet will he a true otte.
The Verdict.
At twenty minutes helot u 11 o’clock there
was a move meat at tho, door of ihe Su
premo Court Room, und presently a number
of gentlemen cumo in, und among them tho
counsel for the prisoner, Charles Summer,
CJhas. T. Jackson, Judge Bigelow, N. J. Bow-
ditch, und u number of members of tho Bar,
Policemen mid Clergymen. The gallbiies be
ing crowded to excess.
In ubout five minutes after Prof. Webster
cartio in, in eburgp of a constuble and took his
seat in the dock. His appeurance was un
changed, except thnt serious dejectedness was
apparent in the contraction of the muscles about
tho mouth.
Tho Court came in in five minutes after.
Tho clerk of the Court, Mr Willard, then said,
addressing the Jury, “Mr. Byron, foreman havo
you agreed upon your verdict ?" Mr. Byron,
foreman of thejury, bowed ascent. The Clerk
—John W. Webster, hold up your right hand ”
The prisoner rose, and looked steadily nnd in
tently upon the foremen of the jury. The
clerk—Mr. “foreman, look upon the prisoner ;
prisoner, look upon the jury.”
Professor Webster still maintained his in
tense look upon the foreman of the jnry. Tho
Clerk continued, “What do you say Mr. fore
man—is the prisonei ot the bar Guilty or not
Guilty?” “GUILTY !” was the solemn re
sponse.
The hand of the prisoner, which had hither
to been held erect, foil to the bar in front of
him with a deadly sound, as if be had lest all
muscular action, and his head dropped upon
his bivast. He soon sat down, his limbs seem,
ing to give evidence of failing. Ho put his
hands up to his face, and was observed to rub
his eyes.
He then closed his eyelids and bowed his
head down towards the court. Mr. Bryan
tho foreman of the jury, at the pome time held
his hand up before his eyes, ns if overcome by
tho painful duty 1 e hod performed. An un
broken silence ensued, in which the court, the
jury nnd spectators seemed to bo absorbed in
their own reflections.
The appearance of the prisoner at this time
was painful to contemplate ; his eyes were
closed nnd a deep sigh denoted the load of in
expressible anguish on his soul, and the crush
ing blow that had fallen upon him.
Chief Justice Shaw broke the silence and
suspense by dismissing the jury in a voice trou
bling with emotion, and requested their attend
ance on the Court at 9 o’clock on Monday
morning.
Mr. Mbrrick, the prisoner’s counsel, then
went into the prisoner's dock, and spoke a few
words in hi# ear, and soon afterthe order was
given by the court that the prisoner should he
remanded ; which was done, after the gallery
had been cleared by the officers. The whole
proceedings did not occupy more than twelve
minutes, nrd was a scene never to he forgotten
by those « ho were present.
The verdict was received by tho crowd out
side with not a few expressions of regret. Af
ter rite spectators had been dispersed from the
court, house, the prisoner was removed by the
officers to tho Leverett street jail, to awuit his
sentence.
Monday, April 1.
At 5 minutes past 9 o’clock the prisoner
was broughtinto the courtroom by officer Jones.
His aopeurnnee indicated much mental
suffering, but he attempted to appear calm.
The Attorney General moved that the sen
tence nf the law he now pronounced upon the
prisoner. His language was feeling arid pa
thetic.
Chief Justice Shaw then asked the prisoner
if he had anything to say why tho . sentence of
tho law should not be pronounced. The pris
oner signified that he had uothing to say. The
Judge then in nvery feelintt manner preceded
to give the sentence of the Invv as follows:
The Sentence.
“Jonn W. Webster: In meeting you here
for the last time, to ptonnunco that so fence
which the luw has affixed to this high oft'once
of which you stand convicted, it is impo-sible
for language to gi/e utterance to the deep con
sciousness of responsibility, to the keen sense
of sadness and sympathy with which we ap
proach this solemnduty. Circumstanci s, which
all who hear me w ill duly appreciate, and
which it may seem hardly fit to allude to more
in detail, render the performannh of this duty
on the present occasion unspeakably painful.
At all times, nnd under all cin timstqnces
a feeling of irndescribable solemnity attaches
to the utterance of the stern voice of retribu
tive justice, which consigns a fellow being to tin
untimely and ignominious death, hut when we
consider all the circum-tances of your past
life, your vp'rious relations to society, the claims
upon you by others, the hopes and expectations
you have cherished, with your present condition
and the ignominious death which awaits you.
we are oppressed w ith grief and anguish, nnd
nothing hut a sense of imperative duty imposed
on us by the law whose officers and ministers
we are, could sustain us in pronouncing such a
judgement against the crime of wiffttl murder,
of which you stand convicted ; a crime at which
humanitv shudders; a crime every where, and
under all forms of society, regarded with the
deepest abhorrence.
Tho law has pronounced its severest penalty
in these few and simple but solemn nnd im
pressive words “Every person who shall com
mit the crime of murder shall suffer the punish
ment of death for tho same.”
The manifest object of this law is the protec
tion and security of human life, the most im
portant object of a just and paternal Govern
ment. It is made the duty of this Court to de
cline this pet ally aguinst any one who shall
have been found guil.y in due course of tho ad
ministration of justice of huviug violated the
law.
It is one of the mo*t solemn acts of judi
cial power which an earthly tribunal can he
called nnon to exercise. It is a high an ex
emplary manifestation of the sovereign author
ity of tiie law, as well in its stern nnd inflex
ible severity, as in its protecting and paternal
benignity.
It punishes the guilty with severity in order
that the right to the enjoyment of life, the most
precious of all rights may be more effect'(ally
secured.
By die record before us it appear* that you
have been indicted by the grand jury of this * c, ' no -
county, for the crime of muder, alleging thnt
on >lie’23d r rif November last, you made an as
sault ?>n the person of Dr. George Parkman,
and by nfets ot violence deprived him of life
with malice aforethought.
This ittall gad tv havo Wrt dvr* Within tie
apartments of a public institution IrTTu
—the Medical College—of which J " cil !.
professsor imd instructor, upon the no" 0 " ' Vf '-
man of mature age, Well known, and nf'" ' ,f|
slvfeconnexions in this community aid
efwtor tin that institution.
The charge of an offence so aggro,-., t
dcr such circumstances,in the midst 0 f
ful community,created an instaninneou,"
of surprise, alarm and terror, and wnsf n 1
by u universal mid intense anxiety t„ ]
the results of u judicial prpccedihg
tltii charge was true.
The duy of trial came. A Court tvs
feed to conduct it. A jury-, almost of , S or S ltl
choosing, was selected in the mannerT°" 11
ciliated to insuie intelligence and 'I 1 **
Counsel were appointed to assist ■ t,alil l i
dycting your defence, and, who | m v e t'" Co "'
that leuming, eloquence, and skill could '
plihed in presenting your defence j„
• spec 1 *. 111 ° e >!
A very large number of witnesses.
fully examined and after a very ln» mp ;^ Car . f i
of unprecedented length,conducted as i .V^ 1 '
with patience and fidelity, that j urv V,„
nouneed you guilty. To this verdict u. 1 ' 0-
careful revision of the wholejproceedj’,J | ‘
constrained to sny, In behalf of the Court d
they can see no just or legal ground of
tion. ce p-
Guilty ! How much, under all these thrill;,
circumstances which cluster around the 5
nnd throng our memorieS in tho retrospect j*’
this single word impart. Tho wilful, vl
and malicious destruction of the life 0 f
low man in the face of God and tinder the 7
tection of thi‘law. Y r es, of one in llieniid ,'"
life, with bright hopes, warm affections, mJi
attach nents, strong, extensive and nunierou'
friends, making life a blessing to himself at
others. :
We allude thus to the injury y liu h av „ ■
flirted not for the purpose of awkeningunsiC
necessary pang in u heart already lacerated bii.
to remind you of tltoi ncomparable wroig d„,7
to the victim of your cruelly. In sheer iu-tic,
to him whose voice is now hashed in death
nnd whose wrong can only be vindicated bytlj
livirg actions of tit” law.
If, therefore, you ntay at any moment thin’,
your case a hard one, and your punishmeut |,,
heavy—if one repining thought arises in V out
mind, or one murmuring word seeks uttci-ai.ce
from your lips, think, oh think, nf him in-
stantly deprived of life by your guilty hand;
then, if not lost to all sense of retributive jus
tice, if you have tiny compunction* visiting,
of conscience, you may be ready to exclaim,in
the hitter anguish of trull), “1 have sinned
against heaven and my own soul. My iiunish-
ment is just. God be merciful to me,a sinner"
Gud grant that your example may affurd a
solemn warning to all, especially to the youn».
May it impress on every mind tiie salutary lo
son it is intended to tench, to guard against the
indulgence of unhallowed m vindictive pas
sions, and to resist temptation lo any end urn-
selfish, Hordid and wicked purpose—to listen
to the warning of cnnscience nnd yield to the
plain dictates of duty ; and while they in
stinctively shrink with abhorrence from the
first thoughts of assailing the life of another,
may they learn to reverence the laws of Gud
and of Society, designed to secure protection lo
their own.
We forbear, for obvious considerations, n-om
adding such words of advice as ntuy bo sum'
limes thought upproriutu on occasions like thi
ll has commouly' been our province, on nru
sions like the present, to address thp illiterate
the degraded, the outcast, whose early life hit
been cast among the vicious—the neglected,
the abandoned, who have been blessed wiih no
moral or religious culture,who have never writ
ed the benefits of cultivated society, neir enjoyed
the sweet and ennobling influences of lunr.r.
To such a one a word of advice upon su ut-
citsion so impressive, may he a word fitly spok
en, and turned to good account; but ius case
like this, when those circumstances ure oil re
moved, no word of ours could be more effica-
cious than the suggestions of your own better
thoughts, lo which we commend you. Bum
we approach this last sail duty of pronnuiieia!
sentence, which is indeed the voice of luw uri
not our oivn, in giving it utterance we cunni’t
do it with a feeling of indifference as afurmri
nnd official act.
G id forbid that we should be prevented Ir e
indulging and expressing those jrreprossiok 1
eelings of inteiest, sympathy and compasiim
which arise spontaneously in nurhearts, mi
we do most sincerely and cordially deplore tke
distressing condition into which crime fc»i
brought you; and though we havo no word of
present consolation, or one earthly hope to of-
i’er you, in this hour nf your affliction, J ft *'
devouriy commend you to the mercy "f 0L [
Heuvenly Father, with whom is abundance 111
mercy, and from whom wo may all hope ft
pardon nud pence.
And now nothing remains hut the #olei™i“ t
ty of pronouncing tiie sentence wh’ch the Is®
affixes to the rrimo of murder, of which ! l ”
stand convicted, which sentence is th.it v™-
John \V. Webster, be removed from this pb '
nnd detained in rinse custody in the pri-un
tilts county, and he thenco taken ut suchn-
ns the Executive Government of this roii'i" 1 ^
wealth may by their warrant uppoint, ^ ^
place of execution, und there he hung by
neck until you are dead —And nmy
His infinite goodness, have mercy on J liur!
Upon hearing the Inst of the ubove wo' < ^
prisoner sunk heavily npon his sei'h nn “ 111 '
ed his head upon tho bar. He wept i" 0 ^
His emotions were extremely violent, ! " 1 . , e
sobs could be distinctly beard in any p“ rt ' „
Court room ; hut in a few moments lie 1
, ntoned his usual fortitude und becsiae 11
ca,ni ‘
A large number of those present wer
ly affected, even to tears. An awful *' ,
reigned for u few moments in th e room.
the eyes of hundreds were bent upon
thppte-
'Iio wjonwi IIUIIUILUO v V I VS -I
oner, who now sat upright with fix' d ^ UZ p r „h7h
'he bench. A suppressed whisper went 1 ^
the crowd, in anxiotiA inquiry j^ft
prisoner, but silence beii g guinea ^
placed the prisoner, in charge of the'he
half past nine the prisoner was 01 _7,,,,iic< r ^
remanded, and was lod from the room
l,y0lfc‘ r
the?’ 1
Jone*.
The main body of the Court house, Vji,,
bt'ries, the halls und entries were cn ?^ ru ,|,i,t
an anxious concourse of people) » *" L;
from the building, anxiously to get* 110,
ot the prisoner. I
During the delivery of tho sentence . ifr ,
were remarkably quiet, and retired 1 ^ t h-'
pressed with the the awful .solemn j
■’tetitiOtiii.—Toe auuscnoer’^^ijii
22^*announces that be has <
basement of the Second Baptist
be taught nil the branches of a U“.—, 0 \
sssstisas" i
Refebsxoes—-Rev. J T- -ROBES*
wrm.