The trial of Prof. John W. Webster, indicted for the murder of Dr. George Parkman, at the Medical college (North Grove street) on the 23d of November, 1849 : Supreme judicial court, before Chief Justice Shaw, and Associate Justices Wilde, Dewey, and Metcalf. Counsel for the government, Attorney General J.H. Clifford, and George Bemis, esq. Counsel for the defence, Hon. Pliny Merrick, and E.D. Sohier, esq. / Reported for Boston journal.
- Webster, John White, 1793-1850
- Date:
- 1850
Licence: Public Domain Mark
Credit: The trial of Prof. John W. Webster, indicted for the murder of Dr. George Parkman, at the Medical college (North Grove street) on the 23d of November, 1849 : Supreme judicial court, before Chief Justice Shaw, and Associate Justices Wilde, Dewey, and Metcalf. Counsel for the government, Attorney General J.H. Clifford, and George Bemis, esq. Counsel for the defence, Hon. Pliny Merrick, and E.D. Sohier, esq. / Reported for Boston journal. Source: Wellcome Collection.
Provider: This material has been provided by the Francis A. Countway Library of Medicine, through the Medical Heritage Library. The original may be consulted at the Francis A. Countway Library of Medicine, Harvard Medical School.
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![dentist in this city. I have received a medical education. I have been in practice tweuty-one years. I have been at woikalitlie time; so tar a.s my.self is concerned, I liave been continually at work—or had sets ou liand—iu manu- facturing mineral teeth, as weil as atteiidintf to natural teeth. [The block of teeth exhibited to witness.] All the blocks are so distiguied except one, that I should not like to say that the marks are sufficient to identify them. That ■one is the lett lower block. The marks of identitica- tion upon this are strong enougli to enable tlie maker to identify the teeth, I should think, as well as the painter can identify the face upon which he has wrought lor a ■week. Cross Examined. With the model upon which the teeth were made I should think the maker could identify them. These teetli may have been warped by the heat to which they have been subjected. Dr. WiLLARD W. CoDMAN, Called and sworn. I am a dentist of tllis city. I have had a medical education. I have been connected with the practice of dentistry sixteen or seventeen years; part of the time 1 wrought upon min- eral teeth entirely. I think that the blocks of teeth [those from the furnace] furui.'-h sufficient marks of identihcation. To the Court The artist who made and tilted them, would be able to identity his work. Cross Ktaminfri. I should think that there would be a rery strong probability that the maker could identify them. The teeth might be warped by the hear and might not. Benjamin H. Todd, called and sworn. I am a resident ofthisciry. I am employed in the Custom House. On the Sunday evening about dusk, succeeding the disappear- ance of Ur. Parkman, I was on Cragie's ISridge; at the toll hou.«e. I was ill company with Littlelield. We went Over to East Cambridge out of curiosity, understanding that iilar.^hal Tukey was going to have a body of men to search for Dr. Parkman. The tollman was at the house, and an old gentleman sitting iu the back part; I did not know the old gentleman. Mr. Littlelield asked if the po- licemen had gone ou; and was answered that they had.— I then a,sked tho tollman if h • vas the one who saw Dr. Parkmau pass over, and he replied that he was not. Mr. Littlefieid said he was engaged at the College; that he saw Dr. Parkraan coming towards the College on Friday af- ternoon. Cross-Kr:amined. I don't recollect hearing Mr. Little field say thathe saw Dr. Parkmau come out of the College on Friday afternoou. I did not hear him say it. I mean to swear that he did not say it. I recollect every word he said. I cannot state the minute or the hour when I re- called this coiiveisation and the interview to my mind.— I do not mean to say that I had it in my mind all the time. I have talked to Littleflf.id about it since tiie trial commenced. Littlelield asked me if I recollected going over to Cambrulge and what I said. I told him that I did. I have talked with him once. He did not ask me if I recollected his particular expressions. Littlelield told me that I would be likely to be summoned as a witness. Isaac H. Kussell, called and sworn. I am a resident of Boston. Am in the dry goods business. I know Mr Wentworth, provision dealer in Lynde street. I do not recollect of walking with him on any particular day. I don't recollect of being in Jiis company on Friday, Nov. 23d. I think that I have been in his company when he pointed out Dr Parkman. It was before Ur Parkman's disappearance. It might have been six months or eight moutns before. I can't tell the day. I don't recollect— it might have been three months before. I have no recol- lection of seeing Dr Parkmau at any time. If 1 had seen him 1 think that I should have recollected it. I don't recollect when I heard of Dr Parkman's disappearance. I can't tell tlie u;._, of the week. It might have been on the 23d, or it migtit have been afterwards. I saw the ad- yertisemeut-* in the papers it has not kept accurate time. It frequently stops. Did not agree with the Lowell Railroad clock. It has beeu an inaccurate timepiece. Cross-examined. I refer to the clock on the Court House at East Cambridge. I have noticed a difference between that clock and other clocks—half an hour or quarter of an hour difference. It would be sometimes faster and sometimes sloiver than the railroad ciock. Samuel D. Fuller, called and sworn. My place of busi- ness is at the toll-house of West Boston Bridge, Cam- bridge side. I have observed the clock on tlie Court House; it was put up last Fall; it has not been an accu- rate timepiece all the time; it lias stopped, and been faster and slower than my time. Cross-examined I have known it to stop in snow storms. It has been tive and ten minutes out of the way at times. And here the government rested its case. The Hon. Pliny Merrick then commenced the closing argument for the Defence. He alluded to the embarrassment under which he la- bored, in commencing his argument. He spoke of the case as ti anscending in importance and interest any one that has been tor a ,oi!g period beiore a Court for adjudi- cation. Only a few muiitUs since an individual of the highest respectability was lost. The deepest sympathy of the whole community had been excited for his loss, and the utmost efforts had been nsed to ascertain wliat had become of him. Soon the astounding intelligence was announced that his mangled remains had been found, and that another respected individual had also been found who had been connected with the sudden and mysterioui disappearance of Dr. Parkman. Then all the circumstances of the finding of the remains were spread before the community, .the prisoner at the bar was incarcerated in our prison cells, alone and unaid- ed, while all the dark and damning evidence was accup raulating against him. No effort was made by him to ar- rest the course of events. He suffered ail the evidence to spread far and wide, without once ottering an explana- tion of the events connected with the disappearance. He waited for the excitement to subside, that, he might have an impartial trial by his country. He asked for no delay, but came for trial at the earliest possible time that could be named at the convenience of the Court. He well knew that a time would arrive when excitement would subside, and an impartial jury could be secured. ii all the circumstances known previous to the trial could produce no bias on the minds of the jury, them could the defence hope the evidence produced in a judi- cial for in, would be carefully and impartially considered by them. The government charges that on November 23d, Dr- Parkman disappeared, and that the prisoner murdered him. And the counsel explained the particulars of the charge made by the government. To establish the charge the government must prove the death ot George Pai kman, and that his death was caused by the agency of some per- son, that the prisoner at the bar was that agent, and ihat he did it with malice aforethought. If any one of these proofs fails, then thechaige for murder fails, though a less crime may have been proved. A large amount of testimony had been introduced; but no one direct fact has been produced to show that any one of these great facts has been sustained. The government has not shown, by any direct evidence, that deorge Parkman is dead, or that his death was caused by tlie direct agency of any one individual. The counsel then took up the evidence which the gov- ernment had introduced. By indirect evidelJC^■, llie gov- ernment had attempted to show that Dr Parkman and tlie prisoner had met ou November 23d, at 1^ o'clock, and To the Court. I was with Wentworth when bespoke of that Dr Parkmau had never since been seen, ihegov- ■ .... eminent has never attempted to siiow, that alter the in- terview of a tew moments on that day the two parties ever met again. The prisoner concedes that an intervievv took place be- tween him and Dr. Parkman on that day at li o'clock, and that it lasted but a few moments. Beyond this the prisoner denies every thing. If the government contends that the two men ever met again, they must prove it. It must be admitted that the government nave introduced some evidence to sustain their charges. But the defence has produced evidence going to show that Dr. Parkman did leave the building as Dr. Webster says he did, and wasseeu abroad in the community afterwards. The case fails for the government if the jury believes that the evidence for the defence is entitled to credence. If it is still believed that the remains of Dr. Parkmau were found in the College, then there is a dark mystery which cannot be fathomed. If the parties separated, and although the remains ot George Parkman were found beneath the College, then there is no proof to connect the defendant at the bar with his death. Did the parties separate ? The defence con- tends that highlyjrespectable individuals have proved, and conclusively proved, that tiie parties did separate, a little afier the hour named iu the government's cnarges. Mrs Hatch testifies that she saw Dr Parkman at ^ to iJ 1. M. h Cambridge street. I'lie government contends that he seeing Dr. Parkman, but the place I do not recollect. Cross Examined. 1 know Mr. Wentworth. I occasion- ally walk witli him. If I had seen Dr. Parkman I think I should recollect it. I cannot call it to mind. I cannot call it to mind, when I heard of Dr. Parkman's disappear- ance. To Mr. Clifford. I read the papers daily. [Mr. Clifford rose and stated tliat five persons had been SHmmoned to prove that a person resembling Dr. Park- man was about the streets of Boston, at the time of his disappearance, and tliat he had been approached by dif- ferent individuals, under the belief that he was Dr. Park- man. The person was unknown to the government. The object in introducing the witnesses was to explain the tes- timony offered by the defence in relation to Dr. Park- man's being seen on Friday, Nov. 23d, subsequent to the time at which the Government contends he was murdered by the Defendant. The Attorney General did not know bow lar this course might be proper, and he therefore laid it twfore the Court for their direction. Mr. AIerrick objected to the introduction of the evidence, as contrary to universal practice. A bri-t discussion took place, when Shaw C. J. fiecided that the evidence was inadmissible] UEoaQE W. Kipield, called and sworn. My place of busi- ness IS at the toll house on Craigie's Bridge. I recollect the time when the clock was put up on the Court House, at Bast Cambridge. It was put up last fail. So far as 1 know ' was seen 10 minutes to 2 P. M. in the vicinity ot the Med-](https://iiif.wellcomecollection.org/image/b21083629_0051.jp2/full/800%2C/0/default.jpg)
