Trial of Professor John W. Webster : for the murder of Dr. George Parkman in the Medical college, November 23, 1849. Supreme Judicial Court for Suffolk, March term. Present Chief Justice Shaw, Associate Judges Wilde, Metcalf and Dewey. Counsel for the Commonwealth - Hon. John H. Clifford, George Bemis. Counsel for the Defence - Hon. Pliny Merrick, E. D. Sohier / Stenographic report, carefully revised and corrected.
- Webster, John White, 1793-1850
- Date:
- 1850
Licence: Public Domain Mark
Credit: Trial of Professor John W. Webster : for the murder of Dr. George Parkman in the Medical college, November 23, 1849. Supreme Judicial Court for Suffolk, March term. Present Chief Justice Shaw, Associate Judges Wilde, Metcalf and Dewey. Counsel for the Commonwealth - Hon. John H. Clifford, George Bemis. Counsel for the Defence - Hon. Pliny Merrick, E. D. Sohier / Stenographic report, carefully revised and corrected. 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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![G permit their serving on the Jury without seri- ous detrimeut, and were excused. Peter B. Brigham uiade excftse that he be- longed to the militia, and being liable to be •called upon at any moment, was therefore ex- empt by the statute from serving on a jury. James lugersoll was excused on account of age. John B. Orcutt and Francis G Whiston maria the same excuse as put forward by P-;ier B. Brigham, and the validity of the excuse was admitted and they were discharged. Samuel D. Fiske made oath that he resided out of the county, and was exempt from serv- ing on a Jury in Bostim. He was discharged— thus making 15 excused on the ground ol ina- bility and exemption by st'atute. The Slate Attorney, Clifford, now inoved thai Professor Webster be placed at the bar for trial. The Clerk of tlie Court having ailviseil the prisoner that he had a right to chaiiBiige pe remptoiily twenty of the jury, proceeded to call the names. William B. Adams' name was first called, ar]d he was peremptorily challenged. At ihis stage of the proceeding?— Chief Justice Shaw addressed liiejin'ors up- oa what the statutes considered as disqualifica- tions in a juror, such as relationship, tlie forma- tion and exprscision nf an opinion, prejudices, &c., and initrucled them to answer under oath, wlieiher they consiilered themselves as coming within the bound.a-y of the disqualifying statuie. Charles H. Applutun's name was next called, but he answered on lli^^ oath, that he had formed an opinion, and expressed it, upon the subject. Disqualified. Wtn. li. Baily was next called, and was dis- qualified on the same grounds as Mr. Apple. ton. Chief Justice Shaw again addressed the ju- rors, charging them that if they hi\d any such opinions on the suliject ol capital punishment as would preclude them irom finding a verdict of guilty, under any circumstances, that they were disqualified by stalnle, and were lo make an- swer under oath, wlietlier or no such prejuilice was entertained by them. George Bemis, was opposed to capital pun- ishment.—di:-charged. James Bliss, had expressed an opinion in the premises. John Borrowscale, was unbiased—accept- ed and sworn. John Bowker, Jr., had formed and expressed an opinion—rlischargcd. H Irani Boswell, was prerempiorily challenged by prisoner. Ro'jert J. Byram, accepted. B. Chandler, challenged. George H. Cliapman, had expressed an opi- nion and was discharge;!- D. F. Chikis, was opposed to capital punish- ment—discharged. James Crosby was accepted, and being un- biased, was sworn. Thos. Cunningham—absent. John E. Daven|iort accepted, and being un- oicised, was sworn. Albert Day was accepted and sworn—he ae- knowledged that be v.-as soraewiiat biased, tli'iiigh not enough to influence his verdict. Wm. L. Eaton—chalienged. Geo. O. Froiliingham—challenged. D. F. Fuller was nccci)ted and sworn, being uninfluenced by bias or suhsequenily formed ojiinions. C. B. Gould, challenged. B. H. Green, sworn—attempted to be excus- ed on ground of opposition to capial punish- ment but his excuse was noi, admitted. Daniel Hall, challenged. Arnold Hay ward wets accepted and sworn— was unbiased. F. A. Henderson unbiased, accepted and sworn. J. B Hughes entertained opinions against capital punishment, and was discharged. Aionzo Jones, Jr. had oniied and expressed an opinion in the premises—discharged. Ge'o. W. Learned challenged. M. A Maninms challenged. Win. Melvin challenged. Ed W Pierce had expressed an opinion, and was discharged. G C Sanborn challenged Stephen A. Stackpole wis accepted by piis- onir, and being unbiased was sworn in. The jury was here fiiied and sworn iu the case. They an:— junoBS. Tfiom.as Barrett, Printer; John Borrowscale, Slater; RohfTt J. Byram, Locksmith; James Crosby, Clerk; John E. Davenport, Painter; Albert Day, Dry Goods Dealer; Joseph Eastis, Merchant; Daniel D. Fuller, Apothecary; Benjamin H. Greene, Bookseller; Arnold Hay ward, Carpenter; Frederick A. Henderson, Furnisher; Stephen A. S ackpole, Clerk. Robert J. Byram was appointed Foreman. The indictment was then read. Commonwealth of Mas-sachusetts—Suffolk, to wit: At iheMnniciiial Court of ttie City of Boston, begun ami holden ai said Boston, within and for the County of Suffolk, on '.he firsi Monday oi-lanuary, iu the year of our Lord one ihousaud eighi hundred and fifty, the .lijrorsfor the Coinmouweallh of Blassachusetts, on their onths present, that lohn W. \\ebfter, of Cam- bridge, in tue county of Middlesex, gentleman, on the tweiity-ifiird day of Noveniber last i a^r, at Boston in tiis comity of .-uti''lK, in and unoi) one George Park- man, frlonionslv, wilfully, i^nd of bis n->alice afore- llKjusht, did make an as lault, and that he thp said John W. Websur, witU a certain kuife which he then ami there in his right hand had. and held hiin the said Geo. Vai-kman, in and upon the left siue of the breast of him the said George Parkman, then and there ffloniowiy, wilfidly, and wiih malice aforethought, did strike, cat, Stat', and tnrusl, tiyins to the said Georse Parkraan, then and iherewihthe knife aforesaid, m abd up u llio left side of the bre u t of him ihe said George Park- man, one inonal wound of ttie length of one inch, and of ihe depth of three inches, of which said mortal wouMd th; a.iid George Parkin'sn then and there jn- stindv die.i And so trie Jurors aforesaid upon tleir oaihs itcires-tdd do suy ti(a-' the said Jorin W. Webstef bi,n ih-s<)id t-ciirte Pa:kraan, in manner and fo m j.ioftsuiit, iDen and there telf^n ously, wil-ully, ftud of his m d ca all reihoai>it, d d kd' snd murde', as-dnst ihepBaceoJ the Coinmoiiwealih aforesa d, and oon- trsry lo the ftrm of the Sialute la such case maue and provided. , . ^ , And the J irors aforesaid upon ti^eir oath* alcrfs,ii do further present that the said .John W. Wetipter, at B'Pton if .>esa'd,inthec(mEtyafo.>-esn don (hetwei.ty- thifd d^y of November last jiast, iii and upon the sa'd Georse I'ailiiiian, fe]'juicu--ly, wiliully, and cf his mal-](https://iiif.wellcomecollection.org/image/b21083642_0010.jp2/full/800%2C/0/default.jpg)
