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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![ice aforethought did make au assault, and that he the said John W. Webster tlien and there with a c-ertaiu liammerwliich lie llie said .John W. Webster iu botli his hands then and there held, hijn the snid George Parkraan, tlieu and there lelonioissly, wilfully, and of his malice aforethought did strike, giving unto him the said George farkman, then and there wiiU the hammer aforenaid, in and upon thehewl of him, thesaid George I'arkman one mortal wound, of which said mortal ■wound he the said George Karkman then and there in- stantly died, and so the Jurors aforesaid do say that the said John W. Webster him the said George farkman, iu manner and form aforeaaid, then and there felonious- ly, wilfully, and of his malice aforethought did kill and murder, against the peace of said i ommonwealth and coiilrary to the form of the statute in suoh case made and provided. And the Jui'ors aforesaid, upon their oai.h albresaid, do further uresont that the s-id John W Webster, of Bftston, aforesaid, in the c unty aforeaaid, on the 23d day of IN '•vember, la-t past.in aud upuii the body of the baid George Parkman, felonious- ly, willully, and of his malice a orethought, did make an assault, and that thesaiJ Johu W Webster, then and there, with his hands and feet, him the said George IParkman, ielouioualy, wilfully and of his m^licc afi^rc- th'Jught, did strike, beat and kick on an-d upon the head, breast, back, belly, sides, and other parts of the body ot him thesaid George Ps.rkmin,a d d.d then and there felo.iiouslv, wilfully, aiid of his malice al's.'e- Ihought cast and throw down the said George fark- man unto and upon tue floor with greit force and vio- lence there, giving unto thesaid George Parkman then and there, as well by bcatiuj and strikmg i-nd k-ckuig hira th« said George Parkma > down as afore.said, sev- eral mortal strokes, wounds and bruises, in and upon the head, breast, back, belly, sides an < other parts of the body of him the aaid Gferge Pa kman, of whi<h said mortal stroke.-?, wounds and bruises, he the .sai.j O«orge Parkman then and there in.stantly died, and si the jurors atoresaid do say that the said John W Web- ster him the said George l^arkcnan in man.-ier ana iorm aforesaid then and thsre ftloniously, wilfully, aiiu of his malice aforethought, did kill and murder, against the peace of said Coinmoinveallh, and contrary to ihe form of ihe staiute in suchc.ise jiiadean i provid.-d. And the Jurors aforesrid, uoon their' ortlis albresaid, do further present that the said John W. Webster nt ):i0slo.j aforesi'd, in the county aforesaid, inacertaiu buildhig known as the »^edical C(dlege, tnere situate onth«23dcay of November last past upon the ^aid Geor.re Parkman, feloniOusW, wlfully, a' d (.f his mal- ice aforethoughl, did make an ar^sijii on him the sa d George Parkman, in some W'-y a.d manner and by some meaiLs, instruments and weapons, to the Jury un- known, did then an i there ieloniously^ wilfiify, and of his malice sforethr ught,depri\rft of Ju'e, so that he ihe said George Parxman, then and there did, and so the Jurors aforesaid, upon their oath aforesaid, do say, that the said John W. Webster him the said George Parkman, in the manner and by the me ms afor. said, to the Jurors unknown, then and there f'^ioniouslj, w.lfully, and of his malice aiorethought, did kiil and murder, sgaust the i.eare and oignity of the Oonrmon- wedllh aforesaid, and Contrrry to the form of llie Stat- ute in such case made and provide I. Danl. Rho.^^des, Foreman Grand Jury. John H. Clifford, Attorney Generi.1. The reraainiiig jurors were now dismissed from furtlier attendance until Curtliernotice. Tiie confusion incident to the retiring of llie jurors having subsided, the Afturney Geueinl of rvlassacLuisetls, the proiecuting officer in bcliaU of the State, now rose to address the jury. ME. clifford'c; opening aegument. Gentlemen of the Jury:—In a case of sue!) iu.- portance as the present, none of iis, it need not l>e said, but must feel impressed with a sense of the necessity of keeping himself free from aU excitement that may prevail, or that has pre- vailed—for excilement in this case h.is affected the whole commnnity. Bnt here, in the calm, clear light of this teirj^ile of justice, we are to in- vestigate the facts connected with it, simply on the evidence that is to come before us. VVe are all engaged here in services not of our own seeking—but services that are impoee.d upon ns by various obligations—services to tlie Common- wealth, to the community and to tlie prisonei at the bar. Ttie Grand Jury ol' this county, alter a patient investigation, upon thi^ir oaths, have charge.! the prisoner at the bar iviih the crime ol muriler, and you have been selected from among the mass of your fellow citizens, to hear (he evidence, to listen to all the answers, and receive suoh mstruciiuns as will enable you to apply the rules of evidence, and then pro- nounce upen the issue. This is your high re- sponsibility, and the evidence to be produced will, I tru=t, lead you to so ne such result as will satisfy your own minds and convictions, as to the guilt or innocence of the prisoner. The learned counsel next proceeded to say that an idea was couimon in the community, to the elTect that it^was in contemplation on the part of the prosecuiioi m press this trial and pro.?ecuiion beyond thobe limits tl-at occur in ordinary cases of such a character. He re- pudiated suck au idea, and if such a demand were made upoa hint, he would n.it hold his official position for one hour. He appeared oa that trial for the Commonwealth, and to pro- tect its rights, as well as to perform jii.^ duties Willi fairness to the prisoner. With this view- he would confine himself to plain and simple statement of facts ; and not pre-occupy their minds or forestall their Ojjinions by any re- marks, not consistent with hii jiublic duty. He would contp-nt hiiii.?elf vith presenting such a:i outline of f c-s, only as were in possession ot ihe Government, and gucli as would facilitate the enquiry they had to mBke. That enquiry involved two general propositions. Fi.-st, wheiber the late Dr. Parkman was murdered? and second, whether the prisoner had commit- ted the murder 7 He would bejible to show,fcy evidence the most utiexcfpiionpble, that Dr. Parltrnan was alive, in good health and cheer- ful Sjiirils, on the morning of the day he was missing. That lie was engaged on that day,and up to about ten or fifteen minutes of one o'- clock in the afternoon, was seen alive, enterin.g the Medical College in North Grove street.— They would be able to show, that he did not re-turn home that evening, a fact ia itself which would appear the more remarkable, as he had been alv.'ays scrupulously careful of being at home, among his family, never abi-eiiling himself, without intimating such intention to them. He was bound up with his family, and on the very morning ol the day he was missing, he was admini-itering to tlie wants of a sick chamber, St home H <vii;g purchased a quantity of let- tuce, which he intended to take home, on that day, he left it in a shop adjoining the medical Cfdlegp, and to that shop did not return. His friends then became alarmed. They v/aited until next morning, and then a general search was commenced throughout the city, on Satur- day. The police were summoned to aid in the investigation, and in the course of the day it |)ecttme apparent, that Dr. Parkman had met witti foul play. Notices were then posted throughout the city, and everywhere that his friends were. They were informed, that he was seen as late as 5 o'clock on Friday af- ternoon, on the day he was missing, and in tracing these remarks, it was ascertained, ou fo]lovving them up that it turned out the parlies were mistaicen in respect to the tim.e at which](https://iiif.wellcomecollection.org/image/b21083642_0011.jp2/full/800%2C/0/default.jpg)
