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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
April 9, 1850     Barnstable Patriot
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April 9, 1850
 
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manufacturer, if possible, to the extent of dispe nsing enti rel y with +he aid of the ploug hma n in giving ii specimen of good plou«hin g; nniiid—no more be done in behalf of the unhapp y prisoner? Is that the evidence—rtho only evidence on whi«h we are to base our verdict of 'Not Guillv! ' ' At that , very tims> , with the lig ht which the able charge of the Chief Jnstica afterwards gave us on several points of "th« law and Ihe evidence ,"I think I tpeak the sentiments of nearl y if not quite all the Jury, when I say that they were as full y prepared for the-verd ict, as they were when they retired to the Jury room , after Listening to the most able and eloquent pleas of the prisoner 's senior counsel and the Attorney Genera)—so strong ly, so full y had the evidence pointed to Jhe prisoner as the guilty man —and to no one else, After the jury had ;gone to their room—with th ,e various evidences of guilt spread out on the tabie befoie them and the door locked upon them; shut out as it were entirel y from the world , with nothing but the eye of the Omnis- cient God upon them—so painful was the sense of responsibility, so unwilling ' were they to come to the result which all felt they must come to, that thirty or fort}' minutes were spent ere anything was done —when at last the voice of Ihe Foreman was heaid calling thfiin ,(o order and reminding them of duly, however painfu l ; and when they had all taken their ceaUs around the table—t hen il was that one of ihe j urors rose and said , "Mr. Foreman , before entering upon the lyi'Slter consideration and decision of this ntnst imiKirtimi matter ,I wou ld propose that , we seek for Di viuti vyisd.om and guidance. " The proposition «iet with a cordial response , and the foreman called nspoii a jciror to offer prayer. This was dono most feelingl y an<3 sincerel y. We then proceeded to the most trying and painful part of our arduous duty. — The, vajj fius articles which were put into the case were, examined by the jury, and particula rl y those things which wined lo bear most strong ly against the prisoner. The final decision of the question was reso'lved into three parts . First. Are the remains of a human bod y found in the Medical College on the SOlh of November 1849 , those of the late Dr. George Parkman ? Second. Did Dr. George Parkman come to his death by the hands of Dr. John XV. Webster in the Medical College , on the, 23d of November 1849 ? Third. Is Dr. John W. Webster guilty, as-set forth in the indictment , of the wilful murder of Pr, George Parkman ? When the vole on the first question was put twelve hands arose immedia tely. Some, little discussion took place ,when the second was tested—-and twelve , hands at once arose. The third — the most impor- tant question of all — was next to be tried. Quite a pause ensued. One j uror—in his sympathies o( kindness for the prisoner (who was his personal friend) and his afflicted famil y-—shrunk from the "fiery ordeal. " "Can 't we stop here ?—can 't the law lie vindicated and jus tice satisfied , if we pause here ? Must we, take , ihe life of Ihe unhappy [iris- oner ?" Some discussion ensued—the mind of the juror seemed more calm—and he expressed his wil- lingness ^to vote on the final question , which was then put , and twelve hands arose ! The die was cast ! and John W. Webster was pronounced Guilty of Murder. rims ended the closing scene in the Jury Room. What afterwards transp ired in the Court Room is alread y known to the public. When our foreman then pronounced that awful word— Guilty ! t he Ju- ry -as well (is the prisoner trembled and grew fain t. And what a relief it was to us when we were again allowed "to go free ,'' and rejoin our families and friends after so long ?a nd painfu l a separation ; and thero was not a juror 's heart but would have leaped for joy could the prisoner have been justl y allowed the same unspeakable blessing. One of tiik Jury . Boston , April 3d , 1850. Last Hours of Mr. Caliioun.—At about 8 o'clock on Ihe evening previous lo his death , Mr. Calhoun remarke d lhat his mind was never dearer; that he had great facility in arrang ing his thoug hts; anil in rep ly to a remark of his son ,lhat he was fear- ful he was occupy ing himself too much in thinkin g, he. said : "I cannot avoid thinking of the political af- fitirs of the country . II I could but have one horn- to speak in the Senate , I could do more good than on uuv previous occasion of iny life. " In rep ly lo a remark of a friend , lamenting the , prospect of a close, of his career ,while ,in the full pos- session of sit hit ; mental faculties , Mr. Calhoun said : "I desiro nothing ppnjrary to the constitut ion of na- Jure. " His countena nce in death was eerane and majes- ti c. To a friend who spoke to the dy ing man ,of the time ap d manner in whiph i| was best tp meet death , he rpn)s| iked : "1 have ,but littlu concern about either; I desire to die,in the discharge of my duh ; I have an UHSli akei] reliance upon the providence of God. " [Boston Times, Cat,ikohniaxb. —Extract of a letter iceeivod by Celonel Hatch, of New Bedford , dated li t Talcahu\ iino, Nov. 19, 1849 ;— "Our brig, the. Emil y I'arnham , arrived at this port I81I1 inst ., 42 days from Montevideo. On the jiH3Sa »e our number - has been increased by two— Mrs. Osgood ha\ing given bir th to n son and Mrs 1 'axtoi) to a dau "-hler—their husban ds each mem- hers of jtfrc 'Old Salt Mining Comp any- ' All well. " Vrcssw. Uob8ki>.— A bold thief went on board of Wqne Shannon , »t Boston , shortl y after her arrival from Mew Orleans ,Wednesday afternoon ,and break- ing onen 't hffi Cap tain's DKH | 'for defendant s, In our paper of the 5th ult , we foreshadowed the pla n of our friend Barke r, to reclaim about 5000 acres of marsh land in the town of Barnstable , by running a Dyke from what is called Calves Pasture to the neck of land which encloses Bar nstable Harbo r, so as to prevent the flow of salt water , for the purpose of drain- ing the marshes and converting the same into fresh meadow or tillage land ; provided there be no intcrfcr- ancc with private ri ghts. The act of incorporation of the Company empowered to make this improvcmeut .as we have previousl y stat ed , gives to the new company the exclusive lig ht to plant Oysters and catch Herring and to raise the water above the Dyke; and gives the title of the " Great Marsh Dyking, Water Power and Fishing Company." It is proposed in the plan of operations to raise S80,- 000 by an issue of 1000 shares at SSO each , for the pur- has e of l eal estate necessary for the same. On Wednesday last , a meeting was held in the Grand Jury Room of the Court House at Barnstable , by the pro prietors agreeably to previous notice. The meeting was called to order at half past 3 o'clock, p.m., by John B. Crocker , Esq., some twenty of the proprietors being present. Freeman Marchant , Esq. was chosen Chairman , and Dr. F. H. Jenkins , Secreta- ry pro tern. After reading the Act of Incorporation , on motion of George Jenkins , Esq., it was voted to accept the Corporate Powers granted by the Legislature , March 14th , 1850, and proceed to the choice of officers. Chakles Makston , Esq., received all the votes thrown and was declared elected President. Nathaniel Hockxey , Esq. was chosen Secretary, and Seth Parker, Jr. Esq., Treasurer. It was then voted to choose a board of seven Direc- tors , and Nathan Jenkins , Charles L. Bassctand Joseph Huckins of Barnstable , John Doane of Orleans , Ed- ward Crocker of Yarmouth , Charles B. II. Fessenden and Benjamin Ewer of Sandwich , were dul y elected Directors. The meeting then adjourned to meet at the same place on the 1st day of May proximo , at 2 o'clock, p.m. His IIonok, Judge Bigelow.—This, comparative- ly, youthfu l jurist, who held the term of the C. P. Court here last week , left a very favorable impression in re- gard to h is abiliti es, and his gentlemanl y and judge- like bearing in Court , as well as his social , citizen-like demeanor off the bench. His charge to the Grand Jury was lucid , able, instructive , and sufficientl y comprehen- sive , for all the purposes of our County at least ; while it was void of a needless prolixity of detail about crimes and misdemeanors which he knew well enough were never heard of on the Cape—such as we have some- times listened to from Jud ges who have preceded him. Indeed , Jud ge Bigelow's was a charge peculiarly adapt- ed to a Cape Cod jury ; and his comp limentary con- gratulation of them that they were "eminentl y favored in living in a community distinguished above all others for its quiet , peaceful habits, its freedom from liti ga- tion and its respect for the laws," was not inappropri- ate ; and every juror , and every listener, felt prouder of the fact , for having a stranger jud ge, thus remind him of such a state of society here, and that its blessings were appreciated by those who have opportunities to contrast the morals of our county with those of all the others In the Commonwealth. There is certainl y much promise in Jud ge Bigelow's present standing and at- tainments , that he is destined to an eminent position in the judiciary of Massachusetts, to say the least. Office Holders' Dinner.—There is to be a gath- ering today (Tuesday,) in this nei ghborhood , of the old and the new Boards of County and Special Com- missioners for qualification , &c.—together with the Clerk of the Courts , the Hi gh Sheriff (and a part of his posse likel y.) But there is also to be a "good time" at the Hotel, opposite ! By inv itatio n of Jud ge Marston , Chairman of tke Hoard of Examiners , all these office holders, and ex-officc holders (and some offiee-seeto's too) are to dine with him at Crocker 's Hotel—a"d (best of all) we, too, are invited ! Now as we come under neither of the above heads , we must claim to rank as •'Reporter " as well as guest. And we have commenc- ed our duty, in that line, in advance , by the above inti- matiou of what's coining ; and while the devil waits to take this to the case, and our foreman frets at the press of matter coming upon him , we are reminded by the savory odor which has crossed the road , into our very sanctum , that the estimable landlad y has nea rly pre- pared the feast ; and it is time for us to "bitter up'' for the onset. Nous verrons. DC7""Among the petitions presented nt the bite Icnn of the Court of Common Pleas, was one from sundry owners of real estate in Wellueet , for the appointment of Commissioners to build a Dyke in that town , ac- cording to statute. We have heard it suggested that the appointment of our distinguished townsman , John Barker Crocker, as that Commissioner, would be a fit- ting compliment to his genius and scientific attain- ments on such matters , and as the subject is continued at Court we hope the friends of Mr Crocker will look after his interests in this particular. D^=Our volatile nei ghbor of the Register—who ex- ercises all a Frenchman 's facility in hopping from one subject to another , and with the coherence of a magpie, too—seems to imag ine that we referred to his "being a young man," as if it were an "atrocious crime!" —when our onl y wish was, that it might merel y be weighed in his favor, certainl y ; so that , the public could appreciate the prodigy, entire , that prates so extensivel y of his "self respect " while reading us lessons on '-editorial courtesy," "twisting and dodging," 'elegant bilingsgate,1 ' and the like! Because we are confident that that pub- lic "Would scarce expect one of his age, To play such pranks on any stage." However, he now contents himself with "wishing, in the words of another "—and we are at a loss whether that other was the older or the younger Pitt , probabl y the younqer—with "wishing that he may be one of those whose follies cease with their youth , and not ot that num- ber who are ignorant in spite o f experience." He certain- ly has our best wishes, also, for the same desirable con- sumation. K7~\Ye are pleased to know that at the late term of the Court , a petition was circulated , and signed by many of our leading citizens , for the alteration of the interior arrangement of the Court House in this place. We hope the County Commissioners at their next meeting will act promptl y on the subject , and direct the proper improvements to be made. At present more than half of the valuable space in the centre of the Court Itoom is wasted , and there is no such thing as convenience cither to the Bar, to parties interested in proceedings, or the public generall y. The u nwieldl y table ought to removed , and the whole interior re-ar- ranged in modern sty le, and this may be done , we arc confident , without any considerable expense. The new Board of Commissioners cannot make a more popular move, and we are sure that the matter will no longer be neglected. Discharged.—Perez Anglo, a foreigner and vaga- bond who had wandered down on the Cape, was bound over to the Court of Common Pleas at Barnstable, by a Justice of the Peace at Orleans, 011 charge of mali- cious mischief in burning some fences. Fortunately for the prisoner , the papers to guide the Grand Jury in the investigat ions were not forwarded , and Anglo was discha rged , and when last seen was making tracks thro ' the sand to get off the Cape. [CrEi ghthundrcd ol the Boston whigs have address- ed a letter of thanks to Daniel Webster for his speech on the slave question. The Cii-eat Mar sh »yUi"S Company. We have seen the printed report of the Directors of this Road—purporting to be "a report of their do- ings for the year ending December 31, 184 9,"—and 1 in our view , it is art full y concocted (in evident dis- j regard of the sp ir it of the law requiring annual re- 1 j turns from them) to conceal some of their misdoings , j I and to keep up the delusion and continue the decep- tion practiced , through their financial e.misaries and the newspapers in their interest ,upon theirstockhol- : dera and the public. By an act of the leg islature of last year it was re- quired that this "annua.1 report to be made by the Directors , shall contain full information upon the sev- eral items hereinafter enumerated , to wit :"'—Such is the language of the law. Under that law , the Di- rectors have made their "annual report ," and sworn to it as "true according to their best knowledge and belief—us a "Return of the Cape Cod Branch Rail i Roa d , under tho Act of May 1, 1849, chap. 191." ligrls it worth while to try longer to makeT ^ thing of that Sandwich Observer ? We quit ' **'*'' ! spair ! In the last number , its editor comphii,ls v ** cause we said last week , that he had "admitted V " lie did rial have the authority of Mr , Pane ," &t. "" he quite, indi gnantl y retorts thus :—"\V e should"! ^'' for the Patriot to point out , if he can , the paraor. in which we have made any such admission:' \ \ I now , let's try ; and do the best we can. 1,, |]le 1 • ' server of March 23, is th is "paragrap h ," viz. "Mr. Page did not authorize us ! We have ne ' said that he did. We did not say, nor did We m t f to say, that he authorized us to make o»t/ siatehi ^ \ivhatcver." Such was his "adm ission" then. 4 i cording ly we staled last week , that he had admit!' that he "did not have the authority of Mr. P!lae'i imakin g his statement. Now he calls on us (0 "i, ¦ out the paragrap h in which he made, any such ! mission." Wull , we have ;—there it is, above q, 'ed! Look at it;—read it. ' Now , what does that act , which they recognize— and which , in form, they pretend to follow—require ? It requires , among other "items "—that under the head of "Miscellaneous '' expenditures , they shall «iv e "full information " of the amount of "Interest" paid. Have these Directors civen such "full informa- tion ?'¦ No !—but against that "item , enumerated'' in the law ,under the head of "Miscellaneous expen- ditures "—th ese gentlemen , pretending to give "full information ," under oath , say t his— "No interest paid on account of expenditures for working ihe road !"— The law does not a;4c them to state on what "account " the interest was paid. But under this head it does "require " them to give the amount of interest they have paid. They do not g ioe it under that. head.— But , one would suppose frcm the decep tive note they have written against the proper plac e, designated in t he law , that they had given "full information " on this point somewhere else in the report. Is it so ?— No it is not ! We have , it , indirectl y, but correctl y, from their Treasurer ,that they have , nowhere, in this report , given "full information "—nor any informa- tion—as to the amount of interest they paid last year ; They have nowhere made return , nowhere added in this large "item " of interest paid—which , at 6 per cent, on the atnou 'nt of their debt , could not have been less than $14,000 !! Did those Directors mean to go before a Justice of the Peac e and solemnl y swear that this was "full information ," "according to their best knowledge and belief V They have done so ! This is worse than we supposed it was, fiom the glimpse we had , throug h the Register and Observer , of the contents of this "report ," before it was official- ly published by the leg islature. We had supposed , that if those Directors had dodged the direct require- ments of the law , and had evaded the expose the legislature intended they should make ; that it was only an evasion—that they had somewhere reported what amount of interest they had paid—that it was included in some other "item ,"if it was not reported among expenses. When the Register told us that Ihe construction account , which was in June last on- ly $593,386, was in this "Report ,'" made 6 months later , swelled up lo $G16 ,f59—we did suppose that this addition of more than $23,000 to the cost of the road , in the last C months , might include the "item " of mote than $14,000 lawful interest on their debt . But it is not so! And we are assured ,upon the best authority —that of the Treasurer himself—that this lawfu l interest on that debt is not included in any item in their report. Those Directors , who have made this Report to the Legislature (under the law which says it "shall contain full information '' upon this item of "inter- est'') and have. swt>rn lo it, as "true according to their best knowledge and belief ,'' may, possibl y know of some way to get over, or get round , such a state- ment , and excuse themselves to their own consciences. We hope they can. But , if they fan , and if they shall , they cannot get over, nor rovnd, the fact that their Report is deceptive and is calculated (we do not say it was designed) to deceive their stockholders and to cheat the public ! It represents their "net earnings , ajter deducting expenses $20,136 23.'' Had they made their report iu conformity to the re- quirements of the law , and put the iimount they paid for interest under its proper head as arranged in the law , that , alorre , would have reduced this "ite m'' of "net earnings " from twenty thousand , to about three thousand dollars ! Then their stockholders could have better seen the "net earnings " of .their proper- ty—ih«n they could better have concluded whether it was best to comp ly with the. urgent solicitations of those Directors to take more of their slock , at $50 per share ! The Report of the Worcester Kail Road , -which immediatel y precedes that of the C. C. Branch , and that of the Cheshire Road which immediatel y fol- lows it , in the printed leg islative document , bot h have tho amount of "interest" paid , put in its proper place , designated in the law itself , and de- ducted from the "total income "—thus showing the "net earnings '' as they reall y were. But instead of t hat , the Directors of the C. C. Branch not onl y do not put it down there , and then deduct it , but they do not put is down any where, nor at all !—and so make a show of more than $20 ,000 "net earnings ,'' when in fact , had the law been comp lied with , as the Worcester and Cheshire comp lied , it would lmve been lilile , if any, over $3,000 ! And yet they swear to their Report , as "true , according to their best knowledge and belief!" And months before their Report can be published , they put before the public , throug h the Register and the Observer , a brief and deceptive synopsis of it—showing, what they there call their "Net Income " to be $20,136 23. And the Observer took pains then to add—that all this "affords much encourag ement for the future !" As we have thus far been commen ting upon a "public document ," of wh ich the Legislature ordered 3,000 copies printed , we hope we shall not be accus- ed by our neighbors, on either hand , with "inter- medd ling with what don 't concer n us'1—and we may take the liberty, further to analize this interesting Report ! The arrival of the Europa from Liverpool brings European news fourteen, days later than by previous advices. The news does not possess any special in- terest. In Eng land there had been a sli ght decline in most kinds of cotton ; coffee had also declined a- bout fi fteen shillin gs within a few weeks. Corn ha ! sli ghtl y advanced , and flour remained unchanged.— The Chancellor of the Exchequer , in his aniuul bud get , estimates the, surp lus income of the year en- suing at about £1,500,000. On the Continent all things remained substantiall y as at previous dates. The elections in France have passed off quietl y. H7-We are requested to say that the Committee of the First Univcrsalist Society in Chatham , whose ro- tice appeared in our last week's paper , have completed their contract for building a new Meeting House agree- able to their plan. igyThe recent State election in Connecticut re- sulted in a complete domogratie t riump h. Cape Cod Branch Rail Boad. We will not condescend to notice , further subtle quibbling of the Observer on this poii,( . lhat he had a detailed account of the transact ' from Mr. Page 's own lips; and that then he nr( firmed his statement upon the authority of Mr.P(,Se „ " and yet he "didnot say , nor did he mean to say (],' Mr. Page authorized him ;''—anil now he says, ], has never "admitted that he did not linre the aiitl 10 ity of Mr. Page ! " He "had the authority 0[ ^ ~ Page''—and yet "Mr. Page never authorized " ],'„„' , Out , upon such nonsense ! The Observer is pleased , often , lo step out of ,| way to speak of the "principal writer for the Piltl.j ot"-—the "leading writer for the Patriot ,'' and 1,; "eminently characteristic '' sty le—the "features of which are loo well known for Us paternit y to be mjg taken "—and to indul ge in such like allusions, .u says our remarks last week , are characterist ic of ollr "pr incipa l writer." Does the young gentleman $Up. pose he is enli ghtening any bod y, or amusing jin,._ bod y, with such allusions and references ? ]f |lc does, er if he ci.n thus gratif y himself , evtm , we are content for him to continue such episodical inaitm tt_ lions. We aie aware that the Paliiot has a charac ler—its character;—established ; and we have nlway, endeavored to conduct it characteristicall y eoii8i8. tent ; to have its editorials characteristicall y logical and true ; characteristicall y manl y and respectful • and when we have to administer to a case of tnm. scendental idiosyncracy, dyspeptic sentimentii liiy anil wilfu l obfuscation—like that of the Observer in its present condition—our prescri ptions arc pin. ty likely to be characteristicall y caustic. California Lettkrs.—Most oi the letters ro- Cfcived at this place yesterday, brought by tlie lust California steamer , from the native sons of Cape Cod , were of a very encourag ing nature. Our time will not permit us to furnish extracts this week. Be- mittancesof gold dust have been made by several of those who left home last season , and their accounts of. the good health existing among them was very gratify ing to their numerous friends. Favorable news is also received from John A. Lewis, Thomas Crocker , Ephraim Ilohnef , Nelson Chi pman , Russel Bourne , Timothy W. Phinncy, George L. Smith , Joseph Huckins , Edwin Fish , anil many others belong ing lo this section of the Slate. They are engaged for the most part in lucrative business, and speak very flattering ly of their pros- pects. Mr. Samuel Crocker , a carpenter of this place, who left-Val paraiso in October , 1848, for San Fran- cisco, has been very successfu l,and is now estimated to be worth $100,000 ! We learn that the Sandwich Mining Company, which le ft N. York in November last , took passage in a vessel from Panama for San Francisco. tjBTThe Grand Jury, at Ihe laic session of the Court of Common Pleas in this place found no hills of indictment against any one. The brother s, Ebe- nezer and Abi-jah Lamed , of Oxford , weie here to answer lo their Bonds , and no evidence of any con- sequence appearing against them ,in connection with tin-..Robbery of 'the safe of Union wharf Company, in Provincetown , they were discharged. It is now rumored that an officer is in pursuit , of a notorious burg lar , who it is.believed , robbed the safe. Finn.—On Wednesday afternoon last , whil e tlie Court was in session in this place , the store of Messrs. Cobb & Smith , on Central wharf , was dis- covered to be on fire. It had taken in the loft , and the blaze had nearl y burst throug h the rool before it was discovered. In a ,few minutes after the alarm was given more th-in a hundred persons in altend- anco at Court , were on the spot to arrest its progri'S*, and the timel y assistance which was rende red by them , saved , not onl y the store, with but slight dam- age, but the entire fishing establishment whicfi nil"' have inevitabl y been destroyed ,had not the progress of the fire been arrested at an earl y moment. Severn ! vessels were ly ing aground at the wharves , anil were considered in " great danger. The sloop Maj l, *lie onl y vessel afloat , was got into the stream. Thf nre was ca used by spontaneous combustion. TM l°ss susta ined was about 35150. ©"The lecture at the. Methodist Chapel in lliis village , last Friday evening, was by Mr. Simeon N- Small. It was upon the subject of "quackery "—tw» he handled his subject with much skill and ingenui - ty. All the professions came in for a full share o' the quackery of the age except lawyers. These he nix'lectcd to notice. The piesumption was, that in oitler to do full just ice tu the numerous class on- ga«ed in the legal profession , he would be required tog ive a seperate lecture . Lkoislatukk .—The columns of our paper h«ve been so much crowded for several weeks past , n» I" exclude our usual Leg islative reports. We li"vi> omitted it because theT e seemed to be various f"b" j tcts vastl y more interestin g to our readers. Tlicr0 is no expectati on that this bod y will bring to n close its business so long as the spring weather holds ba' 1 *" ward. K7~The editor of the Register has omitted to in- form us, of the occasions, and instances , of his vnloro u ^ defences, "ti me and again ," of some unmentionc'l p" ties , "from the Patriot 's unjust aspersions!" Wt'l'i * shall have to rel y upon history then. l)oul)tl<*s " chivalry , on the occasions in question , will be duly « rolled. Hepoktkd Safety of Sir John Fkanki.ii*. A letter from Mr. Randall , dated St. Paul , Mi'"'1 "1' la , March 12, to his brother , John Randall , fur Wer* chant in New York city, says— .. A clog train arrived here yesterday from some