Richard Crowninshield lived in Danvers. He would retire by the most
secret way. Brown Street is that way. If you find him there, can you
doubt why he was there?
If, Gentlemen, the prisoner went into Brown Street, by appointment with
the perpetrator, to render aid or encouragement in any of these ways, he
was _present_, in legal contemplation, aiding and abetting in this
murder. It is not necessary that he should have done any thing; it is
enough that he was ready to act, and in a place to act. If his being in
Brown Street, by appointment, at the time of the murder, emboldened the
purpose and encouraged the heart of the murderer, by the hope of instant
aid, if aid should become necessary, then, without doubt, he was
present, aiding and abetting, and was a principal in the murder.
I now proceed, Gentlemen, to the consideration of the testimony of Mr.
Colman. Although this evidence bears on every material part of the
cause, I have purposely avoided every comment on it till the present
moment, when I have done with the other evidence in the case. As to the
admission of this evidence, there has been a great struggle, and its
importance demanded it. The general rule of law is, that confessions are
to be received as evidence. They are entitled to great or to little
consideration, according to the circumstances under which they are made.
Voluntary, deliberate confessions are the most important and
satisfactory evidence, but confessions hastily made, or improperly
obtained, are entitled to little or no consideration. It is always to be
inquired, whether they were purely voluntary, or were made under any
undue influence of hope or fear; for, in general, if any influence were
exerted on the mind of the person confessing, such confessions are not
to be submitted to a jury.
Who is Mr. Colman? He is an intelligent, accurate, and cautious witness;
a gentleman of high and well-known character, and of unquestionable
veracity; as a clergyman, highly respectable; as a man, of fair name and
fame.
Why was Mr. Colman with the prisoner? Joseph J. Knapp was his
parishioner; he was the head of a family, and had been married by Mr.
Colman. The interests of that family were dear to him. He felt for their
afflictions, and was anxious to alleviate their sufferings. He went from
the purest and best of motives to visit Joseph Knapp. He came to save,
not to destroy; to rescue, not to take away life. In this family he
thought there might be a chance to save one. It is a misconstruction of
Mr. Colman's motives, at once the most strange and the most
uncharitable, a perversion of all just views of his conduct and
intentions the most unaccountable, to represent him as acting, on this
occasion, in hostility to any one, or as desirous of injuring or
endangering any one. He has stated his own motives, and his own conduct,
in a manner to command universal belief and universal respect. For
intelligence, for consistency, for accuracy, for caution, for candor,
never did witness acquit himself better, or stand fairer. In all that he
did as a man, and all he has said as a witness, he has shown himself
worthy of entire regard.
Now, Gentlemen, very important confessions made by the prisoner are
sworn to by Mr. Colman. They were made in the prisoner's cell, where Mr.
Colman had gone with the prisoner's brother, N. Phippen Knapp. Whatever
conversation took place was in the presence of N.P. Knapp. Now, on the
part of the prisoner, two things are asserted; first, that such
inducements were suggested to the prisoner, in this interview, that no
confessions made by him ought to be received; second, that, in point of
fact, he made no such confessions as Mr. Colman testifies to, nor,
indeed, any confessions at all. These two propositions are attempted to
be supported by the testimony of N.P. Knapp. These two witnesses, Mr.
Colman and N.P. Knapp, differ entirely. There is no possibility of
reconciling them. No charity can cover both. One or the other has sworn
falsely. If N.P. Knapp be believed, Mr. Colman's testimony must be
wholly disregarded. It is, then, a question of credit, a question of
belief between the two witnesses. As you decide between these, so you
will decide on all this part of the case.
Mr. Colman has given you a plain narrative, a consistent account, and
has uniformly stated the same things. He is not contradicted, except by
the testimony of Phippen Knapp. He is influenced, as far as we can see,
by no bias, or prejudice, any more than other men, except so far as his
character is now at stake. He has feelings on this point, doubtless, and
ought to have. If what he has stated be not true, I cannot see any
ground for his escape. If he be a true man, he must have heard what he
testifies. No treachery of memory brings to memory things that never
took place. There is no reconciling his evidence with good intention, if
the facts in it are not as he states them. He is on trial as to his
veracity.
The relation in which the other witness stands deserves your careful
consideration. He is a member of the family. He has the lives of two
brothers depending, as he may think, on the effect of his evidence;
depending on every word he speaks. I hope he has not another
responsibility resting upon him. By the advice of a friend, and that
friend Mr. Colman, J. Knapp made a full and free confession, and
obtained a promise of pardon. He has since, as you know, probably by the
advice of other friends, retracted that confession, and rejected the
offered pardon. Events will show who of these friends and advisers
advised him best, and befriended him most. In the mean time, if this
brother, the witness, be one of these advisers, and advised the
retraction, he has, most emphatically, the lives of his brothers resting
upon his evidence and upon his conduct. Compare the situation of these
two witnesses. Do you not see mighty motive enough on the one side, and
want of all motive on the other? I would gladly find an apology for that
witness, in his agonized feelings, in his distressed situation; in the
agitation of that hour, or of this. I would gladly impute it to error,
or to want of recollection, to confusion of mind, or disturbance of
feeling. I would gladly impute to any pardonable source that which
cannot be reconciled to facts and to truth; but, even in a case calling
for so much sympathy, justice must yet prevail, and we must come to the
conclusion, however reluctantly, which that demands from us.
It is said, Phippen Knapp was probably correct, because he knew he
should probably be called as a witness. Witness to what? When he says
there was no confession, what could he expect to bear witness of? But I
do not put it on the ground that he did not hear; I am compelled to put
it on the other ground, that he did hear, and does not now truly tell
what he heard.
If Mr. Colman were out of the case, there are other reasons why the
story of Phippen Knapp should not be believed. It has in it inherent
improbabilities. It is unnatural, and inconsistent with the accompanying
circumstances. He tells you that they went "to the cell of Frank, to see
if he had any objection to taking a trial, and suffering his brother to
accept the offer of pardon"; in other words, to obtain Frank's consent
to Joseph's making a confession; and in case this consent was not
obtained, that the pardon would be offered to Frank. Did they bandy
about the chance of life, between these two, in this way? Did Mr.
Colman, after having given this pledge to Joseph, and after having
received a disclosure from Joseph, go to the cell of Frank for such a
purpose as this? It is impossible; it cannot be so.
Again, we know that Mr. Colman found the club the next day; that he went
directly to the place of deposit, and found it at the first attempt,
exactly where he says he had been informed it was. Now Phippen Knapp
says, that Frank had stated nothing respecting the club; that it was not
mentioned in that conversation. He says, also, that he was present in
the cell of Joseph all the time that Mr. Colman was there; that he
believes he heard all that was said in Joseph's cell; and that he did
not himself know where the club was, and never had known where it was,
until he heard it stated in court. Now it is certain that Mr. Colman
says he did not learn the particular place of deposit of the club from
Joseph; that he only learned from him that it was deposited under the
steps of the Howard Street meeting-house, without defining the
particular steps. It is certain, also, that he had more knowledge of the
position of the club than this; else how could he have placed his hand
on it so readily? and where else could he have obtained this knowledge,
except from Frank?
Here Mr. Dexter said that Mr. Colman had had other interviews with
Joseph, and might have derived the information from him at previous
visits. Mr. Webster replied, that Mr. Colman had testified that he
learned nothing in relation to the club until this visit. Mr.
Dexter denied there being any such testimony. Mr. Colman's evidence
was read, from the notes of the judges, and several other persons,
and Mr. Webster then proceeded.
My point is to show that Phippen Knapp's story is not true, is not
consistent with itself; that, taking it for granted, as he says, that he
heard all that was said to Mr. Colman in both cells, by Joseph and by
Frank; and that Joseph did not state particularly where the club was
deposited; and that he knew as much about the place of deposit of the
club as Mr. Colman knew; why, then Mr. Colman must either have been
miraculously informed respecting the club, or Phippen Knapp has not told
you the whole truth. There is no reconciling this, without supposing
that Mr. Colman has misrepresented what took place in Joseph's cell, as
well as what took place in Frank's cell.
Again, Phippen Knapp is directly contradicted by Mr. Wheatland. Mr.
Wheatland tells the same story, as coming from Phippen Knapp, that
Colman now tells. Here there are two against one. Phippen Knapp says
that Frank made no confessions, and that he said he had none to make. In
this he is contradicted by Wheatland. He, Phippen Knapp, told Wheatland,
that Mr. Colman did ask Frank some questions, and that Frank answered
them. He told him also what these answers were. Wheatland does not
recollect the questions or answers, but recollects his reply; which was,
"Is not this _premature_? I think this answer is sufficient to make
Frank a principal." Here Phippen Knapp opposes himself to Wheatland, as
well as to Mr. Colman. Do you believe Phippen Knapp against these two
respectable witnesses, or them against him?
Is not Mr. Colman's testimony credible, natural, and proper? To judge of
this, you must go back to that scene.
The murder had been committed; the two Knapps were now arrested; four
persons were already in jail supposed to be concerned in it, the
Crowninshields, and Selman, and Chase. Another person at the Eastward
was supposed to be in the plot; it was important to learn the facts. To
do this, some one of those suspected must be admitted to turn state's
witness. The contest was, Who should have this privilege? It was
understood that it was about to be offered to Palmer, then in Maine;
there was no good reason why he should have the preference. Mr. Colman
felt interested for the family of the Knapps, and particularly for
Joseph. He was a young man who had hitherto maintained a fair standing
in society; he was a husband. Mr. Colman was particularly intimate with
his family. With these views he went to the prison. He believed that he
might safely converse with the prisoner, because he thought confessions
made to a clergyman were sacred, and that he could not be called upon to
disclose them. He went, the first time, in the morning, and was
requested to come again. He went again at three o'clock; and was
requested to call again at five o'clock. In the mean time he saw the
father and Phippen, and they wished he would not go again, because it
would be said the prisoners were making confession. He said he had
engaged to go again at five o'clock; but would not, if Phippen would
excuse him to Joseph. Phippen engaged to do this, and to meet him at his
office at five o'clock. Mr. Colman went to the office at the time, and
waited; but, as Phippen was not there, he walked down street, and saw
him coming from the jail. He met him, and while in conversation near the
church, he saw Mrs. Beckford and Mrs. Knapp going in a chaise towards
the jail. He hastened to meet them, as he thought it not proper for them
to go in at that time. While conversing with them near the jail, he
received two distinct messages from Joseph, that he wished to see him.
He thought it proper to go; and accordingly went to Joseph's cell, and
it was while there that the disclosures were made. Before Joseph had
finished his statement, Phippen came to the door; he was soon after
admitted. A short interval ensued, and they went together to the cell of
Frank. Mr. Colman went in by invitation of Phippen; he had come directly
from the cell of Joseph, where he had for the first time learned the
incidents of the tragedy. He was incredulous as to some of the facts
which he had learned, they were so different from his previous
impressions. He was desirous of knowing whether he could place
confidence in what Joseph had told him. He, therefore, put the questions
to Frank, as he has testified before you; in answer to which Frank Knapp
informed him,--