When told that Joseph had determined to confess, the defendant said, "It
is hard, or unfair, that Joseph should have the benefit of confessing,
since the thing was done for his benefit." What thing was done for his
benefit? Does not this carry an implication of the guilt of the
defendant? Does it not show that he had a knowledge of the object and
history of the murder?
The defendant said, "I told Joseph, when he proposed it, that it was a
silly business, and would get us into trouble." He knew, then, what this
business was; he knew that Joseph proposed it, and that he agreed to it,
else he could not get _us_ into trouble; he understood its bearing and
its consequences. Thus much was said, under circumstances that make it
clearly evidence against him, before there is any pretence of an
inducement held out. And does not this prove him to have had a knowledge
of the conspiracy?
He knew the daggers had been destroyed, and he knew who committed the
murder. How could he have innocently known these facts? Why, if by
Richard's story, this shows him guilty of a knowledge of the murder, and
of the conspiracy. More than all, he knew when the deed was done, and
that he went home afterwards. This shows his participation in that deed.
"Went home afterwards"! Home, from what scene? home, from what fact?
home, from what transaction? home, from what place? This confirms the
supposition that the prisoner was in Brown Street for the purposes
ascribed to him. These questions were directly put, and directly
answered. He does not intimate that he received the information from
another. Now, if he knows the time, and went home afterwards, and does
not excuse himself, is not this an admission that he had a hand in this
murder? Already proved to be a conspirator in the murder, he now
confesses that he knew who did it, at what time it was done, that he was
himself out of his own house at the time, and went home afterwards. Is
not this conclusive, if not explained? Then comes the club. He told
where it was. This is like possession of stolen goods. He is charged
with the guilty knowledge of this concealment. He must show, not say,
how he came by this knowledge. If a man be found with stolen goods, he
must prove how he came by them. The place of deposit of the club was
premeditated and selected, and he knew where it was.
Joseph Knapp was an accessory, and an accessory only; he knew only what
was told him. But the prisoner knew the particular spot in which the
club might be found. This shows his knowledge something more than that
of an accessory. This presumption must be rebutted by evidence, or it
stands strong against him. He has too much knowledge of this transaction
to have come innocently by it. It must stand against him until he
explains it.
This testimony of Mr. Colman is represented as new matter, and therefore
an attempt has been made to excite a prejudice against it. It is not
so. How little is there in it, after all, that did not appear from other
sources? It is mainly confirmatory. Compare what you learn from this
confession with what you before knew.
As to its being proposed by Joseph, was not that known?
As to Richard's being alone in the house, was not that known?
As to the daggers, was not that known?
As to the time of the murder, was not that known?
As to his being out that night, was not that known?
As to his returning afterwards, was not that known?
As to the club, was not that known?
So this information confirms what was known before, and fully confirms
it.
One word as to the interview between Mr. Colman and Phippen Knapp on the
turnpike. It is said that Mr. Colman's conduct in this matter is
inconsistent with his testimony. There does not appear to me to be any
inconsistency. He tells you that his object was to save Joseph, and to
hurt no one, and least of all the prisoner at the bar. He had probably
told Mr. White the substance of what he heard at the prison. He had
probably told him that Frank confirmed what Joseph had confessed. He was
unwilling to be the instrument of harm to Frank. He therefore, at the
request of Phippen Knapp, wrote a note to Mr. White, requesting him to
consider Joseph as authority for the information he had received. He
tells you that this is the only thing he has to regret, as it may seem
to be an evasion, as he doubts whether it was entirely correct. If it
was an evasion, if it was a deviation, if it was an error, it was an
error of mercy, an error of kindness,--an error that proves he had no
hostility to the prisoner at the bar. It does not in the least vary his
testimony, or affect its correctness. Gentlemen, I look on the evidence
of Mr. Colman as highly important; not as bringing into the cause new
facts, but as confirming, in a very satisfactory manner, other evidence.
It is incredible that he can be false, and that he is seeking the
prisoner's life through false swearing. If he is true, it is incredible
that the prisoner can be innocent.
Gentlemen, I have gone through with the evidence in this case, and have
endeavored to state it plainly and fairly before you. I think there are
conclusions to be drawn from it, the accuracy of which you cannot doubt.
I think you cannot doubt that there was a conspiracy formed for the
purpose of committing this murder, and who the conspirators were:
That you cannot doubt that the Crowninshields and the Knapps were the
parties in this conspiracy:
That you cannot doubt that the prisoner at the bar knew that the murder
was to be done on the night of the 6th of April:
That you cannot doubt that the murderers of Captain White were the
suspicious persons seen in and about Brown Street on that night:
That you cannot doubt that Richard Crowninshield was the perpetrator of
that crime:
That you cannot doubt that the prisoner at the bar was in Brown Street
on that night.
If there, then it must be by agreement, to countenance, to aid the
perpetrator. And if so, then he is guilty as PRINCIPAL.
Gentlemen, your whole concern should be to do your duty, and leave
consequences to take care of themselves. You will receive the law from
the court. Your verdict, it is true, may endanger the prisoner's life,
but then it is to save other lives. If the prisoner's guilt has been
shown and proved beyond all reasonable doubt, you will convict him. If
such reasonable doubts of guilt still remain, you will acquit him. You
are the judges of the whole case. You owe a duty to the public, as well
as to the prisoner at the bar. You cannot presume to be wiser than the
law. Your duty is a plain, straightforward one. Doubtless we would all
judge him in mercy. Towards him, as an individual, the law inculcates no
hostility; but towards him, if proved to be a murderer, the law, and the
oaths you have taken, and public justice, demand that you do your duty.
With consciences satisfied with the discharge of duty, no consequences
can harm you. There is no evil that we cannot either face or fly from,
but the consciousness of duty disregarded. A sense of duty pursues us
ever. It is omnipresent, like the Deity. If we take to ourselves the
wings of the morning, and dwell in the uttermost parts of the sea, duty
performed, or duty violated, is still with us, for our happiness or our
misery. If we say the darkness shall cover us, in the darkness as in the
light our obligations are yet with us. We cannot escape their power, nor
fly from their presence. They are with us in this life, will be with us
at its close; and in that scene of inconceivable solemnity, which lies
yet farther onward, we shall still find ourselves surrounded by the
consciousness of duty, to pain us wherever it has been violated, and to
console us so far as God may have given us grace to perform it.
[Footnote 1: Chief Justice Parker.]
[Footnote 2: This seems to have been actually the case as regards J.F.
Knapp.]
[Footnote 3: And yet this argument, so absurd in Mr. Webster's opinion,
was based on the exact fact.]
[Footnote 4: He did not.]
[Footnote 5: 4 Hawk. 201, Lib. 4, ch. 29, sec. 8.]