known, react in corroborating what would have been received with caution, until thus corroborated. How could Leighton have made up this conversation : "When did you see Dick?" "I saw him this morning." "When is he going to kill the old man." "I don't know." "Tell him if he don't do it soon, I won't pay him." Here is a vast amount, in few words. Had he wit enough to invent this? There is nothing so powerful as truth; and often nothing so strange. It is not even suggested that the story was made for him. There is nothing so extraordinary in the whole matter, as it would have been for this country boy to have invented this story.

The acts of the parties themselves, furnish strong presumption of their guilt. What was done on the receipt of the letter from Maine? This letter was signed by Charles Grant, jr. a person not known to either of the Knapps,-nor was it known to them, that any other person, beside the Crowninshields, knew of the conspiracy. This letter, by the accidental omission of the word jr. fell into the hands of the father, when intended for the son. The father carried it to Wenham where both the sons were. They both read it. Fix your eye steadily, on this part of the circumstantial stuff, which is in the case; and see what can be made of it. This was shown to the two brothers on Saturday, 15th of May. They, neither of them, knew Palmer. And if they had known him, they could not have known him to have been the writer of this letter. It was mysterious to them, how any one, at Belfast, could have had knowledge of this affair. Their conscious guilt prevented due circumspection. They did not see the bearing of its publication. They advised their father to carry it to the committee of vigilance, and it was so carried. On Sunday following, Joseph began to think there might be something in it. Perhaps, in the meantime, he had seen one of the Crowninshields. He was apprehensive, that they might be suspected; he was anxious to turn attention from their family. What course did he adopt to effect this? He addressed one letter, with a false name, to Mr. White, and another to the committee; and to complete the climax of his folly, he signed the letter addressed to the committee, "Grant"---the same name as that signed to the letter they then had from Belfast, addressed to Knapp. It was in the knowledge of the committee, that no person but the Knapps had seen this letter from Belfast; and that no other person knew its signature. It therefore must have been irresistibly plain, to them, that one of the Knapps must have been the writer of the letter they had received, charging the murder on Mr. White. Add to this, the fact of its having been dated at Lynn, and mailed at Salem, four days after it was dated, and who could doubt respecting it? Have you ever read, or known, of folly equal to this? Can you conceive of crime more odious and abominable? Merely to explain the apparent mysteries of the letter from Palmer, they excite the basest suspicions of a man, who, if they were innocent, they had no reason to believe guilty; and who, if they were guilty, they most certainly knew to be innocent. Could they have adopted a direct method of exposing their own infamy? The letter to the committee has intrinsic marks of a knowledge of this transaction. It tells of the time, and the manner in which the murder was com

more

mitted. Every line speaks the writer's condemnation. In attempting to divert attention from his family, and to charge the guilt upon another, he indelibly fixes it upon himself.

Joseph Knapp requested Allen to put these letters into the postoffice, because, said he, "I wish to nip this silly affair in the bud." If this were not the order of an overruling Providence, I should say that it was the silliest piece of folly that was ever practised. Mark the destiny of crime. It is ever obliged to resort to such subterfuges; it trembles in the broad light; it betrays itself, in seeking concealment. He alone walks safely, who walks uprightly. Who, for a moment, can read these letters and doubt of J. Knapp's guilt? The constitution of nature is made to inform against him. There is no corner dark enough to conceal him. There is no turnpike broad enough, or smooth enough, for a man so guilty to walk in without stumbling. Every step proclaims his secret to every passenger. His own acts come out, to fix his guilt. In attempting to charge another with his own crime, he writes his own confession. To do away the effect of Palmer's letter, signed Grant-he writes his own letter and affixes to it the name of Grant. He writes in a disguised hand; but how could it happen, that the same Grant should be in Salem, that was at Belfast? This has brought the whole thing out. Evidently he did it, because he has adopted the same style. Evidently, he did it,—because he speaks of the price of blood, and of other circumstances connected with the murder, that no one but a conspirator could have known.

Palmer says he made a visit to the Crowninshields, on the 9th of April. George then asked him whether he had heard of the murder. Richard inquired, whether he had heard the music at Salem. They said that they were suspected, that a committee had been appointed to search houses; and that they had melted up the dagger, the day after the murder, because it would be a suspicious circumstance to have it found in their possession. Now this committee was not appointed, in fact, until Friday evening. But this proves nothing against Palmer, it does not prove that George did not tell him so; it only proves that he gave a false reason, for a fact. They had heard that they were suspected-how could they have heard this, unless it were from the whisperings of their own consciences? Surely this rumor was not then public.

About the 27th of April, another attempt is made by the Knapps to give a direction to public suspicion. They reported themselves to have been robbed, in passing from Salem to Wenham, near Wenham pond. They came to Salem, and stated the particulars of the adventure they described persons, their dress, size, and appearance, who had been suspected of the murder. They would have it understood, that the community was infested with a band of ruffians, and that they, themselves, were the particular objects of their vengeance. Now, this turns out to be all fictitious, all false. Can you conceive of anything more enormous, any wickedness greater, than the circulation of such reports?-than the allegation of crimes, if committed, capital? If no such thing-then it reacts, with double force upon themselves, and goes very far to show their guilt. How did they conduct on this occasion? did they make hue and cry? Did

they give information that they had been assaulted, that night, at Wenham? No such thing. They rested quietly on that night; they waited to be called on for the particulars of their adventure; they made no attempt to arrest the offenders ;-this was not their object. They were content to fill the thousand mouths of rumor,— to spread abroad false reports,-to divert the attention of the public from themselves; for they thought every man suspected them, because they knew they ought to be suspected.

The manner in which the compensation for this murder was paid, is a circumstance worthy of consideration. By examining the facts and dates, it will satisfactorily appear, that Joseph Knapp paid a sum of money to Richard Crowninshield in five franc pieces, on the 24th of April. On the 21st of April, Joseph Knapp received five hundred five franc pieces, as the proceeds of an adventure at sea. The remainder of this species of currency that came home in the vessel, was deposited in a bank at Salem. On Saturday, 24th of April, Frank and Richard rode to Wenham. They were there with Joseph an hour or more: appeared to be negotiating private business. Richard continued in the chaise: Joseph came to the chaise and conversed with him. These facts are proved by Hart, and Leighton, and by Osborn's books. On Saturday evening, about this time, Richard Crowninshield is proved to have been at Wenham, with another person whose appearance corresponds with Frank, by Lummus. Can any one doubt this being the same evening? What had Richard Crowninshield to do at Wenham, with Joseph, unless it were this business? He was there before the murder; he was there after the murder; he was there clandestinely, unwilling to be seen. If it were not upon this business, let it be told what it was for. Joseph Knapp could explain it; Frank Knapp might explain it. But they don't explain it; and the inference is against them.

Immediately after this, Richard passes five franc pieces; on the same evening, one to Lummus, five to Palmer; and near this time, George passes three or four in Salem. Here are nine of these pieces passed by them in four days; this is extraordinary. It is an unusual currency in ordinary business, few men would pass nine such pieces in the course of a year. If they were not received in this way, why not explain how they came by them? Money was not so flush in their pockets, that they could not tell whence it came, if it honestly came there. It is extremely important to them to explain whence this money came, and they would do it if they could. If,. then, the price of blood was paid at this time, in the presence and with the knowledge of this defendant; does not this prove him to have been connected with this conspiracy?

Observe, also, the effect on the mind of Richard, of Palmer's being arrested, and committed to prison; the various efforts he makes to discover the fact; the lowering, through the crevices of the rock, the pencil and paper for him to write upon; the sending two lines of poetry, with the request that he would return the corresponding lines the shrill and peculiar whistle-the inimitable exclamations of "Palmer! Palmer! Palmer!"—all these things prove how great was his alarm; they corroborate Palmer's story, and tend to establish the conspiracy.

Joseph Knapp had a part to act in this matter; he must have opened the window, and secreted the key-he had free access to every part of the house; he was accustomed to visit there; he went in and out at his pleasure-he could do this without being suspected. He is proved to have been there the Saturday preceding.

If all these things, taken in connexion, do not prove that Capt. White was murdered in pursuance of a conspiracy-then the case is at an end.

Savary's testimony is wholly unexpected. He was called, for a different purpose. When asked who the person was, that he saw come out of Capt. White's yard between three and four o'clock in the morning, he answered Frank Knapp. I am not clear this is not true. There may be many circumstances of importance connected with this, though we believe the murder to have been committed between ten and eleven o'clock. The letter to Dr. Barstow states it to have been done about eleven o'clock-it states it to have been done with a blow on the head, from a weapon loaded with lead. Here is too great a correspondence with the reality, not to have some meaning to it. Dr. Peirson was always of the opinion that the two classes of wounds were made with different instruments, and by different hands. It is possible, that one class was inflicted at one time, and the other at another. It is possible, that on the last visit, the pulse might not have entirely ceased to beat; and then the finishing stroke was given. It is said, when the body was discovered, some of the wounds weeped, while the others did not. They may have been inflicted from mere wantonness. It was known that Capt. White was accustomed to keep specie by him in his chamber; this perhaps may explain the last visit. It is proved, that this defendant was in the habit of retiring to bed, and leaving it afterwards, without the knowledge of his family; perhaps he did so on this occasion. We see no reason to doubt the fact; and it does not shake our belief that the murder was committed early in the night.

What are the probabilities as to the time of the murder? Mr. White was an aged man;-he usually retired to bed at about half past nine. He slept soundest, in the early part of the night; usually awoke in the middle and latter part; and his habits were perfectly well known. When would persons, with a knowledge of these facts, be most likely to approach him? most certainly, in the first hour of his sleep. This would be the safest time. If seen then, going to or from the house, the appearance would be least suspicious. The earlier hour would then have been most probably selected.

Gentlemen, I shall dwell no longer on the evidence which tends to prove that there was a conspiracy, and that the prisoner was a conspirator. All the circumstances concur to make out this point. Not only Palmer swears to it, in effect, and Leighton, but Allen mainly supports Palmer, and Osborn's books lend confirmation, so far as possible from such a source. Palmer is contradicted in nothing, either by any other witness, or any proved circumstance, or Occurrence. Whatever could be expected to support him, does support him. All the evidence clearly manifests, I think, that there was a conspiracy; that it originated with J. Knapp; that defendant became a party to it, and was one of its conductors, from first to

last. One of the most powerful circumstances, is Palmer's letter from Belfast. The amount of this was, a direct charge on the Knapps, of the authorship of this murder. How did they treat this charge; like honest men, or like guilty men? We have seen how it was treated. J. Knapp fabricated letters, charging another person, and caused them to be put into the postoffice.

I shall now proceed on the supposition, that it is proved that there was a conspiracy to murder Mr. White, and that the prisoner was party to it.

The second, and the material inquiry is, was the prisoner present, at the murder, aiding and abetting therein?

This leads to the legal question in the case, what does the law mean, when it says, to charge him as a principal," he must be present aiding and abetting in the murder."

In the language of the late chief justice, "it is not required that the abettor shall be actually upon the spot when the murder is committed, or even in sight of the more immediate perpetrator of the victim, to make him a principal. If he be at a distance, cooperating in the act, by watching to prevent relief, or to give an alarm, or to assist his confederate in escape, having knowledge of the purpose and object of the assassin,—this in the eye of the law is being present, aiding and abetting, so as to make him a principal in the murder."

"If he be at a distance cooperating"-this is not a distance to be measured by feet or rods; if the intent to lend aid, combine with a knowledge that the murder is to be committed, and the person so intending, be so situate that he can by any possibility lend this aid, in any manner, then he is present in legal contemplation. He need not lend any actual aid: to be ready to assist, is assisting.

There are two sorts of murder; the distinction between them, it is of essential importance to bear in mind.-1. Murder in an affray, or upon sudden and unexpected provocation :—2. Murder secretly, with a deliberate, predetermined intention to commit murder. Under the first class, the question usually is, whether the offence be murder or manslaughter, in the person who commits the deed. Under the second class, it is often a question whether others, than he who actually did the deed, were present aiding and assisting thereto. Offences of this kind ordinarily happen when there is no body present except those who go on the same design. If a riot should happen in the court house, and one should kill anotherthis may be murder, or it may not, according to the intention with which it was done; which is always matter of fact to be collected from the circumstances at the time. But in secret murders, premeditated and determined on, there can be no doubt of the murderous intention; there can be no doubt, if a person be present, knowing a murder is to be done, of his concurring in the act. His being there is a proof of his intent to aid and abet; else, why is he there?

It has been contended, that proof must be given that the person accused did actually afford aid, did lend a hand in the murder itself;—and without this proof, although he may be near by, he may be presumed to be there for an innocent purpose; he may have crept silently there to hear the news, or from mere curiosity to see what was going on. Preposterous--absurd! Such an idea shocks