Litchfield enquirer., 1830-08-19

the SuD1ecGs NIT "eDSter tttctt IOors attu tu an argument which. occupied an hour, con tended that the testimony Of MT. COiman ought to be admitted. Messrs. Gardiner and Dexter, counsel for the prisoners, followed and suppOrted the former decision of the Court. MT. Webster replied. occupying a. bout three-fourths of an hour in his closing argument. The Court wishing little time to review the question, adjourned at about half past 4 P. M. to A. M. the next morn ins. ..... ...
 The case on Saturday last, our reporter states, was opened by Wm. H. Gardiner, un- der the following circumstances The Court had ruled that the confessions of J. Francis Knapp couldsnot be received in evidence, in- asmuch as that the assent aforesaid had been obtained by the inducement Of hope or fear hope of pardon, should he assent, and fear of conviction of both of the brothers should he refuse moreover, that the assent of Fran cisq would imply previous knowledge Of the conspiracy, and that the murder was |" be committed, which might be used as evidence against himself, which, by the humane law of the land, was not permitted to be done, or rather purchased by threat or promise. The assent therefore, was bar against the admls- sion of his confession. Webster here offered to prove that Francis gave no assent to the confession of Joseph-wheretore that confess
 sion was independent of all other facts and 1 entirely voluntary.
 Upon consultation, the Court expressed
 their regret that this fact had not been soon
 CT disclosed, which would have saved a long
 argument; yet although it late had come to light, it was the bounden duty of the Court | to protect the rights of the Commonwealth
 as well as those of the prisoner; and 1t those confessions were given voluntarily, the pubic had a right to them. The inducement and the assent being thrown out of the question, the confessions we're evidence, and were ad- missiblc. Let MT. Colman De S,corn.''- MT. Colman proceeded to make his state- ment, which at present is improper should be published. MT. Gardiner then commenced the opening on the part of the prisoner, in a clear and lucid manner, which continued, to- gether with discussions upon legal points, throughout the day, and when the Court rose at night, was not concluded. Perhaps no case of American Jurisprudence has ever oc- cured in this country, where so many new points have arisen; aud in justice to the Court and counsel on both sides, we must say, have been so ably argued and fairly decided, as to command universal admiration. Burrs case is frequently referred to and the doc Urine of principals and accessaries both by the common and statute law, has received the most minute attention, and been scrutinlzed with most critical eye. The Court now are in the midst of an investigation of question never before mooted, and it's novelty IS no bar to its thorough legal inquiry: It should be known that the decisions of this Court ln this case form precedents for the admnistra- ton of justice in future cases, and that this Is the only law term for the adjustment of those doubtful or, questionable points, which in similar capital cases hereafter may arise.- The 44as9 kdi;s. JA&sa JkAnt t0sether since last becoming still further acquainted for some days to come. Fiat justitia, r'sat c0eium.
 - .,-st Boston Com. Gag.
 Salem, >N1onday noon.-The defendant (J. F. Knapp.) opened his case by witnesses, this morning, which testimony was intended to shew, that 1st, there was no conspiracy
 because he. could account for the time and place where the supposed conspirators were at the time Ofthe murder, and 2d, that he was not the person mentioned, as near the house of MT. White, when the murder was commit- ted. In support Ofthe first position, witnesses wele adduced to shew that George Crown inshield, one of the supposed cOnspIrators and murderers, was at a. different place from the scene ofhcmicide, and therefore could not be present aiding and abeiting -and on the sec Ond that there was no identity of the prisoner as having been in Brown-street or in the neighbOrhOod of Mr. Whites house, on the evening of the murder-no one swOre posi- lively to him, but only to dress. It was proved that the dress described. was a com. mon dress. and tailors and matters were addu- ced in evidence, who swore that they had sold in Salem, many such frock coats and glazed caps to young men. as were described by the governments g witnesses. The counsel for the defendant undoubtedly means to ar que fron this, that no face was seen--no voice heard from the person in Browns street, or on the Rope Walk steps,tha suspicion may as we'll fall upon any other one, owning a camblet cloak and glazed hat, as upon the prisoner. An intense anxiety is still kept up. The New York reports of this trial were to- day brought up, end severely censured, as characterized with incorrectness and stupidi- ty; the court. however, decreed that they were without their jurisdiction, but intmated that they would regard deceOcy, so far as to continue their order. that .our public papers should not infringe upon our public justice.
 Ibid.
 Salem, Tuesday ,soon.-The court yester- day and to-day have been employed in ex- amining the witnesses ,in favor fthe defend- ant, J. F. Knapp, and among the rest. N. P. Knapp, the brother and J. J. Knapp, the fd- ther of the prisoner. The feelings of the brother and father were appreciated ny the and'ence-nothing more terrible has ever Oc
 cured in this cOuntry---a young man l9 years ot age, arraigned on peril of life, and witness eS father and hrnth ha. f. x,,, rha atand ona vord