Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-08-25

lated the circumstances which cOnstitu-
ted presence in the law. Ii was not ne
ccssary to measure the distance by rods
or lines. The court would first however
instruct them that it was necessary that
the man should go to the scene of action,
knowing that the particular offence was
to be committed at that time. But if he
co-Opcrated it was Of consequence. Dis
tancc was not the essence of presence,
so to speak. The defendant knew the
time and the design, and was privy to it.
lie left his own house with the pcrpctra-
tor, with the intent that the murder should
be done for the purpose of encouraging
him to do it. All these things made the
defendant a principal according to the
words Of the law.
The next witness was the father of the
miserable men: Mr. w. regretted that
he had been called ut all; he was willing
to attribute to his aflliction, his broken
credit, and his broken heart, the errors
into which he had fallen. He had said
that his son was at home on the night of
the murder; previous to this time, III all
his troubles and anguish on this acc cunt,
he had not mentioned this circumstance
His statements were entirely contradict
ed by Mr.. Sheppard and Mr.. Treadwell.
He had lost his recollection, or lost his
veracity, they were willing to believe
the former. Then what become of the
Alibi? There was nothing given by his
own witness to show where he was after
he left Wenham. Richard and the de-
iendant were away from theirus haunts
on the night of the murder. No account
could be given of them, unless it was by
the witnesses for the prosecution. Were
they together or were they not' Were
they in disguise about Brown street or
were they not? Was it possible that
Richard Crowninshicld had no second in
this crime? Certainly not. If he had
any assistance it was Frank Knapp. The
other conspirators were accounted for;
they were not; this brought the matter
home upon the head of the defendant.-
Two persons were seen in Brown-street
under suspicious circumstances the
neighbors watched them. Now if those
persons were not connected with this
murder there was no accounting for them.
There was no clue to show who they
were unless they were the murdercrs.
Was any thing more reasonable than
to suppose they were connected with the
murder, unless something was introduced
to show who they were? No person
doubted but that the murder was commit
ted by some one of these consprators.-
If these suspicious persons were the mur-
dcrcrs they were none other than Crown
inshicld and the defendant Brown-st.
was retired; it gave view of Capt.
Whites house; it was near enough and
was sufficiently concealed. Here the
eye was to decide upon the crime. The
lights were to be out, and a. proper time
allowed for the people to be asleep; this
was good post Of observation. Rich
ard wanted no help in the house; he ex-
pccted no scuflc, but he might have
wanted help in carrying away money if
he got any, or in conccaling his flight if
he retreated. There was no evidence
that Richard did not conceal himself in
the garden, an hour before the defendant
was observed; in that place he could
have heard or seen any signal given from
Brown street But it was of no conse-
quencc whether the defendant was near
or not, if Richard felt conscious that the
defendant was as near as he could be
safely, and left encouraged by that cir
cumstance, then Frank Knapp was pres
ent, aiding and abctting.-Hc next pro-
ceedcd to show that the defendant was
in Brown street
After seven o'clock, the Court adj
journcd.
Thursday morning. Mr.. Webster con-
tinued his argument upon the appear
ance Of the men in Brown street, partic
ularly the testimony of MIR. Bray. He
lie supposed the place assigned for the
meeting after the murder, to have been
in Brown street; he supposed Frank and
Richard were seen by MIR. u. r. Webs
ter, in Howard street, that they agreed
upon the place to sccrctc the club: that
Richard got into the garden, and thence
to the house; that Frank waited for him
in Brown street; that he thought no per-
son watched him, that he told Richard
he might safely go down Howard street
and secrcte the club, and so on home to
Danvcrs by the North bridge. That
Richard did so, and that Frank then
went home. These were the reasons in
dependent of any confession, inducing
the belief that Francis Knapp was in
Brown street, aiding and abctting. The
time selected with "a perfect knowledge
of Mr.. Whites habits.
Mr.. Webster next examined the tcsti-
mony of MIR. Colman. He thought it
improper to attach any odium to Mr.. G.
for his conduct; il was perfectly consis-