Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1830-11-24

ta'os VI us auW'ss'oh 5esteEuay hoTn-
ing.
The foregoing is abridged from an
account of Tuesdays proceedings in
the Evening Transcript.
We understand that yesterday was
occupied principally in the discussion
whether the testimony Of Rev. MIR.
Colman should be admitted.
From the Salem Gazette. Nov. IL.
At the opening Of the Court ycster-
day morning. n learned aud able opin-
ion Of the Judges. in writing. was de-
livcred by Judge Putnam on this ques-
ton, which it seemed to be agreed by
the counsel was the first time IL had a
risen in any Of the United States:
Whether the confessions Of an ac-
complete. made in consequence Of a
promise from the Attorney General to
admit the accomplice as witness for
the government on the application Of
the aceomplice. can by Law be admit
ted as evidence against the accomplice
himself, after he shall have refused 10
testify on the trials Of those whom he
had accused?
The Court, in their opinion on this
question, discussed the general princi-
pies Of evidence, and numerous cases
in English law bearing on the question.
They considered il fully proved in the
present case, that the prisoner had no
other Undue ement operating on his
mind to make the written confession
offered in evidence, than the promise
Of the Attorney General, that if he
chose 10 disclose fully all he knew as
to the murder, and would ingenuousiy
testify all his knowledge at the trial Of
his accomplices,s such confessions should
not be EVIDENCE against himself; and
the court decided that the prisoner,
having thus been made sure Of his own
safety, did not make the confession
under the influence Of hope or fear. aud
that he had no temptation TO swerve
from the truth, and that the govern.
ment could give in evidence the con.
frssions Of J. J. Knapp, jr. on his tri-
nj, in the ssmc manner as the yoIunta-
ry confessions Of other accused per-
sons are usually given in evidence,
their weight and credibility to be judg.
ed by the jury.
The opinion was listened 10 with
profound attention by the members Of
the Bar and crowded auditory. The
written confessions were then read 10
the jury by the Attorney General, sub
stantisiiy as follows:
First Con(essiou.---As early as some
time last February, the defendant, 10.
seph Jenkins Knapp, jr. told his bro.
Their John Francis Knapp, that he wish.
Ell the old gentleman (meaning Capt.
Whitc) was dead. Frank asked him
whyT lie answered, because the old
gentleman had made will. bestowins
the bulk Of his property upon Mr.. Ste.
phen White, Who had been the means
of injuring defendant and other mem
bers Of the family in the ESTIMATION Of
Capt. White. Told Frank, in joke.
that the old gentleman had often said
he wished to go OF like a fash. Vari.
Gus modes Of taking the LITE we're COO
sidered; whether Il should be done
while he was upon the road 10 his farm
or in has house. Frank said. he had not
pluck enough TO Kill the old man him
self, but he knew who would. Said le
meant Richard, ir. and George Crown
inshield. lie undertook. accordingly.
:" negotiate with them upon the sob
ieet. When he saw them, George said
he would no, 60 10 the house 20 com.
mit the murder. but would meet him
any where out Of doors. Richard said
lac would 20 any where, if George
would back him.
Richard and Frank afterwards had
three meetings in Salem. once b. the
Univer.alist Meeting house, once in
Souibfcld's, aud once AZ the salem,
theatre.
Atthcse meetings, FrA..k told Rich
ard what defendant had said. Defend
ant and Pfsnk had one meeting With
Dick, near the centre IL salem com
mon. Defendant told Richard that be
had that day taken Capt. Whites will
from the iron chest IN bis chamber.-
Also told him What be W0uld give hin