Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-11-17

lOTCe Ol reasoning oT more bptneSS OI IL
lustration.
Mr.. Dexter replied with considerable
acumen and power, maintaining particu-
larly that, as the first oral disclosures of
Joseph Knapp were made under pro-
mise of obtaining impunity for him, if
practicable, so the written confessions
given after such promise had been secu-
red, were to be considered.as standing
on the same basis.
The Court wish for time to make up
their judgment on the point.
The Counsel for the prisoner said that
they should require every thing to be
proved which they had a right to require,
and which would tend to the safety Of
the prisoner; and among other things
that the fact of J. j. knapp's being IL
principal in the murder Of Capt. White
must be established by other evidence
than the record of the judgment of the
Court in his case, before they could
proceed to the trial of Joseph as acces-
sorry.
The Counsel for the Government
maintained that that record was sufficient
not only to establish his conviction but
his guilt; and no other evidence of this
could be required.
The Court gave no opinion here; and
adjourned to the afternoon, that they
might proceed with some Witnesses to
such points as it might i'll this stage Of
the business be convenient to establish
with view to despatch.
At the opening of the Court in the
morning the Attorney General proposed
to prove that one Of the Jurors had re-
pcatcdv said he would never convict an
Individual in case where the penalty
was DEATH but the Cout would not al
low him {, do it, as il was considered for
the reasons given yesterday, that such
thing was not to be done after the Jury
was impannclled.
We are indebted for the foregoing to
the Courier.
+ In the afternoon, the examination Of
Witnesses commenced, and the same
course of examination took place, and
the same evidence was given, as at the
trial Of }. i. Knapp at the late term.
White, Lydia Kimball, Mrs. kimball,
Henry r. Deland, Lewis Endicott, DIR.
J,hnson, }. w. Treadwcll, John Laigh-
ton, Thomas Hart, Mr.. LummIs, and
Rev. MIR. Colman. The Court then
adjourned to o'clock, A. Nj. Thurs
day.
On Thursday, at the opening Of the
Court, Judge Putnam read written o.
pinion in favor olthe admission OF Joseph
J. knapp's confessions. The Court
considered it fully proved in the present
case that the Prisoner had no other in
ducemcnt operating on his mind to make
the written Confessions offered in evi-
dence than the promise of the Attorney
General that if he chose to disclose fully
all he knew as to the murder, and would
ingenuously testify all his knowledge at
the trial of his accomplices, such confcs-
sions should not be evidence against him
self: and the Court decided that the Pris-
oncr, having thus been made sure Of his
own safety, did not make the Confcs-
sions under the influence ofhopc and fear,
and that his mind Was left free and un-
biassed, and that he had no temptation
to swcrve from the truth, and that the
government could give in evidence the
confessions of J. J. Knapp, jun. Oh his
trial in the same manner as the volun-
tary confessions of other accused persons
are usually given in evidence, their
weight and credibility to be Judged by
the Jury.
The written confessions were then
read to the Jury by the Att. Gen. sub
stantally as follows:
FIRST CONFESSION.
As early as some time last February,
the defendant, Joseph jenkins Knapp,
jun. told his brother, John Francis Knapp,
that he wished the old gentleman (mean-
ing Capt. Whac) was dead Frank
asked him Why He answered bee ausc
the old gentleman had made will, be-
slowing the bulk of his property upon
Mr. Stephen Wh;ie, who had been the
means OF inluring defendant and the 9TH
er members of the family in the cstma-
ton of Capt WhHe. Told Frank, in Joke,
that the old gentleman had often said he
wished to go off like flash Various
modes oltaking the life were considered;
whether it should be done whilst he was
upon the road to his farm, or in his house.
Frank said, he had not pluck enough to
kill the old man himself, but he knew who
would. Said he meant Richard, jr. and
George Crowninshcld lie undertook,
accordingly, to negotiate with them upon
the subject When he saw them, George
said he would not 90 to the house, to
commit the murder, but would meet him
any where out of doors. Richard said
he would go any where, if George would