The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-08-18

lting, and that Joseph J. Knapp and e. Crown
iRshield hired and procured, &c.
The Clerk then proceeded TO empannel ju-
ry for the trial of J. F. Knapp. The prisoner
challenged nineteen jurors peremptorily, and
nine for cause, and the government challenged
two for cause. a jury being empannelled, Sol
ONION Nelson was appointed foreman.
Counsel for the prisoner Franklin Dexter
and William H. Gardiner, Esq'rs, of Boston.
At the opening of the case on the part of the
government, the Counsel for the Common
wealth informed the Court that they had EN-
ployed the Hon. Daniel Webster to assist in
the more arduous part of the present cause
The Attorney General began his opening in
the forenoon, and finished it in the afternoon
The witnesses were called on the part of the
government. Two plans of MIR. Whites house
and neghborhood were exhibited, and Mr.
Saunders testified to their accuracy. Benja.
mlR White and Lydia KimbaH testified that they
entered the room of Mr.. White on the morning
eff the 9TH of April, and found him dead in his
bed
DR.. johnson was called to examine the body
OF Mr. White-found ten wounds al first, and
afterwards three more.
The Attorney General having proved the
murder to have been committed, stated that he
should next endeavor to prove a combination 10
commit the murder, and for that purpose his
first witness would be Joseph J Knapp, Jr
who took the stand. The Attorney General
asked him II he was willing TO testify He de-
cned by shaking his head. What reason do
you give Mr.. Dexter objected to the question.
and the Court sustained the objection, The
Attorney General then observed that he ouqht
to be informed that the governments pledge
had been redeemed, which was that he should
be protected upon full confession. You still
refuse To testify, do yous He nodded assent.
IN mar thn1 a al A.
all be upon your own head. He was then re.
manded, While in Court he did not sneak.
Messrs Dexter and Gardiner observed that the
prisoners refusal TO testify was not through
any advice from them-he acted upon his own
responsibility. The Attorney General stated
that he should endeavor to prove conspiracy
by other witnesses
Benjamin Leighton testified, that he had over
heard conversation between the two knapp's
at Wenham-he lives with Mr. Davis AT Mrs.
heckfoEd's piace-was at WenAam where she
mas resided since the murder of Capt. White,
and Mr. J. J Knapps family resided there |
iived there since the 9th Of October last-they
came there about the same time. While | was
there, and about week before the murder,
overheard conversation, after dinner, when |
/ went TO the lower end of the avenue, and sat
down near the wall to rest near the gate.
there heard the two Knapps in conversation, the
following being the words. near as can rec
ollect. }. J Knapp. When did you see Dick ?
}. +. Knapp This morning. j. When is he
I gong To Kill the old man. F. don't know
-. If he don't kill him soon won't pay MIN
They turned back, and heard no more. This
was the Friday before the murder. never
told any one that had heard such conversation
knew the two Knapps, and cannot have mis-
taken the conversation | have related ION
Z question OF his / -
never saw Richard Crowninshield to know him
Francis came to Wenham, to see Joseph, after
the murder once, but do not know the day
/ ne came about 9 o'clock, P. NJ 1t was about
two or three weeks before he came there to
hve-Mrs. Beckiord was there, and gentleman
/ was at the coor, in chaise. Joseph was al
I home-Francis got cut of the chaise and asked
II Joseph was at home Mrs. Beckford said
! yes-inside at the middle door, Joseph met him
they shut the door, and were together an
/ hour The honse is on lane
4 Cross Examined. The house is about fifty
/ Ioos from the rOad-the conversation between
/ Joseph and Francis was at the lower end of the
pasture; Mr. Davis, Joseph and Frank were al
/ Wenham-J. and F. Knapp were at the gate
next TO the house. | went down the avenue
ana they went out into it, The facts of thi:
conversation he did not tell Mr.. Davis, or an,
6ody eise-he never was called upon TO testify
MI - and another called upon me, and re
quested me to TO Mr.. Waters Office tolC
them knew nothing about the affair | hay
always said knew nothing about it. The,
stopped at the gate, by the house, and passe
by them-they saw which way passed in
stead OF going TO work sat down. MIR. Davis
who lived IN the house, came along soon after
but said nothing about it to him. Aflerward,
he was carried to Mr. WIS office, and was tolc
10 stay in town. ! left the two Knapps stand
ing by the gate in font of the house | did MOI
go INTO the road, but went down the avenue in
TO the pasture; did not turn but kept or
streight down the avenue
/ i he avenue is in view from the house but
not from the gate. The gate is in the fence
which parts the avenue where the Knapns stood
/ The avenue narrowed near the house, and The
gate Is about forty feet from the door. From
the house 10 the wall where got over, abon
nifty rods. have tried IT, and know thew coule
j mol see me. tried it from fear that they woule
kiil me If they bad seen me--if they had know
that had heard them--or knew that had sal
down there behind the wall
witness was then questioned to ascertain. i
ne had not heretofore denied having knowledg,
I OF any facts connected with the murder II,
al nItted he had, because he was afraid To Tel
what he knew. lie said, I" did rot mean !,
say any thing, for fear if the two Knanns 90
!Iee, they would XIII me and because, afiet
The murder, F. Knapp, used to draw his dir
from his bosom and prick me.
Rec Mr.. Coleman. In answer to the cues
ton OF the Attorney General, What do vor
Know relative to the confessions of John F
KNAPP" Mr.. Colman stated that he move,
knew any thing personally, or Of his own
knowledge, until the 2sth May, when Joseph
I >. KNAPP, promised to confess, which was moi
done. Witness then went 10 another cell
where J. Francis Knapp was confined. and he
asked bun If he was willing his brother should
confess J J X. having previously wished his
orothers consent. The reverend gentleman
.hen uhdertook TO relate the conversation which
took place between himself and Francis i
Knapp when Mr.. Dexter protested against the
admissibility of any confessions Of Francis. in.
asmuch as they were obtained by menace and
the hope of reward. Mr.. Colman said do
not think am able to give the precise words
but only the substance of them. They were,
that IT Joseph was condemned, there would be
no chance for him, whereas IL joseph was IN
raan N..~m -