The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1830-08-14

the counsel for the government would, at
this late date furnish list of the witness
es. He apprehehaeH that It was the pris-
oner's right to know what witnesses he
was to be confronted with. Some ofthem'
might be inadmissable, and it might be
necessary to get evidence of that fact
from distant part of the commonwealth
Judge Putnam--Is it your demand t.
be furnished with list Of Witnesses in the
case
G.-Yes, Sir.
The Attorney General said it had not
been the customary practice.
Judge 6tnam saw no objection, it was
a reasonable request, and very proper
one, and he thought it matter Of strict prac
tice, that the prisoner should have the
list. Judgment ought to be stayed at the
last moment, if 1t could be done by the
introduction of evidence.
The Attorney General said he would
furnish the list if the court ordered it.
Judge Putnam said the court certainly
did SO order.
The following gentleman we're then
s%oln as jhrors:-Ephrailn Anhable, John
Ayrss, Sd, Joseph Bartlett, Nathaniel
Brown, Samuel Foster, Cktrles Fostor,
Joshua Howard, John Morrill,, William
Micklefeld, Solomon Nelson, Ichabod b.
Sargent, And Asa Todd.
Solomon Nelson was appointed fore
man.
The indictment was then read to the Ju
ry, and the trial of J. F. Kapp:proceeded.
The Attorney General had just commcnc-
ed his opening when the Court adjourned.
On Tuesday afternoon the trial OF John
Francis Knapp. was continued. The At
torney General concluded the statement
offacts with which he intended to open
the case, stated the points he intended to
establish, and the law on which he should
rely. 1t was proposed by the counsel for
the prisoner, that the jury should proceed
to view the premises upon which the ymur-
def was committed, but as drafts and sur
veys had been taken, the motion was over
ruled by the court The witnesses fol
the government were then called. The
first examined was Benjamin White, a do
mcstic in the family OF the late Joseph
White, who explained the situation ofthc
house, and the manner in which the as
sissination was first discovered. Mrs.
kilnbaIl, aiiother domestic, was also
examined in regard to the same points
and to the habits of Mr.. White. Dr.Sam
uel Johnson, the first physician who at
tended, was next upon the stand, and re-
lated mnutely the condition in which lie
found the body THE deceased, the char
acter of the wounds, and the manner iii
which he supposed them to have been In
flictcd. AT this point, the attorney Gen
ernl said he had now proved that the mur
der was committed he should next
proceed to prove that there was a COM
bination to commit the murder for
that purpose, his first witness woGld
be Joseph jenkins Knapp, jr.
When he was placed upon the stand,
the Attorney General asked him if he was
willing to be sworn
The reply was in the negative.
What reason do you give '... p,
MIR. Dexter said he would submit TO the
Court whether it was regular to ask the
witness his reasons
The court thought he was not obliged
to give his reasons /; he had the opportu-
nifty oftes,iiying ifhe pleased. g.. !
The Attorney General said the prison.
or ought to be told that the pledge given
by the government, that he should be pre-
tcctcd upon a full confession was redeem
cd. You still refuse to testify, do yoa,
sir
do Was the reply.
Messrs. Dexter and Gardner both stat
ed that the refusal Of the prisoner to tes-
tify was not in consequences OF their ad-
vico he acted upon hrs own responsible
ty.. ,.,
Joseph ]. Knapp was then remahdad.
The Attorney General said he shoold ,fn-
dcavor 70 prove fhe conspiracy BY ether
witnesses. He would merely state that
in case of this kind, the art Of enc was
the act of all concerned. lie then called
John, Lay ton. a young man residing in, the
family with Joseph j. Knapp, Jr' at Wen.
ham. Orthe testimony of this witness, il
will not be proper, at the present state Of
the casc,to give any report, al the close
of his examination, the court adjourned.
On "Wednesday morning the trial pro-
ceeded, The Rev. Mr.. Coleman was the
90. - -..sH