The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1830-08-12

SUPREME JUDICIAL CoURr AT SALEM.
I-Commonueolh, VS.. John Francis
Knapp.-The Court were occupied on
Thursday and part ofFriday forenoon,
i'm receiving evidence on the part of the
government. An argument was be-
gun in the forenoon OH Friday respec-
ting the admissibilty of certain con-
fessions of the prisoner. The argu-
ment was concluded in the afternoon
at about half past 4, when the Court
adjourned for adyisement.
On Saturday morning the judges de-
livered their opinions M considerable
length on question, whether confes-
siOns of the prisoner made under GER
tain circumstances, should be admitted
to be proved. The Court determined
that they should be excluded; but the
circumstances being varied by subse-
quent testimony, the confessions were
received. Here the evidence on the
part of the Government was closed.
| MIR. Gardiner, counsel for the priso-
ncr, bcgau his opening in the forenoon
and concluded i'm the afternoon. The
Court adjourncdt to Monday at 9o'clock;
when the introduction of evidence on
the part of the prisoner will COM
mcnce.
SALEM, AUG. 9.-!Supreme Court.
Mr.. Webster gave notice oa Thurs
day, that when the examination ofoth-
er witnesses was finished, he should
/ ha o.
more at large upon the admission of
the testimony of the Rev. Mr.. Colman,
who was rejected on Wednesday.
On Friday the Court met at GA. M.
| The examination of witnesses on the
part ofthe Government was continued.
VIM. f.. Hacker, J. w. TreadweIl,
VIM. Osborne, J. II. G. Palmer (called
second time} David Starrett, and A
braham True were hen
Mr.. Webster rose and made his prom
ised motion for rehearing of argu-
ment in favor of admitting the testimo-
ny of Rev. Mr.. Colman. He spoke !
about ID minutes in favor of his mo-
ton. Mr.. Dexter opposed the motion.
The Court decided that it would be |
proper to hear an argument upon the
question. Mr.. Webster stated that !
the Solicitor General was prepared to
open the argument in favor of admit
ting the testimony in question:; and
wished that he might be permitted to
perform that duty.
The Court however refused to allow
the Solicitor General to take part in
the prosecution, us II would not be fair
for more than two counsel to act in be-
half of the Government, as but two
had been assigned for the prisoner.
Mr.. Webster then rose himself to o.
pen the argument, and spoke nearly
an hour with great earnestness i'm favor
of reconsideration of the decision of
the Court, and missibility of the testi-
mony they had rejected. Mr.. Gardi-
ner and Mr.. Dexter followed Mr.. Web
ster, and argued ut considerable length
against reconsideration of the deci-
sion. Mr.. Webster replied, restated
his positions, and elucidated his former
arguments. lie concluded his remarks
about half past 4 p. Nj. when the Court
wishing sometime to review their de-
cision, and the Counsel for the priso-
ner being unwilling TO proceed in their
defence until this question was settled,
an adjournment took place till Satur-
day, 8 A. NJ.
On Saturday, as soon as the Court
was opened, the Judges proceeded to
give their opinion on the question ar
gued the proceeding day.
Judge Morton occupied nearly an
hour III expressing his views, and con-
cluded by repeating his former opinion
that the testimony of Mr.. Colman was
Judge Wilde followed; and was a
little more than half an hour i'm deliv-
cring his opinion-the result of which
was, that he considered the former de-
cision agreeable to the rules of law, ,
and that the testimony in question
ought not to he admitted.
Judge Putnam briefly stated his
views, dissenting from the other Judges. :
lie was clesrly of opinion that the tes-
timony should be admitted.
Mr.. Webster then rose and stated ,
his belief that the Court had come to !
heir decision under some misappre- b
as to particular part Of the e
estimony which had been given by Mr.. y
Iolman, and proposed that that gen. :
leman should be called upon the stand, ;
d ascertain the fact. The Court al .
D,,ol hin, O., Lo coI1o1 anJ tho nv