Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-11-25

3ssepA Jenkins Knapp, stating that he had
Gene IL witsout pledge or hribe, or soiicsta
ton whatever. iftkat was not to De insrods-
ced, he did not know what could DC given IN
evidence.
Gardiaer was going on to argue against
the admission Of the confession but the Court
thought fhat al The facts reiSt'ss 70 the mode
in ,vhich they were obtained, should be first
known, when
Mr Coiman was again callsd, and testified.
I first heard OF the arrest of the kaapps. on
Thursday Morning, the 9th, but did not
VISIT until Friday morning.
went to the prison with the knowledge u
appreciation Of the family. told BIN l was
much distressed. That | was ssFsy for his
situatioa, and il could render him any scr
vice which It was proper for me to render, he
might command nae. He asked ms IL tho't
they could prove It. | told him | did not
know any thing abost it, other than what
certain gentlemen, in whom | had great cen
fideuce, had told me, that IN their opinion
the evidence was conclusive.
I charged him il he was innocent, by no
means to involve himself,-he must be the
judge of that. lie asked me again, and |
think repeatedly, If they could prove II, and
| answered him as before, that ] didn't know
lie sat on the bed and drew close. lie lsok-
| cd up to the wall and | looked up, and saw a
| c~revics frsm which the saw dust appeared TO
have fallen. He appeared to be anxious not
TO be overheard, and this excited my suspi-
cion, and | asked him who occupied that
cell. He told me George Crowninshield was
overhead. He told me he had let down a
| pencil and paper through the ~crcvice, and
showed il TO me As | was going out, he as
ked III would return.
l returned 20 the cell about three o'clock
on the same day-vcry much the same con
versation passed. with the addition, that [
then told him that the gentlemen OF whom I
had before spoken, had authorized me 10 use
them names. I mentioned Mr.. Chase, DIR.
Bsrstow, and Mr.. ~Fettyplace as having Civ
en- the opinion, that the evidence was decI-
sive. Tfe asked me If | thought they would
bring Palmer up. | understood him 10 ask
it at the suggestion of some one in the cell a
bsye, but whether Richard or George Grown
iushieid | am unable TO say | gave him my
beiieftha they would. told kin | was nearly
exhassted-indeed | was oppressed with g,ief
and anxiety, anu that | must leave him-. that
1 could de no ,nsre--could offer him no bribe
would not persuade him he must act on
his owa responsibility-l had discharged my
conscience. ftoid aim | understood that APP
plication bad been made for q pardon Cor Pal
mer. AT the third interview, | stated 10 bin
that If any thing was done, it raust be done
that day. There was aDother thing at the
second interview. ! had inquired Of counsel
whether, if a person cskiesses, andif ii did
not commit the accomplices, it wsuld avail
to the safety Of the indlyidual-and | gave
him the opinion oGcdr Mcrrell, that it would
provided 1T was done in good faith. He then
without any other preparation beckoned me
to GO inte a corner of the cell, and 10 a low
tone of voice he disclosed TO me o. Here
MIR. Csalman was stePsed-he afterwards
stated, an answer to questions By defendants
counsel.
That he told the prisoner he would do all
IN his power to obtain For lTn the privilege
oil being States witness, at the secons inter
view.
AND that after he left the prison the third
fine, he did not see the prisoner till he retur-
ned from Boston, with the Attorney Gener-
ais authority.
Alss, that he did not tell the prisoner that
Mr.. Merrll said a pledge could be ebtaincs-
and that there was an endorsement on the
back OF a copy OF the pledge, which was
shown to Phippen Knapp, and shewn to the
prisoner, tkati there Nas any prevaricatlsn,
or denial, or retracuon, On worry strong terms
the pledge would avail nothing.
~ uCiSIihduls COUNSEL tnSh arSHeu a.
galnst the confessions, on the ground that
they were obtained under the influence oil
hopes and Tears, and q promise, and were
therefore inadmissible as evidence. Author
itie' were cited, and it was contended that
the doctrine that a man could be convicted
by his own confessions, if he refused to
testify, wasnot supported bygood authority as
touching tais case.
The Court then adjourned ia hear The ar
Suments of the Government in faver of its
admission yesterday morning,
The foregoing is abridged from an account
fot Tuesdays proceedings in the Evening
Transcript.
We understand that yesterday was sccu-
pied principally in the discussion whether the
testimony of Rev. MIR. C0lman should be adj
mitted.
by latter accounts we learn that the
Court have decided in favor of allowing MIR.
WEB3TER TO appear as counsel for The State,
and also 10 favor of admitting the testimony
of Colman in relation to the confessions OF
Knapp. Mr.. Colman's examination was,
therefore, continued