The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-11-17

Webster objected going into the whole case
which had been before decided He admitted
the right OF the prisoner to show that J. F.
Knapp was not GU a. as had been charged. or
that no crime had been committed He ad.
united tho difficulty of limiting the INQUIRY
and dld not wish to restrain the prisoner to
any thing less than was his right-it would be
safer Tor the Court to err in his favor-but he
( thought 1t was not competent to them to revise
the former verdict The prisoner must be pre-
pared to show some new fact, not introduced
before, which shall show the innocence of the
/ principal of the crime of which he had been
convicted. II we are to go over the other
| trial, there is no reason in the law, which re.
qnires that principal shall be convicted before
the accessory is brought to trial
The Court said it was competent to the de-
PENDANT to show the innocence of the principal
by any means in his power, either by law or
iact' new oFod, and they could not limit that
power.
Several witnesses were then examined. lint
they did not testify to any fact not proved on
! the former trial
| Dexter closed the defence He argued, that
! the defence consisted of two branches, and it
was to be inquired, first, if John Francis Knapp
was prlncipal--that is, did he aid and abet !?
tor that is charged in the indictment If he
was not principal, the prisoner must be aquit.
ted, Tor he is on trial only as accessory to him
1 as principal, and not as accessory to any other
other principal He examined the evidence
( touching the presence in Brown. street, with
great ability, and commended, that there was
not even presumption that he was there for
the purpose OF aiding the murderers; but that
he was there TO learn the result, which invo lived
his life or perhaps to partake of the plumber
which Richard said he should get
The other branch of the inquiry is, if Frank
/ was principal, is it proved that 10. hired and
| procured him. He said the evidence of Layton
was wholly Incredible; and that the comics.
slons, notwithstanding the opinion of the Court
that they were properly introduced, did moi
stand on good ground. and could not be cred
] tied. This he said was all the evidence ia
! prove that he was accessory at ALL and this
J did not show that he was accessory 10
I Frank Knapp, but to Richard Crownnshield
for which he was not on trial-hat the evi.
dence went to show, that he hired and procur-
/ ed Richard and not Frank, and on any or all
these grounds he ought to be acquitted.
Friday Morning.
Mr.. Webster closed his arguments for the gov
ernment at ~ o'clock, in peroration of surpass.
/ ing pathos. We know not an instance when eo.
quence has been more powerful. The thought
! language and manner, equally combined to produce
the highest effect upon human mind and human
svmpathies.
/ Knapp has been calm and collected tbropgbopt
not like an obdurate man, but like one who had
come to the conclusion that he had no hope. and
could not be affected by the chances of the game
because the result was clearly foreknown lie dis
plays neither hard-heartedness nor imbecilitv but
a simple quietness of feeling and demeanor -
I The Judge proceeded to charge the Jury as soon
as Mr.. Webser closed.
The jury retired with the cause at O'Clock
They agreed on their verdict that night, and when
the court opened in the morning, they delivered
their verdict, finding the prisoner Gully.
| The trial of Gearge Crowninshield was com
menced on Friday and continued on Saturday, and
the witnesses examined on the part of the govern.
ment. When the case was closed on the part Of
the government, Mr.. Hoarfor the prisoner remark.
ed that he thought there was no case made ont
against him, and submitted to the court whether
the prisoner should be put upon his defence. the
court declined to interfere, and the defendant'S
counsel proceeded to offer their evidence. rec.
! ord of the conviction of Palmer in Maine. for a
felony was produced, and Mr. Babb, keeper of the
half way mouse in Lynn was examined. after which
the court adjourned to Monday, when the trial was
concluded, and the defendant was acquitted The
cause was conducted by the Attorney and Solicitor
Generals.