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

nam, Wilde, ana Morton. Chief Justice Shaw
was not present, having been, as is understood,
before his appointment as Judge, employed as
Counsel in some of the prominent cases expect
ed to come before this Court
Joseph }. Knapp, Jr., was arraigned for the
murder of Joseph White. OF the forty-eight
Jurors in attendance upon Court, all but ten
were challenged by the prisoner either for cause
or peremptorily; and the Sheriff was ordered
to supply the deficiency by returning talesman
from the multitude then assembled AT noon
the Jury was inlpannelled and took their places
The counsel for the prisoner then, in his be-
half, made objections against the employment
of legal counsel in the prosecution in aid of the
regular officers of the Commonwealth. They
helditl illegal that any public prosecution should
be carried on at the expense Of private pros
ecutor
Mr. Webster rose and asked leave to state
that he was there at the express request of the
Attorney General, and that no other consider
alton brought him there but this
The Court after elaboration suggested that
with the consent Of parties, the cause might
now proceed, and they would reserve their
judgment until the ensuing morning
The indictment was then read and the cause
opened by the Attorney General After ex-
! planning most fully the law in regard to acces.
series before the fact from various authorities,
| he went on to state what he expected TO prove,
and particularly thaAihe prisoner at the bar,
4 (under the promise of IMMUNITY from the Gov
eminent on condition Of his being witness at
( the trial of his accomplices which the Govern
ment bad shown themselves ready and willing
| to perform, but he had forfeited his pledge by a
subsequent refusal to testify,) had made a full
and voluntary disclosure of the whole transac-
/ ton to Mr.. Colman, clergyman of Salem, and
had afterwards confirmed it in writing Mr.
Calman was thcr called upon the stand and re-
qulred to state the circumstances in detail, un.
der which Joseph Knapp was induced to make
confession to him; but he was not allowed to
state the substance or any part of the confess
sion Itself
! On the point of receiving the confession of
the prisoner, Mir. Gardiner argued against its
J being received, and maintained that as the con-
lesion was obtained under a promise, by the
! general principles OF law applicable to the sub
Ject of confessions, it could not be received un-
4 less the Government could show that this case
should form an exception to the rule by which
confessions so obtained either by promise of re-
ward or fear of injury were always rejected,
On the other hand the Attorney General show
I ed by various authorities that where indi-
vdual makes confession and so induces the APP
prehension of his accomplices and then chooses
I afterwards to Withdraw that confession and de-
ny his guilt, though his accomplices could not
be, yet he himself was liable to be convicted,
/ on his own confession.
Wednesday ifOrsing, Nor 10.
Judge Putnam proceeded to deliver the opin-
! ion OF the Court in regard to the admission of
/ Counsel in aid of the officers of the Govern
ment considering it as matter discretionary
with the Court and in this case allowing it for
what they deemed sufficient reasons.
| Mr.. Webster then proceeded TO argue the
point of admitting the confession made by Jo-
seph Knapp to Mr.. Colman in writing, as evil
dence against the prisoner. The point mainly
rested upon, after quoting various authorities
was, shat the confession was perfectly volunta-
! ry and being made after pledge of mpunitv
[ from the Government had been procured for
him and his security provided for, he could not
nave been influenced in making these disclos-
ures by either hope or fear, and therefore they
were admissible evidence against him. He went
on to show the consequences of allowing wit
ness thus to trifie with the Government by
making or retracting his agreement at pleas
ure; and particularly in this case, as the life of
Francis Knapp might have been saved by his
avaling himself of the favor of the Govern
nent, had they not had other evidence against
him, and the acceptance of the promise of i'm
punity by Joseph prevented its being offered to
him.
The Court wished for time to make up their
J judgment on the point
The question then arose how the case was TO
be farther managed without reference 10 the
| confession being received or not andthe Coun-
sci Tor the prisoner said that they should require
every thing to be proved which they had right
to require, and which would tend to the safety
/ of the prisoner; and among other things that
the fact of John Francis Knapps being a prin-
/ clpal in the murder of Capt. White must be es-
tablished by other evidence than the record of
( the judgment of the Court in his case, efore
they could proceed to the trial of Joseph as ac-
cessory to J. F. Knapp.
Mr.. Webster replied, that the proof of CON
viction is proof of guilt, sufficient, until rebuff
ted by evidence introduced by the accessory
This was maintained by the Court
In the afternoon, witnesses were called to
show the manner in which the murder was dis
covered, and the condition of the premises, and
Of the body of Capt. White. The witr esses
testified as the former trials, which il i,
needless to repeat.
Mr.. Colman stated again, that before the con
LESSONS in writing were made, he explicitly
told the prisoner, that if there was any with
holding of evidence, or denial or contradiction
the promised protection would not avail him
The declaration was full and explicit
Thursday Morning.
The Court delivered an opinion IN favor of adj
hitting the prisoners confessions upon the ground
that the pledge of the Attorney General, placed
HIM above all hope or fear, in perfect security
thdt tue influence OF nope, which induced the first
confessions, had ceased, and there was no motive
for him to falsify; indeed, he was safe, only upon
disclosure OF the TRUTH it expressly stated
10 him, that he must act his own responsibility,
and that the pledge given the condition that
he acted with good faith, every motive would lead
him to tell the truth; but it was still question
for the jury to believe the confessions or not after
weighing the manner in which they were obtained
! MIR. CoIman was called. lie said the confessions
were written by him. and were as near as possible,
in the words of the prisoner The Attorney then
read the confessions, which were to the following
Purport
FIRST coEFEssIoS
mentioned TO my brother, J r. Knapp, that
| would give thousand dollars if the old gen.
teman (meaning Capt. White,) would die. He
asked me why. told him he had a will, which
cut off one side Of the family, and that, with
the present will, the bulk Of bis property would
/ 60 to Stephen White that Stephen White