Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-11-17

that j then tOln MN tnat the gentleHen,
of whom had before spoken, had autho-
rized me to use their names. mention
ed Mr.. Chase, DIR. Barstow and Mr.
Fettyplace, as having given the opinion,
that the evidence was decisive. lie ask
ed me what | thought told him !
didn't know, but thought he would find it
very difficult to account for those letters
Il referred to two letters put into the
Post Office and traced to him. lie ask
ed me if thought they would bring Pal
mcr up. ] understood him to ask 1t at
the suggestion of some one in the cell a
bove, but whether Richard or George
Crowninshield, am unable to say. |
gave him my belief that they would. /
told him was nearly cXhausted-indeed
| was oppressed with grief and anxiety,
and that | must leave him-that | could
do no more--couId offer him no bribe-
would not persuade him-hc must act on
his own responsibility-l had discharged
my conscience. After sitting few mo-
mcnts without any thing being said,
got up to leave him, thinking there was
an end Of the buSincss-when | got to
the door, he asked me if would see his
father and brother, and come with them
to the prison ! told him ] would, and
made an appointment with the Jailcr to
let me in at , o'clock. saw his father
and brother, and mentioned to them his
request-thcy desired ! would not 60 TO
the cell again, because it would be said
the prisoner was making n confession
did not intend to 90 to the prison again,
because | expected an apology to be
made toT me-but saw Mrs. X, Mrs.
and 10 Bcckford, going that way, ard
went and spoke to them in the chaiSe.
10 Bcck.ord came and said Mr.. Knapp
wanted to see me, soon after Mr. Brown
came and repeated the same tbing-thcn
| SAID | would go, and went in.
ought to have stated that in the sec
ond interview, told him had understood
that application had been made for par
don for Palmer. Before the third inter-
view, had seen letter to Mr. Waters
requesting an answer inmCd"t''y y to that
request. then stated TO h, :hat if any
thing was done, it must be Il hat day.
There was nn"ther thing g.. ;De second
interview. ! had inquired Of counsel
whether, If person cOnlcsses, and if it
did not commit the accomplices, it would
avail to the safety the northumberland
! gave him the opinion of Mr.. Merrill
that it would, provided it was done in
good faith. He then without any other
preparation bcckoned me to 90 into a
corner of the cell, and in low tone of
voice, he disclosed to me. Here
Mr. Colman was stopped and told not to
60 into any disclosures made by the pris-
oner-he afterwards stated, in answer to
questions by defendants counsel.
That he told the prisoner he would do
all in his power to obtain for him the priv
ilcge of making confession and of being
States witness, at the second interview.
And that after he left the prison the
third time, he did not see the prisoner
till he returned from Boston, with the
Attorney Generals authority.
Also, that he did not tell the prisoner
that Mr.. Merrill said IA pledge could be
obtained and that there was an endorse
ment on the back ola copy ofthc pledge,
which was shown to Phippcn Knapp, and
shown to the prisoner, that if there was
any prevaricatiOn, or denial, or retrac-
ton, in very strong terms, the pledge
would avail nothing.
The Defendants counsel then argued
against the admission of the confessions,
on the ground, that they were obtained
under the influence of hope and fear, ,and
a promise, and were therefore inadmiss-
able as evidence. Authorities were cit
ed, and it was contcnded that the doctrine
that man could be convicted on his own
conte LESSONS, if he refused to testify, was
not supported by good authority as touch
ing this case.
The court then adjourned to hear the
arguments of the government in favor Of
It's admission to morrow morning.
On Wednesday, Judge Putnam de-
livercd the opinion ofthe Court in regard
to the admission of Counsel in aid Of the
officers of the Governments; considering
1t as a matter discretionary with the Court;
and in this case allowing it for what they
deemed sufficient reasons, among others
that it had been allowed in the former
case; that the present case was under
stood to be in certain respects connected
with the other; and that preparations to
proceed III this matter with this aid, a..
galnst which no objection had been
iorsccn, had been made. The reasons
given however, they regarded as appli-
cable to this case in particular, and not
to be considered as establishing any rule
for other and subsequent cases.
Mr.. Webster then proceeded to argue
the point OF admitting the confession made
by Joseph Knapp TO Mr.. Colman in writ