Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-08-25


draws attention; a thousand intelligcnceS
are directed to the spot, they burn upon
il, to discover train Of circumstances
leading to the discovery. But man
cannot trust himself with such secret;
the human heart is not made capable OF
holding it; the secret Of which man is
master, masters him, and like the evil
spirit leads him where it will; he has n
yulture which he cannot allay; he feels
that his nmost soul is red, and he feels
that his thoughts are almost heard; there
is no remedy but coniession-unless IT be
suicide-and suicide is confession. The
slightest circumstance, often lights up u
train which sheds light upon the whole
thing. When a murder was committed
of an alarming character, which was to
be developed onl y by circumstances, was
| il wonderful that there was excitement.
1t was the duty Of the Jury to investi-
gatc the circumstances see who .acy
were who had done it-rcsolyed to do
no more than Justice. But there mi ght
be, and unhappily for human nature,
there was--a counter excitement. Ihe
enormity of some crimes SO astonishcd
men as to subdue their minds, and they
lost the desire for justice, in morbid
admiration of the great criminal--and the
strangencss of the crime. This had aris-
en- in part from the writings OF one who
had affected not only the imaginations,
but the principles of the young, by max
ING crime attractive.
Prcsuming the Jury saw nothing to
complain of in the manner in which the
prisoner had been brought TO trial, he
presumed they came to the trial disposed
to give a fair, impartial and manly con
sidcration to the case. The prisoner
was charged as d principal, not as an
acccssary, before or after the fact, but
as the principally; and the charge was
brought in different forms, because it was
unknown how the evidence would turn
out. A principal was one who struck
the blow, or one who stood by aiding and
abetting. The indictment charged the
prisoner in both characteristic always
as being principal. Upon the evidence,
it was his opinion, and he should argue
it, as if Richard Crowninshield did the
deed, and Francis Knapp stood by aid
ing him, in such a manner as to make
him principal in a second degree.
There were two extraordinary circum-
stances attending this crime. Since the
arrest, Richard Crowninshcld, supposed
to be the principal, has deceased; the
other incident is, that one other person,
charged with being accessory before the
fact, and known to have confessed, has
since the death of Richard Crownin-
shield, refused to testify. He had ri ight
to refuse, if he could not testify without
duplicating himself; and he will not testify
against himselfthough he had the pardon
of the government. The law knew a
difference between trying principals and
accessories; there was no difference in
the punishment-and none in the crime.
But if there was no principal convicted, !,
no other person could be convicted as an
accessory. The prisoner was princi-
pal-and the only one living. 1t could
not be denied that if the prisoner was
convicted, the lives of his brother, and
George Crowninshicld were greatly en-
dangcrcd but if this man was acquitted
neither this man nor the others would
ever be punished for their connection
with this crime. He was willing the ju-
ry should consider this circumstance
to feel the whole of the responsibility of
their situation, and decide accordingly.
The ChicfJusticc had lately decided that
this was the law that the remedy lift were
wrong was with the Legislature.
With this view of their duty, he invit-
ed them to consider the evidence. The
defendant was charged as principal.
1t was admitted that Capt. White was
murdercd; there was no question, but,
who did the deed? 1t was certain at
first that it was a concerted murder; eve
ry thing showed not only that he was
murdered, but that it was done by a con-
spiracy-by more than one. The cir
cumstances were-somebO from with
out, had had access to the housc-the
way had bccnpreparedb by somebody hav-
ing previous access to the house; the
bars had been taken from the window,
so that it could be opened; the key Of his
chamber door was missing;-so that he
could not have locked the door of his
chamber; there were four persons ordi-
narily sleeping in the house, the house
keeper sleeping near him, the only one
sleeping on the same floor, was ABSENT
and this night was selected. These
showed that the murderer knew the stu
alton Of the house; he did not go in the
dark; he tried no door that had not been
open to him. AS far as at first seen, the
murder was committed for the mere pur-
pose of murder; it was committed by no
common thief for the purposc of taking