Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-11-24

iords sufficient presumption for you to go
upon until shown by plain and mani
fest evidence that Francis Knapp was
not guilty.-Some manifest mistake IN
the conviction must be shown or the re-
cord must stand--and the burden of proof
rests upon the defendant You must see
reason to attain that jury, YOU must be
convinced that they did manifest wrong
or YOU cannot alter n letter Of their
verdict. You will not be hasty in say
inc that jury sent John +. Knapp to his
grave unjustIy. That is the point the
defendant is to prove clearly-a doubt
is not suificicnt.-Shadows, c,ouds and
darkness cast upon t-so much mist cast
over it thGt YOU cannot see 1t was right,
will not avail-but there must be so
much light through the clouds that you
must see it to be wrong-or the record
cannot be touched by you Gentlemen,
surprising as do not admit, that the de-
iendant has right to open the question
anew a 10 the guilt or innocence of j. +.
knarp-n,hing Is now proved favorable
t. hmH which was not proved lcloic, and
every thing is proved against him
which was proved bci",e. 1t i
a most gratifying circumstance, and
peculiarly gratifying to my own feelings,
that after all we have heard of pouring
in hears Of circumstantial stuff after all
the complaints about the means used to
convict }. +. Knapp-aiter all the i'm
putations We have hcard-that we were
not mistaken in any one circumstance,
every thing has come out 10y the confess
sion exactly as we bclieved-the case is
now as clear as the light of hcavon-we
all have the satisfaction of knowing that
Frank Knapp was convicted under no
mistake Of the least particle OF fact. The
gentleman on the other side saws, the cor
rCctncss of the verdict has been doubted
every whcIc-but | did not before know
thiS-thc astoniShmcnt have heard cy-
pressed, was, how learned and int"lli-
gent men could doubt, or affect to doubt,
rs to the propriety OF that c"nNiction.--,
We took a great deal of pains to prove
against the strenuous effort of the gen
tIomen, that Frank Knapp was in Brown
stIcct-hc now admits he was there and
proves it also--but argues that he could
not be there to take pait in this murder.
Let us see upon what the learned Coun-
sci rely to support their argument. They
must shcw clearly and maniicstly, that
during the time Of thc murder he was in
place where he could not aid or abct the
principal, or it comes to nothing. Mr..
w. went into an extended argument Oh
this point, and went on to show that all
the facts, arguments and points Of law,
now relied upon by the defendants coun-
sci to prove +. X. was not "A principal, !
were before the jury which tried him,
and they decided against hiin--thcreiorc
the matter is at rest.--1hc present jury
cannot mGadth the verdict found by the for
mer Jury. Mr. W. in reply to that pant Of
Mr.. DcNtcr's remarks in which he refer
red to Mr.. W's former supposiiions as to
the purpose of Franks being in Brown
street, cndcavouring again to shcw the
rcasonahlcncss Of those supposilions,
and suggested various other ways in
which he might have assisted or cncour
aged the heart the murderer /
There is one consideration Of vast
consequence in regard to the encourage
mcnt OF Il murderer to execute his bloody Il
design; he does not enjoy the g'atlica-
ton Of ei;!t without some one to rarticl-
pate with him there is an irresistible ten
dcncy in his mind to ilnpan his crime
to tell of his gult-his heart is encourage 4
ed and his hand strengthened by knowing .
that there is some bonded friend while .
he is executing the deed of blood, within .
a few minutes walk in whom he can con
tide, and cntr,st his secrct-Sc strong
was this feeling in Richard Crowninshicld
who has shown a courage, nerve, and
boldncss OF heart that would have been
the admiration Of mankind had they taxi
cn right direction, that even nc rs APP
pears by the confession now before you,
in the fash language there used, must
have a b0cEcr before he could accom-
plsh his cngagcmcnt-hc did not feel
like going alone to kill that old nan-his
brother would not back him--he wished
To have some one TO encourage his heat
and the man who acted tins pait was
just as much a ECrpCtrator q the murder
as If he gave the blow. This encourage
ment the law considers clectual aid If
Frank Knapp supposed at the time that
he was not ailording such aid as in law
would amount to the crime for which he
suffered, that is nothing to the purpose
he was to be Judged by his acts-he was
bound to know what the law was-and if
what he did amounted to particular
crime, he was TO be considered guilty of.
that crime. The testimony Of Bray and
SouihWick is now verified by tho confess
ion; it is now admitted to be truc-and Il
these witnesses are called on by the de-