Weekly national intelligencer., 1853-09-17

or displays Of any kind, after all !,
" o L stood in relation 10 witness with COM
tivav easy curiosity and yet with intimate and pro-
fessonal knowledge Of all the embarrassmen's o ln
ease II was the trial Of John Francis knapp charses
% heinr present aiding and abetting IN the murder OF
Ioscnb White in which Mr. Webster conducted the pro-
secution for the Commonwealth, IN the same year WIZ.
his reply to Mr. Hayne in the Senate ana lew mon.ns
later And when bring to mind the incidents oi tnat
trial the necessity Of proving that the prisoner was near
enouGh to the chamber in which the murder was oeng
committed by another hand to aid IN the aet anu va"
there with the intention to do So and thus IN poh "
law did aid in it, because mere accessoral CUNT was o'
enough to convict him; the difficulty Of proving this
because the nearest point to which the evidence coa
trace him was still distant as to warrant pretty ior
mdable doubt whether mere curiosity had not carried
him thther and whether he could in any useui or even
conceivable manner have co-operaed with the aetual
murderer IL he had intended to do so and because the
only mode OF rendering il probable that he was there WIN
purpose of guilt by showing that he was one OF the
parties TO conspiracy of murder whose very existence
actors and objects had to be made out by the COLLATION.
Of the widest possible range of circumstances some
them pretty loose and even if he wasa conspraor II aid
quite necessarily follow that any active participation
was assigned him for his part any more than to ms
brother, who confessedly took such part; the great
nupber OF witnesses to be examinedand cross examined
duty devolying wholly on him; the quick ana sounu
Judgment demanded and supplied to determine what to
and what to reject of of rather unmanageaoie
teras the points in the law Of evidence to be argued
in the Of which he made appeal to the Bench
on the complete impuny which the rejection of the pri
soners confession would give to the murder in style Of
dignity and energy, should rather say OF grandeur
which never heard him equal before or after the hSn
ability and fidelity with which every part of the defence
was conducted and the great final summing up to which
he brought and in which he needed the utmost exeron
Of every faculty he possessed to persuade the jury tna
the obligation Of that duty the sense OF which, ne sai
fpursued ever; it is omnpresent like the Deity II
take the wings of the morning and dwell IN the utter
parts of the sea- duty performed or duty violated IS
still with US for our happiness or misery; 70 persuade
them that this obligation demanded that on ms proofs
fhaxg vfet fha y.rlln N
first the profound belief of his guilt WITHOUT whch ne
could have prosecuted him then skill consummate
In inspiring them with desire Willingness 10 pe IN
strumental in detecting that guilt, and TO lean on ni
In the effort detect then every resource OF proes
sona ability break the force of the propositions OF the
defence and establish the truth of his lnferring
a conspiracy to which the prisoner was party, from
circumstances acuely rdicued by the able counsel op
posing him stuff, !" but woven by him into strong
and uniform tissue and then bridging over from the
conspiracy to the not very necessary Inference that the
particular consprator trial at his post in execu
ton Of it, aid and abethe picture Of the murder with
which he begunnot for rhetorical display, but to in
spre soemnity and horror and desire to detect and
punish for justice and for security the sublime exhorta
ton to duty with which he closed-restng the unyer
salty and authortaveness and eternity of its obga-
onwhich left in every jurors mind the impression that
it the duty Of convictng in this particular case the
Of which would be with him in the hour Of DEATH
and in the judgment and forever With these recolec
tons Of that trial cannot help thinking ii more diff
cult and higher effort Of mind than that more famous
" Grafton for the Crown"
1t would not be unpeasing inappropriate to pause
and recall the Of of that succession of compe
tors by whose rivalry the several stages of his profess
sona life honored and exercised; and Of Of
the eminent judicial persons who presided that
nous and high contention Time scarcely permits this
but in the brefet notice must take occasion to say that
perhaps the most important the most
important early nfuenceon his professional traits and
fortunes was that exerted by the great general abilities
impressive character and legal genius Of Mr.. Mason
Who lie you all know. How much the jurisprudence
of New hampshire to him what deep traces he left
on it how much he did TO promote the culture and TO
preserve the integrity of the old common law 10 adaptt
yeur and your institutions; and to construct
system Of practice by which it was administered with ex-
traornary energy and effectiveness for the discovery of
truth and the enforcement Of right you of the legal pro-
fession Of this State will be proud acknowledge
Another forum in neghboring commonwealth witness
ed and profed by the last abors and enlarged studies
of the consummate lawyer and practser; and
her day the Senate the country had recognised his vast
practical wisdom and sagacity the fruit of the hghestn
telectua endowments, matured thought and profound
observation; his fidelity to the obligations Of that party
connexion which he attached his fidelity throu Oh
all his life, still more conspicuous aud still admra-
ble to the higher obligations Of considerate and enarg
cd patriotism He had been than fourteen years
the bar when Mr. Webster 70 it, he dscerned in
stanty what Of man his youthful competitor
he admitted him 70 his intimate friendship, and paid him
the unequiyoc compliment and did him the real kind
OF compelling him 70 the utmost exerton Of his dill
gence and capacity by calling out against him all his
The prophecies Of this occasion-these Mr. Web
sters words in presenting the resolutions Of the Suffolk
Bar upon Mr. Mason's death" com pei me- with whatever
reactance refrain from the indulgence Of the personal
feelings which arise in my heart upon the death Of
with whom have cultivated sincere, afectonate, and
1nbr0keu friendship from the day when commenced my
professional career the closing hour Of his life.
win say % the advantages which have derived from
hs Intercourse and conversation Al that Mr. Fox said Of
Eimnnl BGr1s, but am bound TO say that Of my own
professional discipline and atainments whatever they
may be, I much that close attention the dis
charge of my duties which compelled 70 pay for nine
years from day 20 day by Mr. Mason Efforts
and arguments at the same bar m1st have been unin-
tsiCenr indeed have learned something from the
cuustrnS Displays u that power which had much
casion 70 aud feel"
reckon his for the earlier time Of his ife ths
Influence Of the learned and accomplished Smith and
next TO these may believe greater, is that Of Dir
Justice Story That extraordinary person had been ad
mitted the bar 10 Essex in Massachusetts, in 1901
he engaged il many trials 10 the county Of Rocking
ham, IN this State, before Mr. Webster had assumed h
established position Their political opinions differ
ed but such his afiu.nce Of knowledge already
such his gimnlEnt enthusiasm he burning with $,
inre1be passion for learning and fame that the in
Huence the still young Webster instant, and
great and permanent. Ii reciprocal too anC
intimacy began that attended the whole course Of hono
through which each, in his several sphere ascended
Parsons he SOW, ALSO but rarely and Dexter oener
with more Of observation while yet laying th
foundation Of his mind and and he share
largely in the universal admiration of that time and
hs q their atsinments and genius and diverse great
ness.
As ne came the grander practice Of the national bar
osher petition to be encountered Other name
hegn solicit other contention higher prizes.
voad be quite within the propriees Of this discourse
remember the parties At easto some 81 higher causes
by which his ultimate professional fame built
even II could not hope 70 convey any impression OF III
oveltv and dcgty Of the questions which they inyo
a. or of the positive addition which the argument an