was unbarred and unbolted; are these to be so | slightly and so easily disposed of? It is necessary, gentlemen, now to settle, at the commencement, the great question of a conspiracy. If there was none, or the defendant was not a party, then there is no evidence here to convict him. If there was a conspiracy, and he is proved to have been a party, then these two facts have a strong bearing on others, and all the great points of inquiry. The defendant's counsel take no distinct ground, as I have already said, on this point, neither to admit, nor to deny. They choose to confine themselves to a hypothetical mode of speech. They say, supposing there was a conspiracy, "non sequitur," that the prisoner is guilty, as principal. Be it 80. But still, if there was a conspiracy, and if he was a conspirator, and helped to plan the murder, this may shed much light on the evidence, which goes to charge him with the execution of that plan. We mean to make out the conspiracy; and that the defendant was a party to it; and then to draw all just inferences from these facts. Let me ask your attention, then, in the first place, to those appearances on the morning after the murder, which have a tendency to show, that it was done in pursuance of a preconcerted plan of operation. What are they? A man was found murdered in his bed. No stranger had done the deed-no one unacquainted with the house had done it. It was apparent, that somebody from within had opened, and somebody from without had entered. There had been there, obviously and certainly, concert and co-operation. The inmates of the house were not alarmed when the murder was perpetrated. The assassin had entered, without any riot, or any violence. He had found the way prepared before him. The house had been previously opened. The window was unbarred, from within, and its fastening unscrewed. There was a lock on the door of the chamber, in which Mr. White slept, but the key was gone. It had been taken away, and secreted. The footsteps of the murderer were visible, out-doors, tending toward the window. The plank by which he entered the window, still remained. The road he pursued had been thus prepared for him. The victim was slain, and the murderer had escaped. Every thing indicated that somebody from within had co-operated with somebody from without. Every thing proclaimed that some of the inmates, or somebody having access to the house, had had a hand in the murder. On the face of the circumstances, it was apparent, therefore, that this was a premeditated, concerted, conspired murder. Who then were the conspirators? If not now found out, we are still groping in the dark, and the whole tragedy is still a mystery. If the Knapps and the Crowninshields were not the conspirators in this murder, then there is a whole set of conspirators yet not discovered. Because, independent of the testimony of Palmer and Leighton, independent of all disputed evidence, we know, from uncontroverted facts, that this murder was, and must have been, the result of concert and co-operation between two or more. We know it was not done without plan and deliberation; we see that, whoever entered the house, to strike the blow, was favored and aided by some one, who had been previously in the house, without suspicion, and who had prepared the way. This is concert, this is co-operation, this is conspiracy. If the Knapps and the Crowninshields, then, were not the conspirators, who were? Joseph Knapp had a motive to desire the death of Mr. White, and that motive has been shown. He was connected by marriage in the family of Mr. White. His wife was the daughter of Mrs. Beckford, who was the only child of a sister of the deceased. The deceased was more than eighty years old, and he had no children. His only heirs were nephews and nieces. He was supposed to be possessed of a very large fortune,-which would have descended by law, to his several nephews and nieces in equal shares, or, if there was a will, then according to the will. But as Capt. White had but two branches of heirs-the children of his brother Henry White, and of Mrs. Beckford-according to the common idea, each of these branches would have shared one half of Mr. White's property. This popular idea is not legally correct. But it is common, and very probably was entertained by the parties. According to this, Mrs. Beckford, on Mr. White's death, without a will, would have been entitled to one half of Mr. White's ample fortune; and Joseph Knapp had married one of her three children. There was a will, and this will gave the bulk of the property to others; and we learn from Palmer that one part of the design was to destroy the will before the murder was committed. There had been a previous will, and that previous will was known or believed to have been more favorable than the other, to the Beckford family. So that by destroying the last will, and destroying the life of the testator at the same time, either the first and more favorable will would be set up, or the deceased would have no will, which would be, as was supposed, still more favorable. But the conspirators not having succeeded in obtaining and destroying the last will, though they accomplished the murder, but the last will being found in existence and safe, and that will bequeathing the mass of the property to others, it seemed, at the time, impossible for Joseph Knapp, as for any one else, indeed, but the principal devisee, to have any motive which should lead to the murder. The key which unlocks the whole mystery, is, the knowledge of the intention of the conspirators to steal the will. This is derived from Palmer, and explains all. It solves the whole marvel. It shows the motive actuating those against whom there is much evidence, but who, without the knowledge of this intention, were not seen to have had a motive. This intention is proved, as I J. J. have said, by Palmer; and it is so congruous with | to contend further against the proof of the all the rest of the case, it agrees so well with all entire conspiracy, as we state it. facts and circumstances, that no man could well withhold his belief, though the facts were stated by a still less credible witness. If one, desirous of opening a lock, turns over and tries a bunch of keys till he finds one that will open it, he naturally supposes he has found the key of that lock. So in explaining circumstances of evidence, which are apparently irreconcilable or unaccountable, if a fact be suggested, which at once accounts for all, and reconciles all, by whomsoever it may be stated, it is still difficult not to believe that such fact is the true fact belonging to the case. In this respect, Palmer's testimony is singularly confirmed. If he were false, then his ingenuity could not furnish us such clear exposition of strange appearing circumstances. Some truth, not before known, can alone do that. When we look back, then, to the state of things immediately on the discovery of the murder, we see that suspicion would naturally turn at once, not to the heirs at law, but to those principally benefited by the will. They, and they alone, would be supposed or seem to have a direct object, for wishing Mr. White's life to be terminated. And strange as it may seem, we find counsel now insisting, that if no apology, it is yet mitigation of the atrocity of the Knapps' conduct, in attempting to charge this foul murder on Mr. White, the nephew, and principal devisee, that public suspicion was already so directed! As if assassination of character were excusable, in proportion as circumstances may render it easy. Their endeavors, when they knew they were suspected themselves, to fix the charge on others, by foul means and by falsehood, are fair and strong proof of their own guilt. But more of that hereafter. The counsel say that they might safely admit that Richard Crowninshield, jr. was the perpetrator of this murder. What, then, was this conspiracy? Knapp, jr., desirous of destroying the will, and of taking the life of the deceased, hired a ruffian, who, with the aid of other ruffians, were to enter the house, and murder him in his own bed. As far back as January, this conspiracy began. Endicott testifies to a conversation with J. J. Knapp, at that time, in which Knapp told him that Capt. White had made a will, and given the principal part of his property to Stephen White. When asked how he knew, he said "black and white don't lie." When asked if the will was not locked up, he said "there is such a thing as two keys to the same lock." And speaking of the then late illness of Capt. White, he said that Stephen White would not have been sent for if he had been there. The Hence it appears that, as early as January, Knapp had a knowledge of the will, and that he had access to it, by means of false keys. This knowledge of the will, and an intent to destroy it, appear also from Palmer's testimony -a fact disclosed to him by the other conspirators. He says that he was informed of this by the Crowninshields on the 2d of April. But, then, it is said that Palmer is not to be credited; that by his own confession he is a felon; that he has been in the State prison in Maine; and, above all, that he was an inmate and associate with these conspirators themselves. Let us admit these facts. Let us admit him to be as bad as they would represent him to be; still, in law, he is a competent witness. How else are the secret designs of the wicked to be proved, but by their wicked companions, to whom they have disclosed them? The government does not select its witnesses. conspirators themselves have chosen Palmer. He was the confidant of the prisoners. The fact, however, does not depend on his testimony alone. It is corroborated by other proof; and, But how could they safely admit that? If taken in connection with the other circumthat were admitted, every thing else would fol- stances, it has strong probability. In regard low. For why should Richard Crowninshield, to the testimony of Palmer, generally, it may jr. kill Mr. White? He was not his heir, nor be said that it is less contradicted, in all parts his devisee; nor was he his enemy. What of it, either by himself or others, than that of could be his motive? If Richard Crownin- any other material witness, and that every thing shield, jr. killed Mr. White, he did it at some he has told has been corroborated by other evione's procurement, who himself had a motive. dence, so far as it was susceptible of confirmaAnd who, having any.motive, is shown to have tion. An attempt has been made to impair his had any intercourse with Richard Crownin- testimony as to his being at the half-way house shield, jr. but Joseph Knapp, and this, princi- on the night of the murder; you have seen pally through the agency of the prisoner at the with what success. Mr. Babb is called to conbar? It is the infirmity, the distressing diffi-tradict him: you have seen how little he knows, culty of the prisoner's case, that his counsel cannot and dare not admit what they yet cannot disprove, and what all must believe. He who believes, on this evidence, that Richard Crowninshield, jr. was the immediate murderer, cannot doubt that both the Knapps were conspirators in that murder. The counsel therefore are wrong, I think, in saying they might safely admit this. The admission of so important, and so connected a fact would render it impossible and even that not certainly; for he, himself, is proved to have been in an error, by supposing him to have been at the half-way house on the evening of the 9th of April. At that time, Palmer is proved to have been at Dustin's in Danvers. If, then, Palmer, bad as he is, has disclosed the secrets of the conspiracy, and has told the truth, there is no reason why it should not be believed. Truth is truth, come whence it may. The facts show that this murder had been | long in agitation-that it was not a new proposition on the 2d of April; that it had been contemplated for five or six weeks before. R. Crowninshield was at Wenham in the latter part of March, as testified by Starrett. F. Knapp was at Danvers in the latter part of February, as testified by Allen. R. Crowninshield inquired whether Capt. Knapp was about home, when at Wenham. The probability is, that they would open the case to Palmer, as a new project. There are other circumstances that show it to have been some weeks in agitation. Palmer's testimony as to the transactions on the 2d of April is corroborated by Allen, and by Osborn's books. He says that F. Knapp came there in the afternoon, and again in the evening. So the book shows. He says that Capt. White had gone out to his farm on that day. So others prove. How could this fact, or these facts, have been known to Palmer, unless F. Knapp had brought the knowledge? and was it not the special object of this visit to give information of this fact, that they might meet him and execute their purpose on his return from his farm? The letter of Palmer, written at Belfast, has intrinsic evidence of genuineness. It was mailed at Belfast, May 13th. It states facts that he could not have known, unless his testimony be true. This letter was not an afterthought; it is a genuine narrative. In fact, it says, "I know the business your brother Frank was transacting on the 2d of April:" how could he have possibly known this, unless he had been there? The "$1000, that was to be paid;" where could he have obtained this knowledge? The testimony of Endicott, of Palmer, and these facts, are to be taken together; and they most clearly show that the death of Capt. White must have been caused by somebody interested in putting an end to his life. As to the testimony of Leighton. As far as manner of testifying goes, he is a bad witness: but it does not follow from this that he is not to be believed. There are some strange things about him. It is strange that he should make up a story against Capt. Knapp, the person with whom he lived; that he never voluntarily told any thing all that he has said is screwed out of him. The story could not have been invented by him; his character for truth is unimpeached; and he intimated to another witness, soon after the murder happened, that he knew something he should not tell. There is not the least contradiction in his testimony, though he gives a poor account of withholding it. He says that he was extremely bothered by those who questioned him. In the main story that he relates, he is universally consistent with himself. Some things are for him, and some against him. Examine the intrinsic probability of what he says. See if some allowance is not to be made for him, on account of his ignorance with things of this kind. It is said to be extraordinary that he should have heard just so much of the conversation and no more; that he should have heard just what was necessary to be proved, and nothing else. Admit that this is extraordinary; still, this does not prove it not true. It is extraordinary that you twelve gentlemen should be called upon, out of all the men in the country, to decide this case: no one could have foretold this three weeks since. It is extraordinary that the first clue to this conspiracy should have been derived from information given by the father of the prisoner at the bar. And in every case that comes to trial, there are many things extraordinary. The murder itself in this case is an extraordinary one; but still we do not doubt its reality. It is argued that this conversation between Joseph and Frank could not have been, as Leighton has testified, because they had been together for several hours before this subject must have been uppermost in their mindswhereas this appears to have been the commencement of their conversation upon it. Now, this depends altogether upon the tone and manner of the expression; upon the particular word in the sentence, which was emphatically spoken. If he had said, "When did you see Dick, Frank?" this would not seem to be the beginning of the conversation. With what emphasis it was uttered, it is not possible to learn; and therefore nothing can be made of this argument. If this boy's testimony stood alone, it should be received with caution. And the same may be said of the testimony of Palmer. But they do not stand alone. They furnish a clue to numerous other circumstances, which, when known, react in corroborating what would have been received with caution, until thus corroborated. How could Leighton have made up this conversation: "When did you see Dick?" "I saw him this morning." "When is he going to kill the old man ?" "I don't know." him if he don't do it soon, I won't pay him." Here is a vast amount, in few words. Had he wit enough to invent this? There is nothing so powerful as truth; and often nothing so strange. It is not even suggested that the story was made for him. There is nothing so extraordinary in the whole matter, as it would have been for this country boy to have invented this story. "Tell The acts of the parties themselves, furnish strong presumption of their guilt. What was done on the receipt of the letter from Maine? This letter was signed by Charles Grant, jr., a person not known to either of the Knapps,nor was it known to them, that any other person, beside the Crowninshields, knew of the conspiracy. This letter, by the accidental omission of the word jr., fell into the hands of the father, when intended for the son. The father carried it to Wenham, where both the sons were. They both read it. Fix your eye steadily, on this part of the circumstantial “stuff," which is in the case; and see what can be made of it. This was shown to the two brothers name of Grant. He writes in a disguised hand; but how could it happen, that the same Grant should be in Salem, that was at Belfast? This has brought the whole thing out. Evidently he did it, because he has adopted the same style. Evidently, he did it,-because he speaks of the price of blood, and of other circumstances connected with the murder, that no one but a conspirator could have known. Palmer says he made a visit to the Crowninshields, on the 9th of April. George then asked him whether he had heard of the murder. Richard inquired, whether he had heard the music at Salem. They said that they were suspected, that a committee had been appointed to search houses; and that they had melted up the dagger, the day after the murder, because it would be a suspicious circumstance to have it found in their possession. Now this committee was not appointed, in fact, until Friday evening. But this proves nothing against Paliner, it does not prove that George did not tell him so; it only proves that he gave a false reason, for a fact. They had heard that they were suspected-how could they have heard this, unless it were from the whisperings of their own consciences? Surely this rumor was not then public. on Saturday, 15th of May. They, neither of | Every step proclaims his secret to every pasthem, knew Palmer. And if they had known senger. His own acts come out, to fix his guilt. him, they could not have known him to have In attempting to charge another with his own been the writer of this letter. It was mysteri- crime, he writes his own confession. To do ous to them, how any one, at Belfast, could away the effect of Palmer's letter, signed Grant have had knowledge of this affair. Their con--he writes his own letter, and affixes to it the scious guilt prevented due circumspection. They did not see the bearing of its publication. They advised their father to carry it to the committee of vigilance, and it was so carried. On Sunday following, Joseph began to think there might be something in it. Perhaps, in the mean time, he had seen one of the Crowninshields. He was apprehensive, that they might be suspected; he was anxious to turn attention from their family. What course did he adopt to effect this? He addressed one letter, with a false name, to Mr. White, and another to the committee; and to complete the climax of his folly, he signed the letter addressed to the committee, "Grant "-the same name as that signed to the letter they then had from Belfast, addressed to Knapp. It was in the knowledge of the committee, that no person but the Knapps had seen this letter from Belfast; and that no other person knew its signature. It therefore must have been irresistibly plain, to them, that one of the Knapps must have been the writer of the letter they had received, charging the murder on Mr. White. Add to this, the fact of its having been dated at Lynn, and mailed at Salem, four days after it was dated, and who could doubt respecting it? Have you ever read, or known, of folly equal to this? Can you conceive of crime About the 27th of April, another attempt is more odious and abominable? Merely to ex-made by the Knapps to give a direction to plain the apparent mysteries of the letter from public suspicion. They reported themselves to Palmer, they excite the basest suspicions of a have been robbed, in passing from Salem to man, who, if they were innocent, they had no Wenham, near Wenham pond. They came to reason to believe guilty; and who, if they were Salem, and stated the particulars of the advenguilty, they most certainly knew to be innocent. ture: they described persons,-their dress, size, Could they have adopted a more direct method and appearance, who had been suspected of the of exposing their own infamy? The letter to murder. They would have it understood, that the committee has intrinsic_marks of a knowl- the community was infested with a band of edge of this transaction. It tells of the time, ruffians, and that they, themselves, were the and the manner in which the murder was com- particular objects of their vengeance. Now, mitted. Every line speaks the writer's con- this turns out to be all fictitious,-all false. demnation. In attempting to divert attention Can you conceive of any thing more enormous, from his family, and to charge the guilt upon any wickedness greater, than the circulation of another, he indelibly fixes it upon himself. such reports?-than the allegation of crimes, if committed, capital? If no such thing-then it reacts, with double force upon themselves, and goes very far to show their guilt. How did they conduct on this occasion? did they make hue and cry? Did they give information that they had been assaulted, that night, at Wenham? No such thing. They rested quietly on that night; they waited to be called on for the particulars of their adventure; they made no attempt to arrest the offenders;-this was not their object. They were content to fill the thousand mouths of rumor,-to spread abroad false reports,-to divert the attention of the public from themselves; for they thought every man suspected them, because they knew they ought to be suspected. Joseph Knapp requested Allen to put these letters into the post office, because, said he, "I wish to nip this silly affair in the bud." If this were not the order of an overruling Providence, I should say that it was the silliest piece of folly that was ever practised. Mark the destiny of crime. It is ever obliged to resort to such subterfuges; it trembles in the broad light; it betrays itself, in seeking concealment. He alone walks safely, who walks uprightly. Who, for a moment, can read these letters and doubt of J. Knapp's guilt? The constitution of nature is made to inform against him. There is no corner dark enough to conceal him. There is no turnpike broad enough, or smooth enough, for a man so guilty to walk in without stumbling. there; he went in and out at his pleasure-he could do this without being suspected. He is proved to have been there the Saturday preceding. If all these things, taken in connection, do not prove that Capt. White was murdered in pursuance of a conspiracy-then the case is at an end. The manner in which the compensation for | part of the house; he was accustomed to visit this murder was paid, is a circumstance worthy of consideration. By examining the facts and dates, it will satisfactorily appear, that Joseph Knapp paid a sum of money to Richard Crowninshield in five franc pieces, on the 24th of April. On the 21st of April, Joseph Knapp received five hundred five franc pieces, as the proceeds of an adventure at sea. The remainder of this species of currency that came home in the vessel, was deposited in a bank at Salem. On Saturday, 24th of April, Frank and Richard rode to Wenham. They were there with Joseph an hour or more: appeared to be negotiating private business. Richard continued in the chaise: Joseph came to the chaise and conversed with him. These facts are proved by Hart, and Leighton, and by Osborn's books. On Saturday evening, about this time, Richard Crowninshield is proved to have been at Wenham, with another person whose appearance corresponds with Frank, by Lummus. Can any doubt this being the same evening? What had Richard Crowninshield to do at Wenham, with Joseph, unless it were this business? He was there before the murder; he was there after the murder; he was there clandestinely, unwilling to be seen. If it were not upon this business, let it be told what it was for. Joseph Knapp could explain it; Frank Knapp might explain it. But they don't explain it; and the inference is against them. Immediately after this, Richard passes five franc pieces, on the same evening, one to Lummus, five to Palmer; and near this time, George passes three or four in Salem. Here are nine of these pieces passed by them in four days; this is extraordinary. It is an unususal currency: in ordinary business, few men would pass nine such pieces in the course of a year. If they were not received in this way, why not explain how they came by them? Money was not so flush in their pockets, that they could not tell whence it came, if it honestly came there. It is extremely important to them to explain whence this money came, and they would do it if they could. If, then, the price of blood was paid at this time, in the presence and with the knowledge of this defendant; does not this prove him to have been connected with this conspiracy? Savary's testimony is wholly unexpected. He was called for a different purpose. When asked who the person was that he saw come out of Capt. White's yard between three and four o'clock in the morning,—he answered, Frank Knapp. I am not clear this is not true. There may be many circumstances of importance connected with this, though we believe the murder to have been committed between ten and eleven o'clock. The letter to Dr. Barstow states it to have been done about eleven o'clock-it states it to have been done with a blow on the head, from a weapon loaded with lead. Here is too great a correspondence with _the_reality, not to have some meaning to it. Dr. Pierson was always of the opinion that the two classes of wounds were made with different instruments, and by different hands. It is possible, that one class was inflicted at one time, and the other at another. It is possible, that on the last visit, the pulse might not have entirely ceased to beat; and then the finishing stroke was given. It is said, when the body was discovered, some of the wounds weeped, while the others did not. They may have been inflicted from mere wantonness. It was known that Capt. White was accustomed to keep specie by him in his chamber; this perhaps may explain the last visit. It is proved, that this defendant was in the habit of retiring to bed, and leaving it afterwards, without the knowledge of his family; perhaps he did so on this occasion. We see no reason to doubt the fact; and it does not shake our belief that the murder was committed early in the night. What are the probabilities as to the time of the murder? Mr. White was an aged man; he usually retired to bed at about half past nine. He slept soundest, in the early part of the night; usually awoke in the middle and latter part; and his habits were perfectly well known. When would persons, with a knowledge of these facts, be most likely to approach him? most Observe, also, the effect on the mind of Rich- certainly, in the first hour of his sleep. This ard, of Palmer's being arrested, and committed would be the safest time. If seen then, going to prison; the various efforts he makes to dis-to or from the house, the appearance would be cover the fact; the lowering, through the crevices of the rock, the pencil and paper for him to write upon; the sending two lines of poetry, with the request that he would return the corresponding lines; the shrill and peculiar whistle -the inimitable exclamations of "Palmer! Palmer! Palmer!"-all these things prove how great was his alarm; they corroborate Palmer's story, and tend to establish the conspiracy. Joseph Knapp had a part to act in this matter; he must have opened the window, and secreted the key-he had free access to every least suspicions. The earlier hour would then have been most probably selected. Gentlemen, I shall dwell no longer on the evidence which tends to prove that there was a conspiracy, and that the prisoner was a conspirator. All the circumstances concur to make out this point. Not only Palmer swears to it, in effect, and Leighton, but Allen mainly sup ports Palmer, and Osborn's books lend confirmation, so far as possible from such a source. Palmer is contradicted in nothing, either by any other witness, or any proved circumstance, or |