Summary of evidence raising presumption of the prisoner's guilt.

(i) Two persons were seen under suspicious circumstances in Brown Street several times the even

ing of the murder, one of whom Mr. Mirick took for the prisoner,

(j) Later two persons were seen acting suspiciously in Howard Street and again in Brown Street, (k) Later a deadly weapon was found hidden where they had met,

(1) Inference, these persons were the murderers of Mr. White, for

(a) They acted suspiciously,

(b) They met several times as if concerting for a crime,

(c) They avoided recognition,

(d) They were in a lonely place, but could look into
every room in White's house,

(e) They fled precipitately at the last meeting,
(f) The murder was committed between these
meetings,

(g) A deadly weapon was found where they had
met,

(h) Crowninshield was one of these persons, for
(1) It is known that he was in town, and he
does not satisfactorily account for him-

self,
(2) Two of the four conspirators account for
themselves,

(i) Frank Knapp was the other person, for
(1) He gives no satisfactory account of himself,
(2) Mr. Mirick, a cautious witness, believes it
to be him,

(3) Mr. Webster believes he saw Frank walk-
ing in Howard Street about 9.30,
(4) Mr. Southwick is positive he saw Frank
walking in Brown Street at 10.30,

(5) Captain Bray thinks it was Frank Knapp,

(6) These streets were a rendezvous for Knapp and Crowninshield,

(1) Miss Jaqueth had noticed them,

(2) The weapon was found there,

(7) Knapp asked Burns not to tell if he saw him out that evening.

Summary of proofs that Brown Street and Howard Street were a place of rendezvous for Frank Knapp and Crowninshield, and that they were there on the evening of the murder.

This must be

(m) It is objected that Brown Street was not a suitable place from which to render aid. determined by those who chose it. of Knapp's presence might be that,

The purpose

(a) Crowninshield was secreted in the garden and awaited a signal, or

(b) Awaited advice as to the time of entering the house, or

(c) Needed help in making his escape, or

(d) Awaited a signal that the street was clear, or
(e) Needed some one to conceal his weapon or his
clothes, or

(f) Needed aid in some unforeseen contingency. (n) Joseph J. Knapp confessed in prison to Mr. Colman, a clergyman, that (i) The murder took place between ten and eleven o'clock, (ii) Crowninshield was alone in the house, (iii) Frank Knapp went home afterwards, (iv) the club was deposited under the Howard Street church steps, (v) The dagger had been worked up at the factory,

(a) Mr. Colman testifies to this and is to be believed, for

(1) He is an intelligent, accurate, cautious wit

ness,

(2) He was Joseph J. Knapp's pastor and intimate friend,

(3) What he says is consistent with all the circumstances,

(4) If J. J. Knapp now refuses to testify, it is at the request of friends who hope to profit by his refusal,

(5) If Mr. Colman's statement is contrary to Mr. N. P. Knapp's it is still to be received, for

(1) N. P. Knapp now contradicts what he formerly stated,

(2) His statement is inconsistent with circumstances,

(3) It is inherently improbable,

(4) He is an interested witness,

(5) He is contradicted by Mr. Wheatland, (6) He formerly told the same story which Mr. Colman tells,

(a) Mr. Wheatland testifies to this, (7) When told of J. J.'s confession, F. Knapp asked, "Is this not prema

ture?"

(6) When Mr. Colman received the confession, he supposed he would not be obliged to testify, being a clergyman,

(7) He found the club where he says J. J. Knapp told him to look for it,

(8) His statement merely confirms what is known from other sources,

(0) Frank Knapp, upon being questioned, confirmed J. J. Knapp's statement to Mr. Colman, (p) In subsequent interviews, Frank Knapp revealed his knowledge of the murder and his complicity in it, for

(a) He called the privilege of turning state's evidence accorded to J. J. unfair, as the thing was done for his benefit,

(b) He said, “I told J. J. it was a silly business and would get us into trouble,"

(c) He knew the dagger had been destroyed,
(d) He knew who had committed the murder,
(e) He knew when it was done,

(f) He knew where the club was hidden,
(g) He went home after the murder,

(9) Mr. Colman's testimony is said to be inconsistent with his subsequent actions; but

(r) His inconsistent conduct is all in favor of F. Knapp and shows a friendliness to him.

CONCLUSION.

D.

I. Summary of Inferences.

The following conclusions must be inferred from the circumstances and the testimony:

A. There was a conspiracy for the purpose of committing the murder;

B. The Crowninshields and the Knapps were
parties to this conspiracy;

C. The prisoner knew that the murder was to
be committed on the evening of April 6th;
D. The murderers of Captain White were the
suspicious looking persons in and about
Brown and Howard Streets that night;
E. Richard Crowninshield was the perpetrator
of that crime;

F. The prisoner at the bar was on Brown Street
that night;

G. If there, he was there by agreement with Crowninshield, to aid the perpetrator; and if so, he is guilty as PRINCIPAL.

II. Address to the Jury:

It is the duty of the jury

A. To apply the law as delivered by the court;
B. To remember the safety of the public, as well as
what is due the prisoner;

C. To decide according to knowledge and conscience

regardless of consequences.

OUTLINE OF BURKE'S SPEECH ON CONCILIATION WITH THE AMERICAN COLONIES.

A.

INTRODUCTION.

1. The return of the penal bill is a good omen;
2. The subject is grave and demands fixed opinions;
3. Parliament has changed its opinions frequently; hence
4. The American Colonies are kept in a state of agitation ;
5. Though requested to formulate a scheme of government,
I hesitate, for I doubt,—

(a) My own ability,

(b) The value of government on paper.

6. I consent, for I believe in,—

(a) The character and judgment of the English people, (b) The efficacy of the proposition, which is,

7. "I propose peace with the Colonies by restoring their former confidence in the mother country"

(a) This is better than refined policy,

; for

(b) Conciliation has already been declared admissible even without submission on the part of the Colonies,

(c) The principle is broad enough,

(d) We, the superior power, may offer it with safety and

honor;

8. This proposition raises two questions;

(a) Shall we concede ?

(b) What shall the concession be?

9. To determine either, it is necessary to examine the nature and circumstances of these colonies.

'DISCUSSION.

B.

FIRST: Condition of American Colonies.

I. Population: (a) Population is already large;

(b) It is very rapidly increasing; hence