It was strange that the murder should have been committed on a mistake in fact also.  Joseph furtively abstracted a will, and expected Mr. White would die intestate; but, after the decease, the will, the last will, was found by his heirs in its proper place; and it could never have been known, or conjectured, without the aid of Joseph’s confession, that he had made either of those blunders.

Finally, it was a strange fact that Knapp should, on the night following the murder, have watched with the mangled corpse, and at the funeral followed the hearse as one of the chief mourners, without betraying on either occasion the slightest emotion which could awaken a suspicion of his guilt.

* * * * *

The following note was prefixed to this argument in the former edition:—­

Mr. White, a highly respectable and wealthy citizen of Salem, about eighty years of age, was found, on the morning of the 7th of April, 1830, in his bed, murdered, under such circumstances as to create a strong sensation in that town and throughout the community.

Richard Crowninshield, George Crowninshield, Joseph J. Knapp, and John F. Knapp were, a few weeks after, arrested on a charge of having perpetrated the murder, and committed for trial.  Joseph J. Knapp, soon after, under the promise of favor from government, made a full confession of the crime and the circumstances attending it.  In a few days after this disclosure was made, Richard Crowninshield, who was supposed to have been the principal assassin, committed suicide.

A special session of the Supreme Court was ordered by the legislature, for the trial of the prisoners, at Salem, in July.  At that time, John F. Knapp was indicted as principal in the murder, and George Crowninshield and Joseph J. Knapp as accessories.

On account of the death of Chief Justice Parker, which occurred on the 26th of July, the court adjourned to Tuesday, the third day of August, when it proceeded in the trial of John F. Knapp.  Joseph J. Knapp, being called upon, refused to testify, and the pledge of the government was withdrawn.

At the request of the prosecuting officers of the government, Mr. Webster appeared as counsel, and assisted in the trial.

Mr. Franklin Dexter addressed the jury on behalf of the prisoner, and was succeeded by Mr. Webster in the following speech.]

I am little accustomed, Gentlemen, to the part which I am now attempting to perform.  Hardly more than once or twice has it happened to me to be concerned on the side of the government in any criminal prosecution whatever; and never, until the present occasion, in any case affecting life.