If all these things, taken in connection, do not prove that Captain White was murdered in pursuance of a conspiracy, then the case is at an end.

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 Captain White’s yard between three and four o’clock in the morning, he answered, Frank Knapp.  It is not clear that 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 in it.  Dr. Peirson 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, that, when the body was discovered, some of the wounds wept, while the others did not.  They may have been inflicted from mere wantonness.  It was known that Captain 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 certainly, in the first hour of his sleep.  This would be the safest time.  If seen then going to or from the house, the appearance would be least suspicious.  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 supports 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 occurrence.  Whatever could be expected to support him does support him.  All the evidence clearly manifests, I think, that there was a conspiracy; that it originated with Joseph Knapp; that defendant