e 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 became a party to it, and was one of its
conductors, from first to last. One of the most powerful circumstances
is Palmer's letter from Belfast. The amount of this is a direct charge
on the Knapps of the authorship of this murder. How did they treat this
charge; like honest men, or like guilty men? We have seen how it was
treated. Joseph Knapp fabricated letters, charging another person, and
caused them to be put into the post-office.

I shall now proceed on the supposition, that it is proved that there was
a conspiracy to murder Mr. White, and that the prisoner was party to it.

The second and the material inquiry is, Was the prisoner present at the
murder, aiding and abetting therein?

This leads to the legal question in th