ed to
murder in him, and in every person present and joining with him." "If
the fact was committed in prosecution of the original purpose which was
unlawful, the whole party will be involved in the guilt of him who gave
the blow. For in combinations of this kind, the mortal stroke, though
given by one of the party, is considered in the eye of the law, and of
sound reason too, as given by every individual present and abetting. The
person actually giving the stroke is no more than the hand or instrument
by which the others strike." The author, in speaking of being present,
means actual presence; not actual in opposition to constructive, for the
law knows no such distinction. There is but one presence, and this is
the situation from which aid, or supposed aid, may be rendered. The law
does not say where the person is to go, or how near he is to go, but
that he must be where he may give assistance, or where the perpetrator
may believe that he may be assisted by him. Suppose that he is
acquainted with the design of the murderer, and has a knowledge of the
time when it is to be carried into effect, and goes out with a view to
render assistance, if need be; why, then, even though the murderer does
not know of this, the person so going out will be an abettor in the
murder.

It is contended that the prisoner at the bar could not be a principal,
he being in Brown Street, because he could not there render assistance;
and you are called upon to determine this case, according as you may be
of opinion whether Brown Street was, or was not, a suitable, convenient,
well-chosen place to aid in this murder. This is not the true question.
The inquiry is not whether you would have selected this place in
preference to all others, or whether you would have selected it at all.
If the parties chose it, why should we doubt about it? How do we know
the use they intended to make of it, or the kind of aid that he was to
afford by being there? The question for you to consider is, Did the
defendant go into Brown Street in aid of this murder? Did he go there by
agreement, by appointment with the perpetrator?[4] If so, every thing
else follows. The main thing, indeed the only thing, is to inquire
whether he was in Brown Street by appointment with Richard
Crowninshield. It might be to keep general watch; to observe the lights,
and advise as to time of access; to meet the murderer on his return, to
advise him as to his escape; to examine his clothes, to