ad a saddle-horse the Saturday night before; he
had seen Mrs. Beckford at Wenham, and knew she would not return that
night. She had not been away before for six weeks, and probably would
not soon be again. He had just come from Wenham. Every day, for the week
previous, he had visited one or another of these conspirators, save
Sunday, and then probably he saw them in town. When he saw Joseph on the
6th, Joseph had prepared the house, and would naturally tell him of it;
there were constant communications between them; daily and nightly
visitation; too much knowledge of these parties and this transaction, to
leave a particle of doubt on the mind of any one, that Frank Knapp knew
the murder was to be committed this night. The hour was come, and he
knew it; if so, and he was in Brown Street, without explaining why he
was there, can the jury for a moment doubt whether he was there to
countenance, aid, or support; or for curiosity alone; or to learn how
the wages of sin and death were earned by the perpetrator?
Here Mr. Webster read the law from Hawkins. 1 Hawk. 204, Lib. 1,
ch. 32 sec. 7.
The perpetrator would derive courage, and strength, and confidence, from
the knowledge that one of his associates was near by. If he was in Brown
Street, he could have been there for no other purpose. If there for this
purpose, then he was, in the language of the law, _present_, aiding and
abetting in the murder.
His interest lay in being somewhere else. If he had nothing to do with
the murder, no part to act, why not stay at home? Why should he jeopard
his own life, if it was not agreed that he should be there? He would not
voluntarily go where the very place would cause him to swing if
detected. He would not voluntarily assume the place of danger. His
taking this place proves that he went to give aid. His staying away
would have made an _alibi_. If he had nothing to do with the murder, he
would be at home, where he could prove his _alibi_. He knew he was in
danger, because he was guilty of the conspiracy, and, if he had nothing
to do, would not expose himself to suspicion or detection.
Did the prisoner at the bar countenance this murder? Did he concur, or
did he non-concur, in what the perpetrator was about to do? Would he
have tried to shield him? Would he have furnished his cloak for
protection? Would he have pointed out a safe way of retreat? As you
would answer these questions, so you should answer the general question
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