ay. Brown Street is that way. If you find him there, can you
doubt why he was there?
If, Gentlemen, the prisoner went into Brown Street, by appointment with
the perpetrator, to render aid or encouragement in any of these ways, he
was _present_, in legal contemplation, aiding and abetting in this
murder. It is not necessary that he should have done any thing; it is
enough that he was ready to act, and in a place to act. If his being in
Brown Street, by appointment, at the time of the murder, emboldened the
purpose and encouraged the heart of the murderer, by the hope of instant
aid, if aid should become necessary, then, without doubt, he was
present, aiding and abetting, and was a principal in the murder.
I now proceed, Gentlemen, to the consideration of the testimony of Mr.
Colman. Although this evidence bears on every material part of the
cause, I have purposely avoided every comment on it till the present
moment, when I have done with the other evidence in the case. As to the
admission of this evidence, there has been a great struggle, and its
importance demanded it. The general rule of law is, that confessions are
to be received as evidence. They are entitled to great or to little
consideration, according to the circumstances under which they are made.
Voluntary, deliberate confessions are the most important and
satisfactory evidence, but confessions hastily made, or improperly
obtained, are entitled to little or no consideration. It is always to be
inquired, whether they were purely voluntary, or were made under any
undue influence of hope or fear; for, in general, if any influence were
exerted on the mind of the person confessing, such confessions are not
to be submitted to a jury.
Who is Mr. Colman? He is an intelligent, accurate, and cautious witness;
a gentleman of high and well-known character, and of unquestionable
veracity; as a clergyman, highly respectable; as a man, of fair name and
fame.
Why was Mr. Colman with the prisoner? Joseph J. Knapp was his
parishioner; he was the head of a family, and had been married by Mr.
Colman. The interests of that family were dear to him. He felt for their
afflictions, and was anxious to alleviate their sufferings. He went from
the purest and best of motives to visit Joseph Knapp. He came to save,
not to destroy; to rescue, not to take away life. In this family he
thought there might be a chance to save one. It is a misconstruction of
Mr. Colman's motives, at once
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