not this carry an implication of the guilt of the
defendant? Does it not show that he had a knowledge of the object and
history of the murder?
The defendant said, "I told Joseph, when he proposed it, that it was a
silly business, and would get us into trouble." He knew, then, what this
business was; he knew that Joseph proposed it, and that he agreed to it,
else he could not get _us_ into trouble; he understood its bearing and
its consequences. Thus much was said, under circumstances that make it
clearly evidence against him, before there is any pretence of an
inducement held out. And does not this prove him to have had a knowledge
of the conspiracy?
He knew the daggers had been destroyed, and he knew who committed the
murder. How could he have innocently known these facts? Why, if by
Richard's story, this shows him guilty of a knowledge of the murder, and
of the conspiracy. More than all, he knew when the deed was done, and
that he went home afterwards. This shows his participation in that deed.
"Went home afterwards"! Home, from what scene? home, from what fact?
home, from what transaction? home, from what place? This confirms the
supposition that the prisoner was in Brown Street for the purposes
ascribed to him. These questions were directly put, and directly
answered. He does not intimate that he received the information from
another. Now, if he knows the time, and went home afterwards, and does
not excuse himself, is not this an admission that he had a hand in this
murder? Already proved to be a conspirator in the murder, he now
confesses that he knew who did it, at what time it was done, that he was
himself out of his own house at the time, and went home afterwards. Is
not this conclusive, if not explained? Then comes the club. He told
where it was. This is like possession of stolen goods. He is charged
with the guilty knowledge of this concealment. He must show, not say,
how he came by this knowledge. If a man be found with stolen goods, he
must prove how he came by them. The place of deposit of the club was
premeditated and selected, and he knew where it was.
Joseph Knapp was an accessory, and an accessory only; he knew only what
was told him. But the prisoner knew the particular spot in which the
club might be found. This shows his knowledge something more than that
of an accessory. This presumption must be rebutted by evidence, or it
stands strong against him. He has too much knowledge of this transaction
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