Commonwealth v. Knapp
Massachusetts Supreme Judicial Court
John Francis Knapp was indicted as principal, together with Joseph Jenkins Knapp and George Crowninshield as accessories, in the murder of Joseph White of Salem, which was perpetrated on the 6th of April, 1830. The indictment alleged, that Richard Crowninshield also was a principal, and that he had committed suicide. The parties indicted were tried separately.
Read the full summary
John Francis Knapp was indicted as principal, together with Joseph Jenkins Knapp and George Crowninshield as accessories, in the murder of Joseph White of Salem, which was perpetrated on the 6th of April, 1830. The indictment alleged, that Richard Crowninshield also was a principal, and that he had committed suicide. The parties indicted were tried separately. On the arraignment of J. Francis Knapp on the 23d of July, he desired that R. Rantoul, who had recently been admitted an attorney of the Court of Common Pleas, might be assigned as one of his counsel ; but the Court refused his request,…
1Dissent
Putnam J. dissented.
Afterwards the Court, upon the application of the counsel for the government, consented to hear a second argument upon the question.
Webster insisted, that the assent proposed to be obtained from the prisoner was not in the nature of a confession, within the rules of law admitting and excluding confessions. The principle is, that a man confesses what he is entitled to withhold ; he reveals a secret within his own breast, which he has a right to retain ; and as he- gives up some .king which the pub *511Ac is not entitled to, the gift is to be free and voluntary, like other…
2Cases cited5 opinions
- United States v. PalmerSupreme Court of the United States · 1818
- United States v. FurlongSupreme Court of the United States · 1820
- United States v. One Case of Hair PencilsU.S. Circuit Court for the District of Northern New York · 1825
- RunawaysU.S. Circuit Court for the District of District of Columbia · 1834
- Davis v. ForrestU.S. Circuit Court for the District of District of Columbia · 1811