always congruous, and agrees with itself. Every truth in the universe agrees with every other truth in the universe; whereas falsehoods not only disagree with truths, but usually quarrel among themselves. Surely Mr. Colman is influenced by no bias-no prejudice; he has no feelings to warp him-except now, he is contradicted, he may feel an interest to be believed. If you believe Mr. Colman, then the evidence is fairly in the case.

I shall now proceed on the ground that you do believe Mr. Colman.

When told that Joseph had determined to confess, the defendant said,-"It is hard, or unfair, that Joseph should have the benefit of confessing, since the thing was done for his benefit." What thing was done for his benefit? Does 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?

to be offered to Palmer, then in Maine: there | was no good reason why he should have the preference. Mr. Colman felt interested for the family of the Knapps, and particularly for Joseph. He was a young man who had hitherto sustained a fair standing in society; he was a husband. Mr. Colman was particularly intimate with his family. With these views he went to the prison. He believed that he might safely converse with the prisoner, because he thought confessions made to a clergyman were sacred, and that he could not be called upon to disclose them. He went the first time, in the morning, and was requested to come again. He went again at three o'clock; and was requested to call again at five o'clock. In the mean time he saw the father and Phippen, and they wished he would not go again, because it would be said the prisoners were making confession. He said he had engaged to go again at five o'clock; but would not, if Phippen would excuse him to Joseph. Phippen engaged to do this, and to meet him at his office at five o'clock. Mr. Colman went to the office at the time, and waited; but as Phippen was not there, he walked down the street and saw him coming from the jail. He met him, and while in conversation, near the church, he saw Mrs. Beckford and Mrs. Knapp, going in a chaise towards the jail. He hastened to meet them, as he thought it not proper for them to go in at that time. While conversing with them near the jail, he received two distinct messages from Joseph, that he wished to see him. He thought it proper to go: he then went to Joseph's cell, and while there it was that the disclosures were made. Before Joseph had finished his statement, Phippen came to the door; he was soon after admitted. A short interval ensued, and they went together to the cell of Frank. Mr. Colman went in by invitation of Phippen; he had come directly from the cell of Joseph, where he had for the first time learned the incidents of the tragedy. He was incredulous as to some of the facts which he had learned, they were so different from his previous impressions. He was desirous of knowing whether he could place confidence in what Joseph had told him he therefore put the questions to Frank, as he has testified before you; intimate that he received the information from answer to which, Frank Knapp informed him, 1. "That the murder took place between ten and eleven o'clock."

2. That Richard Crowninshield was alone in the house."

3. "That he, Frank Knapp, went home afterwards."

4. "That the club was deposited under the steps of the Howard street meeting-house, and under the part nearest the burying ground, in a rat hole, &c."

5. "That the dagger or daggers had been worked up at the factory."

It is said that these five answers just fit the case; that they are just what was wanted, and neither more or less. True they are, but the reason is, because truth always fits; truth is

The defendant said, "he 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 in

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, 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.

This testimony of Mr. Colman is represented That you cannot doubt, that the prisoner at as new matter, and therefore an attempt has the bar knew that the murder was to be done been made to excite a prejudice against it. It on the night of the 6th of April. is not so. How little is there in it, after all, that did not appear from other sources? It is mainly confirmatory. Compare what you learn from this confession, with what you before knew:

JOSEPH STORY.

JOSEPH STORY was born at Marblehead, Massachusetts, on the eighteenth of September, 1779. He was educated at Harvard College, and upon leaving Cambridge returned to his native town, and commenced the study of law with Mr. Samuel Sewall, then an advocate of high rank, a member of Congress, and subsequently Chief Justice of the Supreme Court of Massachusetts. From some of his letters written about this time it is to be judged, that the profession which young Story had chosen was not entirely in accordance with his inclinations. "I have begun the study of law," he wrote to a friend, "and shall continue it with unremitting diligence; but a sigh of regret often accompanies my solitary moments,— -a sigh expressive of my ardent love of literary fame, and the impossibility of devoting all my attention to the object of my wishes. I candidly confess, that the hope of 'immortality' alone buoys me up, and if this hope should be destroyed, even should I remain unaffected by the meanness of mankind, all pleasure will have flown, and this world will appear a 'dreary waste, a wild without a flower." But this feeling of regret was of short duration. He soon acquired a love for the intricacies and subtleties of the law, and applied himself closely to study, for many months devoting fourteen hours a day to the office and to his legal books. In the midst of these labors he indulged quite freely in general reading, and composition; and on the occasion of the death of General Washington, he delivered a eulogy at the request of the citizens of Marblehead. During the same period he composed a poem, entitled The Power of Solitude.

Mr. Story left the office of Mr. Sewall in January, 1801, and entered that of Mr. Samuel Putnam, at Salem, where six months after he opened an office and commenced practice. His business seems to have been not very extensive during the first few years of his professional life. At this time he became an active politician, and embraced the cause of the republican or Jeffersonian party. In 1803 the station of naval officer of the port of Salem was tendered him, but he declined the appointment, both from professional considerations and motives of utility. During the following year he re-wrote his poem on the The Power of Solitude, and published it, with several fugitive pieces in verse. On the fourth of July, 1804, he pronounced an oration commemorative of the independence of the United States, and soon after published a Selection of Pleadings in Civil Actions. At this time his practice was daily increasing; "his position at the bar was prominent," says his son, "and he was engaged in nearly all the cases of importance. His manner to the jury was earnest and spirited; he managed his causes with tact, was ready in attack or defence, and had great eloquence of expression. As an advocate, he showed the same sagacity of perception, which no intricacy of detail could blind and no suddenness of attack confuse, which afterwards so distinguished him as a judge. In the preparation of cases he was cautious and scrupulous, patiently mastering the law and the facts before the trial, and never relying on first views and general knowledge.*

In 1805, Mr. Story was elected to the Massachusetts legislature, and at once took a prominent position in that body. In all the debates he appeared with the greatest readiness, and scarcely a

* Life and Letters of Joseph Story, edited by his son.

committee of consequence was appointed during his term, of which he was not an active and principal member. After remaining in the legislature three sessions, he was elected to Congress, but served in that body for a few months only. On his return to Massachusetts, he was again chosen to the legislature, and continued in that position until January, 1812. During a portion of his legislative career, he occupied the speaker's chair. About this time he edited and published an edition of Chitty on Bills of Exchange and Promissory Notes; Abbott on Shipping, and Lawes on Assumpsit, in addition to the duties of his profession.

In November, 1811, he was appointed by President Madison an Associate Justice of the Supreme Court of the United States. At that time he was but thirty-two years of age, the youngest judge on the bench, and, with the single exception of Mr. Justice Buller, of the King's Bench, the youngest that ever had been elevated to a similar position. The spotless integrity of his character, the disinterestedness of his sentiments, and his acquirements as a lawyer, pre-eminently fitted him for the duties he was called upon to perform. Although many of his political opponents viewed his appointment with distrust and condemnation, their doubts were soon dissipated by the uprightness of his judicial course, and their condemnation turned to praise. After eighteen years of important and distinguished services on the bench, he added to the labors of his judgeship the equally onerous duties of a professor of law.

Through the munificence of Nathan Dane, the author of the Abridgment of American Law, a professorship of law was founded in Harvard College, with the express stipulation that Judge Story should be its first professor, and that the duties of the office should be so arranged, that they would not interfere with the performance of his labors as a member of the supreme bench. Judge Story assumed the professorship on the twenty-fifth of August, 1829, and soon after removed from Salem to Cambridge, where he established his permanent residence. From this period his time was spent at Washington during the sessions of the Supreme Court, on the first circuit of the New England States, and at Cambridge in the Law School. This latter institution became his favorite, and he always performed its duties with the greatest interest and zeal. His manner towards the students was affectionate and familiar. He was fond of designating them as "my boys," and without assuming any superiority, or exacting any formal respect, he participated so far as he was able in their success and failure, and extended beyond the narrow period of the school, far into active life, that interest in their behalf which he had contracted as their teacher. His lectures upon what are commonly considered the dry topics of the law, were delivered with enthusiasm, and illustrated with copious anecdotes from the storehouse of his memory and his experience, and filled with episodes which were suggested to his active mind at almost every step. His influence over the students was unbounded. His zeal was contagious, and awakened similar feelings in his auditors, and the enthusiasm of the speaker and audience acted and reacted upon each other. It is unnecessary, in this place, however, to enlarge upon the merits of his government, or to state the success with which his efforts were attended. Judge Story's literary labors were very extensive. In addition to the numerous valuable legal works he perfected, which now form no inconsiderable portion of the standard text-books of the profession, he prepared many occasional essays and orations, eulogistic and general, which for conciseness, eloquence, and purity of diction, will always command the admiration of the scholar as well as that of the general reader. He also contributed many articles to the American Jurist, as well as to the Encyclopædia Americana, which was prepared by his friend Dr. Lieber. In the latter work the articles on Common Law, Congress of the United States, Death Punishment, Evidence, Legislation, National Law, and several others are from his pen, and are written with his characteristic ability, and in his usual comprehensive style.

In reviewing the life of Judge Story, the amount of labor he performed seems almost incredible. "Its mere recapitulation," says his son, "is sufficient to appal an ordinary mind. The judgments delivered by him on his circuits comprehend thirteen volumes. The reports of the Supreme Court during his judical life occupy thirty-five volumes, of which he wrote a full share. His various treatises on legal subjects, cover thirteen volumes, besides a volume of Pleadings. He edited and annotated three different treatises, with copious notes, and published a volume of poems. He delivered and published eight discources on literary and scientific subjects, before

different societies. He wrote biographical sketches of ten of his contemporaries; six elaborate reviews for the North American; three long and learned memorials to Congress. He delivered many elaborate speeches in the legislature of Massachusetts and the Congress of the United States. He also drew up many other papers of importance, among which are the argument before Harvard College, on the subject of the Fellows of the University; the Reports on Codification, and on the salaries of the Judiciary; several important Acts of Congress, such as the Crimes Act, the Judiciary Act, the Bankrupt Act, besides many other smaller matters. In quantity, all other authors in the English law, and judges must yield to him the palm. The labors of Coke, Eldon, and Mansfield, among judges, are not to be compared to his in amount. And no jurist in the common law, can be measured with him, in extent and variety of labor." Judge Story was a constant and assiduous student from a very early period of his life until the time of his decease. His habits were extremely regular and systematic. He never rose earlier than seven, and always retired for the night at or about ten. If, on rising, his breakfast was not ready, "he went at once to his library and occupied the interval, whether it was five minutes or fifty, in writing. When the family assembled he was called, and breakfasted with them. After breakfast he sat in the drawing-room, and spent from a half > three quarters of an hour in reading the newspapers of the day. He then returned to his study, and wrote until the bell sounded for his lecture at the Law School. After lecturing for two, and sometimes three, hours, he returned to his study and worked until two o'clock, when he was called to dinner. To his dinner (which, on his part, was always simple) he gave an hour, and then again betook himself to his study, where, in the winter time he worked as long as the daylight lasted, unless called away by a visitor, or obliged to attend a moot-court. Then he came down and joined the family, and work for the day was over. Tea came in about seven o'clock; and how lively and gay was he then, chatting over the most familiar topics of the day, or entering into deeper currents of conversation with equal ease. All of his law he left up stairs in the library; he was here the domestic man in his home." His evenings were spent socially with his friends and family, or in reading the current literature of the day. Thus his life was passed, and thus it was prolonged. Retaining to the end the undisturbed possession of all his faculties, he died, after a short illness, on the tenth of September, 1845. A full and comprehensive account of his life and services, has been published since his death, from the facile pen of his son, Mr. W. W. Story. His Miscellaneous Works, edited by the same able hand, are now before the public.

CHARACTERISTICS OF THE AGE.

Judge Story pronounced the following dis- | itself over the business of many ages, must course at Cambridge, before the Phi Beta Kappa have a tendency to chill that enthusiasm which Society of Harvard University, on the thirtyencouragement to every enterprise, and first of August, 1826:

GENTLEMEN: If I had consulted my own wishes, I should not have presumed to address you on the present occasion. The habits of professional employment rarely admit of leisure for the indulgence of literary taste. And in a science, whose mastery demands a whole life of laborious diligence, whose details are inexhaustible, and whose intricacies task the most acute intellects, it would be matter of surprise, if every hour withdrawn from its concerns did not somewhat put at hazard the success of its votary. Nor can it escape observation, how much the technical doctrines of a jurisprudence, drawn from remote antiquity, and expanding

lends

to obscure those finer forms of thought which give to literature its lovelier, I may say, its inexpressible graces. The consciousness of difficulties of this sort may well be supposed to press upon every professional mind. They can be overlooked by those only whose youth has not been tried in the hard school of experi ence, or whose genius gives no credit to impossibilities.

I have not hesitated, however, to yield to your invitation, trusting to that indulgence which has not hitherto been withheld from well-meant efforts, and not unwilling to add the testimony of my own example, however humble, in favor of the claims of this society to the services of all its members.

We live in an extraordinary age. It has been