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DEFENCE OF THE KENNISTONS.*

INTRODUCTORY NOTE.†

THE trial of Levi and Laban Kenniston for highway robbery on the person of Major Elijah Putnam Goodridge, in Newbury, in the county of Essex, on the 19th of December, 1816, was one of the most remarkable trials ever had in Massachusetts. It was remarkable not so much for the dramatic character of its incidents, as for the unwearied pertinacity of the principal actor in the grossest falsehood and perjury. It was a trial awful in its instructions, and painfully interesting in the mystery which still hangs like a shroud around the motives of Mr. Goodridge.

A brief statement of the facts will fully exhibit the remarkable power of Mr. Webster in unmasking the hypocrisy which, for a long time, not only imposed upon the whole community, but misled by its subtlety the entire body of the Essex Bar.

Major Goodridge was a young man of good education and respectable connections; of fine personal appearance, gentlemanly deportment, and good character. His place of business was Bangor, Maine, and at the time of the alleged robbery he was on his way to Boston, travelling in a one-horse sleigh, alone, with a considerable sum of money. Before leaving home he procured a pair of pistols, which he discharged and loaded daily, as he said, in some unfrequented piece of woods, for he did not wish it to be known that he was armed. He said, moreover, that he took the precaution to put a private mark upon every piece of money in his possession, so as to be able to identify it if he should be robbed. His somewhat singular reason for these preliminary meas ures was, that he had heard of a robbery in Maine, not long before.

An Argument addressed to the Jury, at the Term of the Supreme Judicial Court of Massachusetts held at Ipswich in April, 1817.

The following account of this celebrated case was furnished by Stephen W. Marston, Esq., of Newburyport, who, together with Samuel L. Knapp, Esq., of the same place, was associated with Mr. Webster in the defence of the Kennistons.

When he arrived at Exeter, New Hampshire, he procured nine balls, and then, for the first time, made no secret of having pistols. At this place he left his sleigh, obtained a saddle, and started for Newburyport on horseback, late in the afternoon of the 19th of December, passing the Essex Merrimack Bridge a few minutes before nine o'clock. On the brow of the hill, a short distance from the bridge, is the place of the robbery, in full view of several houses, on a great thoroughfare, where people are constantly passing, and where the mail-coach and two wagons were known to have passed within a few minutes of the time of the alleged robbery.

The Major's story was as follows. Three men suddenly appeared before him, one of whom seized the bridle of his horse, presented a pistol, and demanded his money. The Major, pretending to be getting his money, seized a pistol from his portmanteau with his right hand, grasped the ruffian at his horse's head with his left, and both discharged their pistols at the same instant, the ball of his adversary passing through the Major's hand. The three robbers then pulled him from his horse, dragged him over the frozen ground and over the fence, beating him till he was senseless, and robbed him of about seventeen hundred dollars in gold and paper money, and left him with his gold watch and all his papers in the field. Recovering in about half an hour, he went back to the bridge, passed several houses without calling, and, at the toll-house, accused the first person he met with, a female, of robbing him; and so continued charging various people about him with the robbery. After some time a lantern was procured, and himself with others started for the place of the robbery, where were found his watch, papers, penknife, and other articles. He represented to them that the robbers had bruised his head, stamped upon his breast, and stabbed him in several places. Physicians were called, and he appeared to be insane. The next day

he went to Newburyport, and was confined to his bed for several weeks. A reward of three hundred dollars, soon increased by voluntary subscription to one thousand, was offered for the detection of the robbers and the recovery of the money. As soon as the Major was able to leave his bed, he went to Danvers, consulted his friends there, and the result of his deliberations and inquiries was the arrest of the Kennistons, who were found in an obscure part of the town of Newmarket, New Hampshire, their place of residence. In their house the Major found some pieces of his marked gold, deposited under a pork-barrel in the cel lar; he also found there a ten-dollar note, which he identified as his own. This was proof indeed of the fact of the robbery, which seemed for a time effectually fastened upon the Kennistons. But one circumstance after another came to light in regard to the transaction, until some people felt doubts creeping over their minds as to the truthfulness of the

Major's story. These were few in number, it is true, but such an intimation, coming from any respectable source, was enough to startle the Major and his friends from their apathy, and incited them to renewed efforts to probe this dark and mysterious transaction to its depths. The result was a determination to search the house of Mr. Pearson, the tollgatherer at the bridge; but here nothing was found. They then procured the services of an old conjurer of Danvers, Swimmington by name, and under his direction, with witch-hazel and metallic rods, renewed their search upon Mr. Pearson's premises, this time discovering the Major's gold and paper wrappers. Mr. Pearson was arrested, carried to Newburyport, examined before two magistrates, and discharged at once. This operation proved most unpropitious to the Major's plans. So great was the indignation of Mr. Pearson's friends, for he was a respectable man, that they lost all control over themselves, and after the examination, detaching the horses from his sleigh, they drew him home themselves.

It now became more necessary than ever that some one should be found who might be connected with the Kennistons in the robbery, for the circumstances in relation to these men were such, that the public could not believe that they had committed the daring deed, though the evidence was incontestable that they had received a portion of the spoils. The next step, therefore, was to arrest one Taber of Boston, who had formerly lived in Portland, and whom Goodridge said he had seen in Alfred on his way up, and from whom he pretended to have obtained information in regard to the Kennistons. In Taber's house were found a number of the marked wrappers which the Major had put round his gold before leaving home. Taber was likewise brought to Newburyport, examined, and bound over for trial with the Kennistons.

Notwithstanding all this accumulation of evidence, the public were not satisfied. It seemed to be necessary that somebody living near the bridge should be connected with the transaction, and Mr. Joseph Jackman was fastened upon as that unfortunate man, he having left Newbury for New York very soon after the alleged robbery. Thither Goodridge immediately proceeded, found Jackman, who was living there with his brother, searched the house, and in the garret, among some old rubbish, found a large number of his marked wrappers! The Major's touch was magical, and underneath his fingers gold and bank-notes grew in plenty. Jackman was arrested and lodged in "the Tombs," while Good ridge returned to Boston, got a requisition from the Governor, and had him brought in irons to Ipswich, where the Supreme Judicial Court was then in session. The grand jury had risen, but he was examined before a magistrate, and ordered to recognize to appear at the next term; which he did, and was discharged. An indictment had been found

against the Kennistons and Taber, and the time of trial had arrived. Nothwithstanding the doubts and suspicions which had been excited by the conduct of Goodridge, yet the evidence against the Kennistons, Taber, and Jackman was so overwhelming, that almost every one felt sure of their conviction. To such an extent did this opinion prevail, that no eminent member of the Essex Bar was willing to undertake their defence. Under these circumstances, two or three individuals, who had been early convinced that the Major's stories were false from beginning to end, determined, the day before the trial, to send to Suffolk for coun sel. Mr. Webster had just then removed to Boston from Portsmouth; his services were engaged, and late in the night preceding the day of trial he arrived at Ipswich, having had no opportunity to examine the witnesses, and but little time for consultation. The indictment against Taber was nol prossed, and the trial of the Kennistons commenced. Mr. Webster, as senior counsel, conducted the defence with a degree of ability, boldness, tact, and legal learning which had rarely been wit nessed in Essex County, and, notwithstanding the accumulated mass of evidence against the Kennistons, they were acquitted.

At the next term of the Supreme Judicial Court, Jackman was in. dicted and tried, but the jury did not agree, though the Hon. William Prescott had been employed to assist the prosecuting officer. Jackman was again tried at the next term of the court, at this time defended by Mr. Webster, and acquitted.

The criminal prosecutions growing out of this affair being thus ended, Mr. Pearson commenced an action against Goodridge for malicious prosecution, laying his damages at $2,000, which sum the jury awarded him without leaving their seats. In this case, also, Mr. Webster was counsel for the plaintiff; and time had brought forth so many new facts, and the evidence was so clear and overwhelming against Goodridge, that the public became satisfied that he was his own robber! He was surrendered by his bail, committed to jail, took the poor debtors' oath, and soon after left the Commonwealth, and has not resided here since. It is understood that he finally settled in Norfolk, Virginia, where he still lives. The public rarely stop to consider how much they are indebted to men like Mr. Webster for laying bare the villany of such a deep-laid and diabolical plot. But for him there is no doubt the Kennistons and Jackman would have been convicted of highway rob bery, though innocent.

The following report of Mr. Webster's speech is quite imperfect; a mere skeleton, affording but a very inadequate idea of the argument which was actually addressed by him to the jury.

GENTLEMEN OF THE JURY, It is true that the offence charged in the indictment in this case is not capital; but perhaps this can hardly be considered as favorable to the defendants. To those who are guilty, and without hope of escape, no doubt the lightness of the penalty of transgression gives consolation. But if the defendants are innocent, it is more natural for them to be thinking upon what they have lost by that alteration of the law which has left highway robbery no longer capital, than upon what the guilty might gain by it. They have lost those great privileges in their trial, which the law allows, in capital cases, for the protection of innocence against unfounded accusation. They have lost the right of being previously furnished with a copy of the indictment, and a list of the government witnesses. They have lost the right of peremptory challenge; and, notwithstanding the prejudices which they know have been excited against them, they must show legal cause of challenge, in each individual case, or else take the jury as they find it. They have lost the benefit of assignment of counsel by the court. They have lost the benefit of the Commonwealth's process to bring in witnesses in their behalf. When to these circumstances it is added that they are strangers, almost wholly without friends, and without the means for preparing their defence, it is evident they must take their trial under great disadvantages.

But without dwelling on these considerations, I proceed, Gentlemen of the Jury, to ask your attention to those circumstances which cannot but cast doubts on the story of the prosecutor.

In the first place, it is impossible to believe that a robbery of this sort could have been committed by three or four men without previous arrangement and concert, and of course without the knowledge of the fact that Goodridge would be there, and that he had money. They did not go on the highway, in such a place, in a cold December's night, for the general purpose of attacking the first passenger, running the chance of his being somebody who had money. It is not easy to believe that a gang of robbers existed, that they acted systematically, communicating intelligence to one another, and meeting and dispersing as occasion required, and that this gang had their head-quarters in such a place as Newburyport. No town is more distinguished for the general correctness of the habits of its citizens; and it is of such a size that every man in it may be known to all the rest. 38

VOL. V.

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