wn that the deed was now
to be done. Is it not probable that he was in Brown Street to concur in
the murder? There were four conspirators. It was natural that some one
of them should go with the perpetrator. Richard Crowninshield was to be
the perpetrator; he was to give the blow. There is no evidence of any
casting of the parts for the others. The defendant would probably be the
man to take the second part. He was fond of exploits, he was accustomed
to the use of sword-canes and dirks. If any aid was required, he was the
man to give it. At least, there is no evidence to the contrary of this.

Aid could not have been received from Joseph Knapp, or from George
Crowninshield. Joseph Knapp was at Wenham, and took good care to prove
that he was there. George Crowninshield has proved satisfactorily where
he was; that he was in other company, such as it was, until eleven
o'clock. This narrows the inquiry. This demands of the prisoner to show,
if he was not in this place, where he was. It calls on him loudly to
show this, and to show it truly. If he could show it, he would do it. If
he does not tell, and that truly, it is against him. The defence of an
_alibi_ is a double-edged sword. He knew that he was in a situation
where he might be called upon to account for himself. If he had had no
particular appointment or business to attend to, he would have taken
care to be able so to account. He would have been out of town, or in
some good company. Has he accounted for himself on that night to your
satisfaction?

The prisoner has attempted to prove an _alibi_ in two ways. In the
first place, by four young men with whom he says he was in company, on
the evening of the murder, from seven o'clock till near ten o'clock.
This depends upon the certainty of the night. In the second place, by
his family, from ten o'clock afterwards. This depends upon the certainty
of the time of the night. These two classes of proof have no connection
with each other. One may be true, and the other false; or they may both
be true, or both be false. I shall examine this testimony with some
attention, because, on a former trial, it made more impression on the
minds of the court than on my own mind. I think, when carefully sifted
and compared, it will be found to have in it more of plausibility than
reality.

Mr. Page testifies, that on the evening of the 6th of April he was in
company with Burchmore, Balch, and Forrester, and that he met the
defendant abou