t seven o'clock, near the Salem Hotel; that he afterwards
met him at Remond's, about nine o'clock, and that he was in company with
him a considerable part of the evening. This young gentleman is a member
of college, and says that he came to town the Saturday evening previous;
that he is now able to say that it was the night of the murder when he
walked with Frank Knapp, from the recollection of the fact, that he
called himself to an account, on the morning after the murder, as it is
natural for men to do when an extraordinary occurrence happens.
Gentlemen, this kind of evidence is not satisfactory; general
impressions as to time are not to be relied on. If I were called on to
state the particular day on which any witness testified in this cause, I
could not do it. Every man will notice the same thing in his own mind.
There is no one of these young men that could give an account of himself
for any _other_ day in the month of April. They are made to remember the
fact, and then they think they remember the time. The witness has no
means of knowing it was Tuesday rather than any other time. He did not
know it at first; he could not know it afterwards. He says he called
himself to an account. This has no more to do with the murder than with
the man in the moon. Such testimony is not worthy to be relied on in any
forty-shilling cause. What occasion had he to call himself to an
account? Did he suppose that he should be suspected? Had he any
intimation of this conspiracy?
Suppose, Gentlemen, you were either of you asked where you were, or what
you were doing, on the fifteenth day of June; you could not answer this
question without calling to mind some events to make it certain. Just as
well may you remember on what you dined each day of the year past. Time
is identical. Its subdivisions are all alike. No man knows one day from
another, or one hour from another, but by some fact connected with it.
Days and hours are not visible to the senses, nor to be apprehended and
distinguished by the understanding. The flow of time is known only by
something which marks it; and he who speaks of the date of occurrences
with nothing to guide his recollection speaks at random, and is not to
be relied on. This young gentleman remembers the facts and occurrences;
he knows nothing why they should not have happened on the evening of the
6th; but he knows no more. All the rest is evidently conjecture or
impression.
Mr. White informs you, that he
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