well, took it to be Frank Knapp, and one of them so said, when there
was nothing to mislead them. Two others, who examined him closely, now
swear to their opinion that he is the man.

Miss Jaqueth saw three persons pass by the rope-walk, several evenings
before the murder. She saw one of them pointing towards Mr. White's
house. She noticed that another had something which appeared to be like
an instrument of music; that he put it behind him and attempted to
conceal it. Who were these persons? This was but a few steps from the
place where this apparent instrument of music (of _music_ such as
Richard Crowninshield, Jr. spoke of to Palmer) was afterwards found.
These facts prove this a point of rendezvous for these parties. They
show Brown Street to have been the place for consultation and
observation; and to this purpose it was well suited.

Mr. Burns's testimony is also important. What was the defendant's object
in his private conversation with Burns? He knew that Burns was out that
night; that he lived near Brown Street, and that he had probably seen
him; and he wished him to say nothing. He said to Burns, "If you saw any
of your friends out that night, say nothing about it; my brother Joe and
I are your friends." This is plain proof that he wished to say to him,
if you saw me in Brown Street that night, say nothing about it.

But it is said that Burns ought not to be believed, because he mistook
the color of the dagger, and because he has varied in his description of
it. These are slight circumstances, if his general character be good. To
my mind they are of no importance. It is for you to make what deduction
you may think proper, on this account, from the weight of his evidence.
His conversation with Burns, if Burns is believed, shows two things;
first, that he desired Burns not to mention it, if he had seen him on
the night of the murder; second, that he wished to fix the charge of
murder on Mr. Stephen White. Both of these prove his own guilt.

I think you will be of opinion, that Brown Street was a probable place
for the conspirators to assemble, and for an aid to be stationed. If we
knew their whole plan, and if we were skilled to judge in such a case,
then we could perhaps determine on this point better. But it is a
retired place, and still commands a full view of the house; a lonely
place, but still a place of observation. Not so lonely that a person
would excite suspicion to be seen walking there in an ordina