Mr. Dana might find himself changing
places at the bar, and be a defendant instead of counsel, if he
advocated and expressed such sentiments.

_Mr. Dana_ simply bowed to the Attorney, and proceeded.

No citizen is bound to an active execution of this law, unless called
upon as one of the _posse comitatus_. Did your Honor feel bound to join
in the pursuit last Saturday, when the mob passed you at the corner of
Court street? Do you feel bound, of a pleasant evening, to walk about in
the neighborhood and see what fugitives you can find and dispose of?
Would any compensation tempt you to do it?

On the subject of the conversation with Byrnes, that was considered, of
course, very truculent, on the government's evidence. But when explained
by Mr. Minns, what is it? The defendant knows that the cause in which he
is engaged, by a strange revulsion of public feeling, is unpopular. It
is unprofitable, and whatever is unprofitable is unpopular. It is not
genteel, and persons doubtful of their gentility ridicule it. Now Mr.
Davis being engaged in this unpopular cause, Byrnes makes a remark which
Mr. Minns thought was intended to irritate Mr. Davis.

He did not hear the first part, but it ended with "killing the negroes."
Mr. Davis felt that it was intended as a taunt to him. He answered him,
"Then, on that principle, you ought to have your throats cut." I have no
doubt it was a logical conclusion from Mr. Byrnes' premises, and nothing
more.

Up to this point, what is the evidence against Mr. Davis? Am I not right
in saying, nothing whatever--nothing more than any man would be subject
to, who acted as counsel?

The only remaining point is his passing out of the door, and his conduct
in the entry. On this point there is but one witness against him, and
that is Mr. Byrnes, who, unfortunately, holds the office of Deputy
Marshal. I shall not go into an examination of the evidence as to the
reputation of this man. Twelve good men, known to us all, persons likely
to know Byrnes's character, have testified it is and has for years been
bad, decidedly bad; and it was not denied by his witness, that the
verdict at East Cambridge was rendered on the assumption of his not
being worthy of belief. His own witnesses were chiefly casual
acquaintances, or the boon companions of his bowling-alley and
billiard-room, the retailers of liquors, men who, like him, live by
violating the laws by night, which he lives by enforcing in the
day-time.