We have offered to produce witnesses to prove, that, as soon as Bray saw the prisoner, he pronounced him the same person.  We are not at liberty to call them to corroborate our own witness.  How, then, could this fact of the prisoner’s being in Brown Street be better proved?  If ten witnesses had testified to it, it would be no better.  Two men, who knew him 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 ordinary manner; not so public as to be noticed by many.  It is near enough to the scene of action in point of law.  It was their point