If Mr. Colman were out of the case, there are other reasons why the story of Phippen Knapp should not be believed.  It has in it inherent improbabilities.  It is unnatural, and inconsistent with the accompanying circumstances.  He tells you that they went “to the cell of Frank, to see if he had any objection to taking a trial, and suffering his brother to accept the offer of pardon”; in other words, to obtain Frank’s consent to Joseph’s making a confession; and in case this consent was not obtained, that the pardon would be offered to Frank.  Did they bandy about the chance of life, between these two, in this way?  Did Mr. Colman, after having given this pledge to Joseph, and after having received a disclosure from Joseph, go to the cell of Frank for such a purpose as this?  It is impossible; it cannot be so.

Again, we know that Mr. Colman found the club the next day; that he went directly to the place of deposit, and found it at the first attempt, exactly where he says he had been informed it was.  Now Phippen Knapp says, that Frank had stated nothing respecting the club; that it was not mentioned in that conversation.  He says, also, that he was present in the cell of Joseph all the time that Mr. Colman was there; that he believes he heard all that was said in Joseph’s cell; and that he did not himself know where the club was, and never had known where it was, until he heard it stated in court.  Now it is certain that Mr. Colman says he did not learn the particular place of deposit of the club from Joseph; that he only learned from him that it was deposited under the steps of the Howard Street meeting-house, without defining the particular steps.  It is certain, also, that he had more knowledge of the position of the club than this; else how could he have placed his hand on it so readily? and where else could he have obtained this knowledge, except from Frank?

Here Mr. Dexter said that Mr. Colman had had other interviews with Joseph, and might have derived the information from him at previous visits.  Mr. Webster replied, that Mr. Colman had testified that he learned nothing in relation to the club until this visit.  Mr. Dexter denied there being any such testimony.  Mr. Colman’s evidence was read, from the notes of the judges, and several other persons, and Mr. Webster then proceeded.

My point is to show that Phippen Knapp’s story is not true, is not consistent with itself; that, taking it for granted, as he says, that he heard all that was said to Mr. Colman in both cells, by Joseph and by Frank; and that Joseph did not state particularly where the club was deposited; and that he knew as much about the place of deposit of the club as Mr. Colman knew; why, then Mr. Colman must either have been miraculously informed respecting the club, or Phippen Knapp has not told you the whole truth.  There is no reconciling this, without supposing that Mr. Colman has misrepresented what took place in Joseph’s cell, as well as what took place in Frank’s cell.