father knows nothing, in reality, of all these
things.

Mr. Shepard says that the first conversation he had with Mr. Knapp was
soon after the murder, and _before_ the arrest of his sons. Mr. Knapp
says it was _after_ the arrest of his sons. His own fears led him to say
to Mr. Shepard, that his "son Frank was at home that night; and so
Phippen told him," or "as Phippen told him." Mr. Shepard says that he
was struck with the remark at the time; that it made an unfavorable
impression on his mind; he does not tell you what that impression was,
but when you connect it with the previous inquiry he had made, whether
Frank had continued to associate with the Crowninshields, and recollect
that the Crowninshields were then known to be suspected of this crime,
can you doubt what this impression was? can you doubt as to the fears he
then had?

This poor old man tells you, that he was greatly perplexed at the time;
that he found himself in embarrassed circumstances; that on this very
night he was engaged in making an assignment of his property to his
friend, Mr. Shepard. If ever charity should furnish a mantle for error,
it should be here. Imagination cannot picture a more deplorable,
distressed condition.

The same general remarks may be applied to his conversation with Mr.
Treadwell, as have been made upon that with Mr. Shepard. He told him,
that he believed Frank was at home about the usual time. In his
conversations with either of these persons, he did not pretend to know,
of his own knowledge, the time that he came home. He now tells you
positively that he recollects the time, and that he so told Mr. Shepard.
He is directly contradicted by both these witnesses, as respectable men
as Salem affords.

This idea of an _alibi_ is of recent origin. Would Samuel Knapp have
gone to sea if it were then thought of? His testimony, if true, was too
important to be lost. If there be any truth in this part of the _alibi_,
it is so near in point or time that it cannot be relied on. The mere
variation of half an hour would avoid it. The mere variations of
different timepieces would explain it.

Has the defendant proved where he was on that night? If you doubt about
it, there is an end of it. The burden is upon him to satisfy you beyond
all reasonable doubt. Osborn's books, in connection with what the young
men state, are conclusive, I think, on this point. He has not, then,
accounted for himself; he has attempted it, and has failed. I pr