king in Brown Street shows who committed the murder.
If, then, the persons in and about Brown Street were the plotters and
executers of the murder of Captain White, we know who they were, and you
know that _there_ is one of them.
This fearful concatenation of circumstances puts him to an account. He
was a conspirator. He had entered into this plan of murder. The murder
is committed, and he is known to have been within three minutes' walk of
the place. He must account for himself, He has attempted this, and
failed. Then, with all these general reasons to show he was actually in
Brown Street, and his failures in his _alibi_, let us see what is the
direct proof of his being there. But first, let me ask, is it not very
remarkable that there is no attempt to show where Richard Crowninshield,
Jr. was on that night? We hear nothing of him. He was seen in none of
his usual haunts about the town. Yet, if he was the actual perpetrator
of the murder, which nobody doubts, he was in the town somewhere. Can
you, therefore, entertain a doubt that he was one of the persons seen in
Brown Street? And as to the prisoner, you will recollect, that, since
the testimony of the young men has failed to show where he was on that
evening, the last we hear or know of him, on the day preceding the
murder, is, that at four o'clock, P.M., he was at his brother's in
Wenham. He had left home, after dinner, in a manner doubtless designed
to avoid observation, and had gone to Wenham, probably by way of
Danvers. As we hear nothing of him after four o'clock, P.M., for the
remainder of the day and evening; as he was one of the conspirators; as
Richard Crowninshield, Jr. was another; as Richard Crowninshield, Jr.
was in town in the evening, and yet seen in no usual place of
resort,--the inference is very fair, that Richard Crowninshield, Jr. and
the prisoner were together, acting in execution of their conspiracy. Of
the four conspirators, J.J. Knapp, Jr. was at Wenham, and George
Crowninshield has been accounted for; so that if the persons seen in
Brown Street were the murderers, one of them must have been Richard
Crowninshield, Jr., and the other must have been the prisoner at the
bar.
Now, as to the proof of his identity with one of the persons seen in
Brown Street, Mr. Mirick, a cautious witness, examined the person he
saw, closely, in a light night, and says that he thinks the prisoner at
the bar is the person; and that he should not hesitate at all
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