e same person that Mirick saw. If we were
treating of men that had no occasion to disguise themselves or their
conduct, there might be something in this argument. But as it is, there
is little in it. It may be presumed that they would change their dress.
This would help their disguise. What is easier than to throw off a
cloak, and again put it on? Perhaps he was less fearful of being known
when alone, than when with the perpetrator.

Mr. Southwick swears all that a man can swear. He has the best means of
judging that could be had at the time. He tells you that he left his
father's house at half-past ten o'clock, and as he passed to his own
house in Brown Street he saw a man sitting on the steps of the
rope-walk; that he passed him three times, and each time he held down
his head, so that he did not see his face. That the man had on a cloak,
which was not wrapped around him, and a glazed cap. That he took the man
to be Frank Knapp at the time; that, when he went into his house, he
told his wife that he thought it was Frank Knapp; that he knew him well,
having known him from a boy. And his wife swears that he did so tell her
when he came home. What could mislead this witness at the time? He was
not then suspecting Frank Knapp of any thing. He could not then be
influenced by any prejudice. If you believe that the witness saw Frank
Knapp in this position at this time, it proves the case. Whether you
believe it or not depends upon the credit of the witness. He swears it.
If true, it is solid evidence. Mrs. Southwick supports her husband. Are
they true? Are they worthy of belief? If he deserves the epithets
applied to him, then he ought not to be believed. In this fact they
cannot be mistaken; they are right, or they are perjured. As to his not
speaking to Frank Knapp, that depends upon their intimacy. But a very
good reason is, Frank chose to disguise himself. This makes nothing
against his credit. But it is said that he should not be believed. And
why? Because, it is said, he himself now tells you, that, when he
testified before the grand jury at Ipswich, he did not then say that he
thought the person he saw in Brown Street was Frank Knapp, but that "the
person was about the size of Selman." The means of attacking him,
therefore, come from himself. If he is a false man, why should he tell
truths against himself? They rely on his veracity to prove that he is a
liar. Before you can come to this conclusion, you will consider wh