ether
all the circumstances are now known, that should have a bearing on this
point. Suppose that, when he was before the grand jury, he was asked by
the attorney this question, "Was the person you saw in Brown Street
about the size of Selman?" and he answered Yes. This was all true.
Suppose, also, that he expected to be inquired of further, and no
further questions were put to him. Would it not be extremely hard to
impute to him perjury for this? It is not uncommon for witnesses to
think that they have done all their duty, when they have answered the
questions put to them. But suppose that we admit that he did not then
tell all he knew, this does not affect the _fact_ at all; because he did
tell, at the time, in the hearing of others, that the person he saw was
Frank Knapp. There is not the slightest suggestion against the veracity
or accuracy of Mrs. Southwick. Now she swears positively, that her
husband came into the house and told her that he had seen a person on
the rope-walk steps, and believed it was Frank Knapp.

It is said that Mr. Southwick is contradicted, also, by Mr. Shillaber. I
do not so understand Mr. Shillaber's testimony. I think what they both
testify is reconcilable, and consistent. My learned brother said, on a
similar occasion, that there is more probability, in such cases, that
the persons hearing should misunderstand, than that the person speaking
should contradict himself. I think the same remark applicable here.

You have all witnessed the uncertainty of testimony, when witnesses are
called to testify what other witnesses said. Several respectable
counsellors have been summoned, on this occasion, to give testimony of
that sort. They have, every one of them, given different versions. They
all took minutes at the time, and without doubt intend to state the
truth. But still they differ. Mr. Shillaber's version is different from
every thing that Southwick has stated elsewhere. But little reliance is
to be placed on slight variations in testimony, unless they are
manifestly intentional. I think that Mr. Shillaber must be satisfied
that he did not rightly understand Mr. Southwick. I confess I
misunderstood Mr. Shillaber on the former trial, if I now rightly
understand him. I, therefore, did not then recall Mr. Southwick to the
stand. Mr. Southwick, as I read it, understood Mr. Shillaber as asking
him about a person coming out of Newbury Street, and whether, for aught
he knew, it might not be Richard