ry manner;
not so public as to be noticed by many. It is near enough to the scene
of action in point of law. It was their point of centrality. The club
was found near the spot, in a place provided for it, in a place that had
been previously hunted out, in a concerted place of concealment. _Here
was their point of rendezvous._ Here might the lights be seen. Here
might an aid be secreted. Here was he within call. Here might he be
aroused by the sound of the whistle. Here might he carry the weapon.
Here might he receive the murderer after the murder.

Then, Gentlemen, the general question occurs, Is it satisfactorily
proved, by all these facts and circumstances, that the defendant was in
and about Brown Street on the night of the murder? Considering that the
murder was effected by a conspiracy; considering that he was one of the
four conspirators; considering that two of the conspirators have
accounted for themselves on the night of the murder, and were not in
Brown Street; considering that the prisoner does not account for
himself, nor show where he was; considering that Richard Crowninshield,
the other conspirator and the perpetrator, is not accounted for, nor
shown to be elsewhere; considering that it is now past all doubt that
two persons were seen lurking in and about Brown Street at different
times, avoiding observation, and exciting so much suspicion that the
neighbors actually watched them; considering that, if these persons thus
lurking in Brown Street at that hour were not the murderers, it remains
to this day wholly unknown who they were or what their business was;
considering the testimony of Miss Jaqueth, and that the club was
afterwards found near this place; considering, finally, that Webster and
Southwick saw these persons, and then took one of them for the
defendant, and that Southwick then told his wife so, and that Bray and
Mirick examined them closely, and now swear to their belief that the
prisoner was one of them;--it is for you to say, putting these
considerations together, whether you believe the prisoner was actually
in Brown Street at the time of the murder.

By the counsel for the prisoner, much stress has been laid upon the
question, whether Brown Street was a place in which aid could be given,
a place in which actual assistance could be rendered in this
transaction. This must be mainly decided by their own opinion who
selected the place; by what they thought at the time, according to their
pl