the most strange and the most
uncharitable, a perversion of all just views of his conduct and
intentions the most unaccountable, to represent him as acting, on this
occasion, in hostility to any one, or as desirous of injuring or
endangering any one. He has stated his own motives, and his own conduct,
in a manner to command universal belief and universal respect. For
intelligence, for consistency, for accuracy, for caution, for candor,
never did witness acquit himself better, or stand fairer. In all that he
did as a man, and all he has said as a witness, he has shown himself
worthy of entire regard.
Now, Gentlemen, very important confessions made by the prisoner are
sworn to by Mr. Colman. They were made in the prisoner's cell, where Mr.
Colman had gone with the prisoner's brother, N. Phippen Knapp. Whatever
conversation took place was in the presence of N.P. Knapp. Now, on the
part of the prisoner, two things are asserted; first, that such
inducements were suggested to the prisoner, in this interview, that no
confessions made by him ought to be received; second, that, in point of
fact, he made no such confessions as Mr. Colman testifies to, nor,
indeed, any confessions at all. These two propositions are attempted to
be supported by the testimony of N.P. Knapp. These two witnesses, Mr.
Colman and N.P. Knapp, differ entirely. There is no possibility of
reconciling them. No charity can cover both. One or the other has sworn
falsely. If N.P. Knapp be believed, Mr. Colman's testimony must be
wholly disregarded. It is, then, a question of credit, a question of
belief between the two witnesses. As you decide between these, so you
will decide on all this part of the case.
Mr. Colman has given you a plain narrative, a consistent account, and
has uniformly stated the same things. He is not contradicted, except by
the testimony of Phippen Knapp. He is influenced, as far as we can see,
by no bias, or prejudice, any more than other men, except so far as his
character is now at stake. He has feelings on this point, doubtless, and
ought to have. If what he has stated be not true, I cannot see any
ground for his escape. If he be a true man, he must have heard what he
testifies. No treachery of memory brings to memory things that never
took place. There is no reconciling his evidence with good intention, if
the facts in it are not as he states them. He is on trial as to his
veracity.
The relation in which the other witness stands
|