to have come innocently by it. It must stand against him until he
explains it.
This testimony of Mr. Colman is represented as new matter, and therefore
an attempt has been made to excite a prejudice against it. It is not
so. How little is there in it, after all, that did not appear from other
sources? It is mainly confirmatory. Compare what you learn from this
confession with what you before knew.
As to its being proposed by Joseph, was not that known?
As to Richard's being alone in the house, was not that known?
As to the daggers, was not that known?
As to the time of the murder, was not that known?
As to his being out that night, was not that known?
As to his returning afterwards, was not that known?
As to the club, was not that known?
So this information confirms what was known before, and fully confirms
it.
One word as to the interview between Mr. Colman and Phippen Knapp on the
turnpike. It is said that Mr. Colman's conduct in this matter is
inconsistent with his testimony. There does not appear to me to be any
inconsistency. He tells you that his object was to save Joseph, and to
hurt no one, and least of all the prisoner at the bar. He had probably
told Mr. White the substance of what he heard at the prison. He had
probably told him that Frank confirmed what Joseph had confessed. He was
unwilling to be the instrument of harm to Frank. He therefore, at the
request of Phippen Knapp, wrote a note to Mr. White, requesting him to
consider Joseph as authority for the information he had received. He
tells you that this is the only thing he has to regret, as it may seem
to be an evasion, as he doubts whether it was entirely correct. If it
was an evasion, if it was a deviation, if it was an error, it was an
error of mercy, an error of kindness,--an error that proves he had no
hostility to the prisoner at the bar. It does not in the least vary his
testimony, or affect its correctness. Gentlemen, I look on the evidence
of Mr. Colman as highly important; not as bringing into the cause new
facts, but as confirming, in a very satisfactory manner, other evidence.
It is incredible that he can be false, and that he is seeking the
prisoner's life through false swearing. If he is true, it is incredible
that the prisoner can be innocent.
Gentlemen, I have gone through with the evidence in this case, and have
endeavored to state it plainly and fairly before you. I think there are
conclusions to be drawn from
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