offence; when he saw evidence which he might know to be false and
fraudulent brought against him; when his house was filled, from the garret
to the cellar, by those whom he might esteem as false witnesses; and when
he himself, instead of being at liberty to observe their conduct and watch
their motions, was a prisoner in close custody in his own house, with the
fists of a catch-poll clenched upon his throat.

The defendants were at Newburyport the afternoon and evening of the
robbery. For the greater part of the time they show where they were, and
what they were doing. Their proof, it is true, does not apply to every
moment. But when it is considered that, from the moment of their arrest,
they have been in close prison, perhaps they have shown as much as could
be expected. Few men, when called on afterwards, can remember, and fewer
still can prove, how they have passed every half-hour of an evening. At a
reasonable hour they both came to the house where Laban had lodged the
night before. Nothing suspicious was observed in their manner or
conversation. Is it probable they would thus come unconcernedly into the
company of others, from a field of robbery, and, as they must have
supposed, of murder, before they could have ascertained whether the stain
of blood was not on their garments? They remained in the place a part of
the next day. The town was alarmed; a strict inquiry was made of all
strangers, and of the defendants among others. Nothing suspicious was
discovered. They avoided no inquiry, nor did they leave the town in any
haste. The jury has had an opportunity of seeing the defendants. Does
their general appearance indicate that hardihood which would enable them
to act this cool, unconcerned part? Is it not more likely they would have
fled?

From the time of the robbery to the arrest, five or six weeks, the
defendants were engaged in their usual occupations. They are not found to