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alive. And I undertake to say, that all this testimony, if it were in
reference to an ordinary case of alibi, where the party was still living, -
the testimony of six witnesses, who swear that they passed the person
in the street, did no business with him, did not speak with him,
that there was a person with him at the time, who does not come
forward,-would be extremely unsatisfactory. If Dr. George Park-
man were living, and in this Court-house to-day, trying an action
against Dr. W ebster for having stolen his notes of hand, and the
only defence was founded upon this testimony of an alibi, I should
maintain with confidence to a Jury, that the evidence was, in itself,
weak and insufficient. But what was Dr. George Parkman doing, on
that day, when these witnesses think they saw him? Roaming about
the streets;-now in Cambridge-street, then in Causeway-street;
now in Washington-street, going towards Roxbury; then in Court.
street, examining the roofs of houses. Again in Cambridge-street,
and afterwards in Green-street. What was he doing? Was there
ever anything so preposterous!
Consider this fact. I believe the city have made a computation of
the number of persons that pass through Court-street in a certain
given time, during a business day. I do not remember the number,
though I think I have hard. [A voice-"Thirty thousand."]
Thirty thousand persons, in a day of twelve hours, as I am now
informed. How many persons were there in the city who did not
know Dr. George Parkman? Or, I might put it with more strength,
how mangy were there who did know him ?
Now, if Dr. Parkman were roaming about this city, as these
witnesses describe, during the whole of that Friday afternoon, I ask
you to say, upon your consciences, would they not have been able to
produce here, to swear to the fact-not six, or sixty, or six hun-
dred, even, - six thousand, rather! Do you suppose that it would
have been possible for him to have wandered about this city during
a whole afternoon, and no human being, except these six persons, to
have seen him ? Well, what is the evidence ? That this great num-
ber of persons, who, if he had been in the streets, must have seen
him, did not see him ! This is shown by the search which followed
immediately,-a search of the greatest extent, vigilance, closeness,
and scrutiny, that was ever made throughout this city.
But it is not merely the passing a person in the street, or on the
opposite side of the street, or on the same side of the street, or having
a mere passing glance, which, if we give any weight to experience,
can give us a well-grounded assurance that we are not mistaken in
this matter of identity. We offered to put in evidence here, that
there were persons who accosted a man, believing him to be Dr.
George Parkman, and found they were mistaken, when they ap-
proached to converse with him. We were not allowed to put it in.
And why ? Because it was a matter of common experience, as the
Court said. And I put to you, that it is a matter of common expe-
rience,-common to you and to me. I ask you, how many times
you have gone up to a person, and spoken to him, or even attempted
to take him by the hand, and then retreated with-°'I beg your
pardon, sir; I thought it was Mr. -."
You may have seen the District Attorney of the neighboring Courts
of Middlesex, Mr. Train, by my side, during one day of this trial.
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