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a vast, overwhelming amount of evidence, to establish the other,
however the proof might have been if it stood alone, it will not stand
against the greater mass of testimony.
The witnesses in favor of the alibi of Dr. Parkman are Mrs. Hatch,
Mr. Thompson, Mr. Wentworth, Mr. Cleland, Mrs. Rhodes and her
daughter, and Mrs. Greenough. It is not necessary to go over all
their evidence. You will remember that the notice of Dr. Parkman's
disappearance appeared in the public papers on Saturdav afternoon;
that, on Sunday a general inquiry was made; that on Saturday af-
ternoon and evening, and on Monday, they had a pretty thorough
search ; and so it continued up to the succeeding Friday, when the
remains were found. No doubt, during that period, there were va-
rious stories as to his having been seen during the day of his disap-
pearance. It may be very probable that there were some accounts
which were made during that period, and very honestly made, by the
persons who thought they saw him. But, I said that this was to be
compared with the evidence on the other side. Gentlemen, perhaps
it is somewhat peculiar to our own country, but it is perfectly well
known to all men of experience, that, when a great event of this kind
arises, which fasiens upon the mind of the public, the whole com-
munity are resolved, at once, into a body of inquirers. Everybody
tells to everybody else whom he has seen, and what he has seen,
within the last twenty-four hours, or within the last week. It is
upon 'those statements that at last a line of inquiries is made, which
leads to the true result. One says, I saw such a thing ; and another,
another thing; but, when compared, they do not agree.
There are two circumstances which apply to proof of alibi. In the
first place, there is the uncertainty which applies to the fact, not to say
anything about an intentional misleading; but a witness is always
liable to be mistaken. Then, in order to establish the fact, it must be
proved, beyond reasonable doubt, that the partv was seen at the pre-
cise time and place where he is alleged to have been seen by.the
witness. And that is the difficulty with regard to proof of alibi.
There is always room for the difference of time to be explained, owing
to the difference of time-pieces, which sometimes vary five or ten
minutes.
On Saturday, notice was given. On Sunday, his disappearance
was pretty generally known in the west part of the town. I believe,
on Monday morning, it was universally known in the city. Then
thousands were put upon their recollection, to say whether they had
seen Dr. Parkman, where, when, and under what circumstances.
Now, he was a person very well known. Perhaps no man of his
age and situation was better known here, in person, than himself.
Now, notwithstanding this proof, the question is whether he would
have been likely to have been seen by many persons, if he had been
moving through the streets in the manner indicated by this testimony.
Judge for yourselves. Would there not, have been hundreds or
thousands of persons who would have seen him, and have testified to
it? This, however, is negative testimony. But if anything happens,
and persons do not see it, if they were placed where they might have
seen it, this, though negative, leads to an affirmative result. That is
one of the modes to lead you to a view of the truth. If you are satisfied
that there were a great number of persons along tire streets where he
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