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WILLIAM WEMMS AND SEVEN OTHERS. 463

truth by analyzing the evidence, and arranging it under dis-
tinct heads of enquiry.?

Gentlemen of the Jury, after having thus gone through
the evidence, and considered it as applicatory to all and
every of the prisoners, the next matter in order seema to be
the consideration of the law pertinent upon this evidence.

4Mr. Quincy now entered, at large, upon @ review of the appeat-
ances in Several parta of the town; he was copious upon the expres-
sions and behavior sworn to. He then, more particularly recapitu-
lated the evidence touching Murray’s barracks, Dock square, and
the Market place. He next pursued several parties, through the eev-
eral lanes and streets, till they centered at the seene of action.

The testimonies of the witnesses, who swore to the repeated infor-
mation given the people; that the sentry and party were on duty;
that they were desired to withdraw and warned of the conseqnences;
were in their order considered.

Under the next thres heads, was remarked “the temper of the sen-
try, of the party of soldiers, and of the people surrounding them.”

The words, insult and gestures of the same persons were pointed
out; and from thence was collected the designs of the persona
assaulting, and the reasonable apprehensions of those assaulted.

Mr. Quincy then came to the attack itself—considering who the per-
sons were (namely, some sailors), remarking minutely the words and
actions immediately preceding the onset; the weapons used; the vio-
lence of the assault and battery; and the danger of the soldiers.

Mr. Quincy next exhibited those parts of the testimony, whieh evi-
denced the attack continued after the firing.

Under all these heads, there waa methodically stated the number
of the witnesses to each point, and by = comparative view of all the
proofs, conclusions drawn as the foree of the whole.

‘The next consideration, in this mode of inquiry, was the evidence as
severally pertaining to each prisoner; with such observations, on the
‘one hand, a3 served to show a defect of legal proof as to fact; on the
other, such matter as served to justify, excuse or extennate the of-
fenae, in law. .

‘And particularly with regard to Killroy, Mr. Quincy cited and com-
mented on the following passages from Judge Foster’s erown law,
and the Marquis of Becearia’s Kasay on Crimes and punishments:
“Words are often misrepresented, whether through ignoranee, inatten-
tion, or malice, it mattereth not the defendant, te is equally affected
in either case; and they are equally liable to misconstruction, And
witha, this evidence ig not in the ordinary course of things to he dis-
proved by that sort of negative evidence by whch the proof of plain
facts be and often is confronted.” Crown Law, 243. “Finally,
the credibility of a witness is null, when the question relates to the
words of a criminal; for the tone of voiee, the gesture, all that pre-
eedes, aecompanies and follows the different ideas which men annex

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