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ROBERT McCONAGHY. 617

his wound undressed. Many men were questioning whether
he knew who shot at him. To some he answered ‘‘no,’’ to
othera he stated that the prisoner was the man who ebot at
him, and he knew him, That he did, situated as he was, de-
elare on Sunday, that he did not know who shot at him, and
that he so declared, at some other times, seems to be true.
‘We agree this militates against his evidence. Yet we think
great allowance may be made by the jury to the situation in
which Brown was placed. A person questioning another,
does not always understand the answer; nor is the question
always correctly understood. Brown never averred that he
knew who murdered his wife and children,

Now, as to the prisoner, you have heard the facts and cir-
cumstances proved against him.’ It is proved that he went to
his mothers, with his family early on Saturday morning.
There is proof that he left his mother’s dwelling about 9
or 10 o'clock. It is not alleged that he was seen by any one
(exeept by Brown}, until about sun-set, a period of between
9 and 10 hours. You have heard his relation of that period;
and if he gave different accounts of where he was during that
period, it makes against him. Is it not clear from the testi-
mony of Dr. Lightner, that Elizabeth and Jacob were mur-
dered pretty early in the day? We submit to you whether
it was possible for any person to perpetrate the crimes proved,
unless he was well acquainted with the children, and had
their confidence. Quary swears he was at Brown’s between
11 and 12 o’elock. The old lady was then at her dough-
trough. None of the children wero then about the house. He
heard a shot.

" When the prisoner came first to Brown’s, on Sabbath
morning, Mr. McKinstry swears that when first taken into cus-
tody, aitting on the fence, he told him, that on Saturday he
had been at bis brother Mike’s grubbing. About the same
time Rhodes swears he heard Robert say, he ‘‘was clear.’
**Yea,’? some one said, ‘‘he was at the grubbing yesterday.’’
Robert made no answer. When Mr. McKinstry asked him
shortly afterwards if he was at Mike’s grubbing, he said he

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