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742 X, AMERICAN 8TATE TRIALS.

been granted to Otis only for the purpose of affording time
to the Executive to receive information from the court.

Mr, Hilierd. Some of the prisoners had been identified by
the crew of the Mexican. Now it was well known, that no
evidence was so liable to objection as that relating to iden-
tity. Nething changed more than the human countenance
when exposed to the influence of a tropical sun or strong ex-
eitement. The records of the courts proved this, The cap-
tain thought he recollected a dead man (Delgardo) one of
those who held their knives to his throat in the cabin. It
seemed to him (Mr. H.) that if the captain could identify
any one, it would be more likely to be one of those who came
with him in the boat, in the open sea, when his mind was
undisturbed, than one of those who assaulted him in the
cabin, where the light was necessarily in some degree ob-
seared. The captain could give no deseription of their dress;
in fact he identified nothing. But it was different with the
mate; he never forgot any thing; he said he could remember
all the messmates he had ever seen or known; and that hay-
ing onee seen a face, he never forgot it. Yet, in spite of this,
he recollected nothing of the dress of the individuals who
boarded the Mexican, except that one man had cowhide
shoes, and of these shoes he told the binding. Was it pos-
sible a man could be so minute in his observation as to be
able to tell the binding of a pair of shoes, and yet not he able
to particularize any other article of dresaf Not be able to
tell something about the jackets, etce., of the other ment

Mr. Hilliard then went on to allude to the great similarity
in the appearance of Spanish sailors, their universal swarthy
complexions, ete.; to the evidence of the boy Battis, who
when on board the brig Savage, at Salem, although he said
he at that time recognized two of the prisoners, never men-
tioned the circumstances to any of the numerous friends and
eompanions who were about him; to the improbability of the
eook of the Mexican (Ridgely) being able to distinguish the
scars on the face of Ferrer, the cook of the schooner, whom
the former stated he saw on the fore-top-gallant yard; to the

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