Thursday morning 29th Court met at 7. o’clock.

arose and said—

Gentlemen of the Jury: In Consequence of the illness of it devolves upon me to address you on the part of the defense. We are placed Gentlemen, under peculiar Circumstances. This case has, by the act of the for the People, assumed a new shape since the close of the evidence, and a shape seeming to require a different defense; The Course of is a remarkably shrewd one & well calculated & designed to deceive the jury & surprise the defence. He has told you that he would Magnanimously agree to let off two of the def[endan]ts—, [William] Grover & , and wholly withdraw from the case the testimony of his three Chief witnesses; and for this, he lays great ◊orin to Candor & Magnanimity. Why is the so eager to be considered candid & Magnanimous by you?—— the object & design of all this is, anxiety on his part is, to impress upon & decieve the jury— to throw the case into a new channel— to cut off a sure & relied upon defense— to surprise the deft’s counsel— and having obtained your ill placed confidence, to triumph in this prosecution by, in his concluding speech, wringing & weaving in with the Right circumstances against the defts. the testimony of his abandoned and witnesses. This design, disingenuous and unfair as it is, in the atty for the People, is clearly shown [p. 1]