This morning after breakfasting with Mr. Andrews I walk'd leisurely to Boston. Just
before I left Cambridge the parts for exhibition were distributed: Charles has a dialogue
with Emerson: the circumstance gave me more pleasure than any allotment that I ever
had, myself.
As soon as I arrived in Boston, I immediately went to Court,
{ 285 } and found them engaged upon the trial of one John Shehane for burglary. The attorney
general
1 began, in behalf of the commonwealth. He examined his witnesses and said but little,
observing that he should wait to see what defence the counsel for the prisoner, had
to make.
Mr. Wetmore
2 spoke first for the prisoner; at the first outset, he attempted to address the passions
of the jury, Mr. Dawes who sat next to me observ'd that this was a bad omen. The pathetic
he said should always be reserved for the latter part of the plea: a man should gradually
grow warm (said he) as he advances in his subject; like a wheel, which acquires heat
by rolling.
The evidence which Mr. Wetmore produced, was very favorable to the prisoner. If true
it proved an alibi; and it proved likewise that Shehane, had bought the articles, which he was charged
with stealing: but they told so many different stories, and the attorney general produced
such evidence, that they were perjured; that I think no stress could be laid upon
it.
Mr. Tudor spoke much at length in the afternoon; and very ably: Mr. Paine, closed
for the Commonwealth, at about 7 in the evening. All the judges (there were four present)
appeared to be of opinion that the prisoner was guilty. At half past 8, the jury was
pack'd,
3 and the court adjourn'd for an hour: but the jury had not then agreed upon a verdict;
upon which the court adjourn'd till 9 o'clock to-morrow morning.
I was so entirely engaged the whole day in hearing this trial, which was very interesting;
that I had no time, to go any where else. Between 10 and 11 at night I carried my
bundle to Mr. Colman's, from whose house the stage setts off, and I took a bed there,
in order to be ready to go very early in the morning.