when you were present you would have known it— the eye & mind of all would have been full of attention & rememberance & you would not have lacked <​[illegible]​> witnesses here to have informed you of the speech & the whole speech. But, Gentlemen these facts are all consistent & reconcileable with a fact I will now present:— & did make Speeches at the shanties— a small speech in the language of Payton— on arriving at the shanties informed his friends of what was going on at at — of his conversation with the & what each said in that conversation— that the Smiths were in jail— that the troops were to be disbanded, all of which was news to them & just what every one would have told if his object had been to communicate intelligence. All this, is perfectly consistent with the known condition of things at that time & accords with the fact that what was said made no lasting impression upon any one — attracted no crowd— produced no excitment— drew none from their amusments &, in fact, was not noticed or remembered by hundreds who were present. made no such speech as charged against him nor did & is not heard to say a word:— these facts are before <​you​> by the testimony of witnesses & circumstances to[o] powerful to be resisted & they are facts you must & do know. [p. 9]