Mr. Ingersoll. No, sir; and no man has a right to say that because he did deny it is evidence of his innocence.
The Court. It is not evidence either way.
Mr. Ingersoll. It is not evidence either way, and if I am charged with a crime and I make a written statement to the Government of my entire connection with that thing, and they go on and examine it for one year and finally finish the trial without showing that that statement was incorrect, it is a moral demonstration that my statement agreed with the testimony.
The Court. On the principle, I suppose, of an account rendered and no objection made?
Mr. Ingersoll. Good. That is a good idea.
The Court. I do not see anything in that.
Mr. Ingersoll. I see a great deal in it, and it is a question whether the jury can see anything in it.
The Court. It is a question whether the Court too——
Mr. Ingersoll. [Interposing.] Very well.
The Court. [Continuing.] Whether the Court is going to allow an argument to be based upon a mere vacuum—wind, nothing.