When the recanting witness, Harvey Scott, was called by the Government to prove that the alibi made for him was not correct, and Mr. Ashmead confidently offered him to prove that he was at the riot, Scott startled the prosecution and satisfied the defense by testifying as follows: “I gave my evidence that I was there once. I was frightened at the time I was taken up, and I said I was there, but I was not; I was proved to be there, but I was not there; they took me to Christiana, and I was frightened, and I didn’t know what to say, and I said what they told me.” He repeated this, whereupon Mr. Ashmead declared that he had been entrapped and asked that Scott might be committed to take his trial for perjury, when the following colloquy occurred: “JUDGE GRIER. Poor devil, it is not worth while for the United States to do it. Let him go, and if you owe him any thing, pay him, that he may not be tempted to steal. ”MR. STEVENS. The truth is, that he is not right in his mind. “MR. J. W. ASHMEAD. With that explanation I am perfectly willing he should depart.” At the resumption of the trial on the next day there was a good deal of discussion as to what should be done about the variation in the testimony of the witness Scott. The Government had manifestly suffered from his wobbling, and intimated that he had been tampered with; all of which was resented by the defense, who declared that he was only a “poor miserable negro,” shallow-minded and uncertain, and that the United States having fed and clothed him for the purpose of the trial, no one representing the defense had had any access to him and the whole effect of his testimony was a matter for the jury. After again calling Dickinson Gorsuch to prove that two of his father’s slaves--Noah Buley and Joshua Hammond--were present at the shooting, the testimony closed, and it was agreed there should be not more than three speeches on either side.