ten o'clock
He rose and asked the court in gentlest tones to hear him . He had no personal interest in this trial , except his interest in the welfare of his old schoolmate , Mr. Hartsook . He was grieved and disappointed to find the evidence against him so damaging and he would not for the world add a feather to it , if it were not that his own name had been twice alluded to by the defendant , and by his friend , and perhaps his confederate , John Pearson . He was prepared to swear that he was not over in Flat Creek the night of the robbery later than ten o'clock , and while the statements of the two persons alluded to , whether maliciously intended or not , could not implicate him at all , he thought perhaps this lack of veracity in their statements might be of weight in determining some other points . He therefore suggested -- he could only suggest , as he was not a party to the case in any way -- that his student , Mr. Walter Johnson , be called to testify as to his -- Dr. Small 's -- exact whereabouts on the night in question . They were together in his office until two , when he went to the tavern and went to bed . Squire Hawkins , having adjusted his teeth , his wig , and his glass eye , thanked Dr. Small for a suggestion so valuable , and thought best to put John Pearson under arrest before proceeding further .