Because

He couldn't rule out Thursday until Wednesday night so it was incorrect to say that you could rule out Tuesday and Wednesday by the same logic. As of Wednesday morning he still did not know if it would be Weds or Thursday so the judge was correct.

Same applied on Tuesday morning so judge would have been correct if he'd been hanged at noon on Tuesday as well.

Basically it had to be noon on Tuesday or Wednesday.

Posted By: Jim, Nov 23, 11:35:08