New-York daily tribune., 1851-09-29

Lake At Piley's II Is nantes, that Phelps " "A
here arriving a. Fileys after he had gone Win tne
aud Allen 10 the pond. so that be nad not zen Fe'
that day. <,L
Letus now look for the whereabouts OF Lake.
Ebenezer Taylor says that he Hiiross .l VIC VIC
suit OF FreeiaId and Taylor that he vas
on foot from DelghOorS who lived ntef ~ te"1ei1 .
nlil and the middle road, near the niu' ne 2asss
person corresponding III stature ana age = Ia ia' .'
walking westward, with RED o1hIie "i.iiH VII @.
10 hiln hike small trunk tied up "a - le -
chief. lie thought 20 because ne hd- sn." y '-n
himself Whether Lake encountered fitii' tid
received Information from nun ,hai ne ,'ps,
was clear Of strangers or not !. Is Qle am al
Lake entered the house "bl,s i'''' vac
Kane and Allen at the plhu. a.. o..
Van Rensselaer, Arnold tes'ihes that ne y ~ofse' -Oi
F,liev in The woods until ii O'CLOCK that cay "hen
they nuit FilIey at parting, SAID ne should 70 nome
10 drner and after dinner go 10 the pond 5Hd iook
q, he nets and told him to come down AZ 3 or
O'Clock and he should have fish ~ tiLey 'ouna
any Kane and Allen testify mat between anu
O'clock FIlley left them al the pond ano returned
horne Arnold saws he overlook Fllley few roos
from ms house, with fish, near O'CLOCK r. NJ. lhAt
Fey went I'D at the south door, that Is, the ooof OF
the fItchen and he proceeded 70 the north door,
.h,ch onens INTO the bar.room. While standing
there Stranger came IN from the back door, which
opens Into the garden, and towards the dltaliey
and said chow DO you DO, Mr.. Filley ~ ana fliiey
replied " how do you do. Mr. Lake 2" That the
then stopped and seemed TO take up, or at
least 10 be raising something and SAID " nave
bundle here, want you TO take care OF IL "blle go
I'D south" Fllley went INTO another room, came
back unlocked the door and tod Lake ne might put
the bundle Oh or in a Hrrel, and Lake put red
bundle into the room and himself Locked the oooi
and threw the key upon the counter before flIey
Arnold received fish from fIiiey ana went hotne.
Arnold Identifies the day by an entry, MADE IN ms
da, book of the labor performed He has been, with
his book under subpoena, duces teum from the prose-
cutlon, and they have not called Tor the prooucuoh
OF the book here He admits that he was once In
States Prison Ia New York, but II was thirty
years ago He was pardoned by Gov. Clinton, soon
after his conviction, the discovery that ms convlc
ton was unjust. He has led, for aught that appears
10 the contrary blameless life since, and ne STANDS
unirnpeached Astute counsel perplexed ms memory
about the date when he made a Visit aiterwaro 10
Brooklyn, but he was abundantly conoooFated as 10
the facts Of the visit is purpose, and the occurrences
connected with It, Mrs. Fitch, the widow, corroo0-
rates him conclusivey by the statement that she saw
him and Filley come together 10 the house In the
afternoon that Filley had fish, and she remarked TO
Mrs Toll, who was then visiting her, that 1t was
pity those fish did not come before, as they would
have had nice pekeTel for dinner. She identllies
the day as the one which Mrs. Toll, Mrs. DIM
mick, and Mr. Cross were at her house.
Kane and Allen anne up from the pond at O'CLOCK,
and then found Filley at home. They went into the
bail-a alley and were followed by stranger named
Lake, whom they had not seen, neither on that day
nor ever before
Harley Woodward, who worked HpOn a farm of
Filleys says that, on April ii, IN pursuance OF an
appointment made by Fliey, he met him, not at hs
house. but at his barn. about sunset with ms son and
Lake and went with them to the pond TO hsh: Aucf
preparing wood for lights and kndlIng hfe, ana
when about to push off, Lake SAID he would return,
and might, perhaps, want TO go away before Flliey
should get back and Fiey said, " Here is the key
that uhlOcks that room
Phelps, Lake, and Faulkner, all agree that Corwh
had the key In the evening, and unlocked the door
and gave Phelps and Lake the box. 1t Is certain that
Filley ard COrwin did not meet that afternoon Tor
Corwin came from Leoni TO Michigan Centre that
night, while FIlley spent the afternoon anC evening
at the pond. except the interval between O'Clock
and sunset, and during that interval, he was there at
his house. Lake must have therefore received the
key from Flley al the pond, and must have delivered
Il TO Corwin when he came there at night.
You will spare me "a few moments to comment
upon the exceptions taken to this important test-
mOHy. Like the answers, given by the prosecution
20 exposure Ofthe humbug of the matches CON
slsts OF the dH thoughts subterfuges of this brace
of "mlscrcants.' After herce struggle between
the counsel and the witnesses, PeeieT and Kellogg,
that left their testimony undlsturbed, and after the
counsel found that they could not shake Gayer Cady
from the position that he was now as he always had
been under the impression that he saw such bunale
he described lying on the bottom of Phelps wagon,
they asked him whether 1t might not be something
else well box He answered. yes. " May II
not have been a greatcoat ," Yes, II might and
then after, the lapse of month, Lake appears upon
the stand and great coat, with pale red flannel
lining, is Land before him. tie then remembered tlat
on Apnl II he took that great coat with nm, that
he laid II upon the seat because, FIRST the weather
was too warm to wear ii secondly, the coat was M
have slipped from the seat INTO the box unnouced :
bu, still Iesolutely denies that he separated from
Phelps, N that they took different route from that
they bec described, and he states also that at no
time that day night did he wear the great coat,
although he was sick and was riding In ar open
wagon from 10 7 NJ. until midnight When asked
what became Of the coat when he arrived AT filieys
he answered that If he took It from the wagon he
hanged II up IN Filley's bN-room that II he did not
take il from the wagon, 1t remained therein and so
II must have been carried by Phelps to Grass Lake
4 II. DA,l... ..l tho aAtl,
tion about the coat than the fact that Lake took 1t
with him m the morning. fact stated for the first
time on his examination at the close OF the case
Gentlemen that coat with red lining If II was really
Lakes great coat, and worn on that OCCASION would
not have needed an apology for It's being too small
Peeler and kellogg would have suspected no bogus
money in the PLAID Inning OF atraveler's old great
coat, IN the month of April Gayer Cady could have
no impression OF a bundle tied up In red handker
chief. II what he had seen was only great coat
living on the bottom OF the wagon Badly as the great
Goa, fulhlsits Office thus far II fails altogether to ex
PLAIN how Phelps and Lake happened To be coming
up the Napoleon road which ihey swear they did
travel at all Lake rot only denies that he took the
great coat from the wagon and carried II across the
helds, hut he denies that he left the wagon at all
Seacord was within rod or two OF the travellers and
could not have mistaken the coat for bundle. MIR
Taylor could not have mistaken coat with red lin
ing for trunk tied up IN a handkerchief, when 1t
passed within three feet OF hm, and was changed
from side to side and certainly Lake could have had
such for an old coat with red plaid lining as
10 have carried IL across the fields on foot when 1t
could have been carried by Phelps IN the wagon, and
lt was too warm To wear the coat when riiing, nor
mould he have thougSt necessary to lock II up away
from the children IN Hliey's store-room. II ne had
been 50 careful OF II, then he would have remember
ed at first his taking the coat with him and placing 1t
In ats depository
2. The prosecution allege that person standing
IN the places described BY Boman and his son. could
not have seen the ARRIVAL Of Lake and Phelps under
che saSSsflas tree, nor could they have seen Lake
ahgh,ing hom the wagon, and climbing over the
fence, ard carrying such bundle across the field.
SO conndent were the prosecution of this that they
challenged Us to give them view, obigng us TO do
80 by declaring IN the presence OF the Court that
matter how many witnesses they might produce 10
grove these physc imposSolltes, vet that the de-
Tense would swear down The hills and NIL up the vail
90 contradict them. The view granted, with what
result YOU know. l think YOU are satisfied that,
stanoing where those witnesses stood, they could
not only see all that they described, but had al.
most said nothing else couid oe seen there. You re-
member how, ON repeated trlals, under that pale
clear shining Sky, recognized the hnncla vh,ch