New-York daily tribune., 1851-09-30

4~rufff
~ pfe'.s about burning the depot at Niles ai..
W.T. .a aiou Il The irlai OF CorNin aa3 Pnoe foi
Na,oa ,le wood was % be PM over bey0a1 t,e
nsr~L irin, because thar would e.ve them more
tne ssp.rsse ,hese alleged cont. ssions OF Smith
S,oU, oii,y eicelce oi thr sane class. and lcaun.
sm,,is Counsel 70 answer for h.m far a. they
,este . hfns'N. J remark upon them only IN rel t
s,on 10 ~ cefcnjanis. II Phclp> cuj3ye1 the un-
80 com .eacc Of ten during his .lsit here tu
rT5nsrt. tuc II Iitch had one or more lutcrv.c 49,
,,,.h siaiJ 'lrn Why could not those interview. Lc
-oveo .tch was az Johnson hotel and Smith Al
b. Psnli ou near by. No private ,n crylews could
b bel b. pa es 80 pnohc. PaeiP> h"'log the cJu-
Silence 4 1oth. and desiring 20 circunvent both
Smn haze BROUGHT them together without beng
.ispeciCf ~ tfutr
t2a,s .entemen. the allegations of smith, Ike
80 o. COS are - be rejected because they are o..
he pa pri not part Of the Transactions which
The loai.eJ District At,orney. however. has re.
bsyed zoe .fOln the necessity % discussing Ilrtbe,
the aliegrt cou'esslons OF Smith. That gentleman
afu.es At foiic.is yO1 10 acqut smith The eyi-
derce aplnst smith consists Of the admissions which
haze cie1. AID nose admissio<, proved b. the
s,ue H.. ps and Lake who prove admissions
aga,ss. 'ie Otheg' defendants nay. Smitn's adnIs.
sIous aIe part Of the evidence against the other
defencrIt- On what ground then, does the Dis
trci Attorney advise the acGult,at Of Smith -
Cer9i' e.. .of or the ground that Smiths admit
ted sge'cr n he crime OF burning the depot
vas INV. Or harmless. On the contrary, he was
d. he c,ff and admits that he aidcd and abet-
n.
tie de;cI0ant'. ought 10 be convicted under the
frsl cOuu, IN The Indictment as q principal IN the
crime nor does the District Attorney ask the ac-
oui'alO NT. Smith on the ground that the evidence
giyen against Inn BY Phelps and Lake IS false.
On The contrary, II the evidence OF those witness
o. agalu.t smith Is false then the evidence against
the other dcieHcans ~ false. But the District At
fOUey GCCiale. that he advises the acqulttal OF
Smith on tie ground that Smiths admissions, as
proved by Phelps md Lake, are false. The District
ATONE p'eads for him. that under the seduction Of
Phelps Ae confessed participation Of a crime Of
which ne had 10 knowledge. Were then his allie
rationS sgan>t Fitch true, whilst his admissions
against himself were false 10 the whole. Of
course, were false When heard the District At
tmney submit this extraordinary proposition, |
thanked God and took courage. II revealed the
cret Of TINS entire prosecution. II showed tina,
Smith had ,ecn fraudulently made defendant that
ne might utter. without oath. false allegations co
convict the oe'cLdautS AZ Michigan Centre under
assurance THAT he should be acquitted himself Aud
nov, geAtleu en, since Smiths allegations are adj
mittcd % fe false, are GAYS ayermentS made un-
der The came circumstances true Smith was, IN
deed. DEGRADED and Cebasei " smith was SeduCed
so eallt b. Phelps Gay bad even less virtue to re-
sist tis SEDUCTION. ! declare, gentlemen my pro
found clon that the hole ecutiOn con
cpiyed a. ffsud that George W. Cav never burned
the dcpO, that he and Smith falsely accused them
selves 0l tt crime under a promise OF Phelps 10
share 10 me reward of 4 conviction Of the defend
ants IN Leoul md that GAY, If he had lived to go
through iTdl and convection, would have been re-
commenced iOr 4 pardon, and would have shared
that reward. No, no, Mr District Attorney No,
no. mos learned Counsel Of Ten, that game cannot
be played out / 90 not say, nor believe, that the
deEudan; Smith as guilty under this indictment. but
do that 4 any guSty, nc - the Puilties of
all. II any here shall be convicted, he must be
convicted frst and ,rest Of al. More than this,
say that there IS honesty Michigan he viii be
the last Of al he offenders 10 be pardoned.
Phelps and Lake, either Jointly or sevefilly charge
tie follow OK defendants with admissions OF some
agency n procuring Gay to burn ,he depot. VIZ
Ahel Elllct Nm (OrXHIn. Daniel
Myers, EbtueZcT fdrnham, Minor I. Ldcock, WIN.
Chsmphu Eben J. Prcc, Aaron Mount, Andrew J..
FfeelanG o ID. Williams and John Acscrson. Only
two aIC ALLEGED 10 have admitted any personal ac-
guain, auce " IN GAY. All were seventy miles from
Detroit - zen the deDot was burned, and could have
had 40 actual knowledge OF the manner IN which 1t
was burned Even If they had contributed to hire
Ga, to commit that crime, there must have been
some doubt their minds whether the IRE was not
casual one Nevertheless, they are all charged with
admissions made with aS much certainty and conf
dcucc as iftlcv had been eyewincsses, and had ac-
tuali, pafi! pated IN the Transaction.
Bui, gentlemen, what motive had Abel +. Fitch to
engage !u such a crime II Is % the credit of his
geneIou. nature that al OF these foul and infamous
accuSci, suggest motive, not OF ayarice nor OF re-
venge. Iog even of retaliation, but Of sympathy.
Thus Phelps states that Fitch sad. al hlS barn, IN
January las that was well a Nare as he, that the
pailroaG vas 4 curse to the community that num-
ber hat ic,gued TO right the wrongs of the people
and thai be- wished To carry 'he plan further. and
would continue until they brought the company to
terms" sympathy. then, with Hcieh5orS who had
sosi .cV rltt.e, the motive ot man worth ten
thousand dollars and more, for proposition 10 burn
the depot, ~ cost OF one thousand dollars, at Inc
ha2aru of M own safety and fortune, and the safety
and fortune. OF The noghborS whose cause he had
eSpou,,d sympathy for a fc" obscure men mo
tive iOf 'Gmuatine the state with balefu conns-
grafton ot ai the most useful structures upon ats
create; highway
And what was the mducement OF Ammi Filiey If
all The testimony the case be no. false, he was m
deed hostile 20 the Railroad Company, ana was
Ilttfh hDx flt foo ~ m
and pueric conduct. mere pIpcurer for other mems
pleasures lie kept lis boats on the lake and hls
nets III Tire Ids supply yourtaheS with fishes and
birds. iit kent balls IN hlS nlnc-pin alleys, am
of NSltoiS II neNc" in Detroit nor IN Niles, as
far SNOW. and ms enterprise IN mlSchiei
teachcd no farther nor higher Than oommlI1ilS an
nOyances la ms own neighborhOod. When or where
did he even learn tha. such wretch aS Gay existed
n thv> capital or elsewhere A. soon would you see
constable leading revolution as thtN brd-ca'Chei
OF Leoni organizing SUCH conspiracy as TINS. 'oi
wins mgrttOGS were Nom NuNhendail tavern IN
Leon 20 NoifiSOuS grocery IN jdc tSon, distance
OF about eight nlleS. When, where. or how came
he 10 Arowltpgc of the hauu,S OF crime an inns me
trolol's Daniel Myers, stand ny. There, EentIe
men, ,og see 4 humble tailor, who follows hiS shears
IN an annual orbit 0t two males IN diameter encit-
cling he village oi Lconl-aS ignorant ol Dcfoh Us
couup,ons and MS crimes as yon are oi tAe palh'u'
tfugalitN hv which he lives. Beyond MN Won see
Ebenczer Fafrhalu, a country dentist all early set
ter IN he GcnCSce country, Mho mas ofough' ule
early settlers habits OF occasional ME tcAPeIah'e mo
Michigan. ,els crazed when ~ hl> cups, and ms
drunken vaearesaI aIe brought here 10y iniormerS VINO
seduc ed liin MO ntoNlcatlon. Harmless wheh n
shat COZ diton. Ge Is gentle and benevolent wheh IN
ihe posse sion Of has senses
There, gentlemen, Is Minor I. Lacock, country
lad OF ScsrCc n, whose simple, sood nature f"ON
nm mic Tie ,ympat0lcS and glrtN oi ms ne esnoois'
and whose principles Of fidelity and truihluincs,'
quite TOO al, a. en- among Us, RESTRAIN hin nom say
inc himself hv becoming meyc enaTy accused. Eoen
] pncc adj ON viii, Rcha!c. hiS tro'hef are
two bo,> lcd oy occasional lu'o nperance To Jom ~
Ne disorders Oi country bdr-rooin. Andre" J.
Preej,nj an INDUSTRIOUS hare working farmer. 10
qusclous and perhaps Jealous, n tie controversies
around hlIo bat harmless IN action d> ne : nee III
Speech O!audo ID. Williams = q stone mason clNii
and oi,tt of good behavior when SOBER Out ,1Ne
farnham iails sometimes INTO inioN cation anu 'htn
brareart md "A fool, whose very cN'ra'dgah,e as
sur,sia,, ~, : harmless. John AcNeISon and Aaron
Mount ase tNo very poor farmers. neither o. ~%n3u9 %
has committed an Sct Or SpoAch WV''' i' s'' NJ.
rounded But ;hey were WITNESSES 'Sya>' l. ".+ 2
hS triei .or horse stealing, anf 80 'h'l mus &c
"a p L NIL