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

sicn fthe defendants had made or procured these
matches 70 be made some merchant N town or cous-
Try would have come and have told US that ne sold
some Of the materials some mechanic, tha, d. iur-
niSsed the instruments some Spy oF casual listener
n prove that he some part o The operation, 90
Oysrf card consultations about IT, Mo- a wildwood
scantllng, nor plank. nor cai'c guard. - found IN
iha' neighbCrhCOd Ne man apFe 3rs 70 TESTIFY that
be ever saw Diece OF SncA lumber bought, " drawn
! by the defendants. or delivered 20 them. IL the
/ matches were made oV me defendants, that secret
must have been 10 the possession of 'orty men. and
must have come 20 n, snow edge directly or 'nd,-
recty. NJ their wives. children. laoo1ns men and
strangers. >O-ournng within t1e.s gates. The prose
Z cu'on as held and eNerc SCI power eona y that
/ a. torture. They have not cNtorret. neither bv
threats nor rewards. ccnfc, mat any defendant
ever saw OF used any such materials Cr instruments
The De srdauts have lam per>hng m iall, Subect'o
tie continual visitation and srTyel' SnCe OF the po-
/ ice. rom the DfStric. Attorney downward No one
or TIE defendants purchases hIs 1er-y by confc>Sng
| knowledge OF the manufacture of these matches
Again. II beyond al doubt n L # the defendants
ma these mat hes then they mAte them 70 destroy
/ They never would have delivered them 10 Gay and
/ Phelps 10 burn cVpotS. unless II certain that
when applied, tkey would have effected their work
! Of destruction But these matches were made-not
10 buI-nOi 10 ce>tToybOt a.r5ag, deccirs, and DE-
| fraud. They have deceived and detrauded. they
have not destroyed, and cuunO destroy.
/ So much IN regard 10 the defendants let us now
| turn 10 The other party. The icea OF match or an
instrument Of such sind arose Il the mind Of so'ne-
| tods IN the state Prison. az JACKSON, AZ the time
! when Phelps and Lake were there. In form, the
instrument is Ike the wooden model OF the reyolv-
Ing cannon produced there by one Of the prisoners.
/ Phelps admits that he knew Of that invention. tie
does not admit that he t, but Phelps was inQui-
si,iye and impudent, and the invention WAS notori-
! Gus That invention never came to the knowledge
/ Of the defendants LOOA, now, AZ this humbug-<hs
! cunning instrument cased up"-a conirivance not
/ 10 bum houses wlIh. but 10 clrcumvent cretulous
and tmid Jurors, and punish obnoxious enemies
Stel II does no. Wear an appearance ot iraud-f II
does 10. give out an odOr OF vulgar felony. Il Is
/ State Prison ali over and through aud through.
REMEMBER nov, thai Phelps and Gay, IN the first IN
tervlsW Of then rene NeG qualnance IN december,
conru ed ap.otto eect release oi the eulprlt, an
ScAles, wAch Was to De pfeulcated upon tae 0Hn'he
~ 4 defoi The plo VAS tins that cepot~ast 10 be
burned. or. rs Phelps preferred. that II should be
pre- Gated upon Tie accidental ire whlch had already
taken pace at Dsirot-.hat the fictitious crime was
to ne fl sew Chafgtd upon Joe BOyce who hai dis
honorec his profession by stealing from thieves and
that 1t vas - be- earned oui by >uopenang nr>t-
raie man and hls wife who would swear that boyce
told them before the depot was burned that ne was
gong to burn It, and that after the ire ne todd them
that he had burned II. token riSbis t0kea sign
was neceSSaryto give plauslohty to this pio, why,
token On the principle that the Jews demanded
OF the Saviour sign" On the principle land down
by Horace. IN ms instructions upon invention, seq
mus deiSSdS per dDres guam fae mt occaS sa9ectG
ideilBpS \ match Ike that with which depot
might have been destroyed, upon the theory adopted
was Just the token wanted. The more curlous-the
more vulgar-the more terrible the cOntrlyance. the
better. Mark, now, that Phelps and Lake SPOKE ot
matches long before they were ever seen oy them
selves or by anybody else. Phelps says that Gay
told him OF d match IN ms first interview IN Decem-
Ter. while the ashes OF the Depot were yet smoking,
and SAID he fred the Depot by placing the match M
the cupOla, AT O'Clock" As yet, Phelps shOWs no
match. Again. Phelps saysthat FIley on Chrlstmas.at
the ball alley IN Michigan entire SAID they had made
match, and had sent II to man IN Detrolt, VIM
instructions 20 place II IN the cupola, and that 1t was
placed there, and wentoh hrst-rate Phelps relates
further that Filly described the match on that occa-
SION with great particularly. But remember that
pbalp rot mon thpr roI A
tC have Phelps again says that ABOUT the
10Th January when he went with VIM b Lacock To
the bali alley, Fitch described the manner In when
the match was made. and sad tndt II was sent 10
man IN Detroit and that then tltch took hlm into
the store-TOom OF Fliiey's barroo, and Saou'd hin
match saying he would give HIM such an one 10 60
10 Niles. Phelps SAYS that aiterward tiley showed
him the same match, at the same place but hxes no
day Nevertheless, vet Phelps produces no
match. Again Phelps saws. that, on February the
18Th. Fitch. at Detroit, told HIM that ne had gwen
two matches to Cav. similar t. the one with which
he burned the old Depot, and that Gay. on the same
day. told Phelps that he had received from the man
then in town. who delivered the first match, TWO
matches like It, 10 burn the new Depot WIN Stiil
Phelps shows us no matches. Remember, now, tnat
on the 2ith OF February Phelps had employed Lake
10 assist HIM III his alleged service oi the kaiiroad
Company, and that that day he, with Lake, visited
J Gay, and that Gay then, IN an upper bedroom,
/ show ed HIM match but, a. yet. Phelps ana Lake
/ exhibit no match TO any one. Mark now, that after
i Lake has been employed, and not before Phelps Dv
the hands OF Lake, boUows from Moses Metcalf a
near neg hbor augers exactly adapted to the boreS or
tubes OF both the matches produced IN evidence
Here they this hvequalter anger, you see, lust
fits tins the large tube and this nall inch auger Just
fits the smaller one. Mr.. Seward inserted the au-
gers IN the tubes Phelps wlthdraws his wife from
their home, leaving Lake sole tenant OF ms house
Moses Metcalf calls at Phepss house finds the door
closed and the thumb piece OF the atcn removed
/ knocks. and Lake, partially opening the door and
looking cut, like fox from his hole, receives and
answers his inquiries, and clOseSI AGAIN About the
! mn tmp ipbpT lOMdpn. tufluu the ABSENCE Ot
Phelps and his WIFE, knocks ~ the door, the thumO-
piece being again out lie Is admitted, and hnds
stranger. answering to the description ot LAKE using
augers, saws planes blocks OF wood ana Ddsket Oh
! shayJngs Remember. that al these mysterious
things occurred about the last Of March or IN the hst
week IN April, and that although Phelps pretends To
have seen matches during three months before, ana
i 10 have had a description of them, vet he had never
been able to exhibit match to hs employers, nor to
any other person.
you viii next take notice that cattle guards made
OF such lumber are found all alUag tie Railroad near
! to and passing Immediately By Phelpss house-thal
be- lad the freedom Oi obtaining ana oil using lhe re-
fuse lumber Of the Railroad for fuel or other puf-
noses with free access and facilities 10 the lufnoer
| wards Of the Railroad Co, by whom ne was EN-
ployed, and 70 all lts shops and manufactures ke
member next, that Phelps eft the premises he h'd
before occupied on the lst Of Apr-thdt on the Isl
! of July, on a search made IN the stable on these
premises. then In the possession OF Alfred hetcah'
/ there was found concealed under the decayng nay.
IN the manger. broken piece OF cattle guard which
Alfred Metcalf the new tenant, proved had not been
placed there by himself Judging from the appear
! ance II then presented to dozen neignOonng tarh'
ers. IS they now testify, and from the appearance
that It wears, when produced IN Court. stained ana
saturated with the solutions Of hay and earth IN ram
water must have lain there not tess shan
three months. You see the stain, how II has pehe-
trated all inch. by looking AZ TINS end OF the DO 4
Next. take Nh slows testimony. that on the lVth OF
April after Phelps had left the premises, ana aiter
they aad cone into the possession OF Alfred MetcdD
Phelp, when passing the place with stow, eii hlm,
entered the premises and the stable. and was seen
through the WINDOW, leaning over IN the act OF dong
! something with the decaylng hay "hich We no"
/ know was then lying IN that manger
We have thus found Lake. as early a. Febrnary, IN
the employment and IN the house Of Phelps, and
have found Phelps and Lake IN the month oi March,
In the possession Of augers. planes saws nd LUMBER
| ard axe IN the absence Of Phelps and ms family,
efgaged secretly IN the use OF these instruments lh
Phelps's house. We have, moreover. found tne ma