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

suDuor the allegation that tAe depot burned by
The alleged inCeIGla!J
.ae witnesses By whom tue admissions thus uncoI-
roDOraied proved, are unworthy Oi cielt D. fel
son Of their deprsvity. Who are those witnesses
GFoRGE W GAY. HENRY PHELPS 1nG nENAN LAkk-
I can CAV wltnes.. for although L. name be was
once defendant, Jet le vas dead Oe'ofe ms una
began ano. beng &c al. he was 10 9ns er delenl-
a:f Before The corpus 6t1ch was pioFe- before
a Mot or q cOusplraCv between hin aiC the leleNl-
at. W. moved # am has been proved Il ali. his
uusvOTn Ccclnat,oLs made when LIVING were re-
celved III evidence u tins nlal on the mlsersQie pre-
ience of promise gwen BY tue couAsei 10. ..e Pc
pie that they wOE.d aterH ards bung these cec4ara-
Ous home - the defend ants. cali the attention ot
Cosrts and lawyers, whoever anG wherever they may
be- 70 whom these proceedings shall IN aiiy De-
come kIoWI 10 the consideration OF tlis eXtraoTdl-
Iary proceeding. Deg leave to remark. concerning
i First that the admissions should nave been post
ponec Until after the iuhlment oi the promise Sc
cond. that Il the declarations OF Gay Lid 0een
brought home 20 The defendants ana confirmed by
tho as promised, that then the declarations Of the
defendants 30 confirming would have constituted The
evidence which ought 10 have been submitted, and
that those combinations would have rendered the
admls Of these hearsay declarations o. Uay IN
necessary and superhuous.
But the declarations are, nevertheless, here. and 50
practically GAY the Principal, although never WON
and although he Is dead. stands before the Court
witness to prove the corpus fect' as vel $50 charge
tie cefeIcants with being accessories 10 ms own
crime. The question now Is upon hls cTedlolity
few preliminary explanations OF grmct2ies be-
fore discuss the witnesses Phelps and Lake. Con-
yiction OF an infamous crime ls by the common law,
a disqualification No person, go convicted, an les
tify At all pardon restores competency, outleaVes
the cYeot Of the witness TO the glscIeuOh OF lne
Jury under the circumstances OF the case. ne
laws of Michigan allow convict felon to be wit
ness but refers the question OF credblty 10 the jury
IL the same way The principle OF these laws is
thus explained by authority " Under the general
he ad OF exclusion, because Of nseIsibty, to the
obligations OF oath NAV be ranked the case per
sons ip|amouSthat Is TO say. persons who Whatever
may be their prOfesced religious oelei, nave oeeh
guilty Of those heqouS cTeS whlch men are hol gen
eraiX found 10 commit unless when so fcrduef as ~
he no r1nd r0rftV If creih The basis OF the rule
seems TO be tha, such person morally too corrupt
TO testify that he Is reckless OF the distinction De-
tween truth anc falsehOOd, and 50 senslD!e 10 the
restraining force OF an oath aS 20 reHCer IL extreme
" improbable that he viii spe * the truth AZ all Of
such person, Mr.. Baron Gilbert remarked that me
credif u kS oath olerb0 0ncef by me- STAN ~ ms
Iloiufv" You see, then. that It l. not bad character
uor CONVICTION OF crime that constitutes the cause OF
discfedit bat It IS the deprav'iy Of mind Of which
bad character or conviction Is the evidence.
WHO was George w. Gay man OF fifty years
or upw ards who had been convicted OF more than
twenty crimes ranging from petit larceny 20 murder,
who bad bCen more than once tenant OF State RI
sons IN several States, man who ilyeo IN daily as
socidtion with cuprlts, and who at TIE TINE kept
house OF Ill-fame and thus suDssted by me deOaSe-
ueut one sex while he harbOfs the most Geprayed
of the Other. He eagerly accepted OF PhepsS propo-
tiCr to bum the new Dep0, Ia Detroit ana TO charge
the commission of tie CRIME upon his recrednt aSso-
claie BoSCe and Sutorn witnesses 70 fasten II upon
hun and thereby procure the discharge OF Van Sickle.
While he would al the same time secure as ne al
legged a double reward Of 5000 from supposed enc
mes of the Railroad Company. for burning the De-
not and 81 0c0 from the Railroad Company for false
information concerning the lncendlary. Need say
more to show that Gays character was so infamous
as TO deprive hi unSWorn- unr0TT0D0rafea testimony
of al claims to credItf
Henry Phelps was convicted md underwent nearly
IN It's whole extent the penalty of the crime OF steal
ing horses He says he was unJusty convicted That
ms plea on trial, but 1t was proved TO De ialse
ICman Lake was convicted OF aiding thlei IN
his escape from prison. and suffered the full penalty
of the law Goa, sci DENY that the crime Of which
he was thus convicted has rendered him infamous
The distinction a technical one, not WORTHY OF an
argument Larceny Is an Infamous crime. lie VINO
assists thiei to escape from punishment was pro5a-
bly himself an accompce n the crime OF the thei
at least he must be moved by SympathIes AS I'M
moral and criminal as the act larceny itself. 1huS
these two witnesses stand before you as men con-
victed of infamous crimes men the credit OF whose
oaths, although II should ne without any conraic-
ton or impeachment, = oNerodianced O thc STAN OF
their mlquity.
1t certainly work OF supcrerosati0n 10 prove
that a peTsou convicted OF an infamous CRIME -
esteemed III tie community III which he lives un-
worthy of credit Tor that Is only 70 prove IN an ndl-
yldual case the SOun0nesS OF the legal maxim, that
Infamous CnmCS lnClcaie u mind lnSeL>i0le 10 the
obligations OF at oath" think this Is the first case
required that witness who has been thus convicted
Should be mpeached by his general bad reputation
III regard to truth and yeIaciy. That proceeding
has been acOptec IN tins case IN regard to fheipe
But " no Is Henry Phelps lie Is the prosecutor on
whose naked oath hfiy citizens were arrested, and
upon whose oath chiefly, If not altogether the Ia
dICtment III tins case was found. Upon ms oath,
sustained by ms confederate Lake, ms prosecution
Is suspended. lie was born Ia Bloomfield, On'ario
County. n Y. III isl4, son OF respectable parents,
who lived IN easy circumstances lie moved with
them to Whealhed, Monroe County, during his
childhood. lie received an education which. al
though not literal one. surpassed what Is ordna-
rily obtained IN country schools and academies, and
which Quahhed vigorous and shre"d mind SUI
ficIelN for any KIND OF business. IN any department
OF private or OF public HE lie came 10 Michigan
with his parent and settled IN highland, Oakland
County, IN 1888. lie pursued no regular occupation
there, but was forward and active. lie conducted
litigation IN Justices Courts, and was at that time
called according 10 the testimony OF one ot ms
friends "a fine fellow" lie elected Town
CLERK. and commissioned Captain IN the Dra-
gooIs of the MIntla. But nothing that he began
was ever finished, nothing that he planted ever
npened. Political pfefeTment ceased, when ruInors
of iasehoods and frauds gained circulation. The
Dragons who enlisted under his command never
equipped, ana they were ultimately dlsoanded.
Alter FIVE years thus spent he went to Michigan
Centre. where Abel l. Fitch resided, and there
phelph bought dIStiery and its stock, with drafts
on a person IN Newly ork. who could never be found.
AfleT SIX months the dlstery reverted, with losses,
Phelps lmmo dIately thereafter became merchant
at Milford, near Highland, his former residence.
month or SIX weeks passed away. and the stock OF
goods was suddenly and mysteriouSy surrendered
10 the merchants al Buffalo, from whom II had been
purchased and Phelps resumed his business as an
advocate III Justices Counts. lie married about this
time, and the counsel VITO defend hlm here say ne
has children. HIS aihdaylts questioned. his
arts III conducting TRIALS suspected, his reputation
waned. and, after three or four years he was con-
vcted of the infamous CRIME which has been men
toned. He was subject 70 occasional epiepilc con-
vulsonS. He fegned them during his trial. and at.
ecied sickness 10 avoid Judgment, but without sue
cess He ielgned illness 10 excuse himself from Ia
Dor IN the prison Suspected and closely watched
there. he failed 10 prOpitlate the police until the sixth
month III the NTH year Of his term had elapsed, and
then he was paIooned. On coming out OF prison he
gathered his family IN his ancient home but habits
OF regular industry and domestic occupation disgust
eG hln. He invited his associate. Lake, who had
JuSt been discharged from prison, TO JON him. but at
hrSt without success. After the lapse Of about
he hired himself TO The District Attorney of the