New-York daily tribune., 1851-09-26

we ns6 .6 +, senD,ion Of IL FROM h., minutes every
Ass Asa,ripg. IT him read u once iaofe tere INC 'ls
i.t res6 = summary Of me uf'cmeufl lhtff,
.,.c,co ,Ou sec that Il is o.se Of Arson tna'
sehs'.a, ,r1ir~-uoiaIng more moth different. Tnis
se.A,uiv < act ehai he WoTl. s1pp9aes We are
O., Tn world thinks We arr irios q case ~
s~..rs(y bu. the world has been mNlec, Il is a.
eoAnsf The e.erk s1OHs Us am / nope ihe WOril
HI1 20. taka HOficf that tlc Indictment requires
" asuswsr % these four question:, ard hing
ere p,d ~ defendants here ON trlai, personally
,be de,.6t al Detroit, on the 4a.d Of November
as 'pi 1i ce6ge Washington Cay burn it, ana
then. ,,,..,.,s ..,s -,-,....r. t.... %, s,,,,
DI ,hey. alIef The fire. WITH guilty kaowle1 e,
nor and 4intain Gay
ATsS,e lsno proof, and no clam maie 70, YER
10, afaibs' he doicn1anis on efhcr ile frst OF The
s~-rb1fthcse questions therefore. YOU have %
.,sser on me second AID third qnest.0as. wish
mid q -. once 90 the Dis iOn % those two
1yessOns 0r' prudence fOr5ids Near mouta "a,
gT1nf IN receiving evidence Of f. oGles and ml>1e-
5sanors Ia Jackson COUNTY out o. your jurisdiction
ssd fOTelg, from this indictment. / must foVie"
.bat erdCICc. II was received under promise ihai
would prove a conspiracy oy tne defendants 70
destroy aH TIC property and structures Oi the CON
psny ano $" iciuoing oeslsh 70 D1ih '"e u'P'' d"
II was ia VAN that We opposed the offer Of ma,
esidence. in vain He sdd II related ~ crimes mat
even 4 committed BY the Defendants, could not be
uIOgct against tntiu aADff l4iS hiutDsi'liF s''S ~
ibey burned It, procured II 20 be burned vas no
matter whether they conspucd 70 10 n or n0l-lhai
they neither burned tue depot nor procured II 20
be burned, then they could not De cohVctea nete IRE.
even though ihey had conspired that al least the
uroOf OF tnese alleged felOHes ought 70 be ieecieI
until after the existence Of such conspiracy snOud
Isve been established. The Court OveUuedus, as
Sou must assume rightly and We must iorthe present
acou,esce 90 the proc: came tuinOiing N, heltef
skelter and We must now remove II cut OF the way
Let us understand clearly vhat IS demanded OF
the defendants IN regard 70 ihis portion OF The case
We are 10 show yOu, not that the alleged ueSpiSseS
xere sot committed. nor thft the alleged meetings
were not held nor that the alleged mcnaces were
not uttered Dv! that all the trcspa.rs meetings ana
menaces winch have been proved, 90 not establish
the fact OF conspiracy by the defendants 70 destroy
ell the property Of the Michigan Central Railroad
nor even 10 destroy the depot At DoiTot When this
shal have been demonstrated TINS question OF con
spiracy viii clearly appear 10 De itlse issue anu
Will fall out from the case
The testimony, under tLis head, presents !. overt
acts 2 Meetings and consultations heha'ee
and declarations by defendant
Ia HeKanining these several classes Oi CFieh e We
will apply two principles, VIZ Whatever Goes NOT
lead al all % the conclusion that a conspiracy ex-
lsled must be- rejected Whatever looks thal way
and vet may easily be explained on hypOthesis uii-
fereDt from that Of conspiracy, must so DC ieeCled
]. Overt Acts. DIVIDE these INTO TWO ciisses !.
Those which were committed by persons hot no"
Identified and which ere ATTENDED ~ tlces
which renain unexplained z lhlse "hcn "tie
committed by persons claimed 70 he ldennhed as de
PENDANTS, and the circumstances attending winch are
explained.
their passage at time not specified Aionzo Holmes
SAYS - 1 was confined al home. Ihey came IN and
said the cars had been stoned This 10 AL Ihe
!ssiimony changes nobody with The ass luh The
fart is proved BY heusay only, which - uo proof al
all
3d. Trespass second instance IS proved by lie
VI Garter This occurred IA June. ~, hitccn Tods
east Of Leon. The witness says that tones were
thrown tina, ne put the breaks tnat he heard the
stones strike the cars that the passengers screamed
that lady handed HIM stone that had fallen IN het
dap, that gentioman was struck IA me oieasl ana
severely luIt." Tins evidence charges nobody that
is II charges everybody and therefore charges no
body
I'd TrespaSs. Proved by the same witness. THIS
occurred also seaT Leon village. The witness says
stones were thrown nom bushes 10y eighi or len
persons One stone think struck ,ho engine And
that rs all.
l,h Trespa,s IN assault of the cars by stones
proved by John " Dexter 90 wls siung III my
room the cars came along I heard glass rattle !
went down and Out told Filly lns stones had been
thrown INTO the parlor found Fitch, Fiily and
COrwin out towards the railroad the Ince boys
had been there be oIt went 10 bed there was glass
on the track next daV." GentlsmCn, YOU know tina,
Fitch Flly and Corwin all lived hard BY II IL true
they may have thrown the stones a The cars on thil
occasion, yet II iS equally true that other persons,
and not they may have committed the assault II IS
certain that Nh. Dexter did not participate IN H. but
went on, from curiosity Fitch, Fhy and Corwn
boys" may have renamed after the witness went to
bed, and may have thrown the stones on that occa
sion and on the other hand they may have gone
home and not have thrown the stones. Ii Is not
proved then that all the defendants named threw
stones and f i bc inferred thai some of them com
mItted that uCspaSs We cannot Distinguish between
the guilty ard the innocent and therefore IN TIE
judgment OF the law al are gulltcss.
5ih. Three instances ol assault If the cars 10y
stones ne proved by VIM CLARK. These ar, prOoa-
bly, three q, the eases concerning winch the witness
Wolcyar hes testified II they are the same, We
shall ind The explanation OF them in hs evidence.
II they aye different and dlSlmct transactions, then
We know not who committed the irespaSses nor IN
what circumstances they committed them. and
therefore they may be dismissed from our consider
alton
9th. The next fact consists of menaceS Of AN as
sault by stones and guns. Hiram Shearman and
John Il Cochran testify that, on one occasion, IN
The night umc wlrle they were Nlng m wait a.
spies, 1.-TWO men came out of Flly's house and
walked along on the track. One OF them wmstled-
AterwMd ihird came out with gun and bay0uet
They spoke Ot tearing up or of wldenlng the track
They sad The cars run so slow We can DO nothing,
hut II Ne can do nothing more Ne can stone them
like hell and afterward The witness heard the re
port of two pistols. reserve comment upon the
value OF tins stmOny aS Affected ON Inc character oi
The witnesses, they beng spies and intormerS, and
remark at present that the transaction, having been
mysterious. and having been observed IN the dark, 10
probably exaggerated But n Il occurred aS has been
described, then we know not who the two men we're
who came out of the house unarmet nor which o'
them gave The signal, # the wh.Silng was designed
asa ssnal, which Is quite uncertala,l nor vel who
'he bandit was who was thus Goubly armed no'
Which one oi The IuiidnS Il Wa Who spoke NJ teal
ms up the track or widening II nor which one con
soled himself and HIS associates by the SeaSonaole
rejection that If they could DO no more they could
Sone the cars. nor which ot them fred the pistol
sor whether pistols were ired AZ the cars or moi.
tee wine sSCs seem not willing 10 rely with conn
ee1ee upon iher own senses m taa, respect But II
eknew all ghiS II would Sll remain true that these
ihfee men not Ncnuhed aS defendants IN this
cause thai then conversation implied no concert
nof agtecmCLt with any other person 10 commit
assault that occasion, much less any concert or
agreement - commit any assaults or dcpredatonS
elsewhere, auC on any other occasion. They may
have been banded together by previous conspiracy
eu,, on the other hand, they may have been only ac
eldentally associated THIS Transaction, therefore,
throws no at upon the issue q thc alleged consp
facy
IN Tre>paSs. An assault upon the cars with guns,
proved by Nm. CLARK This occurred IN June. -
tie says the passenger tram WAS nred upon, but
without eIle,t east Ot Ihc marsh a. Michigan enter.