New-York daily tribune., 1851-09-27

| Nutller II htS ABOVE NSf- AlOtncF witness says
ttai, On beng arrested, Warner asked sho Phelps
was. and salc he DID not know him. Be pleased -
! scQuit the Ccieudan. Warner
! BENJAMIN I Burnet. You see Am there lie went
! across The Esli.oad for a midwife tae day Ire
Gohah OF the track. but he has SHOWN that the
| services Of a midwife were wanted. Wien his COW
! was KILLED By tee engine Nd said he could recover
her tlll value, but L would cost Inn more thaa n
J Would come 90. Acting oE a committee % negotiate
| with the r.. rOlr Company. he expressed the 0pr
! ION tfat iaelr QOscy vas N wise nd unjust. am
| sure you VIII discharge Ruuet.
| Napoleon Lemh lie conducted BaTsts case
| against he Railroad Company. Phelps thinks thar
lcrln heard part o. the conversation wl-h Filcy m
the 5al. a.lev CT Christmas W.T. part There's
| the rub WhatcSef he may have Heard he SAID
nothing IL 90 heaT was criminal 1l1 Il relate back
wards and make Inn responsible 70 the odrning D;
| cep1t IN November Lemn wa> COTwln'S Lawyer
also. AID he Said se should pity the Railroad Com
rauy n torwin Was to le convicted OF burning the
/ Wood pile. that Ccrvn had friends, that the cars
would te rIn of out OF sicht Il Corwln was convict
! % AID the witness added thar Lemn said " his
was n sht. tae people would have tler revenge. l.
ilceed Lenn said III tllS grant lat N was bad law
| and tad morality. but T. NaS not arson. Dixon. the
wheat buN er relates that Fitch todd him thar when
| lemn went pp & the pace where the Dexter had
been rtn Oh. b. slipped knife INTO his sleeve THIS
! Is hercsaY verdict Gentlemen, .or Napoleon i
| Lemn.
! Hiram Hsy Why he Las gone too am losing
all ny clients. Has was 10 Fil,CyS on the night Of
hPu llih-If a my s;erlOus night But he did moth
ing. lie sand nothing. and according to Phelps, Lake
! ard Faulkner, he a> allowed 10 near nothing. When
John Faulkner. " the woodman. arrived NJ Jackson.
at sunrise on the morning Of The l2th. he looked
| around and saw man mounted on nigh whle
| horse, and he thought the man vas Hay. But cer-
tainly It was not HAY and probably the horse Itself
Wa only sro;oSguc and feccy passing cloud.
| verdict, tiSn. for hiram Hay.
| Grndiso Filley Phelps and some of the de-
PENDANTS attended ball NJ the house Of Grandson
| Flcy m March last But Fllley IS charged with do
| irg oihiug and saying nothing there. Dr. Hahn
says that IN the cars when he prisoners were com
| ing down under aTiC>'. e.. FAlcy and another were
Siapg behind HIM. ana tIat one OF thom Sald, II
| could gti hold of that damnd HanA Phelps would
| make lrnce meat Of him lie has been about al
winter pretending 20 re visiting, auC now he has
| cone oUt and exposed the whole matter Whlchot
these ,hree persons seDremen, shall send to the
| safe Prison for thu, admission. Grudl>on Filty
! must hc acquitted.
BENJAMIN T. Gleason. This defendant called al
| FuchS house twice. and WeScou says that FIey,
,peaklng OF those VISITS. SAID that ne" tNoStcotu
was "a tamud SPY md he ought 20 have his throat
| cut" NolVer SAYS ,hal he has heard Gleason.
among others, say that the persons who committed
deDrcdatOnS on the railroad could not OC convicted,
for the reason that they could get witnesses enough
20 swear them clear. think, gentlemen although
there may 0e treason, yet that there y no arson m
ali this and therefore ask he acqulltal OF Glcason
John Palmer Phelps alleges that Palmer re-
monstrarcd with Minor I Laycock against becom-
ing witness and SPY, fol she Railroad company
but lnasmucn as TINS testimony l. conttadIcied by
Christie Backman, who was present on that occa-
son. and Is harmless Il true you viii at once dis
charge Johr Palmer from the indictment
Lester PCnheid He was present al the dinner at
John psmeg's. Wells SAYS that he asked Penheld II
he not afraid. inasmuch a. hlS sled was Shod
with old railroad ron tie replied, No trey never
couic prove ANYTHING they had tricd several times
and fai'ed, Pcnhed. according 20 Mr. John Dowdle,
when speaking OF uoSpaSSeS upon the railroad IA
Leon, SAID the people we're contendtg ior their
rights" Undoubtedly they were gentlemen, but they
were cOntenGing IN "A " ong way. NeveItheiess,
think YOU Will restore Mr.. Penheid 10 his null. lie
= wanted there.
Abncr Grant He has neither done nor said any
thing worthy of bonds. Barrett has only prosecuted
the Railroad Company for ms COW tnat was de-
stroyed. IL grIevous fault, but he nas already
greyouSiy answered II.
Willard Champn lie did not write the "Prce
Bows Warning Phelps relates that Champlan said
at Fey s. that he would like to have seen The depot
De tro burn. with Brooks l.. 1t but Hart Holmes
proves thai Champln was not Al ti1ley on 'h"' oc-
CaSlon.
Minor T. Iaycock lid not fire at an engineer even
# he received loaded pistols ier that purpose. Phelps
says that Fitch told him that Laycock Knew that
$3.50 was paid for burning the depot but ald not know
10 whom Ii was paid This Is mere hearshy, ana Lay
cock must be acquitted.
o. J and X Pric1 Phelps informed us that Price,
without distinguishing which of these Two deien'
dants admitted that he had contributed 10 the fund to
burn the depot. We cannot ascertain which one
ought 10 be punished, and therefore thlnk you are
Do the defendants hire and procure Gay to burn
the depot The case on the par. OF the people i,
that George W. Gay burned the depot with a match
which he lighted al his own house, near The Grand
Circus IN the borders OF the city, At o'clock IN the
evening carried IN Il box through the streets INTO
the depot and there, III the presence of the laborers
but unobscre ed by them, deposited IN the cupola AZ
eight O'Clock that II burned with slo" laIne until
between the hours OF two and three IN the morning
when Il communicated fire 10 the building, and the
building was consumed and that the defendants now
on trlal furnished the match to Gay, ana PAD hlm
$50 for committing the monstrOuS crime. The
burning Of the depot b. an iHcendlny Is what II
called he r0rDus dehct The cnme must be proved
FIRST and beyond reasonable doubt before you are
at tery to enter upon the question who ther the de-
Ia fFH tn ~ ~
then you will mark that 40 human eye saw Geo. W
GAY set ire to the depot. The assumption that ne
commtt6d the crime, rests on Tie lha1
the GcIot was COnsun cd somehow AID on evidence
of admissions and statements supposed 10 nave been
made By him and by The defendants such evidence
IS at once the most uncertain and unsatisfactory
Of all testimony dwell upon tbs because there l.
a common notion thai admissions are conclusive,
Hhle no notion = erroneous. Nlthfcspect 70 ali
verbal admissions. saws Grocneai, vol l., 2UOl ~
may be observed that they ought 10 be received "h
great caution The evidence consisting - 1t does
IN the mere repetition II oral statements Is subject
70 much lmptrecton or mistake, the party hinseH
either being nlslnfonned, or not having clearly *
pressed hs own Gauig, or me witness having Inls-
understood hlm. II frequently happens aso thdt
the witness by unlntenuolay altering aIe" OF the
eyuTesslOTs really used gives cOmprtel} oineftii
statement of vha the party dld say. Inc zcdl, tOp
which generally prevails 10 detect Offenders cs-
pecially m Of aggraI ated guilt aud the strong
disposition IN tie persons engaged IN pursuit OF e'i
cence to rely on slight grounds Oh Suspicion "h'h
are exaggerated into sufficient proof, together WIN
tie character OF persons necessarily called a. VII,
uesses IN cases of secret and atrocous crimes, all
tond to impair the value OF thIs kind Of evidence,
and sometimes to lead 20 It's rejection, when IA civil
actions II would have been received
Tho weight observation Of Mr. Justice Foster IS
also 10 he kept Ia mine. nat this evidence = not 20
he refu,ed IN the ordinary course OF things, IN tne
Wy ~ which the proof oi plan idcts MAJ o. Oo
yisied Il Greenleaf Zl3 'hasty coniesslons maze
10 persons having no authority to examine are me
weakest and most suspicious Of all evidence" tfos-
ter's DlscOUTses, 243.l
Tbesc principles apply with infinitely greater
force when the alleged submissions are procured iOr
hire and reward. ask you now 10 assume furlher
principle, which the Court must charge you u Oe
t,ue and no one VIII gainsay, which Is that 10 adj
mission concludes against The fGct. An admission
does not blnd. If the fac is not true Ihns an al
mission cannot bind If the fact Dc Impossible Oecduse
# u Is impossible It Is not The law IS 20 te