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


truthfulneSs" These supposed facts were IN harmo-
ny with similar facts aounfantiy established tie
vas neither supported nor lusthed. nor attempted 10
tc SCrtereG after the falSShood Was Inale known.
We Al once moved 20 strike out his testimony from
tie case ard resigned him cheertully TO the pun
ishmCnt winch lie deserved. The counsel Tor the
People felt. or seemed to feel, ercaI surprise a. his
wckeo temtrr,. bu, let tell ihem and You that IN
recOilr- with - much horror from that sally iool.
Jolu Hawiev. ard IN acctp pting the testimony 81
Gay. Phelps, aac Lake. anc N pressing couNcU
upon Z after The exposures which have ottn made
leiC. they have strained a @ gnai while hey have
Swallowed" some very large carels.
/ am 10 prove toyou the malice OF Phelps against
Ancl llich VSses L. Foster te>tiles inAs al the
state Prison NJ l. g. Phelps tpomtsd 10 Itch, who
W.s passing by - he i the means Of rv beng
here VIII have revenge or satisfaction" CALVIN
Beetee say hat II Apui les, when ne -nnounccdto
Phelps that psrdcn had been granted 20 aim. he
repned, - am m the prison through the influence
OF Abel Fitch and others. II live 10 sci out ia
make theU smart Tor II ard give them the same
feed thew have gwen me" Wm. h. LaycOck Says
that OF The SHIT IN January last when Phelps and
his wife were sleeping "a his bed. he heard her ask
him whether he w9s coing 70 see itch the next day
art whether he thought he could do a. he had talked
o.. cops. Phelps replied re should 60 ana see Fitch
and III NeSco1 tili d0 rs H. agreed Grf sck Do him.
he thought ne would come good drive. The same
witness further testlne>. thai. Phelps. IN teiurolng
frcm Michigan Centre the X day after having pre-
torced to purchase Fitch'S oxen. said he would
have Fitch ~ limbo" AID when ashsd Why. asst sned
the poorreason that Fitch had refused 10 sell him his
tvm cattle. Mrs. Phelps contradictS Laycock a> 10
the first Cf these statements but what The value OF
her testimony Is her stake IN thl> prosecution less
than her husbands What IS her independence
| vii not trespa>S upon The charities due 70 wo
man and q wife. by raising a question whe her She
knew the dangerous ways - which ne hal addicted
himself She bad SICK infant IN her arms, and may
well have forgotten remark, the full effect which
she dc not comprehend. can excuse her for error
II she commits the ground OF her fidelity 10 her
unfortunate husband. She Is not the first woman
who has said,
Task not care not ii suilt IN thai hear:.
Snow taat love thee, whatever thou art.
But II YOU must give full fleet TO the evidence of
Mrs Phelps still It leaves the testimony OF three
witnesses who glyep proof Of profound malice and
unoppoSod.
the witness Phelps during the trlal There is liv.
ing ard beautiful harmony IN all truth, lie that Is
truthful to-day truthful Yesterday and viii be
truthful always. Candor. mOdeSiy, meekneSs and
gentelesS are inseparable from tfuthtuneS>. Re-
call the eagerresS Of the witness TO volunteer tcSt
mony INJURIOUS to the defendants. BY interpolaiing
his answers With matter foreign 10 the question pro
pounded | give YOU only one instance of this. On
crosse examination he was asked If he had seen Gay
have counterfeit money. he replied, yes. $50, and
he said he got II of Fitch Recall the scene when
he Impudently confronted VIM. DYER. who was a
respectable citizen OF Indiana and reused all the
vulgar sympathies around HIM. here IN open Court,
falsely charging that respectable person with beng
a horse thief III disguise Recall the fact OF Phelps
appearing IN the Court room, with his coat deiaced
by pretended mark of a bail which he alleged had
been fred At him on WOOdward-ayenue. IN the streets
OF Detroit the night time What could he have been
dong in that quarter " the town al such an hour
Do believe that these defendants assailed him at
that distance from the windows of their prison Do
you believe that SymDathlSlng friends ~no followed
them here attempted his assassination II so, what
has SeCued HIM against ASSASSINATION since that
time, now nearly taree months Recall his bar
room deuunciatiOnS Of Amanda Fitch for perjury and
his rude afray with J. B. Toll, her defender Recall
his charge the stand that Mr. Frlnk had disguised
l- .ft..n
Recall ms lmpudont intrusion upon YOU In your
iourEeys 10 Michigan Centre, when YOU went tosur-
yCy the scenes described IN the testimony, ana 10
test his own yeraclty. Recall his stlll more impu
de- intrusion upon the presence of one OF the panne
IN his visit without hs associates, and without the
presence of the defendants counsel To the same
places Recall him aS he has sat here among the ten
distinguished ara highly respectable COunSelorS Tor
the people nay, at their very head, advising II not
directing the OF the prosecution at every stage
since his own examination was closed Enoughtheh
for Henry Phelps
Room for the Leper Room
Few words will suffice for Heman Lake. His part
is subordinate. lie Is only shadow Of Phelps Ills
testimony an echo. HIS history. therefore, need not
be recited At length. On arriving al manhood, he
learned something of engineering, and did nobody
knows what til his deprayed proclVities bore hin
into the S,ate Prison. There he was friend and
enemy of Phelps by turns. In the summer of 1919,
Lake declined Phelps's invitation to loln him, but IN
the Winter following he accepted MS proposition,
10 work he knew not what. for the Railroad C0m-
pany unueT his direction tie Is gay LOtharlO'
and having been introduced ntOiGay : house as aspy
for the Railroad Company ne at0nes for the un-
kindness of betrayHg Gay, by taxing the vacant
place ~ the ted OF ms wife immediately aitef the
husbands arrest, place which he retains win
touching fidelity, when by Gays death IN prison,
tha, vile becomes widow. Provided win iree
tich hets or himself and paramour, Lake openly ira
verses the state with her IN the railroad cdrs-while
Norr wlles and daughters, and all other good cltl-
zeus with therwiyes and daughters pay full charges
on the great public thOroughaTe. lie is we'll look
ing and ms fingers and bosom are adorned Win
rlngs and golden charms tokens Of manifold and
mertriciOuS favor. But he Is man of feeble mind
and executes only lnditierently well the plots OF
Phelps. IN short, he Is AN illustration oi the uuth
that . pretty fellow Is but half a man lie tesn.
6es from a diary m which even the facts observed
by himself recorded by ms master.
These are the three chef witnesses OF The prose
cuilOn-G0g Phelps and LIKE. IL is easily seen that
the plot before Is the work OF Phelps alone, con
ceyed aud conrlyed for his own gam and to gratfy
his own revenge that the agents of the Railroad
Company misied and deceived, have iurnished MN
redundant means and su0ordnates oil ms own
choice. Gay, While living. If not an instrument,
was dupe Lake Is mdnestly an instrument IN
hIs hands.
But gentlemen, the malice OF Phelps, cannot be
understood without knowing the character and CIR
cumstances of him who the object of hls re-
lenge. Abel +. Fitch was native OF Connecticut,
aged when he appeared before you, f3 years. lie
had a strong mind and considerable education. lie
came to Michigan IN 1887, and with fortune belong
ing TO himself and wife. which was small IN Con
nectlcut he rich man III the OAK openings oil
Michigan. No man, not even one among All mat
cloud of accusers which gathered around him here,
ever charged hm with nsincerity or falsehood. lie
whom you saw brough, here felon on the lUh ot
April, was on the 7th OF that month, elected, ana
without a dissenting ballot as | have been told,
Justice Of the Peace and Supervisor OF his town lie
was gentle Just and humane. the friend and patron
of the poor, ard their gratitude crowned MIN Win
uneoualed popularity. You have seen the house OF
Henry Phelps, IN Sylvan. You remember how dark
and desoate Il was--its low naked walls, It's WIN
dows glazed With capboards lis scanty furniture us
doors closed and suspciously fastened, It's master
and mistress abroad all over the State, looking up
long.ost relations, while maletactor was pursuing
hls dangerous vocaiion-unseen. You remember
the halfthatched barn that was empty OF everything
but refuse bay 70 conceal unawfui things IN the
manger. You remember the fuel gathered from the
waste timber of the railroad although the dwelling
was almost in the midst OF the forest How truly all
this illustrates the darkness Of the spirit that lnnao