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

20 CoIC-usfln couceTr..- ne existence ~ r ')--
fC.rucy alleged. clam mt tne-e tfalsa Sons o.
lard IS a,oaether n She consideration Oi .4-i lies
tou. or. least. that they sha weigh no more shah
sr cesslyc CemCnStrenhs o' malice are t''ii. " '4
80 y Tim the region where ne deienN4h'' MT
come nert 20 consider ont It's 10 @Eicn ie-
ciGSuts are claimed O. he teaii6ed - 0tcn-'fs,
dra 0f which the attending rruns4abces are 8i'eh
~ Ella med 10 0s giVo-- o. iMs l"l.is H'''' s'fe
.Tcas fcg Of hsnd c1ras al ege' oy tie i-Ae,s .
nrf GsGeI Tie g,.tfs C l"lt 4H't h ~ = =
,sartfd 10 borrow e. ia car 81 Mil-f gen oi ing
Company. to 60 10 hecm MLlerfeidsea. flAtJ '4ll
that A hand car should nOt -taF a. HlcA.5al .rh|c,
% wouc be broken every n'gnt. o-s"eh alls ma
hend was io1 o'"se Do lhe ino-ning- ile''
sHo had eone out before daylight retgrnci tI0
ASKED who they i4d 10 ,rfahlne ot me mana CIT ~
. .nswersd nobody lie replied never mll0
,e man sho broke lt knows "AO GId 40. an nc po
f,sls Is the mar who lives nearest % IL' AiEousn
fflrl this wines Aiil be found unworthy NJ credit
assume lor arguments sake. that tbs ta1s ,cuoA
occurred o. proved. ana grant alse ItI ~ a.
a. ffer .lficlenty the breaking Of the mana oar
Ne;etheless vas AZ at OF peeFish, persona, re-
t,it,tlor for apparent uuhGucss /: :prc-eeIel nom
that acf OF unkudncse. l had no origin -eiuIt
re,ta.niy not N any combination WIN any o'lef
uaftt n hsC an immediate Ooleci an1 ell-Ie,tI
uca Tor that unlunonc's Noyo4y aa'l>et II Do.O'c
hand nobody had any hao ~itoee ihai u W ~ "c
cor,r,ifted nobody kncv when 10 ~as committee nor
re.tlcuafed an tie trcsDass DOuO1y hne" OF ~ OF
pproyed ofIta(.eIwafis. The At "as ulmslih'o'e'
~ FlIg alone vas responsible FOR It. lie was 'e-
.pousibie elsewhere not here "a dlolNef way no
~ p frial Tor arson II Is simply ABSURD 70 clam that
this IS evidence of plot or conspiracy between
Fiv and other defendants 20 burn the deppl ~ ne
ROT ST. months altcrwaTd
80 claimed 10 be proved by Isaac :. smith lie says
TIE cars had stopped at The White Bucgc ny
reason Of the obstruction Of mu1-slli a. sup
posed went down with Marsh. Teriu, Larl anJ
Grant 1eirll and Grant arc deienctn's. Inc
proof does not show that Tho car were oo>iTu yea o)
inuo-sli II that "as the case, Ierrn aid cfSht'
the only defendants unphcated certainly did not lay
tie mud. sill on the track. But Smith saws iuuhef
that on returning from the railroad. TeTrh fei be-
liud and that be (Sm,,hl saw Ierrlli putting pece
a. strap rail on the track Marsh says that smith
pointed out 70 him thc strap iron lying on The tracs
ana be saw Tenlll walking away nom It, or re-
member, gentlemen. that tie track o! the ltllfO u
was sfrewcd with broken pieces Of the fat or strap
Iaf. T. may well be doubted whether smith I'D not
mIet1le what Teul DOING. These broken
SIR p~ Nlng about the fracA were hatc TO be thrown
uDcn o. By The cars, when pass ug. such piece Of
could not throw y cars oH nor lnpeIe iaeh
motion. Bot 4 that were the case, tic mSchefOus
act Wa one Of sudd'n or. A. least. lmmelttc in-
pulse. II was IernlIs own q. and no other prTsOn
was conC1Ued 1t 10 tIe time. nor before, nor a'.cf-
ward
3 Amos Van yalcn and George Knox rea'c, .he.
ou Sumner afternoon. when they were dnyine
their cows near the railroad ID fhe vicinity Of Gdr
hail. lcy saw Dr.. EhcnCzer Tau,h1m one 1f tic
fcfenCants who resided al Jackson. 40 miles Gst III
rom Marshall, but Who was then a that place,
walking or hc TRACK aac swinging "a piece s.r4p
ron Tor the purpose. as hly supposed. OF knocking
out be wedges. 1hev described the motion Oi The
Dr arm III such manner as 10 leave no doubt that
they mistook hs cane for an IRON bar and is play
ful motion for iToSpass. However that may have
Nceu. the defendant even with an non bar, under
such notion could not 0ave Displaced a wedge
that would not have been shaken out by passing
croIre.
The prosecution dwell upon the burning Of a
culyer cast or Ficy's house june, II, pro, ct by
". =. Stanton. lie ,ayS that he was 40 iillcys,
that Mrs. Flliey came ln and gave the alarm tlat
The cuivert on hre. StautOn and Fitch wen, up
10 see t. Stanton proposed 10 get water and put oUi
itC FIRE. Fitch, with hrs usual smile, fpr hr WAS a
WAYS pleasant 10 me wered YOU VII nave 10
20 out Of ihs town 10 hnd anybody 70 put u out
fch's remark certainly does not show that ne Or
any other person fired the cUlyeT:. II was suggcs
ION naturally arising rom the aggravated Sale Oi
public feeling III thai town, but It proves no previous
know ledge nor design on the part Of Fitch, much
less Of any other defendant. The transaction. now
ever, one capable OF being perverted 10 the rs"
Of the lnlofmers, and 50 noted IN tho diary OF
Phelps aud Lake TO be the subject Of admissions or
declarations made 10y the defendants. Lake says
that Pie pS asked Finley how Il was done. Fllcy
replied, eve can thc Mind blew the rails IN the
CuigcTt and the engine cropped fire upon them" But
Lake informs Us that bley said that the culven was
burned one Ortwo days before ms conversation with
FCy, that ls to say III FEB 81 wheroas the culver;
burned ln June, 80 Phelps stumbled INTO the
same CuOi. lie SAYS " We talked about the cuycr'
MAT was burned Flcy sad The wind blew The
rails into the cuvcrt and the engine set them FIRE,
and Champlin sand If they lived there would be
more OF such accidents" But Phelps speaks Of the
accident rs having occurred while he was gone 10
Niles r March, 81, ana ne locatcSthe burning cut
vert, not at Michigan Centre, IA sight of flley'S
house. but al Leonl four milos distant, where most
certainly oid not occur. These contradictory ad-
missions or declarations leave the Transaction still
more harmless than II was without them, and certain
h. n is -. TO value IN the present case.
g. \ pile OF lumber near the storohOuSC al Micm
gan Centre took FIRE during the last sumner John
d. Dexter testified that hc was m hls room up stairs
n illcys house thai ho heard some one come IN,
as BE thought, barefoot, through the house below,
toward fiuGS bedroom that twenty minutes at
1f he fro h. igIf a and
told Auu that Grants house was fire and that
lilty and he went out 10 see. and Flley turned
round nd sand 1T Is only board Kiln let US so
hack or some OF the railroad sples viii see u.s.
VIM IL Hudson testified that he found naked foot
prints about the bosTd-kiln IN the morning and he
though! they ccuosponcCdlo TO Fhley'S foot Hudson
asked fluey II he burned the lumber. fllcy re-
piled, there shall be 10 fence made u they settle
with me for the land" isaac Mnhlcr saws that
"filloy spoke OF the accident and sand The lumber
took hIc, that he smiled and scented glad OF IT,
| Will not speak OF the danger of conwciine men
upon SnaicS end SfouBss. ana upon inierencc> from
indirect admissions but viii grant. ior the sake al
ugumCut, that iIiley fred the lumber which had
been deposited there 10 build fence, Or the purpose
of obiglRg the Railroad Company 10 pay him for
the land 10 be fenced and then | say that The act
was secret mIsdemeanor IL was his own solitary
act resulting nom his OWN individual impulse, som
mtiiec Tor his own improper purpose oi interest or
Of revenge. without aCCOmphcC, and without con
suilauon or concert with any other defendant. and
therefore excludes all idca OF connection with thc
alleged conspiracy.
.. Jacob WOliyCr describes an attempt 20 ob>truct
The ears near Michigan Centre m September. 30 1
ana Corwln went to Fltchs ward and got old mill
non that was lying thCre We lad the bar u the
reg OF the switch The cars cld not run on Cor
win proposed a.. saying I'VE Will throw them OF
and keep them here tonight" The next morning
fXch SAID you must not take ANYTHING from my
house or they viii suspect me. Take anything else
You can find, but nothing from my house" Corwin
- defendant, and II thus statement Is true, this
irc>pa>> originated n ms own solitary suggestion.
h.. .l.t.,
TrCmCStated even by orNn and WoeYar. FitchS
knowledge of II was acquired the next morng and
30 other doiendan, ever knew II until The iransSc-
tion WAS proved IN tins court. tlichs Tcbuke rs
evidently perverted 10 IMPLY a pleasure IN
such tcpredatlonS but II stands. II ehcclu-
ally d>proveS concert IN The uC>paSs, and that all
Thai Is necessary for The present purpose.
=. An engine. the Rocket, Nas thrown oil ii Nliclu-
WIN lrnier ahnni lhn asil nl N.fnher 81. rman