Argument of William H. Seward, in defence of Abel F. Fitch and others, under an indictment for arson, delivered at Detroit, on the 12th, 13th and 15th days of September, 1851.: Phonographically reported by T. C. Leland.

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with wonderful pase se dluctibn.) "We went beyond Fitch's garden and there threw
stones. We heard glass isttle and I found glass there the next day. The transaction is
subject to the strictures before made.
14. An engine, the Goliah, was thrown off the track at Leoni. Shearman states that
'Corwin said when the Goliah was thrown off he went home fearing it hadn't been done
up right, but by morning he found it had been done up brown." H. H. Bingham says
that he was travelling from Michigan Centre to Grass Lake that night; two men passed
him in a wagon. One of them spoke to the other about being too late for the cars. He
recognized Cerwin's voice. He thought the voice of the other was Williams, but feigned..
He reeognized the person of neither." If it were Williams and he spoke with a feigned voice, then the voice must have been unlike his; so, if the voice was unlike that of
Williams, then it furnishes no evidence that Williams was the person who spoke. Williams is not proved to have been present at the throwing off of the Goliah or to have had
any connection with it. Corwin's action rests on his alleged admission. This, like his
other crimes,was his own, and fails to cast any responsibility on the other defendants and
equally fails in giving support to the alleged conspiracy
14. One of the most important incidents in this strange and painful history is theburmning
of the wood pile at Michigan Centre. Shearman relates it thus, "I was at Jackson. Corwin and Holcomb were at Morrison's grocery. They told me they had laid a plan to get
some flour; that perhaps I might not fall in with them, but if I did not I must keep still
We will go to. night and take three barrels of flour from the cars. We willset the wood
pile on fire to divert the spies aud take the flour while the fire is burning." The three
then returned to Leoni. Holcomb and Sherman put up Corwin's horses while he went
and examined the cars. "Corwin came back and said it was all right. One of the doors
of the cars was half open. E. J. Price afterwards came up. Price proposed to drink.
They drank at Filley's. Filley asked me if I was going a fishing. I said yes. Corwia
got an axe. Price said he hadn't the first damn'd thing to fight with. Filley handed him a
ln'and said he hoped they would have good luck and if they should want anything to
drink when they came back there was a bottle, and, if that was not enough, they knew
where the key was. Corwin, Price anfd Sherman set the wood-pile on fire and were arrested in pursuance of an arrangement pre-concerted by Shearman with the agents of the
R. R. Co., Sherman added that on their way to Michigan Centre, he asked what they
were going to do with the flour Corwin said,as biga man as Fitch is I'd as soon let him
know it as not. He will keep me along"with it and out of j"ite2-';.
I exclude for the present, for an obvious reason, the evidence of Phelps, involving admissions alleged to have been made by Fitch and other defendants, all interested in
screening Corwin fromthis crime. That will come up more properly in another part ot
the case. Standing then upon the testimony of Sherman alone, it is apparent that this.
crime was Corwin s, and his only; that it was conceived by him, for his own felonious
gain. Holcomb and Wells are not defendants. P ice went into it on a suggestion at
the moment. There is no reason to suppose that Filly knew Corwin's purpose, except
what is found in the suggestion of Price, that it might be necessary to fght. I- do not
know whether fishing at Michigan Centre, in those times when Rail Road spies abounded
was supposed to require those who practised it to go armed, though I can well under
stand that they may habitually visit a tavern on their way out and on their return. But
if Filly's remark connected him with the transaction, then the crime rests with him,
Price and Corwin. It was unconcerted. No other defendant was consulted, nor wasit
connected with any other crime before or afterwards. Corwin's remark, that he would
not be afraid to let Fitch know it, might lead to an unfavorable opinion of Fitch's integnaty, but nothing more, But it may have been presumptuous on the part of Corwin. —It manifestly proves, in the most conclusive manner, that Fitch had no knowledge of the
inteuded crime, and therefore places the transaction out the of evidence in support ol
the conspiracy.
16. The " Gazelle" engine was thrown off the track near the dry marsh at Mich. Centre,
Aug. 20th, 1850. Wolevar, as usual, was hero and historian. "I was at Price's haying for
Filly. Filly came up and proposed to throw the cars off." (Of course, he did.} " We
took an iron bar from Penfield's saw-mill, and an axe from Price's-Filly, the two Prices
and myself. We broke the chairs, moved the track aside, and threw off the western
train instead of the eastern. I went back to Price's. They said no matter how many
were killed. Damn you, don't you say a word about it." This transaction, then, if Wolevar is to be believed, was suggested by Filly, adopted by the two Prices and Wolevar.
and executed by them all within the space of two hours from its suggestion. Only three
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