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.

12 aars at the dry mairsh and to get as near the engineer's house as they could." Caswell sked Fitch it the pistols were loaded, and hlie said they were, and told them to shoot light through the engineer's house, and Caswell said that he afterwards tried with a ram rod the pistol which was given him,'and found "it loaded. Ca well'tys,,,Fiteh handed me a rifle pistol in the shed." Lacock and Wells each had a pistol. Fitch wanted us to go out near the marsh and shoot at the engineer. I asked if the pistols were loaded. He said, "ves, with ball." Deloss J. iHolden says that Fitchi once admitted to him, in speak ing of this transaction, that he gave Wells and Lacock pistols, bnt they were loaded with powder only, to frighten people in the cars or on the engine Elizabeth Hargrave says that Lacock told her, in speaking of the complaint against himself, that they had got pi stols or guns out of Fitch's window; that Fitch told theni they could shoot, but they did not shoot." Barnet Culver says that Lacock said, in speaking of some declaratiotis im puted to him, that all he had said was, that Fitch had handed him and two others pistols out of the window and said "shoot'em, damn'em;" but they didn't shoot. Gentlemen, you will take notice that Wells and Caswell, before coming here to testi f, were taken into employment by the R. R. Co., at salaries, I think, of $15 a month, and that Lacock was taken into their set vice at the same time, but was afterwards discharged by the Company and then charged as a defendant in this indictment. You will take notice of another fact. Caswell says the rifle pistol delivered to him is one which Lacock'hgd be fore borrowed of Moulton. Yo'i will remember also that Fitch had been a Captain of dragoons, and that his pistols anid sword were kept always upon the desk containinlg his papers, resting upon the safe m his bedroom. You will now oppose a gainst the evi. dence given by the prosecution, the fiact that Caswell is not only an accomplice taken into favor and reward by the Comipany, but that he stands' self-impeached * Fi st by the manner of giving his testimni'. After giving a sucession of em'ploymients that h'e follow ed, changing, so olten as to prove himself littlc. btter than a v'~grat)t he) said'that he went to cutting grubs fir a darky. Being pressed for a. answer wlho the darky was, he replied, "I have ben folin ni,w, I didn't ctit no grub." He denied i,at he h'd been charged with arson in the pl 1e. -c e e't before c,)ining to Michigani Centie, yet he refused to answer whether he had ni t bee e0itj' d' ou0,a complaint of arson, upoi the ground that it wol(l subeet him to punishment fr l. I uerstoo te Counsel for the People to disavow a ok;nd,ii K i;. j!- v'dnC Anson H. Delamater, than houni the st, t,i s s to me to possess no wvortlier citizen, says that Joshua Wells told himn in June tiat, when speakit,g of this charge, that he did not know anything against Fitch, that he had flsed himsell dead a thousaniid tim es be fore he got into thnis Vcrape. \.. C,air mt,i -i q?t1ii i eetable man, says that Joshua Wells told him, when speaking of t'Lhe attitude in which he stood as a witness to be exam ined, "unless I had come out for the R. R-. Co., I should now be where they are;" that is, in jail under an indictment for burning the depot. Carmer adds: "I said to him I under stand that Fitch requested you to shoot one of the engineers." He said it was not so, and he never thought of it. As for Lacock, the declarations imputed to him are sufficient ly contradicted by the fact that refusing to testify for the R. R. Co. in corroboration of Wells and Caswell, he lost his position in their employment and took his place among the defendants, and "is now where they are-" You are prepared then, I think; td recur with favor to that touching scene in the trial when Amanda Fitch, the adopted daughter of Abel F. Fitch, she of whom he said in the v,ry last words he uttered-"poor dear little Amanda, I had quite forgotten her, remember me to her"-I say you will recall with pleasure the occasion,when that child,of only Jourteenii years, appeared upo,n the stand and gave her account of the transaction of which venal informers have manufaetured a tale so full of horrors. "Mr. Fitch was standing by his desk. Lacock and Wells came to the window which was open. Lacock said. "Fitch, I want to borrow your pistols." Fitch took them down from the desk, wiped them off, and handed them to him. Lacock said, "Fitch, I want some paper." Mr. Fitch asked me "to get some paper,"" and then taking up a piece of newspaper lying by his side, he said "there is some," and handed' it to Lao cock. Lacock and Wells withdrew. Mr. Fitch resumed the examinationof his account book, then laid it by, took up his flute, sat ctown in the sitting-room and remained there until a period too late to allow of the occurrence which is alleged to have taken place in the wood shed." You remember the wotnanlike firmness and sincerity with which this testimony was given. Yon remember how, during nearly half a day, this child baffled the studied arts of the able counsel, in their attempt to entrap her and to involve her in self centradiction. I do not dwell upon the attempt to contradict Amanda Fitch q testilmony of Eu

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Title
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.
Author
Seward, William Henry, 1801-1872.
Canvas
Page 12
Publication
Auburn,: Derby & Miller,
1851.
Subject terms
Michigan Central Railroad Company.

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"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." In the digital collection Making of America Books. https://name.umdl.umich.edu/afu1723.0001.001. University of Michigan Library Digital Collections. Accessed May 23, 2025.
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