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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UAr meeting of the conspirators, in which it was solemnly resolved to put him to
dath,and that thejob of executing that sentence was put up at auction and sold to the
lowest bidder at $100, the bidder reserving to himself the right to decide on the
manner of execution but being bound to perform it within four days. Wescott
denied that he had put that report in circulation. William Harsha, one of
your most respectable citizens, came upon the stand and offered to testify that Wes cott, referring to the publication, by implication confirmed its truthfulness and its
application to himself. But the rules of evidence, insisted on by the prosecution and
sustained by the court, excluded the testimony.
I proceed to examine the evidence of Wescott, promising you that, in the first
plae, what there is of it that is not contradicted directly or by internal evidence, is
vworthless; and, secondly, that what has any pertinency is thus contradicted. His
testimony is to this effect. that, when he repaired to Michigan Centre, in the fall of
1850, he placed himself on an apparent footing of intimate friendship with the de fendant Fitch; that Fitch, under those circumstances, gave him a narrative of what
L he boys" had done, in 1849; that they had secreted themselves in timbered lands,
then rushed out and obstructed the cars, and after the hand-car had passed before;
that Fitch said "the boys had stoned the cars, had placed strap-iron between the
joints of the rails, and, mockingly said also, that Elder Limbocker and Priest Foster
committed this depredation; that he had remonstrated with them, but they were hard
cases, and would not desist; that in speaking of the accident, which had befallen
the Gazelle, he said the Locomotive got dry, and ran down to the marsh for water;
tlat he had advised the boys not to throw trains off at the dry marsh, as that would
be too bad; that one morning, at sunrise, at Michigan Centre, when the cars were
due, Fitch looked up into the sky, and predicted that they would not arrive till afternoon; that this occurred, as Wescott says, on the day when the cars ran off at
Galesburg, ninety miles distant; that Fitch said he had written to Chicago and had
ordered handbills warning people not to travel on the road, on account of the ob.
-tructions; that this was the only way to bring the Co. to terms, and make them
pay for cattle; that the R. R. Co. had offered a reward for Fitch's detection in comLmitting depredations against the Co.; that, suppose he should be arrested, he could
find witnesses enough in the State, if not min Jacksonr Co.; that they never would
convict him; that Fitch said he would shoot Wescott on the stand, if he should
swear against him; that his friends would do so, if he should be unable to do it
hiaself; that he could prove any thing he wanted; that he had friends who would
stand by him, who were little suspected, and named among them Harry Holcomb,
Col. Delamater, and many others of the most respectable citizens of the county in
avxieh he lived; that he would defy all hell to convict him, and that he could never
Tik witnesses."
So Wescott testified that Filly, when speaking of the accident to the Gazelle,
sad that they had got a big coon but had lost its tail; that the damned railroad had
sued him for timber, that in ten days hlie would make thiem wish that a Fitch or a
-Lily had never been born; that Filly said the Co. had sued him for stealing lumber,
-i[t they wonld want more, for hlie proposed burning the depot at Jackson; that on
the same day Filly proposed to Coiwin to burn the depot there, saying that there
-velre shavings around it which would make it easy.
Thus far the admissions or declarations proved by Weseott, if they have been
made, are valueless, for they show nothing more than feelings of hostility on the
tt of Fitch, and of passion and hatred on the part of Filley. They show no
Connection of both of those defendants with any trespasses which were actually
comitted, nor any connection between those defendants themselves; still more, no
eanection between either or both of those persons and the other defendants.
i pass to some more material statements of Wescott. He says that at Barrett's lawsuit Fitch was active in behalf of Barrett, as a volunteer. Fitch, in fact, attended as a
,witnes, and as this is a free country, Fitch had a right to give in evidence facts within
his own knowledge, and even to utter his opinions on the merits of that controoversy,
and to express his own sympathies with either party. Wescott represents that Fitch
Xldhim then, that "he would like to take him into the lodge that night; that there