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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and read here the order of the Court discharging Lester upon the ground of a nole
prosequi, on motion made by the counsel for the people. But even with all this testimony,if it had been received as true,the evidence was insufficient to establish a conspiracy. Wescott attempts to furnish such evidence with directness and effect. To
that end,he says that FiLch,Filley and Corwin called themselves'the Leoni band,' and
when required to state how and in what manner, he says," Fitch called himself, Filley and Corwin the Leoni band;" Filley said, "Leoni against the world;" Fitch
said, he, Corwin, Filley and Williams were banded and conspired together for the
entire destruction of the road, unless they paid for cattle; and Wescott being asked what Corwin said, repeats the same thing in the same words," I, Fitch, Freoeland and Williams are banded together for the entire destruction of the road, unless
they pay for cattle."
Do you not see how admirably this testimony is adapted to the exigencies of the
prosecution? I imagine I hear the counsel, Van Arman say, "Wanted-proof of
a conspiracy." Wescott: "They called themselves the Leoni band." Van Arman:
"Wanted-evidence that Fitch belonged to the Leoni band." Wescott: " Fitch
said he, Filley and Corwin were the Leoni band." Van Armnan: " Wanted-proof
that the band was batnded together." Wescott: "Fitch said' we are banded and
conspired together against the railroad company." Van Arman: "Wanted proof
that the object of the conspiracy was the destruction of the railroad." Wescott:
"Fitch said' we are banded and conspired together for the entire destruction of the
railroad."' Van Arman: "Wanted-evidence of a design to extort money from
the company." Wescott: "Fitch said he meant to make the company pay ahundred thousand dollars." Van Arman: "Wanted-evidence that Williams proposed
to extort money from the company." Wescott: "Williams suggested a proposition
to be made to the railroad company. through Mr. Joy, for five thousand dollars ~
year for five years."
What a solemn ind fearful scene must that have been when these conspirators
threw off the mask-" Leoni against the world!" Where and what was this Leoni? It was a hamlet among the oak-openings of Michigan. What was its magnitude? It consisted of a country tavern, a storehouse, a school-house, a church, and
a dozen bumble tenements. Who were the members of this band? One country
gentleman, one keeper of a tavern and ball-alley, one drinking teamster, one backwoodsman, and one village mason; and they acted their parts with as much boldness, and even more, than the clowns in the interlude in Midsummer Night's Dream.
For when Bottom proposed to act the part of Lion he was overruled, lest he might
roar too loudly, and so "frighten the duchess and the ladies." No such timidity
distinguished the clowns of Leoni. They proclaimed themselves the unterrified"Leoni against the world!"
This testimony is too ludicrous for grave discussion; but if you think it worthy
of consideration, I submit first, that it proves too much in regard to the extent of the
conspiracy. What was wanted, was a conspiracy against the Michigan Central
Railroad; but we have here a conspiracy against all mankind. 2dly. It proves too
little, in regard to the number of the conspirators, for at most there are but five,
which is forty-five less than the whole number of defendants charged. 3dly. It is
too general and too vague, for it does not at all show how this Leoni Band carried
on their wicked warfare against either the world or the Michigan Central.Railroad.
Adieu, Mr. William D. Wescott,
"We know thee to the bottom; from within
Thy shallow centre to the utmost skin."
I pass to other evidence in support of the conspiracy. Here is a letter from Abel
F. Fitch to Mr. Brooks, the Superintendent of the Railroad Company:
"Michigan Centre, Oct. 29, 1849.
"Mr. J. W. BROOKS-Dear Sir:-Almost every day some persons wish to take
passage on the cars at this place, but the trains refuse to stop for them. Yesterday
Mr. G. C. Chatfield, mother and sister, wished to take the cars for Detroit,and gave
the usual signal, but no notice was taken of them. Now, if this policy comes from
you or your legal advisers, as did the insulting half-pay proposition for killing cat