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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-occasion; Filley's aileged visit to him, after he had gone; Champlia's conversation with
Sherman, warning him of the dangers of infidelity. the alleged threats of Williams, Cor win, Price, and others against Westcott; Williams' assault upon Holmes; Fitch's alleged
aemark, as proved by Caswell, that if Sherman had betrayed him, as he had the boys, he
he wouldl like to feel his knife about his ribs; the threats against Westcott on the occasion
of Gleason's visit to the Centre; and threats by Williams and others that they would killa
spy as soon as they would a dog, a bear, or a masassauger.
In regard to this class of evidence you will remember, gentlemen, in the first place,
that it is by exaggerating the danger they incur in the cause of the Railroad,that these "mis.
creants" expect to gain greater confidence and higher rewards. In the next place, all
these threats and demonstrations were such as would naturally occur when such spies
were employed; and there is no necessi y to look for any motive, other than indignation,
and the desire of safety on the part of the parties watched, whether they were innocent
or guilty Remember these spies, how they abounded like the locusts-how they way laid suspected men by day and by night, in the open streets, or concealed by hedges, how
they sat disguised at their tables, lurked under windows, under the bed, under the floor.how no one living at Mich, Centre could enter or depart from his own door without danger
of stumbling over them. Yon will easily imagine the apprehension, and fear and indig nation which such an unlawful and self constituted police would awaken. Answer
then, whether it is not wonderful that although this state of things continued in so rude
a society six months, yet no life was sacrificed, no limb broken, and with the exception
of the injury committed by Williams upon Holmes in a drunken revel, no violence was
committed. It is immaterial, for our present purpose whether testimony of this description be true or false; if true, it is accounted for on a principle different from that of a
conspiracy; and if false, it may be dismissed at or,ce from consideration.
I remark, however, in regard to all these alleged dtclararions and admissions that the
testimony bears the unequivocal impress of fraud and fabrication. A conspiracy was to be
proved. That was essential in the case. What else was indicated by Westcott's remark
to Taylor, that a web would be wound around Fitch, which would drag him to States
Prison? What else was meant by Phelps' remark to his wife at Laycock's house, that
"if Westcott would do as he agreefl, he would come a good drive over Fitch." What
could it mean but that Westcott and his associates should frame and fabricate the evidence
of a conspsiracy to connect the trespasses at Leoni with the all, ged arson of the depot
at Detroit. The task of forging this conspiracy was assigned to Westcott, while it devolved on Van Arman to polish it. The akledged admissions are all in the
language and idiom of the witnesses who proved them. Westcott is facetious, and so
Fitch, who was a grave man, is made to ridicule the clergymen of his town. Westcottl
is grandiloquent, and so, not only Fitch and Filley, but even Corwin and Williams utter
rant and bombast. Phelps is classical as Lucifer ard so both Fitch, (who was not a literary man) and Filley (who was a fisherman) speak in heroics. We have vowed, says
Fitch, that "no cars shall pass without doing homage to Michigan Centre," and Filley says,
"if you will burn the depot at Niles, Fitch will give you his wife or his oxen." When Henry Brown, the negro, reports an admission, it is in the idiom of his own degraded cast and
race. He said "he didu't and couldn't have no sympathy with the R, R." When Cas.
well and Woliver testify to like admissions, they come out in the shape of abrupt and pros
faned oaths; but when Mark English and Charles Rogers are reporters, the language is
chaste and subdued.
Gentlemen, from the days of the Grecian oracles down to those of the RochesterRappings, there have been those who have reported communications with departed spirits.
I have always observed that the ghosts addressed were learned min the languages of the
conjurors. So that if th6se who were gathered together on the day of Pentecost, should
be summoned, all of that shadowy host, whether Jews or Greeks, or Romans, or men of
Crete or of Cyrene would respond in the vernacular tongue of him who addressed them.
These alleged declarations and admissions by the defendants, betray the same accomodation to the witnesses who report them.
One remark more. These pretended admissions of plans and plots and conspiracies
are manifestly false, because no such plan, plot, or conspiracy has ever been developed.
We are asked to believe there was a plot to burn four depots. No dep,t was ever
burned: a conspiracy to destroy a hundred and fifty lives; no life was ever destroyed. The
question of the existence of the cnspiracy then stands thus: 1st. The evidence consats of overt acts committed by persons unknown and without explanation; 2d, of overt
acts with explanations, of the attendant circumstances, which altogether exclude the idea
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