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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of conspiracy. 3. Of alleged meetings, in which nothing was agreed and nothing
conspired and which meetings were never held. 4. Of individual expressions of resentment, passion or revenge, rebutting even a presumption of mutual understanding or concert. The pretence of a conspiracy fails, because what was done was done by those
who did not conspire and who had no knowledge of any conspiracy. What is alleged
to have been contrived in conspiracy never was executed, neither by the conspirators
nor by others, and never came to the knowledge of the actors in what was done.
Only four defendants are proved to have committed criminal acts, and there is
no evidence that they ever conspired to do those acts, much less that they ever
conspired for any ulterior object or purpose. This allegation of a conspiracy then
is foreign frolt the case. The proofs in support of it were admitted on grounds which
have failed. It is a false issue. The issue is not whether felonious crimes have
been committed in Jackson Co., attended by atrocious threats. Crimes have been
committed, but those crimes, whether with or without such threats, belong to the jurisdiction of Jackson Co., and not to yours. An attempt to try the defendants for
them is an act of usurpation. It is an usurpation which can only lead to retaliatory
aggressions of the same character by the people of Jackson county. The conspiracy
again is a false issue, because even if it existed, it would not prove that the defendants
were guilty of the crime of burning the depot at Detroit. If the crime was committedthe defendants must be equally convicted whether there was a conspiracy or not; there
lies the secret of all the difficulties that have attended this trial and of all the delays
that have occurred. You have been trying forty different men for scarcely less than
forty different crimes. The issues were multifarious, the proof confused and the subject of the guilt or innocence of the defendants is involved in innumerable perplexities.
In the history of English and American J-urispondence, there was never such a trial by
Jury. I sincerely hope there may never be another.
Gentlemen there are two classes of defendants, viz. First, those who are charged with
the cr.me of burning the depot at Detroit only through an alleged connection with a pretended
conspiracy. Second, those who, besides that connection are also directly charged with the
crime by pretended admissions of complicity or knowledge. The latter class must abide
your examination of the whole case. I am ready to show you now that the first class are
entitled to be acquitted. There is no eidence at all against Ira Beebe, nor against Rus sel Stone, nor against John W. Welch, nor against Welcome Hill, nor against Wm. Lang,
nor against John Ladue. You will acquit them of course.
Henry Showers, stand up, What, not here! The prosecution have anticipated me by
excusing this defendant from further attendance. Nevertheless you must pass upon his case.
Phelps says that" about the middle of March last I found Showers, Filley, Lake Champlin
and others at Michigan Centre. We talked about my journey to Niles, and about the diffic ulty in burning." Did Showers hear this conversation? If he heard it, yet he said nothing. The Detroit depot was burned in Novemer 1850; the conversation was in March,
1851. You will of course acquit Henry Showers.
Dr. Arba N. Moulton. Hle also does not appear. Jacob Woliver says " Dr. Moulton
and others told me to look out for spit s, for they were watching us." Wells says, " Lay cock told me he borrowed from Moulton the pistol which Caswell received from Fitch."
S, A. Williams says," that at Rome Dr. Moulton told him that he understood there was
a plan to blow up the railroad." Let the Dr. pass.
Jacob Terrill. Young Dexter says that " Terrill advised him and his father to settle up
and clear out. as they were suspected of being spies." You remember that Smith made a a show of proof that Terrill once laid a piece of strap iron on the rail, which, however,
would have done no harm. Your verdict, gentlemen, must be for Terrill.
Wm. S. Warner Phelps says that last March, three months after the Detroit depot was
burned, Warner asked him how railroad stock was and whether it was above par. Another
witness says that on being arrested Warner asked who Phelps was, and said he did not
know him. Be pleased to acquit the defendant Warner.
Benjamin F. Burnet. You see him there,he went across the railroad for a midwife on
the day the Goliab ran off the track, but he has shown that the services of a midwife were
wanted. When his cow was was killed by the engine he said he could recover her full
value, but it would cost him more than it would come to. Acting on a committee to ne gociate with the Railroad Company, he expressed the opinion that their policy was unwise
and unjust I am sure you will discharge Burnet.
Napoleon B. Lemn.' He conducted Barret's case against the Railroad Company.
Phelps thinki that Lemn heard part of the conversation with Filley in the ball alley. on
Christmas- What part? There's the rub. Whatever he may have heard, he said nothing.
If to hear was criminal did it relate backwards and make him responsible for the burning
of a depot in November? Lemn was Corwin's lawyer also, and he sad he said he should
pity the Railroad Company if Coywin was to be convicted of burning the wood pile, that
Coiwin had friends, that the cars would be run off out of sight if Corwin was convicted;