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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the Detroit match, all the paper tubes and all the cotton necessarily surrounding them,
just as they were when the instrument was found. Now you see me me apply a light ed Lucifer match to the cotton, and it remains unburned.
It then the alledged admissions were made, the verdict must nevertheless be for the de fendants, beeause the fact admitted was impossible. The admissions are of no more
worth than would be admissions made by the same parties, under the same circumstances
and with the same solemnity, that they bnrned the depot at Detroit by setting it on fire
with a fragment of an iceberg. Thus it has been proved, that the match, with which the
Depot is alleged to have been burned, is a humbug, and that theduplicate matches, produ ced to give effect to the tale of the witnesses, are duplicates of'Ihe same hum-ug 1 It is
immaterial whether the defendants made the admissions, for the purpose of imposing
upon the credulity of the witnesses, or whether the admissions themselves were fabricated
by the witnesses, The conclusion is irresistible that the defendants are not guilty under
this indictment.
The answer of the prosecution to this distinct defence is given by Dr. Desnoyer. After
faithfully trying to make an effective instrument, with the materials of wood, paper, twine,
cotton,varnish,camphene and shoemaker's wax,according to the descriptions and to the dup licate models, he pronounces that it is impossible. Thus he corroborates and establishes the
demonstration we have made. But, after arriving at this result, he was instructed to use
other materials at pleasure, and at all events to produce an instrument in the sameform
which would be effective. After a fortnight of laborious experiments, the Dr. produced
an instrument which was partially successful. Instead of varnish, for coating the cen tral tube, he employed glue, which, all know, is soluble in water and yet not soluble in cam
pihene or in turpentine. Having coated the central tube with glue, he made it retain
the camphene for a longer period than when coated with varnish. Next, he saturated
cotton with a solution of saltpetre, and thus, of course, produced a low quality of gun cot toea, and used it in making the trains. Unprepared cotton will not convey fire through a
tube. Gun cotton will, and thus, by the use of that material, the Doctor has made an in strument, in form resembling the machines exhibited here, which will convey a flame from
the ~usehole through the instruments. Our reply to this evidenceis, (1.) That, even if the
Doctor's instrument was identical with the supposed match of the defendants, still the eX periment would be a failure, because the utmost length of time to which he could pro
tract the burning of the train, in the instrument, was one hour and ten minutes; whereas,
it is required that the match should retain the fire not less than seven hours and a half.
This is skill beyond the Doctor's art. What.has been done once can be done again What
was done by the clowns of Leoni can be done by the science of Detroit. But Dr. Des-'
noyer cannot do it. Counsel say,hlie said that he thought that his new match could be
perfected so as to burn several hours. I was not here when he testified, but I am in structed to deny it. Yo?n will decide. But whatever he may have said, the result of his
experiment is afact, is evidence. What he speculated, beyond that, is not a fact, is not
evidence.
(2.) His match is not identical with that of the defendants and differs from it in the use
cf the materials, glue and tun cotton or saltpetre. It differs altogether from it in princl ple, because glue is snsoluble in camphene. while varnihh is soluble therein, and because
saltpetre, like powder, of which it forms an essential element, is explosive, and conveys
fre by percussion, while cotton, whether saturated with caniphene or not, is not explosive,
and transmits fire only by contact of the particles. Saltpetre is moreover highly charged with oxygen, the element of combu6stion. The unprepared cotton, or cotton unsaturated with camphene, is less highly charged with oxygen. It was varnish and not glue
that was demanded by the descriptien given. It is simple unprepared cotton that is demanded by the description. It is varnish and unprepared cotton, alone, that are actually
found in this match, which is claimed to have fired the Niles Depot, and in this one, which
was to have fired the new Detroit Depot
Again, the Doctor's experiment was not tried with the same conditions. The supposed
match of the defendants burned when lying horizontally; the Doctor's match lay in an angular position with the funnel upwards. If a defendant was alleged to have admitted
that he killed another, with a certain gun which he exhibited, and if that admission Fould
be proved to be false. because the gun was not loaded, the case could not be restored by'
producing a whole magazine of guns, and showing that they could'be loaded -And mLade
destructive. The answer of the prosecution, then, to this aefence, is an atthought, a
new invention, a subterfuge. It is a studied, deliberate fraud. The profsecu El endeavors
to escape, by. saying, that the cotton in the Niles match might have been saturatedwith