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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first rate man and his wife, who would swear that Boyce told them, before the depot
vuas burned that he was going to burn it, and that after the fire he told them that he hadt
burned it. A token, a visible token, a sign was necessary to give plausibility to this plot.
Why, a token? On the principle that the Jews demanded of the Saviour "a sign." On
the principle laid down by Horace, in his instructions upon invention,
Segius irritant animos demissa per aures,
Quam quee sunt oculuis subjecta fidelibus.*
A match like thatwith which a depot might have been destroyed,upon the theory adopted,
was just ths token wanted. The more curious,the more vulgar,the more terrible the contrivance,the better. Mark, now, that Phelps and Lake spoke of matches long before they were
ever seen by themselves or by anybody else. Phelps says that Gay told him "of a
match in his first interview in December, while the ashes of the Depot were yet smoking, and said he fired the Depot by placing the match in the cupola, at eight o'clock."'
As yet, Phelps shows nomatlch. Again,Phelps says that Filly on Christmas,at the ball alley
in Michigan Centre,said they "had made a match, and had sent it to a man in Detroit, with
instructions to place it in the cupola, and that it was placed there, and went off first rate.'
Phelps relates further that Filly described the mnatch on that occasion, with great
particularity. But remember that Phelps, as yet, neither produces a mat.:h, nor claims,
to have seen one. Phelps again says that about the sixteenth of January, when he
went with Win. B. Lacock to the ballalley, Fitch described the manner in which
the match was made, and said that it was sent to a man in Detroit, and that then
Fitch took him into the store-room of Filly's bar-room, and showed him a match, saying he
would give him such an one to go to Niles. Phelps says that, afterwards, Filly showed his
the same match, at the same place,but fixes no day. Nevertheless, as yet,Phelps producea
no match. Again, Phelps says,that on February the 13th,Fitch, at Detroit, told hi thlat.
"he had given two matches to Gay, similar to the one with which he bunied the oldc
Depot, and that Gay, on the same day, told Phelps that he had received from the man
then in town, who delivered the first match, two matches like it to burn the new Depot
with. Still Phelps shows us no matches. Remember, now, that on the 24th of Febraary, Phelps had employed Lake to assist him in his alleged service of the Railroad
Company, and that on that day he, with Lake, visited Gay, and that Gay then, in a.
upper bedroom, showed him a match; but, as yet, Phelps and Lake exhibit no match to,
any one. Mark, now, that after Lake has been employed, and not before, Phelps, by thee
hands of Lake, borrows from Moses Metcalf, a near neighbor, augers exactly adapted to the bores or tubes of both the matches p)roduced in evidence. Here they are s
this five- quarter auger, you see, just fits this, the large tube, and this, half inch
auger, just fits the smaller one. [Mr. Seward inserted the augers in the tubes.i
Phelps withdraws his wife from their home, leaving Lake sole tenant of his house.
Moses Metcalf calls at Phelps' house; finds the door closed and and the thumb-piece
of the latch removed; knocks and Lake, partially opening the door and looking outs
like a fox from his hole, receives and answers his inquiries, and closes it again
About the same time, Heber Cowden, during the absence of Phelps and his wife,,
knocks at the door, the thumb-piece being again out. He is admitted, and finds a.
stranger, answering to the description of Lake, using augers, saws, planes, blocks of
wood and a basket of shavings. Remember that all these mysterious things oceurred about the last of March or in the first week in April, and that although Phelp,.
pretends to have seen matches during three months before and to have had a de-.
scription of them, yet he had never been able to exhibit a match to his employ..
ers, nor to any other person.
You will next take notice that cattle guards made of such lumber are found all along
the Railroad, near to ana passing immediately by Phelps' house-that he had the freedom
of obtaining and of using the refuse lumber of the Railroad, for fuel or other purposes,wit!x
free access and facilities to the lumber yards of the Railroad Co., by whom he was employ ed,and to all its shops and manufactories. Remember next, that Phelps left the premme,
he had before occupied on the 1st of April-that on the 1st of July, on a search made in
the stable on these premises, then in the possession of Alfred Metcalf, there was
found concealed under the decaying hay, in the manger, a broken piece of cattle guard,
which Alfred Metcalf, the new tenant, proved had not been placed there bs him
selfl Judging from the appearance it then presented to a dozen neighboring farmers,
What we hear fover 8 o than what we oee.