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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iga Centre, by the straight middle road, which they struck far East of Beeman's oorers,
and they pursued this road dircctly to Michigan C'entre; that they stopped no where on
the way but at Gager Cady's house; that they did net separate, that they did not go
through the village of Leoni; and that they did not carry with them this match nor any box,
bundle, or baggage of any kind whatever; that they had nothing in their wagon but some
loose straw; that they found Filley at home, told him that they had come prepared to go
to Niles that night; that Filley replied, he was glad of it that they would be ready for
them; that Phelps asked if the boys were there, and on Filley's answering they were not,
Phelps replied, that he would go to Leoni and give them notice, and they might come
down if they pleased; that Plielps returned on the north road to Leoni and proceeded
thence to Grass Lake; that Lake, being ill,after taking some refreshments,laid down, slept
an hour, arose, found Filley in the bar-room, that Filley and himself fixed a pen-stock; that
Filley went to the barn and brought thence this Niles match under his coat,with a box in the
other hand and sent the children out of the barroom. Lake examined the match; that he,
Filley, then put the match in the box, nailed it up, deposited it in the store-room and put
the key in his own pocket; that two young sportsmen came in from Jackson; that Filley sold
one of them afish; that, at sunset,Filley said he must take some persons,who were hanging
about there, a fishing; that Lake attended him to the pond; that he left him there, without
receiving the key from him, returned to the house,and there found Phelps, with Myers,Oor2
win, Fitch, Hudson and Faulkner; and that, after free drinking and many consultations,
Fitch called Corwin to fix them off, and Corwin took the key from his pocket, opened the
door of the store-room, took out that same box,carried it out of the house, put it into Phelps'
and Lake's wagon, and told him it was right side up with care and that Phelps and Lake
departed m one wagon, and Myers and Corwin returned to Leoni in another.
Gentlemen, Phelps had never seen Gager Cady nor his horse. He made no serious effort to buy a horse. He had no use for another horse. Could his visit to Gager Cady,
on that occasion, so far out of the way, have had any other purpose but to mislead ob
serves, concerning the route of his journey toMichigan Centre. It turns out, I dare not say
providentially, to have been the means of disclosing their depraved designs. On
that morning, James Peeler and Clarence HI. Kellogg were drawing timber up the
road leading from Gager Cady's to Grass lake. They met Phelps and Lake, knowine only Phelps. Peeler accosted Phelps, who courteously returned the salutation.
Both Peeler and Kellogg saw an oblong bundle a foot long, six inches deep and
Wx inches wide, tied up in a red handkerchief, lying on the bottom of the wagon,
Peeler asked Kellogg what he thought was in that bundle. Kellogg replied that,if the stranger was a musician, it might be a box of musical instruments; but he believed it contained bogus money, or a contrivance to make it with-a remark most
natural, when you consider that Phelps notoriously pursued the profession of either
a villain or what is called a stool-pigeon.
Israel R. Brown, sexton of the church at Grass Lake saw Peeler and Kellogg arrive at that village between 10 and 11 o'clock,with a load of timber, and he identifies
the day by religious services in the church. Gager Cady was sitting in his wagon
when Phelps drove up at his door. They stopped and conversed on a proposition
for the purchase of a horse. Cady saw something in Phelps' wagon about a foot
long, six inches wide, six inches deep, and tied up in a red handkerchief. James S.
Seacord, who lives at Leoni, had been that morning sent by his employer,Dimmick,
down the Napoleon road to seach for a beatle and wedges, which had been left in
the woods, a mile and a quarter from Leoni, on a road which Phelps and Lake deny
that they traveled, and at a point a quarter of a mile south of the place where they
allege they crossed that road. On coming out of the woods, Seacord saw two men
pass in a one-horse wagon at a distance of three rods, between the lands of Beman on the east and Mills on the west. There, nearly under a sassafras tree, one
of the men alighted, took from the wagon a bundle of oblong shape, about a foot
long, &c. and tied up in a red handkerchief, put it under his arm, got over the fence
into Mills' lot and went off northwesterly across the fields. The other proceeded
on his way in the wagon. Seacord walked up to the distilery and thence to Leoni,
and there saw the same wagon, with the same iron-grey horse fastened at Cuykendall's tavern. He identifies the day by a lawsuit between Freeland and Taylor.
Benjamin Dimmick corroborates Seaord, by saying he sent him on some day in