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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Let us now look for the whereabouts of Lake. Ebenezer Taylor say3 that he war
a witness in the suit of Freeland and Taylor; that he was returniig on -foot, f'rom
asneighbor's who lived near Penfield's mill, and on the middle road, near the milf,
.he passed a person corresponding in stature and age to Lake, walking westward
with a red bundle which seemed to him like a small trunk tied up in ared hand kerchief. Hethought so because he had such a trunk himnseli. Whether Lake en countered Phelps and received information from him that Filley's house was clear
of strangers or not, it is quite certain that Lake entered the house while Filley was
absent with Kane and Allen at the pond.
Van Renselaer Arnold testifies that he worked with Filley in the woods until
eleven o'clock that day. Filley, at parting, said he should go home to dinner,
and after dinner go to the pond and look at his nets; and told him to come down
at 3 or 4 o'clock and he should have a fish if Filley found any. Kane and Allen tes tify that between 3 and 4 o'clock Filley left them at the pond and returned home.
Arnold says he overtook Filley a few rods from his house with fish, near 4 o'clock
P. M. That Filley went in at the south door, that is, the door of the kitchen, and
he proceeded to the north door, which opened into the barr)cm. While standing
there a stranger came in firom the back door, which opens into the garden, and to wards the ball-alley, and said "how do you do, Mr. Filley? " and Filley replied
'-how do you do, Mr. Lake?" That the stranger then stooped and seemed to take
up, or at least to be raising something, and said "I have a bundle here, I want you
to take care of it while I go up south." Filley went into another room, came back
unlocked the door and told Lake he might put the bundle on or in a barrel, and
Lake put a red bundle into the room and himself locked the door and threw the key
upon the counter before Filley. Arnold received a fish from Filley and went
home. Arnold identifies the day by an entry, made in his day book, of the labor
performed. He has been, with his book under a subpoena, duces tecum, from the
prosecution, and they have not called for the production of the book here. He admits
that he was once in State's prison in New York, but it was thirty-eight years ago.
lHe was pardoned by Gov. Clinton, soon after his conviction, on the discovery that
his conviction was unjust. He has since led. for aught that appears to the contra ry, a blameless life, and he stands unimpeached. Astute counsel perplexed his mem ory about the date when he made a visit afterwards to Brooklyn, but he was abun dantly corroborated as to tte facts of the visit, its purpose, and the occurrences
connected with it. Mrs. Fitch, the widow, corroborates him conclusively by the
statement that she saw him and Filley come together to the house in the afternoon;
that Filley had fish, and she remarked to Mrs. Toll, who was then visiting her, that
it was a pity those fish did not comie before, as they would have had a nice pickerel
for dinner. She identifies the day as the one on which Mrs. Toll, Mrs. Dimmick,
and Mr. Cross were at her house.
Kane and Allen came up from the pond at 5 o'clock and then found Filley at
liome. They went into the ball-alley and were followed by a stranger named LA-x,
whom they had not seen, neither on that day nor ever before.
Harley Woodward, who worked upon a farm of Filley, says that on April 11th,
in pursuance of an appointment made by Filley, he met him, not at his house,
but at his barn, about sunset, with his son and Lake, and went with them to the
pond to fish. After preparing wood for lights and kindling a fire, and when about
to push off, Lake said he would return and he might perhaps want to go away before,
Filley should get back; and Filley said " Here-is the key that unlocks that room.?
Phelps, Lake and Faulkner all agree that Corwin had the key in the evening
and unlocked the door and gave Phelps and Lake the box. It is certainthat1Fley and Corwin did nct meet that afternoon; for Corwin came from Leoni to Mich,
igan Centre that night, while Filley spent the afternoon and evening at the pond
except the interval between 5;'oelocck and sunset, and during that'interval, he was
thereat his Louse. Lakernmust ahave therefore received the key from Filjey at the
pond,- and n-ust haw" -delivered it to Corwin when'he came there at night.
You will Spare me a few moments-o comment upon the exceptions taken to i