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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I separate these alleged confessions of Smith from other evidence of the same
class, and leaving Smith's Counsel to answer for him so far as they relate to himself;
I remark upon them only in relation to the defendants. If Phelps enjoyed the unlimversal confidence of Fitch during his visit here in February, and if Fitch had one or
more interviews wiih Smith, then why could not those interviews be proved. Fitch
was at Johnson's hotel, and Smith at the Pantheon near by. No private interviews
could be held in places so public. Phelps having the confidence of both, and desiring to circumvent both, could have brought them together without being suspected
by either.
Again, Gentlemen, the allegations of Smith, like those of Gay, are to be rejected
boause they are of the past, and not a part of the transactions which they descrenbed.
The learned District Attorney, however, has relieved me from the necessity of
discussing further the alleged confessions of Smith. That gentleman advises and
solicits you to acquit Smith. The evidence against Smith consists of the admissions
which I have cited, and those admissions are proved by the same Phelps and Lake
who prove admissions against the other defendants; nay, Smith's admissions are a
part of the evidence against the other defendants. On what ground, then, does the
District Attorney advise the acquital of Smith? Certainly, not on the ground that
Smith's admitted agency in the crime of burning the depot was trivial or harmless.
On the contrary, he was in the city and admits that he aided and abetted Gay in the
very act. He alone, then, of all the defendants, ought to be convicted under the
first count in the indictment as a principal in the crime; nor does the District Attor ney ask the acquittal of Mr. Smith on the ground that the evidence given against him
by Phelps and Lake is false.
On the contrary, if the evidence ofthose witnesses against Smibh is false, then their
evidence against the other defendants is false. But the District Attorney declares
that he advises the acquittal of Smith on the ground that Smith's admissions as
proved by Phelps and Lake are false. The District Attorney pleads for him, that
under the seduction of Phelps he confessed participation in a crime of which he had
no knowledge. Were then his allegations against Fitch true, whilst his admissions
against himself were false? No; the whole, of course, were false. When I heard
the District Attorney submit this extraordinary proposition, I thanked God and took
courage. It revealed the secret ofthis entire prosecution. It showed that Smith had
been fraudulently made a defendant that he might utter, without oath,false -allegations
to convict the defendants at Michigan Centre, under an assurance that he should be
acquitted himseif. And now, Gentlemen, since Smith's allegations are admitted to
be false, are Gay's averments made under the same circumstances true? Smith was,
indeed, degraded and debased. If Smith was seduced so easily by Phelps, Gay had
even less virtue to resist his seduction. I declare, Gentlemen, my profound convic -
tion that the whole prosecution was conceived in fraud; that George W. Gay never
burned the depot; that he and Smith falsely accused themselves of that crime un der a promise of Phelps to share in the reward of a conviction of the defendants in
Leoni; and that Gay, if he had lived to go through a trial' and conviction, would
have been recommended for a pardon, and would have shared that reward. No, no,
Mr. District Attorney! No, no, most learned Counsel of Ten, that game cannot be
played out. I do not say, nor believe, that the defendant Smith is guilty under this in dictment, but I do say thai if any are guilty he is the guiltiest of all. If any one here
shall be convicted, he must be convicted first and surest of all. More than this I
say that-if there is honesty in Michigan, he will be the last of all the offenders to.
be pardoned.
Phelps and Lake, either jointly or severally, charge the following defendants with
admiss'ions of some agency in procuring Gay to burn the depot, viz., Abel F. Fitch,
Ammi Filly, Wm. Corwin, Daniel Myers, Ebenezer Farnbham, Minor T. Lacock,
Wm. Champlin, Eben J. Price, Aaron Mount, Andrew J. Freeland, O. D. Williams
and John Acekerson. Only two are alleged to have admitted any personal acquaint ance with Gay. All were seventy miles firom Detroit when the;depot was burned
and could have had no actual knowledge of the manner in which it was burned. —