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.

54
Even if they had contributed to hire Gay to commit that crime there must have been
some doubt in their minds whether the fire was not a casual one, Nevertheless,
they are al charged with admissions made with as much certainty and confidence
as if'they had been eye-witnesses and had -actually participated in the transaction.
Bt, gentlemen, what motive had Abel F. Fitchto engage in such a crime? It istothe
credit of his generous nature that. all of these foul and,infamous accusers suggest a mo.
tive, not of avarice, nor of revenge, nor even of retaliation, but of sympathy. Thus Phel's
states that,Fitch said, at his barn, in January last, that I was well aware as hlie that tge
Railroad was a curse to the community, that a number had -leagued to right the wrongs of
the people and that he wished to carry the plan further, and would continue until they
broughtthe company to terms." Sympathy, then, with neighbors, who had lost a feyr cat
tle, was the motive of a man worth ten thousand dollars and more, for a proposition to burn
the depots at a cost of one thousand dollars, at the hazard of his own safety and fortune
and the safety and fortunes of of the neighbors whose cause hehad espoused. Sympathy
with a few obscure men a motive for illumiatin the State with a balefnl conflagration of
all the most useful structures upon its greatest highway!
. And, what was the inducement of Ami Filley? If all the testimony in the case be not
false.he was indeed hostile to the Railroad company, and was a mischievous man. But he
was a man of feeble mind and purile conduct, a mere procurer for other mens pleasures.
H e kept h is b oat on the Lake, and his netts inthefieldstosupplyyourtables wvith fishes and
bir ds, H e kept balls in'his nine-pin alleys, and liquors in his bar, for the recreation and re freshment of visitors. He was never in Detroit nor in Niles,so far asweknow & i cnnterpris
in mischiefreached no farther nor higher than committing annoyances in his own neighbor
hood. When or where did he ever learn that such a wretch as Gay existed in this capital o
elsewhere? As soon would you see a constable leading a revolution, as this bird-catcher
of Leoni, organizing such a conspiracy as this. Corwin's migrations were from Cuyken
dall's tavern, in ILeoni, to Morrison's grocery, in Jackson, a distance of about eight miles
Whenl, where. or how came he to a knowledge of the haunts of crime in this metropolis 7
Daniel Myers. Stand up. There, gentlemen, you see a humble tailor, who follows his shears
in an annual orbit of two miles in diameter, encircling the village of Leoni-as ignorant of
Detroit, its corruptions, and its crimes as you are of the painful frugality by which he lives
Beyond him you see Ebenezer Farnham, a conntry dentist, an early settler in the Genesee
county, who has brought the early settler's habits of occasional intemperance into Michi gan.'He iscrazed when in his cups, and his drunken vagaries are brought here by inform erg, who seduced him into intoxication. Harmless when in that condition he is gentle and
benevolent when in the possession of his senses.
There, gentlemen. is Minor T. Laycock, a country lad of scarce 21, whose simple, good
nature leads him into the sympaties and and griefs of his neighbors, and whose principles
of fidelity and truthfulness, quite too rare even among us, restrain him from saving himself by becoming a mercenary accuser. Eben J. Price and, if you will, Richard, his brother,
are two boys led by oceasional intemperance to join in the disorders of a conitry bar-room,
Andrew J. Freeland is an industrious, hard working farmer, loquacious and perhaps zealous,
in the controversies around him, but harmless in action as he is free in speech. Orlando
D. Williams is a stone mason, civil and quiet, of good behavior when sober, but, like Farnham''falls ometimes into intoxication, and then a braggart and a fool, whos e very extra.
ragance assures that he is harmless. John Ackerson and Aaron Mount are two very poor
farmers, neither of whom has committed an act or spoken a word in the midst of all the excitement by which they have been surrounded. But they were witnesses aganst Phelps, on
his trial for horse stealing, and so they must be made to " feed on the fare" which they premented to him.
Behold here then the conspirators, who it is alleged "made up a purse aud furnished a
machine to the keeper of a city brothel, to burn a depot in the Commercial Capitol, at the
hazzard of the conflagration ef the whole city." Among them all, are only two of whom it
is pretended that they had ever suffered an injury from the Railroad company. Accept the
testimony of Phelps aud Lake and you have evidence, not that both of them said that they
hud seen George W. Gay, but that they confessed they had (!) Reject their testimony and no
one o'fthese defendants is proved to have ever heard of Gay, nor even to have seen the city
in which he is supposed to have kindled that baleful conflagration. Only one of them was
ever convicted of a crime. Gentlemen, if you would secure your dwellings, your store.
houses and your public edifices, if you would live in safety and inpeace.extirpate the crime
that arises within your own walls. Rase to the ground the haunts in which it is born, and
schooled and trained; at least watch them well and closely My word for it, your town and
every dwelling and every edifice in it will stand and endure forever, ifthey wait till the torch
i applied to them by the farmers, mechanics or even by the felons of the rural population
b whom you are surrounded, supported and maintained,
Mark:now, gentlemen, the candor of the accusers and the simplicity of these alleged con t.ors. Phelp, speaking of his pretended interview with Fitch at his barn says -
Pra-ink' (yes I think are the words) there was allusion made to the burningof the dlepI at Detroit He said it had been burnt and could be again." How frank and generous
pot at'