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.
55 was it in Fitch to repose such confidence in a man whom he had caused, five years before, to, be consigned to the State Prison! How probable it is, too. that a country gentlenman, having five Railroad depots to burn, would organize a joint stock company of forty share-holders with a capitol of $950, to execute the enterprise! How very probable that such a person, would appoint a meeting of the incendiary with the stockholders, on the occasion of apublic shooting, match at a ball alley on Christmas! How natural it was in that samne country gen tleman to show his machine tor burning the depots to the incendiary, who had not yet accepted his proposition, and was cheapening the twin oxen which were to be received by him in payment. When that same country gentleman met the incendiary, by appointnt,me in De~troit, to consult upon the enterprse of burning the new depot in that city, howadmirably fie'selected the place for consultation-the trunk table in the car-house, among — the newly arrived passengers, the conductors and baggage men, laborers and spies of the corporation whose depot was to be destroyed. How kind it was on the part of Fitch instead 6fsending Phelps to Gay's house, on a rainy day in February, to cousult about the crime, to appoint the interview between them, just around the corner at Savinac's saloon' on. the most public wharf in the city. It nes-ei occurred to Fitch that although he might hire, five depots to be burned for a thousand dollars, that he would thereby pledge his whole es-. tate and all future aquisitions in security against betrayal by his accomplices. But it is re-. plied that Fitch supposed he had control of the police authorities of Jackson county, and a sure reliance on the affections of its whole people. What security could all these afford, against-indictments which must be presented, not in Jackson county alone, but iu Wayne. Calhoun and Berrien -counties. The learned counsel reply that Fitch was prepared to. make away with the witnesses against him. Is there any man so simple as not to know that assassination of many witnesses is not the surest way of securing the verdict of a jury?-, But PheIps replies that Fitch promised him to procure a change of venue. Ah! there IF detect tile lawyer in his fraud. Pheips was familiar with those terms; F itch, ignorant of courts, probably never heard of a change of venue in all his life. Again, how nicely the tone and spirit of' Fitch's reported conversations are in keeping with his known character and disposition. "We are preparing to give Detroit another touch.' They are buildinganother depot and I design to burn it as soon as it is up; I don't care a damn who it kills if it be the Governor of the State.' -It will give the State a luminous appearance to light it, up at both ends "'- If detected you had better dig your graves before you go." Consider now how happily i iteh chose the place for the final departure of the incendiaries to Niles! Not his own barn, not one of the many private chambers in his own houses but the open, public bar-room in a tavern! Consider, too, the occasion and the circumstances;. a drunken revel, in the presence of'wo well known neighbors not accomplices, and a traveler, who, like himself, refrained from the cup and read newspapers. Mark, too, the caution and economy manifested in the direction for the use of the match —"You will have to get camnphene out there.";Yes, to get the camphene to burn the depot at Niles. in the town of Niles! I ask you next, gentlemen, to examine the alleged admissions in detail. They are allI coin of the same die, whether related by Phelps or Lake. Phelps-"Fitch said it cost him a cow and $25 to burn the old depot." Lake —Fitch said he had paid $50 to a man to burn the new depot, and was to pay $ 5(' more when it was burned." Phelps-'eCorwin told me his contribution towards burning the old depot was $12," Lake-' Filley said he had paid $30 of the $150 for burning the old depot." Phelps —'Erastus Champlin said a purse had been raised to pay for the burning of the de pot last fall." Lake — Fitch said Lacock knew that a purse of $150 had been raised for burning the de — pot last fall, but did not know to whom it was paid." Phelps-"Fitch said if I succeeded in burning the depot at Niles, I might take the oxen and the balance ofthe money when I came back." Lake-"O. D. Williams said his share of the fund was $17, and afterwards said it was: $20.' Phelps —"Freeland said he had paid $14 to Fitch, his share for burning the depet lastfall.". Lake-"Aaron Mount said he had known Gay from a child; we raised a purse and sent it down to him to burn the depot at Detroit, and he burned it so quick we hardly knew it'" Lake —"Freeland said he had paid his share to Fitch towards burning the depot, and Fitch had paid it over to a man in Detroit." Phelps-"E. Champlin said a purse has been raised to burn the depot at Detroit again.'i Lake- -Williams said at Leoni that the best thing they did was the burning of the depot at Detroit; but they got no credit for it.". Phelps-"Myers said on the way to Michigan Centre that the burning of the depot at Detroit was done so nicely.that they did not suspect any thing. and therefore we got no credit.. for it." Lake-'Farnham said it was done so slick that they got no credit for it, and were neversuspected." 0
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- Title
- 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.
- Author
- Seward, William Henry, 1801-1872.
- Canvas
- Page 55
- Publication
- Auburn,: Derby & Miller,
- 1851.
- Subject terms
- Michigan Central Railroad Company.
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- Making of America Books
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"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." In the digital collection Making of America Books. https://name.umdl.umich.edu/afu1723.0001.001. University of Michigan Library Digital Collections. Accessed May 23, 2025.