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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Fitch and Gay admitted that the other was manufactured and delivered for a similar purpose. But I weary you. There are many more such admissions.
" The- trail of the serpent is over them all."
Letus now see whether the narrative of the witnesses harmonizes in all its parts. Phelps
says "tfiat Fitch's object in visiting Detroit,on the 11th of February last, was to get Wells,
Laycock and Caswell out of the way; that Fitch proposed two alternatives for that purpose,
and Phelps offered to execute either. One was to burn the new depot and lay it to "the
boys," and the other was to put counterfeit money on their persons and thus cause them to
be sent to prison." Phelps, when asked why he left Detroit without having executed either
alternative, answered that Fitch told him that Gay had agreed with him to burn the new depot. Thus, then, Gay was to burn the new depot, and lay the crime to "the boys." But Phelps
*had before told us that Fitch remained in Detroit to get rid of "the boys," by enticing them
away, or getting them secure in some way; from which it must be inferred that the burning of the new depot was not to be laid to "the boys." Indeed, Phelps says that Fitch told
him he had a woman staying at Gay's to put money in "the boys" pockets; and that Joe
Dows was to place pencil cases filled with counterfeit money upon their persons and decoy
them to Canada. Thus, the crimes contemplated in bbth alternatives, were to be executed
to get rid of{'the boys;" who, after all, were not to be got rid of by means of these crimes,
but were to be enticed away and persuaded to silence.
Again, Gentlemen, Phelps says that " when a match was shown to him at Michigan Cen tre, in January, he told Fitch and Filley he had seen such a one at Gay's; "Nevertheless
Gay never showed Phelps a match until after the 24th of February. Again, if Fiteh deiv ered to Gay two matches, while in Detroit in February, why did Rot Fitch show them to
Phelps before delivery, and why did not Gay show them to Phelps after receiving them I
Phelps claims that he then enjoyed the unreserved confidence of both, and he says that
Fitch had arranged an interview between himself and Gay.
Again, Phelps says, that "not until February 13th, did he ever hear Fitch mention the
name of Gay. How did it happen then that Fitch expressed no surprise in January, when
Phelps told him he had seen such a match at G.ay's house. Again, Phelps says that Fitch,
at Detroit, said he wanted Phelps to go to Niles, and light up there at the same time Gay
should light up here, and the time appointed was March 4th when Corwin and Pice were
to be tried at Jackson for burning the railroad wood pile. Phelps says that it was after
wards arranged that the trial of Corwin and Pice was to be put over to a future term of the
court, and that the burning of the depot was to be postponed accordingly. Nevertheless,
Phelps says, that on the 4th of March, Corwin, complained of Phelps' delay in burning the
depot at Niles, and Phelps innocently explain to us that he had been delaying it for
Clark the Railroad Agent to come home from Lansing. In the sequel the "boys,
Laycock, Wells, and Caswell, are quite forgotten; Corwin and Rice, altogether forgot ten; Gay altogether forgotten; the new depot at Detroit is altogether forgotten, and on
the 13th of April the depot at Niles is fired without an object or purpose.
Look now,. gentlemen, at the boldness with which disingenousness and falsehood are
confessed, avowed, and justified by Phelps. He says I don't know what I told Filley at
the ball alley I would do with the oxen, probably I invented something for the occasion."
" What I told Corwin about passing counterfeit money was false, Lake and I concerted
it together." "At Detroit I offered to take the proposition, either to burn the depot, or to
put money in the pockets of the boys, and betray them in Canada. This was to make
Fitch believe I was helping him." " I told Price at the ball alley, I could get witnesses
from the neighborhood to impeach Sherman," I told him this on purpose to receive him,"
"I may have told defendants Lemn was a d-d mean man," I pretended to Fitch that
went to Lansing to get relief from unjust imprisonment."' The first time I was in Lansing
I got a northern member to introduce a bill, my real object there was to see Darius Clark.
I got several copies of the report containing the application, and sent them to Michigan
Centre; On my return from Lansing I saw Corwin, and Farnham and told them I was go.
ing to collect money in Detroit for a man in Massachusetts." In the interview with m.
B. Laycock, in January, I told him I wanted to buy Fitch's oxen, and that 1 could sell them
for $140. I said this to deceive Lucock." "Fitch asked me on the night of April 11th,
abeut my claim on the State, I told him I could get about $3,200." Hudson says Phelps
said on the 11th of April that he had a friend in Minnesota, who had graduated with him
and he was going there next week. Phelps says, " I remember telling Fitch that the Gov
of Minesota had written to me about coming out there. My object was to get my money
when I got back from Niles.
Gentlemen, I will present no more of these shameless and boastful confessions of false hood. Permit me, however, to ask,
1. Do you doubt now the correctness of the one hundred and twenty-one witnesses who
impeach Phelps' reputation for truth and veracity.
2. Can you fell me by what rule you can distinguish what part of Phelps' statements you
are to receive as true, and what part to reject as false?
3. We can well enough dispense with Wm. Dyer's testimony, that Phelps told him "it
would be right to put down the Company in Jackson and Washtenaw counties, by false
swearing, if it could not be done without." Phelps virtually admitted that he had said so