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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ftor he stated that under some circumstances he might have made that remark, althongh he
denied any recollection of the person to whom the remark was made,
It is my duty in the next place to show you that the narrative of Phelps is in many es sential'poinis, absolutely contradicted.
1. Phelps says he saw Fitch iv Jackson the day before Christmas, and'he thinks thatit
was monday; that he then ag to gonext day, and did. o next day, toMichigan Cen tre, to see the boys, and it way Christmas. It is shown by A:!.Delamater, Jobn Delamater
Amanlda Fitch,and Harry Holcomb,,thatFichwas,notat Jackson' on'.the day thfusdesignated.
2. Phelps says that Fitch's.visit at Detroit, on.February 1'3th:, was cIoncerted by appoint-'
ment between him and Phelps. He requires us also to believe.,that he was expected by
Fitch at Detroit. The facts are that Fitch went to Detroit under an engagement with Vic tory Collier. and was waiting'there for Israel R. Brown. Phelps' statement'that Fitch
conversed with him half an hour on the trunk table in the depot, is contradicted by Delos
J. Holden, who having arrived on ihat occasion with Phelps went'to Johnsoi's hotel iMre7,,
diately, and found Fitch, and staid with him at that place.. SIr. Shealy, who was called to
suppbrt Phelps' account of his interview with Fitch in the street, on the occasion when
Fitch directed him where to find Gay, deprives that circumstance of all sinister elffecta,i.
You remember that Phelps says that Fitch asked him if he had got his fish, anrd hie an swered "no;"' that Fitch replied he would find some round the cornerspointing towards Sav anack's grocery; and Phelps says that on going there he found Gay. But.'aceording to Shpay,.
the dialogue was thus: (Fitch) "Have you not gone home yet?" (Phelps) " No, I have
not got my fish yet." (Fitch) "You will find some round the corner." G.sW. Brown tes tifies tat he put the same question to Fitch, received the same answer, and obtained
fish at-the place designated. Phelps admits that he did inform Fitch, in Detroit, that he
wanted to procure fish and other provisions for supplies on a job of grading the Railroad.
The remnant of a barrel of fish was found on Phelps' premises, on his departure from Syl van.'1'hus much for a trivial circumstance, light as air, which suspicion and fraud have.
magnified into'- confirmation strong as proof from holy writ." You have already the fact. -
that Willard Champlin was absent from Grandison Filley's whea Phelps charges him
with an admission implying guilty knowledge of the burning the depot. 1 have
have recited Phelp's narrative of a plot contrived by Williams, E. J. Prifr',e, Freeland
and Corwin. Phelps fixes the scene and the time at Cuykendall's, on the day when Freesland and Corwin changed horses- and says that the wicked consultation was broken up by.
Nathan High, who came up and asked what the privacy was. Nathan High says that he
broke up such a conversation neither then nor at any other time. Benjamin Stid proves
that Phelps was not at Coyklendall's on that occasion. Phelps relates a conversation on the
first Tuesday in March. between himself, Fitch and Lake, concerning a proposed branch
load from Jackson to Adrian; and alleges that Fitch said that "the Michigan Central RailRoad would be worth nothing;" that they "wo.eld keep tearing up the track, and so keep
the travel off from it." Lake recites the conversation, omitting altogether the essential part
about the Michigan Centralt Railroad. Phelps' numerous statements of admirsions, by
Fitch, of having or making counterfeitmoney, are manifestly false. It may wall be doubtted whether any man in easy circumstances ever engaged in that despicable manuifacture
or traffic. The police have searched every part of Fitch's house and priemises in vain
although his arrest was sudden and unforeseen.
Phelps says that, in January last on the occasion when he went to Michigan Centre with William B. Lacock, he found Fitch with Filley and Ackerson in the ball
alley, and that there Fitch discussed with him the plan to prosecute Lacock and
said it was a good plan if stuck to and said the rule among them was, if a man turn-_
ed traitor, to shoot him on the stand, but that Miner was a weak kind of a boy and.
the state prison would do for him; that they then spoke of burning the depot at Niles.
Fitch said he "should charge $160 for the twin oxen and would pay the balances
$40, in money; tha. it cost him a cow and $25 for burning the old depot; that the
match to be furnished had never failed and it never would; there was no danger of
failure. It was in that conversation also that Phelps represents Fitch as saying
that they had prepared the match there and sent it to a man in the city and paid
him $150 for burning the depot; that it was constructed so as to burn a given time
and he gave instructions about it; that it had been used at Detroit as directed, and
that, when it burst out, it spread so rapidly that all the water of the river could nver extinguish it. He represents Fitch as saying on that occasion, still further that
they had injured the Company half a million of dollars during the first year and
would double that sum in the ensuing year; that they were going to burn the new
depot as soon as it was finished; that they had warned the people not to ride over
the road,and,as they knew better,he didn't care a damn who was killed if it was the
Governor of the State; that in case he should get into difficulty in burning the Niles