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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The other statements are equally false, because Hudson neither saw any such private consultations, nor any such withdrawing from the room, and because the time Fitch
remained there was insufficientfor their occurrence. Phelps admits the statements, as
given by Hudson, concerning th e recovery of his claim at Lansing, and his acquaintance
with the graduate at Minesota. The statement that Fitch told Phelps that the u atch would
not fail, for it had been tried several times, is manifestly false and fabricated, because the
match produced and identified,has been tried,first at Niles,and then here,and has failed; and
it has been demonstrated,philosophically and conclusively,thtat it must fail to the end ofthe
chapter. Again,the statement that'Fitch told Corwin to fire them off,'must be false, because
it has been proved that Lake was in possession of the key of the store room; and, according
to his own statement, he must have obtained the key from Filley. And yet Lake does not
say that he had either given the key to Corwin, or had told Fitch that it was in Corwin's
possession. These falsehoods being exposed, the principle, " falsus in unio, talsus in omitibus," applies again. The coullsel for the people claim,that Plielps' 5tatct iS coliroborated by Faulkner. That corroboration consists in this, that,in a suppressed conv ersation,
will have overheard Corwin saying, " yes, after we get through," and, " I think we can
come it;" that, at another time, Phelps said loudly, "Boys, when I get back fiown Niles,we
will have a time," and Corwin said, "Yes we will tear down Cuykenadall's bar and this too."
Corwin said, "I am willing to pay something in advance," and handed Phelps something.
Phelps said, "This will help pay expenses over the road; all paid in advance, helps like
hell." Fitch came in, afterwards, and three times asked, "Boys, how do you do." and
" What is the news?" that they all went out doors for five minutes and came in again, and
Fitch said to Phelps, "I shall be leady for you, I shall be flush then;" that Corwin said
before Fitch came that "all would be right and money would be flush when Phelps should
get back from Niles. No reliance can be placed on Falkner's statement of these details although it may have been conscientiously made. He was a stranger there and all the persons assembled were unknown to him. Desirous as he may have been to understand and
report truly he was liable to misapprehend the dialogue and confound the persons engaged
in it. It is certain that he mistook some other person for Fitch when they left the room that
night. He says he saw Fitch standing beyond the wagon when the box was put in. Fitch
is proved to have left the party before that time and to have returned home, and
neither Hudson nor even Phelps nor Lake says now pretends that Fitch was at the place assigned himby Falkner on that occasion. We are asked to explain the remarks imputed to
Fitch and Corwin in the recital given of the drunken revel, viz: a psomise "to be flush"
on Phelps' return from Niles and "that Corwin said he was willing to make payment in
advance. We reply that, as to Fitch, it is manifest no such remarks were made by him,
because if heard by Falkner they would equally have been heard by Hudson, and yet Hudson did not hear them. Phelps'part of the dialouge was purposely spoken in a low voice,
except a cle or catchword uttered loddly for the ear of Falkner. The meaning of Corwin
and ]Myers' replies depends altogether upon the nature of the remarks which called them
forth. I see nothing extraordinary in Corwin's contribution to Phelps' expenses, and his
expectations of a revel when Phelps should return, enriched by the receipt cf the 8$3200 to
be obtained fronm the State of Michigan, or by payment from his pretended debtor in Mas sachusetts, or by a fortune to be secured through the partial favor and assistance of his
distinguished friend, the Governor of Minesota.
Gentlemen, it is scarcely necessary to remark that if Phelps' narrative is false, the rela tion given by Lake cannot be true. His concurrence lends no confirmation. There are,
however, cross-readings by these witnesses, which require a moment's notice. Phelps tes tifies that Williams said he should write to the Railroad Company, through an attorney, and
offer to take a thousand dollars a year, for five years, for letting them off. Lake, on the
contrary, attributes this generous proposition to Corwin. When, however, the counsel for
the prosecution indicate the variance, Lake reconciles the conflict by saying he has heard
Williams say the same thing. It is extraordinary that Phelps should have forgotten that
Corwin made the remark, and equa!ly so that Lake had not, in the first instance, placed
the remark to the account of Williams, where it belonged. Lake informs us that Fitch said
on the piazza, atBascom's tavern, in Jackson, that it cost him a cow and twenty-five dollars
to burn the old Depot —— that he had paid fifty dollars to the same man for burning the new
one, and that he was to pay fifty dollars more after it should be burned; "that if we would
burn the Niles Depot, we could have two hundred dollars in money, or the twin oxen
at a hundred and forty dollars and the balance in money. Phelps, who was present, gives
us no snch details of that conversation; but presents the same nefarious statements as av ing been made by Fitch, at the ball alley, on the occasion of his visit there with Wm. B.
Lacock, which occurred before Lake's engagement began. It is manifest, therefore, that
Lake has blunderingly taken from the common diary what was heard Phelps by alone, and
duced it as a confession of Fitch, heard by himself.
lthough Phelps had stated that he was to be paid his expenses in case of a failure to
' the Niles Depot, yet he was leaving the stand without bshowing that he had received
oureven demandedhis expenses. A juror pointed out the incongruity. He immediately
ored, "&They paid me before and after I went about sixty dollars, on account of expenses.