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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Of this sum, Fitchl pail me eight half dollars, two gold dollars and one quarter etgle, ma~ng eight dollars andl filty cents, besides seven dollars paid Lake by Williams, on the same
account. Lake, on the colltrary, says that neither Williams nor any other person ever paip
anything to him on accounlt of expelnses, nor to hisknowledge was anything ever paid to
Phelps on that account. lIe says further that he was present,when the cight dollars and a half
was delivered anit received as spurious, and that it was infact counterfeit coin. It will
not surprise you, Gentlemen, to find that Phelps and Lake harmonize ini their account of
Farnham's infernal machine, which they saw at his gate, wheoe there was no other witness
present, in tile night time, when none but they and such as they could see anything. Nevertheless, it is strange that the engineer, who fabricated the matches produced here with
such profound philosophical knowledge and exquisite skill, calnnot describe the iiiode of
operation of Farnham's infernal machine for blowing np the railroad, although it colnsisted
oftwo common till horns, bound together at the narrowest part of the tulbes withI a clasp.
Dr. Farnham was taken firom his house in the night time, without notice, and his dwelling
was then exposed to thle most scrutinizing search of the police; but neither tlhe machine,
nor any cf its superfiuous materials, nor the instruments employed in the construction of
it, have been produced.
I pass on to Lake's aecounit ofthe transactions of April 11th. He sasls that Plhelps and
himself arrived at Filly's together about noon, and inquired ofhimn if"tiie boys"' were there.
You know, Gentlemen, that " the boys' lived at Leolli, four miles east of Iicliagn Centre,
and, according' to Lake, le and Plhelps had just past Leoni, where they cotl0 have beeni
found'aand hat came down to Michifaii Centre to inquire for them,whoreot1y re se na,)t
tobe found. Lake says they told Filly, " We have come to go to Niles.' lilly replild.
"I am gladl; we are ready for you." Lake says, "I was unwell and laid (-lowll aIfti,
lying aln hour, I rose again, came downstairs, and found Filly; we then had ai ttlk abou
preparation for Niles. Filly went to the barnl and brought the match. I exalmilnd it.
llhey put it into the box, lnailed it up, put into the store room, and saying' it is ready for
Niles,' putthe key in his pocket." This ingenious narrative was, unhappily, iin co(14lic0t
with the testimony of KCane and Allen, who took Filly to the pond about half past twelve,
before Lake arrived at his house, and detained him until between three and four o'clock.
Lake removes the difficulty thus raised, while he gives a conclusive answer to Seord, tlle
Beemans and Taylor, who have testified to his travels on foot wvith a m1atch, in a box, tied
up in a red hiandkerchief. He was sick before. and now, like Doll JuaLn in the Slipwreclk.
he " falls sicker,"' and enlarges the period of his repose, in the upper chaimber, frili o nle to)
three hours. How could a man, who was obliged to sleep thrll ee hours in a day, wall_ four
miles oppressed with the weihlt tied up in that red bucndle?
Gentlemen, I have now showIn you that the testimony of Plielps and LiLkc is unwortlhy
of credit, by reason of their depravity-of internal evidelnce of folsehood-of conflict lietween tliemselves-of flalornt avowals of deceit-ancld of collision with facts, incoiitcstibly
established. I atdvort blieflv to some pretended corroborations. These are flihrnishiedi
principally, by Mlessrs. Van Armlan and Clark. Revert, if you please, to their acounit (i?
the disclosures made at Ga,y's house. Van Ari1an sa ys CIlark was standing, too lLi oilf to
hear. Phelps was talkini with Gay. Phelps atvc lus the sic,nal, to alpproach. Tlies weroe
talking about burning the Depots at Niles al1d Detroit. Phelps slid hlie vwold(l go oult ti see
the friecnds at the Centre, ald let Gay know vwhit ti11e thev would be roaly it Niles. (tLty
said they w ould bo el eay to in a0ke a strike here ot the sllai titue. 1Who do)es not secc trl
this conovcrsctio a colrivedl between Phelps iand Gav tor tnil plur pose of eorrobhoration?
Again, Ir. Van Ar maIn, describin' the transactionls at the slle pltc, oil tlhe foll(win'
night, says, (Clark beiiin present thlouth not within hearin2 ) " Giy talked wvith Phelps
about burnin the new Depot, and with equal care, ivoide(l confessinc anytl-iing about
buinina the old one." At the sime time, Phl1ps, having l111 a plivate conversationl witl
Gay, told Van Armran that Gay had given leave,, and ther eupon Phelps went lup stairs, and
exhibited the mnatch to Clarl and ll Van Aritnan. What wats there in all tlis, but b jlutle
between Phelps and Gay to ihnpose upon Clark and Va,ri Arluau. You have a tliirl corrob oration ill the filet thatPhelp, lent'G(ay two dollars in Febrtary, to otlichase clulplene;
but it is deprived ofall its value by the fact that Clarl had been apprised that tlhe umoney
was lent, and was sent into Parker's to request him to make a memorandum of t-he sl10
Fourth corrobation: After setting firc to the Depot at Niles, with thle ftisc enCd of tihe
match, Phelps, Lake, Clark and Van Arman returned together in the cats towards Detroit
When they arrived at Jackson, Filly was seen there, and he looked as if lie ivas aCiousy
Cei/ng 0somebody. Phelps concerted with Clark and VaIn Arman, that hlie should draw
Filly into conversation, while they should listen. When a person is in a Depot, on the ar
rjval of a train of cars, he is very apt to look as if he was expecting somebody. A conlver iation, of oeurse, occurred, of which three versions are given.,
-./t,PIhelpa' version: Fllly-How did von get along Phelps-I set the Depot on
:!_~ mtad a failure. aThey put it, out.'have not mnade more than nine times. I'have
: tmnsehe r e and back. Filly —Go up to'the Centre, and see the boys; they
will make it all right.
Van Arman'sversion:Phelpsad-Idd not make more than nine tines. Filley —-You
bd 0go immediately t) theCentre; the boys are waitmg for you.