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

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Derby & Miller, 1851 - Trials (Arson) - 68 pages
 

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Page 27 - With respect to all verbal admissions, it may be observed, that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake...
Page 43 - The basis of the rule seems to be, that such a person is morally too corrupt to be trusted to testify ; — so reckless of the distinction belween truth and falsehood, and insensible to the restraining' force of an oath, as to render it extremely improbable that he will speak the truth at ail.
Page 3 - May it stand and grow and flourish forever. Seventy miles westward, toward the centre of the Peninsula, in the county of Jackson, is Leoni, a rural district, containing two new and obscure villages, Leoni and Michigan Centre. Here, in this dock, are the chief members of that community. Either they have committed a great crime against...
Page 63 - Some of you have sickened and convalesced. Others have parted with cherished ones, who, removed before they had time to contract the stain of earth, were already prepared for the Kingdom of Heaven. There have been changes, too, among the unfortunate men whom I have defended. The sound of the hammer has died away in the workshops of some ; the harvests have ripened and wasted in the fields of others. Want, and fear, and sorrow have entered into all their dwellings. Their own rugged forms have drooped...
Page 27 - The zeal, too, which so generally prevails to detect offenders,, especially in cases of aggravated guilt, and the strong disposition in the persons engaged in pursuit of evidence to rely on slight grounds of suspicion, which are exaggerated into sufficient proof, together with the character of...
Page 63 - Others have parted with cherished ones, who, removed before they had time to contract the stain of earth, were already prepared for the Kingdom of Heaven. There have been changes, too, among the unfortunate men whom I have defended. The sound of the hammer has died away in the workshops of some ; the harvests have ripened and wasted in the fields of others. Want, and fear, and sorrow have entered into all their dwellings. Their own rugged forms have drooped; their sunburnt brows have blanched ; and...
Page 3 - ... against this Capital, or there is here a conspiracy of infamous persons seeking to effect their ruin, by the machinery of the law. A state that allows great criminals to go unpunished, or great conspiracies to prevail, can enjoy neither peace, security, nor respect. This trial occurs in the spring-time of the state. It involves so many private and public interests, develops transactions so singular, and is attended by incidents so touching, that it will probably be regarded not only as an important...
Page 47 - His fortune involves two alternatives; one that he carry the prosecution through and cause these defendants to be sent to the State Prison and thus establish a claim to be restored to that social confidence which he so early lost; the other that he shall be convicted of wilful and malicious conspiracy against these defendants with perjury and subornation of perjury, and return, after a guilty respite of two years and six months to the State Prison whence he came.
Page 21 - ... a dozen humble tenements. Who were the members of this band ? One country gentleman, one keeper of a tavern and ball-alley, one drinking teamster, one back-woodsman, and one village mason ; and they acted their parts with as much boldness, and even more, than the clowns in the interlude in Midsummer Night's Dream. For when Bottom proposed to act the part of Lion he was overruled, lest he might roar too loudly, and so "frighten the duchess and the ladies." No such timidity distinguished the clowns...
Page 47 - ... in that neighborhood, or who have other good opportunity to learn the character they describe. Thus while a more successful impeachment was never made, it is quite certain that no impeachment was ever more unsuccessfully resisted. Such is the general character of Henry Phelps the prosecutor, and such his reputation for truth and veracity in the neighborhood in which he lives.

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