Excerpt from Argument in the Railroad Conspiracy Case Entitled the People of Michigan Vs; Abel F. Fitch and Others: Tried Before His Honor, Warner Wing, Presiding Judge, of the Circuit Court for the Country of Wayne, at the May Term, 1851 in the City of Detroit

State's evidence? We all know the meaning of the term State's evidence that it is used to denote an accomplice in guilt, who indu ccd by compunction or hope of favor turns and testifies against his confederates. What does it, thus used by Fitch, mean, or intend, save an expression of belief that Gay, cognizant of their mutual guilt, had divulged his knowledge to the Government? It is idle to say that the warrant could ever have suggested to an innocent mind the idea that a stranger to him and his doings had turned State's cv idence. You have seen the warrant; it simply recites the fact, and afforded the information, that the prisoners were arrested on the complaint of Henry Phelps, charging Geo. W. Gay with the arson of the Depot, and the rest of defendants in legal language as accesso ries before that fact.

Again, I might remark that there is no evidence, that either pris oners or officers in the car, at that time knew of the arrest of Gay. He was arrested in Detroit after the officers had gone to Leoni for these defendants, and simultaneously with them.

The truth of the narrative of Dr. Hahn is not denied. And what is the effect on a candid mind of this testimony of Clark and Hahn In the presence and hearing of the former, Fitch says he did not know Phelps; before the latter, that he knew Phelps slightly before he went to State's Prison - since then, he knew but little about him.

And yet, Sheeley saw him cordially shaking hands with Phelps Detroit. Doane saw him waiting for his friend from the country.

Clark testifies thus: I was at Lansing last winter, as member of the Legislature; saw Abel F. Fitch there two or three weeks; saw Henry Phelps there about two days, while Fitch was there; P. Was there twice; saw Phelps and Fitch together in the bar of the house; the next morning after P. Arrived, they were sitting together talking over an hour, and once, for 15 or 20 minutes.

And Charles White says: I remember Fitch's being in this city last. Winter, in February; saw Phelps here at the same time; remem ber the morning Phelps left on the cars, west; I saw him and Fitch together at the depot before he left, in conversation, until the cars started; saw them two or three times together that morning talking privately. Think Fitch took Phelps by the hand as they parted. Saw them together again, 18th of February, on the cars west of Dexter, going west; they talked together in a private manner, until Phelps got off at Francisco's; think the car might have been half full. Don't remember of seeing them together on any other occa sron.

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