[Reported for the Unionist.]

TRIAL OF FREDERIC OLNEY.

Windham County Court , ss. March Term 1834.

Present – HON. JUDGES EATON, GRIFFIN and CHASE.

State vs. Frederic Olney

The information charged the defendant with having on the 28 ^th of January last, feloniously, voluntarily, maliciously, and wilfully, set fire to the dwelling-house of Miss Prudence Crandall, in Canterbury, in the County of Windham, and then and there, with force and arms, burning the same. The information having been read, the defendant for plea, said that he was NOT GUILTY.

Ebenezer Sangar was at the house of Miss Crandall the day of the fire—did not get there till it was pretty much over. The house was wet, and people were at work about it, cutting up the floors, &c. While witness was in the house, Mr. Olney (the defendant) came in and told Capt. Bacon, who was cutting up the mop-board, that it was useless to cut longer for there was no fire. People soon began to go away. Mr. Olney showed where he said the fire commenced—placed his hand on a particular place and the expressed he used was "Gentlemen of the jury, here the fire commenced.” He had an iron-bar in his hand, with which he took off the moulding &c., to show what the fire had done. It seemed that the fire had worked from the inside of the house to the outside—this appeared by the boards and timbers—the top of the soil was burnt off, as was also the outside—it was rotten so that it might be picked to pieces—the bottom of the sill was not burnt. In the north-east room, below, there was in the inside under the mop-board a crack which was perhaps three-eights [sic] of an inch in width—the fire-place is on the west side of the room—the house fronts the east—the fire was in the north-east corner of the room. There was no difficulty, in the opinion of the witness, in setting the house on fire in the way it was from the inside—it might have been done by thrusting under-lighted paper, &c. If fired in this way the outer edge of the sill would be likely to catch first. Should not think that fire could have been put on the outside so as to cause the fire—does not think it possible that the top of the sill could have been set fire to from the outside, as this sill was. The principal part of the burning was high up near the chamber floor.

Cross-examined. Saw no fire after he got there. Most of the cutting was done before he got there—the weather-board was taken up and the mouldings—some clap-boards had been taken off before—it was from 12 to 15 inches from the upright post, and south of it, in the corner of the room where the fire did most damage. No hole was burned, but the wood was blacked—should think the fire originally commenced at the place mentioned near the post. The board next the sill, and the side of it next the sill, was burned most—this board had a crack in it, and the wood near the crack was charred, mostly on the inside. The lathing was burned some, enough so as to black one’s fingers—witness did not make his examinations all at one time, but at several—once with Dr. Harris.

Vine Robinson. On Saturday of the week that the fire happened he went, as one of the committee from the Insurance Company, to make some agreement, if possible, with Miss Crandall as to the amount of loss which she had sustained. The house seemed to be in the same situation as it was left immediately after the fire—the clap-boards were torn off, &c. Examined, to satisfy his mind, how the fire originated—became convinced that it took first on the sill, between the first stud and the post—burned apparently up to the chamber-floor, and meeting with some obstruction there, seemed to branch off—burned the boards and joist, should think there was more burning in the chamber-floor than elsewhere—proceeded to place the boards, &c. round the pilaster as they originally were, in order to ascertain if there was any place where the fire could have been introduced from without—the board at the bottom of the sill was burnet off—the clap-boards were not burnt—found no place on examination where the fire could have been introduced—thinks it impossible to have communicated the fire from the outside so as to produce the effect visible—the crack between the mop-board and the floor on the inside of the room was perhaps one third of an inch wide—no difficulty in putting fire under it—if a match were placed under the mop-board and pushed along it would fall about two inches on to the sill—witness became satisfied that the Company would be responsible for the loss, and tried to settle the amount but could not. It was left to Col. Eaton to procure a carpenter and finish the business—the sill was considerably decayed—the fire was confined between the first stud and the post.

Cross examined. There was a hole burnt in the boards a considerable height from the ground, higher than he could reach—this could be seen from the outside—the board at the bottom was perhaps 8 inches wide—three or four inches of it were burnt off—this board was near the post—about the space of a foot along the sill it was charred—the sill at the bottom was whole.

Ebenezer Sangar, again called, testified as to one of the boards that was burnt near the post—the board went to the bottom of the sill.

Elkanah C. Eaton was also one of the Committee with Judge Robinson to settle damages, and with him examined to find out the origin of the fire. (Col. Eaton said he concurred in the statement given by Judge Robinson, and recapitulated, with little variation, the same general facts.)

Richard Fenner got to the fire nearly as soon as any one—saw the smoke from the outside, and went directly into the house. Saw Miss Crandall and asked her if the fire came from the cellar; she said, no, her house had been set on fire. Witness assisted to pry up the hearth to find the fire, but found but little—the smoke continued to increase—water was thrown on. After the fire was got under, Olney showed the witness and others a spot on the outside of the house, where he said the fire began—witness examined it more critically, because he did not notice it when he first came to the fire; Witness came out of his store immediately after he heard the bell ring, and a cry of fire—Saw smoke come from the corner of the house, up some height from the ground.—Olney said that when he first came out of the house, he saw fire blazing out of a crack, and pointed it out to witness—the paint around it was scorched.

Cross Examined. The crack which Olney showed witness was perhaps an eighth of an inch in width, just by the bottom of the sill, between the bottom board and the moulding—saw no appearance of fire when the place was pointed out—witness at first saw no fire, nothing but smoke which came from about the window casings—Olney was at the corner of the house when he got there and had an axe in his hand—it was after the fire was over that Olney pointed out this place—perhaps three-fourths of an hour after the alarm.

Daniel Morgan was at the house of Dr. Harris at the time of the fire, and noticed a tub of water brought out from Miss Crandall’s and thrown on to the side of the house—a little steam arose which led him to suppose the water was hot—Charles Harris soon brought an axe—Olney took it and struck a blow or two on the house near the corner with it. Witness then went over to Miss C’s house, but saw no fire—looked into the house and saw smoke in the room—told Miss C. that it must come from the cellar—examined, but found none—a little smoke could not be seen coming out from the house, seven or eight feet from the ground, near the floor—they had axes and struck in to take off the clapboards—took off some but saw no fire till the floor was torn up in the chamber—then saw a little and a great deal of smoke, so much that it was impossible to stay in the room. The sill appeared natural, but some rotten—took out some shavings which were black but not burnt—witness got to the house before any one, unless it was Mr. Robinson—as he could see no fire he was surprised that they had raised an alarm—did not see Olney when he first got over to the house—when he first saw him he was near the corner of the house—the clapboards which he and Mr Robinson cut were as high as they could reach.

Cross Examined. Witness saw Olney and Harris at the corner of Miss Crandall’s house, before he came over from Dr Harris’—Harris soon started to ring the bell and Olney dashed on a tub of water—this was before the blows with an axe—the water was thrown on the side of the house, between the window and the post—cannot say whether Olney cut off any portion of the house—thought that a small piece was cut off at first—continued to think so till the former trial, when a piece was shown, said to be cut off—he then and now doubts whether any was cut off—Dr. Harris’ house is six or seven rods from Miss Crandall’s.

Ralph Robinson got to the fire, when some of the neighbors were standing at the corner—could see smoke coming out—witness tried to cut off some of the clapboards, but could not reach them—pried them off with an iron bar—they could then see a little fire—no clapboards had been cut when witness got there—did not leave his school house till after the bell rung—saw no fire at the bottom of the pilaster—the clap-boards were got off in a very few minutes, perhaps three—saw water thrown on after the clap-boards were taken off, not before.

Peter Spicer, (a carpenter,) examined the house day of the the first court (sic). [Mr. Spicer showed the manner in which the boards &c. were burned, and gave it as his opinion that the fire communicated from within.]

Horace Bacon, assisted to arrest Frederick Olney, it was in a barber’s shop at Norwich—a number of persons were present—some one asked witness his opinion as to the origin of the fire—said that he believed it caught from the inside. Olney said he knew as much about the fire as any one. Witness replied, I suppose you do. Olney then said that Miss Crandall wished him to fix her clock—that he commenced fixing it and soon found smoke in the room—at first thought the evergreens in the room were on fire, examined them and found they were not—then thought the carpet was—found that it was not. Soon heard the fire roar in the walls of the house ran out and saw it burst out from a crack near the corner of the house.

James Cary read the warrant to Olney in Norwich. Mr Bacon said that he thought the fire caught on the inside—Olney said that there was a knot-hole outside about the bigness of a dollar where the fire might have been placed. (Witness then went out).

Maria Robinson was at Miss Crandall’s house at work on the 28 ^th day of January, the day of the fire—the stage stopped, and the first she saw Olney he was standing by the side of the stage—some bundles &c. were brought into the house and Olney came in and sat down in the keeping-room by the fire, remarked that it was cold, looking at the clock on the mantel-piece, after he had sat a few moments, said to Miss Crandall, “your clock does not beat right.” Miss Crandall replied, that she had not noticed it, or did not know it. Miss Crandall soon asked him to take off his surtout, and said that she had not asked him before because she supposed he was cold—Mr Olney asked if Mr. and Mrs Harris were in the house, and was told they were in the kitchen, said to Miss Crandall, “with your permission I will go and see them,” she said, yes—he came back in a little while, and that he had promised to write to a lady in New-York as soon as he got there and had seen her little daughter, the paper was brought, and Olney wrote and sealed a letter, he then went out and witness saw him no more till dinner, when she saw him in the upper kitchen, talking with Mr. and Mrs. Harris. After dinner she came back to the keeping-room, and a number of the girls were in and out. They all went out but witness, as she thinks, (she remarked that Miss Almira Crandall thought she remained after her) and witness, who was sewing, laid down her work, and went to the kitchen. Had heard Olney talking in the kitchen before this, and had seen him there. Very soon there was a disturbance, and some one cried that the house was on fire. Witness said it could not be, but ran up stairs, for she remembered that she had left her work on the hearth and she was afraid that it had caught fire. Found the room so full of smoke, when she got to it, that she could not see the figure on the paper. Ran out of doors, and saw Olney standing near the corner of the house, looking for the fire. Witness told him that the chimney or roof was on fire, he said no, and soon said he had found it. Olney then struck on the corner of the house, with an axe, and told her to cry fire. It was about half-past ten or eleven when Olney came in the stage, witness noticed no smoke nor perceived any unpleasant smell in the keeping-room before fire was cried, don’t know where Olney went when he went from the keeping-room, but supposed he went to the kitchen.

Cross examined. Was in the keeping-room when the stage came up—soon after Olney came in the clock struck eleven—thinks it was an hour after dinner when she was employed sewing—Olney had not been alone in the keeping-room more than a minute, when the fire was cried—after Olney had struck on the corner of the house with the axe, he called for water—he had asked for an axe before—he cut off a small piece of the house, and some one bro’t water—told Harris to get the bell rung—heard nothing said about fixing the clock—there were festoons of evergreen hung around the room.

Amy Fenner was in the school room at the time of the fire—saw Mr. Olney as he came in the stage, at about half past ten—saw him no more till dinner. Witness went upstairs to the school room, and Miss Crandall sent the class down to read—they came down to the keeping-room, and witness saw Mr. Olney fixing the clock—she saw smoke, and said to Mr. Olney, What is the matter? What does this mean? She pointed Olney to the corner of the room—he put down his ear, and said he heard it roar—then immediately called for an axe—witness was very much scared. Editorial note: this is the key testimony, from a student

Cross examined. Knows nothing of the letter—Olney was talking with Mrs. Harris when witness saw him at dinner—‘twas not more than three minutes after she was told to go down with the class to read before she was in the room with Olney—he was alone—the door was wide open—cannot tell what Olney was doing to the clock, she was so frightened—smelled nothing in the room before—Olney’s back was towards the smoke, he could not see it without turning round—witness could see it immediately on entering—heard no walking in the room before she came in, was out of doors when the tub of water was thrown on the house—Olney took the tub from the hands of Miss Crandall—cannot tell whether the door of the clock was open or not she was so frightened—the smoke had just began to come out of the corner.

Henrietta Bolt was a member of the same class, and made a statement similar to the last witness.

Delano Baker was at the fire not long after it was cried—went from Dr. Harris’ wood-pile, saw smoke, but no fire was visible—Olney was standing by the corner of the house, axes were called for, witness said he could get one. After the fire was over Olney showed where he said the fire began—said, “here, gentlemen of the jury, here is the place where the fire began.” Witness went away soon, and did not notice where Olney directed their attention—saw no fire at the former, when he got to the house first; thinks he should have seen it if there had been any; a spot was burned up some distance from the ground.

Cross examined. Was a stranger in the place, and does not know the people who were at the house; should not know the girls of the house again if he saw them.

Augustus Prior went with Col. Eaton to examine the house in order to ascertain the damages; it was on Monday. (second examination.) [Mr. Prior agreed generally in his statement with Col. Eaton, and was of opinion that the fire was communicated from within.]

Ralph Hutchinson examined the house of Miss Crandall on the day of the court of inquiry before the Justice; the board on the outside, near the crack, was burnt to a coal; a part of the burning could be seen from the outside; did not notice whether the lath was burnt or not; the pedestal is 16 3-4 inches; the base of the pilaster 1 1-4 feet; the mop-board was up from the floor a full half inch, a foot from the corner; the first stud was perhaps 13 inches from the post; thinks the fire could easily have been introduced from the inside; the mortar was gone at the time of the examination made by witness, and that being gone, the fire could also have been introduced from the outside; if the mortar had not been taken out, he should think it could not have been introduced from the outside; witness saw mortar lying on the ground.

Cross examined. The place where the burnt part could be seen from without, was by the water-stable; it was just perceivable; should think the fire might have been seen at this place from without; the bottom board sets on the water-table; the inside of the oak board was burnt very much; the outside not much; the fire could not have been put on the top of the sill from the outside.

Chauncey Bacon, at the time that Miss Crandall’s house was discovered to be on fire, was in Mr. Jenk’s store. At first, he heard the bell ring, and saw people running, apparently towards Miss C.’s house. When he got to her front gate, he asked what was the matter? Was told, by a boy, that the house was on fire, and was pointed towards the northeast corner of the house; went directly into the house and found considerable smoke; some one took an axe, and beat a hole from the inside, through the plaster, in the east wall of the room; being told, on enquiry, that there was no other axe, witness got one from home and beat a number of holes in the north wall of the room; found no fire, and but little or no smoke; others were turning in water; witness then went into the cellar to look for the fire, but found none; then to the garret, and found none; soon after, witness went out of doors and found the people tearing off boards, &c.; some were cutting up the boards in the floor up stairs, and he assisted; smoke came out and they threw in water; came down stairs, and saw fire first near the cornice, in the room below; could see but a small blaze; ran up stairs and told the people that the floor must come up; they took it up, together with the mop-board and very soon came to the fire; six or eight feet of the mop-board was cut off; the fire was soon got under; witness then examined the timbers, &c. more particularly, though he could not do so as he wished, there was such a crowd; the lining boards were oak, put on the studs, and ran clear by, to the cut-edge of the post; the bottom board, south of where it was burnt off, was very snug, so that he could not pass a penknife in the crack; the crack between the mop-board and the floor, in the lower room, was large enough to take in his little finger, in some places; the under floor boards set on the sill about four inches; the upper ones an inch less; should not think it possible to get fire on the sill from the outside.

Cross examined. He put his finger in the crack, between the floor and the mop-board; the widest part of it was towards the south, at some distance from the corner, perhaps six feet; the floor boards run north and south; put his finger in the crack the day after the fire, and has since examined it; should think that the crack was 1-4 on an inch, near the corner; perceived no difference in its width at the different times he examined it; don’t know whether the sill was burnt at the bottom or on the sides; should think the under lining board was wider than the sill; the end of the bottom board was nurnt off; the board above it extends along to the end, so he presumes this one did; cannot say whether the board burnt off was fastened to the sill or not; has not examined the sill south of the stud where te fire was; found shavings between the studs after taking off the plastering; but few, perhaps three, four, or half a dozen. They were further south than where the fire was, between the first stud and post; don't recollect whether burnt or not; they were small pieces, not bigger than ninepenny pieces or cents; were old, and had probably been there from the building of the house.

John Bard. (This witness was present during the fire, and assisted to extinguish it; he gave particulars of the transaction, but stated no new facts that seemed material.)

Solomon Paine, with the committee from the Insurance Company, examined the premises after the fire. (Mr. Paine said he coincided in the statement made by Col. Eaton as to what they saw.) His opinion was, that if the lining board was as wide at the place where the fire was, as it was farther back, it would be impossible to set the fire from the outside; the board was some inches higher than the sill, a little back from the fire, where it was not burnt.

Nehemiah Ensworth. After he got to the fire, to which he was called by the ringing of the bell, he first went to the corner of the house and soon went into the house, met Olney and asked how the fire caught. Olney replied that he did not know, said he saw it about as soon as any one, that he was fixing the clock, saw a smoke, examined, and soon heard the fire roar, witness at this time did not know Olney.

Daniel Morgan again called. Saw the mortar taken out from the outside after the fire; it was whole.

Cross examined. Did not state this fact before the other court, though he did to some one present, perhaps Capt. Fenner, several persons took out some of the mortar, witness took out some, an inch and a half long, took it out to examine the sill, has not examined else-where, what he took out was moist, took it out with his fingers, some had been taken out before, cannot be positive who took it out; it was after the fire had been extinguished; Mr. Flint was present; thinks he took out some; it was under the sill and ran perpendicular; the mortar which he (the witness) took out was between the stones, immediately below the sill, not more than two or three inches below.

William Worthington. After the fire was pretty much out, Olney went up stairs and put his arm round one of the girl’s neck, and asked how many of them cried? They said, such a one. Olney then said they had no need to be scared before they were hurt; that he did not think the house would burn down, if it had, Miss Crandall would lose nothing for the house was insured; witness got to the house before the fire broke out; could then see no fire; went close to the corner; saw smoke; did not see Olney for a few minutes; no clapboards were cut when he (the witness) first got there. Mr. Robinson cut the first as high as he could reach.

Cross examined. Don’t know how many girls were present at the time of conversation he speaks of, shouldn’t know them now; witness was a pupil in Mr. Robinson’s school; he was in school, and it was said that Miss Crandall’s house was on fire; Mr. R. got there about as soon as they did; don’t know whether Mr Morgan was then there or not; saw him soon; did not see Miss Crandall; saw no water when he first got there; looked round to find the fire, and then went into the house; they had cut a few holes in the plastering; saw Olney near the corner of the house first.

Luther Sangar. (This was also a pupil of Mr. Robinson, was with the last witness and made a similar statement.)

[The prosecution here rested for the present.]

[To be concluded in our next.]