[Concluded from our 34 ^th number.]

[Reported for the Unionist.]

TRIAL OF FREDERIC OLNEY. ( Concluded. )

Windham County Court ss. March Term, 1834.

Present, Hon. Judges Eaton, Griffin and Chase.

State vs. Frederic Olney

Mary Burleigh. —This witness stated the same general facts as before stated, and added that when she came down into the keeping room, before dinner, she perceived a bad smell—that after dinner, she returned to the keeping room, perceived a little smoke in the room, where the rays of the sun were, and the smell was so disagreeable that she took the paper which she was reading, and went up stairs (sic) to the school room. On her cross examination, being asked if she named the subject of the smell at the time; did the evening after, to Miss P. Crandall and others; heard Olney say after the alarm was over, that if it had not been for the fire, he should have been gone, or away in a few moments.

Maria Harris testified that Olney came to the kitchen from the keeping room soon after his arrival and asked if he could not have some breakfast; that he came from home early and had not eaten any; witness asked Charles to bring some biscuit from the closet; After Olney had eaten he went back to the keeping room; then came back, and staid till dinner time; did not go out of doors, only went to the cellar kitchen; Olney ate dinner and staid some time in the kitchen afterwards; witness had just got ready to wash her spoons &c. as Olney left the kitchen to go to the keeping-room; she had not washed any as she recollects when she heard the cry of fire; it was possibly five minutes after Olney left the kitchen when she heard the cry.

Cross-Examined. Olney took his loose coat when he left the kitchen and said he was going to bid Miss Crandall good bye, or that he was going to see her a few moments and must then go to Brooklyn; do not know whether he put his coat on or not; don’t remember seeing him put it on.

Betsey Fish was in the cellar kitchen when Olney came down first; he staid perhaps fifteen minutes; did not go out of doors but returned up stairs; left Olney at dinner when she finished.

Charles Harris (testified to preliminary facts same as others.) Saw Olney in the keeping room writing before dinner and not long afterwards he brought witness a letter and asked him to carry it to the post-office; witness carried it when they were at dinner; after dinner Olney said he was going to Brooklyn, that he would go and bid Miss Crandall good bye before he started; this was in the kitchen; very soon he heard fire cried; ran out and saw smoke at the corner of the house; got an axe and Olney struck into the corner and the smoke burst out; witness then went and rang the bell and people immediately came; he took up the carpet in the keeping room after he got back; it was nailed down round the edge at the corner and elsewhere; it was snug and tight and filled up the crack; it was nearly new, thick, and bound around the edge; has examined it to see if it was singed and found it was not; no scorch on it or on the mop-board; Olney struck the mouldings on the east side of the corner at first, but could not start them; he then struck on the north side and the smoke came right out; the letter which witness carried to the post-office was directed to a ____ Marshall; don’t remember the first name.

Cross examined. Delivered the letter at the office when they were eating dinner at Miss Crandall’s; said nothing about this before the Justice’s Court; don’t now remember whether he then said that he went but once out of the kitchen and that was to carry wood to the fire; thinks he was not out but this time that he speaks of; don't remember having been at Jenk’s store about noon; did not go there from the post-office but went directly home; don’t remember having a conversation with two persons at Col. Judson’s corner when he went to the post-office; when Olney left the kitchen he said he would bid Miss Crandall good bye and start for Brooklyn; saw clapboards cut off when he came back from ringing the bell; [sic]

Elizabeth Marshall resides in the city of New York; on the 23d or 24 ^th of January last Olney left New York and took a letter, and bundle &c. to her little daughter at Miss Crandall’s school at Canterbury; witness had before sent a bundle to her daughter which had miscarried in October last; Olney said he would write to witness as soon as he got to Canterbury and tell her whether he had found it or not and also tell her about her daughter; the Saturday night of the week following Olney’s departure from New York, when witness returned home from her work, her eldest daughter told her that she had got a letter from Olney, and read it to her. (witness not being able to read); [The witness here produced a half sheet of letter paper written over, which he said was the letter paper written over, which he said was the letter read to her by her daughter; it was dated Canterbury January 28 ^th 1834, and purported to be a letter from Frederic Olney to Mrs. Marshall; the other half of the sheet, which was the one containing the direction and post mark witness said she had used to light her lamp one morning, soon after receiving the letter, having risen before it was light.]

Mary Jane Benson. After dinner at Miss Crandall’s on the day of the fire, witness went from the dinner table in the kitchen to the keeping room in company with Miss Willis and others; soon after entering the keeping room Miss Willis asked, what smells so? witness replies that it was like old chestnut wood burning; Olney was at this time eating his dinner in the kitchen; witness went from the keeping room into the space and fro thence she thinks she went to the school room; don’t recollect seeing any smoke.

Cross examined. The conversation about the smell was after dinner, as soon as she had done; don't remember whether any one was in the keeping room when they came to it; those with witness were Miss Willis and Miss De Grasse, &c.; don’t remember that any but Miss Willis asked as to the smell: had no particular business in the room, and did not remain in it more than two or three minutes; do not recollect whether she had spoken to any one of this but Mr. Tyler; “don’t remember how the conversation was then introduced; don’t recollect that Mr. Tyler said to her that other girls had stated a similar story.

[The defendant’s counsel here rested their testimony.]

The counsel for the prosecution then called

Charles Harris, who being asked, if Olney had not been requested by Miss Crandall not to visit at her house, said not to his knowledge, witness has never said so.

William Kinne was called by Miss Crandall to examine her house after the burning, and did so; has looked at it twice; if the fire was introduced under the mop-board it would have gone to the place where the most burning was; for this reason thinks the fire was set from the inside; the inside of the sheathing board was burned most; thinks the fire began on the sill.

Cross-examined Did not ascertain whether the bottom of the sill was burnt or not; the line was discolored in some places, in others not; he differed from the majority o those who examined with him as to the origin of the fire.

George Middleton examined the house with the committee from the Insurance Company; concurs generally in their statements and thinks the fire caught from within.

Andrew Harris. (Large fragments of the house were brought into court, which were put together by Dr. Harris, who explained at length their situation and appearance; Dr Harris was not present at the fire but examined the house carefully at different times afterwards. Being asked his opinion as to the origin of the fire, he answered that he had not been willing to form an opinion on the subject, and did not think the question could be answered except by probabilities.

Mary Harris was at her father’s when the stage stopped at Miss Crandall’s; saw the driver get down and take off bundles; a man alighted and stood on the east side of the horses; tried to ascertain if he was Olney; the man with the driver got down; the driver stood on the box a part of the time; he stepped down to take the reins from Olney and then returned to his place.

Mrs. A. T. Judson saw the stage stop at Miss Crandall’s; the driver left his box and gave the reins to Olney; did not at this time know Olney; saw him afterwards; a woman got into the stage from Miss Crandall’s; did not see Olney get out; witness left her window before the stage started; the driver carried in one box.

George S. White was now called by defendants counsel to explain the appearance of some parts of the timber shown by Dr. Harris; not remembering in relation to them.

Albert Hinckley was again called, and gave the explanations.

Elkanah C. Eaton. was again called by the counsel for the prosecution, and stated that when he examined the house, the sill was firm upon the mortar; the outer edge was burnt nearly to the bottom; that he assisted in putting the timber together as they were before the fire, and there was no chance of any communication from without except where the pointing was out; expressed an opinion as before that the fire caught from within.

Betsey Fish was again called by defendant’s counsel, and she stated that she brought the first pail of water; that it was turned in at the corner below, while Olney was cutting a hole to come at the fire.

The testimony being closed on both sides, A.T. Judson Esq. opened on the part of the prosecution, D.P. Tyler Esq. opened on the part of the prisoner and was followed by the Hon. Calvin Goddard on the same side; C.F. Cleveland Esq. closed for the prosecution.—It seemed to be tacitly admitted that the fire was caused by design. The counsel for the prosecution claimed that the fire was communicated from within and that it was done by Olney. The opposing counsel insisted that the balance of proof was that the fire was communicated from without, but whether from within or from without, no testimony whatever had been adduced tending to show that Olney was guilty. The charge of his Honor Judge EATON was brief, but distinguished for its ability and impartiality. The jury retired, and after a short absence returned a verdict of not guilty.

The trial occupied the court from 2 o’clock in the afternoon of Thursday, till 6 o’clock P.M. on Saturday. F.