The New York herald., 1849-02-28

snd Mr. Bedelrs the rosd leading from the road to
the Court House appeared to be in the direction Of
Mr.. MilIer's house; know the direction he lived;
don't knew Of any other Ore in that neiahborhood;
the ere suppose about four o'clock In tho
ine when got home 1t was half ssst four o'clock It
just took me half an sour to get home Savs been in
the habit II driving on that rosd generally takes me
half an hour; drove "a usuAl.
Cross t1sminsti"n- took out my horse before
soing into the hou'.; ! left Mr. Hevlett's at four
alsdy home from the BALL. did not drink any chan
psgne.
raw the lis ht Of fire on the morning of the 18th
pst in the dire ctiou OF west southwest the fire
about 10 or Is miDute after o'clock; the fire
little south Of No.trspd could not tell the distance
the Gre was OF; have not been to the FIRE.
Crsn sTomina naifon.-As was gcing out to the
stable, looked ut my watch and saw it was exactly
four O'Clock; bad been TO the ball at Mr. Hewlett's
that night raw Warren Dsmott there he left before
did; csn'tsay how lopg when he left be went south;
let's. quarter before four o'clcek; don't know II
my time agrees with Hewstts; can't say where
:I warren Dsmott went to he left in company
Losse; be left about 6ftes twenty minutes before
left: had been at the ball since eight O'Clock that
evening; might have drank twice during that
tine no cbsmpsgne; did not drink four times: but
won't be positive; but amrnot in the habit Of keep.
ing account how many times drink; felt effects
from the liquer drank that night left Hswitt's
house twice; the last time left was O'Clock; had
been away. and came back again
ELIAS DeRLoN. sworn says-I don't know at what
time was called; dressed myself and went directly
to the hre 1t might have tsken ten Afteen mi
nutes to get to the fire. IL all fee when first
got in sight of IT, and saw the roof fall In before got
there; DO ore was there; | did not zee any one; my
brother Joseph was the first after It
but few minutes; came to the fire. before |
left and went TO Mr Fower's; cannot say how long
wa gone: it was about half q rie to Fowler's aud
three or fsur hundred yards to James Woods from
Fowler's my object n going wss to call the neigh
bors and did not stop long at either place but only
to tell about tho fire. Mr. Wood and myself returned
going to Woods; ran part Of the way the fire when
raw It, seemed to be burning both ways, be.
tween tween the kitchen and the big house we
1t took as about Is minutes, think Of the tim
bfrs of the main building standing my return;
there timber the body Of Mrs Miller; It
might have been the body. don't recsllect don't
know what time went home to breakfast; was not
there miller came to the fire. he was
Miller did not keep any hired help
Cross eramina,ion tried to get into tho house by
the shed roSf when got to the fire tho flames were
pretty much all over except the shed roof the great
est part came out Of the roof think there win
the boards on the sides Of the house on; don't
recoect whether the chimney had fallen not whom
came back with MIR Fowler
JesEpH DoRLoN being swern, says-The chimney fell
when the last pair Of posts and grts fell; all vent
down together in about Is or 20 minutes after got
there; the main part Of the chimney fell west was
OF there when the gun went of; heard the report
while was In the lsne Mr. Eldert Miller found the
gun barrel was present when 1t was found under the
JoHN FLOWER being sworn, says-I was at the pre-
miees when the house burnt dow about IL O'Clock
middle part Of the house, the laid upon big stone,
wit the edge up, with wall and ashes the pole,
with about an inch or two clear; broken wall was
under the axe.
WILLIAM EvERITr being sworn, says-I went down
to inform Mr.. Miller; met him at Bedford; in the
dent; he said he hadn't heard Of anything that had
bspps sped, or said mol think he said NO; told him
bis whole family burnt up he rather In the Arst
place, sacked up bis refns and said show can 1t be!"
then told Henry Nostrand to take hold Of tho reins
Henry got ont Of my wagon and told Mr.. Miller to got
ing then TOW ards Brooklyn turned short round With
him. and. after turned around he said twice, show
can 1t beg? continued to ask him how he left the hre
be said that bis wife woke him up and he lit the can
de went to the fire In the morning; left the pre-
misses before sunrise.
Gross eranin ation.-Mr. Miller further said-he
made fire. went to the barn and fed his horse heated
bis cos after he went to tho barn and hsrnsssed
bis herses; hitched them to wagon loaded and tied
them he vent into the house. put his coat and blew
out the candle sitting the table in ths middle Of the
ROOM came out, latshed the doer and shut the sate
prenises st seven o'clock that morning; went with
Mr. Evertt to leek for Mr. Miller We met him at Bed
ford Mr. Ever,tt said he bad found him at last; he
told him his family oil burnt up; Mr Miller asked
him what time 1t got on IRE; think that was the first
with MIR. Miller a few minutes William Everitt told
him 1t took hve between four and Ave O'Clock; got
into Mr. Miers wagon and drove 10 horses home Mr..
Miller got into MIR. Evertts wagon; don't reoolect
hearing Mr.. Miller say "how can 1t be;" We were but
moment together.
Ther0 Detpg NO more witnesses ready fof eXAmtno-
ton the court adjourned over at O'Clock until half
past nine o clock on Tuesday morning
TuEfpAY, Feb 27 The court opened at ten O'Clock.
The prisoner entered with his counsel looking about
the ss on the morning previous and took his seat
hand and han pdkeYohief The evidence now being
closed for the the prisoner was informed
Of his rights by Justies Bradies answering such
questions as he may deem proper. He then gave the
following ststs mt My age 10 fortytwo years; my
wife Maria forty five years: my canshter Mary Jane,
years; my other sop John Henry, eight years. they all
slept on feather bcds they were all the persons COM
my It
psisea put my ordinary suit ofclothes when left
homo for Brooklyn; cannot say the size Of the main
sunrise; was down below the Union Race Course
when the rose; the colored who unlosded the
hay was stranger to ms he came to me ON the stand
when | sold the bay; my property was insured FOR
ST. 600 on the whole my dwelling house, furniture,
barn, and conteDts $500 on the house; $3.50 on the
on the wagon; $50 on hay; $50 on grain, If am not
mistaken; the insurance was effected On the afth
day Of September, at noon, 1s46, In the Dutchsss
County Mutual Insurance Company, At Poughkeepsiej
my dwelling house was worth seven or eight hundred
dollars; probably about Elk or hundred dollars
worth Of furniture the barn, empty h worth four or
Eve hundred dollars; the hsuse built with very
heavy frame; the hte, the main part Of IT, had beer
remodelled before got IT, from meeting house good
many years ago; don't know how long 1t has been
built have known 16 or II years; did not know It
before II altered; used the the night before
gO1ng away mean arterparL OF tne
am not certain whether left II at the wood pile
whether the boys carried 1t I'M It is usually kept be-
tween the south and east door of the she'd - repre-
ented the diagram BY Eldert Miller; iaw the axe
after 1t dug from the ruips; should suppose 1t
my axe; was up and about the barn that morn
Ing about an hour, before leaving homo ! eat ny
brtshfsst that morning in the kitchen adjoining the
shed roof did not go up stairs that night sgsn after
coming down; ! struck the light up stairs had .
candle in dlsstick left the candle standing on
the table In the centre Of the kitchen while blew II
out.
During the whole Of the above statement the priso-
ner appeared to be much affected shedding tears al
most the whele time.
ELDERr c MILLER. sworn on the Fart Of the defence,
eaJs About O'Clock the ming Of the 18th inst.
went to bed; wss sittirg up by the stove; ! had
teeA Ioskipg up Mr.: Berrian's wagon; | was by the
gate wben Mr. Berrian left; the barn Of Mr.. Bsrran
stands tsst from the house. loaded the wagon the
west ride cfthe barn; It was about O'Clock when
commenced to load the wagon bstween he house and
the barp about midway about six rods from the house.
esw light of any hrs before went into the house
to go to bed; raw eeod many wagons 60 down the
road saw one horse wagon with straw and saw hay