State v. Brown
| Decision Date | 28 September 1921 |
| Docket Number | (No. 89.) |
| Citation | 108 S.E. 349 |
| Parties | STATE. v. BROWN. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Hertford County; Kerr, Judge.
Bose Brown was indicted for arson and houseburning and convicted of houseburning, and appeals. No error.
The evidence for the state was as follows: J. W. Brown testified:
Know Bose Brown. He is my half-brother. Dived with me a part of the time. We were living in the store; that is, it was a store building. I conducted a mercantile business in the front, and had in the store a stock of goods, wares, and merchandise, and there was also in the front of the store a barber shop, and outfit, and the front of the store was used for keeping and selling goods, wares, and merchandise, and for a barber shop. A partition wall about 25 feet from the front cut off the remainder of the building, and we lived in the back part, myself, wife, and three children. My store was burned Saturday night before last. My wife and children were in the bedroom at the time the fire began. My entire store, including part as the dwelling house, was burned. My losses were about $1,500. The house was all in one, with only partition wall. I left the store 15 minutes before 11 o'clock and it had not been to exceed 40 minutes when I looked out door and the house was on fire. It was on the right-hand corner front of the store. Fire started on the outside. I went out there and saw the fire burning on the outside. It was not burning on the inside when I first got there. Defendant had been living with us up to about three or four weeks before the fire, and had a dispute with my wife and children. Defendant used profane language, and my wife said he would have to go out of her house, she could not room and board him any longer, and I made him leave my house. This was about three weeks before the fire. Bose shines shoes mostly. For awhile he kept his chair in the store. Prior to this time he had taken it out and had asked me to let him return it. He did not put it back. He had also requested me to let him return to my home for room and board. I told him he would have to see my wife. He went to the back door and called. This was the night of the fire, and some considerable time before the fire. My wife did not answer. Bose said, "The next time he called her he bet she would answer, and be sorry she did not answer this time." I never heard Bose make any threats with reference to the burning. I used the right-hand corner of the store as you come out for barber shop. I did right much barbering and hair cutting on Saturdays and Saturday nights, and the floor was usually covered with hair, paper, and other debris. Defendant said, "If it was not for the electric chair he would kill me and my wife."
To the foregoing evidence defendant objects, as having no connection with burning. Overruled. Defendant excepts.
Ada Brown testified:
We lived in store in rear part which is separate from the main part of the store by partition wall. I was aroused by my husband on the night of the fire. I looked out door and fire was on the outside of building. Before I could get my children out fire had made its way from the corner to about 15 inches of my room door. My room door was about 30 feet from the corner. I told (defendant) if he could not behave he would have to leave. He talked vulgar chat to my children, and said he would destroy their property and said he would put lye in my eyes and in my children's eyes."
To the foregoing evidence defendant objects. Overruled.
The night of the fire he called me, and I did not answer. Prior to this he said he was going to kill me.
To the foregoing evidence defendant objects. Overruled.
I never heard him make any threats in connection with this or any other burning. It was about 15 minutes till 1 o'clock a. m. when I discovered the fire. My husband closed the store about quarter past 11. All the threats he made was to me and my children, the oldest being 9 years of age.
J. S. Simmons testified:
Met Bose Brown on street the night of the fire and before the fire about 25 yards from Mr. Myers' store. It was on the opposite side of street from house burned about 10 o'clock. He asked me to loan him $5. Said he was behind on his board bill. I had no money to loan. Said he would like to stay with me for a while. I had no room for him. Said John and Ada would not permit him to return to their house. He said they had lost one house by fire and you watch and see if they don't have something else to happen because they treat me wrong and the Lord punishes those who does wrong to others. This conversation happened on the night of the fire, and before the fire, and the house burned was in Cofield, near the Atlantic Coast Line Railroad, and trains north and south were due to pass there during the early night and morning.
H R. Mitchell testified:
Did not see Bose prior during night of the fire. I saw him several days before and he said John and Ada were always after him and he had not done anything to them. Said they had one house burned once before and before three weeks they would get another burn. No; I have never sold Bose's monkey rum. Yes; I have been accused of it.
John Mountain testified:
Went out gate about 11 o'clock on Saturday night of the fire. It was before prosecuting witness had closed his store. Bose was alone at side window looking in, or near the window. I could see him by the reflection of the light through the window. The window was next to the bedroom door of prosecuting witness and wife.
Jack Perry testified:
Remember the night the store was burned. At 10 o'clock the defendant came into my store and bought a box of matches. That was nothing unusual.
Jim Boone testified:
Remember the night the store was burned. I saw the defendant at Wiggin's store about 25 yards away from the store that was burned. He was standing under the stoop at Wiggin's store. He stopped and talked to me. I asked him for a match, and he gave it to me. About 40 minutes later I saw the fire. I am 21 years old.
The question being asked why and what he was doing out at that hour of the night, he answered:
Can't tell you why I was out at 12 o'clock at night and so near the time of the fire.
John Copeland testified:
Remember the night the fire occurred. Three o'clock a. m., myself, John Mountain, and others went to look for the defendant. We found him asleep in a little house on the mill yard of the Cofield Manufacturing Company, one-quarter mile or more away. We called him and asked him about the fire. Defendant said he had not been out since 8 o'clock of the night of the fire. He was not asleep, and opened the door for us, and he was dressed, except he did not have his shoes on. You could see the reflection of the fire in the window to the room in which he was, and there was nothing to prevent his knowing about the fire. He was a short distance from it, but did not go to the fire.
G. E. Holloman testified:
I heard the ease at the preliminary hearing. I warned the defendant any statement he made could not be used against him. He said he went to the mill yard about 8 or 9 o'clock and remained there until he was called. I asked him if he did...
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