State v. Palmer

• Decision Date: 20 December 1919
• Docket Number: 578.
• Citation: 101 S.E. 506,178 N.C. 822
• Parties: STATE v. PALMER.
• Court: North Carolina Supreme Court

101 S.E. 506

178 N.C. 822

STATE v. PALMER.

No. 578.

Supreme Court of North Carolina

December 20, 1919

Appeal from Superior Court, Haywood County; McElroy, Judge.

Frank Palmer was convicted of burning an outhouse and other property of another, and he appeals. No error.

The evidence of an accomplice, if fully believed by the jury, is sufficient to sustain conviction, and in a prosecution for arson was corroborated by testimony and the actions of bloodhounds put on defendant's trail.

Will Palmer testified for the state:

My name is Will Palmer. I am indicted in this case. I know and am acquainted with George Palmer and Frank Palmer. I am Robt. Palmer's son. I know Mrs. Lou Palmer; she is Frank Palmer's wife. I know where they live. They live about three or four miles from where I live, and about four miles from George Palmer's. In going from my house to Frank Palmer's I would go east. In going from Frank's to George's I would go a little north. George Palmer and Frank Palmer are first cousins. I know the night George Palmer's property was burned. I was at Frank's that night. I was at George's barn that night, and Frank Palmer was there, and nobody else. It was burned after 12 o'clock that night. I had been to Frank's. Went there that night about dark. I think it was Wednesday. I had gone to hire his wagon and team. After I got to Uncle Frank's house, he told his wife to get some whisky, and she went and got a small bottle of whisky and gave me some of it, and he took a small drink of it. In a little bit he sent her out to get us another drink, and she got us a little tonic bottle. Then we went and ate supper, and after supper we went back to the fire place in the sitting room. Uncle Frank said he was going to walk on Creek George Palmer. Creek George is the one that got his stuff burned up. I asked him what he was going to do. He said he was going up and burn up what he had, you know. I suggested no, that he would not do that; just whip Creek George. He said he couldn't do that; he would law him. He had drank two little bottles of whisky. He told his wife to get another bottle of that whisky, and we took another bottle. Then he said he wanted me to go with him and see. I told him, well, and we struck out. When I told Frank to give him a whipping, I told him that I would see that he got it done. He never said what he was mad at Creek George for, and got another bottle full of whisky. Then he told his wife to get a bottle of kerosene oil. His wife was in and out of the kitchen part of the time and heard part of conversation. When she came with oil, she said, "Frank I would not do that," and he said, "I am going to look after my business." He then told her to get matches. She got a handful of matches. She didn't want him to go, but he would go, and wanted me to go with him, and we went out. The bottle of kerosene oil was a quart bottle and full. We went straight up the road and into field, down to George Palmer's house, then went up to the barn, went by the haystacks, and he got off some with a fork and put it up against back end of barn, George Palmer's cattle barn poured some kerosene oil on it, and said: "You stick a match to it directly, and I will put the hay by the old dwelling house and set that afire. You meet me by the road," he said. He left me. I struck a match to hay at end of barn. I beat him into road out there, and we got together, went in road, and never got out of road till we got to Jarvis Palmer's house.

When we got to Jarvis Palmer's house, he said he wanted to go through and get some jugs. I said I would go with him. We were going along. There was a big hen setting along there and he reached and got it and broke its neck. Then we went by apple house. I took hold of lock, pulled it a little, staple came out, and door came open, and we went in and got three jugs of cider, and carried the jugs and chicken, and went through the field to Frank Palmer's house. It was a little bit, two or three minutes, after he left me at the barn before it began burning. He went straight to the trail. When he left I was by the barn. He went straight to the trail. When he got there he turned. I did not see him until I got to the road. We got to Frank's a while before daylight. Uncle Frank went to bed, and his wife made him get up; said they were going to have some breakfast. He got up and I laid down on the bed. She told me to get up and get some breakfast. Then she went to the kitchen and said somebody was going by on a mule. She said she believed it was George Palmer. A little while after daylight, Levi Caldwell told us that Creek George's stuff was burned up. I stayed at Frank's until some time after daylight. Then I got with Levi Caldwell and walked out to the Bennett house at the turn of the road. Hugh Sutton was driving the wagon. I got in the wagon and thought I would go to the trail. I came on with the boys across the mountain, got up on Jonathan's creek, and went back through by Hemp Hill, and stayed all night with Mrs. Halcomb. Her son was there. That was the next night after the fire. I went home next morning and left Mrs. Halcomb's after daylight and after breakfast, and got home about the middle of the day. Frank Palmer was there. He said that they had brought the bloodhounds in. I told him they were going to get us if they had brought the bloodhounds in. He said he didn't think there was much in the bloodhounds. Then he said, "I want to go to bed." And he went to bed. He was sick. He said just for me to dodge and leave the country. He didn't say where. Later on I saw him, and he said I could go through to Little River, Tenn. Could arrange with Levi Caldwell for me to go. Said he had been there and knew the way. Frank stayed at my home two or three days. He talked some two or three times with me about the burning and the bloodhounds. I have talked with him since that time. Mother was present when Frank was talking with me. I think she heard the conversation. He has talked with me since I got out of jail. They had me in jail.

I came to town and made a statement. George Palmer and Mr. Ward Felix Alley, and Capt. Hannah heard my statement. I think Mr. Whitner came in later. I told him what occurred. I told them all about it. The evening that Walter Ferguson took me to the jail, I told him a few things; that I was sorry it occurred; we were all kinfolk, and it was too bad for George Palmer's stuff to be burned up. I was drunk when it burned up. This question was asked: Q. Have you told any other tale about it since you came to town, whether or not you helped to do it? A. Yes, I just told the straight of it. Q. Have you denied it to anybody? A. Yes, to Bob Jenkins and his wife. I thought we were going to fight the case, and my lawyer said he would keep me off the stand and I would not have to swear a story about it. I first owned that me and Frank Palmer did the burning to Levi Caldwell and Houston Sutton. I told them that me and Frank Palmer burned up the stuff. I told my mother when I went home. I told the boys before I went home when they were with me in the wagon. Frank Palmer was mad with George Palmer; I don't know what about. Frank and I were walking together, would meet George Palmer on the road; Frank would not speak; and when he would see him going by he would say, "There goes old Creek George." Frank's wife gave Frank some matches and gave me some, and when she gave him the oil she said, "Frank, I wouldn't do that." When he came back, she asked him what he had done, and he said, "We ain't done...