The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1844-09-13
oFINIoN OF JUDGE PEARSON.

,hs opinion Of Judge Pearson On the ex.
,mioa,ion of Calvin, negro boy belong
-, IN Col. B. S. Gather, on the charge (
If burning the Branch Mint IN this place.
The opinion is long, but we found we could
not give an extrae, from it that would be
..,;sr,ctory. so we concluded to publish
The opinion entire:
.Tbo evidence being closed, remarked that
,;oa,ioos before committing nagisfate'
A.. onc,,;on wns not whether tlfe evilehce was
.,fsrient 10 convict, II The prisoner "as on ti'ai'
-, ,,he,her the evidence made ooi prooaole CAUSE
- :. 40 warrant further proceedings That TO
-. az, ntobable cause, II was necessary 10 es-
,.hi;sb Two propostions-ihat the burning Was
a. sct of .one incendiary and not the effect Of ae
siJ.nt or negligence; that the evidence pointed
- a.. prisoner and fixed upon him strong sus-
nieiou Of being the ncendiary
P.hs IN the first, am satisfied that the burn
;rr was the act Of an ineendsry From the state
af the Ere when first discovered II Is clear tha'
/; started in the garrett, over the Coihers room
III. g,rret had no floor, the space between The
;o;.,. and the rafters and sbseting OF the Tooi
e.. Tho Coiner's room was four feei-lalhs at.
s.ebed 10 the lower side Of the Joisls supported
,hs mastering over tho room. Many OF these
l,th, had burnt In two, aud had isleh WIN the
clustering upon the floor OF tic Colner's room,
,h.t floor was burnt through the ho!o was ia
circular shape. about two feet ono way ana TWO
fact the o,her-coals Of fire bad fallen on Tho
aoo, Of the engine room, which was under TIE
co;n.r,. room. bot the loor of The engine room,
,,bogeh on FIRE, had hoi burnt through. Tho
Anne OF the fire on the floor Of the engine room
ala not reach up more than ten incheS-this room
having a pitch Of ten feet and being plastered 0.
y,rhesd. Il was no, possible for tho fire on tho
Ar 10 have communicated with the h0or OF the
Coiner's room through the plasterng above Ihe
s,me Of the FIRE on the floor Of the CoInoTs room
did NOT reach up moro than three ieet-tte ptch
Of this room beng ten feet, plaStered overhead,
II was not possible for the Ere on this ioor 10 have
communicated with tho joisis aud latha above
through the pissiering. The hiTe OF the hfs IN
The ;o,s,s aud laths had not reached up 10 the raf
tiers and sbecting. aud although much smoke was
Bursting through the roof. yet It was not on ire
this being the state Of the FIRE when the baild'
ing was frat entered. 1 am satisfied that the Ire
started among the joists aud faiths Of the garrett,
burut through, fell on the floor Of the Corners
room, burst through and fsll on the floor Of the
engine room.
How did The fire get among the jois,s and aths'
4, the next question. The suggestion that there
might havs been a combustion Of some aeid, IS
answered By the proof that there was no acid 10
tho building except small quantity OF muriltie
acid which not near either Of tue three places
on FIRE and particularly that there was 40 acid IN
the garrsi.
The suggestion ths, The FIRE might have been
eommun icatsd from the chimney Of the engine,
which goes through the garrett near where The
Ere started is answered by the proof that the en-.
gtns had net been used for tea days. aud there
was no FIRE used about tho Mint for sotne days 30
FORE The suggestion that Tho FIRE might have
fvagn a nv
STUDENT. who we're at the Mint about tNo o'clock
on the evening before and went upon the roof by
ascending through tho door which opened into
thu garrett and then through trap door IN this
roof passing near where tho FIRE started, 10 an.
,wertd, FIRST, because 1t Is not proven that any
Of them had segsf; second, By the testimony OF
Lsntils, who swors tina, he was working on that
evening with MI Taylor fling tho cornish Of tho
Mint; that some two hours after tho students leit,
wanting nails no went on the roof. opsocd the
trap door, went down throlgh the Fsrrct 10 the
other door which he found fastened. and came
back and descended the ladder which was used on
the oatsids-lhat afterwards, sbout sundown, he
again vent into the gnrrst through tho itsp door,
put away some tools, closed tho trap door and
came 5oan the lsdder--tha, on neither occasion
did he discover any fro in the glrIst and that II
thsrs had bsen any, be must have seen or smelt
II, p,ricularly if il had been the Coinsrs
room, fer he passed Immediately over Il.
Theirs being way 10 account for tho ire ss
III. stIvei ef accident negligence. my inieronee
IT, that Il wss the act Of an incendiary.
Il being also proven that on the evening before
all the doors Of the bu7ding were locked and that
they were all foand locked on the next morning
when the alarm Of fire was given and that no per
son slept in the house that night II seems clear
that the neeadisry assembled the ladder, got on
the roof, raised .hc trsp-door and went down IN.
10 the garret.
The neIt question 10. Does the evidence show
probable cause against the prisoner
The evidence rel cd on TO show probable CAUSE
is-,hsl IN She Summer Of lsi3, Col. Gather,
the ewnef Of The prisoner was removed from tho
Mint ard carried the prisoner 10 the COUNTY OF
Burke, separating him from his WIFE free mu-
laiio, who lived near Charlotie-tha two days
before the Gre, the prisoner came To Charlotte,
slleEinr ihst no came 10 see his wife and remain.
ed shout there until The day AFTER the iro-thai
on the night before the FIRE, the prisoner slept IN
the room of Dick a slave, and that about TIVE
hours before day Dick discovered that the PRISON
u was not in his bed and tho prisoner did moi
return 10 bed until about day light-soon altei
which the alarm Of fire was made-that while The
building was in flames, prisoner had his horse s
boat tho streets. at one time on bis back, at ano
thsr time holding him al The door Of grog shop
but did not 70 aud render assistance; and thA
according 10 tho testimony Of Cynthii. slave
tho prisoner in the Summer Of lsi3, soon ate
Col. Gather WIS removed mot witness IN tht
sirsa,. complained that his master had been re
moved 10 make room for MIR Caldwell and sal,
Il would do him no good for it would be IN ashe
before long. Witness told him no ought no, e
talk so. lie swofe il would be in ashes aud NJ
ono would know who did it aud further, tina
witness on tho night Of the fire about mldnigh
at the spring, heard somo one, and from the voic
she believed Il 10 bs tho prisoner. say to anothe
person. whom she did not know :" can breal
them up root and branch"
The evidence in reply and tending to show
want Of probable cause Is. that while Col Ca
thor had charge of the Mint, tho trap door wa
kspt fastened on tho inside by bolts and could no
be opened from the roof, which fact prisoner wei
knew and that while Mr.. Caldwell had eharg
the trap.door had always boon kept fastened Of
ihs inside except for few weeks before ID" hr
while the roof was undergoing repair that ate
the roof was finished two days before tho fire
the witness Riglar. workman IN the Mint wen
a. I,tl Il hiatt I'm Fn6