The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-09-26
The Inoondiary Case in mobile.

The InCendiaTy Case in Mobile.
1t is generally known in this city that an attempt
was made on Monday night last to fire the store on
Dauphin street, occupied by Messrs. Cullen d
Smith as a Fancy Goods and Millinery establish
ment. The peculiar circumstances of the case
giving rise to suspicious that act of incendiarism
had been attempted, Mr.. John Smith, one of the
firm occupying the store, insisted that examina
ton into the facts of the case should be had before
the Mayor. This was concluded on Saturday eve
ming, and we have been kindly furnished, by a
member of the bar, attending upon the trial, with
a synopsis of the testimony, which we take plea
sure in laying before our readers. The arguments
of counsel upon this testimony are to be heard
to-day.
On Saturday, the examination of Mr.. John Smith,
and of his clerk and book keeper, James F. Ksr-
nan, upon the charge of having fired the store Of
Messrs. Cullen d Smith, on the 18th inst, was
concluded before the Mayor, The Solicitor for the
prosecution, and Messrs. Lockwood & Stanley for
the defendants. The substance Of the testimony
is as follows:
Mr.. Smith stated, not under oath, that on the
evening Of the fire, just before the store clio,
sed, he counted the cash and deposited it in the
SAFE and while the boy was hanging the curtain,
| and Mr.. Herman was making his cash entry, he
| left the store, went around 10 Nlcks, on Royal
| street, took a glass of something to drink and
| segar, he frequently did before leaving for the
| country for the night, and then returned to his
store, which he found lOcked-Mr, Herman wait
! ing for him with the store KEY in hand-thB buggy
| Teady-that he tried the front door, and found it
fast, and then he and Mr.. Herman got into the
buggy and started out home, and that when oppO-
site the West Ward House, kept by Burns he was
invited by friend to aiight and Join him in a glass
which he did he then returned to his buggy, and
after getting some further distance on the way
home, he was overtaken by some friends, who told
him that his store was on fre-that this was his
first knowledge OF the fire, and all that he could
say about it.
There was evidence, that when he was informed
OF the fire he was quite excited, and the intelli
! genC6 disturbed him exceedingly-that he seemed
almost crazy, and expressed great anxiety about
! considerable sum of money which he said he had
left in his safe. This safe proved TO be mere
thin sheet iron one, insufficient for the protection
! Of money or papers, in the event Of considerable
fire. When he returned to the store, he continued
| to express great anxiety for the security of his
money-that he unlocked his safe and took out
| some money. All the witnesses who saw him do
so, stated that there was some small amount Of
| specie, but differed as to whether it was lying
loose in the drawer, or was held in bag or purse
One witness said he saw the end of fifty and the
| end of hundred dollar bill in book, which he
| also took from the sate-nO one proving how much
money there really was in the safe.
Mr.. Herman stated also, not under oath, that he
| was the cousin of Mr.. Smith, and the clerk and
book-keeper of the firm of Cullen g. Smith that
! the boy Patrick, lad of about sixteen, hung up
the curtains and locked the rear lastenings of the
| store, and put up the front shutters that while
| this was being done, he was at the desk, making
up TUE lew GillIl6s VI I6 Jay, ana also, THIS
time, Mr.. Smith was out of the store that he had
gone out, as he frequently did, for the purpose Of
getting drink before leaving for the country that
they had been in the habit Ofseepng in the country
three weeks before the fire. that there was nothing
! unusual in the conduct OF any one connected with
the store on the day preceding the fire that when
about to lock the front door, he asked the boV if
every thing was fast and all right, and was an
swered in the affirmative that the boy then stepped
out and he himself locked the front door and stood
| at the buBCV- with The kew in hiC hand until
Smith returned from around the corner, when Mr.
5. tried the front door, and finding it fast both he
and Mr.. 5. got into the buggy, and started, with
Mr.. SIS httle nephew, for the country. He cor
roborates what Smith said about stopping at
Burns's that after leaving Burns'a, they were
oVertaken by gentlemen, and told that their store
was on fire that he urged Mr.. Smith to return to
the store in the buggy of one OF the gentlemen who
had Overaken them, which Mr. Smith did and he
| (hernan) continued out home, two miles farther,
TO leave the little boy; that having rested his horse
he also returned to the city, that he knew nothing
Of the amount of the insurance on the stock nor
of the cash on hand that he understood since that
! the firm of Cullen q Smith was insured to the
amount OF some $4,000 at the North, and some
| 5000 in Mobile that he estimates the stock on
hand at the time of the fire, something over $1,000
that the origin of the fire was much a mystery
TO him as any one else,
1t was in proof that from the extent of the char
ring on the shelving, the fire must have been burn.
ing about fifteen minutes that the fire was dis
covered through the openings in the front shutter
about fifteen minutes, perhaps less after Messrs
Smith and Herman rode away from'the store that
all the rear tastenlngs secure when the store
was burst open at the 'front.' and no one saw any
one escape from the store, nor was any Mace dis
covered through which any inCendiary could have
passed, either in or out that back window some
thirteen feet from where the fire originated was not
fastened down, but well secured by iron bars that
the fire originated on the shelf beneath the counter
shelf, on which there was wrapping paper. and a
box of chip straw.
The evidence is conclusive that the store yvas
fired by design, not accident there was proof that
the curtain in front Of the goods and Shelves bv
means OF which the fire was carried along the
shelving, hung down in front of the commensurate
and nearly, if not quite, to the shelf beneath where
the fire had evidently started that a small body
might be thrown from the back window bv puttiDg
the hand through the bars on 10 the counter shelf
and on the shelf beneath it, when there was nc
curtain down; but that this was barely possible
when the curtain was down, for the BODY would
then be glanced upon the floor; but the most sasGac
tory evidence that the fire had not kinded from
the floor The opinion of the fire warden commit
tee was that the store had been fred in two if moi
three places; the shelving is unequally burnt oV.
z ing, IN the opinion Of some, to the Distribution
thereon of cotton and wooen goods; the back O
the shelves are burnt, and the wall smoked thC
front Of the shelves are either burnt or the main
bllstered all along where the curtain hung.-Mo
bile Register,