The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-26
o ho kindly consented to eat it out at the


expense Of the city.
drayman, who accidentally broke the glasses
of a lamp, was sent to the Gas Company, VINO Will
undoubtedly make him pay smartly for giving
tho noighborhood more light than they were en-
titled to.
William jenkins and Sarah Addison, 'gem-
man and lady OBJ color" who got into controversy
about a pair Of shoes, and in which it appeared
that William did the grabbing and Sarah the
shreking, were fined each IS.
An individual who had taken two snifters before
eating, and was, consequently, found on the
ground face up, waiting patiently for the breakfast
table to be spread, was fined IS, and advised al-
ways hereafter to meet the enemy on full
stomach.
COURT OF GENERAL SESSIONS AND COMMON
PLE.s-Hon. F. J. MOSES presiding.-This was
tho day set apart for the trial of Messrs. L. u.
BoAa, JOHN CLANCY and JoHN T. McDowALL, on
the charge of murder, being the principal and
seconds in tho lato duel, which resulted IN tho
death Of Z. a. Roe. Mr.. BoAa was represented by
W. D. PORTER, F. D. RICHARDSON and ASHER u.
COHEN, Esos. Mr.. CLANCY by VIM. WHALEY and
G. q. S1MoNToN, Esqs. MIR. JOHN T. MoDowAIL
by R. W. SEYMOUR and NJ. P. O'CoNNoR, Esqs.
Long before tho trial commenced, the Court
room was densely crowded, and great interest was
manifested in the proceedings. Before the wit
nesses had answered to their names, the Judge
issued the following order, which was handed to
the Clerk:
ORDER FOR New JURY LIsT.-For the pur,,
pose of forming new jury list for the District OF
Charleston the Sheriff is directed to procure from
the several Tax Collectors within SAID Dlsulct
list of all citzens assessed for taxes IN tne ta3
collection limits of each of such collectors, and
who shall have paid their taxes for the present
wear (Which list the said Tax Collectors are requr
ed to furnish the Sheriff between the 80 ana lVtn
days Of July next); and from tho said lists tn the
Sheriff of this District, with the assistance OF the
Clerk OF the same, is required Immediately, on re-
ceipt thereof to transcribe upon tickets each con-
tanning one name the name OF all persons contain
ed in said lists and also upon other like tickets,
the names again written OF oil cltlzens whose
names appear on such lists who live within the
city of CharIeston which tickets shall be ready 70
be placed in tho Jury Box during tho present
term, 80 that therefrom tho Grand and Petit and
Common Pleas Jurors, to serve at the next term'
may be drawn.
The Clerk proceeded to call the list Of Jurors,
and after number of challenges, eleven men were
chosen, and the panel then being exhausted, the
| counsel for the defence stated that MIR. g. l..
BURcKMEYER's name was omitted, and demanded
the right to have it called. This was objected to
by the Attorney General, and discussion arose,
which was decided by the Court in favor Of the de-
fence, and Mr. BURoKMEYER's name being called
he was chosen, and the following Jury organized:
A. J. Salinas, foreman; John Davis, w. 8.
Adams, John C. Stokes, 7. P. Chandler, A; Dufort,
J. J. Boyden, NJ. E. Lopez, James Whipple, John
R. Read, d. Klatte, q. L. Burckmeyer.
Al, &hoH nd QH-
dressed ty the Attorney General on the nature OF
the crime whereof tho prisoners at tho bar stood
charged, and the difficulties that beset the State
in the prosecution. Eight Of the most distinguish
cd members of tho bar conduct the defence, while
tho counsel for the State is still tho same. The
Attorney-G General stated that he would neverthe-
less not shrink from his duty as prosecuting OIL
cer that neither fear on the one side, nor favor or
affection on the other, should swerve him from
that path. He then quoted from legal authorities,
those passages that described the crime OF MURDER
and how it was considered by the State laws.
E. NJ. WHITING, ESQ.,, the first witness for the
prosecution, deposed that he was called upon on
The afternoon of the 10Th inst. to sit upon the
body of EDWARD A. Roe. Went to where he was di-
rected- The -Four Mile House. Body was laying in
the back room of the Oak Grove Tavern; was still
alive, DR.. II. B. HoRLBEoK attending. Wound
was on right side, below nipple. Mr.. Roe
died short time after; brought body to
CITY and placed it in the dead house Of the Roper
Hospital. Authorized DR.. HoRLBEcK to hold post
.nortem examinations; has bullet taken from
wound.
The autapsical examination Of DR.. 81. B. HoRL-
BECK was submitted to the jury by the Attorney
General This is the same as was shown before
the Coroner's Jury.
THOMAS 81. HAWKINS, the second witness, re-
peated substantially the same testimony he had
previously given at the Coroners inquest, with tho
exception that Roe came in the bar room and
statAd that he would fight BoAa, and would have
his id heart. McDowALL then called Roe
out, and they had private conversation together,
after which Roe appeared cross.
GEORGE G. CHAPMAN also repeated fha testimony
given before the Coroner. Knew both the prison.
ers and the deceased the latter during and since
the war; knew Of disagreement between the par
ties, and heard that trouble was anticipated, and
went up to tho Oak Grove to prevent any fight;
while up there saw Mr.. CLANCY and CALyo ride up;
T. G. BoAa asked him if he had received his note;
said he had not; did not know Of The fight CLAN
cy tried to stop the fight and said he did not in
tend BoAa should fight, as MoDowALL, RoE's
friend, was tight, and under the circumstances, he
did not think Mr. DoAa's life should be trusted in
bis hanos.
Cross-examined by Mr.. RICHARDSON, who, be-
fore putting the quston placed the features Of the
case before the jury. Mr.. CHAPLAIN stated THAT
nearly one hour was employed in endeavoring to
adjust the difficulty. CALvo, CRAMMER, CLANCY,
and deponent were engaged in this work. Applied
to MoDowALL to 60 to Roe and ask him to retraot
the language. MCDONALD went and returned; did
not succeed. Deponent did not know Of his own
self what had caused tho trouble. At the ground,
CLANCY said to BoAa, in the presence Of others,
don'L mind it, what he says can't make it so. De-
ponent was not present when BoAa charged Roe
with absurd language was present when Roe
asked BoAa if he had knife the others on the
ground were endeavoring to adjust the difficulty.
Roe had his hand in his pocket, and when he fell,
it dropped out Of his pocket. Knew Roe had o bad
reputation, dangerous man, strong, few men his
match, desperate in fight. He was q terror to
the community in which he lived.
Cross examined by NJ. P. 0'CoNNoR, ESQ.,: Went
to the ground to stop the difficulty; Mr.. MoDowALL
was quiet at the ground when the party were con-
ferring, and aided them in ondeavoring to make
settlement RoEs conduct was such that it was evi-
dent he would fight any how; saw Roe fall; went
there and showed MoDowALL the wound; he was
standing near HEARD; MoDowALL was perfectly
cool; deponent left him at the body when he
went to the city.
Cross-examined by Mr.. s1MoNToN Saw CLANCY
when he arrived on the ground and used all Of his
efforts to make settlement; finally said ''if you
viii fight, shall have to give the word" They
had called for the word previously.
c.. A. CAIvo, who had also testified before the
Coroner took the stand and repeated the evidence
given on that occasion. MCDONALD appeared to