The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-26

| ooat, fo nc Elnuy consented 10 COT " out az tht
expense Q. tho city.
draynun, who accidentally broke tho glasses
Of lamp, was sent to tho Gas Company, who vii
undoubtedly mako him pay Bmartly for giyins
tho ncighborhood moro light than tloy woro on
titlod to.
William jenkins and Sarah Addison, stgonl
man and lady OBJ color" who got into controversy
about pair OF shoos, and in which II appeared
that William did the grabbing and Sarah the
| shricking, wcro lnod each $5.
| An individual who had taken two sniftcrs before
| calling, anu was, consequently, found on tho
ronnd inccn up, waiting patiently for tho breakfast
tabio to bo spread, Was fined s5, aud advised al.
why's hereafter to meet tho enomy on n full
Htomncli.
! COURT OF GENERAL. SESSIONS AND COMMON
iLEAs-lion. Il. J. MOSES prcsiding.-This was
| tho tiay set apart for tho trial Of Mcsara. r. q.
l'oAo, Jolla CLANCY and JouS L. MoDowALI, on
Tho chnrgo OF murder, being Tho principal and
seconds in tho Iato duol which resulted in tho
death OF i. a. IoE. Mr.. BoAu was represented by
W. j. PORTER, L. d. RICHARDSON and AsIIIu d.
COHEN, Esqs. Mr. CLANCY by Wsr. WuALEr and
o. H. EDMONTON, l;sqB. MIR. JOHN Il. MUDowALL
by II. ". SEYMOUR and III. 4. O'CoNRoR, Esqs
Long boforo tho trial commenced, tho Court
room was denscly crowded, und great interest WINS
manifested in tho proceedings. Before tho wit
ncsses Ind answered to thoir names, tho Judge
| issued tho following order, which was handed to
| tho Clerks
ORDER FOR NEW JURY L1sr.-For tho pur-
Poso or forming now jury list for tho District Of
Gharcsion tho Sheriff ia directed to procure from
tho several Tnx Collectors within said District a
lisI OF NIL Stizens assessed for taxos In tho tax
who shall hnvo paid their taxoY for tho prcsont
year (which list tho said Tax Collectors requir
days OF July ne2t); and from tho snid lists tho
Sheriff of this District with tho asslsurrco uf thu
Clerk 81 tho same, 10 required immediately, ON
tanning ono mamo, tho namo Of oil porsonB contain
nd I'D snid lists, nud also upon other like tickos,
| namcs appear on such lists who 1.-Two within tho
city Of Charleston; which tickets shall DO ready to
DO placed in Tho Jury Dox during tue present
term, no tlat thcrclruIn tho Grand and potit and
Common Pcns Jurors, to servo at tho next term
mny DO drawn.
Tho Clerk proceeded to call tho list Of Jurors,
and nftor number Of challenges, oloven mon wcro
chosen, and tho panel thon boing oxhaus;ed, tho
counsol FOR tho dcfonce Htatod TINT Mr. O. L.
BURcEsErEn's nanlo WAS omitted, md demanded
lilo right to haro it called This was objected to
by tho httornoy-Goncral, and q discussion urosc,
which was decided by tho Court in favor Of the do
fenco, and MIR. BURoKMEYEn's namo boing called
he was chosen, and tho following Jury organizol:
W. J.
Adams, John e. Stokes, Il. L. Chandler, A. Dufort,
J. J; Boyden, Al. T. Lopez, Jnmcs Whplo, John
II. Road, ii. Klatto, o. L.. Durckmoyor.
Tho Jury wcro then sworn by tho Clork, and nd.
drosscd iy tho Attorney acnoral on tho nnturo OF
the crmo whoroof tho prisoners ut tho bar STOOL
charged, and tho difficulties TINT bosot tho State
i'll tho prosecution. Eight of tho most distinguish
od mcmbora of tho bar conduct tho dofcnco, whiIo
tho connsol for tho State is still tho samo. Tho
Attorney General stated that ho would neycrtho-
less not shrink from his duty ns prosecuting OIL
Ger, That mother fear on tho side, favor or
affection ON tho other, should sworvo him from
that path. Ho thon quoiod from legal authorities,
thoso passages thnt described tho crimo OF murder,
nnd how it was considered by tho State laws.
Il. NJ. WHITING, Esq., tho first witness for tho
prosecution, dcposcd that ho was callod upon on
Tho afternoon OF tho 10Th inst, to sit upon tho
body Of EDwAnp A. Roe. Won't to whore ho was di-
rcctod-thc Four Milo House. Body was laying in
tho back room OF tho Oak Grove Tavern; was atill
alivo, DR.. IL. B. IIoRIBEoK attending Wound
was on right sdo, below nipple. Mr. Roe
died short timo aftor; brought body to
city and placed it in tho doad house OF tho Roper
Hospital. Authorized DR.. HoRLpKoK to hold post
n,ortem examination; has bullet takon from
wound
Tho autapsical examination OF Dr. H. D. Hon1-
Goneral. This s tho samo as was shown before
tho Coroncrs Jury.
THOMAS II. HAwKrNs, tho second witness, re-
pcatcd substantially tho samo Testimony ho had
previously Givon at tho Coronors inqucst, with tho
exception that lioE camo in tho bar room and
stated that ho would fight BoAo, aud would have
his ID heart MuDowALL thon caled RoE
out, nnd thoy bad q private conversation together
after which Roe appeared cross.
GEoRaE @. CHAPMAN also repeated tho Testimony
given bcforo tho Coroner. Enow both tho prison.
crs and tlic icccasod-tllo latter during and since
tho war; know of disagreement between tho par
tics, and heard that trouble was anticipated, and
wont up to the Oak Grove to prevent my lgl,t;
while up tliero saw Mr.. CLANCY and CALvo rido up;
Il. e. BoAa nHkcd him if he had received his motto;
said ho lud not; did not know Of The fight CLAN
oy tried to stop tho fight, and sad he did not i'll
tend DoAa should fight, as MUDowALI. RoB's
friond, was tight and undor tho circumstances, ho
did not think Mr. DOAo's life should bo trusted in
his hands.
Cross-examined by Mr. RlouAnDsoa, WHO, be-
foro putting tho qustion, placed tho features OF the
caso before tho jury. Mr. CHAPLAIN stated THAT
nearly ono hour was employed in ondcayoring to
adjust tho difficulty. CALyo, CRAMhKR, CLANCY,
and doponont wcro engaged in this work. Applied
to MoDowAI1. to go to Roe aud AJAX him to rotract
tho language. McDowALL wont and returned; did
not succeed. Dcponont did not know OF his own
self what had cAusod tho trouble. At the ground
CLANCY snid to JoAa, in tho presence OF others,
don't mind 1t, what ho says can't mako it 30. De-
ponent WAS not prosont whom DoAa charged Roe
with absurd language was present when Roe
nskod BoAo il hc had knifo tho otIiors on tho
ground wero endoayoring to adjust tho difficulty.
Roe had his hnnd in his pocket, and whom ho foil,
it dropped out OF his pocket. Know Roe had o bad
reputation, dangerous man, strong, fow men his
match, desperate In fight. Ho was torror to
tho community in which he lived.
Cross-oxaminod by N. P. O'CosNoR, Esq. Went
to tho ground TO stop tho difficulty; MIR. MoDowAII
was quiet at tho ground whom tho party woro con-
fcrring, and aided them in ondeavoring to mako
settlement; RoR's conduct such that it was owl
dent ho would fight my how; saw Roe fall; went
thoro and showed MoDowALL tho wound; he was
standing ncar HEARD; MoDowALL WAS perfectly
cool; doponont loft him at tho body when ho
won't to tho city.
Cross-oxamined by Mr. sIHoNToN: Saw CLANCY
whom ho arrived on tho ground and usca all OF his
efforts to mako q sottiomont; finally said 'ii you
will fight, shall havo TO givo tho word." Thoy
had callcd for tho word previously.
O. A. CALvo who had also testified boforo tho
Coroner, took tho stand and repeated tho oyidonco
givon OH that occasion. MoDowALL appeared to
witness to DO in liquor, and ho saw him do or say
nothing 10 other BtDD or aiyaneo the affair nna