The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-09-25

Pf6vIOu9 10 THO
Claims that he Acted Strictly I'm Self
D.fencs-Condition OF major Morgan
General Butler Retained as Tupper's
Counsel.
ESPECIAL TELEGRAM TO THE NRws.l
COLUMBIA, Tuesday Night, September "a.
Upon the commitment oft he coroner, Captain
Geo. E. Upper Is still confined In jail for killing
Captain Jno. D. Caldwell, of this city, last
Saturday. 1t Is rumored that efforts will be
atonce made to effect his release by an applL-
cation for q writ of habeas corpus. His
brother from Charleston, and others Of his
friends. nave arrived In the city. The Hon.
C. W. Montgomery, one ofthe parties engaged
In the fight, who was yesterday released from
confinement, by his own option shares the
tarss Of the cell with Upper. Captain Tupper's
statement of the facts of the afray offers wide
" from that which has hitherto been given. The
reporter of THE NEWS, In an Interview Win
the prisoner this evening, found him In as
cheerful q state of mind as the circumstances
permit. He occupies the roomy prison cell In
the jail In which the alleged Ku.Klux OF Union
were confined. Many people have visited him
during the day. Acct, bench and two chairs
make up the furniture Of the room. Upper
expresses much grief at the fatal result Of the
rencontre, but claims that the trial will show
that he acted In self-defence. The following
Is the verbatim statement made to your re.
porter this evening by Captain Topper, which
Is confirmed by G. W. Montgomery, who was
present during the interview in the presence
Of one other person. He says:
Colonel Charles W. Montgomery, his friend
of long acquaintance in Charleston, where
they both formerly resided, called upon him
at his residence on the night prior to the pub.
lIcatlon of his (MoItgomery's) card In the
Daily Phoenix, which reflected severely upon
Judge saml. ". Melton, and requested that
Topper should accompany him to the Phoenix
Office, and also that he should read the card
which he proposed to publish, and which was
to appear the next morning. Upper dressed
himself Immediately and went With Mont
gomery to the Phoenix Office. On the way
there Montgomery explained to him the artl-
Gle that had appeared In the Beaufort Repu6li-
can, giving the language OF Judge Melton IN a
recent speech at that place rejecting upon
Montgomery. Upon arriving at the Phoenix
Office, Montgomery showed the card to -Tup-
per, and the latter says he endorsed his
course, and the card appeared,the next morn
ing In the Phoenix. During the day OF the
publication of Colonel Montgomery's card,
Upper states that he was informed BY seve-
-, sn<lo,o,n <bot 10 ntoip Tobn n Halduall
had stated that he had telegraphed to several
points for Judge Melton to return to Columbia
Immediately and meet Colonel Montgomery;
also that Colonel Montgomery had asked Tup-
per to serve him as his friend In the matter,
and he (Tupper) had agreed to do 80. At about
one o'clock on Saturday afternoon, Colonel
Montgomery came to Tupper's Office and
stated tina Judge Mellon was on Main street
with his friend, Captain Caldwell, and asked
him (Tupper) If he montgomery had not
better show himself on the same street and
give Judge Melton an opportunity to approach
him II he should have any desire to do 30.
The prisoner states that he acquiesced, and at
about two o'clock Joined Montgomery, and
walked down Richardson street, the main
street In the city, On the west side, tor several
squares, as far as Muller's, at the corner OF
Lady street, and there met Mr.. James Bren-
nan, editor of the Southern Celt, and secre-
tary and treasurer OF the State Central Com
mlttee of the Boiling wing of the Republican
party, whers a conversation was engaged in
for about half an hour, when Brennan pro-
posed that the party should walk TO Pol
locks Saloon for refreshments, which they did.
There the party partook of beer. When they
came out Of the saloon on Richardson street
again, Upper states that he saw Captain
Caldwell and Judge Melton on the opposite
side of the street in front OF George Symmer's
grocery store, and he states that he observed
they recognized Montgomery and him Cup
PERI The opposite party then walked up the
street slowly, and when that party had reach
ed the corner by Peixotto's store, (the south
east corner of Richardson and Washington
Streets Upper asked Montgomery to walk
with him up the street, on the opposite aide'
in the same direction. Montgomery said
.syes, and they walked up the street slowly for
the purpose OF giving Judge Melton an oppor-
tunity to assail Montgomery, If he chose to do
10. When Judge Melton and Captain Cald-
we'll arrived at the Palmetto tree which stands
on the opposite corner from Peixotto's store,
they crossed Richardson street, and when they
reached the opposite side, the two parties
were but fifteen or twenty feet apart, both
walking up Richardson street, Upper and
Montgomery walking behind Melton and
Caldwell, : at a distance Of about twen-
" feet. When they had reached
the club-room door, about q square and a halt
from the corner mentioned, Melton and Cald-
we'll stopped, and as Montgomery and Upper
passed them slowly, walking along, the other
party faced outwards, when, Upper states,
that he ssluted both gentlemen with the
words, ''Gentlemen, good-day," the relations
between him tTupper) and both Caldwell and
Melton being of a friendly character. Colonel
montgomery at this time simply bowed
to Captain Caldwell. Topper states that Mont
gomery and himself then continued on ur
richardson street, stopping at the Columbia
Hotel about an hour and discussing the mat
Ter. He and Montgomery both concluded ano
agreed that Judge Melton did not Intend &c
assault him. Montgomery believing the same