The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-09-26

nication to Colonel Montgomery, re-
questing o meeting in Augusta, Ga, or
Charlotte, N. c., and at tho time, and as
an evidence Of the fact, Topper states
that he had made arrangements to OBJ
tain the same dueling pistols that were
selected for the Davega aud johnson
affair. At the Columbia Hotel, Colonel
Montgomery invited him (Tupper) to
dine ut Pollock's, and the latter told
Montgomery that he had told his family
that he would probably not be at home
to dinner, as he had al important en-
gagement. Tupper aud Montgomery
then walked down to the Pollock House,
where dinner wan Immediately ordered.
They met there Mr.. Theo. Starke, an
old citizen and former Mayor of the
city, with whom O short conversation
was beld. Dinner being announced,
Colonel Montgomery and Tupper went
into the dining-room. Colonel Mont
gomery requested Topper to sit at tho
head of the table, and the latter did so.
NOTE. The head of the table faces the
door entering from tho bar. A side
door on the left Of the table leads out OF
the dining hall between the head of the
table and the entrance. Just at this
moment. Messrs. T. 81. Elmore, Field
ing and Lawrence Taylor came in.
Colonel Montgomery asked them to
dine. They declined, saying they had
ordered dinner. Colonel Montgo-
merry then asked them TO drink,
and beer was ordered for five persons.
The servant entered, and, at this mo-
ment, Tupper states he saw Capt. Cald-
we'll looking In at the door of entrance
to the dining-hall, and then close the
same. He did not think it at all strange,
supposing he was looking for some
friend. Half q minute had not elapsed
after this. when Judge Melton came into
the room followed by Capt. Caldwell and
Maj. Morgan; and, before Col. Mont
gomery had time to know of their ap.
pronch, he, Montgomery while sitting
in his chair, cutting piece of meat, was
violently assaulted by Judge Melton
several severe blows being inflicted upon
his face, when Melton fell on him with
his immense weight, causing Col. Mont,
gomery to reel from his chair on the
floor, Judge Melton upon him, continu.
ing his blows in rapid succession. The
prisoner states further, that before he
could offer any assistance to his friend,
Montgomery, he (Tupper) had received
a severe blow in his right eye. inflicted
with the fist Of Capt. Caldwell, the
latter having o pistol in his right
hand at the time, and remarking, as lie
struck him, (Tapper,) "By Cd. am
here" To which Tupper states that he
replied, $50 am IT. returning the blow,
which staggered Captain Caldwell, whom
Major Morgan struck him (Tupper) q
heavy blow over the loft OF the forehead,
and then both Caldwell and Morgan
rushed upon him very exoitedly, Crap
ping with him, (Tupper,) endeavoring
to get him to the ground. Tupper averf
that their treatment was very violent,
forcing him down more than once, and
pressing him to the wall, giving him nc
quarter OF all. Tupper states further,
that his opinion is, that he would have
been killed if Providence had not come
to his aid.
This is Captain Tupper's statement, as
taken down from his lips in the prison
During the time OF this fight, as stated
by him, Melton and Montgomery were
fighting on the floor, and continued to
fight until separated, after Caldwell had
been killed. The third shot, which
passed out Of the side door, above de-
scribe'l, struck in the alley-way. and is
presumed to have been fred at Melton.