The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-09-24
THE TERRIBLE TRAGEDY OF SATURDAY

THE TERRIBLE TRAGEDY OF SATURDAY
The INQUEST AND THE VEnDIcr-THE
FUNERAL.-The excitement created in
this city on Saturday afternoon, by the
killing of Capt. John D. Caldwell, oonti-
nuod throughout that day md night,
and even up to the present moment it is
the constant theme Of opinion. The
manner in which he came to his death
was terrible; but that he should have
been selected as the victim Of q feud
between other parties is equally SO.
There are many, no doubt. who are un-
acquainted with the circumstances that
eliminated 30 suddenly and unnaturally.
on last Saturday afternoon. A short
time back, there appeared a paragraph
in tho columns Of the DAILY PHOENIX,
culcd from the Beaufort Republican, re-
porting the proceedings Of Republican
meeting ut Spartanburg, in which it was
stated that Judge S. W. Melton had
charged tho Speaker pro tenn of the
Senate with issuing fraudulent pay Ger
tifcstcs. Mr.. G. w. Montgomery, who
was that officer, replied 10 the charge in
u card, containing language that We need
not repeat; but suffice 1t to say; it call ell
Ior resentment on the part OF Jud ge
Melton. At the time of its publication.
Judge Melton was in the up-country,
canvassing in the interest of the regular
Republican nominations The general
sentiment of the community was that. as
soon as both parties met, there would be
an encounter of serious character; but
how far was it from being supposed that
Capt. Caldwell would BIZ offered up as
the sacrifice on the altar Of political
feud between other partiesl The card
above referred to appeared in the PHG-
NIX, of the 10Th instant, and on Friday,
the goth, Judge Melton returned to
Columbia. In the early portion
OF Saturday, it was observed that
the opposing parties had met several
times, aud great uneasiness was mani
tested on the street at the prospect of u
probable encounter; but, AS time de-
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until late in the afternoon-about 1
o'clock. To sum up from the statement
publirhed in Sundays PHOENIX, Messrs.
q. w. Montgomery and George Tnpper
were seated in the dining saloon of the
Pollock House, where were present,
also, Messrs. T. II. Elmore, F. d. Field.
ing aud Lawrence Taylor. Messrs. S.
W. Melton, John d. Caldwell and James
NJ. Morgan were dining at the same
time in the upper portion of the Pollock
House. The subsequent acts in this
terrible tragedy are detailed in the testi-
mony adduced at the coroner's inquest
that is, that the gentlemen who were
dining up stairs came down; Caldwell
and Morgan walked into the yard
Melton went into the saloon where
Montgomery, Tupper and others were
seated; Melton attacked Montgomery
Caldwell and Morgan rushed in to sepa.
rate the antagonists; Tupper became in.
volved in the difficulty, in the course oi
which he fred two or moro shots. one
Of which resulted in the death of Capt.
John d. Caldwell, and another in the
serious wounding of Major James NJ.
Morgan. A short time after the sad
termination Of the rencontre, Capt. Geo.
Tupper, Maj. Morgan and Mr.. Mont
gomery were arrested and confined
Maj. Morgan was released after short
detention. Mr.. Montgomery was re-
leased the next morning. Judge Melton
was arrested, but was almost immedi.
ately released by Sheriff Frazee. And
here we would inquire into the justice
OF n proceeding whereby Mr.. Mont.
gomory, the party assailed, was confined,
and Judge Melton, the a,sailnnt, was re-
leased by the Sheriff. A high judicial
officer is as nmenable to the law as the
humblest citizen; and the same form of
procedure that would govern an arrest
for violation of the peace by the latter
should also apply to the former. We
learn from Coroner Coleman that Judge
Melton addressed him o note, stating
that he (the judge was the aggressor,
and that Mr.. Montgomery was illegally
under arrest.
AS announced in Sundays issue, the
Coroner adjourned the inquest, after
hearing tho testimony of L. II. EImore,
Esq, aud Richard Washington, until 10
o'clock, Sunday morning, when the an-
ne1ed additional testimony was heard:
DR.. A. n. Talley testified that death
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