Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1872-09-26

Witness and company took seats on the op-
posite side of the table. Montgomery asked
them to take dinner with him; witness de-
clined, saying they had ordered dinner.
Montgomery ordered drinks, and witness
thinks the waiter went out to get them. Just
then the dining room door was opened by
Judge Melton. He pulled the door open,
stepped back and closed the door he opened
the door again think he had an umbrella in
his hand; he leaned the umbrella in the cor
ner and walked up to the table on the same
side Montgomery was on. He walked up to
Montgomery, who was sitting in his chair, and
caught Montgomery around the neck with
his left arm; he struck Montgomery two
blows in the mouth and they went to the floor
about this time the deceased and Major Nor
gan came in the door that Judge Melton had
entered at did not see Tupper when he got
up; saw deceased and Tupper grapple each
other; Morgan was behind deceased; in the
scufle between deceased and Tupper, heard
two pistol shots fired in quick succession saw
deceased turn around and stagger toward the
table, and he fell over Melton and Montgom-
ery, who were still on the floor. Morgan
and Upper then grappled; whilst they were
grappling, saw pistol in the hand of one of
them; cannot say which; they went out Of
the side door together whilst fighting. Wit
ness then left the room.
MAJOR THEODORE STARK SWORN.
Heard two pistol shots while he was out
side, and one after he got into the front door;
when he entered the room saw Caldwell lying
dead Montgomery and Melton were fighting
when witness went in i; pulled them apart;
there were three shots fired.
THE VERDICT.
The jury rendered the following verdict:
"The aforesaid George E. Upper, in man.
ner and form aforesaid, John D. Caldwell
then and there feloniously did kill against
the peace and dignity of the State" &c.
THE PARTIES.
Captain John Caldwell was native of this
city, about thirty-one years of age, and served
gallantly through the late war. He was a
son of the late John Caldwell, Esq, and broth
er-in-law of United States Senator Robertson.
He leaves wife, two children, mother, sisters,
brother, and host of other relatives. The
wife has the undivided sympathy of every
one, in this, her triple afliction, having
within the past year, and while the husband
was beyond the reach Of communication by
mail or telegraph, lost two lovely children
within few days time. Her grief when the
news was broken to her by friends, was over
whelming. The genial disposition of the de-
ceased had won him hosts of friends who were,
in this trying ordeal, friends indeed.
Major James M. Morgan, who, with Mr..
Caldwell entered the dining hall to prevent
the difficulty, and who was severely wounded
in the shoulder, we believe, was also an officer
in the Confederate army, and is citizen Of
good repute everywhere George Upper was
also an officer in the Confederate army, and
moved to this city from Charleston about two
years ago, since which time he has been en-
gagged in the insurance business to some ex-
tent. Mr.. Charles w. Montgomery is ma
tive of Charleston and resident of Newberry
county, and for several years president pro
tenn of the State Senate.
The Phenir, of Tuesday, in relation to the
arrest Of the parties, says:
"a short time after the sad termination of
the recontre, Capt. Geo. Tupper, Major Nor
gan and Mr.. Montgomery we're 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 Immediately released
by Sheriff Frazee. And here we would in
quire into the justice of proceeding whereby
Mr.. Montgomery, the party assailed, was con-
fined, and Judge Melton, the assailant, was
released by the Sheriff: A high judicial off,
Ger is as amenable 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 a note,
stating that he 0he Judge) was the aggres-
sor, and that Mr.. Montgomery was illegally
under arrest"