The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-05
TIE CALDWELL HOMICIDE
Release of Captain Tupper Upon 81
Thousand Dollars Bail

TnouSAnd dollars Bail.
motion was made yesterday morning be-
fore Judge Graham, In the Court of General
Sessions, for the release on bail of Captain
George Tupper, who is charged with killing
Captain John D. Caldwell, at Columbia, on the
2lst of last September. Captain Tupper had
been brought to Charleston by Sheriff Frazee.
of Rlchlaud County, and appeared in court
yesterday In company with his counsel, Gen.
eral NJ. c. Butler and Colonel William Wallace,
and, upon the motion made by General But
Ter, the following order was issued by Judge
Graham:
It appearing In this case that the petitioner
and prisoner Is detained In custody, under Q
of the County of Richland, OF the State Of
South Carolina, and 30 detained for q oailable
offence, upon q showing by af1daVits, 1t IL
ordered: That the said prisoner be let to bail,
and that he enter into recognizance himself
| In the sum of ten thousand dollars, with Iour
sureties, each In the sum of twenty-five nun
dred dollars, to the State of South Carolina,
conditioned to appear In the Court OF Sessions,
to be holden at Columbia, IN and Tor tne
County of. Richland, on the first Monday IN
February next, to answer to bill OF lndict-
ment there preferred and found against Din,
the said prisoner. Tor homicide, ana tnat he
will not depart the court Without leave.
tis also ordered, that the said recognizance
be entered into before the clerk of the Court
of General Sessions Tor the County OF
Charleston, and forwarded to the clerk of the
said Court of General Sessions for the Said
County Of Richland.
Captain Tupper was released Immediately
after the Issuing of the foregoing order,
upon his own bond, signed by the following
persons: Mrs. E. Y. Tupper, 8. 7. Tupper,
WIN. Ladder and C. W. Montgomery.
The following are the affidaylts upon which
the order was Issued:
SOUTH sARoLINA-RICaLAND COUNTY.
Personally appeared before me Frank B..
Fielding, who being duly sworn, deposeth and
says that, on Saturday afternoon, September
81, 1872, he, together with Messrs. FRANKLIN
a.. Emore and Lawrence W. Taylor, went
Into the dining room In rear OF MIR. Pollock's
bar-room, on Richardson street, Columbia,
and whilst there witnessed the affray between
Caldwell and Tupper, which resulted IN the
death of Mr.. John D. Caldwell.
Deponent was sitting at the table, nearly
opposite Mr.. Montgomery, who had invited
deponent and the gentlemen who had accom-
panied. to drink. Mr.. Tupper was sitting ut
the head of the table, opposite the door opening
from the bar-rocm, Montgomery being be-
tween him and the door. Whilst sitting there
waiting for the drinks which had been order
ed, and for which the waiter bad gone, just
after the drinks were ordered, Judge Melton
partially opened the door, and deponent saw
some one standing behind him, whom he after
wards recognized as the deceased, John ID.
Caldwell.
Melton, after glanclng around the room,
closed the door, but In q very short time re-
opened 1t and entered the room, placed his
umbrella In the corner, and without saying q
@ord attacked Mr.. Montgomery, who was IN
the act of eating, and unaware OF his presence.
They fell to the floor together. just then
Caldwell and Morgan rushed into the room,
Caldwell In front and Morgan Immediately be-
hind. They passed over Melton and Mont
gomery, who were still on the floor, towards
Tupper, whom deponent then saw standing IN
the corner, near his seat, and near the wall.
Upper and Caldwell grappled; did not see
who struck the first blow; saw Morgan, Ca d.
we'll and Tupper scuf1lng In the corner; heard
two pistol shots In Quick succession, and saw
Caldwell stagger and fall, with his head
towards the door through which he entered.
Morgan being rhB stronger ui Shoo two, was
dragging Tupper towards the side door,
through which be finally succeeded In pulling
him. During the scuff1e between Morgan and
Tupper, deponent caught glimpse of pistol
In the hands OF one Of them; don't know
which; impression ct the time was that 1t was
In the hand OF Morgan. 1t was blue -5ronzed
pistol. and looked like pepper-oox pistol. A
crowd then rushed in, and deponenr left the
room. :,
tslgned) FRANK b; FIELDING:
sworn to before me, this 30Lh day Of Octo-
Der. A. D. 1872.
(sigued) F. w. McMAsTER,