The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-10-03
Interview with Capt. Upper, who alleges
that He Shot Caldwell In Self Defence.

.t'Picket," the Columbia correspondent of the
Charleston Neacs, visited the Jail in which Cap
tain George E. Upper is confined, on Tuesday
evening, and there found Colonel Montgomery
who, although, promptly released, voluntarily
shares the confinement and prison fare OF his
friend Upper. At the request of the cores
pondent they gave plain statement OF the
shocking occurrence at Pollock's restaurant,
and of the incidents Immediately preceding the
rencontre. The following is their account of
At the Columbia Hotel Col. Montgomery
invited him (Tupper) to dine at 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 an important en-
gagement. Upper and Montgomery then
walked down to the Pollock House, where din
ner was Immediately ordered. They met there
Mr.. Theo. Stark, an old citizen and former
Mayor of the city, with whom short conver-
sation was held. Dinner being announced,
Colonel Montgomery and Tupper went into
the dining room. Colonel Montgomery re-
quested Upper to sit at the head of the table,
and the latter did so. [NoTE.-The head of
the table faces the door entering from the bar.
A side door on the left of the table leads out
of the dining hall between the head of the ta-
BILE and the entrance. Just at this moment
Messn. F. II. Gilmore, Fielding and Lawrence
Taylor came in Colonel Montgomery asked
them to dine. They declined, saying they had
ordered 0.nner. Colonel Montgomery then
asked them to drink, and beer was ordered Tor
FIVE persons.
The servant entered, and, at this moment,
Upper states he saw Captain Caldwell looking
in ST the door of entrance to the dining-hall,
and then close the same. He did not think II
at all strange, supposing he was looking for
some friend half a minute had not elapsed
after this, when Judge Melton came into the
room followed by Captain Caldwell and Major
Morgan; and before Colonel Montgomery had
time to know Of their approach, he (Montgon-
ery.) while sitting in his chair cutting piece
of meat was violently assaulted BY Judge Mel
ton, several severe blows being inflicted upon
his face, when Melton fell on him with his
immense weight, causing Colonel Montgomery
to reel from his chair on the floor, Judge Mel
ton upon him, continuing 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
pistol in his right hand at the time, and re-
marking, as he struck him, (Tupper,) by Cd,
I am here" To which Tupper states that ne
replied, 30 am L! Ietufhit,S 'nS oio", "N
staggered Captain Caldwell, when Morgan
struck @ him (Tupper) heavy blow over the
left of the forehead, and then both Caldwell
and Morgan rushed upon him very excitedly,
graphing with him Crupper,) endeavoring to
get him to the ground.
Upper AYERS that their treatment was very
violent, forcing him down more than once, and
pressing him to the wall, giving him no quarter
at 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 Tuppers statement, as taken
down from his lips in the prison. During the
time of this fight, as stated by him, Melton
and Montgomery we're 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-
scribed, struck in the alley.way, and is pre-
sumed to have been fired at Melton.