The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-09-24

again; think he had an umbrella in his
hand, which he deliberately leaned in
the corner, and then advanced to the
table, on the same side occupied by Mr..
Montgomery; instead Of taking O seat,
as 1 expected, he walked up to Montgo-
merry, who was still seated, caught him
around the neck with his left arm; struck
him two blows in the mouth with his
fist, when the chair fell over and both
came to the floor; about that time, Cnld-
well and Morgan entered by the same
door through which Melton passed
Caldwell in front; did not see Topper
when he got up; Tuppor and Caldwell
grappled i'll tho corner; just then, two
pistol.shots were fired; Morgan was be-
hind Caldwell; it was during the tussel
between Caldwell and Upper that two
pistol-shots were fired in quick success
sion; Caldwell staggered towards the
table, and fell on lis face: think he fell
over Montgomery and Melton. who were
still fighting on the floor; Morgan and
Upper then grappled, and while they
were tusscling, witness saw pistol in
the hands of ono of them-could not
say which. LQuestion by Coroner
Would you know it? No-think it WAS
pepper-bo1 style. blue.bronze pistol.
Tupper and Morgan tumblcd out of the
door whilst fighting. won't out at the
front door, as big crowd was coming
in. In rcply to questions by Jurors:
Heard Morgan say something to Tupper,
but could not tell what he said. Did not
hear Caldwell say anything. Doesn't
know how Upper and Caldwell got to-
gether. The table WAS nearly upset dur
ing the tussel. Montgomery and Melton
we're between Topper and Caldwell.
Could not be positive ns to more than
!wo shc.s. Did nct know that Morgan
WAS shot until afterwards. Does not
know whether Caldwell struck Upper or
not.
DR.. Darby testified: Was called to see
the wounded man-not knowing who it
was. Went into Pollock's saloon and
found John D. Caldwell lying upon the
floor. Applied his ear to his heart and
found him dead; judged from position of
the wound that he could have lived but
very short time. Tho ball entered the
| small breast bone. passed from the right
to the left side downwards, and came out
or WAS extracted from between the eighth
and ninth ribs, inst beneath the skin,
where it WAS extracted. The ball went
| into the right upper cavity and came out
of one of the left cavities. There were
no powder marks on the skin, but on the
clothes-showing that the firing was very
close. There were marks Of bruises Oh
the face, and fnger-marks and scratches
on the neck-left showing that
there must have been scuffle. There
was n confusion near the left temple and
mark on the right brow.
Coroner Coleman visited Mai. Morgan,
ut Judge Notions residence, for the pur-
pose Of taking his deposition, but the
wounded gentleman was under the inf1u-
ence Of chloroform, and could not be
heard.
Major Theodore Starke testified: WAS
induced to enter the Pollock House by
hearing pistol shots-thinks two while
outside and one in the front door-not
knowing who the parties were, but went
to put a stop to difficulty. Saw Cald-
wells body on the floor. Melton aud
Montgomery were scuffling; with little
persuasion and considerable force. sepa-
rated the parties; Montgomery was
very bloody. Called for doctor; saw
afterwards Morgan and Tupper scnthing.
The last pistol shot had dead sound,
different from the others-which may be
accounted for by the fact OF the pistol
being pressed against the body of Nor
gan.
Richard Washington recalled: Could
not identify the pistol. The pistol fell
from Mr.. Tupper's hand. LQuestion by
q juror-Did not see Mr.. Caldwell and
Mr.. Upper together.l
The jury, after five minutes delibera-
ton, returned the following verdict:
And the jurors aforesaid, upon their
oaths aforesaid, do say that the aforesaid
George p. Tupper, in manner and form
aforesaid, John D. Caldwell then and
there feloniously did kill, against the
peace and dignity of the State aforesaid.
Thereupon, the said George Z. Tupper
was committed by Coroner Coleman, to
await his trial before the Court of Gene.
raj Sessions.
In accordance with previous sn.
nouncement, at about o'clock Sunday
afternoon, the relatives and friends of
Capt. John D. Caldwell assembled at his
Lutte residence to pay the last sad tribute
of respect to his memory. Many years
have passed since we have been called
upon to bear witness to such fervid