The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-09

3!MprAHp, III ~ bIo ueHt O!U pEuU mo1nef
Of thA deceaaed . dsaolation and q ruin.
witR ao%pre light IN sher heart than in H.
her, ,sigheless, ay5.halls. You have broken
the heart Of the aged mcthsr Of thS rsle
soner. leaving It q dreaty waste OF woe;
wounded to death the spirit of the wife
OF bis atectiops and covered the sweet
bright lives olthis little ones with night
Of, sorrow. which no sunshine of their In.
ture, however resplendant, will ever dis.
pei; You have dfshonored the erlnine
with which your county entrusted you..
10q have befonled' the. judgments eeat OF
tue law to which your country promoted
yon, and tiYen the heart Of rYonS people
with peahlent bolt all staihsd With
guilty blood. Counsel concluded By say
ing that the, defence testeds on, ths evi-
denoe a5d Pfi19tplea 9f law, which; could
quenoS, lie. Would polr if mon tha:aonrt
ssa ss |qsy to ;sy the aatl Of
Gen. M, O.; Butler followed Capt
Tradewell on the same side. He said
that the case had been marrow we'd down to,
one Of Two things-murder br killing In
self defence; and be proposed to safety
the {oES that this killing was an :aci of
self=defence; not by the hw only, but By
the facts as sworn to by tho witnessss
Qpop. the stand. He then summed tp
the testimony, and read extracts from
authorities to sustain the plea OF the
prisoner. Hhe' right of self defence is
'tonnded in nature, and cannot be- regu
. lated by law or society. The p1oseeu-
iSion bad compared the prisoner TO Cain.
,Dain eecaped;' had the prisoner attemptI
ed 70 eeeape7 No; he hasi iooms, betore
dow that hStis here jhe is charged bv TIA
'iprobeeution With being smsaiEusnt inur,
derer M4blask Heated, = daan3hSSle n,ir!
deres, and IDOL. liEs ssi6ns. Does Dos
: tho State desire oria, tha 6tate;s ofaee1
warranted in;exhibiAnH. stl6h spirit ID
this prcsecatioh?' Surely not We have
cp9t7 mp the plea Of 5elf-detenee.. and
rhaye,sho1p BIZ the evidence thaI the pri[
csopAt Chad. reasonable. apprShed MON. .bi
;gt3M bodily harm; and iiFed t:nDod iaId
slf(HlSd the man at1vaneing npop Gih III /
menaclng attitude, He did no muir muir
dsr3s he killed an aassaiisntri1u7 aaib
-ae9Sp4e. Gentlemen. THE Saf1i1e Aboht
:thAHkhg is a'seriouB mattAF.o YpI nAkfGAhbk;
:hapRS man on slight testttnanI; It'll /.
csetinus matter to talk abont snspendipk.
mahbetween heaven and sSsHshi sas ludts
q NJ E dwell in either: place: Tapt ID
sss t:a. ths = ~ iaw & enforced aa pa3isf pE ja4-
.ASS - :N0 AV.u8 duu Mo 0o00S ) IS pro-
tecnpn to society; but 10 must be accord
ing'te TIE evidence, 9 Ths pfoseensioS ID.
CALDWELL sefsmly.t WY II e. 'tSisS. The b,
Stats sqLc:y does not ideaissiShe blood Of
the hqHbleat ~: her oisia6xSI I do not
wish 70 Invade the privacy; Of tia hmily.
OF deoeaaed or Iqdit The, Vei1? OF ,sahptity
from his grave; ,fpS be IL Erom ne to take
one title from his manliueas. Integrity
or bravery; not ono laurel would take
from his brow, placed there BY council
Tor the State; but rather, were an
a1tist, would I pencil line here or .
: shadow there 20 improve the picture.
General Butler referred to Judge Mel
tons part-in the tragedy in severe terms.
he,thsn referred to discrepancies in the
testimony as given by witnesses intro.
duced BY the State, and showed conflict
ing statements in minor: particulars.
Aeierfet to experiments by Messrs.
Ialley' Yenmans pnd Janney, with
pistol, on white surface. at short range.
aud said the General Government oneht
to grant them patent or pension for
their great efforts in behslf OF science.
His sarcastic illusions to the experiment
created great humor in the court room,
which even developed in laughter, which
had to baarrested by the Court. he
made jooular illusions to the remarks Of
the prosecution, that defendants wit.
nesaes were good sort of fellows, and all
that sort Of thing; bat, then, you know
they would lie q little, just for friend:
ship. you. KNOW, He said that was the
style in which witnesses for the defence
were spoken of. He, then compared
statements Of witnesses for prosecution,
and showed conflicting statements.
Now, as to who has told the truth, the
jury must Judge. The witnesses for the
State wish to show Caldwell as peace.
maker, His peace was like that of the
Indian who puts on his war paint, seizes
his tomahawk, and takes the war path !;
his peace was like that Of the storm
which lashes itself into fury and de-
stroys everything in ita path. He was
no peace-maker. He was an assailant
Who put those marks on Tupper's face?
Caldwell: Who put those marks on
Caldwell's face2 Tupper. They were
in conflict. That was not peaoe.making.
II the State wanted justice, and was not
seeking blood, why not put up Witnesses
who had no interest in the affair? WHY
exclude them? No; the prosecution