The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-08

EuoSuot1ce o. me@t0n, or IQQpef; De sat
With his knife aid fork eating. Iion't
think thst Caldwell could have struggled
With Topper. without my seeing him.
Think that b9fh doors were open. C=ld.
we'll fell against the wall between the
| side door and the window. Did not see
Caldwell fell TO the floor. Don't: know
not.
q. o. Marshall testified-Was in Co.
lumb!a the day that Caldwell died. Saw
Tupper about half-paet 8 OK 4 P. nj.
Don't know whether they were armed.
It had been rumored:that hostile meet
ing would take place between Melton
and Montgomery, and asked Tupper if
! the meeting had come off, and he said
no; but .he had met Melton with his
great friend-Caldwell was with him;
that he had carried his man right up to
Melton, and that Melton had done no.
thing; if he had. bis man was ready for
him, and he would have gone for Call-
| well; that he was man he would as soon
shoot as not. That Montgomery had
put himself in his hands, and he would
see him through. I took it for brnc.
He talked in his usual extravagant way.
He mentioned Guild wells name. I com
menced the talk.
J. P. Meeban testified: Was clerk in
PQllock's saloon on the 2lst of Septem-
ber, 1872. Saw chairs in the back din
ing room that day like those shown here.
Melton, Morgan and Caldwell came in
| fret and went up stairs, before Mont
gomery and Upper came in.
81. III. Meetzo testified: Was in Colum-
bia on the 21st Of September, 1872
Saw Tupper juat after the murder at
pollock's. Montgomery said. ''They
have taken everything from me-" Tup-
per said, g! have defended you and will
do it again"
Here ended the evidence for the State
The following Witnesses testified for the
defence:
Frank Elmore testified: was in
Pollock's saloon tho day Caldwell died.
dined there. Fielding and Taylor were
with me. Montgomery and Tupper were
there. When we went in, Tupper was at
the head OF the table. Montgomery on
his right. I was on Tnppef's left. Mel
ton opened and closed the front door,
then came in, put his umbrella in the
corner, and then went and threw his arm
around Montgomery and began to beat
him. While Montgomery and Melton
we're engaged, Caldwell and Morgan
came in and grappled with Tupper in the
far corner, at Tupper's right hand. I
heard the report of two pistol shots
while the three ,men-Morgan, Caldwell
and Tupper-were graphing. saw
Caldwell grasping for support, and I
went for Taliey. I saw Morgan with his
arm over Tupper'a neck. 1 told them
they had done enough, and they desisted.
Did not see Caldwell take hold of Mel
ton. Caldwell and Morgan grappled
with Upper Immediately after they
came in. could not at that time see
Montgomery and Melton. I met DR..
Talley at the door and returned at once.
When returned. Caldwell was on the
floor, his feet toward the door and his
head lying diagonally to ward the table
He was on his side, think. I saw his
face, and WAS struck with his counte-
nance. I had given an order for drinks.
Cross-examination-I had been in tho
room five or ten minutes before Melton
came in. I saw him when he frat opened
the door, but saw no weapon. He de-
liberately put his umbrella down and
walked to Montgomery. Upper rose
from the table about the time that Mont
gomery and Melton became engaged.
turned to get into place of safety after
Montgomery and Melton became en-
gagged. went to the wall and stood up
all the time. I stood against the right
hand wall as you go in. As eoon as the
affair began, I expected more than fist
fight. knew all the men we'll. Mont
gomery did not fall until the second
blow. They then fell together. When
Tupper got mp, he stood still. Caldwell
and Morgan did not get into the room
before Montgomery was down. They
must have gone over Montgomery and
Melton to get TO Upper. saw three
men locked and grappled together.
Cannot say which had hold Of the other
think they were struggling about q
minute. Do not know the position Of
the three at either shot Montgomery
and Melton did not get up until after the
shooting DO not remember whether
said anything about the three graphing
at the inquest. had conversation
with Upper that morning. Very likely
I talked with Upper about the diff
Guilty. knew Of it, and it is likely that
Tupper told me, but do not remember.
Do not know where Caldwell was when
he was shot. found pistol-it locks
like tho one shown me-over on tho
ground, beyond the alley-way. I saw #
Mt my re examination. I had sealed it
up. and identified it there.
Dr. T. IT. Darhv ayrprp. Enau Cali