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

IT$ Ryf &4saeD SooAAs " 1ASGNSAA4 - : ASe~Sy.s -
The court met at loA. n Present. s
Ohief Justice Moses and Associate Jus
tiessWright and Willard, s$ sst:ts = {
The Sixth Circuit was called: .Wms E.
Rose Us. G. r. Ratehford q 90. Htruok
off. -
In the cases of Morton, .Bliss s. Go. vs.
Hoge, Oompt.oller-Genere .eand1mus. Z.
On motion of the Attorney. General,
rule was made ieturinble' Wednesday,
June 4; reply to rule Monday: June 8:
hearing s5igned Tuesday, June 10.
The Oourt adjourned until Thursday,
9th, 10 A. H., when the case of the
State os. Eiohelbezger will be heard.
Observation-Disclosures for found
ling hospital THUS iar aud no farther.
! Punch has found man too lazy to
labor under an impression.
Do singers measure their time. with
the compass of the voice or with the
scales?
: twill no. be an easy matter to starve
out men like the Nodocs, who can live
on grass-hopper pudding and grow fat
op rat soup and lizard pie.
a burst OF eloquence has necessitated
q new roof on the Minnesota Capitol.
The secret of wealth is in learning to
soy, "Can't you take less2" !.
In Connecticut. they Jail o man for
debt, as il lie could help it. ';i
The newspaper world is to be. delueed
| with Vienna correspondence, good. bad
and intolerable. The great Prater Of
Yienna will raise au, extraordinary crop
Of little praters.
| ::-----.-.--,::.~ -.-.....
The TuPPRR-C CALDWELL HOMICIDE. -
Judge Carpenters Court was occupied
during the greater part OF yesterday, in
the examination OF with asses. The argu-
ment of counsel will begin this morning,
at 10 o'clock. Mr.. Charles F. Janney
will lead off for the State. ~.
Mr. James III. Morgan testified: L yrs
in Columbia on the 21st OF September,
1872. I reside two and half miles from
here. Game into town between and 10
A. III. Saw Judge Melton at half.past
IL O'Clock. Saw him few minutes,
Made an appointment at the club, but
did not keep it. Met him at P. NJ, at
Pollock's, up staira. John Caldwelkwas
with him. Stayed ons-half or: three
quarters of an hour. We venS dp&n
stairs. Melton went over towards She
bar. We went out in the rear Wken
we got to the side door, Caldwell said: /:
"There is Montgomery" I, auticipat-
ing a. difficulty, turned, and saw Tupper
| sitting. at the head of the table,. Mont
gomerIWas sitting on his left. Caldwell
said: Coed God -thereis the Judge
going in" Melton opened the door
end then closed il; then opened it and
went in. He walked down the side OF
the table. Upper then rose from his
seat and drew weapon, Melton threw
his arms around Montgomery aud struck
him twice. Upper fred, and Caldwell
wall. then caught Topper. He put
then struggled and fell, and his pistol
fell out Of his hands. We struggled
again. and I then heard Starke say that
Caldwell was killed. Saw Caldwell
oiling pistol up stairs. Caldwell said
it was rusty. Don't know why it was
| oiled. Did not know Tupper aud
Montgomery were in the room when we
came down. Judge Melton went in the
second time; he put down his umbrella
Tupper rose up simultaneously with
Melton's fall on the floor. He fred to-
wards the bar room door. He appeared
to aim, but ii is hard to say. The whole
affair did not take fifteen seconds. Don't
know the effect of the second shot.
Upper and Caldwell were from three to
five feet apart. Tupper and Caldwell
did not grapple that saw. Upper
bad moved out to the right OF his chair,
and Melton and Montgomery had gone
further back-hea1s to the wall. Mel
ton and Montgomery were between Tup-
per and Caldwell when Tupper fred.
Caught Tupper after the second shot
He said, after he shot me: II did not
want to hurt you-it was Caldwell. "
There was much scuttling between Mel
ton aud Montgomery and Upper and
myself. He shot me whom he was
against the window sill. We then strug-
gled out to the alley, Caldwells feet
lying towards the door and his body
diagonnlly across the room. Melton
and Montgomery fell together. Cald-
we'll staggered against the wall imme.
diately after the first shot. Tupper and
myself fell on Melton and Montgomery.
Their heads were towards the wall next
to the alley. don't know whether my
| FN.>t II l..