The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-18
Rosi.e party. These .rtadavits cannot.

doubt 40 TO its iutisdictiGn; But as 70 the
nottee, the object WAS 10. Ecquaint the
parties With the nature Of theafidavita:
and IL the State was taken by surprise.
further time would be granted to rro.
oaSs counter.afldavits.
Gen. Butler then read the afidavit of
Col. VIM. Wallace. set ,ipg forth that
during the trial of Capt George Tnp.
per for the homicide OF JOHN d. Cald.
well, and utter the Court had ordered Che
jury 10 be placed in the custody Of the
Sheriff. he saw one of the JURORS. Mr..
Ehtiich. at large, In tho street, lnattend-
ed by either Oonstabie Of Sheriff.
The affidavit OF Mr. VIM. WaIlane. IT.
sets forth that "on Thursday. the third
Cay Of the trial Of Capt. George Topper
for the homicide or John D. Caldwell.
be saw ono OF the Jurors at the Colum.
bin Hotel, unattended by either Consta-
bic or Sheriff; And that on the morning
OF the same day, Just befose the meeting
lot the Court, be saw tho foreman Of the
jury, Green z. Williams, enter the court
room. unattended by either Constable or
Sheriff. and hold whispered copyersa-
tion with Mr. Janney, one of the prose-
outing attorneys; and heard bysfander
| remark, IN sllusion to this conduct OF
the juror aud counsel, that it was not
giving the prisoner fair trial"
The affidavit OF Mr. Warren Adams
was objected to by Mr. Janney, on the
ground that he had information that it
attacked the conduct of juror; and that
the juror had not been served with no
tice OF the affidavit attacking his con-
duct, but the Court decided that the
affidavit was admissible, and General
Butler read it, as follows: son the
| n1 n mi M NfF md L. ct
lore going into court, he heard Green
z. Williams, one OF the panel Of Jurors,
say that he knew he would be objected
to, as he had made up bis mind, and had
80 expressed himself in the presence of
one OF the connael Tor the defence, in the
case OF the State against Geo. Tupper."
The affidavit Of DR.. George 8 Treze-
Want was read. as folIeus: stBeinR q
warm personal friend OF the late John D.
Caldwell, npon hearing of his death, on
the 2lst Of September. 1872, he proceed
ed to visit his remains; and after the
post naortem had been made By Drs.
Talley and Darby. having carried the re-
mains home, in dressing the body, he
observed the marks Of violence on his
throat and forehead. The naarks ON the
throat were one on the left and three on
the right; scch as wonld be made by the
grasp OF the left hand otl q man .ppposed
were on both sides Of the head -.
The prosecution then ,shbrnittea the
anldavit Of MrI Green Z. 'Willisms, In
regard to lis CONDUCT ss set forth In The
affidavit Of Mr., Warren Adams, Tt
stated, ip substance. that. at 10 O'clock.
while ia tsar Si Mse ss osa les'ias ax
Office. within hearing Of General Butler,
he expressed, ID loud tone, the, hope
that he would not be put on the Jury, aa
be had made mp his mind in, regard to
the case to be tried; but that, this expres-
sion was not used as matter OF fact; that
it was for the purpose OF being heard by
General Butler, 80 as to escape service
on the jury; that he had not made up
his mind, and that he went on the Jury
without any prejudice or bias against the
prisoner.
Mr. Jsnney was called to the stand by
Mr. Youmana. ..,
Mr.. Youmans-You have heard the
affidavit of Mr.. VIM. Wallace, Jr., "a to
whispered conversation which you held
with juror in the court room; will you
please state that conversation?
General Butler objected to the intro
duction OF. the conversation itself; and
claimed that Mr. Jsnney should only
deny or admit haviog held the same.
The Court decided the conversation
as important, and Mr.. Janney said: On
the morning Of the second or third day
of the trial, Mr. Green K. Williams
asked n" .ho was to be foreman OF the
jury. I told him that I did not know,
but presumed that the Judge would al
low them to elect their foreman after re-
firing. That was all OF the converse
ton; and itw was not whispered.
The arguments Of counsel in support
OF their points wac next in order, but
owing to the lateness of, the hour as
which the Court adjoatned, and the nu-
merous authorities cited on either side,
we are enabled to give bgt faint out.
line Of the naaupss iASwtiok they pre-
Of the Court. - - =. - -
Mr.. T.sdewell argued in support of
the first and second grounds upon which
the motion for p new trial Vas based, but
principally the first. He said, that the
State has right to challenges, is undis.
puted, as equally the right Of the. pri.
soner. Under the General Statutes of
1871 the State haa tha riobk ~ oI,iook , !,