The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-18

posite party. These ,snsd.vit. cannot.
therefore, be presented. {T#,',jii, -
b Tho Court: decided that there :~asi no
doubt % TO it, juf4Sdi dicti6n; but as to the
notice, the object was to- scti uaint the
parties With the natufeo theSHid vits:
and II the State wis taken BY surpfise.
further time would be granted to pro.
ouxs counter.afldav 81 ~
Gen: Butler then read the sildavit OF
Col. Wm. Wallace. set ing forth that
'.during the trial OF Cspt. Georue Tan.
per for the homicide OF join B. Ca}d.
we'll, and after the Court had ordered the
jury to be placed in the 6useody.of the
Sheriff, he saw ono of the Jurors. Mr..
Ehrlich, at large, III tho STREET, unattend.
cd BY either Oonstable Of Sheriff"
The affidavit OF Mr. Wni. Wsllace. Jr..
eets forth that ''on Tbursday. The third
Gay OF the trial Of Capt. George Tupper
for the homicide Of John D. Caldwell.
be saw one of the Jurors at the Colum-
bia Hotel, unattended BY either Consts-
bic or Sheriff; khd that on the morning
| OF the same day, jnst before the meeting
rof the Court, he saw the foreman Of The
Jury, Green 4. Williams, enter the court
room. unattended by either Constableor
Sheriff, and hold a whispered ,copyersa-
ton With Mr. Janney, one Of the prose.
o1ing attorneys; and heard byatander
remark, in allusion to this oondact of
the juror and 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 inforca alton that It
attacked the condnct OF juror; and that
the juror had not been seryed with a 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
morning Of Tuesday, the 9Th instant, be-
fore going into court, he heard Green
4. Williams, one Of the panel Of Jurors,
say that he knew he would be objected
to, aa be had made up bis mind. aud had
30 expressed himself in the presenoe of
one OF the counsel Tor the defence, in the
case of the State against Geo. Topper"
The affidavit Of Dr.. George s. Freze-
Want was read. as folIeWs: being
warm personal friend OF the late John D.
Caldwell. M nPon hearing ei his death. on
the 2Ist OF Septenbsr. 1872. hs proceed
ed to visit his remains; and after the
post mortem had been made by Drs.
ralley and Darby. having carried the re-
mains home, in dressing the body, he
observed the marks Of violence on bis
throat and forehead. The marks ON the
throat were one on the left and three on
the right; such &c would be made b5 the
grasp Of the left hand oi a man ,opposed
to him. The marks pr The iiorehead
we're on Pokh eides ef TIE hesd. VII,
+ The prosepati9p then yshbmittea The
affidavit OF. Mr. GIeen Z. .,Willians, in
regard to bis cond4ct 90 set forth m the
affidavit! of Mr., oVaf.sn. sAasms,..Is
stated, in substanqe. that. al 10 O'clock,
phe oh s. S;TnPg 9; ss Sh is:tin
he e1pressed, % "a a loud U s.1i tone. .ba s hona
that he would not be put on the Jury; as
he 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, 90 az to escape service
on the jury; that he had not made up
his mind, aud that he went on tho iury
without any prejudice or bias against the
priaoner. ;.
Mr. Janney was called to the stand by
Mr.. Youmans. a.
Mr. Youmans-You have heard she
affidavit Of Mr.. VIM. Wallace, Jr., ss to
q whispered conversation which you held
With Juror in the court room: will you
pleaSo StRte tnat COnFerealOnT
General Butler objected to the intro
duction of. the conversation itself; and
claimed that Mr.. Janney should only
deny or admit haviog held the same.
The Court decided the conversation
as important, and Mr.. Janney sai,l: On
the morning Of the second or third dny
OF the trial. Mr.. Green Z. Williams
asked me who was to be foreman OF the
Jury. 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 it was not whispered.
The arguments Of counsel in support
OF their points Was next in order, but
owing to the latepess of, the hour ut
which the Court Adjourned, and the nu-
merous authorities cited on either side,
we are enabled to. give bgt q faint ont.
line of the mAnpef infw6iGk they pre-
osp1sd Sc tSs da91. .5st5 consideration
Mr.. Tradewell argued in support of
the first and second grounds upon which
the motion fog p neH trial Pas, based, but
principally the first. He said, that the