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

tue Whus sunk morgan 3kS IN tno room
when the first shot was ared.
at Pollock House September 81, 1879;
was there whom Caldwell was killed. be-
hind the bar; Melton. Caldwell aud Nor
gan were up stairs, Topper and Mont.
gomery in down stairs dining room;
party mp stairs rame dnWn ard settled
bill; Caldwell md Morgan walked into
alley by dining room;. Caldwell looked in
and turned back; Melton was slowly
walking toward the dining room; Cald-
we'll beokoned him back; Melton con-
tinued toward the door. when Caldwell
and Morgan caught hold iof him; Melton
afterwards opaned the door, stood q mo-
! ment and then went in; Caldwell and
Morgan, believe. disappeared in the
alley. The door was shut after Melton
went in;!never sow Morgan in conflict
Sith any one; did not see Caldwell and
Morgan go in the. dining room. I,heard
the firing;did not see r.. ~
Observation-Disclosures that Nor.
gan and Caldwell did not enter dining
room through the bar room; Caldwell
beckoned Melton back; Morgan and
Caldwell both tried to keep Melton ont
OF the dining reomi ,Msl.on, Caldwell
and Morgan were up stairs about ten
minutes when Montgomery aud, Tupper
cams in; the latter had been "a about ten
rninutes when the party: up. ssatrs came
down; about, ,ffeeen minutes then elapsed
before the shooting; heard three shots;
bullet mark on premises; did not notice
it before that evening.
Nj. J. s. G. Mayradt testified: # khsw
Caldwell; he was in my office three days
previous to his death. - a.a ysSs:
Gen. Butler-Does it come within
yopr knowledge that Caldwell gave Mel.
ton advice, or did you hear Caldwell. say
that Es had given Melton advica in this
matters? a--'"f "2G:l:
This question was objected 10 By, the
prosecution, on the ground that it was
the declaration Of Ithird parties, made
several days before The homicide; and
submitted that it was not competens tes-
| timony.! si.sE
The defence replied that the prosecu.
tion had brought out this testimony
wished to use it, they were Tungenerous
enough to object to it; that the prosecu-
tion was unfair. unganerous and quib-
bling.
The prosecution denied the charge of
unfairness, and waa proceediDg:to to reply
to the defence in o style thai loreshadows
the intensity Of feeling. With which tho
argument will be conducted, when. the
Court interfered. The Court decided
the testimony as competent, in that it
would show that deceased WAS An active
participant In the difficulty between the
principals; or it would show him as q
peace-maker. The question was taken
down by the Court, and the Court re-
auestea by the Solicitor TO mote the
States exceptions.
| The witness replied: Mr.. John P.
Adams, Mr. Caldwell and myself verein
front OF my Office; we spoke of Mont.
gomery's card; Adams remarked. "If
Melton takes that. he's q, a,eoward;"- Cald.
well replied. .:Dont Judge psmap before
| make him fight"
Solicitor Runkle asked tho Court to
strike out the answer OF the witness, and
to take it from the jury; but the Court
decided the testimony admissible.
Crosa-examined-Only knew Of diff
Guilty or unpleasansness between Upper
and Caldwell by conversation with each;
| told them there was no reason for it;
got them together. and they shook
hands.
MI. Lawrence Taylor testiHed: Waited
Pollock House on Septamber 21, 1872,
to dine; [witness named parties aud de-
scribed positions at tablet saw Melton
enter, as il to take seat; he extended
left hand, caught Montgomery by hair;
struck him; both fell; rose up; Morgan
/ and Caldwell then rushed in, and went
toward Montgomery and Melton. I
turned to leave; heard two shots; looked
back; saw Morgan up to Tupper; saw
Caldwell extend his arm, stagger and
fall. then went into bar room. When
all was over, went to the Jail to sec
Morgan; saw DR.. Taylor probing Nor
gan's wound; also enw Fielding, Bacot
and Melton. What the witness heard
Melton say at the Jail vas not admitted
Cross-examined-1 heard two pistol
shots; thought 7 heard third after I
had left the saloon; did not see any per-
son hive weapon in his hand; heard
the first shot after Caldwell and Morgan
entered the dining room. Montgomery
and Melton were on the floor when saw
Caldwell staggcr.
DR.. Talley, recalled by defence. said:
Major Starke, Mr.. Youmans and Mr.
Janney we're present when I made the
experiment on piece Of linen. Mr..
Janney fired the pistol; it was purely a
sniantifio aypari uont