The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-07


fence. raised the point. during the en-.
paperpg OF the -jMy, aEto RhethA5 she
Ssatesh bad the 4ghff 20 re5sot yprors#iIh.
ept ckhse, and 'stAtyh thfS it vas Stvefy
singular proceeding, so Var q his know
l6age extended. The JadgS; ruled that
the State could challenge fve, and when
the panel was exhausted and they we're
recalled, then the State must give cause
for the challenge. Before proceeding
with the testimony, the witnesses we're
ordered to be- taken from the Court
Room. The Judge discharged all the
jurors aud witnesses not in this case un.
til Monday next, at IL A. ri.
Major Theodore Starke was first called,
who slated that when he heard the shoot
ing he. went into Pollock saloon. .Heayd
three shots. twoihefare wentin aud one
afterwards. The intervals betwee1 tie
shots we're about dfinute; there was .
little more time between the second and
third shots than between the fkst aud
second. The second shot rang clear; the
third sounded dull. I went into the
dining room. and saw G.. ". Montgoms.
~. 8. W. Melton aud Messrs. Fielding
and Elmore. Mr. Taylor was in tho
second room, next to the third or
dining room. Montgomery and Melton
were fighting with their fists. The dining
table stands:East and West "A diagram
Of the room was here shown. The cor
rect length OF the room is twenty feet by
twenty and half feet wide. The table
is eleven feet long and four feet wide.
1 saw Mr.. Caldwell lying with his head
to the East, his feet West, by the side OF
tho table; tho table stood near the centre
OF tho room. Caldwell was lying face
Iiinwn hfs aknmoo5,
aud Melton were at the South west cor
Der of the table Melton had Mont
gomery down, holding him by the head
and striking him. They did not block
up the whole aisle. T told Melton TO
stop, that Caldwell WAS dead. then
pulled Melton off from Montgomery.
Hubbard helped me. did not see the
defendant in the rooms between 5 and 6
O'clock P. NJ.
John B. Hubbard testified: On the
2lst Of September. 1872, I was about
Pollock's saloon and heard three shots
they did not sound like shots; the sound
was a thud. The first two were the
nearest together. went in, saw the
doors open. both the aide and dining
room door. Caldwell was lying on his
face or side. When came up, he was
lying on his back. I separated Mont
gomery and Melton. They were at the
far right hand corner, near the little
table. Saw where ball had struck in
the ahed belonging to the kitchen.
Think the ball went through the side
door. considerably higher than my head !;
saw the defendant, Tupper, in the alley
way, at the side door, and q man had
him with an arm across his throat. I
saw no weapon. I thought Upper was
firmly held. saw the walters running.
Then I went in. saw no weapon in
the room. do not know that would
have seen any had thase been ono.
jumped over Oald we'll 'sBody. The same
evening. saw the deceased's throat; IL
was red or black and blue. Icannot say
if it could have been done by boot heel
thought he had been caught there. Il
was out OF the room ten minutes. Think
Caldwell was dead whom I went in.
went through the bar room into the
dining room, when first went in.
Chief Of Police Jackson testified: I
heard one shot before I got to Pollock's
I saw the crowd going, and ran there.
Caldwell was lying diagonally across the
| floor, upon his back. His feet we're near
his head toward the table. Montgomery
| W0o AZ sAo ooA -AOCf&As <A1boA WaS0e l. o1E
the marks Of bali in the shed-it looked
as though it was fired from the dining
room. I saw no weapon when went
into tho room. saw pistol. but it was
wrapped up, in the hands Of Frank Ell
more. IA shirt aud vest were here
shown. Tho bali entered the shirt:
Both were worn by deceased that day.
The deceased was about five and a half
feet high; about the size OF Capt. Tup.
per-perhaps little lighter.
W. @. Swsffield stated that he saw the
deceased lying upon his back. dead-his
feet toward the side door. his head to-
ward the table. DR.. Darby went in with
mo. l saw slight marks upon his throat
at that time. Afterwards. at the house,
when they laid him ont, saw one small
mark and one about three times rs large
| One was a small blue mark on one side,
the other larger upon the other side
The small mark was on the right side,
about as large as marble; the other was
as large az q good -aized peach. saw no
weapons. A small pistol was handed
me, think, by DR.. Talley, with other
things. The pistol shown DR.. Tai
ley was with me when received it. Dr..
Talley handed me diamond pin. The
| l. l. l.