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

fanswer TO sqdSstiop, witness Teblied,
that this conversation referred to the
difficulty between Melton and Montgo-
81. T. J. Goodwin sworn: Know the
prisoner at the bar: Attended him as q
Ephysioian. Prisoner WAS in very weak
condition ut the time, and previous to
this difficulty; was, at the time, prescrib-
ing touios for him. Saw him that even
ing at the guard house. Prisoner had
! two bruises on htB face-one above the
right eye, and the other below the left.
The court re.assembled at 2 O'Clock.
Frank Fielding was called, and testi.
| fed as follows: Reside in New York;
was In Columbia September 81, 1872; at
Pollock House about 4 o'clock P. III.
that day; WAS in dining room down stairs.
in company with Frank Elmore and Law
renee Taylor; found Montgomery and
Tupper in there; Montgomery asked us
to dine, bnt we declined; Montgomery
asked us to drink, which We accepted;
the order for drinks was then given to
the. waiter; the. door leading from the
dining room to the bar room was closed;
Immediately after the order for drinks
had been given, the door Was opened by
Judge Melton; he looked in; I saw be-
hind some persons. whom afterwards
discovered were Caldwell and Morgan.
Mellon closed the door and retired; but
Immediately after he opened it again and
walked in, put his umbrella in q corner,
went up to Nontgomery. caught hold OF
him and struck him; both went to the
floor in their struggle. Tupper was. at
head Of table, facing entrance, Mont
gomery on right, Taylor, Elnere and I
| m Of \. ~
Montgomery and Melton, fell, Caldwell
whether they passed Montgomery and
Melton; for the frst time after the be-
ginning of the difficulty, now noticed
Tupper; he WAS standing near the wall,
back OF and by his seat; Caldwell came
up to and grappled Tupper; while they
were in conflict, heard two ehota; Cald
we'll Immediately after fell toward the
two men on the floor; saw Morgan and
TupPer engaged in struggle, in the
course OF which they moved out OF the
room into the yard; was there all the
time; did not see q pistol until Morgan
and Upper moved oui of dining room;
do not know who had it; it was q blue
bronze pistol; had no feeling or inte-
rest in the difficulty; saw no servant in
the room; think he went for the drinks.
Morgan and Caldwell came in imme-
diately after Montgomery and Melton
fell; they rushed in.
BY the prosecution-Did not know
Montgomery and Upper were in the
dining room, until We reached the bar;
there was about half minute between
the two openings of the door by Melton;
Melton walked teisurely to Montgomery;
did not notice Tupper untiiafter Mont
gomery and Melton fell. I saw Upper
with pistol about 10 O'Clock that morn
ing. at Dr.. j. J.. GoDdwyn's Office; Mont
gomery was present ut the time; both
were armed; the subject Of conversation
was the card that had appeared In the
DAJLT PHGNIx 4hat morning; some one
said he had heard that Melton had come
to the city to answer the oard;.I don't
know who made that statement; there
we're present some five or six persons,
but don't know who made the remark; the
card was not read there; saw the card for
the first time on day OF publication in
the PHGNIx; Montgomery and Tupper
each had pistol; WITNESS described
them;] they were exhibited while con-
versing about the published card; heard
no threats by either Montgomery OF
Tnpper; after leaving DR.. Goodwyn's
| ouCes ucAt eA" AuppoH Nv SOluUUlA
Hotel, about half-pass O'Clock; did not
go there for the purpose OF seeing Tup.
per; Tupper said Caldwell and Melton
had passed Montgomery and himself on
the street; he did not think Melton would
do anything about the matter; Topper
said he was Montgomery's friend; be
had been consulted about the card; did
not say he was averse to its publication;
I cid not know of any communication
to Tupper and Montgomery that Cald-
we'll and Melton we're as the Pollock
House.
Mr.. Youmans-Did you convey com.
municationeto Tupper and Montgomery
that Melton and Caldwell wore at the
Pollock House?
Witness-No, sir; emphaticelly deny
knowing anything Of any communication
Of the kind. I have never stated that
knew anything about any such commu-
nication. I Iteatitied before the Coroner
Sunday morning after tho difficulty
| witness shown manuscript recognized
it as his testimony; my present testimo.
| ny is the same; requested friend to
correct IN error in my testimony as pub.
lished in the PnES1x, as it was incor.
rect; I examined my testimony before
the Coroner, and nscertained that the
ruhlished versjon did not fsllv With ~.