The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-09


over honorable hovsfaf hrsvs, his stata.
uoent1 Mdbthe rsesty yatHith MANY nreins
pf allowance. Another point. Wien
The time oame for seleotina q jury, the
ffcsecahon, without Ssuse. ordered; cen.
tlemen OF INTEL 46hoe and capable Jurors
to stand aside; and ,thyP BeaAuse they
wanted jury ta convict; they wanted to
get some mihton Of theirs upon the iury.
We have no objection TO- the Jury ca com.
posed, but speak Of this to show the
spirit in which tho prosecution has been
conducted. 0alI5t hes why all this
was DONE, nnlesa thele.w was power be.
hind that was willing and anxious to
wreak its hands'in TuPper's blood. After
referring to other disafepshbies in States
testimony, the counsel said 80 Gentlemen
OF the jury. We; ~ oounsel, can do little
oE no more fox the prisoner ct tho bar; we
leave him in your hapds and in the hands
Of the court. When ron took Your oaths
9. jurors, :yon ,:bauished all your preiu.
dices. You will hold the scales Of just.
ice With Rn even hand. The State de-
manda That the law be executed with
truth. and Justice; you must do o'ius.ioe
and temper Justice with lenienoy. We
eTmpathizei with the family OF the de.
ceased. We regret the tragic event that
hasibronght to them weeping and sor-
r6H. We can drop saar on the grave
OF the departed. But, gentlemen, while
We y mpathizs with the dead, let Us re-
member the living; they have claim
upon our sympathy; they should share
in our feelings; ne mu ust save them from
disgrace and ignominy. The great State
OF South Carolina does not want the
blood OF any Of her citizens; il vindi-
eating Der honor, You need not consigu
one of her citizens TO infamy.
Mr.. Leroy IF. 2ounans, who had
conducted the examination of witnesses
on the part Of the State, and had dis
played great ability in disuharRine his
unpleasant daty, and who seemed NOT to
tire in his arduous lsbors. delivered the
eonclnding argument. He beuan by
saying this case is one Of importance 20
the prisoner at The bar; and every homi-
cide Is OF importance to the State. He
hsd hoped for restriction in the argu.
ment. bat it had been otherwise, and he
Wonld. pt necessity, take q wide range
OF reply: The last counsel for the de.
fepce.j With, zeal and perseverance,, ami
taadvefted upon the course that have
pnrsQed in this prosecution; 80 far az the
eharga ot 9nfairness. quibbling or lack
OF heaheroEty Eas intended for me,
deny it itemphatieally and entirely. And I
will say lfoE the gentlemen associated
WIN me. that have not seen any evi-
dance OF unfaifness on their part. The
1onQsei bad elRp taken occasion to ques.
ton, ule Propiety Of the State in secnr.
1hB 9le hessioes Of additional, counsel in
Eg9ndISAhg the prosecution. There is
no question Of the right OF the Solicitor
to. engage assistance in conducting d
pfoeecptionJ te has the right in Law;
fpe SAff Ettes 81 to him; he has it by
pk4pedent' ! The Solicitor is 3 gentleman
(youngin yearss lin experience and in t6s
PR3Sa nns we're ho 9 Rsyerdy johnson Of
7 btsh bety, consfdesing the proportions
tpa, dAaA pas. asa1rAd. and the array OF
LEARNED counsel displayed By the defence,
as Would be warranteddn securing addi-
t1t9fhal "a tFel! counsel. AZ TO my feelings in the
|PfosaonHon Of this case, have none;
hAve. none against the prisoner at the
BARI have only my duty to disohnrge as
oounse! for the prosecution; and 7 shall
dlscnarge It with just appreciation OF
tho case and my relation to it. Gentle
men, we have heard the bitler portion OF
tne very bitter speech In reference to q
gentlemanswho had held the high posi-
ssOA ~ VoV&0s L uhSo never D61Or0
heard such diatribes against man OF
position as have been hurled against
Judge Melton here to-day; while the
GARD of Montgomery's. which was bis
means OF qualification, had been decided
as inadmissible. Counsel went on to
show that Judge Melton had resigned his
office OF Judge, for the purpose Of enter
ing actively into political campaign,
and as candidate for another office.
which was political. not judicial;
but at the earnest solicitation of the 90.
lumbia bar. he again qualified as Judge:
and two members OF thnt bar have here
to-day denounced him in unlimited
terms. he referred to the feeling Mont
gomery's card engendered, and that the
public were expecting difficulty. Tup-
per and Montgomery paraded the streets,
armed to the teeth; Upper had walked
his man past Melton, and his great
friend, John D. Caldwell; and they had
dones nothing; sbng they have to stand
more than they Lave stoods ,Usldwell did
NOT urge an attack ,he urged Melton not
to make an astaoki tried to prevent him
from fighting; 'thisiis the apimus OF the
two men-the prisoner and the deceased
One boasts about his man; the other is q
paciacator. That is o question Of law +;
tue jury can only go on tho evidence ad-