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

from. The, ;acc1irenee-9.Ibiy,.2 K. iufy. fAttly
and inp3rtiany. He asks noE6ipa hnta
fair trial, according TO- The exi1ance, and
upon that evidanee he will ask; an
acqqittal; thai the homicide vas CON.
mittad in salfydeience and iast1aable.
Every being is bound to protect .his life;
il he violates this duty, he is liable be-
fore God: to answer as self-mhtderer.
+ is his duty. to himself. his country and
his God. The counsel has offered the
law with regard TO- self defence, the same
that intended to offer. The principle
is to retreat, il possible, and hot be
guilty OF vioience, Dnless absolutely ne.
oessaFy. There ere cases Hhere man is
not bound TO retrest-:he rigks t9, stay in
his house, for instance. This was. an
inn, or restaurant; hut man has Tie
same right to maintain his position as II
in his own house. he is not bound to
retreat under such circumstances. This
gentleman was eating his dinner at the
time Of the attack. Was he bound to
run? No; he ,was chatting with his
friends. There are other Gases when q
aan need not run-where the attack is
sudden, and so violent that be may fear
to run. on account OF dapger He can
not call the law to his aid. The law does
not mean to make men cowsrds. From
soo SGpbAhhSAJl -HoS tAbE6 Q0L QnOReE
upon him? Where powder is seen upon
. man, they must have been close. These
experiments are no test. Different kinds
OF powder show different results. II
there had been no assault, there would
have been no killing. All I ask is, put
yourself in the place pt the defendant.
He knew nothing Of Caldwell's advice to
Melton, not TO. make the attatk. Put
yourself in his place. and give a tue
| verdict.
Mr.. Dunbar, for the prosecution,
thought the counsel jnst seated implied
that some sympathy against the defend
ant existed. Such is not the fact. Sym
pathy is always for the defendant. IF
we have facts enough to prove that he
killed without provocstion, after boast
ing OF the fight he was going to put up,
then We ask for conviction. The testi-
mony OF starke is that he found Melton
and Montgomery between Caldwell and
Upper. He separated the combatnts;
there Topper was stili-aiter killing one
man, seeking to kill Morgan-this was
positive proof ofmalioe. There is proof
that Richard Washington vas in the
room. His testimony is corroborated
by Major Morgan. Melton, so says Ri
chard Washington, came up 70 Montgo-
mery and felled him with two blows.
Them while prostrate, Caldwell and
Morgan Cauhe in TO take off Nation, and
Tuppar, stepping back, Ares aoross ihe
PROSTATE bodies oi Melton and Montgo.
mery at the diamond bin Of Caldwell
and shoots him through iths heart. Oald.
we'll ran to prevent an altefoStion. After
the two shots were AIRED, AtdtHsn
stepped across to seize Topper, and
Tupper tried to kill him. That accounts
for the delay bslore tho third shot. MIR.
Dunbar continued at considerabio length
He denounced the prisoner as.3ts malig.
nant murderer" and referred to the
crime as ''damnable." &c. He spoke
during the hour preceding the recess of
The Court 1e.assembled at 3 O'Clock,
when James D. Tradewell, Esq. ,laed,off
Tor the defence, in reply to Mr. Bupbar.
Captain Tradewell was laboriDg under
severe physical indisposition, having but
partially recovered from recent illness:
consequently he was compelled to read
his argument. which, though lacking the
force with which his oratorical; ability
and vehemence OF expression wonld have
given it, was replete with argument,
citations Of Law and summing up OF evi.
dence, which elioited marked attention
curing lt6 EeaoinR. De referred to the
gloom cast over this community, even
over the entire State, by this tragic oc-
ourrence. The deceased, husband and
father, affeotionate and kind, genial
companion. brave soldier and useful citi.
zen, fell in his blood in public bar
room, in the presence OF Judge Of the
law, whose quarrel he espolsed. The
Judge engaged in o riot. In violation OF
the oath which lie had taken as con.
servator of the peace. Geo. Tupper is
now on trial for this homicide. The
indictment charges him with killing
John D. Caldwell with malice afore.
thought. That he did kill him, is me.
lancholy fact; but the whole moral guilt
rests on others. The prisoners defence
may be safely rested upon one OF two
grounds; first, that the act of homicide
was committed at the moment when the
prisoners attempt to prevent the
perpetration Of known felony upon
the person OF Montgomery by Mel.
ton was resisted with arms by Cald-
we'll, in cooperation with Morgan;
second, that the prisoner. being as.
saulted by Caldwell and Morgan. com.