The daily phoenix. (Columbia, S.C.) 1865-1878, May 07, 1873, Image 2

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eOLUMDIAy-Sr ~e I ii ?if 7 I i or B?n< jr*ite?fe I*. Or*. A oablo despatch, yesterday, announced the death of the .American Minister to the Ooart of St. Petersburg, Russia, Hon. Oamoa L. Orr. The oauso of bis death was inflammation of the lange, fxom which he had been a sufferer bnt a short time. His health has been feeble lor several- months, however, and there Is no donbt bnt that the terribly o old cli? mate of Russia told with fatal effect upon bis already weakened constitution. Minister Orr had ho?tp. of friends, -j He was a kind husband and father, and ? his afflicted-Wife and orphaned children will leel bis Toss terribly. His son ' was with him at the time of his death. Governor 0n> was born in Gray tonville, Anderson District, South Oaroliha, on the 12th of May, 1822. In 1810, he entered the University of Virginia, and, npon gradu? ating, two years'later, bega^ the study of law. He was admitted to the bar in 1843, commencing his practice in Ander? son. In .1814, he was eleoted to the | State Legislature from Pendleton Dis triot, and returned at the ensuing elec-J tion. In 1848, he was eleoted to Con? gress, and until 1859 was regularly re eleoted from his District. Being a mem ? ber of the State Convention which met in Charleston in May, 1851, when a.pro? position was made to withdraw South Carolina from tho Union,- he Opposed se? cession, on the ground of its inexpe? diency. Ha was Speaker of the United j States House of Representatives during j the Thirty-fifth Congress. In the Sonth Carolina Convention, which assembled ih December, I860, he favored the im? mediate secession of his State, and sub? sequently was one of three Commission? ers who Went to* Washington to treat With the General Government for the S?rreh?Tef of the United States forts in the harbor of Charleston. At the virtual commencement of the war he was eleoted Colonel of the First Regiment of Sonth Carolina Rifles, known as "Orr's Regiment of Rifles,'* bat was soon after sent to the Confede? rate Senate, by the Legislature, where he served throughout the war. In Jane, 1884, he introduced a resolution in the Senate, daring a secret session, to ap? point a commission, to meet a similar one to be appointed by the Federal Go? vernment, to negotiate a peace between the two sections. The resolution, after being debated ten days, failed a passage In October, 1865, he was eleoted, and in November inaugurated, Governor of South Carolina,, retaining the position until Joly, 1868, when the new State Government, eleoted under the Recon? struction Acts of Congress, went into power.. Under his administration. the State was thoroughly re-organized, and there was a oordial oo operation between ths> civil government and the military commanders in the department, Generals Sickles and Oauby. The public debt was not jnoreased ^ dollar during Governor Orr'H administration. In September, 1868, he was elect; d Judge of the Eighth Judicial Circuit of Sooth Carolina, re elected i? December, 1871, and resigned the offloo Deooniber 18, 1872, having been appointed Minister tp Russia by President Grant, and unanimously Con? firmed by the Senate on the 11th of De? cember laat. He was also? member'of the Board of the Centennial Commission, accredited to Sonth Carolina. And 'so, at the opening of the Uni? versal Exposition,. "the American de? partment was closed, looking battered and dingy." This was appropriate, as far as it went. The'American Commis? sioners had contrived to got ^up a na? tional exhibition of tho country they represented in advance.. They were de? termined not to let the Showmen of the art, science, industry and civilization of other nations get ahead of tbem. And they snooeeded, to the unspeakable won? der of all lookers-on. They were, in? deed, the most astoci&uiag specimens in the show, combining in their own per? sons and actions, so to speak, the moua gerie and its managers. HaviDg exhi? bited all their resources, in teaching Europe that the unscrupulous parsait of money was the national religion in Ame? rica, and that no inequality was tolerated in the great republic, save that to be found among scoundrels differing only in degree; and having tellingly illustrated the national pastime, to whloh the states? manship at Washington periodically un? bends itself,, tho Commissioners had no farther use for the American depart? ment. At least, it would have been coming down from the sublime' to tho common-place, to have given np the de? partment, after that, to the display of any less phenomenal and marvelous pro? ducts of free and progressiva Am er loa, than the Commissioners in themselves presented. , ff i nr iJMMi .1 * t** tbamam?axM ?^Th* dorr apt practices of 00% Government and its officials, ?o recently exposed and condemned by. tho Court of Austria, J.aj been no less signally rebuked by.'?the; Mikado of Japan. It hsts beenMfcer-j\\ tained that the request for the recall of. Minister Deliong. by the Japanese Go? vernment, was owing to bis having re? peatedly offered presents to the Mikado, although forbidden to do so. The soru pnlousness of the ruler of. the Japanese barbarians presents a striking contrast to the greedineas and indolioaoy dis? played by the Chief Magistrate of a country whioh we arc fond of terming the most civilised and enlightened on the globe. With Gen. Grant, the mak? ing of presents is the surest road to pre? ferment, and tHo larger the gift pre? sented the higher the position oonferred. With a few exoeptions, most of the im? portant offices under our Government aro" held by men who have made costly preson ts to the Exoohtive. The Western papers have started a strange report that the Indians have been for some time expecting a Moses to rise among their raoe and redeem the people from bondage. This belief, sub? stantially the same as officially stated above, has led the Indians in that belt of country situated East of the Cascade and Wejrtof Jthe. Rocky Moan tains, to longingly look for the coining of their deliverer, and to hail all unusual occur? rences as indioations of his speedy ad? vent. No ohief knows but that he may prove to be the chosen obb, and Csptain -Tank in his snooess will be greeted as such by great numbers of braves. I Taxes.?The taxes and tax levy are fruitful subjects of discussion. It is as? serted by many interested parties that the taxes in South Oarolina are less than in many of the other States. The fol? lowing extiaot from tho Baltimore Oa seit? gives a summary of the Maryland taxes: The Commissioners for Baltimore County, Messrs. D. J. MoCauley, Ben? jamin F. Jordan and Edward Rider, have completed the tax levy for 1873, and a most gratifying exhibit ia made. The'baais of taxation in the County for the present year is $46.360.000, being an increase of about 9787,000 on the basis of last year. Building, stooks, etc., have furnished the increase. The Com? missioners levy .a tax of ?lly -three cents on every $100. being the same rate as last year. The tax Trill amount to #246,655, and the following are among the items of County expenses: For.the Circuit Court, ?28,000; for the support of the poor at the alms house, 68,000; contingent expenses, 822,000; and sup? port of prisoners in jail, $10,000. For the public school fundv$6a,S90 is set; aside, and for the road and bridge fond $69,525, and $10,000 is appropriated to laying ont streets in/ Baltimore County. The aggregate foots up $244,460 as the contemplated ?xpenaes of the County for the current year. -The State tax, at seventeen cents on ,every 8100, will amount to $69,588.36. The State and ' County taxes combined amount to seven* ty cents on the $100. Nation Ali AonrorriyrUBaXi CoNonxss ? W. M. LaWton, Esq., of Charleston, Vine-President of this association, has presented as with a card of invitation. The following drooler explains the ob? ject of the meeting: Phest's Offiob. Chkjaoo, Mar., 1873. The next, being the seoond, meeting of the National Agrionltaral Congress, will be held at Indianapolis, Indiana, oommenolng on Wednesday, May 28, 1873. The ueoeaeary local arrangements for the occasion, it is now understood, will be amplo and complete. By the Constitution of this body, each State and Territory is entitled to two representatives for every State organiza? tion fostering agricultural pursuits. The United .States Department of Agricul? ture, agricultural schools and colleges with ' an endowment of not less than $20,000, and agricultural and horticul? tural uootetjcB of not less than fifty mem? bers, contributing to the support of this Congress, are entitled to one representa? tive euch. I u urging the appointment and attendance of delegates as thus pro? vided for, very little needs to be eaid. The purpose of the organization is to afford an opportunity, annually, for an interobangs of views and opinions upon all subjects affecting the interests of agriculture and its kindred industries, and to promote concert of aotion among those engaged in theso pursuits, in all matters relating to them and of national importance. The advantages to be de? rived from such a medium, even in ordi? nary times and undor ordinary circum? stances, aro quite apparent, and now that tho public mind is thoroughly aroused to the necessity of considering with tho greatest deliberation many questions touohing the industrial inte? rests of this country, there is good rea? son to expect a fall representation. No similar body has ever assembled in the United States, npon whose action rested a more serious responsibility than will rest upon the aotion of this iu many im? portant respects. I hope it will bo the pleasure, as it is certainly the duty, of every organization entitled to partici? pate, to avail itself of the privilege. The constituent bodies whioh have appoint? ed, or may hereafter appoint, representa? tives, will please notify the Secretary, Charles W. Greene, Jackson, Tennessee, who will in due time advise them of the subjects to be presented for oonsidora ion. JOHN P. REYNOLDS, Pres. Cm Mavtibs.?The price of *ldgle oopie* Ol thej^nrrxfa^^ea^..sfr* Too back-bone of the wlntsr la broken,' bat tho tail wag? yet occasionally. 'y Old newspapers fox sale at I^hom % office, at fifty othU a banond. j 'Mr. A. L 8olomoD, Gonnty. Auditor; has moved into his nsw offloe in Parker -Block. It is currently reported that seven con victe from the penitentiary escaped from the.gnard while out at work, yesterday. The Exeootive and. other officers in the State Capitol dosed, yesterday, out of reapeot to the memory of ox-Governor James L. Orr. Prof. LyBrand has resigned the leader? ship of the Firemen's Band, and Mr. 8. A. Oliver, a gentlemen folly oompetent, has been chosen to fill the position. Although one-fifth of the flowery month has passed, April seems loth to give ap, as illustrated) yesterday, by a ootd, disagreeable drizzle. Mr. Cunningham bas some flue stook for sale at Logan's stables. Persons in want of single or doable harness horses shoold give bim a oall. The publication of the Charleston Daily Courier hau been suspended. It waa issued for about three weeks as an evening paper. Prof. Boberts delivers an address, this evening, before the Faculty of the South Carolina University. Tho pnbiio is in? vited to attend. The Winnsboro News in in ecstsoy over a ball given by the Hook and Lad? der Company of that town, on Friday evening last. Messrs. W. D. Love & Co. advertise oheap goods for cash, at the Grand Cen? tral Dry Goods Establishment. They havo adopted the ossh system striolly. Gov. Moses is still in Columbia, and, as far as we can learn, has no intention, as the Union asserts, of proceeding to Charleston, "to perform the nuptial rites for two loving hearts." ' In response to a letter of inquiry, ad? dressed to Solicitor Buttz, as to whether a jury of inquiaition is entitled to pay, the samo as other juries, be says that on examination of the General Statutes, no j thing can bo found to warrant it..4 Prof. Sheldon, of Washington City, is teaching the yonng folks to "trip the light fantastic," in the hall over L?rick Sc Lowranoe'a nlore. He has a large class, but can accommodate more scho? lars. He brings excellent testimonials as to his ability. Tbo Governor baa appointed J. Molony and Henry M. Magwood, of Charleston, Notaries Public; James L. Strain, as Trial Justice for Union County, and Samuel Levy, as Commis? sioner of Deeds for this State, resident at Angusta. The Eoterpris) is the name of a new colored fire company just organized in Colombia. It nnmbers about forty men. Robert Johnson is captain. The mili? tary exoitemant?owing, as is supposed, to the Modoo troubles?is playing out, and fire companies are now the epidemio. Two accidents from kerosene ocoorred in this oity last week; bot, fortunately, there was no serioni damage. The great? est care is absolutely necessary in using this dangerous fluid. Messrs. Nathan A Peixotto have the safety lampa and fluid for sale. We return onr sincere thanks to Mr. O. Brookbanks and his newly-made bride, (formerly Miss Emma Lane,) for a pack ! age of wedding oake, for dreaming pur j poses. The mppy oonple departed on I their wedding tour, yesterday morning, via the Greenville and Colombia Bail I road. The Judge of one of oar courts having remarked of the verdict of a jury that he could not mako head or tail of it, one of the lawyers remarked that it was like a mermaid. "A what?" asked the Judge.- "A mermaid, your honor." "A mormaid ban have no standing in this ooart," gravoly suggested his honor. "Nor anywhere else," added the lawyer. People from whom sloop has beon ba? nished by the "wukos" bold by tho co? lored people over their deceased friends, can appreciate a certain gentleman's story of awake held in his native isle: "It ended in a scrimmage, in which the corpso got mixod up and was handled so roughly that they had to poultice hia faoe for two dayj before they oonld bury him." We learn that thero is a movement on foot, among tho salaried omployces of the city, for the purpose of forming a protective union, whioh will combine features of great advantage, both pecu? niarily and otherwise, to the clerk, me? chanic and laborer. There are now some sixty odd names on tho list? 100 boing required to begin operations. The list is in tho hands of Mr. W. J. Arranls, at the store of Messrs. B. C. Shiver Sc Co., who will be happy to give any information on the subject to those who desire to add thoir names. Tiff" MrT""? ?Thm innlamimfc ?M. , tb*r, hist night, operated unfavorably <T%-Pjrof.; Gerard. He will, however, weather perrajtfciea, pe^form-this even K''v? IrwitfU flail, and promises-to give $2* worth oi amuSemeQt for Dnlj M^tsv I 1 f - i * Btrpiunai Comrr, Toes? ay, May 6.? The Oonrt met at 10 A. M. Present? Chief Justice Moses and Aesooiate Jus tlcei Wright and Willard. The Third Circuit was called and tbo following ease heard: Robert E. Fraaer, re*pouuetit, es. Jan? Rose Fishburne el al, appellants, Mr. Spratt was heard for the appellant*. .French: Confections ? Something New akd Toothsouk.?Mr. McKenzie manufactures, it is well kDown, the very bestand purest oandy, etc., obtainable anjwhore; he also looks oat for the beet varieties of the P.-job article. He, yes? terday, received a lot of the latter?some of the varieties new and very delicate in flavor. "Ye,local" is a judge of saoh things. The Herald, of May 21, contains let; ters from Louise Mnhlback and Nuer bick, printed in German, giving full de? scriptions .of the opening of the Vienna Exposition on tho day previous. In addition to these German contributions, it publishes two others?one from Ed? ward Yutes and thejother from John" Hussell Yyliug.. This is the greatest stroke of enterprise in joarnali.sm ever accomplished, and the Herald in the greatest newspaper in tho world. Mail Abbanoements.?Tho Northern mail opens 6.30 A. M. and 3.00 P. M.J closet 8 P. M. and 11.00 A. M. Charles? ton day mail opens 6.15 P. M.; closes 6 A. M.; night opens 7.00 A. M.; closes 6.15 P. M. Greenville.opoua 6.45 P. M. ; closes 6 A. M. Western opens 6.30 A. M. and 12.30 P. M,; clones 8 and 1 P. M. Wilmington opens 3.30 P. M.: doses 10.30 A. M. On Sunday the office is open from 3 to 4 P. M. 13nowned.?The reoent rains caused ad overflow of several rivers and creeks, and, it is stated, considerable damage has been caused thereby. Mr. James R. Singleton, who teaches school iu tho vi? cinity of Big Lake, was in the city yes? terday, and reported that in that locality the stream had overflowed and a fatal accident, by the capsizing of a batteau passing from a house to a milt, had oc? curred, by which a man and a boy had J been drowned, the remainder oi the peo? ple being rescued with much difficulty. The bodies had not been recovered when I he left, and men were engaged in grap? pling for them. * Phcenixiana.?If you. are courting a girl, stick to it; no matter how large her father's feet are. If all other signs fail to impress him, a man will know that it is the house-' oleaning season by occasionally stepping on a piece of soap, which will throw out bis feet with a velocity bis spine will re? member for days at a time. The rooks in which the Modocs hide evidently belong to the kind known among geologists as Trap. In Milwaukee all the lawyers are judges, but none of the judges are law? yers. Always shut your bed-room door be? fore retiring. You may have to get up in the night, and dosing a door with yonr uobo is one of the lost arts. The modern Englishman now goes to Egypt for his consumption, but tho an? cient Jacob sent down thero for his oorn; and "dat ish the diffrenoe." The latest styles wedding and visiting oards and envelopes, tastily printed, can be obtained at the Pnazxix office Tiiiaij of Caft. Geoeoe TurrEB fob tue MUUDEB of caft. john D. OaLD wbll.?The Court ot General SessionB met yesterday morning, at 10 o'clock? Judgo Carpenter presiding. The case of the State vs. Georgo Tapper was nulled. As most of tho witnesses an? swered to their names, the counsel on both sides aunouncod that thoy woro ready to proceed with tho trial. Great iuterest has been manifested by tho citi? zens of all elapses iu this case, and con? sequently tho Court Room was thronged with spectators. Tho following getillo* mon are the counsel: For the State Solicitor Runklo and Messrs. LoRoy F. Youmans, James A.Dunbar and O. F. Jaunov; for the defendant?Messrs. M. c. Butler, James D. Traden ell, Wm. Wallace and John S. Green. The indiotment was read by the Clerk, charging the killing of John D. Cnldwell by George Tnpper, on the 21st of Sep? tember, 1872, in Columbia, S. c. The prisoner plead "not guilty," in a door voice. The empaneling of thojorywas then proceeded with, and it was formod, with but little delay, in the following or? der: ,-Tj-iop Goodson, foreman, Edward Ehrlioh, Thomas Lovott, Green K. Wil? liams, William Thomas, John Bahlman, Frank Miles, Geo. Lever, E. O. Plumor, William Roach, Josse R. Adams and Thomas L. Mood. The jury contained J*n,ghitoaad Iwnnnlrwrfl ? Theas were twenty challenges In ell. General Butler, of counsel for the de? fence, reiaed the .point, during the cm pajiettpg of the jury, attto Whethtf the Statetyad the rfghfto reject fororeiith cct oibse, and a tared thfi it.: was aprerj ?ipguler proceeding, bo far as his know? ledge extended. The Jodge ruled that the State could challenge five, and when the panel was exhausted and they were re-called, then the State must give cause for the challenge. Before proceeding with the testimony, the witnesses were ordered to be taken from the Court Boom. The Jadge discharged all the jurors and witnesses not in this oase un? til Monday next, at 11 A. M. Major Theodore Starke was first oalled, who stated that when he heard the shott? ing he went into Pollock's saloon. Heard threo shots, two before I wentio and one afterwards. The intervals between the shots were abont a rifiaute; there was a little more time between the second and .third ahots than between the first .and second. The second shot .rang clear; the third aoanded drill. I went into the dining room, and saw C. W. Montgome? ry, S. W. Melton and 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 Uble atands'EaBt add West. IA diagram of the room was here shown.f The cor? rect length of the room is twenty feet by twenty and a half feet wide. The table is eleven feet long and four feet wide. I haw Mr. Caldwell lying with bis head to the East, hin feet West, by the aide of tho table; tbo table stood near the centre of tho room. Caldwell was lying face down, upou his stomach. Montgomery and Melton were at the Sooth-west cor? ner of the table. Melton had Mont gomery down, holding him by the head and striking him. They did not block up the .whole aisle. I told Melton to stop, that Culdwell was dead. I then pulled Melton off fron Montgomery. Hubbard helped me. I did not see the defendant in the rooms between 5 and 6 o'clock P. M. John B. Hubbard testified: On'the 21st of September, 1872, I was abont Pollock's saloon and heard threo shots; they did not sound like shots; the sound was a thud. The first two were the nearest together. I went in, saw the doors open, both the aide and dining room door. Caldwell was lying on his faoe or side. When I came up, he was lying on his baok. I .separated Mont? gomery and Melton. They were at the far right hand corner, near-the little table. Saw where a bail bad struck in the ahed belonging to the kitchen. Think the ball went through the side door, considerably higher than my head; saw the defendant, Topper, in the alley? way, at the aide door, and a man had him with an arm across bis throat. I taw no weapon. I thought Tapper was ?firmly held. I saw the waiters running. Then I went in. 1 saw no weapon in the room. I do not know that I would have seen any had these been one. I jumped over OaldwelleYody. The same evening, I saw the deceased's throat; it was red or black and blue. I oannot say if it could have been done by a boot heel. I thought he had been caught there. * I was out of the room ten minutes. * Think Caldwell was dead when I went in. I went through the bar room into the dining room, when I first went in. Chief of Police Jackson testified: I heard one shot before I got to Pollock's, j I saw the crowd going, and ran there. I Caldwell was lying diagonally across the floor, upon his back. Hia feet were near the door that goes into the kitchen, and 1 his head toward the table. Montgomery' I was in the bar-room. Afterwards I saw I the marks of a ball in the shed?it looked ! as though it was tired from the dining room. I saw no weapon when I went into the room. I saw a pistol, but it was wrapped up, in the hands of Frank El? more. [A shirt and voat were here shown.] Tho ball entered the shirty Both were worn by deceased that day. I The deceased was about five and a half {feet high; about the size of Capt. Tap? per?perhaps a little lighter. W. C. Swaffield stated that he saw the deceased lying upon bis back, dead?his feet toward the side door, his head to I ward the table. Dr. Darby wont in with me. I saw slight marks upon bis throat at that time. Afterwards, at the house, when they laid him out, I saw one small mark and one about three times as large. One was a small biae mark on one side, the other larger upon the other side. Tbo small mark was on the right side, about as large as a marble; tho other was as largo as a good sized peach. I saw no weapons. A small pistol was handed me, I think, by Dr. Talley, with other things. I The pistol ahown.J Dr. Tal? ley was with mo when 1 received it. Dr. Tulley handed me a diamond pio. The pocket-book and papers belonging to Culdwell were bnuded me?I think by Dr. Talley. I do not know who bad the pistol; never saw it before; it was a double-barreled pistol. Dr. A. N. Talley testified: I went into Pollock's in tho nferuoon, and found Caldwol) on his face; he breathed'thirty seoonds after I went in. I tamed him over and discovered a gun-shot wound between tho fourth and fifth ribs; farther examination satisfied mo that the ball had penetrated tho chest; made post mor? tem examination with Dr. Darby. The ball was extraoted jusi under the skin iu the opposite side of the body, between the eighth and ninth ribs. The wound caused his death. Tbo ball bad passed through tho heart. The ball was handed by Dr. Darby to the Coroner. It was a ?mmll ball, saoh as is ased in Smith & Wesson's pistol, about the size for the pistol shown witness. Most of the arti? cles were taken from Caldwell. Saw a two-barreled pistol on the floor. The pistol was lying on Caldwell's right side when witness saw it first. Saw the de? ceased. He was on his face, inclining to one side. The pistol was six or eight inches from the deceased, abont midway bis person. Several bruises were on tho U its a Jiiat#?*>HW>?^>iiitwit.' Nothip? parttoojM about that on. tbe she .tbro>t Were different as,il. tw .a &| ^ri-M^ere 3iKm|bTh^iOgv ,s>, grasp, There was e*tra~t*s|>tiQn of the blood' and dincojoratidp, and tbeaOjea uircjed the throat in frbnband on! eifoer ' side. The next day it was much more pronounced. Io saoh a ease ! tb at ia usual. It would be the sane if maifje by a boot heel or bj'faliiag on a chair.. I have attempted experiments in refereuco to powder stains on white surfaces. [Specimens shown. | These specimens indioited how far the grains of powder would be projected at given distances. At the ordinary length of a man'a arm, (two and a half feet,) the cloth at thirty ono inches frotq, the muzzle appears to me to be the nearest like the discolora? tion on the deceased's .vest. The pistol with which Abe experiments were made is about the same calibre as the. on* Or* the desk. [The extracted ball Was her* shown.] Handed Mr. OaldweH's things to Mr. SwafSeld. Witness is not an ex? pert. The experiment would vary with quality of powder, the substance upon which it was thrown, and the amount of the load. The ball penetrated* the .left breast, downwards and backwards. If the parties were of the same height, that would not be the direotion. I don't think a boot heel oould have made such wouods as those outthe neck. The pis? tol, when I saw it.'.was. now.' Bone or muscle will spmeti men -change the oonrae of a ball. >?..['/?-.? i. .. . . t? ? . Hugh P. Kik testified-th substance as 1 ? follows: Was in Pollock1* ealOon the day Gold well -was hilled;, beard shots, and >. went there and*aw the dead body. The head< of :deccssed was.finder the table and feet ton ards the door. Saw a pistol on the floor about two feet I from Caid well's body. It was one of Golfs pistols, I think. I .turned it over to Captain Hubbard. I saw the large pistol on tbe floor, and a small one on the table. ' I gave the large ph-tol to Captain Hub bard. The court took a recess at this point from 1.30 to 8 P. M. Bichard Washington testified, in sab stance, as follows: Waits on table at Pollock Hoose; was waiting on Messrs. Montgomery, Tapper and Elmore; Mor? gan, Melton and Galdwell were np stairs; Melton and Galdwell came down stairs and talked in bar-room; Meltcn went to dining room door and put his baud on it; Galdwell took him away and told him not to go in; after a little. Melton went in; laid his umbrella in corner; Topper was at head of table, Montgomery on right, Elmore and Fielding on,left; Melton walked np to Montgomery, took bold of him and struck him; Galdwell ^oame in and took Melton off Montgomery; Tup- ' per rose out of his chair and fired; "he shoot then." ? Mr. Yoomans?Who did ha shoot at? Witness?I don't know; Melton and Card well were both there.' The witness here described tbe position in which the parties were, and said the shot was fired in the range of Caldwell, and that Cald well fell with his feet toward tbe side door and his head under the.table, . Mr. Youmaas asked witness if there is any shot in the wood-work of the pro? misee. Witness replied, there is a banes' hole, but no bullet could be found; d id n't know whether there was any snob mark before. Witness heard two shots in the room; first one struok Galdwell; Morgan came around the table, atepped ? over Caldwell, and grappled with Top? per. Melton and Montgomery had worked themselves round the and of the table to the North-west corner of the room; there was no one between Topper and Caldwell. Morgan and Tapper got out in tbe passage, and soon Morgan said, "You have shot met" and then Topper's pistol dropped, which Frank Elmore picked up; No one fired but Tapper; did not see a pistol in any one's hands, except Tapper's. . _ j lathe oross-questioning, Gen. Butler subjeoted the witness to a rigid examine- . tioo, but failed to elicit any now facts. Tbe witness, a colored man,".was cool and calculating, frequently pausing for a length of time before replying to quea- ? tions. 1 Samuel W. Melton Was sworn, and being questioned by acting Solicitor Youmans, said: I was present at the shooting of Oapt. John D. Caldwell; came to Colombia the evening previous, on the Greenville and Columbia Bail road;had been in the up-country taking part in the campaign; on the day of the homicide, came np town on business, between 12 and 1 o'clock; saw Caldwell between 2 and 3, for the first time that day; oamo np town with Mr. John Baaskett, who had palled at'my house; left Bauskett at Law Bange, and went iu direotion of Reese's barber Bbop; saw Oapt. Place, of Ohmden, a friend of mine, in front of tho Pollock House; walked up to and conversed with him; wont through Pollock House to rear of barber shop, and were conversing about the campaign. Geu. Butler, for the defence, objected to this narration, as irrelevant; objection ever-ruled. Witness continued?We wore convers? ing about tho campaign, when Major James M. Morgan came up; Major Mor? gan and myself, after a short conversa? tion, appointed the Columbia Club Room as the place and 3 o'clock the hour for a conference; Morgan then went up the street, and I to the Republican head? quarters; I remained there about a half or thrco-qaarters of an hour; then walked up tho street; I stopped at Mr. George By minors' store, and went iu; didn't know Galdwell was there; saw Dr. Franz and Gapt. Baldwin, gentlemen Of the army, and Galdwell in the rear room of Symmers' store; I didn't go where they were; Galdwell came out and took me one side, and spoke of an affair of his own; he then asked me into tbe room, and introduced me to Dr. Franz and Gapt. Baldwin; Caldwell shortly after left ns, and walked to the front of Symmers* store; I asked him where he