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