Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

COLUMBIA, S. C. Morning, May 8, ftW^tl Oxtixi Wau. in Louisiana.?Oar de spatohes fron) Louisiana?'the sister in misfortune of?oath Carolina?represont an alarming condition of affairs in that State. The Metropolitan police?the, oreatarea of Kellogg'a Usurpation?aud the people have joined issue in deadly oonfliot. - Several were killed in a skir? mish at St. Martinsvillo, while, later qo oonnta report a serioaB engagement and Considerable firing. The Augusta Chro? nicle and Sentinel right!ully charges Pre? sident Grant with being responsible for tue deplorable elate of affairs in Louisi? ana. ' He deserves the condemnation of the American people for bis criminal' oondpot in sustaining, with tho power of! the Government, an usurpation which; violates every right and interest of the people of that State. While deploring the necessity whioh forces the people to take up arms in defenoe of their lives: and property, we should rejoice to know that the isSne, when pnue joined between Kellogg and hip. adherents, on the one; side; and the people on the other, Was settled in such ? dedisivo manner ?s to rid the State of the last of its plunderers. Exciting news is momentarily looked for from the seat of war in the great sugar-growing State, Thu Western Congressmen in Ses? sion.?The gathering of Congressmen representing the Western and South? western States at St. Louie, is fraught w ith great natjonal importance. If they are resolved to be sectional and stand united, they-can control the country, f or tire Senators and Representatives of the States West of tho Alleghanies are now* '? majority of Congress. The call for the -convention is general in terms only, bnt It is understood that some projects for the specific benefit of the States border* ing on the Mississippi and Ohio Rivers will be brought forward for dieoussion and acceptance. Among these, may be mentioned/' We suppose, the removal ot tho. national capital, the building of the river 10v?q3, tue lo'uHing of u canal between the MtosUatppl and the Atlantic Qcean by, she way of Tennessee arid Georgia,.the. cheaper ira^nsporVation qf *he. producta of itho \Weat to Eastern | inarko ta, etc.. - Ab ovo all-, the great guesj-, ti?h of free trade will be ccmsiderea. If ? the. West and South-we^t resolve to combine fqs their mutual interests,. it may be regarded as settled 'that the po? litical reign ot New England is over. ' The sceptre will go where the strength is. THE Next Cotton Chop.? Every year, abont the time cotton planting begins, we are favored with the predictions and speculations of sundry people in the oot tod brokerage business, as to the size of the forthcoming orop. These statements ?re generally made with a view to influ? ence the market in Hew York and, in Liverpool, and. 'should, therefore, be taken with caution. The season of pro? phecy is upon us now. We are informed by telegraph from New Orleans that the indications are of a large increase in the cotton average this year over last, or "even over any year since the war." It seems to us that we have heard this as? sertion before, when the crop at the' end of the year<feeily turned out badly. The estimates usually range from 2,000,000 to 4,000,000 bales. How great this dif? ference is, may be realized by the state? ment that it represents a value at pre? sent prices of $150,000,000. Thhs Prince Massimo.?The death of Prince Massimo, the head of one of the oldest and noblest families in Rome, and a firm adherent and champion of the Pope, is annonnoed. It is stated that bo ancient, indeed, was bis pedigree, be olaimed descent from q. Fabiue Maxi ? mus, the "Oanotator" of the Funio wars ?a claim whioh, if true, throws into the shade the Oourtonays of England, of France aad of the East, and "all the bloods of ail the Howards" tc boot. Hia - death has happoned at the age of sixty nine, From the time when King Victor Emmanuel's troops entered Romo, he kept the gates of bis palace closed, and .steadily refused p'thcr to retire from tho Holy Oity, or to have anything to?ey to the new comers. The PioToniAiiS.?The weekly picture papers are vieing with one another in their representations of the soenes in the rare locality held by the Modoca. OI course all those oro tbe veriest frauds. They pretend to show things as they were. Tho ?'braves" aroexhibited iu all styles of extravagahoe in tho midst of large rocks and the black-looking mouths of deep oaves.- As it-would be impossi? ble for "our speoial artist" to get footing in Captain Jack's lava beds and eafoly and studiously pursue his work of sketch? ing thereafter, of course all tbeso pic? tures are mere fabrications. .lAMtte^ajl?**, , Mb. Eprxpa: I^ras ? .Regent of' tho Lunatic Airy lam for thirty years, and with all prop or modesty I conceive, may aay that thy opinion in refereaoe to it is ooi without some value. I have always taken great interest in this branch or benevolent effort, and though not now a member of the Board, I have made occa? sional visits- to the Asylum. My last visit was about a fortnight ago, and with the view of commending it to the favor? able consideration of. the.people of the State, I mriat ask thus publicly to say that it is admirably managed by Dr. En sor, its present Superintendent, and that in consequence of the. liberal provision of the General Assembly, he has been enabled to make many most important improvements; and when these are per footed, I am sure that the institution will compare most favorably with any in this country. I was particularly strnok by the accommodations for the colored in ?ane, which arc now in no respect In? ferior to those for the white; the more oomplete classification of the patients, the more oomplete provision for their meals, and the more thorough warming and ventilation of the buildings. | Long associated, as I was, with the former Superintendent, Dr. Parker, and a willing witness to bis peculiar fitneBs for bis position, I must congratulate tho friends of the insane, and the public at large, upon the fact that his successor is worthy, of him,-and alike entitled to their trust and confidence. Truly, in my judgment, wo have "the right man in the right place." M. LaBORD^, M, D. May 6, 1873. According to the News and Courier, a telegram has been reoeived in Charles? ton, from the Olerk of tho Supreme Court of the United States, announcing that a re bearing had been granted in oases involving reoeivability of bills of the Bank of the State for taxes. The re-bcaring of this ease unsettles the de? cision rendered a short time since, in whioh an adverse opinion was pro? nounced^_ The Dixon Bbidob Hobrob.?The following is a dearer idea of the manner and direct cause of the Dixon Bridge -disaster than anything before received: Tho people were closely crowded on tVe> feet-way, and. tho.immense weight, all on one side, was too muoh for the bridge. One of the cap stringers snap! ped asunder and nil owed the North sec? tion to sag from'the'abutment, plunging into the .river with its living burden. Between the foot and wagon-ways was a the river, and by it men, women and children were 1 pinioned beneath the , F.^er, without power to .help themselves ohd too firmly boupd by the weight of iron to be aided by their friends. It ap? pears the bridge was constructed in snob a maunor as to make each section depend on others for support, and when the North section gave way, the balance sag? ged between the piers, making a oom? plete wreok of the entire structure. In the Oirouit Court, Charleston, on the 7th, tho United States vs. John Fr?ser & Co., ex parte E. L. Trenholm. The report of Samuel Lord, Esq., re? feree, recommending that the petitioner, E. L. Trenholm, be allowed the sum of #100,000 in bonds in settlement of his claims, was confirmed. It was also or? dered that there be delivered to the bo licito-s of the People's National Bank the bonds set apart to meet the claim held by the bank out of the bonds iu the custody of the conrt. Important Immigration Ben ehe ? Major Franz'Melohers, the senior editor and proprietor of the Zeitung, has^suo oeeded in perfecting arrangements with the Inman Line of European eteanifhips, whereby immigrants can be brought hither at the rate of forty-four dc?urs each, direot from either Hamburg or Bremen. He hopes by this liberal rate of fare to induce many to oome over to this section ot-4he country add perma? nently settle here.?Charleston Neves, Death of a Cotton Merchant.?Mr. Hertz Valentine, the junior partner of the firm of Messrs. E. J. Wiss & Co., aotton factors, died Wednesday, of ty? phoid, fever, after a brief illness, at the residence of his father-in-law, N. Levin, Sr., Esq. He loaves a wife and two chil? dren.? Charleston News. From presont indications it is very evident that the entertainment which Charlotte proposes to give tho citizens ?f Dallas, Spartanburg and Greenville on the 20th of May, will be a grand af? fair, in every respcot worthy the well known hospitality and liberality of tho people of Mecklenburg. Tho Charlotte Democrat says that seven pounds of gold was recently taken to the mint in that place from the Brew? er gold mine in tho edge of South Caro? lina. It was run into one pound bars, and iu that oondition bought by ono of the banks. Mrs. Sarah L. Williams, widow of the late Goo. W. Williams, Esq., and sister of Cok W.,0. Beatty, died unexpectedly in Yorkviue, on Saturday night last, about 11 o'olock. Atlanta.^Ga., has a hotiBO where only male children hava been born for twenty years, Mr. C. Shiver, late Olerk of Court, of Kershaw County, died at his residence in Camden on Saturday evening la?t. There were thirty deaths in Charleston for the week onding the 3d?whites twelve; colored eighteen. Blackberries have appeared in Charles? ton. Senator Sumnor has turned his back pay into tho Treasury. Cm Maxtos. ?The pfitf. of Ringle oopiea of tuo )Bhchxix ia fiteoenta. j A Wrong ids*?lhaft an/t^i#;:^Vfcp-. iiiig whose 'poMa.ex.atie free Haket*. NothvrJg tioklos an offioial' ilk* ft local item calling him ??urjtahe.,'L p*u" Old newspapers f oY^Ts^bv at Phoihix office, at fifty cents a hundred. To morrow is memorial day?May 10. The ofiloial proceedings will lie found in another eolnmn, The latest styles wedding and visiting cards and envelopes, tastily printed, can be obtained at the Phcbkix office. Croquet has again broken out. All otasses have it, and great damage to the corn orop may be expected. Qen. Hampton lectures, this evening, in Wilmington, N. O., on "Qen. Robert E, Lee." Mr. Ales. Oampfield has succeeded Mr. W. J. Way as agent of the Singer Sew? ing Machine Company in this city. ' If there is anything new in the toy line, Mr. McKenzie is sure to have it. The latest is the swinging bird imitator. It is a simple and pretty toy. Major O. D. Molton is about -to erect a handsome two-story building, on Wash? ington street, West of the Oonrt House, to be used as a law office. The children attached to what is known as Mr. Q. A. Richmond's colored school, had a frolio in Parker's Oervais Street Hall, yestorday, and marched is procession through the streets. The weather chabgod again, yester? day. The sun. oame out bright and hot, and gossamer anita were in demand. If we oan get through to-day without a storm, the little maiden May will rapidly grow up into her traditional beauty. That portion of the State House fence on Assembly street has been blown down. In its present copdition, it is a serious obstruction to the sidewalk, add renders it very c anger ons to pass that way after dark. It should be repaired. Messrs. Hoffman & Alb recht have just received several barrels of extra fine Early Rose potatoes. They ate large, mealy and of good flavor?iu fsot, tho beat potato in market. We are inftjobpod to thorn feu a mess of the, above,* as/alab some mammoth sweet potatoes. , A remarkably good audlenoo, con Bidering. vJie night, rwaejfct ibo ohapel of the ?niVfosity, T^edne8qaV', bight, and those who miasod Dr. Roberta' lecture, it is said, dost a rare irrkeUeotual treat. His topio was "Tendencies of Boiontitic Thought at the Present Day." A beautiful gamo of ohess was reoently played in this city by Mr. I. Edward Orohard, who played without sight of the board or men, against two of the most skillful amateurs of Columbia, con? sulting together. The faculty of playing without seeing the board, ia by no means of frequent occurrence. The allies re? signed the game. * Governor Moses has pardoned Rosa Zaoharias, who was convicted before Judge Maoon B. Allen, of the Criminal Court of Charleston, of libel and breach of the peace, and sentenced to five months in the County jail and to pay a fine of 9100 and the coats of the court. The pardon was granted npon the re oommendation of the presiding Judge. The exouraion to Florida, advertised by Messrs. Ravenel & Co., will likely attract the attention of a number of persons. The cost is small, and the fare furnished equal to first olass hotel life. Besides which, an opportunity is offered of visiting Savannah, Ga., Fernandina, Jacksonville and St. Augustine, Fia., in? cluding a sail up the pictureeque St. John's River, and?just think of it?an opportunity to have a oraok at an ali? enator or two. Ah Eyh-Openei!.??We are indebted to the author for a pamphlet oopy of a work entitled "A Shell in the Radical Oamp; or an Exposition of the Frauds of tho Republican Party of South Carolina." It shows how the ballot-box has been nscd and. the votes burned, who havo ottered and who have taken bribes to get office, from the highest to tho lowest of? ficer in the State. By S. B. if all, ex Jndgo of Probate, York County. We shall uiako some extracts hereafter. Keep Cool.?The ladies and all others arc invited to call at the office of the Wheeler <t Wilson sewing machine and see the wonderful fan attachment, which is another proof of the fact that the old reliable Wheeler & Wilson is siricily first class, and still keeps ahead in useful at? tachments. * Mail Arrangements.?The Northern mail opens G.30 A. M. and 3.00 P. M.; closes 8 P. M. and 11.00 A. M. Charles? ton day mail opens 6.15 P. M.; oIosob 6 A. M.; night opens 7.00 A. M.; olosos 6.15 P. M. Groenville opens 6.40 P. M.; oIobob 6 A. M. Western opens 6.80 A. M. and 12.80 P. M.; closes 8 and 1 P. M. Wilmington opens 3.30 P. M.; closes 10.30 A. M. On Sunday the office is open from 3 to 4 P. M. ! ? 'fcBoiitrxuNA.?Scarce- ? Honest of ''Plentiful?Applicants for office. ? The only feather alin Jibe Ufa beds arc those worn by the Modocs. , . Speaking by the eatd?Corresponding ander the new postal law. Uncle Sam should discard the eagle and adopt the raccoon?it has bo many ringa in its tail. A h?hte without a woman and firelight la like a body without soul or spirit. Lie-big is rather a paradoxical name for a trustworthy professor of nn exact soience. Memorial Dat.?The memorial cele? bration will take plaae on Saturday, May 10, at Elmwood Cemetery, at 5 o'clock P. hi. Officers and aoldiera of the late Con? federate army are especially inrited to attend. The procession will be formed at the lodge, and proceed to the Con? federate enclosure, where the grates will be decorated. ' The following gentlemen will pleoBe act as marshals of the duy: Qen. M. ?. Datier, Copt. W. K. Bach man, W. O. Swaffleld, Esq , S. L. Leap hart, Ebq., Dr. Geo. Howe, Jr\ David Crawford, E-iq., Capt. Thos. Taylor, Col. W. Wallace, Col. A. O. Haskeil, R C. Shiver, Esq , Lamar Stark, E?q., W. C. Fisher, Esq., John T. Rhett, Esq , Cupt. J. O. B. Smith. A floral monument will be raised to the memory of those lying in distant battle-fields or in unknown graves, on whioh offerings may be placed by any persons who may desire to do so. Boxes will be found at the gate of the 6oldiors' enclosure, in which contribu? tions will be gratefully received for tho South Carolina monument to the Con? federate dead. The following committee will pleaso meet at the cemetery, at 4 o'clook P. M., on Saturday: Mrs. H. S. Thompson, Chairman, Mrs. L. O. McCord, Miss MoCord, Miss Barnwell, Mrs. John S. Wiley, the Misses Sims, Misi Wallace, Mrs. 1). B. DeSaassare, Miss Leverett, Miss Satphen, Mrs. Cordes, Miss Thomas, the Misses Ray, Mrs. Dargan, Miss O. Walker, Mrs. R. O'Neale, Miss McKay. Decrease of Shad.?We clip from the Washington Chronicle the following ex? tract regarding the decrease of shad. It says: "In former years, the Gongaree and the Wateree, near Colombia, S. O, were considered admirable fishing places. At present, however, they have become bo much depleted as hardly to warrant any expenditure of either time or money to capture fish in them. A few are taken near the city in scoop-nets, bat there is no regular fishing carried on. At Wil? mington, N. 0.j a similar condition of things to that at Augusta and Columbia was found to exist. * * * . * We may say, that Seth Green, on visit? ing AugUBta to establish bis first hatch? ing station for the season, found, after remaining there nearly ten days, tha\ the supply of fish was bo small as not to be worth the trouble of manipulating them, lie haa, therefore, stationed himself at a point about fourteen miles above New bern, where he is at the present time actually engaged in the business." We may add, that on? of the oldest citizens of this city can remember when shad could be procured iu abundance here for ten cents apiece. Now one is seldom seen. List of Nbw Advertisements Exeeutive Appointments. Meeting Union Council. C. Hamberg?Wood. J. McKenzie?French Confections, Sec. Hotel Arrivals, May 8.?Columbia Hotel?P FSpofford, Cberaw;?A Higgins, England; C K Knowles, NY;M Setter, Jr, Md; W J Sprinkle, N C; J W De Lano, W Dudley, J F Stelling, Isaac Holmes, F W Dawson, Charleston; S Simmonds, Md; D B DeSanssare, Major Morgan, city; W B Oreight, Winnsboro; T 0 Bulow, Bidgeway; W H Gaudar, N Y; S B Smith, O; C L B Marsh, G W Thames, N C; O E-Gardnor, Charleston; F Brooks, N J; J slats, Ga; W D Ken? nedy, Charleston; J H Stelling, Green? ville; F D Bush, G & C R R; James C Alexander, N C; G E Reab, Go. Wheeler House?Addison Hill, Jr., Boston; Jobu W Shiler, Oconee; J hi Myers, Baltimore; J M Brawley.Chester; C H Philips, Pittsburg; J M Wulker, E J Hale, N Fedorlin, Now York; J W Harrison, Anderson; D R Phifor, Mi3S M O Whitman, Nowborry. Hendrix House?P H Hanes and lady, Galveeton; Mrs Jones, Richmond, Va; P C Spann, Miss E V Spann, Miss O Go million, Lcesville; T S Smith, Charles? ton; Miss C Gribbiu, Dr T C McMun, Walhalla; DT Barr, Pino Grove; H A Gibson, FairSeld. No Postponement.?It is not wise to put off until the heats of summer havo commenced tho invigorating process which would have secured the system, in advance, agaiust this untoward influence. By toning the stomach, liver and bowels in tho spring months with Uostetter's Stomach Bitters, and continuing to take this harmless but powerful vegetable in vigorant during the summer, it is quite certain that even persons who arc natu? rally delicate and deficient in vital force, may escape tho fits of indigestion, head? ache, nausea, biliousness, nervous de? bility and mental oppression whioh, in the abseuoe of suoh preparation, often prostrate and agonizo tho more robust. A puro stimulant, modicatod with tho juices of the finest tonic, anti-bilious and aperient roots and herbs, ns au invalu? able boon to the weak and tilling, and this life-sustaining boon in tho form of ! Hrstetter's Bitters, is fortuuatcly within j the reach of all. May 4 13JI The Tdfvkb'OaiiBwblii Eomiclde? VtKJMOT Or TI? joky aUNSW>U?HTR?.? Judge Carpenter look hi? seat promptly Bt 10 o'clock, yesterday morning. Mr. Janney, of the counsel for the State, poned the oaae. Mr. Danbar thought the jurymen should be earried to the scene of the difficulty, but it was deemed unnecessary. The line of Mr. Janney'a argument was, first, defining the luw of self-de? fence; second, regarding mau-slaugbter; third, regarding murder. He called the attention of the jury to the nature of the crime ehavged in the presont case? that of murder.' Ue said arc early every term of court, aome one was arraigned for the orihie .'of murder, and, In his opinion, all tUi? arose liyoauso the pu msbment of crime had been insufficient. He reviewed the circumstances of the' killing, commencing with Judge Mel-! ton's testimony, the event of Melton's! Qrat meeting with Oaldwall on the fatal day, the oonddct of the prisoner and Montgomery eyeing them aoroBa the street, and believed, he said, this testi? mony should have very great weight with the jury; also, the circumstance of Mel? ton's remark at the time: "There is my man; I'have a good mind toattack him," and Culdwull interposing to stop him; the faoiag of the parties, thu Baluto at the entrance of the Olub Boom, and the next meeting in Pollock's saloon, the coming from the up-stairs room below, and tho walking towards the dinir/g room door of Melton, and GaldwoH'b remark: "Good God I there's Melton going in," then turning to go back, and beckoning Melton not to go iu there. He held that the object of Morgan and Caldwell enter? ing from the alley was to keep* Melton out of the dining room. The testimony of the defence that Caldwell caught hold of Tupper, aud of those witnesses that he did not touch him. Mr. Janney hold that this was one of the most important pointB of the case?that Morgan and Caldwell went in there to take Melton out. The witnesses swore that no wea? pons were in the hands of Caldwell when he went iu. As to the act of shooting, Morgan appeared to have been there cool I and collected. After he bbw Caldwell I shot dowD, he acted like a brave, oool man?rushed up in the faco of the pistol, as he says, with the intention of pitching the prisoner out of the window. The testimony that Elmore went to the North-east corner, by the wall, when the affray commenced, and when Caldwell was murdered, and in the bUto of excite? ment he was then in, would not be able to see or hear as correctly as-Morgau, who appeared cool nnd collected. Ho considered it a very significant oiroum etance that no one could 'toll who fired the pistol. He did not believe the wit? nesses for the defence meant to tell a falsehood about the matter, but simply that there were some things they were mistaken in.' Morgan was no tat enmity with either of tho parties. 3e swears that Caldwell and Tapper never olinohed. Mr. Janney then referred to the experi? ments made by himself and Dr. Talley; that bad tho parties been olinohed, the marks of the gun-powder would have be? smeared the shirt where the ball entered, but at the distance testified to, graina would have been left npon it, as in the piece of linen exhibited, and as were tes? tified to. Authorities were referred to, relative to murder and killing in self-de? fence. The law requires that the defend? ant should retreat as far as he can- before he kills his adversary?not retreat to gain an advantage, bat from his tender? ness of feeling regarding the shedding of blood of a fellow-creature. It waa ar? gued that Tupper did not do so, and the testimony regarding bis motions in the room repeated, and his remark to Meetze, "I have proteoted my friend, and will do so again," and that it was the inten? tion of the defendant to kill any man who interfered. Was there anything done by Caldwell?blows, menaoes or words? The evidence was then cited, and it was argued that it showed beyond a doubt that there was not. Wharton on Homicide, p. 194. In a oase of murder or manslaughter, tho instrument with which it is committed must "be taken into consideration. It was argued that if tho killing was done by any weapon except a deadly weapon, the offence might be smaller; but in this oase it was a deadly weapon, a five-barreled pistol. Mr. JanDey olosed by asking a careful consideration of the evidence, aud with a peroration partly in poetical language descriptive of theocoaeion. His remarks wore highly commended by all who heard them. Col. Wallace, for the defence, opened in beautiful language that commanded tho attention of the jury and the audi? ence. He said, in eubstanoe: When a homicide is committed in tho commu? nity, sympathy is attracted towards the deceased. As tho news flics from door to door, from street to street, friends Hock to tho spot to gazo upon tho life? less form, and their sympathies beoome intensified, often excited almost to frenzy. Without stopping to investigate, they cry aloud: "Whore is tho murderer?" and frequently the- defendant finds the jail his sauotuary. These remarks are uot inappropriate to the present case. On the 21st of last September, John D. Caldwell had been slain. His friends gathered to the spot, and, as they gazed upon his lifeless body, they cried aloud for his marderer. Caldwell had been a gallant, bravo man iu the late war; was tho sou of a distinguished' citizen, who bad been on the other side of the oause, nnd, probably, from thoso oombincd facts, commanded more extensively the elements of sympathy. Owing to this, tho feeling became intensified against the defendant, and, at one time, it was feared ho might not have a'fair trial; from time to time, it was put off. for cause, but at length ho has the opportu? nity to have the circumstances Investi? gated before your Honor, who, although not so long among us, has tho reputa? tion of bel?g a just and decisive Judge, honoring the elevated position hold by ogontrrin?na t a time,ao fe?w?f>t teatptQ fco?Lift? afsm^^^A^-w^ and impartially. He ask* nothing but a fail trial, according ^o the evidence, and uppn , that evidence . be - will as* i' an acquittal; th,?t the homicide- was com mit tad iu self-defence and, justifiable. Every being is boaud to protect his life; if he violates tbia duty, he is liable be? fore God to answer, as a self-murderer. It is his duty, ?6 himself, bfs country and hie God. The counsel bee offered the law with regard to. self-defence, .thaa^me that I intended to offer. Tho principle is to retreat, if possible, aud hot be guilty of violence, unless .absolutely ne? cessary. There are .cases where a man is not bound to retreat?the right tft.ataj in hie house, for. instance. '.This'was. ah inn, or restaurant; but a mau baa Ibe same right to maintain his position as if in his own house. He is not 'bound to retreat quder such circumstances. This geotleman 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 oases whan a man need not run?where the attack is sudden, and so violent that he may fear to run, on account of danger'. He can? not call the law to his aid. The law does * not moan to make men oo wards. From the testimony, was there not danger upon him? Where powder is seen upon a man, they must have been close. These experiments are no test, different kinds of powder show different results. If there bad been nQ.asaaurt, there would have been no killing. All I ia^k is, put yourself in the plaou of the defendant. He knew nothing of CafdweU'eadyiae to Melton, not to make the attatk. Put yonrself in his place, and give a true verdict. Mr. Dunbar, for the prosecution, thought the counsel jaat 'seated implied that come 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 provocation, after boast? ing of the fight he was going to put up, then we ask for oonviotion. The testi? mony of Starke is that he found Melton aud Montgomery between Galdwell and Tupper. He separated the combatants; there Tapper was still?after killing one man, seeking to kill Morgan?this was a positive proof of malice. There is proof that Bichard Washington was in the room. His testimony ia corroborated by Major Morgan. Melton, so says Ri? chard Washington, came up to Montgo? mery and felled bim with two blows. Then, while .prostrate, .Galdwell and Morgan ?eine in to take off Melton, and Tapper, stepping book, fires across the prostrate'bodies bf Melton-and Montgo? mery at tho diamond pin. of OakrweU and shoots him through the heart. Gald? well ran to prevent an altercation. After the two shots were : fired, Morgan stepped across to seize' Topper,-' an d Tupper tried to kill bim; That accounts for the delay before the third shot. . Mr. Dunbar continued at considerable length ?making several very strong _ paints. He denounced the prisoner as^'i malig? nant murderer," and referred to. the crime as "damnable," &c. He Spoke during the hour preceding the recess of the Court. ? ' _ The Court xe assembled at 8 o'clock, when James D, Tradewell, Esq., lead oft for the defence, in reply to Mr. Dunbar. Captain Tradewell was laboring under severe phyaioal indisposition, having but partially recovered from a recent illness; consequently be was compelled to read his argument, whioh, though lacking the force with which his oratorical ability and vehemence of expression would have given it, was replete' with argument, citations of law-and summing up of evi? dence, which elioited marked attention during its reading. He referred to the gloom oast over this community, even over the entire State, by tbia tragio oc? currence. The deceased, a husband aud father, affectionate and kind, genial companion, brave soldier and useful citi? zen, fell in bis blood in a public bar room, in the presence of a judge of the law, whose quarrel be espoused. The judge engaged in a riot, in violation of tho oath whioh be had taken as a con? servator of the peaoe. Geo. Topper is now ou trial for this homicide. The indictment oharges him with killing John D. Galdwell with malice afore? thought. That he did kill him, is a me? lancholy fact; but the whole moral guilt rests on others. The prisoner's defence may be safely rested upon one of two grounds; first, that the act of homicide .was committed at tho moment when the prisoner's attempt to prevent . the perpetration of a known felony upou tho person of Montgomery by Mel? ton was resisted with arms by Cald well, in cooperation with Morgan; second, that tho prisoner, being as? saulted by Galdwell and Morgan, com? mitted the act of killing the former in defence of bis own life; or to protect his person from enormous in? jury. If either of these grounds be sustained by the evidence, the Court will instruct the jury that the bomicido is excusable or justifiable in tho law, be? cause the act was xlouo in self-defence. Tho counsel then read numerous quota? tions from Wbarton and other authori? ties, showingjthat G is justifiable should ho kill B while about to perpetrate a known felony on A. He said: The facts in this case show 's common design ou tho part of Melton, Galdwell and Mor? gan to do bodily barm to Montgomery. Montgomery's danger was actual?if not of death, of great bodily barm. Mel? ton, Cald well and Morgan rush in when Tupper and Montgomery are peacefully engaged; tho former attempt a felopy upon Montgomery, and Tapper, seeing this, fired, and slew one of the partios attempting the felony. Tupper killed .Galdwell in self defence. He had rea? sonable apprehension that Melton, Gald? well and Morgan intended, if necessary, in carrying oat their designs, to murder Moutgomery and himself. Counsel read definitions of murder, man-slaughter and justifiable or excusable homicide,