Fulton-Dekalb-Taylor County GaArchives News.....Bathed In Blod March 18, 1879
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Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 September 16, 2006, 1:57 am

The Atlanta Weekly Constitution March 18, 1879
Horrible Tragedy In The Capitol.
Colonel Alston and Ed. Cox Have a Hostile Meeting, In Which the Former Gets 
Killed and the Latter Severely Wounded -- The Facts Before and After the 
Killing.

Yesterday afternoon another bloody tragedy was enacted in this city.  It came 
on suddenly and the terrible news, as it first circulated from mouth to mouth, 
was scarcely believed by those who heard it.
It had been so generally hoped that days, and even years, might pass before 
such another event would startle the community that men dreaded to learn the 
truth.  The fact was only too true and too awful.  The verification was swift, 
and crowds flocked to view the scene and the participants in one of the 
completest death-duels on our records.

The Actors In The Duel were two citizens well known in our community and 
numbering hosts of friends.  One of them was Colonel Robert A. Alston, of the 
adjoining county of DeKalb, and its representative in the present general 
assembly.  The other was Captain Ed. Cox, of DeKalb county, and one of the sub-
lessees of penitentiary convicts.  Colonel Alston was chairman of the 
penitentiary committee of the present house of representatives and the author 
of the bold and horrifying report upon our penitentiary lease system which 
caused so wide a sensation in November last.

The Scene of the Tragedy was in the middle room of the offices of the state 
treasury in the capitol building.  The state treasury is located upon the 
ground floor of the building and immediately, in the corner at the intersection 
of Marietta and Forsyth streets.  The room was about twelve by fifteen feet in 
dimensions and was used as a sitting room and desk office by Colonel Murphy, 
clerk to the treasurer.  It was the one into which the vault opened.  In it the 
parties met and the affray occurred in the presence of State Treasurer Renfroe, 
Captain Nelms, the principal keeper of the penitentiary and the tax collector 
of Gilmer county, Mr. P. H. Milton, and who was present to get a receipt for 
tax collections paid into the treasury.  The room is rather confined in size 
and with its furniture added, made an arena for combat wonderfully adapted to 
produce mortal consequences.

The Cause of the Tragedy.
The real facts in all their legitimate connections which preceded and led up to 
the fatal encounter are difficult to be ascertained in the present state of 
affairs.  One of the actors is dead and the other seriously wounded and 
forbidden to talk upon the subject.  Other parties acquainted with the main 
facts have to be relied upon for the matter of the present narrative, and these 
statements made during the intense excitement following the dreadful event may 
unintentionally be somewhat at variance with the facts developed upon a 
judicial investigation hereafter. We have endeavored to get at the truth in the 
matter and we give the connected account made up from the statements of those 
who would consent to speak about them.  They are to the effect as below given.

The Convict Lease Act passed by the general assembly in 1876, under which the 
convicts of the state were leased to companies formed and designated 
as "penitentiary companies."  One of these companies was composed of several 
gentlemen, among whom were Senator Gordon B. G. Lockett, W. B. Lowe and Colonel 
C. B. Howard.  The convicts of the state are divided in a certain manner 
between these companies for a fixed sum per annum for each convict, and are 
employed by the lessees in labor upon farms, in mines and in railroad 
construction, etc., as they may be made most profitable.

Mr. Cox was a sub-lessee under General Gordon and had about sixty of the 
convicts engaged in agricultural labor upon a farm in Taylor county.  General 
Gordon has been for sometime anxious to sell out his interest in the lease and 
sever his connection with the employment of convict labor under this system.  
He has been endeavoring to do so for some months, and when Colonel Alston, who 
has always been a warm personal friend of General Gordon, left Washington a few 
days ago General Gordon gave him a power of attorney to sell his interest in 
Penitentiary Company No. 2.

The Bidding and Bargaining. 

It appears that Mr. Jessie Walters, of Albany, who is a representative from 
Dougherty county in the present legislature, had been in correspondence with 
General Gordon upon the subject of this interest and was desirous of purchasing 
the same.  When General Gordon placed the interest in the hands of Colonel 
Alston for sale he wrote to Mr. Walters, informing him of the fact and 
suggesting that he see Colonel Alston concerning the matter.  Several days ago 
Mr. Walters came to this city with the view of meeting Colonel Alston and 
negotiating about the interest offered for sale.  Colonel Alston reached the 
city from Washington on Sunday last and on Monday had an interview with Mr. 
Walters.  In the meantime Mr. Cox, who was a neighbor of General Gordon and 
Colonel Alston and an intimate friend of many years' standing of the latter, 
had decided to get out of the lease business himself, and some arrangement had 
been made between him and Mr. Walters upon that subject also.  The substance of 
it was, as we learn, that in the event Mr. Walters purchased the Gordon 
interest upon advantageous terms he would also take Mr. Cox's interest upon 
terms satisfactory to the latter.  Upon this account Mr. Cox was particularly 
anxious that the Gordon share should be passed over to Mr. Walters and 
naturally set himself to the task of aiding this result.  When Mr. Walters and 
Colonel Alston met, however, the former would not consent to pay the price 
demanded by Colonel Alston, which was $4,000.  Colonel Alston was acting as the 
agent of General Gordon, and was anxious, as his friend and agent, to realize 
from the sale a sum that would free General Gordon from the lease without 
loss.  In other words, that amount of money would have just covered the 
expenses of General Gordon int he transaction.  Colonel Alston refused to make 
better figures and Mr. Walters said he would not buy and bade Colonel Alston 
adieu.  This to Colonel Alston was an understanding that negotiations were at 
an end in that direction.  He looked elsewhere and found a party who would buy 
in the person of Colonel C. B. Howard, one of the co-lessees.  Colonel Howard 
agreed to purchase the interest for $4,000, and it is said a portion of the 
purchase money was paid to make the bargain certain.  

Trying to Break the Bond.
When the fact was made known that Colonel Alston had contracted with Colonel 
Howard it is alleged that Mr. Cox became greatly excited, and declared the 
matter should not take that direction.  He was so intent upon making the trade 
so as to give himself the advantage he sought, that he sought out the Colonel 
Alston to try and effect his purpose.  Prior to finding Colonel Alston he 
visited Colonel Howard and asked to know whether, in the event the trade was 
consummated, he, Howard, would consent to trade with him, Cox, for his interest 
in the matter.  Colonel Howard replied that he would not talk about that at 
this time; he could not make but one trade at a time and he was buying the 
Gordon interest as it stood, subject to the sub-lease held by Cox.  This turn 
of affairs, it seems, led Mr. Cox, to a stronger determination to upset the 
trade and secure the transfer of the interest to Walters.  It is due to say 
that Walters had no connection whatever with Cox in the transaction pending the 
difficulty with Colonel Alston. 
 
The First Altercation.
The fact appears to be that Cox first encountered Alston in the barber-shop of 
Doughterty Hutchins on Marietta street, about noon.  He asked Alston into the 
back room to talk, and Alston afterward stated that Cox demanded of him that he 
rescind the trade with Walters, stating that Walters would pay more than Howard 
for the interest at stake.  
Colonel Alston replied to him that it was now impossible to do that thing.  He 
had sold to Howard and the trade must stand.  He had offered the refusal of the 
share to Walters and he had declined to take the same.
Mr. Cox persisted and said if Alston did not sell to Walters, he (Cox) would be 
broken, or ruined, and he did not intend to stand it.  His duty to his family, 
he said, demanded the consummation of the other transaction and it must be done.
Alston again refused, and explained his reasons.  It is here stated that their 
conversation became audible to those in the shop at the time and that Alston 
was talking in a conciliatory way while Cox was angry and very much excited.  
He denounced Alston sweepingly as not having treated him right and demanded 
that Alston do as he, Cox, desired.
Alston said he could not do it and would not if he could.  He told Cox he would 
not be bullied into doing the thing proposed to him.
It is stated that Cox drew, or had in his hand, a knife with which he 
threatened to 
Cut Alston's Throat.
unless he acquiesced in the plan proposed.  He seemed to have had an idea of 
frightening Alston into compliance.  
Alston told Cox he was unarmed and desired no difficulty with him.  Cox then 
told him to go and arm himself and meet him there at that place in five or ten 
minutes.  Alston said he would do it, and they parted.  After Alston left it is 
alleged that Cox indulged in very abusive language about Alston, and said if 
Alston did not do right in the matter he would kill him before sun-dwon.
It was then seen that both the men were excited and angry and a serious 
difficulty was expected to arise between them.
Preparing For the Fight.
We learn that Mr. Cox went into the saloon of Mr. Pause, near by, and met 
several parties there.  He attempted to borrow a pistol there and said 
he "wanted one d--d quick" and remarked to Colonel A. L. Harris that he had had 
a fuss with Bob Alston and intended to kill him.  He made no concealment of 
this intention, but he was refused the loan of a weapon and advised not to have 
a difficulty.  But he persisted and went to the gun store of Heinz & Berkele, 
on Whitehall street, after a pistol.  He said he "wanted a d--d good one and 
well loaded."  He bought a new nickel-plated revolver, of the "Swamp Angel" 
pattern, we believe, and it was carefully loaded for him by the vendor.  He 
then went back to Marietta street and was in that vicinity evidently upon the 
lookout for Alston.




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