The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-10-08

The South Carolina Duellists.

The south Carolina Duellists.
THE ATT0RNRY-GENgRAL DECLARES HIS IN.
ABILITY TO PROCURE Tbs NECESSARY ByI.
psNCE.
| IDfsps,cs 10 the Charleston Nsvs aud Courier.l
DARLINGTON, October AS Indicated in
my dispatch yesterday, the Aitorney.Gen-
eral has been unable TO secure the necessary
| information TO proceed with the Cash-Shan-
non duelIiDg cases, and announced to the
Court this morning that no bills against any
of the parties would be given to The grand
| Jury at the present term.
The Attorney. General made the following
statement, which was afterwards submitted
! In writing:
| May 1t Please Your Honor,-The Gov
ernor Of the State has required me to ap-
pear for the State in this court in the trial
and argument OF the Cash.Sbannon dueIing
cases, and in compliance Herewith am In
attendance at this term OF the Darlington
Sessions. find number OF prosecutions
which have been instituted against 4. B. c.
Cash and Others for offences alleged to have
been committed in this county Of Darling
ton in the month OF July last.
The alleged offences embrace sundry vio-
lstions Of the duelliDg acts, and in so far az
f. B. G. Cash is concerned fighting duel
and the homicide OF William NJ. Shannon
therein. | have been unable TO obtain at
the present term OF the court the evidence
necessary in my judgment for the proper
presentation to the Court and jury OF the
facts on which these prosecutions are alleged
TO rest.
The parties charged all being on bail no
greater ill-consequenceS can possibly result
to them from the postponement OF further
proceedings on the part OF the State while
the prosecutions are in their present status
than would result from continuance OF
bills Of indictment found. After the most
careful consideration which / have been
able 10 give to the subject | deem it due
alike to the Court, the grand Jury. the
parties charged, the witnesses, the grave i'm
portance Of the issues involved, the respon-
sibility imposed upon me by The special re-
quirement OF the Governor and to the in-
terests OF the State not TO ask your Honor
longer to detan the grand jury, but to an
Dounce to your Honor that no bills OF in
dictment will be given out at the present
term Of the court in the Casb-Shannon duel
ling cases.
Msior A. c. Spain, Colonel Cash's coun-
sci, after listening very atientiyely to the
Attorney-GeneraPs statement, said that the
accused were in court and ready for trial.
After what the Attorney-Genersl had said,
however, they could OF course make no OBJ
lection. He would only Insist upon one
thing, and that was that the recOgnizanceS
OF all the parties should be renewed, and
that they should be allowed to depart from
the courthouse upon the same status as
they had entered it. He presumed that the
Attorney-General would not ask for addi-
tiOnal bail.
The Attorney General replied that Of
course he would demand no further bail,
and consented that the status OF the defend
ants should remain unchanged.
Judge AIdrch said that OF course the
matter was one entirely within the control
OF the prosecuting officers OF the Stste, and
one over which the Court had no power.
I'm view OF the Attorney Generals state
ment, the grand jury, as soon as they had
visited the public offices and made their
presentnent, would be discharged Tor the
term.
This ended the coloquy, and the court
house was very soon emptied OF nearly all
its occupants. | think the sudden post
pOnement OF the cases was surprise to
great many, and, from long conversation
had with Colonel Cash last night, L am
satisfied that TO him ii was disappoint-
ment FROM his remarks i feel assured that
he has the strongest faith in the Justice OF
bis cause, and, as he expressed II, he would
never feel that the injury which had been
done himself and family could be repaired
until a trial was had and the whole truth
was brought out. To those who were
bound over as accomplices on both
sides / am satisfied the postponement
was a great relief. They hold unpleasant
connection with an unpleasant affair, and
postponement OF the cases is generally re-
garded as final settlement Of the whole
affair so far as the law Is concerned. For
myself, however, am not prepared to say
that the postponPment to-day Is final set
Element OF the cases. am assured that un-
less some great change takes place between
now and then an effort will be made to
bring the accused to trial at the next term.
The success OF this effort will depend then,
as it did at this term, upon the ability OF the
prosecuting officers to secure the necessary
information.
There is no very great mystery surround
Ing the postponement OF the cases as some
people seem to think. The whole reason,
In a nutshell, is, that after working dill
gently from Saturday until to-day, the At
torney- General has been unable to get the
witnesses necessary 10 place the case prop
erly before the grand jury or the court.
Those who were witnesses, whatever their
personal feelings are, would not for the
werd volunteer their services as witnesses
for the State. The Attorney-General waited
until the last moment in hope OF securing
The desired information, aud when sent for
by the Court there was but the one course
for him 10 pursue.
The postponemsnt will at least have the
effect Of quieting the excitement which has