The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-06-03
A PAIR OF DUELS SPOILED.
The Troublesome Code In Camden-Two
Lawyers Challenged for Endeavoring to
Establish a Case of Constructive Fraud
One Declines, the other is Arrested.
Mc,cs and Courier, 2Sth uN.
CAMDEN, S. c., May 26

CAMDEN, S. c., May 26.
Our community seems peculiarly uu-
fortunate. No people discountenance
duelling more than the majority of our
citizens do. Yet for the fourth time in
less than eighteen months we are dis
turbed by efforts to arrange hostile meet
ings. This time the effort was to have a
pair of these meetings. Col. E. B. G.
Cash, of Chesterfield, challenged Capt.
w. L. DePass, of Camden, and Mr.. Rob.
ert Ellerbe, of southern Kershaw, chal.
lenged Col. w. NJ. Shannon. Capt. De-
Pass accepted and Col. Shannon declined.
Warrants against Col. Cash, Capt. De-
Pass and their seconds were obtained,
and Capt. DePass and his second were
arrested. Col. Cash and his representa-
tive succeeded in evading arrest. So the
matter stands to-day. 1t is believed that
further efforts are being made to bring
about meeting.
Now the causes of this commotion: A
Mr.. Weinges sued Mr.. Ellberbe for dam
ages claimed by reason of violence and
injury to the person of Weinges by said
Ellberbe. A verdict for about $4,000
was awarded Weinges. This judgment
was practically useless by reason of a
large judgment or mortgage against ELL
berbe held by the late Mrs. Cash.
Messrs. Shannon g. DePass for Weinges
instituted proceedings to set aside the
judgment or mortgage of Mrs. Cash.
Among the grounds upon which these
proceedings rested was the charge of
fraud, as every one seems to understand
it, legal not actual fraud. The difference
here is material. A person may by an
act or agreement commit what is called
legal or constructive fraud without, for one
moment, dreaming or intending any
wrong; without, therefore, being guilty
of anything contrary to perfect integrity.
So plain people and professional people
seem to understand the matter. Judge
Kershaw decided that ND fraud of any
kind was contained in the judgment or
mortgage, but set it aside on other
grounds. Appeal to the Supreme Court
was taken, and the cause is docketed for
future hearing.
Messrs. Shannon and DePass are called
out for their professional acts in the va
rious proceedings named, and it is under
stood that the special cause is the allie.
CATION and the endeavor to sustain, be it
understood, constructive fraud. Hearers
of the trial say that in this question and
all other matters in issue the lawyers
seem to strive to avoid anything which
might seem at all offensive. Be this
statement as it may, it is undeniable that
they are challenged to mortal combat for
professional acts which are supposed to
be most sacredly protected.
Our community is tired of these at.
tempted duels. Out of the four attempts
but one was inaugurated by resident
1t is time for US to have little quiet.
It is time for this matter of duelling to
be stopped, once and forever. Our
statute books have the law needed. 1t
is only necessary 10 execute the law.
Columbia Register, May 80.
It was rumored in Camden yesterday
that the Cash.DePass duel would take
place next week. The friends of the
prin. ioals held consultation Friday,
when it was mutually agreed to settle
the difficulty amicabl7 and honorably if
possible; but friel of Colonel Cash's
seems to be impressed with the idea that
nothing but eight" will satisfy that gen.
tleman. Major Blair, a relative of Cap.
to;n napoco hos pone tn Cash's DepOt