The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-03
the cash Tria, i'm nouth,Cnrolina.


Charleston, S. c.. Feb. 26.-The closing pro-
ceedings in the Cash trial at Darlington yes
terdsy, were watched with interest. The5ar-
gumalt of the attorney general was power
ful appeal, consuming over three
hours. Argument was closed by
Colonel a. G. Lpain for the defense at the
conclusion of his argument Judge Presley de-
livered his charge to the jury. He said that
this was the performance OF a most painful
duty for judge and jury. There was no doubt
of the fact that til p5opis Of the United states
were descended from barbaTous races,and that
the civilization of Europe itself was "a recent
thing, and we ourselves were just emerging 10
light and even yet retain some traces of that
ancient barbarian. lie compared the progress
of England and the United states in the mat
70; Of the suppression of duellng He had no
sympathy WITH civilization that ls.Prompt
to Islander and defams, and when taken 10
task declines PREPARATION, No chr t.auity and
civilization was w0 Tia ferthing but that
which was slow to give otTeuse and quick to
accord redress. The judge anu jury. he said,
I al "a duty to perform, and in PERFORMING 1t
had 10 right to regard the usefulness of tho
law or the tolerance heretofore given q prac.
lice which he regards as relic of barbaTia m
WHAT waB it that one of those weak, eicAiy
flowers that the foul breath of Islander could
wither? What was 1t that 1t was not 1tm
enough In its purify to wither de-
namation2 This honor 10 be retain
ed only by duel, was as false as the tears Of
sand. Judge Presley gave various illustrations
of the inju ,tics of the code TO the i elephants
In dueling, In regard to the X tive skill,
n, -. IL
could only be sustained accordins to the dusl-
istB' own theory of ths vindicatiol of honor by
a ntrong expert against weak, agisated ano
unframed one. The judge alluded to the ex-
treme difficulty of considering the subject as
plsceU before a jury, but the jury could not
stain their souls with crime because others
had done so. lie charged that the scou.
mon law of England in relaH1
to homicide hal never Leeu
disused In this state, and the lawyers who
doubted It's present force could doubt any
thing. IL would bs murder unIef the COM
mon law now obtaining here. This accused
could not prove sud leu passion, while bsing
attacked, In justification of the killing. No
man conld voluntarily place himself IN tn
post OF danger aud then claim that he killed
his antagonist Ia self-5efsnse, solemnly be-
fore God and mau. BE charged the jury on
the laws on this point, that according
law. the offence with which he prisoner was
charged, was murder, aud il was nothing
else. The charge was listened to and ceep
Silence by the multitude Of spectators. Coz
Cash leaned penslvely on a book and heard
the the judges words with G detected air
The jury retired a. lIj p. m. and the crow
in the oonrt room thinned ont. At 8, u. fg4,
tee jury had not returned and court was still
In session, theitired assembly waiting about the
court room till lO45 p. M. when tae jury not
having brought In veraict, court was ad-
till 10 O'Clock this morning.