The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-03-03

been able to agree upon verdict.
Judge Presley said that the State had
able counsel u defend it's rights: the
defendant had able and faithful counsel
TO defend his srights, and the Court pro.
posed to instruct the jury in its rights.
He explained the law touching cases of
agreement by juries, but said that
he had nothing more to add to the Jaw or
the facts of this case. L sent them out
according to law, and instr Led them in
their proper course in the mstter.
The Attorney General then, as one
specially concerned, asked that the
remaining duelling cas- be tried
before the minor casts which would
have precedence in the regular order
The Judge responded with some
asperity: II think that the duel has had
enough Of the time Of this Court, and
1 intend to proceed with the business
concerning the prisoners in Jail" He
added, moment after: at is of more
importance that the Jail be relieved of
its prisoners than that the time OF the
Court be spent in vain endeavors to
force juries to verdicts they do not intend
to render"
just ,hcy the jury emerged from their
room and resumed their places in the
box. The Court was instantly in q hush
Of expectation. The foreman announced
very positively that they were unable to
agree on a verdict.
This was final, and a murmur Of relief
ripplod through the crowd.
The Judge said: Enter NJ strial in
this case, Mr. Clerk
So ended the first trial Of this unique
case, the general opinion being that it
will never he revived. The Judge
allowed Col. Cash to furnish bail in TWO
sureties for $4,000, the same sum that
was fixed for his bond at the preliminary
hearing.
The main prosecution having failed to
convict, the cases against MeAsrs. w. B..
Sanders aud Wm. Z. Johnson, the sec.
onds respectively Of Col. Cash and Col
Shannon. we're continued to the next
term of court.
1t is now known that the jury stood
eight for acquittal and four for convic.
ii0D. Previous to the trinl the friends Of
Col. Cash were confident Of an acquiital !;
but the unexpected yignr and earnestness
with which the prosecution was man
aged probably prepared them for less
favorable result.
FLORENCE, February 26-p. m.
Col. Cash returned to bis home this
evening. Just after he gave bail, had
a few words with him. He remarked
that after the Judges charge he was
prepared for any verdict tho jury might
give. He protested that the evidence
adduced rs to his words and actions
before the duel was in great part utterly
ialse, and that he was shocked ut the
assurance of its presentation. He felt
the painlulness, he said, of obedience to
the directions of his cnunse! in making
no reply 10 the msrePvesenfsiinEs with
which lie believed himself asxaiIed, but
was 81 lad that the evident change of sen.
reason and not obtained through any pro-
tinent in DaI lington was the result uf
testations OH his part. Perhaps the beat
encomium Youman's speech received
Was from tho prisoner against whom it
was directed. He averred that if the
Attorney. General had continued his
argument little longer he himself
would have been convinced against his
own conviction and been willing to vote
with the four jurymen for verdict Of
guilty,