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

duel, whom he kissed the picture which
he took from his;pocket and said, as if 10
himself: "I'm worthy to be with you to-
night" Saw Cash 60 off with his SON
aud several others he did not know.
S. Miller Harrel, being sworn, said he
was present at the duel. He heard O..
D. Lee tell Col. Cash not to kill Shan
non. He corroborated the evidence of
the last witness in most particulars, but
adduced nothing now.
w. H. Stuckey, being sworn, said that
he was present at the duel. He saw Col.
Cash take two drinks out of flask be-
fore the duel. His evidence was the
same Us that of the last witness.
VIM. w. Stuckey, being sworn, said lie
was preselt at the duel, about seventy
five or one hundred yards from the
ground. There was talk of colDpro-
mise. He heard Cash say "that he had
him fixed so he could not get out of it"
Cash added also that he could make a
dog fight if he had chance to write him
u letter" Witness heard the talk about
the Pee-Dee man and saw Cash take two
drinks. He saw Cash then shake his
knees to show the crowd how q scared
man would act. Just after that the duel
took, place. Col. A. d. Goodwin was
one of those who endeavored to make a
compromise. He next heard Col. Cash
say to O. D. Lee he had come to have a
fight and wanted it done so be could go
home. He heard Col. Cash ask his son
how many shots. His son answered that
one shot would fix him. AS they were
going to begin the duel w. B. Cash said
| to lis father, "Cork him up." Col. Cash
replied, "I'll be sure to do it." He saw
Cash after the shooting take picture
out Of his pocket and say he had avenged
her and was worthy of her.
T. S. Stuckey, being sworn, said he
was present at the duel. He heard Col.
Cash say as the witness arrived on the
ground, "He can't get out of it, he has
to fight. I can make dog fight BY
writing a letter or two" He corrob-
GRATED the previous testimony as to Col.
Cash's words to the crowd and his actions
with the picture.
Cross examined: More than fifty peo-
pie we're present. Witness did not do
anything to prevent the duel, neither did
some good citizens, neither did any one
else. They had no authority.
By the Court-If / had interfered the
contestants might have shot me to pieces.
BY the Attorney -General-Col. Shan
mons sons were present after the fight.
D. G. Dubose, being sworn, said that
he was Trial Justice, the nearest to the
scene of the duel. He heard of the duel
the day after it occurred. About three
weeks afterwards he instituted the pr6se.
cution. He waited to see if any of Col.
Shannon's relatives were going to take
action, also to see if the Camden Anti
Duelling Society would act. They did
not, and witness then determined to act
himself.
The prosecution here rested their case.
During the giving of this evidence Col.
Cash had been quietly listening with an
open book ut his ear to assist his hearing.
He was as cool as any one present. Ma.
ior Spain announced that the defence
would trouble the jury with no evidence,
and thus obtained the reply in the argu'
ment.
The argument for the State was clear,
able and eloquent, showing that the kill
ing of man in a duel was murder under
the common law, and that the jury upon
their oaths were bound to convict under
the testimony adduced. The speech of
Attorney General Youmans was three
and half hours long, aud is said to have
been the greatest effort of his life, being
model Of eloquence and reason.
The defense denied that killing in a
duel was murder in this State, claiming
that by disuse the common law Of Eng
land had lapsed out of existence in South
Carolina. They cited many precedents
for duelling in this State, giving the
names of iIlustrious men who bad fought
aud killed their antagonists without
being tried for murder, and asserting
that no man had ever been hung for
fighting duel. They made strong
plea that Col. Cash should not be made
the only exception, and insisted that
since the passage of the new law against
duelling in this State all past offences
should be forgiven.
At the conclusion of Col. Spain's ar.
gument, which was ingenious, affecting
and impressive, Judge PRESLEY delivered
his charge to the jury:
He said that this was the performance
of mnst painful duty for judge and
Jury. There was no doubt of the fact
that the people of the United States were
descended from barbarous races, and that
the civilization of Europe itself was a
recent thing, and we ourselves were just
emerging to light, and even yet retain
some traits of that antecedent barbarism.
he compared the progress of England
and the United States in the matter Of
the suppression of duelling. He had no
sympathy with civilization that is
prompt to slander and detame, and when
taken to task declines reparation. No
Christianity or civilization was worth a
farthing bu, that which WAS slow to give
offence and quick to accord redress. The
judge and jury, he said, had duty to
perform, aud in perfor.ning it had no
right to regard the usefulness of laws or
the tolerance heretofore given practice
which he regarded as relic of barba-
'rism. What was honor? Was it one of
those weak, sickly flowers that the foul
breath of sander could wither? What
was it, that it was not firm enough, in its
purify, TO withstand defamation? This
honor, to be retained only by the duel,
was rs false as tears of sand. Judge
Presley gave various illustrations of the
injustice Of the Code to participants in
duels, in regard to the relative skill,
strength and firmness Of the combatants.
1t could only be sustained according to
the duellist's own theory of vindca.
ton of the honor Of the strong, cool and
expert against the weak, the agitated and
the unframed. The Judge alluded t"
the extreme difficulty of considering the
subject as placed before the jury. But
the jury could not stain their souls with
crime because others had dune SO. He
then charged that the Common law Of
England in relation to homicide never
had been disused in this State, and the
lawyer who doubted its present force
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