The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1881-03-03
Sound Sentiments,

The following summary of the charge of
Judge Pressly to the Jury in the case of Cash,
for the murder, in duel, of Col. Shannon, in
South Carolina, expresses the true sentiment
about dueing. 1t is gratifying to read such ut
terances from Judge residing in such State
as South Carolina, for it indicates the growth
of sound sentiment on the subject which it
refers to. The dispatch is dated Charleston
S. c., Feb. 26:
The closing proceedings in the Cash trial at
Darlington yesterday were watched with in
tense interest. The argument of the ATTORNEY
General was powerful appeal consuming
over three hours. The argument was closed
by Col. A. G. Spain for the defence. At the
conclusion Of his argument Judge Pressly de-
livered his charge to the jury. He said that
this was performance Of the most painful
duty for the Judge and the 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 ancient barbarity He compared
the progress of England and the United States
in the matter OF suppression of duelling. He
had no sympathy with that civilization that is
prompt to SANDER and defame and when taken
to task declines reparation. No Christianity
or civilization was worth farthing but that
which was slow to give offence and quick to
accord redress. Judge and jury, he said, had
a duty to perform, and in performing it had
no right to regard the usefulness of laws or
tolerance heretofore given practice which he
regarded relic of barbarism. What was it
but one of those weak sickly flowers that the
foul breath of SANDER could wther? What
was it that is not firm enough in its purity to
Withstand defamation? Judge Pressly gave
various illustrations of the injustice of the Code
to participants in duels, in regard to relative
skill, strength and firmness of the combatants.
1t could only be sustained according to the
duellist's own theories of vindication Of honor.
by the strong, cool, expert against the weak,
agitated and unframed The judge alluded to
the extreme difficulty of considering the SUBJ
ject as placed before the jury But the Jury
could not stain their souls with crime because
others had done so. He charged that the COM
mon law OF England in relation to homicide
had been dsused in this State, and the LAWYER
who doubted its present force could doubt
anything. 1t would be murder under the COM
mon law now obtaining here where the ac-
cused could not prove sudden passion while
he attacked, in justification of himself. No
man could voluntarily place himself in the
post OF danger and then claim that he killed
his antagonist in self-defence Solemnlv be-
fore God and man he charged the jury on the
law on this point, that according to law the
offence with which the prisoner was charged
was murder, and it was nothing else. The
charge was listened to amid deep silence by
the multitude of spectators.
Col Cash leaned pensively on book and
heard the judges words with detected air
The jury retired at AS p. m. and the crowd
in the courtroom thinned out After long
retirement the jury returned and reported that
they could not agree and were discharged.
The accused was bailed.