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

uue', "uCu uo kleScu Tue picture which
he took from his'pocket and said, Us if 10
himself: I'm worthy To be with you to-,
night" Saw Cash go off with bis son
aud several others he did not know.
q. 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. IL. Stuckey, being sworn. said that
he WAS present at = duel. He saw Col.
Cash take two . ont Of q flask be-
fore the duel. His evidence was the
same IL that Of the last witness.
VIM. ". S.ncgc:, being sworn, said lie
was present Ut the duel, about seventy.
five or one hundred yards from the
ground. There WAS talk of coippro-
mise. He heard Cash say "that he had
him fixed so he could not get out of it,"
Cash added also that lie could make a
dog fight II he had chance to write him
II 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 scared
man would act. Just after that the duel
took place. Col. a. ID. Goodwyn was
one Of those who endeavored to make a
compromise. He next heard Col. Cash
Rny to o. ID. Lee he had come 70 have a
| fight and wanted it done so lie could 90
home. He heard Col. Cash ask his son
how many shots. His son answered tha.
one shot would fix him. AS they were
going to begin ,he duel w. Is. Cash said
To his father, Cork him up" Col. Cash
replied, iii he sure to do it," He saw
| Cash after the shooting take u picture
out Of his pocket and say he had avenged
her and WAS worthy of her.
+. s. Stuckey, being sworn, said he
was present at the duel. lie heard Col.
Cash say rs the witness arrived on the
| ground, "IIe can't get out of it, he has
to fight. [ can make dog fight by
writing letter or two" lie corrob-
Grated the previous testimony rs to Col.
Cnsh's words TO the crowd aud his actions
with the picture.
Cross examined: More than fifty peo-
| pie were present. Witness did not do
anything to prevent the duel, neither did
somo g0ud citizens, neither did any one
else. They had no authority.
BY the Court-!! had inlerfercd the
contestants might have shot me to pieces.
BY the Attorney General-C Shan
mons SONS were present after the fight.
ID. q. Dubose. being sworn, said that
he was Trial Justice, the nemrc.t to the
scene of the duel. He heard of the duel
the day after it occurred. About three
weeks afterwards he instituted the PRISE
cution. He waited to sec if any OF Col.
Shaunon'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 hero rested thoir 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
would trouble the jury with no evidence,
mud thus obtained the reply in the argu.
ment.
The argument for tho State was clear,
able and eloquent, showing that the kill.
ing or n man in IL 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 Yormans was three
nn'! half hours long, aud is said to have
been the greatest effort of his life, being
model of eloquencc and reason.
The defense denied that killing in a
duel was murder in this State, claiming
that by disuse the Common law of Eng
.and had lapsed out Of existence in South
Carolina. They cited many precedents
for duelling in this State, giving the
names of ilustrious men who had fought
and killed their antagonists without
being tried for murder, aud asserting
that no man had ever been hung for
fighting duel. They made n strong
plea that Col. Cash should not be made
the only exception, aud insisted that
since the passage of the new law agninst
dueling iii this State all past offences
should be forgiven.
AT tie conclusion of Col. Spain's ar
gument, which was ingenious, affecting
and impressive, Judge PRESLEY delivered
his charge to the jug:
!io said ria: ;!i:s .";;s .ho performance
of most painful duty for Judge and
jury. There was no doubt OF the fact
that the people of tho United States were
descended from barbarous races, and that
the civilization of Europe itself was n
| recent thing, and we ourselves were lust
emerging To light, and even yet reian
s0me traits of TINT nntecedent barbarism.
He. compared the progress of England
| and the United States in the matter of
the suppression of due..ing He had no
sympathy with o civilization that is
prompt to slander and defamc, and when
taken to task declines repara,ion. No
Christianity or civilization was worth n
| farthing but that which was slow to give
offence and quick to accord redress. The
judge and jury, he said, had duty to
perform, AM IN performing 1t had no
right to rega u the usefulness of laws or
the tolerance heretofore given practice
which he regarded as a relic Of barba.
ricn. What was honor? Was It one of
those weak, sickly flowers that the foul
breath of Islander could wither? What
was it, that il was not firm enough, in it's
purity, TO withstand defamation9 This
honor to be retained only b. the duel,
was MS false as tears of sand. Judge
| Presley gave vari, illustrations of the
| Injustice of the CIde to participants in
duels, in regard 10 the relative skill,
strength and firmness of the combatants.
1t could only be sustained according to
the duellisl's own theory of q vindica.
tion of the honor Of the strong, cool and
expert against the weak, the agita,ed and
the unframed. The Judge alluded "a
the extreme difficulty of considering the
subject u placed before the jury. But
the jury could not stain their souls with
crime because others had done 30. He
then charged that the Common law OF
England in relation to homicide never
had been ia;s#sed in this State, and, I'll g
lawyer who doubted its present force
wouid duubt anything. Il :5uuu.sta. Ire
| murder undar tho Cnmmon ta, non, oh