The news and herald. (Winnsboro, S.C.) 1877-1900, 1881-03-01

~ uISuuEcilt, Hlu), ~, y. spain,
tno !eadtnk counsel for tho defense,
addressed the jury. His voice was 50
weak 1rom recent illness that it was at
Hrst, ana at times, almost inaudible,
al!d he had to sit while addressing tic
jury. l::;::.
Upon tho close of Mai. Spain's argu-
ment,, which was Ingenious, affecting
ana Impressive, Judge PRESLEY dcliv-
efeo hls'shaEse to- the jury as follows:
THE JUDGES CHARGE.
lie said that this was the perform
ance OF most painful duty tor Judge
and jury. There was no doubt Of the
tnct that the people Of the United
States were descended from barbarous
races, aud that tho civilization Of
Europe itself was q recent thing, and
we ourselves wore just emerging to
llght, ana even yet retain somo traits
OF that antecedont barbarism. He
compared the progress Of England and
inc Chlted States in tho matter Of the
suppression Of duel!ing. He had no
sympathy with q civilization that is
prompt to slander aud dcfame, and
when taken to task declines reparation.
NO Christianity or civilization was
worth farthimg but that which was
SLOW to give ,oftcnso and quick to ac-
cord redress. The judge and jury, he
sald, had duty to perform, and in.
performing 1t had 10 right to regard
the usefulness OF laws or the tolerance
heretofore given Il practice which he
regarded as relic Of barburism.
Nhat was honor? Was it one Of those
weak, sickly flowers that the foul
breath OF SANDER could withcr? What
was It, that it was not firm enough. III
rs purity, to withstand defamation
Inns hohor to be retained only by the
ducl, was rs false as tears of sand.
Judge Presslcy gave various illustra-
uois OF the injustice Of the Code to
pnrtlcipants III ducls, in regard to the
relative skill, strength and firmness of
the combatants. 1t could only be sus.
tanned according to the duellist's own
theory Of a vindication of the honor
ot the strong, cool and expert against
the weak, the agitated and the nm
framed. The Judge alluded to the cx-
trcme difficulty Of considering the
subject rs placed before the Jury. But
the jury could not stain their sonls
with crime because others had done
so. He then charged that the common
law OF England in relation to homicide
never had been disuscd in this State,
and the lawyer who doubted its pres
cnt forge would doubt ANYTHING. II
would be murder, under the common
law now obtaining here, where the
accused could not prove sudden pas
sion, while being attacked, in iustiiica-
hon OF killing. No man could vo}un-
tarliy place himself in post Of dam
ger, and then claim that he killed
his antagonist in sclf-defensc. Solemn
~ before God and man, he charged
the jury Oh the law on this point, tiiat,
according to the law, the otfense 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 Spec
tators. Colonel Cash leaned pensiyely
on book and heard the Judges words
with detected air. The jury retired
at 4.43 p. M, and the crowd in the
court room thinncd out.
Tho Result of tho Trial.
DARLINGTON, February 26.-Thc
jury IN the Cash case went 10 their
room at haltpast five o'clock Yesterday
afternoon and remained out sixteen
hours. After the Court opened this
morning they came in, and the fore
man stated that they could not agree.
The Judge sent them back with in
structions. They came back i'm aboui
fifteen minutes wilhout=an agreement
and were discharged. There is no
Likelihood Of further trials i'll the CASH
Shannon duel at this term, asthe Court
purposes to dispose Of the prisoners in
So ended the first trial Of this unioue
case, !hc general opinion being that it
VIII never be revived. The Jud e
allowed Colonel Cash to turnsl, bail in
two Surctics for $4,000. the same sum
that was fixed for his bond at Tic DEC
liminarv hearing.
1he main prosecution having flilcd
10 convict, the cases against Mcssrs,
". Is. Sanders and VIM. L. Johnson.
thc seconds respectively Of Colonel
Cash and Colonel Shannon, were con-
unucd to the next term of court.
IL is now Known that the Jury stood
el&ht for acQuittal and four for convic-
tlon. Previous to the trial the friends
OF Colonel Cash were confident Of an
Acqultt"l; but The unexpected viuor
ana earncstliess with which the prose-
cutiof, was managed probably pre-
pared them for less favorable result.
'ii'>i N'l-oNtL CASH THINKS.
FLORENCE, February 26.-Coloncl
ash returned to his home this eve
ming. just after he gave bail had q
few words with him. He remarked
that after the Judges charge he was
prepared for any verdict the Jury
might give. He protested that the
evidence adduced as to his words and
actions before the duel was in great
part utterly. false, and that he was
shocked at the assurnce Of It's prcscn-
tatlon. lie felt the panfulncss, he
SAID, OF obedience to the directions of
ms counsel III making no reply to the
Interpretations with which he be-
iievcd himself assailcd, but was glad
that the evident change Of sentiment
III Darlington was the result Of reason
and not obtained through any protcs-
tatlons on his part. Perhaps the best
cncomium Youmans' speech received
was from the prisoner against whom
1t was directed. Hc aycrred that if
the Attorney General had continted
his argument q little longer he himself
would have been convinced against
his pNnuinfi,>n rl