The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-06-30

4 'fsrtilt ~ - .af..t
! Special Dispatch 10 The .Netrs and CDurier.
5DAgLrHeToN, juno q. 4
The Cash case was called at 8 o'clock
Today. The State and defence were
both ready, and at $50 o. m. tho indict-
nent for murder was read. COL Cash
pleaded not guilty, and the jury was i'm.
panelled in about 20 minutes, all white,
and only one put on his voir dire. The
jury are: a<N 2'l
E. II. Griffin, Foreman; Joi- :. w.
Terry. j. J. McCown, w. 8. Campbell,
O. 81. Jones, G. ii. Brown, N. l.. Ear
rell, NJ. B. Timmons, J. w. Hcnklo, o.
r. Parrott. G. Fl. Carriway, J. A,
Young. '..eia ai,. (
At the request Of the Judge and by
consent of tho parties f. e. Norment
was appointed stenographer to take
down the testimony. The witnesses for
the State we're john o. Durant, s., NJ.
Harrell, s. N. Crossvsll, w. w. Stuckey
and Dr. III. j. Lee, whose testimony was
substantially the same as on the preyil
Gus trial. 80 /
The defence put up Mr.. John NJ. Can.
t,y who had been subp@naed by them.
In reply to questions he stated that Col.
Shannon sent the challenge, but he had
no conversations with tho deceased on
the subject. Did not know of any prop1
osition for compromise by Shannon.
Would have known if there had been!
Shannon made such q proposition. qr |
The defendant, Col. Cash, then wene
on the stand and, being sworn, said: L
did make the remark attributed to mo
about the Pee-Dee man, but not in the
spirit. attributed. I had not slept much
the night before, and the remark was in
reply to my friend with reference to my
nervousneas. No proposition Of o0npfo.
that effect was false. Col. Cash then
stated that he had been grossly miarep-
resented by the public and the press at
the time ofthe duel, and he desired to
make full statement TO the Jury, which
he wanted the public to hear 30 as to-
near his side. Tho beginning of the
diiiculty arose from the impntation of
fraud cast upon Mrn. Cash in the Eller-
be-Wiepges case, which has already been
placed before the public. He said pre-.
vious to this there had existed tue Kind
est feeling and best relations between
Col. Shannon and himself. Ho then pro.
ceeded to read the whole correspondence
between Col. Shannon and himself,
which no read from the Netrs and Courier,
stating in answer to question by the
solicitor that the copies. were correct,
except In some unimportant points,
which he corrected es he read.f After
the case was tried in Camden and from
Judge Kershaw's decree I plainly saw
that fraud was charged, and that Mrs.
Cash's attorney and Judge Kershaw
understood that fraud was charged. I
determined to get redress. / went over
to Keshaw end tho 1DePass difficulty
arose. Col. Shannon having refused TO
fight Ellerbe could not challenge him.
My son wrote an Offensive piece about
Shannon on the back of Ellerbe's circu,
lar and ,snt one to Shannon. My son
did not believe half what he wrote, but
did it to aggravate Shannon in revenge
for the insult to his mother. My son is
OF age and not under my control, and i
had nothing to do with the circular
written by him. During the first CORES
pondence my wife was living; she died
in April. My wife felt that q stigma had
been cast on her name. I had Mrs.
Cash's picture on the field. I never
fought duel before. I fought with Col.
Shannon and he fell. I objected to
fighting in the State, but Col. Shannon
was unwilling to go ont of the State. 1
had nothing to do with my sons letter
to Shannon, but would not have hesita-
ted to write it lift had been my taste, as
I desired to get revenge. wanted to
fight Shannon on accout. of the charge of
fraud. The conversation on the field
passed between my son, Ellerbe and my
sell, and could not have been heard by
any ono. They came to bid ne good
bye, and Ellerbe said "Remember, the
distance is long taw." Began said |:
Remember our poor mother" re-.
piled: "lf Col. Shannon does not disable
me, / will send my bullet through his
heart" This closed the defence.
| Mr.. Watts opened for the defence, and
was followed by Mr.. Prince. After he
had finished the court adjourned for
dinner.
After dinner the court, was called at
$50 p. m. 'sii el''a7
Mr.. Dargan, for the State, said that he
appeared in his official duty for the State,
and that he addressed the jury in their
official capacity. He made an eloquent
statement to the jury of their duties not
to be Influenced by fear, prejudice or
favor. The defendant must not be
known as Col. Cash. he was no better
nor wore than the humblest citizen OF
the land. The sole question is:E Has
the law been violated :? Is he. guilty Of
murderf If no is. it is your duty to say
1 80. You are not to look at the results
of your verdict. The judge under. the
law decides that. If you helieye him
guilty Of murder and acquit aim you are
guilty ofperiury. Has the law been vic.
4 lated? The solicitor read the law ON
murder. He called especial attention to
the malice expressed which is done in O
duel. The law draws no distinction
1 hetwesn the lier-in-.gai44 and .ha aass!!s.
IF that's the law ia not the defendant
\ guilty oftdo killing OF the accused, as it
is admitted by the defence7 He was
very explicit ON the subject of malica By
various examples and cases, and showed
:, that Col. Cash had openly expressed mai.
icos on the field. The diflculty arose
because Col: Shannon in the discharge
of his feaa{ duty; attehn ptei to set aside q
verdict In favor OF Mrs. Cash on the
score oflegal fraud. Here he explained
tho diaerenee between legal fraud and o
moral fraud. Col. Shannon in his letter
| explicitly stated that he had used the
term fraud only in its legal sense. But.
after Judge KershaW,s decree showed
that fraud had been charged, Col. Caah,
without waiting to examine carefully,
, forthwith writes an insulting lettef to Col.
Shannon charging him with lying, &c.
Il nakcs no difference what courSa has
been pufsued In references to other duel
istsi it's your duty TO act on this case
according to the evidence and your oath.
Your duty cannot DO dodged by plead.
II inv k1cknf1.aru So lnea'