Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-03-03

re elected in. 1870 70. In 1868 he was also
appointed physician to the Charleston Jail,
which place he held until 1873, when he was
appointed Postmaster by President Grant.
He was reappointed by President Hayes in
November, 1877, from which time his present
commission dates.
Dr. Boseman was vestryman of st. Marks
Church. a commissioner Of the Almshouse
under Mayor Cunningham's administration,
and regent Of the State Lunatic Asylum
under Governor Scott. He was, at one time,
Judge advocate general, on the staff Of Major:
Gen. Robert Smulls, of the colvred militia,
and subsequently was surgeon of the First
RegimentS'ate National Guards, having been
appointed to hatposlion by Governor Hamp.
ton in 1876.
DR.. Boseman was a consistent and conser-
vative Republican, and it is pleasant to be
able to say that no scandal followed him in
his public life There we're rumors ofmalfea-
sance in the destruction of the funded bills of
the Bank of the State by the committee of which
he was member, while in the Legislature,
but nothing was ever proved to his detriment,
and he enjoyed, deservedly, the reputation of
being thoroughly honest. After his appoint.
ment as postmaster he had no connection
with political work, and so gave offence to
the worst elements of the party. In his posi-
ton as postmaster he was civil and accommo
dating, and, as far as his capacity went, was
all excellent officer. It WAS the general
opinion that a more acceptable colored man
could not have been placed in such position
The scramble for the place is quite lively.
w. N. Taft, J. H. Ostendorff, Tim Hurley,
Dr.. G. H. Panknin, F. H. Carmand, colored,
and r. M. Wallace are mentioned as asp'
rants. John G. Beckman, the assistant post
master, will take charge of the office until a
postmaster is appointed,
The Cash. h.Shannon Duel.
- The trial of COL Cash on the charge Of
murder, the oAense charged being the shoot
ing and killing Of Col. Shannon in duel
last summer, occupied the principal part Of
last week in the Circuit Court of Darlington
county, his Honor Judge Presley presiding.
The testimony WAS brief, the witnesses being
of those who were present at the meeting.
The defence introduced no testimony. The
State was represented by Mr.. Solicitor Dar-
gan and Attorney General Youmans, and the
defence was conducted by Messrs. Watts,
Prince and Spain. The latter closed for the
defence on Friday, when Judge Presley de-
livered his charge to the jury.
He said that this was the performance of
most 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 civilza.
tion of Europe itself was recent thing,
and we ourselves were just emerging to
light, and even yet retain some traits of that
antecedent barbarism He compared the pro
gress of England and the United States in
the matter of the suppression ofduelling. He
had no sympathy with civilization that is
prompt to slander and defame, and when
taken to task declines reparation. No Chris.
tianity or civilization was worth farthing
but that which vas slow to give ofense and
quick to accord redress. The judge and
jury, he said, had duty to perform, and in
performing it had no right to regard the use
fulness of laws or the tolerance heretofore
given a practice which he regarded as relic
of barbarism. What was honor? Was ii
one of those weak, sickly flowers that the
foul breath of slander could wither? What
was it, that it was not firm enough in its pu'
rity to withstand defamation This honor
to be retained only by the duel was as false as
tears of sand. Judge Presley gave various
illustrations of the injustice of the code to par
ticipants in duels in regard to the relative
skill, strength and 6rmness of the combatants
1t could only be sustained, according to the
duellists own theory of viudication of the
honor of the strong, cool and expert against
the weak, the agitated and the unframed
The Judge alluded to 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
done so. He then charged that the common
law of England in relation to homicide had
never been disused in this State, and the law,
yer who doubted its present force would
doubt anything. 1t would be murder under
the common law now obtaining here, where
the accused could not prove sudden passion
while being attacked, in justification OF the
killing. No man could voluntarily place
himself in post of danger and then claim
that he killed his antagonist in self defence.
Solemnly, before God and man, he charged
the jury on the law on this point that, accord
ing to law, the offense with which the prison.
er was charged was murder and it was moth
ing else.
The charge was listened to amid deep ST.
lence, by a multitude of spectators. Col.
Cash leaned pensively on book and heard
tine Judges words with detected air. The
jury ret :ed at 4:45, p. m., and were out until
the following afternoon, when, after returning
into Court the second time and announcing
that they we're unable to agree, the Judge
finally ordered mistrial 1t was understood
that the Jury stood four for conviction and
o;obt fnr oonuittal