The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-03-03
hean allie to oprce upon n verdict.

Deen aOle 10 agree. upon u ftTulCt.
Judge PRESLEY said tha, the State had
able counsel to defend its rights; the
defendant had able and faithful counsel
to defend his rights, aud the Court pro-
posed to instruct the jury in its rights.
He explained the law touching cases Of
management by juries, but said that
he had nothing more to add to the law or
the facts of this case. He sent them out
according to law, and instructed them in
their proper course in the matter.
The Attorney General then, rs one
specially concerned, asked that the
remaining dueling cas- be tried
before the minor casts which would
have precedence in the regular order.
The Judge responded with some
asperity: 81 think that the duel has had
enough of the time of this Court, and
I intend to proceed with the business
concerning the prisoners in Jail" He
added, moment after: ut is of more
importance that the Jail be relieved Of
its prisoners than that the time of the
Court be spent in vain endeavors to
force juries to verdicts they do not intend
to render"
Just then the jury emerged from their
room and resumed their places in the
box. The Court was instantly in hush
of expectation. The foreman announced
very positively that they were unable to
agree on a verdict.
This was final, and a murmur of relief
rippled through the crowd.
The Judge said: Enter mistrial in
this case, Mr.. Clerk.
Su ended the first trial Of this unique
case, the general opinion being that it
will never be revived. The Judge
allowed Col. Cash to furnish bail in two
sureties for $4,000, the same sum that
was fixed for his bond at the preliminary
hearing.
The main prosecution having failed to
convict, the cases against Messrs. W. B.
Sanders aud VIM. Z. johnson, the sec.
onds respectively Of Col. Cash and Col.
Shannon, were continued to the next
term of court.
1T is now known that the jury stood
eight for acquttal and four for conyic:
,ion. Previous to the trial the friends of
Col. Cash were confident of an acquittal; !;
but the unexpected vigur and earnestness
with which the prosecution was MAN.
aged probably prepared them for a less
favorable result.
FLORENCE, February 26-p. m.
Col. Cash returned to his home this
evening. Just after he gave bail, | had
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
assurance of its presentation He felt
the paiufulness, be said, of obedience to
the directions of his counsel in making
no reply 10 the Misrepresentation with
which he believed himself assailed, but
was clad that the evident change of sen.
reason and not obtained through any pro.
timent in Darlington was the result Of
testations on his part. Perhaps the best
encomium Youman's speech received
was from the prisoner against whom it
was directed. He averred that if the
Attorney. General had continued his
argument a little longer he himself
would have been convinced against his
own conviction and been willing to vote
with the four juymen for verdict OF
guilty.