The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-06-30
THE TEAL OF COL. E. B. C. CASH,
Evidence for the State Same rs on Prsri-
Gus Trial.
Special Dispatch to the Ne,us and Courier.

Special Dispatch to the Ne,us and Courier.
DARLINGTON, June 21.
The Cash case was called at 9 O'Clock
to-day. The State and defence were
both ready, and at $50 a. m. the indict
ment 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:
Z. M. Griffin, Foreman; John. W.
Terry, J. J. McCown, w. S. Campbell,
@. II. Jones, @. A. Brown, N. L. Har-
rell, NJ. B. Timmons, J. W. Henkle, G.
N. Parrott. G. H. Carriway, J. A.
Young.
At the request of the Judge and by
consent of the parties F. E. Norment
was appointed stenographer to take
down the testimony. The witnesses for
the State were John 0. DuEant, S. n.
Harrell, S. M. Crosswell, W. W. Stuckey
and DR.. II. J. Lee, whose testimony was
substantially the same as on the previ-
GUS trial.
The defence put up Mr.. John NJ. Can
tey who had been subpnnaed by them.
In reply to questions he stated that Col.
Shannon sent the challenge, but he had
no conversations with the deceased on
the subject. Did not know of any prop
osition for compromise by Shannon.
Would have known if there had BEEN
Witness was certain that no friend of
Shannon made such proposition.
The defendant, Col. Cash, then went
on the stand and, being sworn, said: 1
did make the remark attributed to me
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 1ny friend with reference to rny
nervousness. No proposition of compro.
mise was made to me. The testimony to
that effect was false. COL Cash then
stated that he had been grossly misrep-
resented by the public and the press at
the time of the duel, and he desired to
make full statement to the jury, which
he wanted the public to hear so as to
hear his side. The beginning of the
difficulty arose from the imputation of
fraud cast upon Mrs. Cash in the Eller-
be-Wienges case, which has already been
placed before the public. He said pre-
vious to this there had existed the kind.
est feeling and best relations between
Col. Shannon and himself. He then pro.
ceeded to read the whole correspondence
between Col. Shannon and himself,
which he read from the Mews and Courier,
stating in answer to question by the
solicitor that the copies were correct,
except in some unimportant points,
which he corrected as be read. 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 Kershaw and the -DePass difficulty
arose. Col. Shannon having refused to
fight Ellerbe could not challenge him.
My sou wrote an offensive piece about
Shannon on the back of Ellerbe's circu-
lar and sent one to Shannon. My son
did not believe half what he wrote, but
did tito 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 stigma had
been cast on her name. had Mrs.
Cash's picture on the field. 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 60 out of the State. 1
had nothing to do with my sons letter
to Shannon, but would not have hesita.
ted to write it ifit had been my taste, as
I desired to get revenge. I wanted to
fight Shannon on accout of the charge of
fraud. The conversation on the field
passed between my son, Ellerbe and my
self, and could not have been heard by
any one. They came to bid me good.
bye, and Ellerbe said: Remember, the
distance is long taw." Began said:
Remember our poor mother" I re-
piled: eff Col. Shannon does not disable
me, will send my bullet through his
heart" This closed the defence.
MIR. 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.
Mr. Dargan, for the State, said that be
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 worse than tile humblest citizen of
the land. The sole question is: Has
the law been violated? Is he.guilty of
murder? If he is, it is your duty to say
so. You are not to look at the results
of your verdict. The judge under the
law decides that. If you believe him
guilty of murder and acquit him you are
guilty of perjury. Has the law been vio'
lated? The solicitor read the law on
murder. He called especial attention to
the malice expressed which is done in
duel. The law draws no distinction
between the lier-inwait and the duelist.
If that is the law is not the defendant
guilty of the killing of the accused, as it
IS admitted by the defence? BE was
very explicit on the subject of malice by
various examples and cases, and showed
that Col. Cash had openly expressed NAL.
ice on the field. The difficulty arose
because Col. Shannon in the discharge
of his legal duty attempted to set aside a
verdict in favor of Mrs Cash on the
score of'legal fraud. Here he explained
the difference 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. Cash,
without waiting to examine carefully,
forthwith writes an insulting letter to Col.
Shannon CHARGING him with living. &c