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JOHN T. DUNCAN WAS DISBARRE1 SUPREME COURT FILED ITS DI OISION FRIDAY. All Brought About in the Trial of Negro for Assault and Battery With Intent to Kill. Jiio. T. I>11 iK'iin lins been disharre from the prarl ice of I lie profession o law. The decision of the Stale su preme court was handed down Fri day. Duncan's case was heard ii July and the decison has been exi>ect ed daily Over since. The decree wa written by Judge U. Withers Mem mincer of Charleston, who sat i place of Justice Kiigenc Ii. (Jury, di.< (|ualificd. The court is unanimous in its dc eisiou. Jud?e Mciumiuger's opinion is ver forceful in such parts as relate to th old proverb, "A gwod name," et? Judge Mcnuninuvr recites the histor of the case, and refers to the fae that Duncan had been given waruin: in former disbarment proceedings. VVIien (lie papers were received Fri day morning, Col. I'. K. Brook* clerk of the supreme court, submit lei to Slieritl" Coieniau a certified cop soi l iiij; torth I lie order of the cour I. lull Duncan's license be cai)ccllc< I'lie paper was served in due process Duncan appeared al I lie supreme com room and asked to sec the entire dc cree. He gave mi statcmciil n his intent ions other than to say th.-i he is conscious of having done 11 wrong, I lial lie hopes some day to Ii vindicalid belore the people, I hat h harbors no malice. The whole case comes up on Hi prosecution of a negro for assault an battery with iuteul to kill. Dunca was the attorney for the accused, wh was convicted. Duncan in the elTort t got a new trial alleged (hat anollu nogr.t was guilty and presented a allidavil aliening a confession froi this negro. Solicitor Bcnct, who ju: abonl I ha I lime came into ollice, mad some i n vest iga I ions upon reporl made to him, and suhuiilted allidavil denying Duncan's allegations. Cpo this Duncan was charged with bavin .suhinilcd ''false a'ud ficticious'' aff davits. There were side issues in lli case of a sensational nature by I tli above constitute the main facts. Tli opinion of Judge Meiiuninger is n follows: Tho Decision. At the May, l!)ll(>, term of I lie coin ol general sessions foi Kicliland com tv, .Indue Klugli pr eshlinir, .Jesse Ilui ler, :i negro, was tried and eonviete under a charge of firing upon an wounding one of a magistrate's pos> senl to Ii is house lo arrest him. I<>li 11 T. Duncan, Kst|.. of the Kiel land county bar, defended llunte and, alter conviction, moved .ludu Klugli for a new trial, which was r< fused. An appeal lo the suprcn court was then taken, and .supersede; bond given, the wile of said Dunca beinti one ol the sureties thereon. I hei e was considerable delav i perlecling this appeal but pendill tlie .supersedeas in December, 1007, i conformity with the practice then e fective, as to motions for new tria ii ii 11 er-d iscovercd evidence, M Duncan moved the supreme court f< leave to apply to the circuit court <i the ground ol sut^i afler-disc.overf evidence, said evidence purporting I be, among others, an affidavit of oi dell Taylor, staling thai he was j Hunter s house nt the lime of tl shooting for which Hunter had bet convicted, and that he, not llunte did the shooting. This motion wiis resisted by M Solicitor Tiniiiierman, then solicit! of the Fifth circuit, of which Kiel land county was then a part. Tl supreme court refused this mot it but thereafter Mr. Duncan obtaiiu 41 stay of Ihe remittitur and the m lion came up for hearing at the ne: succeeding term of this court in Ma 1008. In the meanwhile, by an act < the legislature, Mr. Solicitor Tin merman was put into I lie Kleventh ei cuit ami t< the stdicitorship of ll Fifth circuit, composed of Kichlai ami Kershaw counties, tho goverw had appointed Christie Benet, Es( of the Kicliland bar. When, therefore, the said inotic came up in May, 1908, as aforesai Mr. Solicitor Bonet represented tl State, boing notified of the motic and appearing therein, produced at road an affidavit- from Jeff Taylc ontirely denying that he had ev made the affidavit which Mr. Duncj claimed lie had made, confessing said shooting; an affidavit, of Jes Myers denying that he had ever a thori/.ed an allidavil purporting to 1 from him which Mr. Duncan was u iug in support of his motion, in whit MverS staled tliat Taylor was at Hi tor's house at the timo of the slio Q ing, and other atlidavits corroborate thereof. At the trial of the oai Taylor had testified that he was i " at Hunter's house and knew uothi of the shooting. Mr. Duncan, claiming to he entir* a shocked and surprised at tho^prodi tion <>1* these affidavits, asked for tii in which to reply thereto, and \n given by the court until June 2, 191 " at which time the matter being agi f brought up for a showing in reply l~ said allidavits, Mr. Duncan insist " on reading to the court his own .if 11 davit, couched in fierce and dent " ciatory language; the substance s which wns to villifv Solicitors Ti mmiuiti and Benet and to accuse tin " together with Magistrate Lykes, w had committed Hunter upon the shot ing charge, and others in any w - connected with that prosecution, ot vile conspiracy, ("a conspiracy da y and damnable") to exculpate Tayl e convict Hunter and his witV and : jure and degrade him, Duncan, as y lawyer; and in support <?f the ger ( i.uuiess of the Taylor affidavit ir submitted :in affida\i;. purpo *1ing be from I ;.- slenogrjipl'-r, Mr>. Sic art, go imr !<> show a verv distinct i . collection, on her part, of the circu stances >f the making of that alTii vit, its suos'ance .nil 1; gcii'iinou'; j Whereupon the said motion ! I leave to apply for new trial again ret iwed. and ni I lie **.iine d this court, if its own motion, issu an order as follows: "From the affidavits in the case the Stale against Jesse Hunter a ^ Keaucis Hunter, it appears tl charges are made under oath tl John T. Duncan, au attorney of tl court, has knowingly submitted this court, false and fictitious affi< vits. 0 "ll is considered by the court tl the said charges should be inve* n gated, therefore it is ordered that I " said John T. Duncan do show eai ? I before the supreme court on Mond 1 June :i, 1908, at 10 o'clock a. in., w 11 lie should not be attached for c? n tempt or be disbarred as an at tori for submitting said allidavits. "Ordered further, a certified c?i s of this order be forthwith served the said John T. Duncan. " "Y. J. Pope, C\ J., etc.' f And oil June ti. by per curtain ^ der, Mr. Attorney (Jeneral fjyon ing requested by the court to condi the investigation and trial under said order of June 2. On motion said attorney general, the hearing i der the order of June, being defen until July If); on June 10 the coi 't made another order in the mat i- whereunder said Duncan was direct i- at the same time, to wit: July d 100S. also to show cause why he sluv ""I be attached for a contempt 'clthis court on account of so villi fvi its officers in the presence of the coi i- and using towards them such otYi r, sive language as would be unwarrj ; (> table to be used in this court uu< i*-1 any cireinnsts and so couclii ie his charges against. t hem and ot 1 is persons in such harsh and intcmp n ate language ?<nd invective as to bri himself into contempt of this coi u aforesaid. i?? Associate Justice Clary being <1 n * I u a 1 i I ied by reason oi rel'iiionship f- the said Duncan by affinity and i Is 'having participated in any of th r. proceedings, on J ilv 1."), liil)S, 0 re >r Judge Meminiuger having been nssii ?n cd by the governor to lake the pi; -,1 of Justice Clary, and the court be lo thus composed and ready to proei n? with l lie matter, .Mi1. Schumpcrt it pea ring for Mr. Duncan and Mr. . io torney (ieneral Lyon for the Sti >u due return was made to said ord r, on behalf of Mr. Duncan; the reti being as to the first order, un< r. which disbarment was involved, >r presenting false and fictitious al li- davits; in substance a detailed stji ment of the circumstances, un< >n which he claimed the Taylor and .\ >d ers allidavits were obtained; i). thus presenting a (dear issue of f xl upon this question; as to the sec< y, order, under which attachment ?f contempt was involved, as a fores: n- in substance a reiteration of tlie r- le?ed conspiracy charged iu the al 10 davit of June 2, involving the cha ,(1 of theft of papers in the case by ] or Solicitor Tinimcrmau in conspirj with Mr. Solicitor Benet and othe and, while reaffirming said charj m expressing avgre.t and aj>ology for d, ?*? intemperato language in wh lc said affidavit was couched, the i >n cumstancos of extenuation being id loged to have been great haste in ?r, preparation of the affidavit with er opportunity for revision or of ref! m tion upon the same. to Whereupon" tlio issues being m so up under said orders of the court j u- the said returns, and the tostinw bo being delivered orally and ste s- graphically reported; the State be jli the actor therein; and the hear >?- continuing through the stud loth of ot- July and the noxt day and argument ivc being heard on behalf of tdio req>on- , ise dent (Mr. Attorney Cieneral Lyon) lot declaring his unwillingness t-o press * ng the matter by argument; it being up- , on the facts for the court; and theresly fore nbt arguing tho same, the court uc- reserved its decision and now after me due deliberation proceeds to announce 'as tho same. r\o f t J , > The questions arising for decision mi are: Whether upon tho record thus presented said John T. Duncan shoidd be disbarred and stricken from the } l" roll of attorneys of this State and ' in* should he be punished for contempt ol of this court in respect to the matm tor of his affidavit of June 2 afore31,1 said. i' i l poll the question of the alleged ise "^''davits Taylor and Myers be, ^ ing false <wnd fictitious, and l)eing ).i< thu? knowingly presented to this I ()l. c?nrt by Mr. Duncan as a basts of his in- m<.>t'on *m' leave to apply for a new n f<?r Hunter in tJie circuit court, m'- wo 'lilV0 ("either purporting to be J signed by tho affiant, but by Iiis mark) Mie affirmance of Duncan that xv. 'he affidavits were fairly made by tlu; ^ alleged allianls,, and the point blank m- the alliants of ever having j made or sanctioned them. 1? properly solve this question or therefore we are. called upon to weigh ' ,.,s il in tihe light of the intrinsic prob- J abilities of the situation, that is, is ( i(>(| 'I probably true that Taylor or Myers would either have made tlu- alii- 1 0j> davits purporting to have been made nd '),v ''',n 'or Duncan? iat As lo Myers, there is no light ] af thrown directly by these probabililiis lies. He merely states that Taylor lo was a I I lie house where the shooting j la- took place; but as lo Taylor, the Dun- i can affidavit if genuine, would have t iat him confessing t<> crime for which \ iti- another had been Iried and convicted, he aind to a perjury at that trial; for he ( ise had there sworn that he was not at ay, the house and knew nothing of (he r],y shooting. on- We start then with Mint as an inley trinsic improbability. The next point , is. is it true that, he and not Hunter . >p.v did (lie shooting? And if true, and on the tact that an innocent man had been convicted for his crime, would ' be a cause impelling him to confess, ! or. then that might be taken as an inbc trinsic probability that he would ! iuq make the affidavit Duncan claims he its n <h>. j Ibis point drives ns to inquire j in- whether or not it is true that Taylor 1 red and not Hunter did the shooting." i lut After a careful consideration of all the evidence, we can not but answer * _ "'is question in (he negative and un! ">, dor write the verdict of t.lie jury J dd which convicted Hunter. i?f 'in . ., In r ^ i Here is ol course some conflict in " the testimony upon which Hunter was ' ^ convicted in the circuit <>ourt, as well < as that taken in this court on that ; question; as there will ever be in the ,investigation of issues of fact; but W ,,1ir?Un,,out l,u'n) is (,irei>t testimony of unimpeaehed eye witnesses that Hunter's wife handed him the gun, 7 aftw' ? parley with the posse which 1 had come to his house to arrest him, ' and that he did the shooting. Then ' hs" '1'cive the testimony of Sheriff ] to Coleman of Richland count v (not { ?ot brought forward at the trial on cir- * enit) of the confession of Hunter to ' ">t him very shortly wfter his arrest. ! rjii- From this testimony it appears that 1 <'o Sheriff Coleman had known Hunter ' nig from boyhood and thought well of (< him end was well-disposed towards 1 and was surprised at his becom1 nig implicated, in so serious a charge, ite, asked him in a friendly way why lie rrs ,K'vd done it, whereupon Hunter acini knowledged having fire<l upon the 1 I**8*5?' his excuse being that it was I lo' done under the advice of Mr. Duncan. ! ',l" his attorney. . . der ,, r,,0|,? is no positive evidence that fv_ 'avlor was not at the .bouse, ooitoi.nd "n,'IV0 '"s own testimony to that act f. a,ul "? m?tivc can be traced to nd "m for having done the shooting. On fo|. behalf of Duncan's theory throughout that Taylor was tho guilty man, ^ we have the sugsresli^n that Taylor, ' r'fj beincr at the hosne. shot, in defense v?c of Hunter, whom it is charged fired \fr nn^er corner of the house, the posse lcv ?t>0.n,n? on him there, and it was ^ intimated in support of this theory rCS' t,mi. 11,0 n rk of the shot in that the r^>rtlon of thft bouse would demonic!. ! t0 tho thcory- ^ was a matejr ter susceptible of direct proof but ' al- Wnf hrou^,f- 'ofnward. Some tho ?l, 12 Wj^,aSSOS bpou^ht forward on out p., lf Dllnoan at this hearing !ec- ^!1<!U .0r,y to corroborate his theory I He testimony from tho weather Iniide rU ??mp? nt CoIumbia- nine miles ? from the scene, as to the cloudy con>nv 1??, ?f. tho w t-her at Columbia, > and the inference sought therefrom, o- tha Hunter could not have been inir fV,S' i ,?r "h'ntifical ion, fails to ont tt'oigh the positive.testimony of the TJ C3 ' ^ 2 O W > Hr, ^ a ^5 ? >ii y vi o r-f~ o 2 3 a>h**3Lj O?P 2. g q s* S n ? g/fc P cr 7* tJ E_]o^-f3ufJ Sc* = EE 22 ^ co ^ ~ ? P P r 09 Mrs. Alice Robertson, TEACHER OF Ifoice, Piano and Harmony. Studio Over Mower's Store. Opens Sept. 1st. VIOLIN MUSIC: Vliss Carrie Pool will give instruction on the Violin, beginning September the 14th. \ddress: 1727 Harrington Street. Phone: No. 78. \ LANDER COLLEGE (Formerly Willianiston Female College). GREENWOOD, S. C. Rev. John 0. Willson, President. r^I'KNS Sept. 18. 1908. Comfortable, ateam1 heated, electric lighted building, in cltv I limits. Good'food. Homelike life and J oversight. . Thorough teaching and training. Kine work 11 music ami art. Cost reasonable. Send for catalogue. Due West Female College. With the best modern convenences and equipment, and high >taudards of teaching and living, ihis is an ideal place for prepara:ion for the great responsibilities :>f womanhood. TERMS MODERATE. For attractive catalog write REV. JAMES BOYCE. Due West, S. C. University of South Carolina Wide range of choice in Scientific, Literary, Graduate and Professional Courses leading to degree af Bachelor of Arts, Bachelor of Scierce, Licentiate of Instructions, Bachelor of Laws, Master of Arts, Civil Engineer and Electrical Engineer. Well equipped Laboratories, Library of over 40,000 volumes. Expenses moderate. Many students make their own expenses. Next session (104th) begins September 23d, 1908. For announcement write to the President, Columbia, S. C. 1785 College tf Charleston 11 harleston, S. C. 124th Year Begins September 25th. Entrance examinations will be held at the County Court House an Friday, July 3, at 9 a. m. All candidates for admission can compete in September for vacant Boyce Scholarships which pay $100 a year. Dne free tuition scholarship to each :ounty of South C&rolina. Board and furnished rcom in dormitory Si 1. Tuition $40. For catalogue, address Harrison Randolph, President. Piano and Organ Economy. If you are interested in the purchase of ? PIANO or an ORGAN, we want to sell you one Don't think you must go to some mail ordei house to buy a low priced piano or organ; noi outside of South Carolina to get the best piaiu or organ. We have a great variety of grades and all styles, at prices which cannot fail t< interest you We are manufacturers' factorj representatives for several of the largest am most famous makers of pianos and orgnns. We take old instruments in exchange am make most liberal terms of payment to tlios< who wish to buy on time. No house? quality o pianos and organs considered? can undersell us Twenty-four years of lair dealing in Columbia and throughout South Carolina is our refereuc< and guarantee. Write us at once for catalog price and terms. Malone's Music House, Columbia, S. C PIANOS ANI> ORGANS. / SUMMER EXCURSION RATES Via Southern Railway. Round trip summer excursion tickets to seashore nnd mountain resort points nro now on sale via Southern Railway at greatly reduced rates. Tickets good returning until October 31st, 1908. Asheville, Waynesville, Hendcrsonville, in tlu "Land of the Sky'!j Lake To'xawaj and the "Beautiful Sajiphire Country," now in their glory. Apply to Southern Railway agent; for rates, tickets, etc. J. C. Lusk, Division Passenger Agent. J. L. Meek, Charleston, S. CAsst. Oen'I Passenger Agt., Atlanta, Ga. The Commercial Bank, I NEWBERRY, S. C. Condensed from report to State Bank V Examiner at the close of business June - 4th, 1 908: | RESOURCES: Loans and Discounts $371,217.20 p Overdrafts - 6,521.92 Furniture and Fixtures 3,1 16.93 Cash - 30,599.38 ^ $411,455.43 LIABILITIES: Capital $ 50,000.00 Undivided Profits net 55,887.90 Dividends Unpaid 1,1 12.00 Cashiers Checks 12.00 Due to Banks 1,063,32 Individual Deposits 303,380.21 Borrowed Money None I $411,455.43 I JNO. M. KINARD, O. B. MAYER, J. Y. McFAIX, |g President. Vice-Pres. Cashier. | 4 Per Cent. Interest Paid in Our Sav1 ings Department. Newberry Col. lege E Two Courses: w 1 Bachelor of Arts I B Languages and Mathematics E with Electives r 2 Bachelor of Science r Mechanical and Electrical y Engineering with A. B. English C HIGH STANDARDS O GOOD SANITATION L UNUSUAL ECONOMY L Positive Moral Influences E OPENS SEPT. 23. G For Illustrated Catalogue Aro^sDsF E E J. A. B. Scherer, Newberry, S. C. CH1CORA COLLEGE, ' | GREENVILLE, S. C. I Owned and controlled by the Presbyteries of the Synod of South Carolina. A high grade college for women. A Christion home school. Graduate courses in the Arts and Sciences, Music, Art, Expression, Gymnastics and Business. Large and able faculty, beautiful grounds, elegant buildings, modern conve. tiiences, healthful climate. Location in Piedmont section, and in city of 25,000. EXPENSES FOR THE ENTIRE YEAR. A. Tuition, Board, Room and Fees ..... 1183.00 B. All included in proposition (A) and Tuition in Music, Art or Expression #203.00 to $213 00 Next session opens September 17th For catalogue and information address S. C. BYRD, D. D., President. REPORT OF CONDITION OF THE EXCHANGE BANK l | of Newberry, S. C., ; condensed from report of State Bank Exam: iner June 4th, 1908. r . RESOURCES: i : Loans and discounts $i 00,7^8 76 Overdrafts 2,115.92 . Furniture and fixtures 3,696.62 Cash 011 hand and in Banks 26,548.34 $232,099 64 LIABILITIES: Capital stock $ 50,000.09 Surplus, net 8,439.70 Unpaid Divided* 12.51 Cashiers Checks 1,162.80 Bills Payable 65,ooo!oo Deposits, | riiiai ^ I?492?74 * ( Individual 105,991.82?107,484.57 $232,099.64 Reliable and absolutely safe. We pay 4 per cent 011 time deposits. , J.D. DAVENPORT, M. I, SPEARMAN, Piesident. Cashier. EDW. R. HIPP, W. B. WALLACE, Vice-President. Assistant Cashier. GEO. B. CROMER, Attorney.