Historical Newspapers of South Carolina

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.1 *" .witnesses who wore <at (lie place, and i swear that there was enough light fp1' them to sec and identify Hunter. So we search the record in vain for a reasonable doubt as to the guilt of Hun tea*. Wo find as a fact therefore that Hunter and not Taylor did the shooting, and was properly convicted therefor on the testimony adduced at the trial in the circuit court, strengthened by the developments at the hearing here. As Hunter did the shooting and 1 Taylor was not even present it follows that it is higihly improbable that 1 he, Taylor, would have made the affidavit which Duncan claims he made. In the light of tihis doubly demonstrated improbability we cotne to a consideration of the facts surrounding the preparation and execution of said affidavit. Here we have Mr. Duncan swearing that ^Taylor did make it, before Mr. Clark, a notary public and member of the Richland bar, in his (Duncan's office) in the presence of Mrs. Stewart, his stenographer. Mr. Clark's testimony, which is rather in the way of negative testimony, that he can not swear whether he took such an affidavit, coupled, however, with his recollection of his having sworn at his own office a tail black negro whom he believed to be Taylor, (but who proved to be Hunter and not Taylor) for Duncan; the inneudo being that Duncan had some other negro to impersonate Taylor before Clark. Then we have the testimony of Mrs. Stewart, Mr. Duncan's former stenographer. We find this testimony to clearly establish the fact that, in making her affidavit of May 29, 1908, presented by Mr. Duncan as corroborative of the authenticity of his Taylor affidavit, hereinbefore referred to, wherein she appears to substantiate the authenticity of the Taylor affidavit, as against the want of distinct recollection of Mr. Clark, she appears to have been entirely misled as to (he contents of the affidavit, and did not intend and did not i enlize that she had given any t'ich positive, detailed statement of distinct r<collection on the subject. She now states that that affidavit wns not explained to her by Mr. Duncan, and that <as a matter of fact, under oath as a witness in this court, in this proceeding, she can not substantiate Mr. Duncan's claim that Taylor appeared in his office and made the affidavit in question. Other circumstances going to throw the weight of the testimony against the authenticity of the Taylor affidavit are that. Taylor can write his name and does sign his name whenever called upon to do so, whereas the disputed affidavit there only purparts to be signed by 'him by his mark; and then the circumstance of the non-exhibition of the original of the alleged affidavit in this court, or, if ever produced, its myterious disappearance. As Mi-. Duncan accounts for the nonproduction or disappearance of the original of the affidavit by a direct charge of theft of same by Mr. Solicitor Timmerman, in conspiracy with Mr. Solicitor Benet and others, and thereby raises collateral issue whereby he seeks to justify the truth and language of his affidavit of June 2, .1908, we pause here to weigh the evidence upon this point, and our finding of the fact is that this charge is absolutely unwarranted ami unsn.vlained by the testimony. 'I lie only fact upon which it appears that (he charge could have had an origin was that some of the papers in the appeal in the Hunter case were not to be found in the office of the clerk of this court when called for; bnt this was entirely and satisfactorily explained by Mr. Solicitor Benet showing that they had been in the official possession of Mr. Solicitor Timmerman, who had laid them aside, considering the case at an end, and when it was renewed, on the motion of this court, he turned them over to his successor, Mr. Solicitor Benet, who brought them into this court and had then duly lodged and exhibited. Mr. Duncan himself, as a witness herein, confesses to the sufficiency of this explanation. So far as the original of the alleged Taylor affidavit is concerned, there ( is no sufficient proof that it ever was filed or exhibited in this court, or was ever seen by Solicitor Timmerman or Benet. A marginal note made by Solicitor Timmerman on a cojjy of the Taylor affidavit used at the bearing in this court, to wit: "This is not an original," being opposite some immaterial interlineation there| on, is strongly relic dupon by Mr. | Duncan as indicating that Mr. Solic| itor Timmerman must have bad be| fore, him at that time Hie original, I and comparing it with the copy found | there interlineations in the copy but not in the original. There would | seem to be some plausibility in this! I theory, but it is entirely explained .a . , / . . V- 1 away by Mr. Solicitor Timmermun, coui who swears in his testimony that he unfl never had seen the original; that it hem was never sorvcd upon him at Lex- upoi ington, as Duncan swears it was, and neet that his marginal entry was merely F as a memorandum for himself, as pies this was a copy being used in court, duel to remember to look up the original fore and see if t.lie copy corresj)onded witli incv the original; ho having a cause, as low he says, reasons sufficient unto him- thei self, for suspecting the good faith of goo< the whole transaction at the hands peri of Mr. Duncan. of t All this is against the truth of Mr. fort Duncan's grossly expressed charge as beei against Solicitors Timmerman and (ho Benet, and we unhesitatingly and em- here piratically find it as aforesaid and un- ii is true, and upon the testimony com- ter pletely exonorate these genetlemen lack therefrom. H Returning now to tlie main issue, that as to the truth or falsity of the charge uuil of Mr. Duncan having knowingly pre- presented to this court an affidavit pur- its t porting to be made by Taylor, but holt, not, in fact, made or authorized by unn him, we have found; That it would 'that be improbable for a man to confess fact to a crime from which another had able been tried and convicted and at whose dow trial lie had testified he was not at inn the place and knew nothing of it; he that. the. allegations of the disputed froi affidavit are not true, which renders com it still more improbable that lie would won make such an affidavit; that lie had com 110 motive for doing the slnjoting or making an affidavit falsely confess- wrj, ing it, and that the circumstances, (>xj, beyond Taylor's mere denial of it, go V(1)V far toward showing that he did not ail(i in fact make it; while in support of ,mj it-s genuineness, there is nolv the (l(j bald testimony of Mr. Duncan that he did make it. ,up. While even under this state of u.>() facts we might be unwilling to decide (and the writer of this opinion feels jaw that lie would not concur in so deciding, realizing the facility with which negroes may repudiate I heir ^ affidavits, under apparently corroborative circumstances, and the jeopardy in which every lawyer would stand jlfm were a disbarment to be predicated <>v<> upon this alone) that the affidavit was in fact never made bv Tavloir, , 1 we can not here hesitate to do so when against the probable truth of | Mr. Duncan's testimony leans the (M(rr heavy weight of his mortally wound- (mt ed reputation for truth ajul veracity as a witness. Mr. Duncan, having become a wit- 0 ness in the matter, his reputation for w>u' truth and veracity as such became V!"1 assailable, and 011 behalf of the State 1 nearly a score of representative members of the Richland bar, and men ^ of other callings, living in Columbia, ^ .' were called upon to testify and did 1 testify that Mr. Duncan's reputation for truth and veracity was known to | them, was constantly discussed and was bad, and that he could not he Vlsl believed upon his oath in any matter 1MU1 affecting uis own interest; and 1 he 1 ^ 10 cross-examination of some of these 0011 witnesses disclosed a completely <( shadowed reputation generallv at the an,N bar. ' ver' ... ^ sun So also it is in the official reports , of this court we find respondent J herein, Jno. T. Duncan, admitted to the bar during the year 1800, Vol. 48, S. C. Reports, initial page. j. In f?4(h S. C. page 401. we find t,,w tlie opinion of the court delivered by . Circuit .Indue Benet, acting associate ,, it'ii' justice, concurred in bv V. .1. T'one, .... ' ' fiii justice <?I the supreme court, now , ( ^ chief justice, and Circuit Judge Hud- ^ son, then acting associate justice, in . a disbarment proceeding against this same respondent, wherein he was barely exonerated from a charge of lKM malpractice as an attorney, with some an( condemnation and kindly admonition. ^10 The opinion of this court in that matter commenced by animadverting ^ upon the unique feature of it, in that it was instituted at the instance of js. j, a single member of the bar only. I11 j])(1 this similar proceeding here against ami the same respondent, within 1'i years (ip , only of Iris said admission to the bar j and notwithstanding said kindly ndmonition and the ordeal of if. we j)V find again a fact unique?that, the -p proceeding herein instituted by Ihe (.vo highest court of the State of its own ]K,a motion, and without a single member jaAV of the bar at which he has eontinu- j,, ously practiced, nor any other lawyer . or citizer from anywhere, coming UjK) forward to say a word in support of (]er his character, or in rebuttal of the ^n, mass of testimony by which that opj, character has been so completely de- j()j, molisbed. e(j Among his brethren of the bar and among all of his fellowmen, therefore respondent stands now alone at the bar of this court impaled upon \ the testimony which has been brought cue forward directly upon the charges on urged on behalf of the State by her Pin attorney general and that in his be-1 half by the able attorney oT another J I iity who has so generously and *j linchingly represented him at (his J 'in}; with no prop of good repute C 11 which to lean in this hour of ? t, or those who minister in our tem- h of justice in the light of the de- tl lions which,.have been hereinbe- f' i made and the conclusions which a itably therefrom hereinafter folthis court can not but call to ? r attention the obvious value of 1 repute. "While custom and excnce have placed values upon most ? he .treasures of mankind, no efof the. human mind has ever '' i able, to determine and estimate 8 value of a good character," but 'in no one can fail to realize that f{ in a pinch like this (hat characsaves a man or the demonstrated 6 of it overwhelms him. n avitig now readied the conclusion respondent has been proved 1 t.v of the charge of knowingly ? enting false and fictitious aflidav- S 0 this court we do not hesitate to v l< and elaboration of reasoning' is ecessar.v to .justify the decision, ? for this act, coupled with the that his reputation as an honcr1 lawyer is completely broken j, n and that he has had fair warn.- c hut has not heeded it. he should t forever disbarred and stricken f n the roll of attornev? of this t; and no lesser punis uuent c ild be commensurate wit is the n luct proved. _ y much fine language has been I ten, and so thoroughly has been ansted tlie 'theory of the law4' duty t-o society and to the court j j so exalted lias been the standwinch lias been fixed and adlicrto in this State, and to which ( court will forever insist upon erence, that we decline to enter , n any reiteration thereof herein. lice it to say that when one <?f our vers so far forget the .high ideals his profession as to stoop to the ^ ptice herein proved against rcspon- j t, and so to have forfeited his d name amongst It is associates; ever harsh it may seem and soever much it may bend in pity r tlie ruined career of a. fellow \ and of all those affected by its nment, this court can never liesi', either upon its own motion as L'in, or upon a proceeding properly ling before it otherwise, to mete J the extreme penalty. j roceeding now to a consideration j the charge of contempt of this ( rt as against Mfr. Duncan, ad- j red by the attorney general in ^ i-tion to the offensive language i tained in the affidavit of .June 2: ile we feel that it has been clear- ' established that t.he charges eonicd in said affidavits, as before ed, are wholly unfounded, and language wholly unfounded, and i ertinent and such as would be | led with proper and appro]>riatc 1 lishment, as being in contempt of I proprieties to be observed in <inr : rts. yet here the proceedings for I iplete disbarment having prevailed ( punishment, no matter how so- j p, incident to and at all common- I ntc with such contempt is so w-hol- j swallowed up in that following | 1 disbarment charge that any of- < al fixing an enforcement of : ; ild be futile, and serve hut to bole the terrible penalty which t'ol- ' ihe finding's herein, k' 'In conclusion of the hearing aitorney general moved that I lie rt also consider the <|ticsiions as .vhether or not it would order said davit of June 2 and asked that it "Xpungod from its record. Vo are inn lling to grant this mo- 1 i. Having considered the atlidavit 1 found that the charges therein ' unsubstantiated, we-prefer that < whole record should remain aR d herein, including said affidavit, he order of the court tihorefore is t said John T. Duncan be, and he 1 leroby ordered to lie stricken from ' roll of attorneys of this State, I that ho appear before the clerk 1 this court and render ii|> unto him certificate of admission to praclaw in this State for cancelation said clerk: and that the said Jno. Duncan from henceforth and for rmoro he disbarred and not ho ' rd as an attorney or counselor at , nor otherwise act. as a lawyer the State of South Carolina, nor iiny other State, basing his claim I n the same certificate hereby or- I ed to be canceled and forfeited. I 3 let the decretal portion of this 1 tiion be forthwith served on said ^ f* Duncan. And it is so order- i < BARBECUE. . Fo will give a first-class barbeat Bothoi Academy at I'oiiiaria Saturday, Soptcmbor 10. 1008. lH'r Ki a nd ! *> cent <, II. M. Wicker. ' Jno. A, Graham.. rhe Standard Warehouse iompany Beet to Announae: 1st. The rates of storuge cover all costs o the farmer, including protection for is cotton from fire and the weather, and lie rate is as low or lower than the nrtner can insure his cotton when housed t home 2. Its warehouse receipts are regarded s the highest class of bankable collateral. 3. f moucj can be borrowed on anyliing it can be borrowed on the receipts f The Standard Warehouse Company. 4. The identical cotton that you place 11 the warehouse is returned upon the urrender of receipts. 5 In case of fire your cotton is paid or at market value, and you have no ifliculty as to Insurance, the full inurance being maintained by The Standrd Warehouse Company. 6. The Standard Warehouse Company s absolutely independent of any other rgani/.ation and conducts its affairs upon trict business methods. 7. The paid up capital stock of The standard Warehouse Company is $350,00.00 and the company is absolutely afe, and its warehouse receipts conic head of the stockholders. 8. The Standard Warehouse Company s anxious to have cotton of farmers and tliers stored, and offers the most compete protection and encouragement for armers desiring to hold their cotton. 9. Rates will be furnished upon appli" ation to Mr. J. D. Wheeler, I<ocal Manger Standard Warehouse Newberry, S. C. r. B. STACKHOUSE, President, Columbia, S. C. DEWBERRY SCHOOLS TO OPEN. The next session of the Newberry traded Schools will begin 011 M011lay, September 21, 1908. The schools vill open promptly at nine o'clock. The pupils who wore not present 011 icconnt of sickness last June and also lew pupils will report for exatniuaion and classification at the office of he superintendent on Thursday, Erilav, and Saturday, September 17, 18, md 19, for tlie purpose of regrading. W. A. Stuckey, Superintendent. Best the World Affords. "It gives me unbounded pleasure 0 recommend Bueklen's Arnica salve," says J. W. Jenkins, of Chapel Till, N. C. "I am convinced it'" Hie >est salve the world affords. Tt curid a felon 011 my thumb, and it never ?ails to lieal every sore, burn or vonnd to which it is applied. 25 . at CV. E. Polliam and Son's dnrg st.no. The Remedy That Does. "Dr. King's New Discovery is the remedy that does the healing, others riromise but fail to perform," says \frs. E. Ii. Pierson, of Auburn Centre, Pa. "Tt is curing 1110 of throat md lung trouble of long standing, that other treatments relieved only leniporarily. New Discovery is doing me so much good (lint I feel confident its continued use for a reasonable length of time will restore me to perfect health." This renowned cough and cold remedy and throat and lung healer is sold at W. E. Pelliam & Son's drug store. 50c. and $1. Trial bottle free. iwiiiniMMBim inn ii ????Ti-ng?Mm BARBECUE AT JOLLY STREET. We. flie undersigned, will furnish fl lirst class barbecue at Jolly Street on Saturday, September 12, 1008. The Rev. J. A. Sligh and Prof. E. 0. Counts will be present and speak to tlie farmers 011 the cotton union. These men have had great experience in farming as well as in educational work. Everybody is most heartily invited to come and enjoy 1 lie day. A good dinner and good speeches and a pleasant day promised to all who attend this barbecue. Admission to the table will be 40 fonts for ladies and '15 for gentlemen. T. D. Richardson. J. Walter Richardson. VERY LOW RATES. To Denver, Colorado and Return via Southern Railway. On account of the Annual Convention, American Bankers Association, the Southern Railway announces attractive low round trip rates to Denver, Col. Tickets to be sold daily until September 30th, 1908, good to return leaving Denver not later than October 31st, 1008. For rates, details, schedules, etc., ipply to Southern railway ticket 1 gents or, J. C. Lusk, Division Pas-anger A;:cnt. Charleston, S. C. r. L. Meek, Asst. (ion. ! Agt., Atlanta, Ga. r JONES' GROCERY, S, B. Jones. Proprietor. DEALER IN STAPLE ?S FANCY GROCERIES, PRODUCE, Confectioneries, Fruit, Cigars and Tobaccos. Phone 2i2. Newberry, 5. C., Jan, 17, I9O8. Dear Madam Housekeeper: We wish to call your attention to our stock of Fancy and Staple groceries and solicit at least a portion of your potronage during this year. We feel safe in saying that our stock is the most complete that is offered here and that we can serve you in a satisfactory manner, We will ever keep in mind three very important points: quality of goods prompi service modorate prices. If you are not already a customer of ours we would be pleased to add you to our long list of satisfied customers. We wish 1908 to be our banner year. Will you join us in making it so? Yours for business, Jones' Grocery. j The First Cough of the Seasoo, ; @ Kven not Bevere, lias a tendency to irritate the sensi- ^ ^ tlve membranes of the throat and delicate bronchial tubes. ^ Coughs then come easy all winter, every time you take the ? lightest cold. Cure the first cough before it lias a chance to 4^ ^ ?et up an inflamation in the delicate capillary air tubes of the @ lungs. The best remedy is QUICK RKLIKF COUGH T ^ SYRUP. It at once gets right at the seat of trouble and re- ^ moves the cause. It in free from Morphine and is as safe for ? W a child as for An ad tilt. 25 cents at J MAYES' DRUG STORE. ? WANTED To call your attention to our line of Box Paper, Tablets, Note Books, Ledgers, Gash Books. Also Extracts, Talcum Powder, Toilet Wa ter and Tooth Powder. We will make the prices right. Come and see us before making your purchase. Broaddus & Ruff | HERALD & NEWS BUILDING.