The herald and news. (Newberry S.C.) 1903-1937, September 15, 1908, Page THREE, Image 3
witnesses who were at the place, anu
swear that there was enough light
for them to see and identify Hunter.
So we search the record in vain for
a reasonable doubt as to the guilt ofJ
Hunter. We find as a fact therefore
that Hunter and not Taylor did the,
shooting, and was properly convicted i
therefor on the testimony adduced at i
the t-ial in the circuit court, strength
ened by the developments at the
hearing here.
As Hunter did the shooting and
Taylor was not even present it fol
lows .that it is highly improbable that
he, Taylor, would have made the af
fidavit which Dunoan claims he made.
In the light of this doubly demon
strated improbability we come 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 Ricbland bar, in his (Dun
ean's office) in the presence of Mrs.
Stewart, hisstenographer. 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 tall 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 im
personate Taylor before Clark.
Then we have the testimony of
Mrs. Stewart, Mr. Duncan's former
stenographer. We find this testimony
to elearly establish the fact that, in
making her affidavit of May 29, 1908,
presented by Mr. Duncan as corro
borative of the authenticity of his
Taylor affidavit, hereinbefore refer
red to, wherein she appears to sub
stantiate the authenticity of the Tay
lor affidavit, as against the want of
distioet recollection of Mr. Clark,
she appears to have been entirely
trisled as to the contents of the affi-'
davit, and did not intend and did
not 2 ealize that she had given any
such positive, detailed statement of
distinct rctollection on the subje"t.
She now states that that affidavit was
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 substan
tiate Mr. Duncan's claim that .Tay
lor appeared in his offie and made
the afdavit in question.
Other circumstances going to throw
the weigh't of the testimony against
the authenticity of the Taylor affi-'
davit are that Taylor can write hisI
name and does sign his name when
ever called upon to do so, whereas
the disputed affdavit ihere only pur
ports to be .signed by 'him by his
mark; and then the circumstance of
the non-exhibition of the original of
th6 alleged affdavit in this court, or,
if ever produced, its myterious disap
pearance.
As Mr. Duncan accounts for the
nonproduction or disappearance of
the original of the affidavit by a di
reet charge of theft of same by Mr.
Solicitor Timmnerman, 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 and un
sustained by the testimony.
The only fact upon which it ap
pears'that the charge could ha.ve had
an origin was that some of the pa-I
pers in the appeal in the Hunter case
were not to be found in the office of
the clerk of this court when called
for; but this was entirely and satis
factorily explained by Mr. Solicitor
Benet showing that they had been
in the official possession of Mr. So
licitor 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. Solic
itor Benet, who brought them into
this court and had then duly lodged
and exhibited. Mr. Duncan himself,
as a witness herein, confesses to the
suffl.eiency of this explanation. So~
far as the original of the alleged1
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 Timmner
man or Benet. A marginal note made
by Solicitor Timmerman on a eogy
of the Taylor affidavit used at the
hearing in thiscourt, towit: "This
is not. en original,'' being opposite
somenimmterial interlineation there
on, is strongly relie dupon by Mr.
Duncan as indicating that Mr. Solic
itor Timmermnan must have bad be
fore him at that timre the original.
and comparig~ ft with the or o-m
there int(Werltin in the cop har
seem to be some phYlsibility in this
.hery but it is entirely explained
"way by Mr. Solicitor Timmerman,
vho swears in his testimony that he
iever had seen the original; that it
was never served upon him at Lex
ngton, as Duncan swears it was, and
;hat his marginal entry was merely
as a memorandum for himself, as
his was a copy being used in court,
:o remember to look up the original
Lnd see if the copy corresponded with
.he original; he having a cause, as
1e says, reasons sufficient unto him
elf, for suspecting the good faith of
;he whole transaction at the hands
)f Mr. Dunean.
All this is against the truth of Mr.
Duncan's grossly expressed charge as
against Solicitors Timmerman and
Benet, and we unhesitatingly and em
ihiatically find it as aforesaid and un
rue, and upon the testimony com
nletely exonorate these genetlemen
:herefrom.
Returning now to the main issue,
is to the truth or falsity of the charge
>f Mr. Duncan having knowingly pre
;ented to this court an affidavit pur
porting to be made by Taylor, but
riot, in fact, made or authorized by
aim, we have found: That it would
be improbable for a man to confess
to a crime from which another had
seen tried and convicted and at whose
trial he had testified he was not at
the place and knew nothing of it;
Ghat the allegations of the disputed
affidavit are not true, which renders
it still more improbable that he would
iake such an affidavit; that he had
no motive for doing the shgoting or
making an affidavit falsely confess
ing it. and that the. circumstances,
beyond Taylor's mere denial of it, go
far toward showing that he did not
in fact make it; while in support of
its genuineness, there is noly the
bald testimony of Mr. Duncan that
he did make it.
While even under this state of
facts we might be unwilling to decide
(ahid the writer of this opinion feels
that he would not concur in so de
ciding, realizing the facility with
which negroes may repudiate their
affidavits, under apparently corrobor
ative circumstances, and the jeopardy
in which every lawyer would stand
were a disbarment to be predicated
upon this alone) that the affidavit
was in fact never made by Taylor,
we can not here hesitate to do so
when against the probable truth of
Mr. Duncan's testimony leans the
heavy weight of his mortally wound
ed reputation for truth and veracity
as . witness.
Mr. Duncan, having become a wt
ness in the mattrer, his reputation for
truth end veracity as such became
assailable, and on behalf of the State
nearly a score of representative mem
bers of the Richland bar, and men
of other callings,' living in Columbia,
were called upon to testify and did
testify that Mr. Duncan 's reputation
for truth and veracity was known to
them, was constantly discussed a.nd
was bad, and that he could not be
believed upon his oath in any matter
affecting his own interest; and the
cross-examination of some of these
witnesses disclosed a completely
shadowed reputation generally at the
bar.
So also it is in the official Teports
of this court we find respondent
herein, Jno. T. Duncan, admit-ted to
the bar during the year 1896, Vol. 48,
S. C. Reports, initial page.
In 64th S. C. page 461, we find
the opinion of the court delivered by
Circuit 'Judge Benet, acting associate
jstice, concurred in by Y. J. Pope,
jstice of the supreme court, now
chief justice, and Circuit Judge Hlud
son, then acting associate justice, in
a disbarment proceeding against this
same respondent, wherein he was
barely exonerated from a chai-ge of
malpractice as an attorney, with some
condemnation and kindly admonition.
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
a single member of the bar only. In
this similar proceeding here against
the same respondent, within 1.3 years
only -f hais said 'admission to the bar
and notwithstanding said kindly ad
monition and the ordeal of it. we
find again a fact unique-that the
proceeding herein instituted by the
highest court of the State of its own
motion, and without a single member
of the bar a.t which he has continu
ously practiced, nor any other lawyer
or citizer from anywhere, coming
forward to say a word in support of
his character, or in rebuttal of the
mass of testimony by which that
character has been so completely de
molihed.
Among his brethren of the bar and
among all of his fellowmen, there
fore respondent stands now alone at
the har of ti court impalh4d open'
eounty who has so. generoausly and
unflinchingly represented him at this
hearing with no prop of good repute
upon which .to lean in this hour of
need.
For those who minister in our tem
ples of justice in the light of the de
ductions which have been hereinbe
fore made' and the conclusions which
inevitably therefrom hereinafter fol
low this court can not but call to
their attention t.he obvious value of
food repute. "While cu=tom and ex
perience have placed values upon most
of the treasures of mankind, no ef
fort of the human mind has ever
been able to determine and estimate
the value of a good character," but
herein no one can fail to realize that
it is in a pinch like this that eharac
ter saves a man or the demonstrated
lack of it overwhelms him.
Having now reached the conclusion
that respondent has been proved
guilty of the charge of knowingly
presenting false and fictitious affidav
its to thi: court we do not hesitate to
hold, and elaboration of reasoning is
unnecessary to justify the deeis:on,
that for this act, coupled with the
feet that his repatation as an honcr
able lawyer is completely broken
down and that he has had fair w.arn
ing but has not heeded it, he should
be forever disbarred and stricken
from the roll of attornev- of this
court; and no lesser punis uncut
would be commensurate with1 the
-onduct proved.
So much fine language has been
written, and so thoroughly has been
exhausted the theory of the law
yers' duty to society and to the court;
and so exalted has been the stand
ard which has been fixed and adher
ed to in this State, and to which
this court will forever insist upon
adherence, that we decline to enter
upon any reiteration thereof herein.
Suffice it to say that when one of our
lawyers so far forget the thigh ideals
of his profession as to stoop to the
practice herein proved against respon
dent, and so to have forfeited his
good name amongst his associates;
however harsh it may seem and
howsoever much it may bend in pity
over the ruined career of a fellow
man and of all those affected by its
judgment, this court can never hesi
tate, eit.her upon its own motion as
herein, or upon a proceeding properly
coming before it otherwise, to mete
out the extreme penalty.
Proceeding now to a consideration
of t.he charge of contempt of this
eoo'irt as against Mir. Dancan, ad
vanced by the as:-nfey general in
relation to the offensive language
contained in the affidavit of June 2:
While we feel that it has been e>ar
l established that the charges con
tained in said affidavits, as before
stated, are wholly unfounded, and
the language wholly unfounded, and
impertinent and such as would be
visited with proper and appropriate
punishment, as being in contempt of
the proprieties to be observed in our
courts, yet here the proceedings for
comnlete disbarment having prevailed
any punishment, no matter how se
vere, incident to and at all commen
surate with such contempt is so~ whol
ly swallowed up in that following
said disbarment charge that any of
fiial foring an enforcement of'
would be futile, and serve but to be
little the terrible penalty which fol
lows The findings herein.
AL thc conclusion of the hearing
the attorney general moved that the
~c,r't also consider t,he qulestions as
to whlethJer or not it would order said
affidavit of June 2 and asked that it
be expunged from its record.
We a.re unwilling to grant this mo
tion. Having considered the affidavit
and found that the charges therein
are unsubstantiated, we- prefer that
the whole record should remain as
filed herein, including said affidavit.
The order of the court therefore is
that said John T. Duncan be, and he
is hereby ordered to be stricken from
the roll of attorneys of this State,
and that he appear before the clerk
if this court and render up unto him
his certificate of admission to prac
tie law in this State for cancelation
by said clerk: and that the said Jno.
T. Duncan from henceforth and for
evermore be disbarred and not be
heard as an attorney or counselor at
law. nor otherwise act as a lawyer
in the State of South Carolina, nor
in any other State, basing his claim
upon the same certificate hereby or
dered to be canceled and forfeited.
And let the decretal portion of this
opinion be forthwith served on said
Jhn T. Duncan. And it is so order
BARBECUE.
We will cive a first-class barbe
ne:IPB?lhel Aeademy a:PM ai
H.\M. WYiikur.
A.rrahm..
The Standard Warehouse I
Company BeEs to Announae:I
ist. The rates of storage cover all costs 1
Lo the farmer, including protection for
his cotton from fire and the weather, and
the rate is as low or lower than the
Farmer can insure his cotton when housed
At home
2. Its warehouse receipts are regarded
as the highest class of bankable collateral.
3. f monecy can be borrowed on any
thing it can be borrowed on the receipts
of The Standard Warehouse Company.
4. The identical cotton that you place
in the warehouse is returned upon the
surrender of receipts.
5 In case of fire your cotton is paid
For at market value, and you have no
difficulty as to Insurance, the full in
surance being maintained by The Stand
ard Warehouse Company.
6. The Standard Warehouse Company
is absolutely independent of any other
organization and conducts its affairs upon
strict business methods.
7. The paid up capital stock of The
Standard Warehouse Company is $350,
ooo.oo and the company is absolutely
safe, and its warehouse receipts come
ahead of the stockholders.
8. The Standard Warehouse Company
is anxious to have cotton of farmers and
others stored, z.nd offers the most com
plete protection and encouragement for
farmers desiring to hold their cotton.
9. Rates will be furnished upon appli
cation to Mr. J. D. Wheeler, Local Man
ager Standard Warehouse Newberry, S. C.
T. B. STACKHOUSE, President,
Columbia, S. C.
NEWBERRY SCHOOLS TO OPEN.
The next session of the Newberry
Graded Schools will begin on Mon
day, September 21, 1908. The schools
will open promptly at nine o'clock.
The pupils who were not present on
account of sickness last June and also
new pupils will report for examina
tion and classification at the office of
the superintendent on Thursday, Fri
day, and Saturday, September 17, 18,
and 19, for the purpose of regrading.
W. A. Stuckey,
Superintendent.
Best the World Affords.
"It gives me unbounded pleasure
to recommend Bucklen 's Arnica
Salve,'' says J. W. Jenkins, of Chapel
Hill, N. C. "I am convinced it's the
best salve the world affords. It ear
ed a felon on my thumb, and it never
fails to .heal every sore, burn or
wound to which it is applied. 25 . at
W. E. Pelham and Son's durg stare.
The Remedy That Does.
"Dr. King's Newv Discovery is the
remedy that does the healing, others
promise but fail to perform.'' says
Mrs. E. R. Pierson, of Auburn Cen
tre, Pa. "It is curing me of throat
and lung trouble of long standing,
that other treatments relieved only
temporarily. New Discovery is do
ing me so much good that I feel con
fident its cdntinued use for a reason
able 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. Pel
ham & Son's drug store. 50e. and $1.
Trial bottle free.
BARBECUE AT JOLLY STREET.
We. ihe undersigned, will furnish S.
first class barbecue at J,olly Street on
Saturday, September 12, 1908.
The Rev. J. A. Sligh and Prof. E.
. Counts will be present and speak
to the farmers on the cotton union.
These men have had great experi
ence in farming a well as in educa
tional work. Everybody is most
heartily invited to come and enjoy
the day. A good dinner and good
speeches and a pleasant day promis
ed to all who attend this barbecue.
Admission to the table will be 40
cents for ladies and 45 for gentlemen.
T. D. Richardson.
J. Walter Richardson.
VERY LOW RATES.
To Denver, Colorado and Return via
Southern Railway.
On account of the Annual Conven
tion, American Bankers Association,
the Southern Railway announces at
tractive low round trip rates to Den
ver, Col. Tickets to be sold daily un
til September 30th, 1906, good to
return leaving Denver not later than
October 31st, 1908.
For rates, details, schedules, etc.,
apply to Southern railway ticket
agents or,
J. C. Lusk,
A tl anta, Ga.
JONES' W
S, B. Jones. Pr
DEALER
STAPLE & FANCY URO4
Confectioneries, Fruit, C
Phone 212.
Newberry
Dear Madam Housekeeper:
We i
Wention to our stock of
groceries and solicit at
;our potronage during th
We feel safe in saying
the most corplete that i
that we can serve you in
ier,
We will ever keep in m:
Dor tant points: qual'ilty
ice modorate prices.
If you are not already
we would be pleased to a
ist of satisfied custom
We wish 1908 to be our
7ou join us in making it
Yours for
:The First Cough
* Rveui though not fevere, has a te:
tive membranes of the throat a
Coughs then c'ome easy all winte
slightest cold. Cure the first cot
set upman Inhmationin the deics
*lungs. The best remiedy, is (
SYRUP. It at once gets right a
'moves the cause. It is free fromx
0a chid as for an aduilt. 25 cents
MAYES' DRLI
WANT]
To call your atte
of Box Paper, Tabli
Ledgers, Cash B(
tracts, Talcum Poi
ter and Tooth Pc
make the prices ri
see us before makin
Broa ddu
HERALD & NEW~
OCERY,
prtetor.
IN
ERIES, PRODUCE,
gars and Tobaccos.
1 S. C., Jan, 17,1908.
Nish to call your at
'ancy and Staple
least a portion of
is year.
that our stock is
s off.erea here and
a satisfactory man
nd three very im
o f goods prompt s er
a customer of ours
dd you to our long
ers.
banner year. Will
so?
business,
ones' Grocery.
f the Season,:
dency to irritate the sensi-'
d delicate bronchial tubes.
r, every time you take the S
igh before it has a chance to *
Lte capillary air tubes of the
UICK RELIEF COUGH
the seat of trouble and re
Morphineand is as safe for O
JG STORE.*
E D
ntion to our line
ts, Note Books,
oks. Also Ex
vder, Toilet Wa
wder. We will
ight, Come and
g your purchase.
s& Ruff