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JOHN T. DUNCAN Makes Reply to Rule of Supreme Court in Contempt Proceed ings. Columbia, S. C., April 29, 1909. Editor The Herald and News: Dear Sir: I write to ask of you that you publish in your next issue my return in the recent case brougn.t against me by the attorney general. The 'papers here have never published the facts nor allowed the truth to reach the public in all the many at tacks on me, and they would not for the world have it known what is back of it all. Truth is stranger than fiction, and I pursued the even tenor of my way, deeming it imprudent and worse than useless to seek the public ear, for men would be incredulous of the facts; but an awakening may follow the Seminole and Carolina agency revelations, and the public may yet give an attentive ear. I have never gone ofit of my way looking for bad men, but have never esitated to give battle when one ran unter to -the rights of my clients. Lave been loyal to the rights of my ients, be they whtie of black, rich poor, and this I know the people o my home county, Newberry, are ready to believe from their knowledge of me. I can but express my apprecia tion tf .hcu when I am told of an oc currence related thus to me, "At once I was told by a score of men tliat they would believe John Duncan before they would -the whole crowd against him." While I render unto Caesar that which is Caesar's, I have not yet learned 'to bend' the pregnant hinges of the knee that thrift might follow fawning. There may be worse things in store, for me than ceasing to practice law. If not permitted to lead a quiet life with my wife and children, to which my every inclination turns, I may find the lecture platform attractive. "Alibaba and the Forty Thieves'" aid "I Need -the Money"' are sub jects which might prove attractive if properly handled. I learned early in life that if a. man could not stand a lot of punish ment he could not be a good fighter. Respectfully, John T. Duncan. SOUTH CAROLINA, SUPREME COURT. Original Jurisdiction. In re k John T. Duncan. Your re.spon'dent, John T. Duncan, respectfully shows that he has been Iserved with a certified .copy 'of an order of 'the supreme court, of date April 29th, 1909, along with the in formation and two affidavits offered Sby J. Fraser Lyon, attorney general, \that this respondent is charged with ~acting as attorney and counsellor at, ~law, in violation of a previous order ~of d'ate September 1lth, 1908, where ~in it was decreed that he be disbar red 'and not to be heard as an at:torrey or counselor at law, nor otherwise: act as lawyer, that in obedience to Syour order 'that "John T. Duncaq be and appear in his own person before this court on 'the 26th day of April, at ten o'clock in -the forenoon, and show cause, if any he can, why 'he, should not be attached for contempt'' your respondent now appears and makes this as his return: 1. That .he has not since his dis \barmen't 'acted for any one as attor ney except himself 'and then only when he was unable to pay an abtor-' ney to represent him. 2. That in the case charged, where the negro 'had been heard, 'tried, con victed, senteneed, ireleased to procure -and pa,y his fine and, failing to get the money, 'he was sent 'to the chain Sgang, his wife did not, nor did any one else, ask me to act as his attor *nev, nor 'did I know what was his of fense or the justice of his sentence or make any strictures upon any one concerning same, but I was 'only asked to pIty his fine and let him work for: me and repay me for my money and trouble. 3. That respondent was wvanting some ditching done on his farm eig'ht miles out, but his experience has al ways -been that a debt is hard 'to work. out and *usua'ly costs all it iswot to collect it of :a convict. 4. That respondent refused to put up the ten dollars fine and refused; Jesse Montgomery's offer to give a mortease en Nita Saunders' person 'ality. respondentt telling the negro' that hie could not make.such a mort gage. while the negro. insisted that Nita Saunders. his niece, 'had told lum 'to do so. 5. That respondent was overtaken the :next day, while attending m' his~ own affairs, and beset by the two ne grces to pay the fine and have the wo nan's husband released. 6. Respondent protested that be could not afford to spa're the mney~w. and while I was in need of the la bor te did n$t know if the man would do the work, but. after much impor tut, respondent finally consented ,to put up the balance of the money necessary, along wit.h the five dollars whicli she said she had, -to pay the fine, and respondent thereupon took a mortgage of her personality to se cure the repayment of his money and trouble, said mortgage being offered and freely given, this being the second day of its offer. 7. Respondent anticipated no trou ble in reaching ithe magistrate and in having him issue a discharge on the payment of the fine, and accordingly agreed that the woman might look for her husband by night. 8. Respondent inquired promptly of the trial magistrate, a resident of Waverly, Mr. Buesehel, and was again informed that tbe was no longer mag istraite, his successor, Mr. Roberts, having that day taken charge. 9. Respondent tried, but failed to locate Magistrate Roberts during business hours, and respondent was called early the next morning, while at his home, two and -three quarters miles from this point, and in answer to the phone, found that Nita Saun ders was the party calling over -the phone, -and on her inquiry respondent informed her that he had not beren able to see Magistrate Roberts, but would see him on his way from home to the city. Respondent further stat ed to the woman that he had forgot ten her husband's name and asked her and ascertained the same. 10. Respon;dent went -to see the magistrate early, and told him that ;he (your respondent) wished to pay Jim Saunder's fine and have -him re leased; to which the magistrate re plied that he was not familiar with or informed as to the case, and 'that he would go to see Mr. Bueschel, his predecessor in office, the magistrate who tried him, -and on getting the in formation needed he would come to respondent's office and attend to it there. 11. Later in ithe morning respon dent met Mr. Roberts on the streets -Main street-about half a block away from respondent's office and asked if Mr. Roberts, the magistrate, was on his way or going to deponent's office, and -said magistrate said -he would be there later. 0 12. After respondent had attend ed to some business of his own, he returned to his office, and a short while later 'Mr. W. L. Bennett came hurriedly in 'and asked why Jim Saun ders .w.as n'ot tu-rned loose. Not un derstan'ding him at first, Bennett ex plained that Nita Saunders was his cook .and that she expected her hus band to g'et 'home last night, and that he did not like the delay; at which respondent 'told Bennett t'hat if~ he could release the negro quaker to take 'the five dolla.rs and go ar i pay *the rest of the fine for the negro, and that respondent would e.itroy t.he mortgage. 12. Mr. Bennet-t said Nita told him that she had not made .a mortgage, but that .Tesse Montgomery had made a mortgage of her things without 'her authority, at which respondent step ped to 'his table and picked up the mortgage, which Bennetet asked to see. 'and respondent handed it to him and he looked long~ and closely at some, 'and handing it back to respon dent, 'who 'then and there, in the pres ene of Bennett, tore the same to piees and ethrew it 'in the fire place. 13. Bennett remained but a short while longer, saying that the five dollars I g'ave him was 'his;- that Nita had gotten of him a dollar and a half besides and said she chad ten dollars and he :didn'"t see why she did nt pay the fine herself; and Ben nett asked respondent if 'he was prac tiing law, to which respondent re plied that he had only underta.ken 'to pay part of a fine and that he was not practicinig law, and Bennett de parted. 14. This was the morning after re spondent consented to pay a part of 'this fi-ne and let the negro work for him, and inside of twenty-four hours after the mortgage' was drawn that the mortgage was destroyed and the mnoney returned. 15. Respondent, 'at a later date, seing Mr. W. L. Bennett, asked him if he igot his negro off the chain gang, and was told by Mr. Bennett that Mr Anre Pa.tterson had paid the fine and had :the negro working on his farm. Respondent remarked that Bennett had seemed -to think that hre wa~ practicing law, when respondent had farmed before prat4icing law, and had often paid fine.3 and released men to wor for him, 'at which Ben ett saidl that was all right and of no oncern to him. 16. Respondent was much surpris ed at some information wvhich was miven to him the day following the last conversation referred to, as be in held .with Mr. W. L Bennett, but being doubtful of his right to develop s~ me here he avoids the mat-ter for the priesenit. 17. Respondent was (loing onily 'x'at Mr. P'attersim has done, and he lams the right of a pr1ivate citizen, UIl holds the jimrt'ant office of a notary public, a responsibility eon ferred on him by a former governor, a im clis th rio-ht to life, lib erty and t li pursuit of happlines till proven guilty of crime by due pro eSS of law, and he now claims the right to confront his accusers aid to be duly tried by jury, if he has vio la.ted the law in such case provided as to the practice of law, unless ad mitted and sworn, the same being set out in chapter XCI, Section 2811, Civil Code: "No person whatsoever shall practice or solicit the cause of any other person in any court of this State unless he has been admitted and sworn as an attorney, under a penalty of five hundred dollars fo-r each eause -he shall so solicit, one half to the State and .the other half to him or them that will sue for the same.'" 18. Respondent now ealls the at tention of the court as to the nature and contents of the two affidavits of <the two negroes, offered and submit ted by the attorney general, charging respondent as acting as an attorney and counselor at law. 19. You see the woman saying at the outstart: "When I heard from my husband he was under arrest and I desired to get up ten dollars and pay his fine. I went to my employer, W. L. Bennett, and asked him to ad vance me $1.50 on my wages and to lend me $5.00 more; that I had $3.50 in' cash." When her uncle tells you she told him she had $5.00. and .also he says later: "She replied (to Dan can) she had five dollars." Did she have $10.00 or $5.00'? Did Jesse Montgomery tell .4,he truth on hec? Then she tell a falsehood to her em ployer; tells another to her uncl-, and repeaz rt to 11i-an, ...d sets ip falseh " I t:. ,e:- . -. 'avit. She also sets out that on going to the county jail she was informed "that her husband was out at work and would niot be back until night," when all our citizens know that the county keeps its laborers out in camps and they do not return to the county jail .at night. She tells you, "On our way up street we saw Duncan.'' Who was doing the seeking?- Yet she says she "was persuaded" to sign the paper, and on the instant she boasts of her cunning in refus ing to wriC ::.r aine on the :nary gage, yet boasts, "I can write my name,'' a boast which must be fa miliar to this court and suggestive of a notorious case of the past; and yet I beg of the court to observe for it self whether it is a signature of whiehb she may justly be proud. As to the further remarkable state ments contained in Nita Sa.undens' affidavit, it would appear to an ordi nary person that she was dil:ating on Dunan as a subject for the entertain ment of some one, for her flights of imagination as to strictures as to a. former magistrate trying to pocket the ten diollars (when being out of of fice he could not even colleet the money) certainly could not be consid ered by this court ito even remotely apply to the charge now preferred against respondent as practicing law without a license. Respondent now calls t'he attention of the court that the affidavit of Nita Saunders is not corroborated in even one particular by that of Jesse Mont aomerv, and still we find enough to show, in the two, that respondent was sought first by one and the next day by both of these witnesses used be the attorre" zner'al to hceln pay the fine to release a negro -serving a sentence on rt'he cbain gang ( and be yond the reaeh of legal services), and that a mortgage was given to secure to Dunean his money advanced and 'to pay him something for his trou ble,' and ''when Jim got out he would~ work to make the money and pay Mr. Duncan." 20. Respondent protests that he fails to see in the two affidavits sub mitted any matters or statements to support Seetions III 'and IV of the allegations or e:ha.rges made by the attorney general, and respondent de nis the same. 21. As to Sections I and II, respon dents admits .same, that he was duly and legally serv.ed with the order of this court, of date Septembear 11th, 1908, disbarring;him from the practice of law .and requiring him to surren der his eertificate for cancellation, and your respondent h6:'3 done is uit m"st to oibey both the lauter and tile spirit of said order. ever weigLing -the diffrenc ofhis ighs .. a rivaite ctize:1, as dilstingui.-:ieJ fro:n his for me.c right ::s an I)norne.y. and serup elu avoiding to do tat which the court has forbidden. for respondent believes and maintiai.ns that it is bet r th.:: any\ good citizen should suf fr wimt he (deems a wrong than to disre.:a t?A? authotrity of our courts, and that it is a wro:ig which.mnay be endured by a com:nityU that even innoes men maiy be hanged for a crime, late:' confle'sed by a mani on his death-hed as w:.s recently tile case i Laurens county that such a calam itv e be'tter be e ndlure: than that the :najsty 2 the l;:: .:e defied, for one hurts the individual, while tile other hurt s mankind; the one destroys the citizen, while thle other destroys the State. tific-ate. that the proceedings as to same are matters of .record here; that res)onrent is mindful of his promise to surrender same. if ever found, but' all my wife's searchings and prepar ations for removal have not revealed said certificate, and respondent is led to doubt if ever he had more than his South Carolina law diploma, which was signed by the factlty and mem hers of the supreme court also, and was awarded a)t the time the class was admitted, respondent being absent. 23. Respondent recalls that in spite. of the fact that he reported, both to the clerk of .this court and to the chief justice, his inability to find and deliver the certificate, he was notified and humiliated by being here required, on motion of the attorney general, 'to purge himself of contempt .as to same: that respondent also re calls that on the satne occasion, af ter respondent had made his return to your order, the attorney general, in consultation with Mr. Christie Benet, asked some questions as to my conti-nued practice and asked for an order to be served on every eircuit judge in the Stat-e. notifying him of my disbarment, at a previous date, -to which the court made no reply, but of which :respondent itook heed; and, while suffering the injustice of the intimation, respondent took same as indicating a purpose to make trouble for this respondent whenever occa sion seemed to offer; and with the honest purpose ito obey the court, there was the added oaution not to even seem to disobey in the slightest respect. 24. Respondent's office is referred to and mentioned in said affidavits, and it may be proper to explain to the court that my offices were Nos. 6 and 7 Hook Building; that .respon dent has found it impossible to straighten out and wind up and turn over to others, or to his former clients all the matters in hand at the time of his disbarment, on September 11th, 1908, in iany shorter time than that taken, and 'respondent has long since released his stenograpiher, has rented one of his rooms to Mr. J. A. Pruden, of the Columbia National Life In suranee company, and has his law books and office furniture stored in the other, and uses same, when not on his farm or out on other business, as a. place of attending to business of his own. 23. Respondent is mueh busied with collectiton of some small rents, attending to 'his various small proper ties and those of his wife, collecting or securing the various fees and oth er .debts due him, and enforcing his own legal rights or warding off the various hbrassing motions and suits directed at him, and in the prevention of the exeention of designs against his rights. 26. Respondent has also represent ed, in court, his own interests in some matters where he could not pay an atitorney to represent him, but al ways within my rights and with per mission of -the judge presiding. 27. Respondent has himself em ployed an attorney sto represent him in a suit, and when-ever consulted by a friend or former client as to any business matter, on finding that he was -in need of an attorney, respon dent has invariably directed such per son to employ an attorney to do his work. 28. Respondent says that if his office is all that preevnts him from be ing accorded 'the rights of a private citizen he will -readily close up .and surrender same, seeking storage else where for his effects therein stored. 29. Respondent has not intended to practice ia.w, as he understood the meaning of said order, and feels as sured that if, by mastake, he should be abou!t 'to do such forbidden prac tie he would at once be warned by the judge, or prosecuted for same. 30. Respondent has been so often 'haled before this Honorable court that he fears the patience of the court may yet be exhausted and re sponden't be made 'to pay the penalty for the acts and groundless charges of others; -but respondent would hum bly beg the eourt to let censure lie where censure is due, and .respondent has an abiding faith that the whole trth may vet be known. John T. Duncan. Sworn to and subscribed before me 26th April, 1909. James H. Fowles, Jr., Magistrate. 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