The herald and news. (Newberry S.C.) 1903-1937, May 04, 1909, Page THREE, Image 3
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.
HOLLAND CELEBRATING
ARRIVAL OF PRINCESS
Birth of Heir May Insure Indepen
dence of Country.
The Hague, April 30.-Wilelmina,
Que;n of the Netherlands. gave birth
t a daughter this morning. The eon
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the infant princess is doing well, and
Holland is celebrating.
The political significance of the oc
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is now :in heir to the throne of the
Netherlandis. a circumstalnce that very
e tly enhances the eihances of the
,,,ntry fro nnuned independence.
SOME OF OU
To be conservative.
To pay four per cent.
To calculate interest semi
To bond every employee.
To be progressive and ac<
To lend our money to ou
To treat our patrons coi
To be liberal and prompt
To secure business from :
TO BE THE VERY BE
TO DO BUSINESS
Our institution is under the
examined by the State Bank Ei
The Bank of
Prosperi
DR. GEO. Y. HUNTER,
President.
J. F. BROWNE,
Cashier.
STARI
Of the Condition of T
Newberry, S. C., as per
aminer, April 28th, 190
RESOURCES:
Loans and discounts.. $221,365.91
Over drafts.......... 834.83
Furniture & Fixtures- 3,786.17
Cash on hand and in
Banks............ 27,895-II
$253,882.02
We Pay 4O 01 i Our
Open an acc
J. D. DAVENPORT,
President.
M. L. SPEARMAN,
Cashier.
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19.
LIABILITIES:
Capital stock.......$ 50,oooo.00
Profits less expenses and
Tax paid........... 11,285-35
Cashier Checks....... 138-25
Notes and bills re-dis
counts ............. 19,ooo.oo
Bills payable ......... 55,000.00
Individual deposits.... 116,419.83
Banks, deposits....... 2,938-59
$253,882.0z
Savings Department.
:>unt with us.
EDW. R. H IPP,
V. President.
GEO. B. CROMER,
Attorney.
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