The herald and news. (Newberry S.C.) 1903-1937, July 20, 1909, Page SEVEN, Image 7
DUNCAN IN CONTEMPT.
rmer Columbia Attorney Will Have
to Pay a $50 Fine or Go to Jail
For Ten Days.
Colaumbia, July 1.Jh .Im
. ormuerly an attoriev of iVs cty.
ose right to practice wa reulIQed
the Suprenie Court in September.
S. has been adjudged in contimpt
the same tribunal. The Court or
s that. Duncan pay a fine of $50
hin ten days from the filing of
decree or be imprisoned in t.
Ity jail for ten days.
e contempt proceedings grew out
charge that Duncan praet-iced
since -he was disbarred by the
reme Court, the case being
ght by Attorney General Lyon.
opinion in the contempt case is
C. A. Woods, Associate Justice,
goes fully into the law bearing
proceedings.
John T. Duncan was disbarred
eptember 11. 1908, after a very
nsational hearing before the Su
eme Court, the ease exciting inter
t throughout the State. The charge
inst Duncan was that he had pro
ced a false witness to an affidavit
the Hunter ease. It was alleged
he had used one witness to make
an affidavit in the name of an
r person. Upon the showing I
de .he was disbarred "from hence
rth and forever more, and not to
heard as an attorney or counsellor
law, nor otherwise act as a lawyer
the State of South Carolina nor in
any other State."
Attorney General Lyon, on April 20,
909, filed an information in the Su
preme Court that about the middle
of February, "John T. Duncan' did
ounsel and act as an attorney for
rita Sanders; that he advised her as
to the legal rights of her husband, Jim
anders: who was at that time serv
g a sentence on the county chain
ng; that he contracted with Nita
nders to give her his professional
rvices as an attorney to obtain the
lease of her husband from the chain
afg.'' It was also set out that the
um to be paid Duncan was $15. five
ollars of which was to be paid down,
2d the balance secared by mortgage.
uncan made a lengthy return to the
urt denying that he had violated
e order of the Court.
PARTANBURG BOY DROWNED.
gilvie Frierson Perishes in the Mi
ami River, in Ohio, Trying to
Rescue a Woman.
ICincinnati, Ohio, July 16.-Ogilvie
rierson, aged 15. whose home is in
partanburg, S. C., was drowned in
he Little Miamni River, at Towerhill,
ear .Cincinnati, early this afternoon.
With- him there was drowned Miss
ary Freeland, of 228 East Pearl
eet, a well konwn charity worker,
d for several yeaas one of the lead
in the Associated Charities of
A party of young people had gone
t-he .river boating and in this boqt
ere were four, the -others being
iehard Haddox, 14, and Ruia Peale,
,both of Wyoming, Ohio. The Had
ox and Frierson boys were rowing.
iss Freeland wanted to row and
k the place of one of the boys.
Slowly the boat drifted into a swift
art of the river, which ran over a
am. The boys grabbed hold of the
rs in an attempt to save the party,
t this was impossible, and it went
er the dam. As the boat shot out
ver the dam the gi*rls shrieked and
cried for help. After it fell into the
wful pool. Ruth Peale and the Had
ox boy swam sturdi-ly for the shore.
iss Freeland could not 'swim, and
the Frierson boy, who swam to aid
her, was caught in a sort of whirlpool
with her and both went down, never
o rise. The Frierson. boy was visiting
his aunt, Mrs. Mary Peale, of Wy
O BE DRY FOR FOUR WEEKS.!
quorless Period to be Longer Than
Supposed.-Prohibition from First
Tuesday in August Until Elec
tion Is Declared.
Ch.nbia. .Tuly 18.-TJ'>re will be
:least four weeks of -prohibition''
from the first Tuesday in August un
the result of the election is de
clared. It has been gene.rally accept
i that there would be only two weeks
f closed-down county dispensarivs,
ut the period will be about doubled
eause the approaching election is to
e bonducted as other general ele
ions in this State. An opinion on
his matter will be .rendered by tihe
ttorney General very probably to
orrow.14dseay
Sction 14of' the dipnayAet
f 1909 provides that "'such election
all he conducted by the same offi
ra aw under the rule- and reenla
.ns pidiie'd by law for gen,
re~id to ena elections that t.he
m- cm: e~nvement place at the coun
tV :az o:: .e Tuesday next following
the elecvi ]n, before 1 0'clock in the
afternoon of that day, and shall
LIbereafter proceed to organiz as,
m.'l 1alb ,1,he cmunt%7 boord (if' v'In
va.sers. The bo ard of c:mivasser5
m ::~ hen ca':a tlie voites (if the
(oity. After the board has hlished
its work. the results are to be trans
mitted to the State board of canvass
er. The State board then declares
the- 'ele-etion. If this were a special
ele-tion,. the result would be declared
imniediatelY after tAhe votes had been
couNted in the eounties. but inasmuch
as this election is to be conducted
after the manner of general elections,
the result will not be officially de
elared until after the State board of
canvassers has met. This whole mat
ter will be further set out in the
opinion which is expected from the
office of the Attorney General.
COMPULSORY EDUCATION.
Judge Prince Thinks it the Only Rem
edy for Present Illiteracy Among
White Children of tFhe State.
The State.
Asheville. N. C., July 18.-Judge
George E. Prince, who has been un
dergoing treatment here for the past
three months, following a stroke of
pa,alysis. is rapidly improving a:nd
yesterday said he hoped to be able
to preside over the next term of court
in -the Sixth circuit, which will begin
during the first week of September.
He has engaged apartments. and will
be here with his family through the
summer.
Judge Prince spoke with regret of
his illness preventing his taking the
stump in the educational campaign
now on in South Carolina as he -had
planned to do. He believes this
move foar more universal education
the greatest in this direction the
State has ever known and thinks it
will result in great good. He has re
eently been converted to compulsory
e(ucation. he said. though he was op
posed to it until only a short while
ago, and believes it must be resorted
to if the negro is not to surpass the
poor whi-te child in education. He
expressed himself as being unquali
iedly opposed to State aid for schools
and b believing that every coity
should take eare of its own education
al system. though he admit ted this
to be an unpopular view of the situa
tion in South Carolina now. He gave
as his reasons the fact that some
counties, especially those in the lower
part of the State, have an over
whelming majority of negro children
and in dividing out the State appro
p.riation these would .all have to be
given a pro rata amount, though it
might, if t.he officials saw fit, be used
for the education of the few white
ehildren.
Judge Prince said he is tired of
"loafing'' and is anxious to get hack
to the bench and wi.li go in September
if his physicians will lest ibim. He is
under the care of Dr. Robert S. Car
roll, one of The leading nerve special
ists in the South, who says that when
he goes back he will be i-n as good
shape as ever. He is now able to be
about and feels almost as vaorgous as
before his illness
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