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I I DUNCAN RULED ? * By the Sta^p Supreme Court on a Serious Charge. AFTER HE HAD FILED I. Sensational Charges, la Which He 1 Claimed That There Was a Conspiracy in Columbia to Injury Him rrot'esskmul^, and That Certain Records Have Disappeared. Affidavits containing sensational statements and charges were nresenf ed to the Supreme Court Tuesday in the argument of the case of Jesse Hunter, a negro, represented by Mr. John T. Duncan, of Columbia. After hearing the case the Court dismissed , the motion for a new trial on after discovered evidence. Mr. Duncan, who has put up a hard tight for his clients, Jesse Hunter and his .wife,' Frances Hunter, convicted of assault and battery, presented a lengthy nllldavit from himself in which lie sot forth the progress of the case and charged that certain attorneys of Columbia and others are in conspiracy to injure him professionally, and that certain records in this and other cases in which ho was atorney have been lost or stolen from the office of th$ clerk of the Circuit Court and the clerk of t?v? Supreme Court. One of the principal affidavits in the case was that of a negro, Jeff Taylor, who stated that it was himself and not Jesse Hunter who did the shooting for which Hunter was convicted, and that lie had feared to testify to the truth of this matter on the trial by reason of intimidation. This affidavit was probated by Mr. Washington Clark, an attorney of Columbia. Solicitor Benet presented an affidavit from M. Clark, stating that he | bad, oue day been called into the office of Mr. Duncan and asked to probate a paper signed by a negro, and that the negro who afterwards owned to the name of Jeff Taylor was not the negro he saw in the office of Duneon, but was of entirely different appearance. Solicitor Timmerman also denied that he had received the papers said to have been served on him by Mr. i g Duncan, but on the other hand Mr. V Duncan presented affidavits to show Hint ho hnrl 1?nr?ti !it < ho Tlrnfta Hotel, in Lexington, ;uid seen Mr. Tim merman on a certain date. In his own affidavit Mr. Duncan denounces Mr. Timmerman as a coward as well as a liar, and filed with the Court a note addressed to Mr. Timmerman containing these epithets. Mr. Duncan also charges the new solicitor, Mr. Christie lionet, with being in the conspiracy against him and denounces him. He names Mr. T). W. Robinson, an attorney of this Bar, and Mr. Robertson's father-in law. Mr. W. G. Chllds, president of the Bank of Columbia, as among the chief conspirators, and declares he might name many others to the court. Mr. Duncan made the race for the United States Senate in 1896, and on the stump made grave charges against then Governor Gary Evans, and in his lengthy affidavit he refers to this fact and to Governor Evans. He presents tin affidavit from his former stenographer, now married, which contradicts that of Mr. Clark in regard to the description of the negro who gave the affidavit signed by Jeff TaylML The twj^Begroes whose escapades brought ^P?out this sensational state of affairs, Jesse and Frances Hunter, were convicted of assault and battery with intent to kill in June, 1908, and Jesse was given five years and Frances was given 12 month. The shooting for which they were tried occurred in January, 1906. They lived in lower portion of Richland County and it was asserted that Jesse Hunter had put his aged moth t K ~ Ln/1 or out of the house wnere ?uw ??? lived for years, and which was said to be her own property. Her other children remonstrated and the officers of the law were called in. Magistrate Dykes, with a posse, went to the house and they were fired on by some one. Jesse Hunter and his wife were arrested, indicted, tried and convicted for shooting the officers, and at the trial Jeff Taylor was a witness for the prosecution, but since that time it has been stated that Taylor was the man who fired the shots and it was on this after-discovered evidence that Mr. Duncan asked for n new trial for his clients, which motion was refused. The Supreme Court Tuesday afternoon of its own accord, issued a^C order requiring Mr. John T. Duncj,v<, an attorney of the Columbi.n Bar, to 6how cause before the Court on Mon"k day, June 8, why he should not be lie attache^ for contempt of Court or Jf disbaffed 'as An attorney for submitting what arri declared an oath '" ' SUBSC! " " J ... HELPED MRS GUNNESS AT LKAST THIS W AS THK CONFKSSlOX OF TUX AS JAIL BIRD. But Who* Sheriff Smut/.or Was Ready to Curry lliiu to Indiana, lie Changed Statement. After signing and swearing r?> a confession that, if true, would solve many of the mysteries of the Gunuestt murder farm at La Porte, Ind., and would hang both himself and Ray Lamphere, the suspect now under indictment, Julius G. Truelson, Jr., or Now York city, broke down as Sheriff Smutzer was about to take hie. fioin Vernon, Texas., where ho i.- confined in jail, to Indiana and has retructod all he said. Truelson is ir? prison in Texas on a charge of swindling and forgery, having presented himself as Jonathan G. Tlirw, of Pittsburg, a cousin of Harry K. Thaw, and passing forged checks and drafts amounting to thousands of dollars under this name. Truelson. who says he is Hut 2 2 ve?i*>? <u' ?<" ?i... ? " . v. , UMU!< < z I?" lllitl KK OI long dissipation, and ho admits that drugs have placed him in his position Aocordng lo his confession ho has two wives, and this was later corroborated. Ho told the prison authorities in Vernon that his 11 rut. wife, whom ho married in Saratoga Springs, X. Y., in 1!?04, was put out of the way at the Gunness farm, and as the woman has been missing for some time, it lent color to his story. His second wife, with whom lit; eloped from New York city in March, of this year, he also intended doing away with at the Gunness murder patch, according to his statement, but was prevented by Mrs. Gunness writing him that the authorities were getting too warm on her trail. Truelson's confession, complete in everything, and filled with details a great many of which had never made their appearance* in the newspaper accounts, was forwarded to Sheriff Smutzer at Ha Porte, and that official went to Texas to have a conference with the prisoner. When he arrived there he found Truelson in prison, and as ho did not have access to newspapers, how he possessed himself of all the details, unless he was an actual conspirator, was a mystery. The Indiana sheriff finally decided that the forger's story was true and prepared to return with hint to Indiana, but when the time for leaving canto, Truelson broke down and declared that the whole was si fabrication. Sheriff Smutzer immediately began another investigation, that of looking into the alibi Truelson presented, and after a few days he became convinced thstt the prisoner's confession was the mere work of his brain, and left for home without him In his written confession Truelson stated that he first ran across Mrs. (iunness through her matrimonial advertisement. He paid the widow a visit, but was too tough a customer for her to do away with, and when she asked him to join her, he consented. Together with Lamphere, Truelson declared that they had not only gotten victims for the marrying widow, but had buried them after she nut ihetn out of the way, and in some instances helped her in her bloody work of* death. Truelson further declared that he and Laniphere, convinced that Mrs. Gunness was plotting to do away with them, tossed a coin to see which should murder the widow's entire family and set fire to the house, and that the lot fell to Lamphcre. FELL TO HER DEATH. From the Hoof of a Burning New York Tenement. One woman was killed and six others wore terribly burned Tuesday in a fire in the furnished room bouse, No. 313 West Thirty-eight street, which threatened the lievs of a score of persons. The woman leaped from the roof to death on the pavement below. Lieutenant Mandray, of Engine company No. I, with four liremen, went down in the collapse of a burning stairway, but all escaped with slight burn and bruises. Mrs. Belltraine leaped from the rear of the house. An unlaced shoe caught in the supporters as she passed the floor and this turned her so that she struck head foremost on the cement paving. $5,000,000 Worth of Coal for Fleet. The estimated cost of the coal consumed by the Atlantic fleet when it shall have finished its cruise around * * - " * * - -* ? -A- A.*" AAA AAA tne worm ih piacea ai. $o,uuu,uuu 'The cost from San Francisco through the Suez canal is estimated at $2,029,000. Only American coal is being used. to be "false and fictions" alfldavitt in the case of Jesse and Francej Hunter, argued before the Court lasl Tuesday. RIBE NO \ * FATAL DUEL. ONE MAX KILLED AXOTIIKIl IXjuriMl. In u Running Fight in Autos A.t Abductor is Killed by His liroiheriu-Lnw. Iu a muiiing fight between tho occupants of two automobiles, iu which two revolvers were emptied. William Patterson was shot and killed Friday afternoon by his brother-in-law near Millersbiirg, Ind., and Ernest Franks, tho brother-in-law, was dangerously wounded by Patterson in the thigh. Patterson had as a prisoner in his motor car Mrs. A. Sargent, a young woman, whom, it is alleged, he had abducted in an excitive and daring manuer under the supposition that she was a counterfeiter and was fleeing from Franks. Mrs. Patterson lately had seperated from her husband. it is said, on account of his rough treatment. He blamed Mrs. Sargent for much of his domestic troubles and it is supposed that he had borne a grudge against her. Several weeks ago, Tearing for her life, Mrs. 1'aUerson left her home and took refuge with her father, Mr. Franks. Mr. Sargent, at his wife's' request, accompanied Iter to Lignorier and was her guest for some days, but had intended returning to her home at Wawasse. Patterson, tilled with liquor and in an ugly humor, arrived at Ligouier Friday afternoon a little before Mrs. Sargent started to the depot with Mrs. Patterson's father. "I want that woman to get out of that buggy!" shouted Patterson. He pointed a revolver at the doctor and at the same time dragged the woman from the buggy. Mrs. Sargent cried loudly for help, but was dragged into the automobile fainting, and placed in her seat. News of the abduction spread throughout Ligonier like lightning. Ernest Franks, brother of Mrs. Patterson, organized a posse of armed farmers and started in pursuit, taking the lead in a big touring car. The fugitives were overtaken just oast of Millorsburg, near the Wabash depot. "Halt, or I'll shoot!" shouted Franks, standing up in his motor car. Patterson replied 'with a string of pnrs;i?? and immediately onened tiro with his revolvor, shooting his brother-in-law in tlie thigh. Though dangerously wounded, Franks returned the lire with such unerring aim that Patterson was instantly killed. * YOUNG BANDITS. Four I.ads Hold Up and Rob a Railway Train. Four hoy bandits in knee trousers, the leader only 15 years old. held up and robbed the North-bound passenger train on the Great Northern, a mile and a half fro.n Great Falls, Mont., Saturday night. One roan was shot. The boys were captured aid gave their names as follows: Albert Hatch, 15, who is said to have planned the hold-up. William Randall, IT. George Croswell, 16. Harry Rheaines, 15. Croswell claims lie took no part In executing the robbery. Creswell, Rheames and Randall, say that Match turned the switch, ordered the en gineer to back up tho train and went through tho coaches with Conductor Jack Hayes, forcing the latter, at the point of a revolver, to rob tho passengers for hiin. They also allege Hatch shot Williuin Dempsey, who resisted him, and shot through Conductor Hayes' coatsleeve, after which the boy bandits escaped. Then Hatch drew liis gun on Rheams because the latter refused to join him in a hold up of another train. Hatch persuaded him not. to attempt another robbery while being pursued. I'ltKACIIKIl PIJIADS fiUILTV. I'lifrocked .Minister |Tse<l the I'nitcl States Mails to Defraud. In the United States Court at Richmond, Va., James T. Hargraves, an 1 "unfrocked" clergyman of the Episcopal church, residing in Hanover c.mnty, pleaded guilty to the charge ! ..J : ~ ITnU^.I a?..?nr. m.iila 11\ ri ll >1 lift tut; uiuicu oiatco man? tw - defraud, and was sentenced to eight months in jail. Bishop Brewster, of Connecticut, was among the witness ok against Margraves. * Tried to Sell Military Lands. ' An alleged plot to sell lan I in the ' military reservation at Fort Niobrara, 1 Neb., by false deeds, was revealed by the arrest at Indianapolis of fout real estate men. ? Relatives who are remembered ir i the will wear mourning, dud those t who are not do a little mourning on tlie'.r own account i : i W TO i FATAL TORNADO Sweeps Through Nebraska and Kansas Friday Evening OOING GREAT DAMAGE * Twouty?On? I'oople Killed ami n Great Ileal of IVoperty is destroyed. It Whs the Worst That Visited That Sectiou la Many Tears. A tornado which passed over southern Nebraska and portions of northern Kansas Friday evening was the most destructive and covered the most territory of any similar storm which has visited that region in many years. At least U 1 persona were killed. live were fatally injured and a score el others hurt. In addition, reports received say that several persons were killed at Myron, Neb., and IMiillipshurg and Courlland, Kan., whieli town have been eut off I'roin communication. Known casualties: Dead Lulu Smith, near lleneva. Neb., Irene Shively. aged i. near Geneva; Mrs. Maud Carter. Trenton; Ruby Carter; two children <>!' .Mr. Small, near Guide Rock; Henry Madison. near Franklin, Neb.; Mrs. August Fentcll, near Shiekley, Neb.; Elijah Artenbricht, near Shiekley; Hay Fleming, drowned near Fairfield, NOb.; Mrs. Clifton Simple, Rryon, Neb. Fatally injured John Shively, Geneva; Ross Shively. (ioneva; John Merrimau. Shiekley; Preston Kailey, Carlton; Mr. August Fentell. near Shiekley. Seriously injured -Mrs. John Shively, (ieneva; Edward Russell, Cieneva; A. K. McRaymond, Fairfield; Miss Young, near (iuide Rock; Mr. and Mrs. Cray, near Riverton; Mrs. Rennet!, near Geneva; Lester and Carter and second child. Carlton. The storm was general throughout Filmore, Webster, Franklin and Thayer counties, Nebraska, and reached into Kansas, from where reports are coming of groat destruction. The town of Carlton, Fairfield. Despler, Shiekley. Geneva. Franklin. Ong and Itlverton, Nebraska, are among those visited by the storm und in no one of them did the elements spare life or property. At Carlton five residences and two churches were destroyed, while it new sc hoi hui'ding and 30 houses were partially wrecked. The hotne of Lester Carter was demolished stud his wife and baby were kint (i, wiiiic* warier nimseii anil another child suffered severe injuries. At. Cieneva the storm wrought great destruction and in the adjacent, country claimed several victims, dead or injured. At Fairfield 4 0 houses were partly wrecked or demolished. The loss there will exceed $100,00 0. Van go reports from other points can not be confirmed because of broken wires. Trains in all directions are abandoned because of washouts and destroyed roadbeds. The storm covered such a wide area and was so destructive where*over it touched the earth that it has almost caused a panic among the rural inhabitants. Hundreds of farmers drove into the towns, seeking shelter, many of them being homeless. SRKIOI'S ACCIDENT. Lost an Rye by the Bursting of PepsiCola Bottle. A Mr. Pope, who keeps a restaurant at Statesville, N. C., was tho victim of a painful and serious accident. on Monday. He was in the act. of transferring a pepsi-cola hot tie from a crate to an ice liox when the bottle hurst with such force that pieces of the glass literally split open the ball of his left eye. Mr. Pope applied simple remedies to the eye and then hoarded a train and wont to Salisbury, where lie had the injury dressed by Dr. Brawley. He returned to Statesville on the next train and went to Char-Jot to that night to have the eye treated by Dr. Wakefield. The physicians have advised hi in that the sight, of the eye is lost for good and that it might have to be taken out at once to save the uninjured eye. An overcharge of gas 1 caused the bottle to burst. FOUIl MASK 101) MUX. Robbed the Itank at Cuba, Kansas, on Tuesday. 1 Four men robbed the state bank , of Cuba, Kansas on Tuesday and es' caped with between $0,000 and $$.000 after a fight with citizens. No , one was shot. After the vault had been ransacked the robbers went to ' the Rock Island depot, hoarded a ? handcar and disappeared in the direc: tinn of Belleville. The robbers all kworo masks. Posses are in pursuit. t THE HOI THIEVES FOILED PKKVKXTKI> NEW YORK ItOllHKllS FROM STEALING *1:1,000. In a Ihuingly Conceived Hold-lp Tluoe Men U ere Kept From (irt< ting Rank's fash. Fearlessly thrusting herself in among vigorously wielded blackjacks, Mrs. Evu. Javornicka prevented a daring attempt upon the part of] three highwaymen to steal $13,00$ front the messengers who were carrying it in a thickly populated New York street to a bank. When the robbers made their attack, the woman, a witness, ran from a restaurant and put herself between the messengers and their assailants, screaming loudly for the police. By clinging lo the robbers, she not only hampered them In their attempt to beat dov 11 thedeft nself themorseng r but soon attraeted a large crowd of persons who wont to the rescue. Frighten* *1 rt 1 no luibbub being nils ed. the robbers ceased their attack 11ml fled In different directions. Latjer a man accusc-d of having been (one of them was captured and eviIdeuce enough was soon found to hold | hnn Daringly Planned Oi'liur. The police department of the metropolis declare the robbery,wuh the nerviest on record, it. being evident th:it the robbers trusted to their quickness to beat the messengers into submission and get away with their booty before their capture could he effected. The attack was made in a thickly populated tenement district, and many saw the faces but, tlinking it to he one of the numerous drunken brawls, common in that district, paid no attention to it. But Mrs. Javornicku, seeing the flash of steel, thought different and threw herself into the fray. The struggle while it lasted was vicious. Blinded by pepper thrown in their eyes, clubbed over the heads with blackjacks, and their wrists and arms slashed by knives, the messengers hung on to their precious burden like grim death, the woman meanwhile bothering the robbers so much that one attempted to stab he:. When help arrived, two of the messengers sank to the ground, overcome bv the struggle, and were later taken to a hospital. Meanwhile one of the robbers, his hand covered by! blood from his victim's wounds, was pursued through several streets by a crowd of small boys. He was in a fair way of making his escape when he humped into an officer, and his explanations were so unsatisfactory he was locked up. Later Mrs. .lavornicka positively Identified him jfjs one of the three thugs. * LOCK LI) UP IX VAULT. And Hud to ll<- Dug Out l>y Follow Workmen. To be burled alive in the reserve vault in Ihe Trenton, N. J.. postolllce and to be dug; out by fellow workmen because no one could be found who had the combination is tho experience of Conovdr Thompson, a steam filler. Thompson was sent to the reserve vault to make some connections with (he new building now being erected, lie bored a small hole in the wall and was so intent on forcing through a pipe that he did not hear tho vault door close. He felt suffocated, called through the pipe and was heard by fellow workmen. The door had been closed by Postmaster Alexander (5. Yard, who had been called out of town. Thompson worked from the inside and fellow workmen from tho outside until the bole was large enough for the steam fitter to crawl to freedom.* IMIOWN I IK ATS SMITH. (icorgia Changed Her (jovcruor on l.nst Thursday. An Atlanta Dispatch says official returns from I LM? counties and olfiial counts from the remaining twenty of the votes cast In Friday's Demo cratic primary, gave Jos. M. Drown, for Governor, a majority of 12,00 ) over Hoke Smith Of the 11(1 counties in the State Hrown carried 00. I'or railroad commissioner, Judge George Hillyer and F. C. Callway were the successful candidates. The race for prison commissioner is still in don lit. All of the present Congressmen ware returned with the exception ot' TO. It. Lewis, in the 3d d'stiict, who was defeated by Dudley M. Hughes. Death Sentence for II llandits. Woven men and three girls have been sentenced to death by court martial at Warsaw, Ilussia, for attacking ?'i post car at Sokolow. A bomb thrown at the car killed twc soldiers and wounded ten. Following the wreck the train was looted.4 RRY HER / EIGHT DEAD As a Result of a Collision on Trolley Line ANO MANY ARE HURT. The lloiror Occurred oh tiin Washington, lluttimorc and Annapolis R lee trie Itailwny uud Was (Unused by Confusion of Orders. At Annapolis, .Md., in a bead on eoliiKon betweeu two special cars of th?? Washington. Baltimore and Alinapolis Klectrtc Kuilway company, shortly before X o'elock Friday night, eight persons were killed outrlghtand a score of others we re seriously injured. some of them perhaps fatally. The collision was duo to a confusion of orders, as I he lino has been running several extra cars each way in connection with the commencement festivities at the Naval Academy. Tile dead are: Kichard Norton, 25 years old. Baltimore; Police Patrolman Schriher, do years old, employed by tho railway company at Academy Junelinn ' "" ....... win iiiiuu'iiiiueu whito woman, apparently about 25 years old, said to be from Baltimore, and dressed in ball costume; Zoch O'Neal, 2.") years old. New York, motorman of one of the wrecked cars; Ituth Slaughter, six years old, daughter of General Traflic Manager William N. Slaughter of the road; J. W. MeDaniel, Baltimore; George White, Baltimore. I,AD HltKAKS HIS NKCK. Illy Falling From Stair llailiug While Sliding Down. While slidiug down a stairway railing in the cotton mill at Titcapu, in Spartanburg County, Friday. Clarylce Prince, aged H years, fell to the lloor and broke his nock. He died instantly. The accident happened shortly after 12, as t\ie boy was returning home alter huvingg carried dinno" to his failier. He straddle 1 the railing at the stairway and started to slide down when he lost his balance and fell. The coroner was notified, an inquest was held and a verdict of death by accident was returned. HOUSE SHOT .\XI> KILLED Under Ucveime Officers by .Moonshiners in Oroiirc. Rovcmio Collector It. I*. Merrick wag fired on by moonshiners in Oconee county Friday and though his horse was killed under him, ho escaped uninjured. Merrick and novel al officers were returning from a raid on illicit stills in that county, and had in custody one prisoner. The lull I fired at Merrick from the a*;lie passed his body and struck his horse in the top of the head killing I. i 111 instantly. * FOUIt MEN KILLED. A Hoiler Tube Explodes oil the Cruiser Tennessee. A report from San Pedro says an explosion occurred on the United States Cruiser Tennessee. A boiler tube blew up, killing four and injuring many others. The cruiser has not entered San Pedro harbor and the details are not yet available. The Tennessee sailed from San Francisco on May 17, and since then has been cruising in southernCaliforna waters, touehng Santa Uarbaru, San Pedro , and San Diego. HANDITIS.M NEAK PITTSIU'IUJ Mounted Masked Men Itob Store and Shoot I p Town. As dispatch from Pittsburg, Pa., says following the holding up and robbing of a. Pennsylvania railroad ox press train and a street ea.1 tlio vicinity was treated to a third wild Western affair Thursday when two masked men, heavily armed and riding horseback, smashed the window of the Monogahela Consolidated Coal and Coke Company's general store at Eastman, appropriated valuable articles and galloped away firing revolvers. lllow From Hat Fatal. At La Fayette, Ga., Willie Wat! son, aged 10, was instantly killed In a k:iii Kill"' r riuuy. w niie engaged in a game with a number of hi?* friends a hat slipped from the hands ) of a boy who was attempting to hit 'the ball and struck him 6vor >tho j heart, causing instant death. ald! I