The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-06-06
DUNCAN'S RETURN.
ANSWER To T4E CHARGES MADE As
TOI IMPROPER CONDUCT.
Charges as Made by the Columbia Bar
Association-Case Heard.
TCollmbia Record, End.

| 1l0 dcIlOu DIOuSuC ~ VH0 CO1oLN
bia bar association, through D. w.
Robinson, Esq, to disbar John I.
Duncan was set for hearing today
before the supreme court. When
the case was called it was continued
until tomorrow afternoon at 4 o'clock,
owing to other pressing business on
hand. Ex Judges Benet and Hud-
son were appointed to hear the case
with other justices, in the absence of
Chief Justice McIver and the dis
qualification of Associate Justice
Gary.
The charges against J. t. Duncan
are pretty generally known, it being
alleged that he borrowed $3.50 from
NJ. Frank, which money was loaned
to Ella Taylor, through Duncan,
upon the faith of a mortgage of real
estate given by Ella Taylor Decem-
Der Fl, 1900. The loan was made
to Taylor for the purpose of paying
the purchase price of the real estate
mortgaged, which price was to be
paid to Eliza Mitchell. The money
was loaned upon the statement and
representation of Duncan, who drew
aud prepared the note and mortgage,
that the title to the lot was all right,
was complete and in the defendant
Tay lor. 1t is alleged that the. title
to the real estate was not at the time,
nor had been at any prior time or
subsequent thereto, in said Taylor,
and that John 7. Duncan knew it.
That the money was not used for the
alleged purpose for which it was
borrowed, but was deposited in the
bank of Columbia ;s3d was checked
out and used by Duncan for his own
purposes That after the note and
! mortgage became due, Duncan re-
fused payment, and that suit was en-
tered for the amount and that the
master awarded it. That Judge
Buchanan confirmed the masters
finding and also ordered Duncan to
pay $3.50, with interest from May 3,
within ten days, to which order Dun
can consented. That Duncan failed
to comply, and on May II Judge
Gage adjudged Duncan guilty of
contempt of court and ordered his
(Duncan's) imprisonment. That af-
ter Judge Cages order Duncan
paid the money the same evening
notice was served on him.
Mr.. Duncan is represented by Jo-
seph Daniel Pope, L. F. Youmans,
R. w. Shand, F. G. Tonpkins and
W. D. Mayfeld In the return Mr..
Duncan states that in October l9OO
Ella Taylor informed him that Eliza
Mitchell would sell lot in Waverly
for $3.50 aud tn: Ella Taylor wanted
to buy it and secured his services IN
drawing up necessary papers. He
made an examination and found no
deed to Eliza Mitchell, but she was
in possession through her deceased
husband, who had paid all the pur-
chase price except about $50. Eliza
Mitchell asked him to straighten out
the title and that she was willing for
the remainder of the debt on the
original purchase to be satisfied out
of the proposed purchase money.
Mr.. W, H. Lyles was the attorney
for the original owner and Mr.. Dun
can offered to pay him the $50, and
drew up deed, which he left with
Mr.. Lyles to be executed, and it was
his understanding that it would be.
Duncan says be explained fully the
situation both to Frank and Ella
Taylor, and finally Frank consented
to lend $3.50 The money was fl
nal|y secured by check on Columbia
bank Latnr on be arranged with
Ella Taylor for second mortgage
of $162 80, which would, with other
money. realize 800, out of which
be MAS to receive $50 as his fee. Sub
seuuent events occurred and these
papers were never used Having Sc
cured the money from the bank he
offered 10 pay Mr.. Lyles $50 for the
deed he left 10 be- executed, but did
not get it. Thpn follow ed delays
owing to his Inability to get tht
deed. and he Informed Eliza Mitchell
Of the circumstances. He did no