The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-06-06
able with cash on hand to replace al
or any part of it.

secure titles from the purchaser oy
payment of the bid and costs, but
the purchaser refused to yield to
his tax title. Frank demanded the
money which he refused to pay be-
cause Eliza Mitchell had rights prior
to tax sale, but be offered to return
it if Frank would allow Ella Taylor
the amounts she paid to Frank in
part payment of the loan, which
Frank refused to do.
He declares that the masters find
ings were based upon testimony
which was not true, and which re-
fected severely upon him. After
some negotiation he finally con
sented, with Mr.. Robinson, to sign
an order wherein it was stated that
the findings of the master were ap
proved but be never intended to ad-
NIT the correctness of any Of the
findings except that he should pay
Frank $3.50.
He delayed in making payment in
ten days by reason of unavoidable
absence from the city, and partly by
the bond from whom he expected to
get the money, and by whom it was
promised before his absence and
from whom he did get it. He paid
the money May 13. He denies all
improper and unprofessional con-
duct and of any intentional wrong
doing.
SUMMARY OF THE TESTIMONY AND A-.GU-
MENTs.
The State, 4th.
The State supreme court yester-
day afternoon took up the proceed
ings to disbar John I. Duncan OF
the Columbia bar instituted by D. W.
Robinson, Esq, and for the first
time 10 the history of the court oral
testimony was taken, the m6Sse1g-
er's stand being used by the wit
nesses. Save for the four justices
on the bench the hearing very much
resembled an ordinary case in the
MAGISTRATES court. One feature. Of
the testimony was the plain and bold
admission of a negro woman witness
that she had in her testimony before
the master told what she WAS told to
tell The court room was crowded
throughout and the court sat from 4
o'clock until everything had been
disposed of. The decision of the
court in the matter will probably be
announced this morning at the open
ing of the court
When the court met the clerk OF
court of Richland county, Mr. ).
Frost Walker, was put on the stand
and testified as to- the circuit court re
cords.
Mr.. ". H. Lyles was then placed
on the stand He testified as to
matters related in the complaint and
answer in regard to the deed, as
published in the return of Mr.. Dun
can. He was cross examined by
Gen. Youmans. This cross examl-
nation was a pretty piece Of legal
cross fencing.
MIR. M. Frank was then sworn and
testified as to the loan made, and
said that Mr.. Duncan had told blm
that the title was all rightr When
he found the mortgage WAS no con
sequence he demanded his money
back from Mr.. Duncan.
Gen. Youmans considerably tan
gled the witness as to testimony be
gave before the master. This was
in regard to the reading of the re-
ceipt to Frank by Duncan and Franks
request to Duncan to set forth GER
tain facts in the receipt. The cross
examination was persistent and
lengthy, and directed to bringing
forth statements from the witness IN
conflict with those made At the hear
ing before the master.
Ella Taylor, black, with pearly
white teeth, wearing a mau's straw
hat and pink and white striped
shirt waist, the heroine Of the $2oO
loan. gave her testimony III police