The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-07-17
DUNCAN CONTEMPT CASE.
Supreme Court Trying Columbia
Lawyer-He Alleges Conspiracy
Against Him.

details. 1t is doing so in the ease OF
John II. Duncan. This is IL note
worthy cause. The court room was
crowded during the entire hearing
this morning, and when the dinner
recess was taken the principal figure
III the case was Oh the stand giving
his testimony i'll dramatic style.
John L. Duncan is young lawyer
IN Columbia, who has figured in poll
ties more or less. He is well COLI
nected and, above all else, is Il hard
fighter. He has been connected with
the local bar for many years, but has
not figured in many prominent cases.
lie is the counsel for Il colorcd man
named Jess Hunser. lie thinks
Hunter is being prosecuted and that
the white people in this county tried.
to drive Hunter from the community.
Hunter was arrested and convicted
on the charge Of firing into Il posse
that went to arrest him. Hunters
ease was appealed and the appeal dis
missed. Then Mr.. Duncan tried to
appeal AGAIN and Failed.
Then came the turning point in the
present case. An affidavit was pres
ented which, it was alleged, was sign
ed by jeff Taylor. In this affidavit
Jeff Taylor sworc that Hunter was
under the house and that he (Taylor)
was in the house and did the shoot
ing. Now Taylor says hc made no
such affidavit and that he never did
the shooting, and that Mr.. Duncan
tried to get him to make an affidavit,
but that he refused to do SO. The
Taylor affidavit was sworn to before
Mr.. Washington Clark, Of Columbia,
and Mr.. Clark swcars that the man
presented TO the supreme court as
JEFF Taylor was not the man who
signed the affidavit before him.
Mr.. Clark says that the man who
signed the affidavit before him was Il
tall, black negro. whereas the man
who appears as Jeff Taylor, is il
thick set, light compfcxtoncd colorcd
man.
The Jeff Taylor who appeared be-
fore the court absolutely denied that
he has signed the affidavit, and MI
Clark says he is not the man who ap-
peared before him and signed the pa
per.
Mr.. Duncan SAYS he is the man and
tnat he signed the affidavit, and that
he did the shooting, and that he vol
UNFAIRLY told him 50 months after the
shooting. Mr.. Duncan went into the
minutest details to show how and why
Taylor confessed to him that he had
done the shooting.
Then to add to the mystery Of the
Taylor affidavit it cannot now be
found. Mr.. Duncan alleges that it
has been abstractcd and tnat this is
merely an incident of the "eonspir-
acv' that has been formed against
him. The Taylor affidavit is alleged
to have been filed with the supreme
court for Il new trial. MIR. Duncan al
legcs that Mr.. Zimmerman, then So
licitor, took it out with bunch of
other papers. Mr.. Zimmerman turned
over the papers in the ease 10 his sue
cesS0r in ollicc--AIr. Bcnct-and the
affidavit was not among them. Mr..
l.. II. Brooks, clerk Of the supreme
court said that he looked for the
paper in company with Mr.. Bcnct,
and that he could not find the file at
all, and that later on he tclcphoned
for Mr.. Duncan to come down TO his
office, and that when Mr.. Duncan APP
peared and helped him look for the
papers that they were found. Col,
Brooks says that he does not know
whether the record was in the file box
when he and Mr.. Benet looked for the
papers, but that he co,Hd not find
single paper at that timc-they may
have been there. The Taylor affi-
davit, the original, was not then
found and has evidently flown. Then
there is a negro, Myers, whose affi-
davit was filed by Mr.. Duncan. He
says he made no such affidavit. Mr..
Duncan says that he did.
Now Mr.. Duncan is charged with
contempt of court and the court of its
own accord is considering his dis
barment. The disbarmcnt proceed
ings hinge on the genuineness Of the
aflidavits, particularly that of Jeff
Taylor, and it is for the court to de-
eide from the evidence it is now hear
,te