The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-15

! Myers SltleO tIdl LAY lOI was dt 11ulI-
ter's house at the time of the shoot
mo. and other affidavits corroborativc
thereof. At the trial Of the cause
Taylor had testified that he was not
at Hunters house and knew nothing
Of the shooting.
Mr.. Duncan, claiming to be entirely
shocked and surprised at the produc
tion Of these afidavits, asked for time
in which to reply thereto, and was
given by the court until June 2, 1908,
at which time the matter being again
brought up for a showing in reply to
said affidavits, Mr.. Duncan insisted
on reading to the court his own af'i-
davit, couohed in fierce AMI DENIM
ciatory language; the Substance Of
which was to villifv Solicitors Tim
norman and Benet and to accuse them
together with Magistrate LIKES. ~ho
had committed Hunter upon the shoot
ing charge, and others iii any wise
connected with that prosecution, Of :,
vile conspiracy, ga conspiracy dark
and damnable'') to exculpate Taylor,
convict Hunter and his wife and in
:iure and degrade him, Duncan. as 4
lawyer; and in suppor: Of the =cnu-
iaeness of the Taylor affidavit he
submitted an affidavit. purpocting TO
be from r.: stenogra; ;'h:r, Mrs. Slew
art, going to show very distinct re-
collection, on her part, Of the circum-
stances It the making Of that al1ila-
Wit. it's substance IN l.; ycnrmcns<~
Whereupon the SAID motion for
leave to apply for 8 new trial was
again refused. and IN The same da.'
this court, if its own motion, issued
an order as follcws:
"From the affdavits in the case Of
the State against Jesse Hunter and
Francis Hunter, it appears that
charges are made under oath that
John 7. Duncan, an attorney Of this
court, has knowingly submitted to
this court false and fictitious afida-
Wits.
"It is considered by the court that
the said charges should be investi-
gated, therefore it is ordered that the
said John T. Duncan do show cause
before the supreme court on Monday,
June 3, 1908, at 10 o'elock a. m., why
he should not be attached for con-
tempt or be disbarred as an attorney
for submitting said affidavits.
"Ordered further. a certified copy
of this order be forthwith served on
the said John T. Duncan.
"Y. J. Pope, C. J., etc.
And on June 6, by per eur1am or
der, Mr.. Attorney General Lyon be-
ing requested by the court to conduct
the investigation and trial under it's
said order Of June 2. On motion Of
said attorney general, the hearing un-
der the order Of June, being deferred
until July Is; on June 10 the court
made another order in the matter
whereunder said Duncan was directed
at the same time, to wit: July Is,
1908. also to show cause why he should
not be attached for a contempt Of
this court on account Of so villifying
its officers in the presence Of the court
and using towards them such often
sive language as would be unwarran-
table to be used in this court under
any circumstances; and SO COUGHING
his charges against. them and other
persons in such harsh and intemper-
ate language and invective as to bring
himself into contempt Of this court
aforesaid.
Associate Justice Gary being dis
qualified by reason of relationship to
the said Duncan by affinity and not
having participated in any Of these
proceedings, on July Is, 1908, Circuit
Judge Memminger having been assign
ed by the governor to take the place
of Justice Gary, and the court being
thus composed and ready to proceed
with the matter, Mr.. Schumpert ap-
pearing for Mr.. Duncan and Mr.. At:
torney General Lyon for the State,
due return was made to said orders
on behalf Of Mr.. Duncan; the return
being as to the first order, under
which disbarment was involved, for
presenting false and fictitious affi-
davits; in substance detailed state
ment Of the circumstances, under
which he claimed the Taylor and N.Y.
| erS afidayitS were obtained. and