The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-15
JOHN T. DUNCAN
WAS DISBARRED
SUPREME COURT FILED ITS DE-
CISION FRIDAY.
All Brought About in the Trial of a
Negro for Assault and Battery
With Intent to Kill.


day. Duncan $ case was heard in
July and the decision has been expect
cd daily ever since. The decree was
written by Judge Il. WithcrS Mem
mingcr Of Charleston, who sat in
place Of Justice Eugene b. Gary, dis
qualified.
> The court is unanimous in it's de-
ciSion.
Judge Mcmminger's opinion is very
forreful in such parts as relate to the
old provcrb, "a good namc,' etc.
Judge Mcmminger rccitcs the history
OF the ease. and rcftrS to the fact
that Duncan had been given warming
in Former diSbarmcnl proceedings.
When the papers were received Fri
day morning, Col. L. Il. Brooks,
clerk Of the supreme court, submitted
to Sheriff Coleman certified copy
sotting forth the order OF the court
that Dunran'S license BE- cancelled.
The paper was served in due process,
Duncan apprarrdat the supreme court
room and asked to SOC the entire de-
crcO.
lie gave no statement OF
his intentions other than to say that
he is conscious Of having done no
wrong, that he hopes some day to be
vindirat'd before the people. that he
harbors no malice.
lhr whole ease comes up on the
prosecution Of !, negro f0r assault and
battery with intent to kill. Duncan
was the attorney for the accused, who
was convicted. Duncan in the effort to
get new trial alleged that another
ncgro WAS guilty and presented an
affidavit alleging Il confession from
this negro. Solicitor Bcnct. who lust
about that time came into office, made
some Investigations upon reports
made t" him. and submitted allidavitS
denying Dunran'S : allegations. Upon
this Duncan was charged with having
submitted "falSr and tirtirinuS' affi-
davit$. There were side issues in the
ease Of Il sensational nature but the
above constitute the main facts. The
opinion of Judge Mcmmnwcr is ns
follows:
The Decision.
At the May. 1906. term Of he court
Of general sessions for Richland coun-
ty, Judge Klu"h prcSnling. Jesse Hum
ter. u negro, WAS tried and convicted
under Il rhar"" of firing upon and
w"undln% one of Il mag iStratc'S posse
sent I" his house to arrest him.
John II. Duncan. t,S,l.. Of the Rich
land county bar. defended Hunter,
and. after conviction. moved Judge
klugh for Il new trial. which was re-
fused. An appeal to tn" supreme
court WAS then taken. and suprrscdras
bond given. the wife of said Duncan
being one of the Surctics thereon.
Thrr" was considerable delay in
prrfrrtiny this appeal but pending
the SuprrSrdeas in December, 1907, in
conformity with the practice then cf-
fertivr. rs to motions for new trials
on nitrr-dlSroverrd evidence, Mr..
Duncan moved the supreme court for
leave to apply to the circuit court on
the ground of such after-discovercd
evidence. said evidence purporting to
be, among Tiers. an affidavit Of one
jeff Taylor. stain" tlrat he was at
Hunter : house at the time of the
shooting for which Hunter had been
convicted. and that he. not Hunter,
did the shooting.
This motion was resisted by Mr..
Solicitor Zimmerman, then solicitor
OF the Fifth circuit. Of which Rich
land county was then Il part. The
supreme court refused this motion
but thereafter Mr.. Duncan obtained
stay Of the remittitur and the mo-
ton came up for hearing at the next
succeeding term Of this court in MAY,
1908. In the meanwhile. by an act of
the legislature. Mr. Solicitor Tim
mcrman WAS put intnthc Eleventh cir
cult and to the solicitorship Of the
Firth circuit, composed Of Richland
and Kcrshaw counties, the governor
had appointed Christie Bcnct, ESQ,
of the Richland bar.
When, therefore, the said motion
came up in May, 1908, as aforesaid,
Mr.. Solicitor Benet represented the
State, being notified of the motion
and appearing therein, produced and
read mn affidavit from loft TavIo,,