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

tcr's house at the time of the shoot
ing, and other aflidavits corroborative
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.
ton of these af1idavits, 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 Il showing in reply to
said aIlidavits, Mr.. Duncan insisted
on reading to the court his own Aft
davit, couohed in fierce and DENIM
cialory language; the snh>tancc of
which was to villify Solicitors Tim
norman and Benct and to accuse them
together with Magistrate LyIcs. who
had committed Hunter upon the shoot
ing charge, and others in any wise
connected with that prosecution, OF u
vile conspiracy, ("a conspiracy dark
and dnmnable'') to cxculpatc Taylor,
convict Hunter and his wita and IN
.inrc and degrade him, Duncan. as Il
lawyer; and in supper. Of the ~cnu-
.aeneSs Of the Taylo: affidavit he
submitted an affidavit. purpn ting to
be from r. stcnogrn;' ;'l'"r. Mrs. Slew
art. going to show very distinct re-
collection, on her part, of the circum-
stances It the making Of that aI1ida-
Wit. its substance an | t.; "cnrlncn.s>
Whcrcnpon the sand nptim for
leave TO apply for " new trial was
again refused. and IN Iar same ,la~
this court, if its own motion, issued
an order AS follcws:
"From the atfidavits in the ease Of
he State against Jesse Hunter and
Francis Hunter, it appears that
charges are made under. oath that
John Y. Duncan. an attorney of this
court. has knowingly submitted to
this conrt false and fictitious ailida-
Wits.
SIT is considered by the court that
the said charges should be investi-
gated, therefore it is ordered that the
said John II. Duncan do show cause
before the supreme court on Monday,
June ;. 1908, at 10 0 clock a. M, why
he should not be attached for con-
tempt or be disbarrcd as an attorney
for submitting said alidavits.
"Nrlcrcd further. Il certified copv
Of this order be forthwith served on
the said John T. Duncan.
"Y. J. Pope, G. j., etc."
And on June 6. by per curtain 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 9. On motion of
SAID attorney general, the hearing I'M
der the order of June, being deferred
until july Is; on June 10 the court
made another order in the matter
J wtrrcnndrr said Duncan was directed
at the same time, to wit: July Is.
l!''S. ais" t" show cause why he should
not be attached for II contempt of
inns court on account Of so villifving
lis officers in the presence of the court
and using towards them such often
SIr" language us would be unwarran-
| table [" be used in this court under
amy circumstances; and So r0urhine
hiS charges against. them and other
persons in such harsh and intempcr-
ate language and invcctive as to bring
himself int" contempt of this court
aforesaid.
Associate Justice Gary being dis
Hualillrd by reason OF relationship to
thr said Duncan by affinity and not
having participated in any of these
proceedings. on July Is, 1908, Circuit
Judge Mcmmingcr having been assign
'd by the governor to take the place
OF Justice Gary. and the court being
thus composed and ready To proceed
with the matter. Mr.. Schumpcrt ap.
pcarin% for Mr.. Duncan and Mr.. At.
t"rncy General Lyon for the State
due return was made To said order,
on behalf of Mr.. Duncan; the return
beng as to the first order, undc,
which diAbarment Was involved, 70,
presenting false and fictitious affi
davltS; III substance II detailed state
mcnt of the circumstances, undc,
which he claimed the Taylor and Nv.
erS alidavitS were obtained; and
thus presenting clear issue of fact
upon this question; as to the scconG