The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-15
JOHN 7. 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.


preme court was handed down Fri
day. Duncan's case was heard in
July and the decision has been expect
ed daily ever since. The decree was
written by Judge R. Withers Mem
minger of Charleston. who sat in
place Of Justice Eugene B. Gary, dis
qualified.
The court is unanimous in it's de-
cision.
Judge Memminger' S opinion is very
forceful in such parts as relate to the
old proverb, "a good name,' etc.
Judge Memminger recites the history
of the case, and refers to the fact
that Duncan had been given warning
in former disbarment proceedings.
When the papers were received Fri
day morning, Col. Z. r. Brooks,
clerk Of the supreme court, submitted
to Sheriff Coleman a certified copy
setting forth the order of the court
that Duncan'S license be cancelled.
The paper was served in due process,
Duncan snpeareda+ ne supreme court
room and asked to see the entire de-
cree.
He 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
vindicated before the people, that he
harbors no malice.
The whole case comes up on the
prosecution of a negro for assault and
battery with intent to kill. Duncan
was the attorney for the accused, who
was convicted. Duncan in the effort to
get a new trial alleged that another
negro was guilty and presented an
affidavit alleging confession from
this negro. Solicitor Benet, who just
about that time came into office, made
some investigations upon reports
made to him, and submitted afiidavlts
denying Duncan's allegations. Upon
this Duncan was charged with having
submitted "false and ficticious affi-
davits. There were side issues in the
case of a sensational nature bQt the
above constitute the main facts. The
opinion of Judge Memminger Is as
follows:
The Decision.
At the May, 1906, term Of the court
Of general sessions for Richland coun-
ty, Judge Klugh presiding, Jesse Hun
ter, a negro, was tried and convicted
under charge of firing upon and
wounding one of a magistrate's s posse
sent to his house to arrest him.
John T. Duncan, Esq, Of the Rich
land county bar, defended Hunter,
and, after conviction, moved Judge
Klugh for a new trial, which was re-
fused. An appeal to the supreme
court was then taken, and supersedeas
bond given, the wife of said Duncan
being one Of the sureties thereon.
There was considerable delay in
perfecting this appeal but pending
the supersedeas in December, 1907, in
conformity with the practice then ef-
fective. as to motions for new trials
on after-discovered evidence, Mr..
Duncan moved the supreme court for
leave to apply to the circuit court on
the ground Of such after-discovered
evidence, said evidence purporting to
be, among others, an affidavit of one
Jeff Taylor, stating that he was at
Hunters 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 part. The
supreme court refused this motion
but thereafter Mr.. Duncan obtained
a 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
norman was put into the Eleventh cir
cult and to the solicitorship Of the
Fifth circuit, composed of Richland
and Kershaw counties, the governor
had appointed Christie Benet, Esq,
Of the Richland bar.
When, therefore, the said motion
came up in May, 1908, as aforesaid,
Mr.: Solicitor Benet REPRESENTED the