Auld Lang Syne AULD LANG SYNE



Should auld acquaintance be forgot,

And never brought to mind?

Should auld acquaintance be forgot,

And days of auld lang syne?

And days of auld lang syne, my dear,

And days of auld lang syne.

Should auld acquaintance be forgot,

And days of auld lang syne?



We twa hae run aboot the braes

And pu'd the gowans fine.

We've wandered mony a weary foot,

Sin' auld lang syne.

Sin' auld lang syne, my dear,

Sin' auld lang syne,

We've wandered mony a weary foot,

Sin' auld ang syne.

We twa hae sported i' the burn,

From morning sun till dine,

But seas between us braid hae roared

Sin' auld lang syne.

Sin' auld lang syne, my dear,

Sin' auld lang syne.

But seas between us braid hae roared

Sin' auld lang syne.



And ther's a hand, my trusty friend,

And gie's a hand o' thine;

We'll tak' a cup o' kindness yet,

For auld lang syne.

For auld lang syne, my dear,

For auld lang syne,

We'll tak' a cup o' kindness yet,

For auld lang syne.



-----------------------------------------------------------------

Robert Burns forwarded a copy of the original song to the British

Museum with the remark, "The following song, an old song, of the

olden times, and which has never been in print, nor even in

manuscript until I took it down from an old man's singing, is

enough to recommend any air." (Gavin Grieg: "Last Leaves of

Traditional Ballads") The verses were set to a pentatonic air:

"I fee'd a lad at Michaelmas." Steve and Julie Duffus

New Years Photos

Paris Duffus in the News extracted from: http://www.hockeyweb.de/spielberichte/deg4.html

Niklas Fuchs für Hockeyweb:

Spitzenduell endet im Penaltyschiessen



Mit 4:3 (2:2 - 1:0 - 0:1 - 1:0) nach Penaltyschiessen konnte die Düsseldorfer EG gegen die Nürnberg Icetigers nun auch den fünften Sieg in Folge feiern. Beide Teams mussten Ausfälle kompensieren: bei Nürnberg fehlte Verteidiger Per Lundell, die DEG trat einmal mehr ohne den noch nicht ganz regenerierten Andrej Trefilov an. Vor 6600 zahlenden Zuschauern an der Brehmstrasse war das Unentschieden nach der regulären Spielzeit letztendlich verdient für beide Teams, die sich vor allem durch großen Kampf in einem harten Spiel hervortaten.



Früh ging die DEG durch einen glücklichen Treffer von Lorenz Funk, bei dem dem Nürnberger Goalie Patrice Duffus die Sicht versperrt war, in Führung. Postwendend dann der Nürnberger Ausgleich durch Ex-Kölner Luciano Borsato, der die Verwir- rung in der DEG-Hintermannschaft eiskalt ausnutzte und Peter Franke mit einem Schuss in den linken Winkel überwand. Nach einer Viertelstunde ging die DEG aber- mals in Führung: Victor Gordiouk traf den Puck am Torraum stehend nicht perfekt, Leo Stefan netzte ein. Doch auch hier antworteten die Eistiger kurze Zeit später auf ihre Weise, mit dem erneuten Ausgleich: Alexander Cherbajev umkurvte den etwas zu weit vorgestoßenen Peter Franke und schob mustergültig aus spitzem Winkel ein. Dieser Treffer bedeutete zugleich den ersten Scorerpunkt von Björn Nord in der DEL. Durch einen Konter des ersten DEG-Sturms ging die DEG in Drittel zwei erneut in Führung, als Victor Gordiouk einen Schlagschuss im rechten Winkel des Tores von Patrice Duffus versenkte. Diese Führung hatte länger Bestand als die vorigen, dennoch zerstörte Martin Jiranek im 4-gegen-3 Powerplay exakt 12 Minuten vor Schluss die Düsseldorfer Träume von der Tabellenführung. Er hämmerte einen Schlagschuss unerreichbar für Peter Franke ins rechte untere Eck. Beide Teams - insbesondere die Nürnberger - hatten noch Möglichkeiten, das Spiel in 60 Minuten zu entscheiden, doch die nicht immer sicher auftretenden Schlussleute Franke und Duffus erzwangen den Showdown. Victor Gordiouk traf für die DEG, Martin Jiranek nach einem überraschenden Trick (fuhr kurz vor dem Torraum plötzlich parallel zum Tor) für Nürnberg, ehe der Kanadier Craig Reichert der DEG mit seinem ersten Saisontor den Zusazpunkt bescherte.



Es war ein echter Eishockey-Krimi: Nürnberg glich immer wieder die DEG-Führung aus, hätte das Spiel am Ende sogar noch wenden können. Kämpferische Einstellung auf beiden Seiten. Emotionen und Härte im Spiel. Nur der kleinliche Schiedsrichter Gerhard Müller unterbrach immer wieder den Spielfluss der begeisternden Begegnung. Hervorzuheben bleiben die Spieler Stefan und Gordiouk für Düsseldorf, sowie Jiranek und vor allem Cherbajev für Nürnberg. Top-Star und Ex-Düsseldorfer Jason Miller blieb weitestgehend blass, die zweite Sturmreihe der DEG (Shuchuk, Sundblad, Reichert) ebenfalls.



Tore:



1:0 (02:39) Funk (Mondt), 1:1 (03:14) Borsato (Miehm), 2:1 (14:09) Stefan (Gordiouk, Sorokin - 5:4), 2:2 (15:53) Cherbajev (Nord, Miehm), 3:2 (28:56)

Gordiouk (Beddoes, Elick), 3:3 (48:00) Jiranek (Nemecek - 4:3)



Penalties: Gordiouk, Reichert (Düsseldorf) und Jiranek (Nürnberg)



Strafminuten:



Düsseldorf 16, Nürnberg 18



Zuschauer:



6600

New Category Added to Duffus Web Site - "Entertainers and Musicians"

I've added a new category to the contents page for the Duffus web site. I've recently received an email from Dave Duffus who is a musician in Australia. I've also discover- ed a Shenley Duffus who is a musician in Jamaica, and I'm featuring our old friend comedian George Duffus.

To listen to Dave Duffus music click on image!!

Subject: CD release by Dave Duffus of Melbourne, Australia

Date: Fri, 5 Jan 2001 08:22:52 +1100

From: "Dave & Maigread Duffus" <dmduffus@smartchat.net.au>

To: <davidduffus@greenvillenc.com>

Dear David,

Thank you for all the fantastic work you have done on the Duffus website over the years. Thanks also for the way you have kept us informed through the "Duffus Sunday Evening News". It's great to feel a part of a global family community.

I am a professional saxophonist and I have recently released an instrumental album entitled "Humidity". It contains 9 original tracks plus 2 hymns arrang- ed in a contemporary style. More information about me and the CD can be found at:

www.geocities.com/daveduffusau/index.html

where some of the tracks can be listened to and the CD can be purchased online.

I'd appreciate it very much if you would include this information in the next edition of the "Duffus Sunday Evening News".

Yours Sincerely,

Dave Duffus

24 Stewart Street

Mount Eliza 3930

Victoria, Australia

phone: +613 9787 3192

fax: +613 9787 0467

dmduffus@smartchat.net.au

---------------------------------------------

www.geocities.com/daveduffusau/index.html

Shenley Duffus

I don't have a picture of Shenley Duffus who is a Ska musician from Jamaica, but you can download one of his songs as a MP3 file by click the album below.

To listen to Shenley Duffus's music download

Crescendo Player by clicking here!!

George Duffus





Famous entertainer George Duffus - click on image for videos!!

Duffus Shipyard in Aberdeen

Subject: [Fwd: Duffus shipyard]

Date: Wed, 20 Dec 2000 21:52:53 -0500

From: davidduffus <davidduffus@geeksnet.com>

To: davidduffus@greenvillenc.com

--------------------------------------------------------

Subject: Duffus shipyard

Date: Fri, 20 Oct 2000 09:39:26 +0100

From: "CATHERINE WALKER" <CATHW@arts-rec.aberdeen.net.uk>

Organization: Arts & Rec. Dpt. Aberdeen City.

To: davidduffus@geeksnet.com

The Duffus shipyard was officially known as John Duffus & Company.

In addition to shipbuilding, Duffus (trading as the Aberdeen and London Steam Navi- gation Company) was involved in the shipping trade between Aberdeen and London. Duffus built and owned vessels on this route. These were steam vessels, for which the company also built engines. I hope that this information is of some interest. It may be possible for you to obtain further information on the shareholders of the company from AberdeenCity Archives, based at the Town House, Broad Street, Aberdeen. Thank you for your interest in Aberdeen Maritime Museum. This message is not intended to have contractual effect.

Catherine Walker

Assistant Keeper (Maritime History)

Aberdeen Maritime Museum

I need someone who knows French to translate this for me - it appears

to be about King Duffus!!

Opérations de la sorcellerie contre les hommes. - Maladies effroyables. -Envoûtement. - La fièvre du roi Duffus . L'évêque Guichard, la reineBlanche et sa fille Jeanne. - De l'envoûtement à la cour de France au XVIème siècle.

extracted from: http://perso.infonie.fr/la.mission/Duffus.htm





En suivant les pratiques de la sorcellerie d'après l'échelle ascendante des êtres, nous arrivons des éléments à la matière, de la matière à l'animal, de l'animal à l'homme, et nous trouvons le magicien opérant sur ses semblables et, en dernière analyse, sur lui-même; en d'autres termes, le sorcier ensorcelle les autres et finit aussi pars 'ensorceler. Ici encore nous allons le suivre pas à pas à travers ses ténébreuses pratiques.



Lorsque le sorcier agit sur les autres ou pour les autres, c'est, en général, pour nuire ou servir des passions coupables, et en cela il diffère essentiellement de l'enchanteur et même du magicien, tel que ce dernier est présenté par les croyances orientales, oui par les plus anciens poèmes chevaleresques, car dans ces poèmes, comme dans ces croyances, le magicien fait plus volontiersle bien que le mal, et on peut le prendre sans scrupule pour un savant ou pour un sage. Quant au sorcier c'est toujours et partout, dans ses rapports avec ses semblables, l'homme nous avons vu plus haut pactiser avec le diable; c'est toujours un être, foncièrement méchant , on en jugera par ce qui suit.



Comme les dieux de l'enfer, païen, le sorcier ne sait point s'attendrir et pour, se venger de ses ennemis, quelquefois même pour tourmenter par plaisir ceux. qui lui font envie, il les frappe de maladies effroyables. M de Saint-André parle d'une. jeune fille ensorcelée, qui, après avoir perdu le mouvement et la respiration, vomit, pendant plusieurs mois, des coques d'œufs, du verre, des coquilles, des clous de roues de chariot, des couteaux, des aiguilles et des pelotes de fil. D'autres vomissaient des crapauds des serpents, des hiboux; quelquefois le sorcier ordonnait au diable lui-même d'entrer' dans le corps de la victime, et alors, on voyait se produire, par l'effet du maléfice, tous les phénomènes de la possession. Les ensorcelés qui, portaient en eux un autre être, se détournaient de la société des hommes pour s'exiler dans les cimetières, et jusque dans les tombeaux.



Leur. figure avait la couleur du cèdre; leurs yeux rouges' comme des ébarbons, sortaient des orbites; leur langue, roulée comme un cornet, pendait sur leur menton , et le contactet la vue des choses saintes, produisaient sur eux le même effet que l'eau sur les hydrophobes. La médecine, était impuissante, à les, guérir, et ils mouraient souvent comme suffoqués par le diable.



On envoyait aussi la maladie et la mort, soit aux personnes avec lesquelles on pouvait communiquer soit à celles qui se trouvaient à de grandes distances, à l'aide de figures de cire, faites à leur image ; ce genre de maléfice, connu, au moyen âge sous le nom d'envoussure ou d'envoûtement, fut souvent pratiqué, principalement contre les grands personnages. Après avoir, baptisé, nommé et habillé la figure qui servait à l'envoûtement, on la frappait, on la blessait plus ou moins fort, on la jetait à l'eau, on la brûlait, on l'enterrait, on la pendait, on l'étouffait, et toutes les tortures à laquelle elle était soumise se répétaient sur les corps des vivants. Quelquefois, lorsqu'on voulait faire mourir à petit feu l'envoussé on enfonçait dans la statuette, où on les laissait fixées à demeure, des épingles très aiguës, de telle sorte que le malheureux sentît constamment dans ses chairs la pointe meurtrière.



Les affaires d'envoûtement sont très nombreuses au moyen âge, et même à une époque assez rapprochée de nous ; elles sont de plus répandues dans toute l'Europe. On racontait en Écosse que le roi Duffus , ayant été attaqué tout à coup d'une fièvre, brûlante et de sueurs continuelles, dont rien ne pouvait calmer l'ardeur ou diminuer l'abondance, les médecins déclarèrent que leur art était impuissant, et que sans aucun doute Duffus , était ensorcelé. Les sergents et les magistrats se mirent en quête et trouvèrent deux femmes d'une fort mauvaise réputation, qui faisaient des cérémonies étranges, sur une petite statuette, de cire qu'elles chauffaient à un grand feu. Les femmes, conduites en prison, avouèrent qu'elles. avaient, envoûté le roi,, et que c'étaient elles qui avaient causé la fièvre et les sueurs ; les médecins alors ordonnèrent de placer la statuette dans un endroit frais. L'ordre fut exécuté. Aussitôt le roi cessa de suer et ne tarda point à se rétablir.



Les premières années du XIVe siècle offrirent un célèbre procès d'envoûtement, et ce procès fit d'autant plus de, bruit que l'accusé était un grand dignitaire de l'Eglise, Guichard, évêque de Troyes



que le peuple avait surnommé le fils de. l'incube. La reine, Blanche de Navarre, étant morte en 1304, et sa fille Jeanne l'ayant suivie de, près, dans là tombe, à l'âge de trente-trois ans, Guichard. Fut accusé d'avoir fait périr ces deux princesse s par œuvre magique, On instruisit son procès; et voici ce qu'on lit dans l'acte d'accusation : L'évêque Guichard portait une haine mortelle à la reine Jeanne et à sa mère parce que c'était à leur -poursuite qu'il avait été chassé du conseil du Roi.s'était vanté de les faire :mourir et s'était associé dans ce but une sorcière, une femme inspiritée, et un moine jacobin; ils avaient tous trois évoqué le diable et le diable interrogé avait répondu. qu'il faillait faire une image de cire, ressemblant à la reine, la baptiser, lui donner les noms de cette princesse, l' approcher, du feu, la piquer avec une aiguille au cou et à la tète; que la, reine alors commencerait à se mal porter, et qu'elle mourrait aussitôt que la cire seraitfondue ;d'après ce conseil du diable, Guichard fît l'image et la baptisa conjointement avec le jacobin, dans l'ermitage de Sainte-Flavy ; il y fit fondre l'image et aussitôt la reine mourut.



De nombreux témoins furent interrogés, entre autres l'ermite de Saint-Flavy, qui confirma les faits; l'évêque fut condamné, mais le caractère dont il était revêtu le sauva du dernier supplice, et il resta en prison jusqu'en 1313, époque à laquelle son innocence fut reconnue. Vers le même temps, des accusations de Sorcellerie furent aussi, on le sait, portées contre les templiers, mais moins heureux que l'évêque Guichard, ils expièrent sur le bûcher les crimes, pour la plupart imaginaires, dont on les avait chargés.



Au XVIè, siècle, la mode des envoûtements devint tout à fait populaire., On sait que la duchesse de Montpensier employa, souvent ce maléfice contre Henri III,. et qu'elle ne recourut au poignard de Jacques Clément qu' après en avoir reconnu l'inutilité. Catherine de Médicis, qui patronna toutes les folies et toutes les scélératesses , se servit aussi plusieurs fois de l'envoûtement , tout en redoutant pour elle-même ses terribles effets, et lorsque la Mole et Coconas furent livrés au dernier supplice, elle se montra fort inquiète de savoir s'ils ne l'avaient point envoûtée c'est qu'en effet du

moment où l'efficacité de cette pratique était admise, il n'y avait plus de, sécurité, même au sein de la puissance absolue, et la garde des barrières du Louvre n'en défendait pas les rois.

Beanie Duffus Appeals from 33 Year Prison

Sentence

Filed April 20, 1999



UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT



No. 98-1548



UNITED STATES OF AMERICA



v.



CLINTON DUFFUS a/k/a "Paul Lewis, Beanie"



Clinton Duffus,



Appellant



On Appeal from the United States District Court

for the Eastern District of Pennsylvania

District Judge: Honorable James McGirr Kelly

(D.C. Civ. No. 90-00238-7)



Submitted under Third Circuit LAR 34.1(a)

March 25, 1999



BEFORE: GREENBERG, ROTH, and ROSENN,

Circuit Judges



(Filed: April 20, 1999)









Michael R. Stiles

United States Attorney

Walter S. Batty, Jr.

Assistant United States Attorney

Chief of Appeals

Dina A. Keever

Assistant United States Attorney

Office of United States Attorney

615 Chestnut Street

Philadelphia, PA 19106



Attorneys for Appellee



Arza R. Feldman

Feldman & Feldman

1800 Northern Boulevard

Suite 206

Roslyn, NY 11576



Attorneys for Appellant



OPINION OF THE COURT



GREENBERG, Circuit Judge.



I. INTRODUCTION





A jury convicted appellant Clinton Duffus of certain drug-related offenses including conspiracy to distribute cocaine and cocaine base, RICO, possession of cocaine with intent to distribute, and money laundering. The district court on November 26, 1991, sentenced Duffus to concurrent sentences so that his effective custodial term was 400 months. Duffus appealed but we affirmed on October 29, 1992, by judgment order. See United States v. Duffus, 980 F.2d 725 (3d Cir. 1992) (table). Duffus did not file a petition for certiorari.



In March 1997, Duffus, who was pro se throughout the proceedings under 28 U.S.C. S 2255 in the district court involved in this appeal, filed a motion seeking an extension of time to file a motion to vacate, set aside, or correct sentence pursuant to section 2255.1 While the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") provides "[a] 1-year period of limitation to a motion under" section 2255 measured from the latest of several events, the Department of Justice has taken the position that prisoners were entitled to a grace period after AEDPA's effective date of April 24, 1996, to file section 2255 motions. Furthermore, we have held that federal prisoners

were entitled to a full one-year period after April 24, 1996, to file section 2255 motions so that the AEDPA would not be "impermissibly retroactive." See Burns v. Morton, 134 F.3d 109, 111-12 (3d Cir. 1998). Without that grace period, if Duffus had filed a motion for relief under section 2255 in March 1997, it would have been untimely as it is clear that in his case the one year would have been measured from

the date when we affirmed his conviction on direct appeal and the period for seeking a writ of certiorari expired. See Kapral v. United States, 166 F.3d 565, 577 (3d Cir. 1999). Thus, the effect of Burns v. Morton was to make Duffus's conviction and all other convictions in this circuit otherwise final before the effective date of the AEDPA, April 24, 1996, final on that day for purposes of calculating the limitations period under section 2255.



The district court, by order dated April 18, 1997, denied

_________________________________________________________________



1. Section 2255 provides in relevant part:



A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of --



(1) the date on which the judgment of conviction becomes final;



(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;



(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or



(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.



Duffus's motion for an extension of time to file a motion for relief under section 2255, as it did not have the authority to extend the AEDPA statute of limitations. Neverthe- less, the court indicated that Duffus could file his section 2255 motion "and request leave to supplement it within 30 or 60 days."



On April 23, 1997, Duffus filed a timely section 2255 motion within the grace period established by Burns v. Morton. In his motion Duffus asserted that his attorney had been ineffective because the attorney failed to contend on appeal that the evidence was insufficient to convict Duffus of money laundering and because the attorney failed to object at sentencing to the district court's use of the sentencing guidelines in effect at the time of the sentencing rather than those in effect in April 1988, when Duffus al- legedly withdrew from the conspiracy. Duffus also asserted that the district court wrongfully attributed more than 50 kilograms of cocaine to him in calculating his sen- tence. The government filed a response urging that the "motion should be denied in its entirety" on the grounds that it was procedurally defective and lacking in merit.



Thereafter on October 28, 1997, more than six months after Duffus filed his section 2255 motion and five years after we affirmed his conviction on his direct appeal, Duffus moved to amend the motion. His proposed amendment included various bases for relief and, as germane here, urged that his trial attorney had been ineffective for failing to move to suppress evidence. Duffus explained in his brief supporting his motion to amend that when the Philadelphia police stopped him on December 31, 1987, while he was driving a motor vehicle, they said that they did so because he had run a stop sign. They also stated that he ran away and dropped a sock containing nine ounces of cocaine which they recovered.

_________________________________________________________________



2. The government also contended that the petition was late because it was docketed in the district court on April 29, 1997. The court, however, regarded it as timely because Duffus placed it in the prison mail box on April 23, 1997. See Burns v. Morton, 134 F.3d at 112-13. The government does not challenge this decision on this appeal.



Duffus indicated that when he found out that he was being charged for an offense arising out of his possession of this cocaine he advised his attorney that the police had stopped him for no reason and then found the cocaine inside his vehicle. Nevertheless, his attorney did not move to suppress the cocaine as evidence and he did not even investigate Duffus's assertion. Duffus argued that if his attorney had moved to suppress the evidence there was a reasonable probability that in evaluating the credibility of the witnesses the court would have believed him and granted the motion to suppress. He assert- ed that supression of the evidence would have led to his acquittal on the charge of possession of cocaine with intent to distribute.



The court referred Duffus's section 2255 motion, including the motion to amend, to a magistrate judge who filed a report and recommendation on April 6, 1998, recommend ing that the district court deny both Duffus's original motion and his motion to amend without an evidentiary hearing. On May 19, 1998, the district court entered an order approving and adopting the report and recommendation and denying the section 2255 motion, and thus the motion to amend as well, without an evidentiary hearing. Duffus then moved for reconsideration but the district court denied that motion on July 7, 1998.



Duffus then appealed from the July 7, 1998 order, and filed a motion asking the district court to issue a certificate of appealability.3 The district court denied the motion by

order entered August 20, 1998. Duffus also filed a request for a certificate of appeal- ability with this court which a motions panel granted on August 20, 1998, on three issues, the third being Duffus's allegation "that the district court erred in denying [his] motion to amend his section 2255 motion."4 On August 28, 1998, the government filed

_________________________________________________________________



3. Inasmuch as Duffus filed his section 2255 motion after the effective date of the AEDPA he was required to seek a certificate of appealability even though he had been convicted before that date. See United States v. Skandier, 125 F.3d 178, 180 (3d Cir. 1997).



4. Inasmuch as the district court denied a certificate of appealability, Duffus's appeal could not go beyond those three issues. See United States v. Eyer, 113 F.3d 470, 474 (3d Cir. 1997).



A motion seeking reconsideration of the order granting the certificate of appealability which the motions panel referred to the merits panel.



On this appeal, Duffus argues only that the magistrate judge and the district court abused their discretion when they respectively recommended that the amendment not be allowed and denied the motion to amend. This appeal, however, can be only from the district court's order. The particular argument that Duffus sought to make in his motion to amend, which he presses on this appeal, is that his attorney rendered ineffective assistance by failing to move to suppress the nine ounces of cocaine seized when the police arrested him on December 31, 1987.5



II. DISCUSSION



The magistrate judge recommended that the district court deny the motion to amend because he concluded that Duffus's delay in presenting the issues in the amendment was unwarranted. He pointed out that Duffus waited six years before he filed the section 2255 motion and that he had the advantage of the one-year grace period. Moreover, there was nothing in the motion to amend that could not have been included in the original motion. The magistrate judge also noted that the district court indicated that it would allow Duffus additional time, 30 or 60 days, to move to supplement his motion. Yet, Duffus filed the motion to amend well after the court's deadline. Finally, the magistrate judge said that the motion to amend sought to advance issues that had "no merit." The district court entered its order approving and adopting the report and

recommendation and denying the motion to amend without opinion.



The Federal Rules of Civil Procedure apply to motions to amend habeas corpus motions. See Riley v. Taylor, 62 F.3d 86, 89 (3d Cir. 1995). We review a district court order denying a motion to amend for an abuse of discretion. See id. Rule 15(a) provides that a party may amend his pleading

__________________________________________________

5. The amendment raised other issues but Duffus does not advance them on this appeal.



Once as a matter of course at any time before a responsive pleading is filed. In this case, however, the government filed a responsive pleading before Duffus sought to amend his motion and it opposed the amendment. Therefore, in issue here is the portion of Rule 15(a) providing that when amendment as a matter of course is not allowed, "a party may amend the party's pleadings only by leave of court [which] leave shall be freely given when justice so requires."



The Supreme Court has indicated that in the absence of evidence of "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowing the amendment [or] futility of amendment," leave to amend should be freely given. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230 (1962). Furthermore, we have indicated that ordinarily delay alone is not a basis to deny a motion to amend. See, e.g., Riley, 62 F.3d at 91; Cornell & Co., Inc. v. Occupational Safety and Health Review Comm'n, 573 F.2d 820, 823 (3d Cir. 1978). Thus, at first glance it might be thought that Duffus makes a strong showing that the district court abused its discretion in denying leave to amend unless the amendment would have been futile.



There is, however, a special situation here. Under the AEDPA statute of limitations, with its recognized grace period, Duffus had until April 23, 1997, to file his motion because 28 U.S.C. S 2255 provides that motions must be filed within one year from "the date on which the judgment of conviction becomes final." While section 2255 has three additional provisions providing for later dates from which the statute runs, none is implicated here. Thus, in the absence of the one-year grace period, the AEDPA would have barred Duffus's motion when the AEDPA became effective. As we have explain- ed, however, because of the grace period, Duffus's conviction for purposes of the sec- tion 2255 limitations period became final on April 24, 1996. Accordingly, if the district court had granted the motion to amend, filed on October 28, 1997, it would have frus- trated the intent of Congress that claims under 28 U.S.C. S 2255 be advanced within one year after a judgment of conviction becomes final unless any of the other circum- stances in 28 U.S.C. S 2255 are applicable. Therefore, we cannot possibly say that the court abused its discretion when it denied the motion to amend.



We do not go so far as to suggest that the district court could not have permitted any amendment of the motion after April 23, 1997. Certainly the court could have permit- ted an amendment to clarify a claim initially made.6 Here, however, while Duffus as- serted in his initial motion that his attorney had been ineffective, the particular claim with respect to failing to move to suppress evidence was completely new. Thus, the amendment could not be deemed timely under the "relation back" provisions of Fed. R. Civ. P. 15(c). As the Court of Appeals for the Eighth Circuit recently explained in United States v. Craycraft, 167 F.3d 451, 457 (8th Cir. 1999), "If the ineffective conduct alleged by Craycraft in his first petition cannot be said to have arisen out of the same set of facts as his amended claim, his amendment cannot relate back and his claim must be time-barred since it was filed after the statutory period of limitation." We find Craycraft to be a compelling precedent. In these circumstances and considering the April 23, 1997 deadline, the district court was correctly circumspect in considering an application to amend. Indeed, the court was generous, perhaps to a fault, in indica- ting that it would consider a request made by Duffus, within 30 or 60 days after he filed his original motion, to supplement the motion.7



We reiterate that if the court permitted the amendment it would have acted contrary to the policy of the AEDPA, which requires courts to measure the running of the limita- tions periods from the date on which the judgment of conviction becomes final. While the statute will run from

_________________________________________________________________



6. In our discussion we are proceeding on the understanding that none of the statutory bases for extending the statute of limitations beyond one year after the judgment of conviction is applicable here. Obviously we are not concerned here with an amend- ment of a section 2255 motion to advance a claim that is timely under that section.



7. Duffus cannot claim reasonably that the court misled him by indicating that it would entertain a motion to supplement the original motion as the court limited the period to file the motion to 30 or 60 days after Duffus filed his first motion, and Duffus took six months to seek to amend."the date on which the facts supporting the claim or claims presented could have been discovered through the exercises of due diligence" if that date follows the date the judgment of conviction becomes final, Duffus was aware of the facts to support his claim before his conviction became final. In these circumstances, an amendment to introduce the new theory into the case that his trial attorney had been ineffective for failing to move to suppress the cocaine, is simply not acceptable.



In reaching our result we recognize that the law governing habeas corpus motions can be quite technical and that it may be difficult for even an attorney to grasp all of its nuances. Surely, then, a court could not expect a pro se litigant such as Duffus to understand all the aspects of those proceedings. Duffus, however, raised an issue that was not technical and that he identified before his trial even began. Moreover, he does not claim that he thought that his trial attorney in fact moved to suppress. Therefore, Duffus had every reason to include an argument that his attorney had been ineffective by failing to move to suppress evidence in his initial section 2255 motion. Accordingly, the court did not abuse its discretion in denying the motion to amend. See Parker v. Champion, 148 F.3d 1219, 1222 (10th Cir. 1998), cert. denied, 119 S.Ct. 1053 (1999).



We make one final point. We do not suggest that the government would have been prejudiced by Duffus's delay if the court granted his motion to amend. In fact, the magistrate judge recommended rejection on the merits of all of Duffus's contentions in his initial section 2255 motion, and clearly he similarly would have recommended that the court reject the ineffective assistance of counsel argument if Duffus had included it in his initial motion. After all, the magistrate judge said the issues Duffus raised in the proposed amendment had "no merit." Furthermore, we cannot say that the passage of time, either from the conviction date until the time of the initial section 2255 motion, or from the time of that motion until Duffus sought to amend, would have impaired the government's ability to prosecute this case if the district court had ordered a new trial.



We do not predicate our result, however, on a finding of prejudice. Instead, we have reached our conclusion in recognition of the principle that usually statutes of limitations operate without taking prejudice from delay into account. A prisoner should not be able to assert a claim otherwise barred by the statute of limitations merely because he asserted a separate claim within the limitations period.



III. CONCLUSION



For the foregoing reasons we will affirm the order of July 7, 1998.



A True Copy:

Teste:



Clerk of the United States Court of Appeals for the Third Circuit

Mickey Duffus of South Africa Mentioned

extracted from: http://www.suntimes.co.za/1999/09/05/sport/sport07.htm

05 September 1999



National



Big-wave riders paddle for

Dungeons



SURFING: GREG SWART





A SELECTION of South Africa's most accomplished big-wave surfers, including world champions Cassim Collier, Ian Armstrong and Mickey Duffus, will tackle the largest surfable waves Africa has to offer in the inaugural R70 000 Red Bull Big Wave Africa 99 from September 11 to 26.



KwaZulu-Natal surfers John Whittle, Richard Sills and Quiksilver open national champion Jason Ribbink will pose the biggest threat to the Cape Town trio, given their exploits in the cyclone swells which lash the KZN coast.



"I'm looking forward to the event, but I must say the big-wave world champions have an edge, because of their ability to surf in cold water and their local knowledge of the break," said Ribbink.



Whittle is the dark horse since he is a former national team lifesaver who also has provincial colours for surfing and the heart of a lion.



Due to the rare nature of the event, a two-week window period will ensure the event only takes to the water in waves that are 3m or bigger, with organisers hoping to see swells top the 6m mark at the "Dungeons" reef, a shifting break positioned at the foot of the Sentinel Mountain just off Hout Bay. Acknow- ledged as the continent's most brutal big-wave surf spot, Dungeons faces the full brunt of any Atlantic Ocean swell. When sea and wind conditions are favourable, the break produces "glass cliffs of death" that rival any big-wave surf spot in the world, with raw Atlantic swells surging over a submerged reef. Unlike many big-wave spots, where surfers are "towed-in" by jetskis, the Red Bull contestants will have to rely on their own paddle power.



National team members Collier and Armstrong, along with team manager/reserve Mickey Duffus, are the International Surfing Association (ISA) Big Wave World Champions. The trio must be penned in as individual favourites for the inaugural event, having wrested the Big Wave title away from defending team champions Brazil

earlier this year.



David Duffus Holds Town Meeting to

Bridge Racial Divide

By T. Scott Batchelor, The Daily Reflector, Greenville, North Carolina



The second town hall meeting sponsored by Greenville attorney David Duffus didn't draw as many people as the first, but the group did get a name.



Duffus said reports of tornado warnings "may have scared some people off" from Monday's meeting, which was held in the J.H. Rose High School gymnasium and drew 32 people.



The first town hall-style forum orchestrated by Duffus to discuss the future of Greenville's governance packed the Willis Building with what he estimates at more than 200 people.



Duffus represented former Police Chief Charles Hinman in the chief's retirement negotiations with the city.



Four council members — Chuck Autry, Mildred Council, Rose Glover and Arielle Morris openly criticized Hinman's leadership before they voted to accept his retirement.



Council members Blanche Forbes and Inez Fridley defended Hinman and dissented on the retirement vote.



Hinman retired with a salary and benefits package worth more than $183,000.



"I think we ought to have a town hall meeting every month," Duffus said Monday night. "I'd like to have the next meeting in west Greenville. That's my objective."



The first order of Monday's business was to pick a name for the group. Duffus tossed out two suggestions — Greenville Concerned Citizens and Greenville Awareness Committee.



The audience offered no recommendations.



By a show of hands, the group adopted Greenville Concerned Citizens, which will be used to advertise future meetings.



The agenda called for formation of committees to work on various issues facing the city, but Duffus said that would have to be postponed until a later meeting with better attendance.



At the core of the city's problems is a "racial divide" that needs to be addressed, he said.



"I think it's something that's been there for a long, long time," said Duffus.



A feeling of hopelessness and disenfranchisement obtains in crime-ridden west Greenville, which is predominantly black, he said.



Goals articulated by Duffus included the unification of the entire Greenville community and generation of support for west Greenville's needs.



Several audience members addressed the gathering.



Edna English said providing guidance to preschool children is key to saving them from going astray.



There are programs that target adolescent children, "but we're not doing much for those little bitty kids," she said.



Emergency room physician John Meredith said, "It's not a black-white issue. There's one race — that's the human race."



"There's one color that binds us together, and that's the color red," the color of blood, said Meredith.





Suzette Ford-Duffus - Regional Corporate

Event Director for the American Heart

Association



Suzette Ford-Duffus is currently serving as a Regional Corporate Event Director for the American Heart Association Western States Affiliate. She is responsible for train- ing and mentoring 40 American Heart Walk specialists throughout the states of Cali- fornia, Nevada and Utah. She has over eight years special event planning experience. Ford-Duffus has six years experience planning large-scale walk events, three with the March of Dimes and three with the American Heart Association. She has a Bachelor of Arts degree from California State University Fullerton in Communications with an emphasis in Public Relations



Current or Previous Involvement with AHA and the American Heart Walk: Ford- Duffus has been working for the American Heart Association for three years. She has completed three walks raising $237,000 net in 1997, an 11% increase over the pre- vious year, $383,000 net in 1998, a 62% increase over the previous year and $475,000 net in 1999 representing a 22% increase.

Christmas Message from Seth and Pat Duffus

December 2000

Greetings of the season. Again it is our pleasure to wish all our friends a Happy Christmas and New Year. Seems like a short time ago we were all wondering about the events ahead as the calendar introduced us to the next year Fortunately it had no apparent upset in store.

Since we ordinarily stay in and have a gourmet dinner with the Johnston's and the Wismer's, we thought the year 2000 should be a lot different - and it was! We went with them and brought in the year 2000 at a gala party in Oakville The party included dinner and Peter Appleyard's orchestra, Don Herron (Charlie Farquharson) and the MC was Gordie Tapp. Then we dashed back to Florida for the warmer weather.

In March I was ambushed by a small stroke and spent a few days in hospital here (in Florida) recovering The care was great and I seem to have fully erased its effects I'm sure it was as much of a shock to Pat as it was to me

We were delighted to have Cathy, Charles and the grandchildren visit us here before Easter. It is such a joy for them to escape the punishing Thompson winter Even then they go back to another month or so of poor weather Cathy is having fun with her guitar music making solo CD's, doing local gigs etc Charles coaches a soccer team and plays hockey with the local RCMP team Hillary (11) and Chuckie (9) both play soccer and are in 'French Immersion' school system

We really enjoy our place in Grimsby - we can walk to almost everything - we have a fun garden - and it's an oasis of pleasure - right in the center of the Town. My stroke did calm down our summer activities a little but by fall we seem to have things going full throttle again I visited various doctors and had a good report - if anything I was better than before.

In July Pat was shocked and saddened by the sudden death of her kindergarten friend Jean Rodanz - (while they were on the phone talking).

Steven , Teresa, Robyn and Sarah came and visited in July when Robyn was taking figure skating lessons at Barrie. Sister Sarah (7) tries everything that Robyn does and that keeps her really busy. Robyn (13) has a part time job at a pharmacy in Longlac and seems to be doing well. Teresa has been transferred! - to a school 25 miles away in Geraldton - and she dislikes driving on the northern highways especially in winter (so she car pools) A really disruptive maneuver by the school boards.

Then we had Samantha and Elizabeth stay with us for a week during 'Sports Camp' in Grimsby. A great way to spend time with the grandparents and for us to know them better.

Joanne and Peter had a busy time with Joanne working - in addition to her normal job at helping to inform nurses and Practical Nurses in the Hamilton area - re upgrading and work improvement plans Peter. busy with special quality programs around Camco and Tim having a great year as an Air Cadet He was in the Drill Team. riding in a glider, doing survival camp and having a good year. Elizabeth just being a popular 11-year-old girl - busy with her friends

Brian and Debbie are both working hard and the children growing up rapidly - now Jeff is 16 and has his first job - part time at a Goodyear Store - quickly becoming a young man Eric (11) and Sam (10) both play soccer (on the same team) and their team won the league They both ran away with the school track meet and Sam was 2nd in the City event

In September - just before we left - I agreed to take a temporary assign- ment as treasurer at our church and I'm still doing it even though I'm away' And I'm also still doing some work for the old Westinghouse (now CBS) Since they're actively trying to sell the plant - my working days will no doubt end abruptly

We will be at 'home' for Christmas but our mail will be left in Florida We will fly in- stead of drive but it will be a short 2 weeks. We wish each of you a joyful and happy holiday season and all of Gods grace in the next year.

You've certainly had a busy year - what a wonderful Millenium project you've had. Hope good health and good times continue.

Seth & Pat

eamil: gsduffus@relaymail.net (until May 2001)

Christmas Message from Margaret & Neil Duffus

MARGARET & NEIL DUFFUS

183 BEAUCHAMP ROAD MATRAVILE



Telephone 02)96613967

Mobile 0414830742/0415204634

Friday 8 December 2000

A big hello to friends and extended family. This is a brief glimpse of our Year 2000.

January commenced with the family holidaying at Nambucca & Blake spending time at Byron Bay milking cows & being the big city farmer. Ryan adopted a kitten from the banana patch thinking he could keep it while on holidays, but it went back to the farm & Ryan visits Greca when at Nambucca.

February saw the boys return to school - Blake in Year 5 & Ryan in Year 2 & Sarah commenced her education in Kindy. I was fortunate to see the production of "Cats runaway to the circus" at Fox Studio. The final day of February was not so kind for the family as it claimed the life of my brother Geoff a car accident.

Early March was spent in Nambucca arranging Geoffs funeral & attending to assoc- iated matters. I decided to return to playing hockey - after being in recess for 11 sea- sons, & so upon my return to Sydney I commencing training for the winter season. I also had the luck of a secondment to Regional Rehab Coordinator -same pay, no supervisory duties. This was like a time-out.

In April I had the opportunity to go to Melbourne for a 2 day conference - which of course allowed me to catch up with my southern (ex Nambucca) friends. Over Easter I took the kids on several outings; up to Lithgow & spent the day on the Zig-Zag Railway; to the zoo & of course the Easter show.

Over the winter the boys played League.

I was selected to participate in a pilot Management course, the first topic being Conflict Management. Something I regularly come in to contact with as I am one of a very few Accredited Mediators in the Department.

During May, Sarah entered in her very first dancing competition - coming in second. I had a moment of luck in winning $1000 in a competition.

June came & it was nearing time for our departure to Scotland. This had been plan- ned for some 18 months to return to the village of Duffus for a world-wide family re- union. Neil's mum & dad joined us. We then did an extensive coach trip around the U.K. The kids went south to Victoria & stayed with an Aunt of Neil's & our Melbourne friends.

We returned on August 1st, after an unexpected overnight delay in Amsterdam. Sarah participated in her very first dancing exam & did very well.

During late August/early September I did a stint of Olympic Volunteering at the Airport- both domestic & International. Got to meet many athletes & officials. We also went to see events - gymnastics, hockey & athletics. The kids then spent 2 weeks at Nambucca with Sarah spending her first day out at the bananas. Even seeing snakes didn't deter her. Blake also went to the Paralymics & we billeted a school kid from Torquay (Vic) who was part of a school group on a excursion to the Paralympics. We think he was the son of the Paralympic tennis gold winner - David Hall.

October is synonymous with the commencement of the summer sports of cricket, Little athletics & the nippers season. Neil played in the pennant golf competition & I played summer hockey. The boys played summer hockey & enjoyed themselves. I somehow assumed the job of being the Age Manager for the U6 girls for the Surf Club( must have been standing in the wrong spot that day). Mum graduated from University (after 10 years) with her PhD.

November saw Neil venturing off to Goulburn this year to compete in the Corrective Services golf competition. At a school Trivia night we splashed out & purchased an autographed sketch of Michael Klim in the silent auction.

So it is now December - Sarah's had her dancing concert, Neil has had two golf presentations - winning 'B' Grade Championship & two other match play events & Neil & Blake spent last weekend at the Central Coast for an end of year League weekend. The end of year 2000 is nearing us & Xmas is looming upon us much too quickly.

Hope 2000 has been a fulfilling year for you all.

Wishing you all a festive Xmas, a celebratory New Year & a healthy, hearty, happy 2001.

Margaret, Neil, Blake, Ryan, Sarah & Chinook

Christmas Message from Diana Duffus LeBrecht and Jack LeBrecht

Subject: Happy Christmas

Date: Wed, 20 Dec 2000 22:52:07 -0000

From: "Jack Le Brecht" <jack.lebrecht@lineone.net>

To: "davidduffus" <davidduffus@greenvillenc.com>

Dear David,

Very happy Christmas to Diane, Megan and yourself. All the very best of luck for the new year. What a lovely time we all had at Duffus last July. We are spending Christmas with Philip and Beryl in Somerset where we will be joined by Jim and Judy Duffus and their two children on Boxing Day.

Kindest Regards Diana Jack and Henry

James Duffus Information on the Internet

Duffus, James E

Biolcl Sci Collab

Agricultural Research Service

Pacific West Area (Albany, California)

Office of the Director

Consultant/Collaborator Staff





MAILING ADDRESS:



USDA-REE-ARS-PWA-OD-C/C STAFF

800 Buchanan St

Albany, CA 94710-4710



PHONE: (510) 559-6060

FAX: (510) 559-5779

ORG: (510) 559-6060

Email

Subject: Colin McLennan Duffus

Date: Sun, 22 Oct 2000 15:49:54 -0400

From: "Gordon D. Duffus" <gduffus@rcn.com>

To: David Duffus <davidduffus@greenvillenc.com>

David,

Great Sunday News Letter & the web pages continue to amaze! I have re-discovered a fading newspaper page belonging to my Grandfather, Colin McLennan Duffus on which some of his 'exploits' at Ealing Grammer School are listed. Parts are now difficult to read due to the use of the now browning cellophane tape:

Middlesex County Times & Ealing & Horwell (sp) Post (re-print)August 3rd, 1907.

"C. M. Duffus gained the Evelina Prize for juniors at the Ealing Centre of the Cambridge Local Examination in December."

Prize List I Form Subjects:

Arithmatic & Mensuration: C. M. Duffus

Handwriting & Diction: C. M. Duffus

Algebra & Geometry: C. M. Duffus

Phonography: Advanced Class, C. M. Duffus

Book-Keeping: C. M. Duffus

Certificates: Cambridge University: December, 1906:

Junior, C. M. Duffus (third class honors) Distinction in English,

Evelina Prizeman



Sports: "Perhaps the best contested race of the day was the 100 yards

(Upper School). The cup (with medal) was carried off by C. M. Duffus

although he was handicapped by having accomplished the same feat last year".

Half Mile Handicap (form IV) :C. M. Duffus (20 yards start) Half Mile Handicap (Upper School): C. M. Duffus (20 yards start); 100 Yards Handicap

(Upper School): C. M. Duffus (scratch) Tug of War (over 14): Winners,

A Team, C. M. Duffus (Capt.)

Battag (?) Prize: C. M. Duffus, average 24.4. "On summing up the results, it was found that C. M. Duffus won the championship of the school with five wins (fours first & one second).

Dr. Brucesmith remarked that this boy had already distinguished himself by winning the Championship of the school in learning; he was Evelina prizeman among the boys of his year at the Ealing Centre of the Cambridge Local examinations, and he had just been nominated for an appointment in one of our first class banks."

Neat, huh?

Gordon

------------------------------------------

Subject: Family tree - William Clark Duffus of Dundee

Date: Sat, 4 Nov 2000 21:46:10 +1100

From: "Vera Feketey" <vfeketey@hunterlink.net.au>

To: <davidduffus@greenvillenc.com>

Dear Mr Duffus,

My brother John Duffus of Toronto forwarded me the family history of William Clark Duffus of Dundee, from your web page. I supplied some information to my second cousin John Gibson Duffus about two years ago, bringing him up to date with my family tree. However, he has made an error in the date of my marriage to Angus Feketey. This should read married 12th February 1968 in Vancouver Canada, not September as on the web page.

I would be most grateful if you could correct this, for obvious reasons!

Yours sincerely,



Vera Feketey.

------------------------------------------------



The wisest Duffus - Innes with his pet owl!

Subject: Greetings

Date: Mon, 25 Dec 2000 16:48:22 -0000

From: "Innes Duffus" <duffus@clara.co.uk>

To: "David Duffus" <davidduffus@greenvillenc.com>

Diane, David and family

Wishing you all a very Merry Christmas and a Happy and Prosperous New Year.

'Lang may your lum reek wi' other folks coal'

Muriel, Innes, Carol & Lynn

Subject: Reekin' Lums

Date: Tue, 26 Dec 2000 14:17:48 -0000

From: "Innes Duffus" <duffus@clara.co.uk>

To: "David Duffus" <davidduffus@greenvillenc.com>

Goodness, David

And I thought that your Scottish blood would have come to the fore. I obviously didn't teach you properly last summer. Lang may your lum reek. Long may your chimney smoke. The meaning being that may you always have the wherewithal to buy fuel for your fire, for your comfort and cooking. Wi' other folks coal. With coal supplied by other people. The meaning being that may you prosper enough to buy the coal from your wages or income from others. Not as many would suggest with coal purloined from someone else. So again my wish to you all is "Lang may your lum reek wi' other folks coal."

Innes

-----------------------------------------

Subject: Re: seeking genealogy information

Date: Sun, 22 Oct 2000 15:55:14 -0400

From: "Gordon D. Duffus" <gduffus@rcn.com>

To: Pvjwilson <vjwilson@rt66.com>

CC: David Duffus <davidduffus@greenvillenc.com>

Dear Vicki,

I believe that the person you want to 'speak' with is David Duffus who is responsible for the Duffus web pages at: www.duffus.com David is the 'keeper' of the Duffus genealogical records & as such, should be better able to answer your questions in this realm. I am forwarding this e-mail (with your request) to David for his consideration. I have no Seatons (which I know of) in my Family Tree. Good luck.

Gordon

Pvjwilson wrote:

> I came across your Dufuss site accidently when I typed the word Kinminitie

> and did an internet search. According to information I obtained from the

> LDS church records one of my ancestors is James of Kinminitie Sutherland,

> married a Seton which appears from the research on your site to be

> Margaret Seaton, as per your records say that she and James had 1 son and

> 2 daughters. The ancestor of mine appears to be a daughter, listed as

> Margaret Sutherland who married James 11 of Erwin. I feel your information

> provides further genealogy on my line but don't exactly understand who

> James of Kinminitie Sutherland's parents were. I am hoping that you may

> be able to clear up this point. Thank you for any help you may be . Vickie

> Wilson

----------------------------------------

Subject: RE: Your castle photos

Date: Wed, 27 Dec 2000 08:55:25 -0600

From: "Wiggins, Suzan" <Suzan.Wiggins@ATKearney.com>

To: "'davidduffus'" <davidduffus@greenvillenc.com>

CC: "'Barry Wiggins'" <rwiggins@morganlewis.com>

David -

Thanks for the info and the website. I'm forwarding them both to my husband, who I know will find them thrilling!

- Suzan "Wiggins, Suzan" wrote:



I saw your photos on the Dark Isle website. I was just curious as to whether you are an ancestor or your surname is just a coincidence. My husband and I are Scotland addicts, and try to get over there at least twice a year (we live in Washington, D.C.). We've been to Duffus (it was winter, and was VERY cold). I noticed that the walls on one side were very drastically leaning, like they had sunk into the ground (they probably had). I know that happens somewhat with other old buildings, but we'd never seen it to that extent. Wonder why they didn't point that out in the description.



Anyway, I just wanted to tell you that your photos are beautiful and they've made me homesick to go back.

> > Regards,

> >

> > Suzan Wiggins

> >

> > Suzan P. Wiggins

> > Coordinator - Production Services

> > A.T. Kearney - Alexandria office

> > 703-739-4793

> -----Original Message-----

> From: davidduffus [mailto:davidduffus@greenvillenc.com]

> Sent: Friday, December 22, 2000 3:29 PM

> To: Wiggins, Suzan; Gordon Duffus

> Subject: Re: Your castle photos

>

>

> Thanks Suzan,



My name goes back over 1000 years. We can trace ourselves back to Duffus village which adjoined Duffus Castle. The original structure was timber built around 1150. However, prior to that time the name existed probably as a place description. There was a King Duffus who lived in 966. Duffus is the Gaelic equivalent of "blackwater" in English. Maybe, at the time King Duffus was known as King of Blackwater. He was murdered near Forres in 966. Based upon our collective history, King Duffus came first, then Duffus Castle in the 1100's (so named by the progenitors of the Sutherland family) and then Duffus parish.



The timberwork castle in 1150, as well as the stone castle rebuilt on the same site in the 1300's, was surrounded by the Loch of Spynie on three sides. Either about that same time, or much earlier, the Loch divided the land area where Lossiemouth, Hopeman, Burghead and Kinloss are situated from the mainland, i.e. Elgin, Spynie and Forres. However, Hopeman and Burghead didn't exist at that time. Essentially, what you had was an island with Burghead being a Pictish port, formally Roman until the 300's with earthwork or timber fortifications lacing the loch side of the island. This island area of Morayshire was a popular area of the Pictish race since it provided fertile land for farming, a somewhat stable climate and lookout for invading armies from the north (sea area) and from the south (land area south of Loch Spynie) - Elgin etc. Neolitic remains have been found in the area evidencing a presence from 2000 B.C.



For more photos, please access the Duffus web site at "www.duffus.com".

Merry Christmas!



David Duffus

>

----------------------------------------------

Subject: print order

Date: Tue, 2 Jan 2001 13:02:22 +0100

From: "kenneth c wrede" <carl.wrede@pasanet.es>

To: "David Duffus" <davidduffus@greenvillenc.com>

dear david

please send one (1) print of panoramic at castle

charge my amex - but how do you get the number w/ reasonable security?

taking this opportunity to thank you for the great work in organizing meeting

regards carl

-----------------------------------------------

Subject: Re: stuff

Date: Thu, 21 Dec 2000 04:11:01 -0500

From: "Gordon D. Duffus" <gduffus@rcn.com>

Here's an article (& attachment) which I've just sent to The Dunrobin Piper..... newsletter for the Clan Sutherland Society of North America, Inc. (for the uninitiated). A good story, badly written.



Gordon

DO SEPTS (& BLONDES) HAVE MORE FUN?

(Stupid title, but I liked it!)



Here is a follow-up on our Summer 2000 Duffus Family Gathering in Scotland. NO.... don't run & hide! This might prove to be interesting.

It could happen to you.

Here's what transpired: As rabid-readers of "The Piper", you are aware that the Duffus Family (Sept of Clan Sutherland) had it's first ever International Gathering in and around Duffus Castle (called 'a ruin' by our Society genea- logist, Jock) last summer. One of the highlights of the week-long gathering was a ceildh at the Duffus Village Hall. During the festivities, I saw a young lad who, to my eyes, looked alot like my youngest son, Iain. I had the two boys pose together for a photo & then learned that they were: # 1, both named Iain Duffus and, #2, they both lived in Chester (one in England, the other in Virginia!).

Coincidence? Sure, it was. No Rod Serling Twilight Zone things happening here! But a neat coincidence. I checked on the Duffus Family web pages (www.duffus.com) to see if the Iain's might have a common genealogical link. Unfortunately there was no way of knowing for sure. The Chester England Iain's 'tree' doesn't go back far enough to form any connection but......... there is the resemblance. Wish that I could report with certainty that they were long-lost cousins, as they probably are. The Parish/ Barony of Duffus wasn't that large a place and as there are only about 1,500 of us in the world today named Duffus ( a 'Locality' name ), the probabilities of us all being re- lated at some point in history are better than good. Then there is that uncanny resem- blance between Kenneth Sutherland, 3rd Lord of Duffus & my grandfather & father. The old Sutherland Lords of Duffus didn't have 'unprotected' sex with the local serving wenches, did they?

Gordon D. Duffus

Clan Sutherland Society North America Historian

Subject: Re: stuff

Date: Thu, 21 Dec 2000 23:59:58 -0500

From: ronald sutherland <akasuds@paonline.com>

To: "Gordon D. Duffus" <gduffus@rcn.com>,

Gordy... When the old Sutherland Lords of Duffus were having sex of any kind with whomever, I can assure you that it was "unprotected," unless they used a condoms fashioned out of sheep's gut... Ron

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>Subject: Genealogy

Date: Tue, 9 Jan 2001 13:33:49 -0800 (PST)

From: Brian Forcum <forcumba@yahoo.com>

To: davidduffus@greenvillenc.com



Dear Mr. Duffus,



I am writing to tell you that I came across your webpage & I am very impressed by it. It is amazingly thorough and enlightening!



Anyway, I would like to help you with any information that you would need regarding the Forcum's in the sixth generation of the webpage:

http://www.duffus.com/ James1tree.htm



53. Bruce Alan Forcum 8/7/44 married Leslie GeneNeilson and they had two children:



1. Brian Alan Forcum b. June 7th 1975

2. Gregory Neilson Forcum b. February 23rd 1977



If you would like, I could do some more research and help you with Richard Forcum's (my uncle's) family as well.



Let me know if you would like any more assistance, and thank you for the insight on my family history!

Brian Forcum



---------------------------------------------

Subject: Clan Duffus

Date: Wed, 10 Jan 2001 09:32:28 -0800

From: "Bruce A. Forcum" <bforcum@sprynet.com>

To: <davidduffus@greenvillenc.com>

CC: "Brian A Forcum" <brian.a.forcum@accenture.com>,

"Dick Forcum" <dforcum@forcumspeck.com>,

"Gregory N Forcum" <gforcum@juno.com>

My son made me aware of your website yesterday and I am very impressed. Under the family tree of James Duffus of Brigton (www.duffus.com/ James1tree.htm). I was able to find my father, Paul Forcum, listed along with his siblings as members of the 5th generation. I am 6th gen- eration (entry 53) and found both of my sons listed. I would like to provide the birth date of Gregory Neilson Forcum which is 2/23/77 and correct the spelling for my son Brian Alan Forcum as well as provide his birthdate which is 6/7/75.

The entry above mine (number 52) is my brother whose full name is Richard Eugene Forcum. He married Susan Meyer and their son is Geoffrey Eugene Forcum who was born on May 30, 1971.

If you send periodic emails to Duffus descendants please add me to your list bforcum@sprynet.com and well as my sons forcumba@yahoo.com and gforcum@juno.com and my brother dforcum@forcumspeck.com.

I saw with interest that a golf tournament was held last year in Scotland. Since I am an avid golfer and have a dream of playing in Scotland I would be interested in any information in that regard. Thanks for a job well done.

Bruce A. Forcum

bforcum@sprynet.com

Arnold/Forcum and Associates

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Portland, Oregon 97221

503-203-1911

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