Document text
February 16, 23, 1939
Joseph Eliot Webb Mite)
101i E. Clayton 3t.
Athens, Georgia
Attorney at Law
3adie B. Hornsby
MR. D,00.LILE
JALE3 EARL DOOLLTLE, Attorney at taw, caught my eye as I
was walking down the main thoroughfare of our city. I decided
to get a story from this promising young lawyer.
After climbing tne long flight of steps I found ills name
on tne door of his office. I knowked, very promptly .I was invited
into nis office. He smiled when I told him my misslon, saying:
"Yow I really don't have anything very interesting to tell. I am
sure an older person would have a more interesting life history ',hen
mine. l'Alt I don't mind telling youA o the experiences I have had
_
that might be of some interest to people who don't know about law."
There are several desKin his office, littered with papers,
at one of tne deskSsat a man typing away at a rapid ate, apparent-
ly not consicious of my presence. Jookcases filled witn well-chosen
lawObooks lined the wall, and a coal neater was going full blast.
"Well, I suppose you would like for me to begin when I was
born? I was born July 4, 1907 in a small town in Middle Georgia.
Both of my parents are living, and are still living in tne town in
which I was born. 1y ftner has nis own business. A modern machine
shop, when he first opened up nis business it was known as a black-
smitn's Shop.
"My sister and I finished high scnool, but my parents -Iliad to
sacrifice to send us to college. My mother doing her bit by selling
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milk, butter and eggs. I attended Mercer University for a year
and stopped to teach school. After a year of this being principal
in a small country school. I again went to college, this time to
the University of Georgia in this city. My sister went to college
at Bessie Tift. After sne left school there, she, went in training
to be a nurse at 3t. Joseph Infirmary in Atlanta. 3he worked in
that city, in the town we were reared inland was nursing in Gaines-
ville during that terrible storm, and continued to work there a
while afterwards. Than whe went to Washington; D. C. to take a
special course in nursing. Now she is working in a:hospital in
Lynchburg, Virginia.
"Before I finished high school, I nad determined to be a
lawyer, althoUgh I did not have tne slignest conception of what a
lawyer was. My only acquaintance with attorneys was confined to
the several ones in the town in which I lived as a cnild. However,
I believe that tne following incident decided me on the career I
was eventually to choose.
"When I was in high scnool I saw an advertisement for some
books, stating among otner tnings that tney could be ordered on,
trial, and, if the purchaser was not satisfied after inspection,
they could be returned witnin ten days. After they came, I found
that I was not interested im them and returned tnem. 3hortly
after this I -had a letter from the seller stating that r had made
a binding contract with their company, and threatening suit -un-
less I kept them. At first I did not know what to do, and ha&
mental visions of being sued. I was so frightened tnpt I did not
show the letter to my fatner or mother. Fortunately when it came
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had
I me i the postman, and they did not know that I/receiVed it.
After worrying about tne matter for several days I chanced to see
mr. 3impson an attorney who had often visited in our home. .I told
him about my trouble. He laugned and told me not worry any more
fol., I was a minor and could not be sued, and just not to answer
the letter. However, when I told him that I was afraid that the
concern would write me again and my pyrents would find it out. He
agreed to write them for me. I suppose tnat he did, for I never
heard any more from them.
-"This incident cemented my determination to b9come a lawyer,
so when I attended the University of Georgia, I enrolled in the
Lumpkin Law 3chool. Fortunately, I had a good teacner there and
especially one, an old gentleman, who I will call Dr. Myers. He
was very peculiar, but managed to instill in the minds of his first
year pupils the principie,of law. This he did by s/arcm,
incessant reading of cases, and by pure luck in the case of some
of us. He was very fond of telling some unfortunate pupil who had
forgotten to study his lesson that in his (the professor's) opinion
the student would make a'better farmer than a lawyer. Although this
professor was not popular with the students of his class while they
were in school, -yet all of those to whom I have talked since they
finished and began practicing, now admit tnat they learned more
law in his class than in any other.
"Finally, in July of 1929, I received my Bachelor of Laws:
degre4m—fte4—was shortly afterward admitted to practice before
the courts of my State.
"I determined to start "practicing lavd4in the city wnere I
finished college, although there were some, thirty* or forty lawyers
practicing tnere wnen I finished. I therefore rented an office,
bougnt furniture, supplies and books, and put out my shingle.
"Unfortunat6ly, I entered into partnership with another
young man who was a resident of this city, and whom I had known
around town when I went to school. Naturally I thought he too
nad been admitted to tne bar to practice in the State, so we
printed station,kry and begun business. At first we handled
Only collection matters, small claims upon which we usually
received fifty per cent of the amount that we collected. We
were doing fairly well and was making enough to pay expenses
of our office. iowever, we had not been in partnership long
when someone informed me that my partner did not have a license
to practice law. Naturally, I did not believe anytning of the
sort, but asked Aim about it anyway. Finally he told me that
he lid not, but that lie was going to stand tne State Bar exami-
nation again shortly and was sure tnat ne would pass. However,
this occurence led to other misunderstandings and we shortly
desolved our partnership.
"Now, I was on my own and really began practicing in
earnest. I had to learn step by step and by experience. I
had only been practicing a short time, several months, when I
got my first big case. The man and woman with whom I was
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boarding had a disagreement wnich finally led to divorce pro-
ceedings. 7ie determined to contest her application for alimony
and also was determined to gain control and possession of his
two children. Since ne and I were close friends ne employed me
in the case. I was young and over confident and would not
associate an older lawyer with me, when the case first started
altnougn the wife nad employed two of tne best lawyers in the
city. We had nearing ,fr.-ter hearing and trial after trial.
Finally after mantas of litigation the judge awarded one child to
the wife and one to the husband, so altogether I covld not say
I won my first case of importance. I did not lose it either.
"After ten years of practice, I do not feel that I have
accomplished very much. At least I have survived, and have now
built up a sufficient practice to support myself and family. I
married in 1929, soft after I begun practicing law and now have
three caildren, two girls and a boy.
"Practice in a small town is not confined to any particular
bond of law. Small town lawyers do not have either tae money or
the opportunity to specialize in any one particular branch of the
law. Criminal and Civil practice has been inpriminately mixed
with my practice.
"34mmoned by small county courts. I try, criminal cases,
suits for land, divorce cases and all kinds of collections worka
uaually when the city and county courts concerns several lawyers
having business tnere IrtI7 go together. The legal profession
in small southern cities is a free and congenial body, fraterniz-
ing together, as is not, the case in larger cities and other
sections of tile country. Then too, orocedure and practice in the
average country courts is informal, free and easy. Of course tnere
are exceptions, but very few. During cnamber nearings, wnich are
usually held in the Judge's office (3uperior Courts) on 3aturday in
eabn week, all tne lawyers and parties are allowed i.o smoke, cnew
tobacco and very few rules of procedure are enforced.
"The greatest trouble that lswyers in small.courts have to
contend with is getting their cases to trial. Usually, if one or
the other 31de does not want a case tried, it goes on :from term to
term and from year to year until it wears out partieS die',
get together, ortis finally sMissed for want of prosecution.
The main cause for this is the fact that attorneys in small
places have to depend upon the good will of 'fellow attorneys and
of the judge in order to make a brotherhood, and they do not care,
except in exceptional and rare cases,: to incur the displeasure.
of their associates by insisting upon a trial in the face of a
motion for continuance from the other side. Of course as procedure
is being constantly simplified and "stream -lined" this objection
is being overcome by these reforms.
"I joined church quite young, and I couldn't be anything
else but a Baptist, as all of my people are of that denomination.
I have an uncle who is pastor of one of the largest Baptist churches
in South Oarolins. Before I finished high school and left home I
belonged to all the organizations that the boys attended at my
church, and taught a Sundayschool class. Mother thought I could
sing 30 I took voice, and sang in the choir every Sunday. I did
this to please my mother. I served as deaoon in my church in this
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city and taught a class too. However, I don't go to church as I
should now, as I am subject to call at anytime and I feel it's
my duty to serve my clients whenever they call on me."
Mr. Doolittle is such a busy man it was necessary to make a
second and third visit before I could finish this story. One even-
ing I called at his home, to finish the narrative. Mrs. Doolittle
met me at the door and invited me in. "Won't you sit down. I am
awfully sorry my husband isn't intone of his clients came by for
him just a few minutes ago. There is no telling when he will be
back. A lawyer's Wife is like a doctor's, then they lee home
there is no need of -looking for,them until you see,tineW'Mra.
Doollttle is a charming personl,stout and has a pleasing personality.
a a obo-stOy;-,five7rpop_ frame.
house painted brown and'-trimme'din white. Alpena, ivy and a climb-
-A-
ing rose bushmakes Up,the shrulry,in the yard.
My last trip to his office I"found„-hini-ye,ry busy tnere were
at least ten -waiting in line to see him; 30 I took a7ghair and
waited with the others. At last my turn came. "Well," he said,
"Where shall we begin? I told him I would like for him to tell
me some of his experiences during the time he has been practicing.
"Oh, just to tell you the truth, I have been so busy to dky I am
afraid I can't collect my thoughts .on anytning,thAt would be in-
terestIngAust.now,.P I assured nim-whatever-he told mewOurd! be-
sufilcient. He, continued:- ."Well inatilet me think a -few minutes
TakeL.this.pne._ aliqe strangest murder cRse Lever engaged in or -de-
fended occured in 1933. I was employed to defend a middle agekNegro
man who was indied by the Grand Jury for the murder of a younger
Negro. The murder took place at a iegro "hot supper" all were
drinking, engaged in a free for all fight and during the meal the
younger .7egro was stabbed in tne heart with an ice pick.
"My client went on trial nis defence being that although he
was present, that he did nbt commit tae crime. Without going into
all tie facts and circumstantal evidence adduced at the trial, he
was convicted and sentenced to the elebtric chair. r immediately
appealed for a new trial, went to the supreme court where the
judgement of tne lower court was affirmed. Then I appealed
to the Governor af-the State for executive.'clemency„and the -ease
was set down before him far a hearing.
"On the_morning that I.was to appear in Atlanta, I came to
my office unusually early so as to have time to drink a cup of
coffee and read the morning paper. When I opened the paper the
first thing tnat met my eyes was a news item stating that a man
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by tne same name as my client was to be electryduted tnat morning
at tile State Farm. I grabbed the telephone and tried to get the
Governor. Not being able to reach him I called his secretary and
in a disjointed manner, for I was nighly excited, tried to tell his
secretary wnat had happened. Imagine my relief when laughed and
said, *That reporter in getting facts for a news article on executive
matLers. Not knowing that nis case nad been set before .the Governor
t
and his Executivesautomatpcally_sta ed until it could be heard.'
"So I went to Atlanta, I believe tx0set the Governor felt
sorry for me since I had all ready been scared out of my wits, so
4fter he had heard the recommendation of my client's chpacter and
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read the evidence adduced at tne first trial, he commuted the
sentence from death to life imprisonment. 3o my client was sent to
tne penitentiary for life.- He 300M became a trusty and was allowed
full pritlilees of tne camp.
"His Wife after two or three years began asking me to apply
for his pardon. I told tier tnat I tnought it was a little too
early.
"Finally after nearly five years had passed I did apply for
a xsztrinkluffornxickg pardon in 1938.
"Just before i could get a hearing before tne Crime commission
I received word tnat my client nad been killed. Altyeli I investigated.
another prisoner, a trusty, had stabbed hiniffith an ice pick\ inN,
the neartl
"You know tnere are two things a Negro will do tnat is steal
and lie. Well, one day two peg leg Negroes from Atlanta came nere
in an old ranKfikled eirerro4e4 truck to collect scrap(on. They
the
case. When I reached the scene I found they had nalf of the truck
filled witn iron and tne other half was bottles of all sorets and
dAcription. When tne next term of City Court came)a man was put
on the stand who was president and general manager of a plant here
who ruma uses milk bottles.
'Then he was put on the stand, he was asked: 'Are these
bottles yours? 'Yes, he quickly answered.' 'Well, how do you know
they are?' 'There is nothing to show they are yours.' Just the
same he answered I know they are mine.' 'Very welt, you sell milk
don't you?' 'I do,' You get 130 =Mt per quart for your milk,
were inded for stealing. One of the bailiffs called me on
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isn't that true?' 'es, tnat is right.' 'Well now do you get them
back?' IIADick them up when the milk is delivered next day.' 'Very
'When anyone goes by your place to buy a quart of milk what
do you sell it for?' 'Thirteen cents for the milk and 5d deposit
on the bottle.' 'That makes 18d for it, Aloes it not? 'That's right.'
'Well do you insist upon the person buying the milk returning the
bottle?' 'No, it don't make any difference to me what they do with
as I have the money for the bottle.' 'Well than you don't
have case against these ilegroes. Unless they went to your place
(4)
and deliber,ktely took them without your knowledgej Tne case never
went to the jury. That man won't speak to me today if he can get
out of it. I lost about thirty dollars on that ease, they paid me
part of their bill and gave me a mortage on their truck. When I
cnecked up dn tnem in Atlanta I could find no trace of them, even
at tne State Capitol.
"All lawyers nave trouble collecting their money. Sometimes
you get it in such small amounts you don't realize when the bill is
paid in full.
"Once a woman came to me for a divorce. asked her where
her husband was she said,out of the State0 she was a middle ag
woman. I got the divorce for her. About a year later she came
back to me and said, 'Mr. Doolittle I want another divorce.'
'Another divorce I answered who did you marry this time?' 'Your
first_huaband,- 4T-daid.1 'Yes, my first husband.' After I was
sep ated from him I married again, than I Aivoroed himaind married
1
my first husband. Now I want a divorc,o-from him so\ -f chn marrY. my
second husband again.' 1My heavens can't you makeyp your mind which
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one you want to live with?' 'Yes, sir, I mean to marry my second
husband again and live witn nim tne rest of my days. They married
and left tne 3tate, and I lost track of her. I understand she liv ed
with nim until ner death. That
four times and just married two
did not get her first divorce.
was a case where the woman married
men. Each one twice. However, I
That took place before I began to
practice 17, but i did 'et tnree divorces for her.
"I do4't know whetner you want me to tell you about a rape
case I had oi7 not. It was ridiculous, telling this brings out the
highlights in the experiences of us lawyers. A boys father employed
me to represerrt his son. Tne boy was accused of raping a woman
much older, wno lived in another county. When the case came up
estimonyiwas posildve. Stating he went to her home while her
husband was away and assulted her. They were of low charactl
Ny client dida't have any witnesses, of course. Her statement sounded
logical, so I decided to let her come off. the stand and do the best
I could for the boy. I had seen her around the court house several
days. I asked her how tney got down here, she told me she nad to
pay someone a dollar a day to bring her. 'Do you realize what it
is costing the State to nay the witnesses and and jury?' 'Yes, sir.'
'So you and y ur husband will get 830.00 out of this suit for hanig- e
ing ax13=47-seveh4ay-440' 31-41tV1:4ia aned yes, to 30
many questions she, said yes to that one. I put my plea before the
jury. The judge was mad as fire about it. But that cleared the
boy. The jury w34t ot4 about five minutesi their verdict was not
guilty. Of course it wasn't as easy as it is pictured, and it was
proven sine was mad with the boy for something else. And not what
se had sworn out a warrant for.
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"Now, I believe cF have told you about all I know that perhaps
are of very much interest. I have had these *things happen time and
time over. To tell you about other things would only be telling
sinAar cases over.
"One other incident my be of interest. A very young woman
and her Ilxsband came to me to file divorce papers. It was posted
and tne case was to come u D in the next term of court. ihe sued
him ftir alimony, which he agreed to pay. ihe went her way and he
his. Just a few days before court was to convene he went for her.
They patcaed up taeir misunderstanding and went bac4 together and
the divorce procreedings were with drawn. Now they are a happy
eomple. This was a case among many where young people marrying
before definitely making up their minds as to how it would work
nut out. Now, this is all I have time to tell you to day and per-
haps you will find it of sufficient interest to use. witert--i-litrre—to-143.--
elv." At this time four men entered his office, I left Ititudicompt
they were busy engaged in earnest conversation.
While me W83 talkiag to me I glanced about the roor, whicn
contains a two piece livingroom suit upholstered in gr e, a mahogany
occasional cnAir done in blue, with a rocker ,to tch. Over a console
table hangs a mirmor, a'pretty pottery vase on the table as fine
witn training ivy. A.white lamp, kanka'and books filled tne long
libv.ry table (mahogany). Two vases that had tne appearance of luscious
A
bundhes of purple grapes. .Ttle moutn of tne vases are tae strem and
.a.vine'formes a nandle on one 'side of tne vase, green leaves mage up the
decorations on the vaseS, these resposfA on A-acinlet desk-. There-
pre several pieces of pottery on tne mantel. Ha,ing over the desk
and radio are squares of tap%14t/ry about Gignteen inches square.
There are two nandpainted pictures, also several pl'aquea arranged on
tne wall. A wnat-Aotl/was filled with doo-d4;9. New curtains at
the windows. An old fashioned low slit bottom chair sat in the corner
by the fireplace, a magazine stand filled with mpgazines and several
scatter rugs places over tne hardwood floor.
WIctia One of the cnildren in tile next room called her. "Do lets
go into tne diningroom? We sit in there and it is warmer." I followed
her into the room where the three children were playing. She picked up
tne baby to quiet her. In tnis room was a manogany dinnet suit. A
wicker sunroom suit a large comfortable cnalr fresh criss-cross cur-
tains at tne window. A bab43 nigh chair) a rug on the floor.
Tnere are several pieces of china, and old fashion shaving set mug,
pitcner and °rush_ holder. Vases and several otner pieces of china on
the plate rac around tile wall. There are a few pictures flanging on
tne wall. There was a clock and a vase on each end of tne mantel.
The baby wanted -garter, she asked me to excuse her while she went into
the kitcnen for it. I i,old ner I would like a drink too and insisted
on her letting me go witn ner to get it. Into tne kitchen was a wood
range, kitchen cabinet, a table on which sat a dishpan full of dishes
that was evident tney nad just finished their evening meal.
"You know we don't own this house. We nave only been.living
here a short while." Do you mind showing me through the house
I asked? "Not, at all, I would like for you to see, it." She said,
"Come this way." We went back to the diningroom into a narrow
hall there was a warderobe trunk and a cedar chest in it. She
opened a door. "This is tile sleeping porch, I cant wait until
summer 30 we can sleep out here. Now, this is our bed room."
There was a gray bedoo uit, of wood. An iron bed and the babies
bed. "Now thijs-ls tile batnroom I am crazy abott the shower.
pr4 ers taking a shower instead of the tub, but I can't give the
children cold showers in winter. There was a clothes b4ketomi
towers and bath mat. This is the other bed room I have given this
room to my oldest daughter, she is ten years old.# This room contains
a walnut suit, cedar che3t chair and several other things.a little
girl of tnat age enjoys having in her own bedroom.