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MR. DOOLITTLE
(Georgia)
JAMES EARL DOOLITTLE, Attorney at Law,
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 the long flight of steps I found his name on the door of
his office. I knocked, very promptly I was invited into his office. He
smiled when I told him my mission, saying: "Now I really don't have
anything very interesting to tell. I am sure an older person would have a
more interesting life history than mine. But I don't mind telling you a
few of the experiences I have had that might be of some interest to people
who don't know about law."
There are several desks in his office, littered with papers, at one of the
desks sat a man typing away at a rapid rate, apparently not conscious of
my presence. Bookcases filled with well-chosen law books lined the wall,
and a coal heater 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 the town in which I was born. My
father has his own business. A modern machine shop, when he first opened
up his business it was known as a blacksmith's shop.
"My sister and I finished high school, but my parents had to sacrifice to
send us to college. My mother doing her bit by selling 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 she left school there, she
went in training to be a nurse at St. Joseph Infirmary in Atlanta. She
worked in that city, in the town we were reared in, and was nursing in
Gainesville during that terrible storm, and continued to work there a
while afterwards. Than she 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 had determined to be a lawyer, although
I did not have the slighest 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 child. However, I believe that the following
incident decided me on the career I was eventually to choose.
"When I was in high school I saw an advertisement for some books, stating
among other things that they could be ordered on trial, and, if the
purchaser was not satisfied after inspection, they could be returned
within ten days. After they came, I found that I was not interested in
them and returned them. Shortly after this I had a letter from the seller
stating that I had made a binding contract with their company, and
threatening suit unless I kept them. At first I did not know what to do,
and had mental visions of being sued. I was so frightened that I did not
show the letter to my father or mother. Fortunately when it came I met the
postman, and they did not know that I had received it. After worrying
about the matter for several days I chanced to see Mr. Simpson an attorney
who had often visited in our home. I told him about my trouble. He laughed
and told me not worry any more for 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 parents would find it
out. He agreed to write them for me. I suppose that he did, for I never
heard any more from them.
"This incident cemented my determination to become a lawyer, so when I
attended the University of Georgia, I enrolled in the Lumpkin Law School.
Fortunately, I had a good teacher 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 principle of law. This
he did by sarcasm, cajolery, and 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 that they learned more law
in his class than in any other.
"Finally, in July of 1929, I received my Bachelor of Laws degree and was
shortly afterward admitted to practice before the courts of my State.
"I determined to start practicing law in the city where I finished
college, although there were some thirty or forty lawyers practicing there
when I finished. I therefore rented an office, bought furniture, supplies
and books, and put out my shingle.
"Unfortunately, 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 had been admitted to the bar to
practice in the State, so we printed stationery 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.
However, 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 anything of the sort, but asked him about it anyway. Finally he
told me that he did not, but that he was going to stand the State Bar
examination again shortly and was sure that he 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 boarding had a disagreement which finally led to divorce
proceedings. He determined to contest her application for alimony and also
was determined to gain control and possession of his two children. Since
he and I were close friends he 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 although the wife had employed two of the best lawyers
in the city. We had hearing after hearing and trial after trial. Finally
after months of litigation the judge awarded one child to the wife and one
to the husband, so altogether I could 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, soon after I
begun practicing law and now have three children, 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 the money or the opportunity to
specialize in any one particular branch of the law. Criminal and Civil
practice has been indiscriminately mixed with my practice.
"Summoned by small county courts. I try, criminal cases, suits for land,
divorce cases and all kinds of collections work. Usually when the city and
county courts concerns several lawyers having business there they go
together. The legal profession in small southern cities is a free and
congenial body, fraternizing together, as is not, the case in larger
cities and other sections of the country. Then too, procedure and practice
in the average country courts is informal, free and easy. Of course there
are exceptions, but very few. During chamber hearings, which are usually
held in the Judge's office (Superior Courts) on Saturday in each week, all
the lawyers and parties are allowed to smoke, chew tobacco and very few
rules of procedure are enforced.
"The greatest trouble that lawyers in
small courts have to contend with is getting their cases to trial.
Usually, if one or the other side 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, or a case is finally dismissed 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 Carolina. 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 so I took voice, and sang in the choir every
Sunday. I did this to please my mother. I served as deacon in my church in
this 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 evening 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
in, one 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 leave home, there is no need of looking for them until you see them."
Mrs. Doolittle is a charming person, stout and has a pleasing personality.
Their home is nicely furnished, it is a one-story five-room frame house
painted brown and trimmed in white. Abelia, ivy and a climbing rose bush
makes up the shrubbery in the yard.
While she was talking to me I glanced about the room, which contains a two
piece livingroom suit upholstered in green, a mahogany occasional chair
done in blue, with a rocker to match. Over a console table hangs a mirror,
a pretty pottery vase on the table was filled with training ivy. A white
lamp, and books filled the long library table (mahogany). Two vases that
had the appearance of luscious bunches of purple grapes. The mouth of the
vases are the stem and a vine formes a handle on one side of the vase.
Green leaves make up the decorations on the vases, these respose on a
spinet desk. There are several pieces of pottery on the mantel. Hanging
over the desk and radio are squares of tapestry about eighteen inches
square. There are two handpainted pictures, also several plaques arranged
on the wall. A what-not was filled with doo-dads. New curtains at the
windows. An old fashioned low split bottom chair sat in the corner by the
fireplace, a magazine stand filled with magazines and several scatter rugs
places over the hardwood floor.
One of the children in the next room called her. "Do lets go into the
diningroom? We sit in there and it is warmer." I followed her into the
room where the three children were playing. She picked up the baby to
quiet her. In this room was a mahogany dinnet suit. A wicker sunroom suit
a large comfortable chair, fresh criss-cross curtains at the window. A
baby's high chair, a linoleum rug on the floor. There are several pieces
of china, and old fashion shaving set -- mug, pitcher and brush holder.
Vases and several other pieces of china on the plate rack around the wall.
There are a few pictures hanging on the wall. There was a clock and a vase
on each end of the mantel. The baby wanted water, she asked me to excuse
her while she went into the kitchen for it. I told her I would like a
drink too and insisted on her letting me go with her to get it. Into the
kitchen was a wood range, kitchen cabinet, a table on which sat a dishpan
full of dishes that was evident they had just finished their evening meal.
"You know we don't own this house. We have 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 wardrobe trunk and a cedar
chest in it. She opened a door. "This is the sleeping porch, I cant wait
until summer so we can sleep out here. Now, this is our bed room." There
was a gray bedroom suit, of wood. An iron bed and the babies bed. "Now
this is the bathroom I am crazy about the shower. My husband prefers
taking a shower instead of the tub, but I can't give the children cold
showers in winter. There was a clothes basket, towels 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 chest, chair and
several other things. A little girl of that age enjoys having in her own
bedroom.
My last trip to his office I found him very busy there were at least ten
waiting in line to see him. So I took a chair 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 day I am afraid I can't collect my thoughts on anything that would be
interesting just now." I assured him whatever he told me would be
sufficient. He, continued: "Well let me think a few minutes. Take this
one. The strangest murder case I ever engaged in or defended occured in
1933. I was employed to defend a middle aged Negro man who was indicted by
the Grand Jury for the murder of a younger Negro. The murder took place at
a Negro "hot supper" -- all were drinking, engaged in a free for all fight
and during the meal the younger Negro was stabbed in the heart with an ice
pick.
"My client went on trial his defence being that although he was present,
that he did not commit the crime. Without going into all the facts and
circumstantial evidence adduced at the trial, he was convicted and
sentenced to the electric chair. I immediately appealed for a new trial,
went to the supreme court where the judgement of the lower court was
affirmed. Then I appealed to the Governor of the State for executive
clemency, and the case was set down before him for a hearing.
"On the morning that I was to appear to 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 to paper the first thing that met my eyes was
a news item stating that a man by the same name as my client was to be
electrocuted that morning at the 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 highly excited, tried to
tell his secretary what had happened. Imagine my relief when he laughed
and said, "That reporter in getting facts for a news article on executive
matters. Not knowing that his case had been set before the Governor and
his Executives automatically stayed until it could be heard.'
"So I went to Atlanta, I believe the Governor felt sorry for me since I
had all ready been scared out of my wits, so after he had heard the
recommendation of my client's character and read the evidence adduced at
the first trial, he commuted the sentence from death to life imprisonment.
So my client was sent to the penitentiary for life. He soom became a
trusty and was allowed full privileges of the camp.
"His wife after two or three years began asking me to apply for his
pardon. I told her that I thought it was little too early.
"Finally after nearly five years had passed I did apply for a pardon in
1938.
"Just before I could get a hearing before the Crime commission I received
word that my client had been killed. I investigated. Another prisoner, a
trusty, had stabbed him in the heart with an ice pick!
"You know there are two things a Negro will do; that is steal and lie.
Well, one day two peg leg Negroes from Atlanta came here in an old
ramshackled truck to collect scrap iron. They were indicted for stealing.
One of the bailiffs called me on the case. When I reached the scene I
found they had half of the truck filled with iron and the other half was
bottles of all sorts and description. When the next term of City Court
came, a man was put on the stand who was president and general manager of
a plant here who uses milk bottles.
"When 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 well, you sell milk don't you?' 'I do,' 'You get 13¢ per
quart for your milk, isn't that true?' 'Yes, that is right.' 'Well how do
you get them back?' 'I pick them up when the milk is delivered next day.'
'Very well.' 'When anyone goes by your place to buy a quart of milk what
do you sell it for?' 'Thirteen cents for the milk and 5¢ deposit on the
bottle.' 'That makes 18¢ for it, does 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 the do with it, as I have the money
for the bottle.' 'Well than you don't have a case against these Negroes.
Unless they went to your place and deliberately took them without your
knowledge.' The 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 case,
they paid me part of their bill and gave me a mortage on their truck. When
I checked up on them in Atlanta I could find no trace of them, even at the
State Capitol.
"All lawyers have 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. 'I asked her where her husband was
she said, 'Out of the State.' She was a middle aged 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 husband, 'I said.' 'Yes, my first husband.
After I was separated from him I married again, than I divorced him and
married my first husband. Now I want a divorce from his so I can marry my
second husband again.' 'My heavens can't you make up your mind which one
you want to live with?' 'Yes, sir, I mean to marry my second husband again
and live with him the rest of my days. They married and left the State,
and I lost track of her. I understand she lived with him until her death.
That was a case where the woman married four times and just married two
men. Each one twice. However, I did not get her first divorce. That took
place before I began to practice law, but I did get three divorces for
her.
"I don't know whether you want me to tell you about a rape case I had or
not. It was ridiculous, telling this brings out the highlights in the
experience of us lawyers. A boys father employed me to represent his son.
The boy was accused of raping a woman much older, who lived in another
county. When the case came up her testimony was positive. Stating he went
to her home while her husband was away and assulted her. They were of low
character. My client didn'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 they got down here, she told me she had to pay
someone a dollar a day to bring her. 'Do you realize what it is costing
the State to pay the witnesses and and jury?' 'Yes, sir.' 'So you and your
husband will get $30.00 out of this suit for hanging around several days?'
'Yes, sir.' 'So your swore out a warrant against his boy to get the
money?' She had answered yes, to so 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 was out only about five minutes; their
verdict was 'not guilty.' Of course it wasn't as easy as it is pictured,
and it was proven she was mad with the boy for something else. And not
what she had sworn out a warrant for.
"Now, I believe I 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 similar cases over.
"One other incident my be of interest. A very young woman and her husband
came to me to file divorce papers. It was posted and the case was to come
up in the next term of court. She sued him for alimony, which he agreed to
pay. She went her way and he his. Just a few days before court was to
convene he went for her. They patched up their misunderstanding and went
back together and the divorce procreedings were with drawn. Now they are a
happy couple. This was a case among many where young people marrying
before definitely making up their minds as to how it would work out. Now,
this is all I have time to tell you to day and perhaps you will find it of
sufficient interest to use." At this time four men entered his office,
when I left they were busily engaged in earnest conversation.
February 16, 23, 1939
Joseph Eliot Webb (White)
101 1/2 E. Clayton St.
Athens, Georgia
Attorney at Law
Sadie B. Hornsby
Text from: Library of
Congress, Manuscript Division, WPA Federal Writers' Project Collection
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