USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume I > Part 41
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One cold morning, during the Spring Term of Hancock Court, he seemed to be quite husky in his voice and laboring under a cold, when a member of the bar inquired of him after his health. He replied that he had a severe attack of the quinsy,-for, as cold as the wind blew, there was a man who came and stood all the morning at the court-house door with only his morning-gown on and without any cravat; that the sight of the man had affected his throat so much it was quite sore, and that he should have to resort to his hoarhound before night if it did not get better.
The ruling passion is strong even in death. When confined to his bed for the last time, a friend called to inquire of his condition. He replied that he had a bad cold without any cough to suit it,-that his cold never hurt him when his cough suited it.
He was a man of the warmest charity. He observed on one touching occasion, when a poor beggar asked him for alms, that he was carly taught. from refusing to give to an unfortunate widow in Savannah, never to let the devil cheat him out of another opportunity of bestowing charity ; that he had determined to err on the safe side ever after, and to give some- thing in all cases of doubt.
I am now reminded of one more anecdote which is very characteristic Vol. 1 .- 22
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of the man. A certain lawyer in Lincoln county was a candidate before the people for a seat in the Legislature. When asked by the judge as to his prospects in the coming election, he replied that he was apprehensive he should be defeated, as the people in that county had a strong prejudice against voting for a lawyer. "Oh," replied the judge, "if that is all, I will aid you, for you can get a certificate from me at any time that you are no lawyer."
This singular and gifted man will long be remembered as one of the ablest of Georgia's sons,-one whose talents always gave him a place among the first jurists of the State,-one whose genius shone in the zenith of his fame with a dazzling light.
In a second letter, the same obliging correspondent says :-
There is one more peculiarity in the character of Judge Dooly which I think, upon reflection, I ought to have said something about, which is the wonderful quickness of apprehension he possessed. No man with whom I was ever acquainted had this trait in so eminent a degree. His mind was clear as light and quick as thought. He scemed never to be at a loss for a correct understanding of the case tried before him, no matter how complicated. He readily unravelled it, exposed all. thie fallacy and sophistry which counsel might throw around it, and presented its true merits to the jury. His memory was very tenacious. He seems never to have forgotten any case he read or any decision which he had heard made while a practising attorney at the bar. His recollection of the names of parties and witnesses was no less remarkable. He seemed to fall in love, almost intuitively, with system and order in speaking on any subject. His method was clear, natural, and happy. He used but few words, and those always to the point.
He said he could not help it, he ever felt a pleasure in the company of some men, a disgust for the physiognomy and society of others; that some folks had honest faces, in which even a child might confide, while others had a pickpocket countenance, which put every man, woman, and child on their guard.
His insight into men was very remarkable. He seemed, as if by a glance, to know readily who would make a good foreman of the grand jury or a good bailiff.
He was always a friend to the young members of the bar, and would willingly throw his shield around them when overpowered by an older and merciless practitioner. Hence he was not so much beloved by the older as younger members of the legal profession.
His sagacity as a lawyer showed itself on one occasion, I was told, most happily, when it was attempted, in the county of Columbia, to palm off upon his client a forged deed to a tract of land, which had been dated back to be older than the one on which he relied. But, in the anxiety to ante-date it far back, his adversary in the suit had gone behind the time when the county was formed, and thus the deed proved itself manifestly a forgery.
It is said that his power of ridicule often subjected him to the ire of his adversary; yet he usually found a way of escape, when called to account, by cracking some pleasant joke with his enraged foe.
His versatility of character was great. On one occasion, he entered into the room where a faro-bank was in operation, while he was judge, and insisted on putting an end to the demoralizing practice by winning all
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their money, and thus bankrupting the table,-declaring it as his opinion that law was a dead letter, compared to one severe beating, with a gam- bler; that when you won his last dollar, then he was the fit subject of punishment ; that while the gambler had money, he was sorry to find, he always had friends and countenance. He said it was laying the axe at the root of the tree, to break them up at a fair game.
At Hancock Superior Court, the judge had to impose a fine on two men brought before him for a riot. He called for some paper from Philip Sims, the clerk, who was known to be a rigid economist, -so much so that he rarely handed over more paper than was barely sufficient to write what was required. When, after much ado, Sims handed up a small, dirty piece of paper, the judge turned the scrap over and over; then of a sudden he threw it down contemptuously on the bald pate of the clerk, saying, "I would not fine a dog on such a piece of paper as that. Go, gentlemen, and sin no more; or I will see to it the next time that you are fined upon gilt-edged paper."
At Taliaferro Court, (Crawfordville, ) one dark, gloomy night,-when the judge had retired to rest in a room below the one in which most of the lawyers attendant upon the court were lodging, the gentlemen above were telling anecdotes and making quite an uproar with their loud laughter, the scraping of their feet, and the rattling of chairs, much to the judge's annoyance,-suddenly a dreadful rencontre seemed to be going on in the judge's chamber : chairs and sticks and blows were distinctly heard. Immediately all the members of the bar rushed into his room below to see what it meant,-when, to the mortification and surprise of every one, the judge was beating one chair with another all over the floor, apparently in a furious passion. To the question, What was the matter? he replied, "Nothing : I am only keeping time with the noise up-stairs."
Once, at Hancock, lic was much enraged at the disorderly conduct of two members of the bar. Hle remarked, sternly, that they must take their seats, when one of them, sitting down quick, was making an effort to rise again for the purpose of apologizing, and, being about half-way up when the judge discovered him, " Mr. G.," said he; "rise, if you dare, and you are fined a hundred dollars;" whereupon Mr. G., being half bent, made an effort to speak, when he replied, " Just speak a word, and you are fined a hundred more." So, Mr. G. being confounded and confused, half rising and half speaking, made such a grotesque appearance as to excite the universal laughter of all present; when the judge, collecting himself and cooling down, mildly remarked, "Mr. G. has the floor, and is in order. You can now both rise and speak till you are satisfied, provided you do so one at a time."
The judge had a happy way of having a favorite horse he drove, taken care of. Whenever he drove up to an hotel, he would ask if he and his horse could find quarters. If the answer was favorable, he would then apologize for his horse, by informing the landlord that he had not long since purchased him of a Frenchman; that he had not yet learned to speak English; that he had to speak for him; that he was desirous he should be put in charge of a faithful hostler, who would feed, water, and curry him three times a day and furnish him a nice pallet of clean straw every night.
An old personal friend* of the author, of another profession, has kindly responded to a call, as follows :-
* Dr. John G. Slappey.
لقد د.كاميد
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The most remarkable character I ever saw was Col. John M. Dooly; for my knowledge of him was acquired before he went on the bench. He was of middle size, well proportioned, and, when standing, and sober, his appearance was handsome. I hardly ever saw him still: he was always moving. ITis temperament was sanguine and lively, his com- plexion florid, and his features regular, with sparkling eyes. He was extremely volatile and social in his disposition, and was much admired for his constant flow of good-humor and pleasantry. He was truly a wit, and a great droll. At the bar, and elsewhere, he feared nothing. He mani- festly had nothing of that fawning, whining, sycophantic mixture in his composition which too many are tinctured with at the present day.
As an advocate, he was bold, independent, and at times apparently reckless. When wanted in court, on the call of the docket, he was not always at his post, but often had to be hunted up and brought in by his client in a state of inebriation. Boy as I was, I never saw bim before aristocratic and frowning Judge Early, but the conduct of Col. Dooly re- minded we of a passage, "What is man, that I should be mindful of him, or the fear of man, that I should regard him?" . He possessed a most active mind, foreible and penetrating, and was energetic in thought, vivid and cogent in delivery. When excited by his cause, he was not always tipsy, and seldom fell short of his aim or carrying his point. He applied caustic and sarcasm with more effect than any person I ever saw; and, when stimulated and goaded to it by the strength of his adversary, he was acrimonious and blistering in a rare degree.
Col. Dooly was as simple and unostentatious in his manners and habits as a little child. He was above the aristocratic nonsense of the times in which he lived. He was quick and brilliant in repartee, and, when pro- voked, would give a loose rein to his thoughts and feelings in a strain of satire for which he had no rival; and woe to that man who opposed him ! it was scalding, blasting,-annihilation itself. And yet this same giant was without guile in his heart or selfishness in his nature. Such was the public and social character of John M. Dooly.
I cannot dismiss this prodigy of a man without alluding to a court- scene in which I was one of the principal actors,-a defendant on the criminal side of the court! The grand jury had prosecuted several young men-mostly medical students-for disturbing a grave. The conduct of the accused parties was not inconsistent with the usual respect due to families. The body selected had come to a violent death, and was such, in public estimation, as might be used for the advancement of science. Notwithstanding, the trespassers were arraigned. I was horror-stricken and terrified for years afterward; and, even at this moment while I write, I can call up, and in part realize, the excitement, the same tingling sen- sations, run through my nervous system, as my old heart palpitates at the recital.
Col. Dooly was my counsel. I looked to him for deliverance in my ex- tremity. The case was called. My champion was in the back room of a store, most particularly unfit to appear in behalf of a young man whose character and prospects in life depended on the skill of his advocate. [ roused him, and pressed him into court. He looked at the indictment,- said a word or two which I did not fully understand, from an excess of aların,-and the next moment I was told to go about my business, as the court had no further use for me. My heart swells with gratitude, and my
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eyes grow dim with tears, when I think of John M. Dooly, as he stood by me on that occasion. Honor to his memory !"
Soon after announcing his intention to prepare this work, the author requested Gov. Gilmer to furnish him such recollections as his long service in public affairs and his experience at the bar might enable him to impart, relative to deceased members of the profession. Gov. Gilmer kindly wrote a letter, under date of September 4, 1851, in which he communicated some interesting facts, but, much to the regret of the author, concluded with this injunction :-
I would not publish what I have written; I do not expect you to do so. It may, however, aid you in what you may write.
As a rule of acknowledged propriety, this puts the seal on the information afforded; yet the author takes the responsibility of selecting certain passages, and throws himself upon the kindness of his honored correspondent for so doing. They are too good to perish under lock and key. He expects his readers to stand by him for the discourtesy. Governor Gilmer says :-
I have a great liking for biography. I feel an interest in the success of your undertaking, and would aid in its success but for my health. My health has always been so bad, my practice of the law so limited, and my life so domestic, that I doubt whether I can add any thing of value to what you will find in my Essay .*
I fear that you will find it impossible to obtain the necessary materials for doing what you propose. You will see what I say in my Essay of my success in collecting information from and about old times, men, and former events in Georgia.
If the sayings and doings of Judge Dooly, and the events of his life, could be known, they would furnish more interesting matter for biography than Lord Campbell has given in any one of the lives of the Chancellors of England. But there is no hope of this. There is not a lawyer of his day living except General - -. He will not communicate what he knows. He so stated to me in answer to a letter I addressed him, asking him to give me an account of the lawyers of the early times in Georgia.
Though identified with Wilkes county as Judge Dooly was, my friends had little or no intercourse with him. The habits and opinions of the old Georgia settlers from North Carolina were so different from those of the Virginians who followed them, to whom I belonged, that there was scarcely any intercourse between them. I have no recollection of having >In Judge Dooly until I was grown. I never met with him in private society. I never dined with him but at a tavern, except in my own hotte.
* The Literary Progress of Georgia: an Address delivered in the College VInigel at Athens, before the Society of Alumni, and at their request, on Thursday. Vient 7. 1551, being the Semi-Centennial Anniversary of Franklin College. By tis nur R. GILMER.
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I never knew Judge Gresham except very slightly, until after he was on the bench. He was a kind, social man. He had talents, but they had been trifled with instead of improved. He probably was without the necessary firmness and industry to have made him a permanently useful public man. I recollect being at Wilkes court whilst he was on the bench. Edmund Bacon was there, and told stories and played antics so much to the amusement of Judge Gresham that his nerves gave way from the agitation of laughter, so that he had to adjourn the court without completing its business.
Mr. Prince and Judge Clayton were the wits of the bar in my time. But my taste is so little inclined to humor that I retain but slight recol- lection of what was considered by many as their good things. Mr. Prince wrote "Captain Clodpole, or the Oglethorpe Muster," which was repub- lished throughout the United States and in some parts of Europe.
In the social intercourse of the bar during a court-week in Oglethorpe, soon after the publication of Scott's Marmion, Mr. Prince and Judge Clayton expressed the opinion that the poetry was only doggerel, which anybody could write. To prove the truth of their opinion, Mr. Prince immediately wrote some rhymes on Col. Johnson, a kinsman of mine, and Judge Clayton added notes. * * *
Captain Hillhouse published the poem and the notes in a paper which he edited in Columbia, South Carolina.
At a large dinner-party in Lexington, at which Mr. Prince and Judge Clayton were present, Judge Clayton told one of his stories which he thought very good. Nobody laughed. Whilst Judge Clayton was look- ing somewhat disappointed, Mr. Prince broke out into the most uproarious laughter. Everybody's eyes turned upon him with astonishment. When asked what tickled him so, he answered that he was laughing to keep Judge Clayton in countenance on account of the failure of the story. Then indeed laughter was irresistible.
Whilst Judge Clayton was yet young at the bar, he was appointed attorney for Franklin College. A difficult law-case came up for trial, in which the college was a party. Judge Clayton tried to continue the case, alleging that he did not understand its merits. Whilst he was urging his motion, a large uncouth lawyer by the name of Carter, who had been raised in Franklin county and was then practising somewhere in the piney-woods, came into court. He was a stranger to everybody but Judge Clayton. IIe was standing within the bar, and replied to Judge Clayton's argument by stating that it was the first time that he had ever heard ignorance pleaded in bar of going on with the trial of a case. Judge Clayton immediately replied that, if such a plea was allowed in the courts where he (Carter) practised, he might put off forever the cases in which he was attorney. It was a sight to see Carter dodge the blow, . rush from the court-house, order his horse and ride off!
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Mr. Cobb was a man of genius and industry. Ile was a well-read lawyer, and had a very extensive and profitable practice. His fees had accumulated for him an estate of eighty thousand dollars when he died. He was young when first elected to Congress, and was elected Judge of the Superior Court soon after his service in Congress terminated. He was a very handsome man, having a well-proportioned person and regular
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yet striking features. His voice was clear, strong, and well modulated. He was social, conversable, and had a love for music, and played admirably on the violin. ITis extraordinary self-possession and uniform confidence were always strikingly exhibited. He inherited an excellent constitution, which he greatly abused. His grandfather was a hale man at one hundred years old, married a young wife afterward, and died at one hundred and eleven,-some say one hundred and twenty. Mr. Cobb died of an exhausted constitution when young in years. Had his early training been judicious and controlling, he would have been one of the great men of Georgia.
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The author has heard a few things outside of his correspondence, which he gives for what they are worth.
Judge Dooly and the late Major Freeman Walker disagreed at a public table, when the latter observed that he had borne with the liberties taken by Judge Dooly long enough, and that, as the attack on his feelings was public, so should be his redress. He thereupon caught up a chair and advanced on Judge Dooly, who seized a large carving-knife for his defence. Several gentlemen sprang to keep the judge from stabbing his assailant, and only one gen- tleman held back Major Walker. Looking calmly at the scene, Judge Dooly said, "Gentlemen, one of you will be sufficient to prevent me from doing mischief: the rest of you had better hold Major Walker." Of course the affair ended in an explosion of merriment, and friendly relations were soon restored.
At the close of a court, having settled his tavern-bill and ordered his horse, the judge came from his room with a very small pillow under his arm, a miniature likeness of a more satisfactory article on which to repose the weary head after the toils of the court during the day. Some person inquired of him what he was going to do with the pillow. "I am going to plant it in some rich soil, that it may grow larger by next court," was the reply of the witty experimenter.
A very good hit was made by the judge at McComb's Hotel, soon after the election of Mr. Adams to the Presidency in 1825. It is said that a young gentleman was complaining very much that the country was disgraced by the election of Mr. Adams ; that a man of Mr. Crawford's merit, the wisest and soundest statesman of the age, should be passed over ; that even General Jackson, with his faults, was far preferable to the successful candidate. In fact, it was his deliberate opinion that ruin and dishonor would result to the country from the administration of Mr. Adams. All this time Judge Dooly was sitting before the fire, with his head drooped on the back of his chair, attentively listening. Then, raising his head and looking the grumbler in the face, he said, " Young man, does
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Mr. Adams know that you are opposed to him ?" "No, sir: I wish he did know how little I thought of him." With that twinkle of the eye and cutting tone of the voice usual in his sarcastic moods, the judge administered this consolation :- " Suppose I write on to let Mr. Adams know that you are dissatisfied with his election ? perhaps he will resign." In a moment afterward the youthful politician glided into the street, not waiting to join in the roar of laughter which followed at his expense from the large number of persons present.
What has been already submitted from sources entitled to the highest credit will sufficiently illustrate the character of Judge Dooly, without any comments by the author. That he was one of nature's rare productions all must be convinced who read his his- tory. That he had defects which, no doubt, obscured his public usefulness, all must regret. It only remains to add that, on the 26th day of May, 1827, he breathed his last, committing his soul to God and his memory to man.
In his published work ("Georgians," p. 210) Gov. Gilmer thus speaks of Judge Dooly :-
His capacity was sufficient for any attainment if it had been properly directed and actively employed. Unfortunately for himself and for so- ciety, he was, when young, under the influence of idle, drunken, gambling associates. Though his estate was large, his education was neglected. His scholastic knowledge was limited to what he learned from the com- mon school-masters of his time. His person was ercet, and of proper pro- portions. His features were of the finest cast. His large, protruding black eyes indicated to any one who looked into them his extraordinary genius. He was a lawyer, and would have been the most successful at the Georgia bar if his habits had corresponded with his talents. He was born, continued to live, and died, within the limits of Lincoln county. Its people were always gratified when they could make him their repre- sentative. IIe was a member of the Legislature during the embargo and restrictive measures of the General Government and the war with Great Britain, and successfully advocated the alleviating, thirding, and stop laws then passed. His wit, keen satire, quick perception, and extraordinary speaking-capacity were never surpassed by any one in Georgia. Mr. Forsyth was his only countryman who equalled him in polemic party de- bate. They were never pitted against each other so that their debating- powers could be compared.
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XIV.
PETER EARLY.
No list of great names in Georgia would be complete without including that now under consideration. Much has been written of Judge Early, and all parties have united in awarding him the loftiest meed of praise. Without referring to any publication for his materials, the author is persuaded that the sketch he submits will be faithful, as it is drawn from sources of known authenticity. Soon after deciding to prepare this work, he requested a gentle- man* of ripe qualifications, who was well acquainted with Judge Early and practised law in his courts, to furnish an outline of his character and public career. That request has been promptly complied with, as follows :-
PETER EARLY was born in June, 1773, in Madison county, Virginia, and migrated with his father, Joel Early, and family, about the year 1795, to the county of Greene, State of Georgia. After the usual pre- paration, he entered Nassau Hall, at Princeton, New Jersey, and in due time received its academic honors as a regular graduate. From this in- stitution he passed, after a short respite from study, into the office of Mr. Ingersoll, an eminent counsellor of the Philadelphia bar, where he had the benefit of a protracted apprenticeship as a student of law. With the advantages of such a course of study, it cannot be matter of wonder that Mr. Early's first appearance in the courts of Georgia should have made a most favorable impression. Ilis voice and elocution were admirable; and his manners, at once dignified and gentle, secured the esteem and favor not less of the multitude than of his associates in the practice.
Though he entered on his professional carcer with bright prospects, in the pursuit of fame and fortune he had to encounter competitors who put his confessedly great resources to frequent and severe trials. Among these were Carnes, Dooly, Griffin, and William II. Crawford, of the Western, and Robert Watkins, George Walker, and John E. Anderson. of the Middle circuit. None of these gentlemen, indeed, had received a collegiate education, nor had they enjoyed the benefits of a systematic study of the law; but most of them were his seniors in the practice,-all. perhaps, except Mr. Crawford; and the three last mentioned eminently distinguished by genius and a high order of eloquence.
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