Clarke County GaArchives History - Books .....Legal Profession Of Athens 1923 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher http://www.genrecords.net/emailregistry/vols/00001.html#0000031 April 2, 2005, 12:32 am Book Title: History Of Athens And Clarke County Legal Profession of Athens By FRANK A. HOLDEN CLARKE County was cut off from Jackson and organized under an act of the General Assembly of 1801. Watkinsville, then a thriving little town, located among the hills and surrounded by fertile fields, became the county site. This town was noted for the culture, refinement and unbounded hospitality of its citizens. The principal hostelry was the "Eagle Hotel" with the main portion of the building constructed of huge logs covered with weatherboarding. This old inn is still standing adjoining the public square, and is in a good state of preservation. The-post office of the town was located in the front room of the hotel next to the spacious "public room" as it was then called; and one considered himself fortunate because he got two deliveries of mail a week. This was in the halycon days of long ago before the advent of railroads in the country and before the fast speeding automobile was dreamed of; the usual mode of travel and the transportation of the mail was by the stagecoach, which came from the direction of Madison, Ga., and when a point on the road about half a mile from town, known as Harden's hill, was reached, the loud blasts of the driver's horn could be heard for miles around. This was the signal for the men to gather at the hotel, get their mail and see the new arrivals by stage. Watkinsville was incorporated under an act of the Legislature nearly a century and a quarter ago. and it may be of some interest and perhaps amusement to call attention to the contrast between the demand for revenue by municipal governments of that day and that by the present day municipalities The only tax authorized by the act of incorporation referred to was a per capita tax to be levied for the sole purpose of keeping up the springs of the town, from which the public got their water. On December 5, 1801, the first Superior Court that ever convened in Clarke County met at the home of Isaac Hill on what is now known as the Athens road, by way of Simonton's Bridge. The property was afterwards known as the Wilson place. Judge Thomas Peter Games presided over the court and John M. Dooly was solicitor general: Absalom Rainey was foreman of the grand jury, Bedford Brown was clerk and Abner Bakston was the sheriff. Among the lawyers who resided in the town while it was the county site of Clarke were Charles Dougherty, Robert Dougherty, Walton Harris. Sidney Payne, Courtney Payne, Arriosto Appling, Green B. Haygood (the father of Bishop Atticus G. Haygood), ____ Gresham and John C. Barton. In those days it was the custom for lawyers to have their offices at their homes and the small one room wooden structures used as law offices by Charles and Robert Dougherty stood in the corner of the front yard of their respective homes until torn down within the last few years. Others who were either engaged in the practice of law or connected with its administration were Asa M. Jackson, ordinary of the county; John Calvin Johnson, clerk of the Superior Court; N. C. Barnett, secretary of state; and Bob Ligon, who removed to Alabama where his son became governor of that state. The following are some of the lawyers who have practiced law in Athens and Clarke County: CHARLES DOUGHERTY, about ten years before the War between the States, was Judge of the Superior Court for the-Western Circuit. WILLIAM L. MITCHELL, a graduate of the University of Georgia in the class of 1825, practiced law in Athens, and was head of the Lumpkin Law School, which was founded by Chief Justice Joseph Henry Lumpkin. HOWELL COBB and his brother, THOMAS R. R. COBB, also practiced law there before the War between the States. Thomas R. R. Cobb was horn in Jefferson County, Georgia, April 10,1823. He began the practice of law in Athens in 1842, the year after he graduated from the University of Georgia. He was reporter of the Supreme Court from 1849 to 1857 and one of the Commissioners who prepared the Code of Georgia in 1860. He was author of a valuable law book known a? Cobb's Digest. He was appointed Brigadier-General in the Confederate Army in November, 1862. and, was killed a month later at the Battle of Fredericksburg. Howell Cobb was Secretary of War under President Buchannan and was Major-General in the Confederate Army. He was Governor of Georgia when the states seceded. WILLIAM HOOPER CARR, an Athens attorney, moved to Augusta and was attorney for the Georgia Railroad. WILLIAM G. DELONEY and SAMUEL P. THURMOND practiced law in Athens before the War between the States and during this war Thurmond was solicitor general of this circuit. He died in 1887. According to Livingston's Law Register Guide the following attorneys were practicing law in Athens in the year 1854: John Billups, Thomas Camak, Thomas R. R. Cobb, Charles Dougherty, L. Franklin, Jeptha V. Harris, Y. L. G. Harris, Hopkins Holsey, Henry Hull, Jr., William H. Hull, Joseph H. Lumpkin, William L. Mitchell, Cincinnatus Peoples, Stephens Thomas. BENJAMIN H. HILL, who resided in Athens and practiced law here, was born in Jasper County, Georgia, September 14, 1823, and died in Atlanta, Ga., August 16, 1882. He entered the University of Georgia in the Sophomore class in 1841. He was elected to the Legislature in 1851. He was a member of the Secession Convention in 1861. Mr. Hill was elected to Congress in 1875 to fill a vacancy and before the expiration of his term was elected to the United States Senate where he served until his death. ASA M. JACKSON was the first ordinary of Clarke County and held this office for forty-five years. THOMAS F. CRIMES moved here from Franklin County in 1878 and practiced law in Athens until his death in 1883. PEYTON G. THOMPSON moved to Athens from Alabama and after practicing here for some timed moved to Jackson County. EDWARD P. LUMPKIN was a law partner for a while of his brother-in-law, Thomas E. E. Cibb. Mr. Lumpkin practiced law here until his death in 1872. ALEXANDER S. ERWIN moved to Athens from Habersham County about 1868. He was a captain in the Confederate Army. He was appointed by Governor Colquitt to fill out the unexpired term of Judge of the Superior Court upon the death of Judge George D. Rice in December, 1878, and later was elected by the Legislature for a full term of four years. ALBERT L. MITCHELL commenced the practice of law in Athens just after the War between the States, and was later solicitor general of the Western Circuit. LAMAR and HOWELL COBB were members of the firm of Cobb and Cobb. Howell Cobb was the Judge of the City Court of Athens for many years and was judge of this court when he died. POPE BARROW moved here in 1875. His brother, DAVID C. BARROW practiced law with him in the seventies. Mr. Pope Barrow later moved to Savannah and became Judge of the Superior Court in Savannah. He practiced law with Hon. George Dudley Thomas for thirteen years. ALEXANDER R. JONES was a lawyer in Athens for a few years and was junior member of the firm of Asa M. Jackson and Jones. He moved to Thomasville, Ga., and now resides in New York. He is doing law work for publishers. JUDGE RICHARD B. RUSSELL commenced the practice of law in Athens in 1882 and is now Chief Justice of the Supreme Court of Georgia. He was a member of the Legislature, Solicitor General, Judge of the Superior Court and Chief Judge of the Court of Appeals. E. T. BROWN, now residing in Washington, D. C., was solicitor general of the Western Circuit. GEORGE DUDLEY THOMAS was born in Athens, Ga., April 10, 1857, and died January 5, 1895. He graduated from University of Georgia in 1876, with B.S. degree and 1878 with B. L. degree. Mr. Thomas was elected in 1880 Professor of Law at the University Law School and resigned in 1893 on account of his health. He declined all offers of office, preferring to practice his profession. He was division counsel for the Richmond and Danville Railroad (now Southern Railroad) and reperesented many other corporations. JOSEPH HENRY LUMPKIN was horn in Oglethorpe County, December 23, 1799, and died at his home in Athens, June 4, 1867. He graduated from Princeton College in 1819, read law under Thomas W. Cobb and was admitted to the bar at Lexington, Ga., in 1820. He served in the Legislature in 1824 and 1825. In 1845, when the Supreme Court was established, Judge Lumpkin was chosen as one of the three judges of this court. He was elected the first Chief Justice of the Supreme Court, which position he held until his death. In 1833 he was one of the three commissioners to frame the State Penal Code. JUDGE JOSEPH HENRY LUMPKIN, grandson of Judge J. H. Lumpkin, first Chief Justice of the Supreme Court of Georgia, was born in Athens. He graduated at the University of Georgia with high honors in the class of 1875 and was admitted to the bar in 1876. In 1877 he was appointed assistant reporter of the Supreme Court, and in 1882 was appointed reporter of this court, resigning April 30, 1888 to resume the active practice of law. He was appointed Judge of the Superior Court of the Atlanta Circuit, in 1893 to fill a vacancy and in 1896 he was chosen for the full term of four years. In April, 1905, he was appointed Associate Justice of the Supreme Court, which position he held until his death, September 6, 1916. SAMUEL J. TRIBBLE was born in Carnesville, Ga., Nov. 15, 1869. Mr. Tribble was admitted to the bar in 1891 and began the practice of his profession in Athens. • lie served five years as solicitor of the City Court and in 1904 was elected solicitor general of the Western Circuit. Later he represented the Eighth District in Congress and was holding this office when he died in 1916. ALEXANDER S. ERWIN, JR., practiced law with his father until the time of his death in 1899. He was born in Athens, January 5, 1875. He graduated at University of Georgia in law in 1893. JOHN LAMAR ERWIN was born August 23, 1879. He graduated at University of Georgia in 1899 with A.B. degree and in 1900 with B.L. degree. He died in 1903. JUDGE EMORY SPEER was born at Culloden, Monroe County, Ga., September 3, 1848. He was admitted to the bar shortly after his graduation from-the University of Georgia in 1869. In 1878 he was elected to represent the Eighth District in Congress. He was re-elected to Congress in 1880. In February, 1885, he was appointed United States District Judge for the Southern District of Georgia by President Arthur which position he held until his death in 1920. Athens and Clarke County has given to the state and nation many lawyers and judges of much learning and ability, but only a brief reference to some of them can be made because of the limited space allowed this article. For the same reason no reference is made to the attorneys who now reside in Athens, a list of whom is as follows: Arnold James W.; Barrow, David C.; Bell, Austin; Booth, Jno. L.; Bradwell, J. D.; Brand, Chas. H.; Brown, R. A.; Brown, Joe A.; Cobb, Carlisle; Cobb, A. J.; Cobb, Howell; Coile, A. Broadus; Cornett, W. G.; Crossley, Carl J.; Davis, Dorsey T.; Davis, Young; Dekle, Seth; Erwin, Howell C.; Erwin, W. L.; Elliott, J. D.; Fortson, Blanton; Gamble, Jno. B.; Green, Thos. F.; Holden, Horace M.; Holden, F. A.; Hunnicutt, Dupree; Joel, J. B.; Levie, A. T.; Lump-kin, E. K.; Lumpkin, E. K., Jr.; Lumpkin, Gerdine; Lumpkin, J. H.; McCurry, Julian B.; McWhorter, M. P.; McWhorter, Hamilton; McWhorter, Robert ;Mahaffey, Emory Claude; Morris, Sylvanus; Morris; John; Mell, T. S.; Mell, John D.; Meadow, W. K.; Michael, Max; Nix, H. A.; Padgett, Chas. L.; Price, E. S.; Rucker, Lamar C.; Rucker, T. W.; Rylee, H. M.; Shackelford, F. C.; Shackelford, T. J.; Smith, P. J.; Smith, W. M.; Strickland, John J.; Thomas, Geo. C.; Thomas, W. M.; Tolnas, 0. J.; Tuck, H. C.; Upson, F. L.; Upson, Stephen C.; West, Henry S.; West, Henry H.; Wright, Tate. File at: http://files.usgwarchives.net/ga/clarke/history/1923/historyo/legalpro582gms.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 12.5 Kb