Dodge County GaArchives History .....Bench and Bar Names 
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BENCH AND BAR OF DODGE COUNTY.

  To WRITE THE HISTORY of the Bench and Bar of Dodge County is to write of the 
men who are and who have been prominent in all that looked to the upbuilding of 
the county.

  But before going into the history of our own Bench we will travel back in 
time one hundred and thirteen years to the time when its parent, the Southern 
Judicial Circuit of Georgia, was created. On December the 19th, 1818, an Act 
was passed creating the Southern Judicial Circuit.

  It included that large territory in southern and southwest Georgia then 
recently acquired from the Creek Indians and laid off into the counties of 
Appling, Irwin and Early—a territory greater in size than the state of 
Massachusetts.

  The circuit embraced also, to the north, five older counties: Laurens and 
Montgomery on the Oconee River, and Telfair, Pulaski and Twiggs on the 
Ocmulgee, whose combined area exceeded that of Delaware.

  In shape the original Southern Circuit may be likened to a vast rectangular 
edifice seventy miles high, whose foundation, supporting Appling on the east, 
Early on the west, and Irwin in the middle, was the Florida boundary from the 
Chattahoochee to the St. Marys River, and crowned by a cupola built of the five 
river counties, which equalled in height the supporting structure and towered 
upward into the very center of the State.

  It may be observed in passing that notwithstanding the tremendous growth of 
population and resources within the structure beneath, it was from that lofty 
almost central eminence that chimed for many a year the pealing note of 
authority, and during the entire period when elections were made by the 
Legislature, we find the almost unfailing source of judges and prosecuting 
attorneys to have been that elevating cluster of river counties whose compact 
arrangement and nearness to the seat of government at Milledgeville greatly 
facilitated political affiliations.

The Changing Territory.

  Appling on the east and Early on the west, together with many counties carved 
out of their original territory, having been attached to other circuits, 1871 
found the Southern in the shape of a great irregular tower, one hundred and 
thirty miles high, with Lowndes, Brooks and Thomas at the bottom, Laurens and 
Pulaski at the top, and near the middle Irwin with its remnant of original 
territory. In that year the tower was broken in two by the formation of the 
Oconee, and into this new circuit to the north went the river counties carrying 
along with them all that was left of old Irwin.

  Dodge County was created in October, 1870, from the counties of Pulaski, 
Montgomery, Laurens and Telfair. The county was named in honor of Wm. E. Dodge, 
of New York, who was one of the pioneers in the timber industry in this 
country. As an expression of his appreciation of the honor conferred upon him 
he built and presented the county with what was considered at that time a 
handsome court house costing twenty-five or thirty thousand dollars.

  After its creation Dodge County was assigned to the Southern Judicial 
Circuit, and its first session of court was presided over by Judge John R. 
Alexander. The court was held in an old commissary located where the Merchants 
and Farmers Bank building now stands. In 1871 the Legislature created the 
Oconee Circuit, in which Dodge County was given a place.

JUDGE A. C. PATE.

  The first duly elected judge was Hon. A. C. Pate, of Hawkinsville, who was 
highly respected on account of the pureness of his character and the honesty of 
his dealings with his fellow man. He served for thirteen years, from 1872 until 
1885.

JUDGE C. C. KIBBEE.

  Judge C. C. Kibbee succeeded Judge Pate in 1885 and served until 1889, a term 
of four years. He was a man of brilliant legal attainments, and made a splendid 
record on the bench.

JUDGE D. M. ROBERTS.

  Succeeding Judge Kibbee was Judge D. M. Roberts, of Eastman, who served his 
country in the Confederate Army and also represented his county in the 
Legislature. He was noted for his quaint humor which illuminated many of his 
utterances from the bench. Those who knew him best love to recall his 
willingness to hear patiently the grievances of the humblest people who came 
before him. It is recalled that on one occasion the jury brought in a verdict 
of guilty against a negro whom the Judge believed to be innocent. When the 
verdict was read Judge Roberts told the defendant to stand, and remarked, "As 
the jury has seen fit to find you guilty it becomes the duty of this Court to 
pass sentence upon you. It is the sentence of the Court that you pay a fine of 
one dollar," and reaching into his pocket said, "and here is the dollar with 
which to pay the fine." On another occasion a prominent white citizen was 
before the Judge charged with violating the prohibition law. The defendant was 
convicted, and the Judge in passing sentence told the defendant that he would 
fine him three hundred dollars. At this juncture the defendant remarked, "All 
right, Judge, I have it right here in my jeans," and the Judge then added "and 
six months on the county chaingang," asking the defendant at the same time if 
he had that in his jeans also. Judge Roberts served at this time for four 
years, from 1889 until 1893.

JUDGE C. C. SMITH.

  Judge C. C. Smith succeeded Judge Roberts and served from 1893 until 1901, a 
period of eight years. Judge Smith was a very hard worker and spent much time 
in the preparation of his decisions, seeking to make them fit in with the law 
and the evidence that had been brought out.

JUDGE D. M. ROBERTS.

  In 1901 Judge Roberts again came to the bench and served another term of four 
years, retiring in 1905.

JUDGE J. H. MARTIN.

  Judge J. H. Martin, of Hawkinsville, succeeded Judge Roberts in 1905 and 
served until 1913, a period of eight years. Judge Martin was a lawyer of the 
Old School, a man who was fearless in speech, and who held the confidence of 
all who knew him. He was known as a just Judge and a good man. He also served 
his country in the Confederate Army. He wore a uniform of Confederate grey up 
to the time of his death.

JUDGE ELISHA D. GRAHAM.

  Judge E. D. Graham, of McRae, succeeded Judge Martin to the bench in 1913 and 
served until 1921, a period of eight years. Judge Graham had served as 
Solicitor-General for a period of eight years before ascending to the bench. He 
was an unassuming man and yet he had the courage of his convictions. His 
utterances from the bench were clear-cut and forceful, and no one was ever in 
doubt as to what he meant when he delivered a charge or an opinion. Before his 
elevation to the bench he enjoyed the reputation of being one of the best jury 
lawyers in the circuit. During his eight years on the bench he was never 
reversed by the higher courts but once in a criminal case, and he was often 
called upon to preside on the Court of Appeals when the Appellate Judges were 
disqualified. He was noted for his willingness to have cases settled out of 
court, thus renewing the friendships between parties which otherwise would have 
been broken. He retired from politics at the end of his second term.

JUDGE ESCHOL W. GRAHAM.

  Judge Eschol Graham, also of McRae, succeeded Judge E. D. Graham in 1921, and 
is now serving his third term on the bench, a period of twelve years, and has 
recently been re-elected for another term of four years. He is a fearless Judge 
and is considered one of the most brilliant lawyers in the State. He has often 
presided on the Court of Appeals for disqualified Judges. He is noted for his 
forceful charges to both grand and traverse juries, and has seldom been 
reversed by the higher courts on his decisions. He is a man of strong 
convictions and has no hesitancy in expressing himself on matters pertaining to 
the interests of the people whom he serves. He conducts his court strictly on 
legal grounds, and excuses no jurors except those who have legal excuses, 
believing that it is to the best interest of the courts to have all jurors 
serve as drawn.

Bar of Eastman.

B. R. CALHOUN.

  In the decade from 1880 to 1890 the Eastman bar was looked upon as the most 
brilliant in south Georgia. It was composed of men of brains and brilliancy, 
men who made a wide reputation for themselves and the county in which they 
lived. Among them was B. R. Calhoun. He was a man of retiring nature but true 
to his friends. He was a close student of law and as its interpreter had few 
equals. His friends declared that a brilliant judge was spoiled by his 
determination to stick to his practice.

J. H. ROZAR.

  Among the remarkable men of the past who came in touch with the bar of 
Eastman was J. H. Rozar, who for twenty-nine years was Judge of the Court of 
Ordinary and Justice of the Peace in Dodge County. He was a man without 
education, coming out of the country, but he had a legal mind that readily 
grasped the intricate problems of law. He was widely known because not one of 
his decisions was ever set aside by the higher courts.

JOHN F. DELACEY.

  During this period John F. DeLacey flourished and made a brilliant record as 
a lawyer. He was a native of New York and began practice of law in Appling 
County, Ga. After coming to Eastman he took much interest in the educational 
work of the city and county. He was a gentleman to the manor born and his good 
breeding showed itself in his whole life. He was given to hospitality, a fine 
pleader before a jury, and he was specially gifted as an after-dinner speaker. 
He was also Solicitor-General of the circuit.

H. W. J. HAM.

  H. W. J. Ham, who was afterwards known as "Snollygoster Ham" from a famous 
lecture he delivered, was another one of the lights of this period. He edited 
the Eastman Times and practiced law. He was very popular on account of his 
ability as a raconteur. He was a man of much ability but his success at the bar 
was not what it should have been. He left Eastman and went to Gainesville where 
he edited a paper and became one of America's most popular humorous lecturers.

THOMAS H. DAWSON.

  Thomas H. Dawson, an old man when he came to Eastman to practice law, was 
honored by the bar and the citizens in being elected to make the speech 
accepting the court house presented by Mr. Dodge.

  J. E. Woolen, who was regarded as one of the best students at the bar, came 
to Eastman in the seventies, and he never failed to make a deep impression on 
both judge and jury by the logical and forceful arguments and appeals he made.

  E. A. Smith was noted among his brethren at the bar as a most tireless 
worker. He prepared his cases very carefully and brought to bear upon them all 
the Supreme Court decisions in kindred cases. He foiled many of his opponents 
by having his cases more carefully prepared.

  James Bishop, Jr., was another tireless worker. He enjoyed the reputation of 
being the best office lawyer in Eastman. He was a man of social nature and was 
highly regarded by all classes.

  E. B. Milner, while with the Times Journal, took up the study of law and was 
admitted to the bar. He was noted for his energy in looking after the interests 
of his clients.

  Elias Herrman, a Jew, was regarded as the Demosthenes of the Eastman bar. He 
was looked upon as one of the best criminal lawyers in the State, a man of 
social instinct who numbered his friends by the hundreds.

  W. W. Humphries, a very popular man and a successful lawyer, practiced for a 
number of years at the Eastman bar.

  Hon. J. P. Highsmith, of Baxley, for several years Judge of the Superior 
Court of his circuit, practiced his profession for some years in Eastman, and 
here he received much of his training that fitted him for the position that he 
has held with satisfaction to his people.

  Harlow Burch, who left the place of Court Stenographer to take up the 
practice of law, was one of the most popular men who ever mingled with the 
legal fraternity of this county.

  Thomas E. Taylor, of Hawkinsville, practiced law here for a short time, 
returning to Hawkinsville.

  Luther A. Hall, who came to Dodge County in 1871, became involved in the 
famous Dodge land cases. He was tried and convicted as being accessory to the 
murder of John C. Forsyth, an agent of the Dodges, and was sent to the Federal 
prison for life. There he died a few years ago. Until the finger of suspicion 
was pointed toward him in the above named case, he enjoyed a lucrative practice 
and was considered one of the very best lawyers in this section.

  The late B. R. Calhoun, who was dean of the Eastman bar, had at one time 
associated with him in the practice of law his son, Roy E. Calhoun, a graduate 
of Columbia University, and who was at that time the youngest member of the 
Eastman bar. He is now employed as legal advisor to the President of the New 
York Central Railroad in New York City.

  Among the more recent lawyers here is W. A. Woolen, who served for one term 
of four years as Solicitor-General of the circuit. Mr. Wooten is a polished 
gentleman and enjoys a large practice.

  The late J. A. Neese was for a number of years Judge of the City Court. He 
was a man of a most brilliant mind, and enjoyed the esteem of a large number of 
people.

  The late J. H. (Hal) Roberts was for many years Solicitor of the City Court, 
and was considered one of the very best lawyers in this section. He fought his 
cases with a bulldog's tenacity, and enjoyed a large practice. Like his father, 
the late Judge D. M. Roberts, he was possessed of a quaint humor and ready wit 
that made him popular with all classes. In pleading his cases before a jury he 
would rise to heights of eloquence. It is recalled that on one occasion while 
pleading very earnestly and eloquently for his client he shouted, "Gentlemen of 
the jury, the GOOD BOOK says he who steals my purse steals trash, but he who 
steals my good name," at this juncture he noticed that the jury as well as all 
who were in the court room were convulsed with laughter, and realizing that he 
had misquoted the GOOD BOOK, continued, "he who steals my good name GETS MY 
GOAT."

  Walter M. Clements, who also served at one time as Judge of the City Court, 
was a lawyer who built up for himself a large clientele in this county. He was 
possessed of a keen intellect, and numbered his friends by the score.

  In mentioning two of our young lawyers, D. D. Smith and J. Herr-man Milner, 
sons respectively of two former members of the Eastman bar, we are reminded of 
a verse in a poem by Knox:

"For we are the same things our fathers have been;
  We see the same sights our fathers have seen; 
We drink the same stream, we feel the same sun,
  And run the same course our fathers have run"

  D. D. Smith, like his father, the late E. A. Smith, is noted among his 
brethren at the bar as a most tireless worker. He has been Solicitor of the 
City Court many years, and is always on the alert in preparation of his cases. 
He also has a large practice in the other courts.

  J. Herrman Milner, like his father, the late E. B. Milner, is noted for his 
energy in looking after the interests of his clients. He is possessed of a most 
brilliant mind and stands second to none in the legal profession.

  0. J. Franklin, the present Judge of the City Court, which office he has held 
for a number of years, is another lawyer of keen intellect and brilliancy of 
mind. He also enjoys a large practice in the other courts.

  Chas. W. Griffin, late of the Eastman bar, was considered one of the 
brainiest lawyers who ever practiced here. He served a term as Judge of the 
City Court, and in addition practiced extensively in the other courts.

  C. W. Atwill, who has practiced here for a number of years, is noted for his 
tireless energy in looking after the interests of his clients. He has a large 
practice and enjoys the confidence of the people at large.

  W. M. Morrison at one time was considered one of the best lawyers of the 
Eastman bar and had a large practice, but left Eastman several years ago.

  James C. Persons and J. F. Broach also practiced law here for a short while 
several years ago, but both left for other fields.

  M. J. Carswell was another lawyer who sojourned here for a short time and 
practiced the legal profession. He was a brother of the Hon. George H. 
Carswell, recently Secretary of State, and was popular with a large number of 
people of the county.

  Ernest E. Persons is a member of the Eastman bar. He devotes the most of his 
interests to office practice and civil business. He is also engaged in the real 
estate and loan business. He came to Dodge County about thirty years ago, and 
has conducted himself in a manner as to win the highest esteem and confidence 
of every one with whom he comes in contact. He has been for many years City 
Recorder.

  A. Russell Ross, next to the youngest member of the Eastman bar at present, 
is a rising young lawyer that has bright prospects for the future. He devotes 
his best efforts to the interests of his clients, and is noted for his tenacity 
in holding on till every means is exhausted for his clients. He is rapidly 
building up for himself a large practice. He is County Attorney, which position 
he has held for several years.

  Will Ed Smith, the youngest member of the bar, is another for whom the 
prospects loom bright as a legal star. He graduated from the law school at 
Mercer University, since which time he has risen rapidly in his chosen 
profession.



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