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I wish we could control legislation on this subject, so as to exclude from the Bar ignorant and untrained men.”
One other suggestion has come from a distinguished judge not a member of the committee, but it is deemed of sufficient importance to mention here. He thinks that the rule as to time should be amended allowing applicants more than one day in which to stand examinations. He is authority for the stateinent that a judge is sometimes kept up as late as 12 o'clock ut night waiting on the applicant to finish his examination, and then he does not always complete it. If it be urged that allowing two days instead of one would give the applicant the advantage of seeing the questions and preparing the answers, tho reply is, that the questions might be divided into two parts, allowing one half for each day, but giving the applicant the privilege of concluding in one day if he can do so. Respectfully submitted,
H. W. Hill, Chairman ;
REPORT OF THE COMMITTEE ON MEMORIALS.
Mr. President and Gentlemen of the Georgia Bar Association:
According to the duty enjoined upon them, the undersigned Committee on Memorials beg leave to submit the papers hereto appended as the result of their labors.
Our By-Laws place a limitation of one printed page-about four hundred (400) words—to the memorial sketches of our deceased brethren. By reason of the fact that each of the members who died within the last Association year, was a man of signal mark and merit, we trust that our slight excess, beyond the ByLaw limitation, will be pardoned. When we come to write or speak of such lives as these, 'tis most difficult to hold rigidly within such lines of restriction, and yet do even scant justice to the sacred memory of the dead.
Since last we met, the grim · reaper has claimed for his own three of our worthy and honored members. Of these three the accompanying papers speak.
Committee on Memorials.
FRANCIS DOWNING PEABODY. FRANCIS DOWNING PEABODY was born in the State of Alabama, near Columbus, Georgia, November 20th, 1854. He was the youngest of nine children, and his boyhood days were spent upon his father's farm. He was the son of Charles A. and Frances Harriet (Williams) Peabody, who came to Georgia from Connecticut and settled in Columbus in 1833. His primary educa-tion was in the “old field school.” At the age of eighteen he: entered the State Agricultural and Mechanical College at Auburn, Ala., and graduated with first honor from that institution in 1876. From college he went to Hopkinsville, Ky., where for three years he taught mathematics and military tactics in a private school. During these three years he read law at night and in such leisure hours in the day as could be taken from his work. In June, 1879, he went to the city of St. Louis, where he continued his law studies in Washington University, but before the end of the term for which he had entered he stood a successful examination in open court, and was admitted to the practice of law, and became a member of the St. Louis bar. In 1881 he returned to Georgia, and was married to Miss Myrtice Nelms, of Griffin, and settled in Columbus. In 1882 he formed a partnership with Samuel B. Hatcher, and the firm under the name of Hatcher & Peabody continued a successful practice until January, 1889. After the dissolution of this, firm, Mr. Peabody continued the practice of law alone till the date of his death, which occurred at his home in Columbus, Ga., July 19th, 1902. His wife survives him. He was an accomplished and prominent lawyer in his community, but in addition to this he was most highly esteemed as a citizen and took a very prominent part in public affairs. He was Alternate Presidential Elector in 1892; was elected City Attorney for Columbus in 1895, and held that office for five years. Was elected a trustee of the public schools of Columbus in 1894, and continued in that office till his death; was a prominent member of the Board of Trustees of the Young Men's Christian Association, and did more than any one else to bring about conditions that have led to the construction of the magnificent building which is now being built for that association in Columbus. He was a member of the American Bar Association, and an active and leading member of this body, of which he became a member during the Association year of 1884-5. He rarely failed to attend the annual meetings, and was a frequent contributor to the regular order, his papers showing careful preparation and research. His first, and one of his most interesting contributions,
was at the session of 1890, when he read a very able paper upon • “The Unanimity Rule in making Verdicts.”
Mr. Peabody was one of the most prominent lawyers at the Columbus Bar. He was very diligent and careful in the preparation of his cases, and never allowed himself to enter the trial of a case until he was thoroughly conversant with every detail, both in law and fact, as far as this could be accomplished by faithful and unceasing labor. His specialty, if we can say that he had a specialty, was municipal law. During the five years of his incumbency of the office of City Attorney of Columbus, he had many difficult cases to handle, and some intricate questions relating to the charter amendments of the city, and the enlargement of municipal powers that would meet the requirements of the authorities in launching out upon a broad field of improvements. His conduct of all these matters was masterful, and exhibited in him a high order of legal ability. Unfortunately his physical force was not commensurate with his industry and mental attainments, and in the prime of his useful work failing health compelled him to a limitation of his strength, and finally death claimed him. In his untimely demise the Bar of Columbus loses an accomplished lawyer, the State a most excellent citizen, and this Association one of its best members.
HENRY BETHUNE TOMPKINS. On the afternoon of February 25th, 1903, in the city of Atlanta, where he had resided and practiced law for more than twenty years, Judge Henry Bethune Tompkins peacefully passed away.
With that indomitable fortitude and courage, so characteristic of his life, for several months he suffered and languished upon the bed of affliction.
One incident, strikingly illustrative of the philosophic hero that he was, is told in the fact that, when, some considerable length of time before his death, he was informed by his attending physician that he could not recover, for quite a while he enter
tained the doctor, discussing matters of literature, in which field of knowledge Judge Tompkins was profoundly versed.
Our lamented friend and brother was born in Barbour County, Alabama, in 1845, and, consequently, was in the fifty-eighth year of his age at the time of his death. Of an influential family, he was reared amid culture and refinement.
Though but sixteen years of age in the beginning of our great Civil War, he organized a company, and tendered their services to the Confederate States Government. By reason of his tender years, his father, in parental solicitude, interposed; and the soldier boy was denied this early gratification of his martial ardor, and patriotic ambition; being forced to see his company march to the front, unaccompanied by their young captain.
In two years, however, he did join the same organization, and right gallantly bore a signal part throughout that titanic struggle..
Where now is Atlanta's Westview Cemetery, on August 18th, 1864, in the Battle of Atlanta, while leading his regiment, he was shot through the body. So soon as he recovered from this desperate wound, he promptly rejoined his comrades in arms, and? only sheathed his sword when the old flag was finally furled.
After the close of the war he read law, was admitted to the bar, and removed to Memphis, remaining there several years. Then he entered the practice of his profession in Savannah with the late B. A. Denmark, the firm name being Tompkins & Denmark.
He enjoyed a large and lucrative practice. He served one full term as Judge of the Superior Courts of the Eastern Circuit; declined reappointment, but subsequently again accepted the same office, from which he soon resigned, and moved to Atlanta, because of the ill-health of his wife.
This removal was in 1882. His first law partner in Atlanta was Mr. Morris Brandon. At the time of his death he was, and for some years had been, associated with Mr. Robert C. Alston, under the firm name of Tompkins & Alston.
Judge Tompkins was twice married. His first wife was Miss Bessie Washington, daughter of the late Geo. A. Washington, of Tennessee. This most accomplished lady died shortly after their