Omaha daily bee., 1899-11-19
EARLY DAY COURT METHODS
How the Pioneer Judges and Lawyers
Transacted Their Business.
FoRMAllTY NOT A PART OF tn: CODE
"Reminiscences Brought Ont by the
Unenrthing of Court Documents
Forty Years OId--Judgc Wool
worth's Humorous Note.

The wonderful growth OF law business In
Omaha and the consequent increase in vol
ume of court records is study worth look
ing into. The unearthing OF bundle oi
ancient papers in the court house few
| days ago has brought to light some inter-
esting "reminiscences of the pioneer bench
and bar.
The time was when but two men were
needed to keep track OF affairs In the office
| Of the district clerk. Now there Is work
| enough to keep busy dozen clerks and
| a small army of typewriter operators. In
| the early days lawyers were scarce, the un-
lucky number of thirteen at one time con-
| stituting majority of the Omaha Bar as
! sociation. Now there are in round numbers
400 lawyers practcing in the district court.
| Some OF the time attorneys are here
yet and nearly all became prominent. Among
the ancient documents brought out from,
| among musty archives is formal request
signed by thirteen members OF the bar, ask
ing Judge Augustus Hall to adjourn court
! for the First judicial district Of the terri
| tory of Nebraska. from October to Novem-
| ber.' This bears date october IL, 1860.
Judge Hall granted the petition, az is shown
| by his entry on the bottom edge OF the writ
ten request. No reason is specified for ad-
| journment, but 1t is surmised that the law
yers probably wanted to go deer hunting
| Thirteen Pioneer Lawyers.
The thirteen pioneers who signed this re-
quest upon Judge Hall were as follows:
George B. Lake, D. ID. Belden, George L.
Gilbert, James NJ. Woolworth, A. j. Popple
ton, Herman Glass, Redick & Briggs, w. A.
Little, R. A. Howard, John H. Sahler, John
McConihe Sam Chapman.
Judge George B. Lake and James NJ. Wool
worth survive and are prominent not only
locally, but nationally. George I. Gilbert
died about a month ago. A. j. Poppleton
became blind and died John McConihe, d.
D. Belden, w. A. Little and some of the
others have passed away. Mr.. Briggs Of the
firm of Redick Briggs fell from a train
in Iowa and was killed. John H. Sahler
committed suicide.
Only a few other lawyers were practicing
in Omaha at the time Of the signing Of this
request for adjournment Of court. The Judge
Hall to whom the petition was addressed,
was the father Of Richard Hall Of the firm
of Thurston & Hall. Nearly all these law
yers attained more than ordinary rank in
their profession, but back in the sixties.
some OF them were undergoing the starving
process that confronts most young members
of the bar, although some OF the older were
even then in receipt Of good incomes.
Judge Lake was for several years judge
OF the district court and afterwards was
elected to the supreme court, serving as
chief justice with great credit to the judi
ciary and to himself. Retiring from the
bench he returned to active practice.
When the early-day lawyer wanted to
aI~ To- h. oP,1 -
the clerk he simply carried it away with
out ceremony of any kind other than to
leave note saying that he had taken the
papers in certain case. That method is
no longer in vogue. The immense expan-
sion Of the records requires strict account
ing to see that none are lost and the only
way in which paper can be taken from the
clerks Office now is upon order from one Of
the district judges
WoOlworth's Note.
On July IA, 1868, James NJ. Woolworth
went to the court house to get papers and,
finding the clerk out, he took what he
wanted and left the following note:
"Mr. Kellom: I have burgariously en-
tered your office and feloniously stolen and
carried away Hays answer in No. 24O and
bill and answer of Armstrong against Finn
G Saxton in No. 242.
~. NJ. wooLWoRTH."
Mr.. Kellom mentioned in the note was
at that time clerk of the district court
Another informal note signed by e. Wakely
September 6, 1860 tells how he unceremo-
niously carried away some papers, but he
did not flavor his note with humor like that
OF Judge Wooworth.
This method is in striking contrast to the
strict formality of today, as is shown by
the following official edict, which is printed
in bold type on the cover and fly leaf OF the
bar docliets for each term of court:
mo person, except the judges or officers
OF the court, shall take from the court
house, or out of the office or possession Of
the clerk, any records, papers or files OF
the court without special permission OF the
court"
Among the most notable signatures found
among the ancient files at the court house
is that of William Pitt Kellogg, the noted
Louisianian who was once a territorial
judge in Nebraska. He had much more
formality in his methods than the others
who controlled courts in those days and
there was about him less of that freedom
characteristic OF the pioneer.