3 TENTH JUDICIAL CIRCUIT'S...

Sclafani Williams Court Reporters, Inc.1-800-272-0404

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1 2 3 TENTH JUDICIAL CIRCUIT'S CENTENNIAL 4 1911-2011 5 HISTORY OF THE TENTH JUDICIAL CIRCUIT 6 7 Presenters: 8 The Honorable Scott Silverman, 11th Judicial Circuit 9 Assistant Public Defender, Patrice Behnstedt 10 Dr. Canter Brown, Jr. 11 12 DATE TAKEN: February 10, 2011 13 TIME: 11:00 a.m. to 1:00 p.m. 14 PLACE:Oliver L. Green, Jr., Courtroom 15 Polk County Courthouse 16 Bartow, Florida 17 18 19 Stenographically reported by 20 Wendy Wyncoop, FPR 21 22 23 24 25


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1 JUDGE LANGFORD: If we could have everybody's 2 attention we'll get started here in just a few 3 seconds. 4 Well, good morning and welcome to this 5 presentation by the History Committee of the Tenth 6 Judicial Circuit, and my name is David Langford. 7 I'm the chief judge of the Tenth Circuit, and on 8 behalf of the 40 judges of the Tenth Circuit I bid 9 you welcome today. I thank you for being here 10 today. This is the largest crowd ever for one of 11 the historical presentations, and we certainly 12 appreciate you being here today and being with us. 13 As with all presentations things of this nature 14 do not just happen. There are people behind the 15 scenes that have put this together. At this time I 16 would certainly like to recognize and thank all 17 those folks that have been instrumental in putting 18 this proceeding together beginning with the History 19 Committee of the Tenth Judicial Circuit which is 20 headed by Judge Mary Catherine Green and Sam Crosby, 21 and if they would stand I would like to recognize 22 them and any other members of the History Committee 23 that are here. 24 Thank you so much for putting this together for 25 us today in regard to this. Also I would like to


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1 thank Judge Angela Cowden that will be serving as 2 the presiding person over our proceedings here 3 today. Judge Scott Silverman who was not able to be 4 with us from down in Dade County was very 5 instrumental in furnishing a great deal of research 6 and information to us in regard to the centennial of 7 the Tenth Judicial Circuit. 8 Our presenters today, Canter Brown, Patrice 9 Behnstedt -- and Dr. Brown was kind enough to bring 10 his wife Barbara with him, and we appreciate you 11 being down here too. 12 Our lunch today was provided and sponsored by 13 William J. Lobb, P.A. and Howell and Thornhill, 14 P.A., and we thank you very much for that. It was 15 catered by Terri Lobb Catering, Inc., and thank you 16 so much. 17 Sclafani Williams Court Reporting has been so 18 good to record and report all of these presentations 19 that have been made, and in particular I would like 20 to thank Wendy Wyncoop and Jamie Hollingsworth for 21 their time and their skills involved in recording 22 these proceedings, and to Myrtice Young the 23 historical preservation manager of the Polk County 24 Historical Museum for arranging for PGTV to be here 25 today to record this, our court administration for


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1 their help in putting this together and our court 2 technology for things that will assist us in 3 following the presentation today and special thanks 4 to the bench and bar. That's each and every one for 5 your support for these programs by being here, by 6 attending them and for showing the interest that 7 gives the historical committee the incentive they 8 need to continue making these presentations. 9 Without further ado at this time I'm going to turn 10 the proceedings over to Angela Cowden who will be 11 presiding over the proceedings. Judge Cowden? 12 JUDGE COWDEN: Thank you, Judge Langford. 13 Welcome everyone. Happy birthday, right? Today is 14 the kick off if you will of the centennial 15 celebration of the creation of the Tenth Judicial 16 Circuit which of course is where we all practice and 17 where we've all -- many of us have decided to make 18 our homes and our careers. So I welcome you today 19 on behalf of everyone here in Polk, Hardee and 20 Highlands County. 21 And a point of braggadocios or whatever that 22 word is, somebody's bragging -- Hardee beats 23 Highlands with representatives here today. That was 24 pointed out to me. We have two members of the 25 Hardee County Bar and Bench and one member of


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1 Highlands County right now. That would be me. And 2 I'm honored to be here to represent the bench and 3 bar of Highlands County. All of us together welcome 4 you to our program. 5 And I am the proud owner of an iPad and all my 6 notes are on my iPad, so if it all goes blank that's 7 it, so sorry. We want to remind you as well that 8 not only is it the 100th birthday of the Tenth 9 Judicial Circuit which we're going to hear so much 10 about that today and be very excited, but you may 11 have seen in the newspaper this past Sunday an 12 actually wonderful section about the 150th birthday 13 of Polk County itself, a wonderful pull out 14 presentation. If you can get ahold of this there's 15 a lot of history, there are a lot of movers and 16 shakers in the creation of Polk County. It began in 17 1861. So concurrent with the 150th birthday we're 18 celebrating the 100th centennial of the Tenth 19 Judicial Circuit. 20 Unfortunately you see me up here rather than 21 Judge Silverman who had surgery on his shoulder and 22 he had every intention of coming up today because 23 along with the Tenth Circuit, the Ninth and Eleventh 24 were created on the same day. And he provided a lot 25 of impetus and a lot of information to us about what


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1 they are doing. Of course Miami Dade is a much 2 larger county and circuit than the Tenth Circuit as 3 far as the number of people involved, so they are 4 having their own celebrations, and he wanted to come 5 and welcome us and encourage our own presentation. 6 But he couldn't be here so that's unfortunate. 7 You have handouts I'm hoping at some point 8 somewhere, and these handouts are important for you 9 because they will orient you to why we are here 10 today, the laws of Florida from 1911. And you'll 11 notice those laws -- and your key note speaker is 12 going to talk more about these but this is a 13 photocopy of a piece of history that you should take 14 with you and take a look at it because the second 15 page of that document sets forth the creation of us, 16 who we are, where we are, the Tenth Circuit. 17 The rest of this talks about the Library of the 18 State -- Florida Department of State. And you also 19 have a very important piece of information there on 20 the last couple of pages that I'm going to go over 21 in just a couple minutes. But before we go any 22 further I want to recognize -- and you know, usually 23 Judge Langford does this and he covers himself in 24 shame. Today it's going to be me because I will 25 forget someone. I want to recognize our elected


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1 officials that are here today in the court room. We 2 have Judge Green, Judge Green, Judge Ezelle, we 3 have -- let's see, Judge Raiden is here, Judge 4 Maloney, Judge Durrance, Judge Fegers, Judge 5 Bennett. Judge Bennett was just in here. He must 6 have just popped back out. I think that may be 7 everybody. 8 JUDGE LANGFORD: Judge Williams, Robert 9 Williams. 10 JUDGE COWDEN: Judge Williams? There you are, 11 you popped in and I didn't see you, Judge Williams. 12 Anybody else that I'm not picking up on or didn't 13 see? Welcome and thank you all for being 14 cornerstones of our presentations. 15 You know, Judge Green -- Mary Catherine and I 16 were chatting the other day at one of our history 17 committee meetings we got together, and we are 18 talking, and we are bemoaning the fact that so much 19 of our history is lost. The more of our 20 practitioners, those judges and lawyers that we 21 lose, the more of our history goes by the boards. 22 And if we don't pick up on it, and we don't talk to 23 those people, and we don't interview those people, 24 and we don't learn what is it that they have that 25 makes them who they are and learn about their


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1 experiences, we lose valuable pieces of historical 2 information. 3 Now, we've got somebody here today that's going 4 to talk to you and is going to flesh out a lot of 5 Florida history, but more about that in just a few 6 moments. If you have yourself any ideas or any 7 initiatives or anything that you think would be 8 important for the history committee to focus on or 9 that you want to present and you want us to work 10 with you on it and encourage you we want you to 11 contact Judge Green, Sam Crosby, myself. Don't 12 just sit quiet and think well, that's a dumb idea. 13 It's not. It's an important idea and if it 14 contributes to the better understanding of all the 15 bench and bar as to who we are and where we come 16 from, where we're going, what makes up Florida 17 history and the Tenth Circuit history don't sit 18 silently. If you do you're going to deprive a lot 19 of other people of a lot of good information and a 20 lot of good memories. 21 We want to thank as well Dr. Mike Denham of 22 Florida Southern. Dr. Mike Denham comes to us as a 23 director of the Center of Florida History at Florida 24 Southern College, and he's been with -- I don't know 25 how long have you been with Southern? Twenty years,


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1 okay. And Dr. Denham as the director of that 2 history department, if you will, is also considering 3 and working with the Tenth Circuit here to be a 4 repository of historical information about the 5 courthouse and about the legal and the judicial 6 system here. So Dr. Denham is a great resource and 7 he's always interested in like if you have old 8 photos -- I know that Boswell Dunlap has a great, 9 great photo up in their conference room with all of 10 the lawyers from -- what year is that? 11 AUDIENCE MEMBER: 1899. 12 JUDGE COWDEN: 1899. So there's a lot of 13 history out there if you stop and look at it and 14 listen. Let me tell you a little bit about some 15 events that are going on. Today of course is our 16 beginning -- most important event to start you off 17 in considering the history of the Tenth Judicial 18 Circuit so today we are very, very pleased -- and 19 there's another judge. They just keep slipping in. 20 This is bad. Let me focus on what -- on my notes. 21 Tonight at Branscomb Auditorium at 7:00 you 22 will have the opportunity to hear Dr. Canter Brown, 23 and I'm going to tell you a little bit more about 24 Dr. Brown in a few minutes, but he is going to be 25 speaking at Branscomb. After our program today


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1 Dr. Brown will be signing some books over at the 2 historic courthouse, okay, just so you know in case 3 you did not know that. 4 Also this Saturday at the historic courthouse 5 is the kick-off of the 150th birthday of the -- of 6 Polk County. So there's an entire day's worth of 7 events. I believe that that is contained in your 8 schedule of events in your papers that you received 9 so this introduces you to that. 10 Now, as well in March -- which is women's 11 history month -- there's going to be a presentation 12 here with the Tenth Circuit Bench and Bar about the 13 history of -- a 1991 study by the Office of State 14 Court Admission or OSCA about gender bias during 15 women's history month. In May there will be a 16 presentation involving Justice Labarga with regard 17 to the Hispanic Bar Association and the influence of 18 the Hispanic Bench and Bar in the Tenth Circuit. 19 As well in June the state attorneys office is 20 going to be doing an historical presentation about 21 their office. In June in addition on the 10 -- on 22 the June 10 there's going to be a luncheon that my 23 understanding is it's going to be hosted by the 24 Virgil Hawkins Bar Association and will be in 25 conjunction with a presentation by some judges on


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1 that date with regard to the history of the Tenth 2 Circuit. 3 The culmination though of all of our efforts, 4 the history committee -- and that's not me. It's 5 Judge Green, Sam Crosby and very, very devoted and 6 dedicated people that have stuck with it, Patrice as 7 well. The culmination will be a dinner that evening 8 at the historic Polk County Courthouse across the 9 street. It will be a gala event. You're going to 10 learn more information about it, but we want you to 11 be there. We want you to participate, to attend. 12 It's going to be a lovely occasion. The old 13 courthouse will be opened up. You will be able to 14 wander around and look and just enjoy some of the 15 beauty of the old courthouse where a number of you 16 have practiced in the past. 17 See, the sad thing is it's fewer and fewer and 18 fewer of you that are able to share the stories of 19 practicing at the old courthouse. We want you to 20 tell us because we want our generation and the 21 coming generations to know what it was like. What 22 you see here is a picture from the newspaper of the 23 1867 drawing of the Polk County Courthouse. It 24 doesn't look anything like the one across the 25 street, now, does it? But that's the drawing, and


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1 it's in that Polk County insert about the 2 introduction of Polk County. 3 There's going to be a special occasion over 4 across the street at the 150th birthday celebration 5 for Polk County wherein one of our distinguished 6 members is going to read a resolution. He's going 7 to come now and read this resolution. And it's very 8 important that you all as the bench and bar of the 9 Tenth Circuit kind of buy in if you will to this 10 resolution because it involves our association as 11 the Tenth Circuit and our 100th centennial 12 celebration with the 150th sesquicentennial of Polk 13 County. 14 Judge Oliver Green, would you mind coming and 15 reading the resolution? Do you have it with you? 16 JUDGE OLIVER GREEN: Delighted. 17 JUDGE COWDEN: Thank you. 18 JUDGE OLIVER GREEN: Is Jack Brandon here by 19 any chance? 20 MR. BRANDON: Yes, Your Honor. 21 JUDGE OLIVER GREEN: Well, let me tell you, you 22 have missed a great deal by not having Scott 23 Silverman here. He is the king of South Beach, 24 Miami Beach. He took Jack, myself and our wives to 25 Joe's Stone Crab, and I may remember it better than


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1 Jack does, but as I recall there were motorcycle 2 officers out there that fell all over themselves 3 escorting us into Joe's Stone Crab. As I recall the 4 maitre D escorted us to a table, and I have no idea 5 if we had reservations. And then the chef escorted 6 us through the kitchen, gave us a lesson on cracking 7 stone crabs. But he is highly regarded in his 8 bailiwick, and I'm just disappointed he couldn't 9 come. And if you go to Miami, trust me, you call 10 Scott Silverman and he will host you any place and 11 you will be the better for it. 12 The resolution that I'm going to read puts me 13 in mind a little of the national anthem at the Super 14 Bowl in that if you want to hear it done better, you 15 be there Saturday. All right. 16 Resolution on the Sesquicentennial of the 17 Formation of Polk County. 18 WHEREAS, Polk County was established by the act 19 of the Legislature in 1861; whereas the Tenth 20 Judicial Circuit of Florida was created by Act of 21 the Legislature in 1911 and; whereas, 2011 is the 22 sesquicentennial of Polk County and the centennial 23 of the creation of the Tenth Circuit and; whereas, 24 Polk has always been a part of the Tenth Circuit 25 despite many changes in composition of the county


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1 comprising the circuit it is now therefore resolved 2 first, that the Bench and Bar of the Tenth Circuit 3 celebrate the important historic event of the 4 sesquicentennial of the creation of Polk County. 5 Two, the Bench and Bar of the Tenth Circuit 6 appreciates the happy convergence of the 7 sesquicentennial creation of the County and the 8 centennial creation of the Circuit. 9 And third, the Bench and Bar of the Circuit 10 join the citizens of Polk County in celebrating the 11 sesquicentennial and creation of Polk County dated 12 this 4th day of February, 2011 by J. David Langford, 13 chief judge of the Tenth Circuit of Florida and 14 chair of the Tenth Judicial Historical Committee, 15 Mary Catherine Green -- Judge Mary Catherine Green, 16 co-chair of the Tenth Judicial Historical Committee 17 and Sam Crosby, Esquire, as co-chair of the Tenth 18 Judicial Circuit Historical Committee. 19 And let me comment in closing that these people 20 have really done a very good job by working very 21 hard. 22 JUDGE COWDEN: Thank you, Judge Green. We have 23 had some more dignitaries come in. Let me let you 24 know, Judge Radabaugh and Judge Curry, so if they 25 stay around and don't disappear say hey to them


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1 afterwards. 2 Now, then, I get to introduce the key note 3 speaker. This is such a treat. Our key note 4 speaker, Dr. Canter Brown, Jr., is a native -- and 5 this is his most proud accomplishment -- of 6 Fort Meade, Florida. He is one of Florida's most 7 prolific historians and he is going to talk to us 8 today about the wild, wild Florida west if you will. 9 And he's a little bit worried about being here, but 10 I think he's overcome some of his fears of those of 11 you who he may owe some money. 12 He is a Florida State University 13 multi-graduate. His bachelor's, his doctorate and 14 his JD and his PhD come from Florida State 15 University. He has written extensively on Florida 16 history and on southern history ten books at least 17 published and a two volume history of Polk County is 18 among -- are among his important works. In the 19 Midst of all That Makes Life Worth Living, Polk 20 County up to 1940, and then since 1940, None Could 21 Have Richer Memories, Polk County Since 1940. Among 22 his published works however is a widely praised book 23 called Florida's Peace River Frontier for which he 24 earned the Florida Historical Society's Rembrandt W. 25 Patrick award. He won an award for this book. This


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1 is my copy. He's going to sign it for me. 2 He's also written about his own home town, 3 believe it or not, Fort Meade and as well he earned 4 the Certificate of Commendation by the American 5 Association of State and Local History for his work 6 called Ossian Bingley Hart: Florida's Loyalist 7 Reconstruction Governor. 8 He has written a lot of Florida history, and to 9 sit and talk with this gentleman is a real treat, 10 and to hear him is an even better treat. So without 11 further ado may I turn the podium over to Dr. Canter 12 Brown, Jr. 13 DR. BROWN: Good morning. I'm going to 14 probably spill this cup before everything gets 15 through today. I did want to tell you that in light 16 of the attendance report that we just got today I'm 17 going to add some very scurrilous remarks about 18 Highlands County, so hold on for that. 19 I have to begin this way, Judge Mary Catherine 20 Green, my friend, called me up six months or so ago 21 and asked me to speak today to you in honor of the 22 centennial of the Tenth Judicial Circuit, and my 23 first thought was self preservation. "Good Lord," I 24 thought, "They'll never let me get away with it. 25 This is supposed to be a solemn occasion. Do they


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1 know what they're asking?" I jumped from that 2 immediately to, "Can they disbar me for this?" 3 Judge Green, on her part, kindly reminded me 4 that I had survived what I had already written about 5 this area and its past, and she then generously 6 urged me on in terms of frankness that -- well, let 7 me put it this way, terms of frankness that all Polk 8 Countians would understand that I should go on, so 9 here it goes. 10 Let's get the details out of the way first. 11 The process by which the Tenth Judicial Circuit was 12 created in 1911 resembles sausage making. Don't get 13 me wrong, there was a need for a new circuit. 14 Central and South Florida were booming, but only 15 within a certain context. That year more than half 16 of Florida's population still lived within 50 miles 17 of the Georgia and Alabama borders. Jacksonville 18 had been the state's largest city when census 19 figures were released a year before, while Miami 20 held only slightly more than -- anybody want to 21 guess -- 5,000 people. Lakeland, with 3,700, 22 residents claimed pride of rank as the most populous 23 area within what would become the Tenth Judicial 24 Circuit. Arcadia had 1,700 and Wauchula had 1,100. 25 Avon Park -- I told you I was going to get into some


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1 scurrilous Highlands County stuff -- was so small 2 the census takers didn't even put down a number. 3 But things were changing. Here is an example 4 of the profound nature of that change based on my 5 home town. Ft. Meade held 1,165 residents in 1910. 6 The total one year later was estimated at 1,923. 7 "Progress and improvements knew no abatement," one 8 report from there declared that year. "Constantly 9 new people are arriving." 10 Similar trends touched all of today's Tenth 11 Circuit. Lakeland swelled by 1915 to 7,300 12 residents; Arcadia to 3,500; Wauchula, 1,800; and 13 Avon Park I have to concede was now up to 418. Polk 14 County meanwhile claimed 37,000 residents with old 15 DeSoto County -- and it's important sometimes as we 16 go along to remember the counties did change. 17 DeSoto then in 1910 included all of today's DeSoto, 18 Hardy, Highlands, Glades and Charlotte Counties 19 swelling to 22,000 in population. And we'll get in 20 in a minute to how it broke up. 21 The Bartow Courier-Informant in 1910 had 22 forecast a 50,000 total for Polk within ten years. 23 Its headlines of the story read: "Great County - A 24 Great Future - Polk 's Population has Nearly Doubled 25 in the Last Ten Years - Progress on All Lines."


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1 Many causes lay behind this growth, but none 2 stood out more strongly than the potentially huge 3 profits to made from -- who said citrus growing -- 4 citrus growing. Those profits depended on 5 relatively reliable and inexpensive transportation, 6 whether to bring people in or to take citrus out. 7 Improved roads remained a dream for the most part, 8 but railroads had pierced Polk and DeSoto Counties 9 in the mid-1880's, and new lines were reaching out 10 in 1911 seemingly in all directions. One of them -- 11 the Haines City - Sebring branch of the Atlanta 12 Coast Line Railroad would give birth by 1913 to 13 Hamilton, Dundee, Lake Wales and Sebring. 14 Now, I would point out that Sebring is coming 15 along right at 70 years after Polk's first town of 16 Fort Meade came along, but that's a different story. 17 Florida as all this was going on was being 18 transformed. The growing population shift away from 19 North Florida and towards Central and South Florida 20 was producing political convulsions. Those northern 21 areas were used to exercising power and simply did 22 not want to yield it. 23 Meanwhile yearnings for influence in central 24 and South Florida were growing and growing. As 25 early as 1892 voters statewide had acknowledged the


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1 trend by electing Henry L. Mitchell of Tampa -- 2 there's probably a descendent of his in the audience 3 today -- former judge of the Sixth Circuit that 4 included Polk and old DeSoto Counties -- as 5 governor. Mitchell's deep conservatism though, not 6 to mention his ties to railroad interest, endeared 7 him to the tradition power brokers in Florida. But 8 William Sherman Jennings of Hernando County, elected 9 in 1900, proved to be a horse of a different color. 10 Standing in the center of Florida's progressive 11 movement, Jennings and his political friends looked 12 ahead, among other causes, to heavier state 13 involvement in peninsular development. Jacksonville 14 claimed the governor's seat in 1905 with Napoleon 15 Bonaparte Broward, but he, too, pushed development 16 to the south thanks to Jacksonville's business 17 interests and the influence and vision of railroad 18 magnate Henry M. Flagler. 19 Four years later in 1909 -- and now we're 20 coming to the players in our game -- DeSoto County's 21 Albert W. Gilchrist who had been speaker of the 22 Florida House in 1905 under Broward stepped into the 23 executive office. With him came Lakeland's Park 24 Trammell as -- anybody know what Park Trammell 25 became that year -- Attorney General of Florida.


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1 When Gilchrist had presided over the house Trammell 2 had led the Senate. My great-grandfather Arthur B. 3 Canter, I'm proud to tell you, represented Polk in 4 the House during that legislative session. By 1911 5 Trammell prepared to run for governor. These men 6 had joined with like-minded leaders in 1910 to 7 support a constitutional amendment to permit the 8 state to address peninsular growth through creation 9 of new judicial circuits by legislation -- by the 10 legislature instead of by constitutional amendment. 11 The voters saw the wisdom of the plan and gave their 12 approval. Everything should be cut and dried at 13 that point, but things were not that simple. 14 Also on the ballot in 1910 was a constitutional 15 amendment calling for statewide prohibition on the 16 sale and use of alcoholic beverages. Turnout in 17 support of that measure -- even though it had 18 narrowly failed approval statewide -- swept into 19 office numerous legislators who did not fit the 20 'Progressive' mold of Gilchrist and Trammell. In 21 the Florida Senate the sudden power shift toward the 22 conservative side was seen with the election as 23 president of Lake City banker Fred Cone. Famed from 24 an 1888 incident in which he shot a Republican man 25 for having the temerity to claim the postmaster job


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1 at White Springs, Cone likely already saw himself as 2 North Florida's political savior. He burned with 3 ambition already in 1911 although those ambitions 4 would be frustrated until 1936 when he was elected 5 Governor. During his four year term as governor by 6 the way he created as his principal legacy the 7 licensing of automobile drivers. He did not do it 8 as you might think for reasons of safety on the 9 highways. He did it because he needed money to 10 create the highway patrol which he then staffed with 11 his friends. 12 So back in 1911 the stage was set for a little 13 political sausage making. A senate committee -- one 14 that reflected lawyerly progressive influence like 15 Trammell and Gilchrist would have encouraged, came 16 up with a judicial expansion plan that earned 17 endorsement from the state bar. It anticipated five 18 new circuits. One of them, the Eleventh would 19 embrace Orange, Osceola and Polk. And you have to 20 see Trammell's influence there. That was his vision 21 for a new circuit. 22 A Twelfth Circuit was to encompass Manatee, 23 DeSoto and Lee doubtlessly because that's what 24 Governor Gilchrist wanted. In Cone's eyes all these 25 new circuits were simply too much -- too much that


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1 is for Central and South Florida. On May 7 Cone's 2 ally Senator John B. Johnson of Live Oak -- and 3 remember Live Oak -- moved a substitute bill to 4 create three new judicial circuits instead of five. 5 The previously proposed Eleventh and Twelfth 6 Circuits suddenly collapsed into a Tenth Circuit 7 encompassing Polk, Manatee, DeSoto and Lee Counties. 8 I hope I don't have to say it, but Governor 9 Gilchrist didn't like this turn of affairs one bit, 10 so he promptly vetoed the bill. Cone meanwhile 11 wasn't amused by the governor or his veto. On May 12 22, 1911 he maneuvered the Senate into overriding 13 the governor's action. With that Gilchrist saw the 14 handwriting on the wall and caved in. He urged the 15 House to pass the override, and it did so. The new 16 law was approved May 27 and the Tenth Circuit came 17 into being June 10, 1911. 18 I should add quickly that the economic upturn 19 next following that of the early 1910's -- the 20 Florida Boom of the early 1920's -- propelled 21 Central and South Florida's growth to heights 22 theretofore unexpected. This justified in 1921 the 23 tumultuous break-up of DeSoto County into five 24 political subdivisions: DeSoto, Highlands, 25 Charlotte, Glades and Hardee -- let me stress Hardee


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1 for our Hardee lawyers here. Hardee County was 2 named for then -- Governor Cary A. Hardee of -- 3 anybody want to guess -- Live Oak. It was 4 apparently the price for his approving the bill to 5 name Hardee County after him. By then Manatee had 6 been out of the Tenth for six years thanks to one of 7 the first actions of Governor Park Trammell. Lee 8 had been out two years at that point. And we more 9 or less have what has ended up the Tenth Circuit. 10 If you will, having created the circuit and 11 assembled all the appropriate counties, let me turn 12 for a second -- really let me turn the clock back 13 and ask this question: what had court and judicial 14 life meant for area residents when the Tenth 15 Judicial Circuit was created, which is to say in 16 1911 and before? Please understand that, literally 17 and figuratively, it was a different world. 18 Specifically, it was a frontier world in which 19 respect for the law and its administration often 20 meant little. Soldiers had garrisoned area military 21 posts through much of the 1850's, and the Civil War 22 had brought military violence and destruction up and 23 down the Peace River where most frontier residents 24 then lived. Railroad construction produced movement 25 toward a more civilized society beginning in the


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1 1880's. Still, the railroad town of Arcadia was 2 renowned for gunfights in the streets during what 3 some people called the gay 90's. 4 It will come as no surprise to you out of this 5 situation a well-engrained propensity toward 6 violence endured into the twentieth century. This 7 state of affairs resulted, as more black residents 8 arrived to work phosphate mines and citrus groves, 9 in racial violence and repeated incidents of 10 lynchings. Not without a touch of irony, the 11 practice of lynching in the region owed much to a 12 Prohibition election held here in Polk County during 13 1885. In its aftermath, two pro-liquor men found 14 themselves the next year dragged by a mob from the 15 Bartow jail and strung up from an oak tree growing 16 in plain view of the county courthouse. In that 17 telling instance the victims were white. Bartow of 18 course is still known as the City of Oaks. 19 In such an environment, judicial officers 20 understandably strained to appear close to the 21 people. Judges of various stripes kept matters 22 basic and down to earth. Robes were not worn in 23 Polk County, for instance, until 1959 -- and with 24 good reason. Only an occasional jurist would 25 venture anything more than that common man approach


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1 to justice. Lawyers meanwhile often supported 2 themselves in other occupations. Future Congressman 3 Stephen M. Sparkman, to name one, launched his legal 4 career here in Polk County by teaching and serving 5 as county school superintendent. 6 Now, since the region's hard frontier times and 7 attitudes comes to us from many, many original 8 sources. One of them, even though the officer 9 referred to a place outside the Tenth -- today's 10 Tenth Circuit still represents the attitudes of many 11 a generation or more later. This is what he 12 recorded -- he's an Army officer. "Tampa is a small 13 town inhabited by the most worthless population in 14 the world. They seem to be the scum, well, refuse 15 of creation. There are three or four lawyers, as 16 many preachers, three stores, half a dozen grog 17 shops, and these live on each other. I do not 18 believe there is a dollar per head among them. They 19 hate the sight of an honest man." 20 Tampa particularly stood out as important prior 21 to Polk's creation in 1861 because area people went 22 there for any justice administered above the justice 23 of the peace level. A newspaper item from 1859 24 helps give an incite to the judicial demeanor of the 25 times and the atmosphere in the courtroom there.


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1 This is what it had to say: "We are informed that 2 in the performance of the duty of the judge, he 3 could not restrain the feelings of the man. The 4 tears which rolled down his manly cheeks did honor 5 to his heart, and the effect on the densely crowded 6 hall was electrical. Briny tears from many a 7 sunburnt, stalwart form plainly evinced how fully 8 the hearts of the audience beat in unison with that 9 of the presiding magistrate, whereupon people have 10 said they took the defendant out and lynched him. 11 In fact, the inconvenience of court in Tampa 12 played a large role in bringing about Polk's 13 creation. Area cattlemen and planters wanted local 14 juries and convenience in avoiding the toil of 15 travel over to Tampa. Given the Civil War's onset, 16 the joke at first was on them. The county struggled 17 to organize and failed even to identify a viable 18 county seat. Probably not until November 1866 was a 19 regular court session held. A pioneer recalled the 20 event this way: "The first court session ever held 21 in Polk County, as I now remember, was about two 22 miles south of the present site, in the old Baptist 23 church that stood on the banks of what was known 24 then as Six Mile Creek, Judge A.H. Bush presiding." 25 Unfortunately, local residents showed Judge Bush and


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1 his court so little respect that the proceedings 2 there were unable to empanel jurors. 3 Soon, though, the Reconstruction era arrived in 4 Florida and in 1868 Republican legislators quickly 5 set about regularizing the judicial system, 6 including circuit and local courts. This proved no 7 easy task in Tampa Bay's Sixth Judicial Circuit, 8 including Polk. The rigors of frontier travel taxed 9 judge, prosecutor and bar. Circuit prosector John 10 B. Stickney painted this picture of his journey from 11 Tampa to Bartow in 1869. "We were lucky getting 12 here just as we did, for it has commenced raining 13 since dinner, and traveling in an open buggy in the 14 rain is anything about agreeable. The creeks and 15 streams are nearly all flooded, and we had to go 16 through water up to the seat of the buggy. In fact, 17 last evening in crossing one creek, we thought it 18 flooded, and toted all our things across on a 19 crossing plank. I took all my clothes off, except 20 my shirt, and dove in, but fortunately the horses 21 just managed to get through without swimming. Had 22 we come by any other road we should have found 23 several places at least ten feet deep, but luckily 24 we hit just the right road." 25 In fairness, I'd stress that Stickney liked


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1 Polk County even though he felt it was quoting him 2 "too far from civilization." He philosophized, "I 3 can tell you 'traveling on the circuit' is not fun. 4 I work hard, and I earn all the money I get." 5 If Bartow seemed remote, then Stickney must 6 have positively quaked at the thought of venturing 7 to old Manatee County at Pine Level. Located on the 8 prairie adjacent to Horse Creek -- a dozen or so 9 miles west of Peace River and forty miles southeast 10 of today's Bradenton -- the site had little to 11 recommend it save for the fact that a majority of 12 old Manatee's population then lived in the lower 13 Peace River valley. Anyway a courthouse arose at 14 Pine Level. It was described as a "rough log house, 15 20 by 30, clapboard roof and puncheon floor with 16 seats of a similar material." Accommodations there 17 were sparse as noted in 1870. "Monday was court 18 day," a man recorded. "Every man had his blanket 19 and at night all gathered around large lightwood 20 fires, wrapped themselves in their blankets, and 21 slept as comfortably as if they had been in a first 22 class hotel." 23 The rigors of circuit life applied to the judge 24 as well as to lawyers, but whether it came from 25 political reasons or other reasons the judge also


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1 could become a personal target. Now, I know none of 2 you jurists here are familiar with that concept, but 3 let me offer an example. James T. Magbee is a 4 perfect case on point. One of the towering figures 5 of area history from the 1840's until his death in 6 the mid-1880's Magbee suffered more so than most 7 from the slings and arrows of outrageous fortune. 8 Having represented Hillsborough for six years in the 9 Legislature by 1853, he was said to come highly 10 recommended by the most intelligent and 11 distinguished citizens of the state, a fine man. 12 Five years later when he opposed the policies of a 13 group that included the editor of the Tampa 14 newspaper he suddenly became quote "undeniably a 15 blackguard." The editor added, "He has attained the 16 lowest abyss of moral imbecility and disrepute and 17 stands forth for all time to come as a warning to 18 others." Nothing personal intended. 19 Having as state senator nurtured Polk's 20 creation in 1961, Magbee committed what in some eyes 21 was an unpardonable sin after the war by becoming a 22 Republican and accepting the judgeship of the new 23 Sixth Judicial Circuit. Even then, a Tampa editor 24 was willing to admit, "Magbee is a lawyer of much 25 experience and we doubt not, will make a fair


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1 judge." The honeymoon didn't last. By late the 2 next year he was called quote, "a knave or a fool. 3 He is probably a compound of both." Opponents tried 4 to impeach him in 1870 and later that year at 5 Gainesville he was -- and I'm again quoting, 6 "Slapped into the street, kicked and cuffed, 7 buffeted and booted in a manner which evinced too 8 clearly that the person inflicting the chastisement 9 entertained no very high regard for the dignity of 10 the court." Y'all thought you had it bad, right? 11 Things went downhill from there. In 1872 the 12 only daily newspaper circulated widely in Florida 13 called him "a petty tyrant and a drunken ignoramus." 14 At Pine Level in 1873 he was shot at through an open 15 window. One paper reported of the event, "some 16 extravagant and reckless assassin in Manatee County 17 squandered a good load for a double-barreled gun by 18 expending it in a fruitless effort to murder Magbee. 19 If he had struck his mark and accomplished his 20 purpose he would not have obtained value received." 21 That wasn't the end of it. In 1874 Tampa 22 police arrested the judge for defending himself, 23 whereupon Magbee had to issue a writ of habeus 24 corpus ordering his own release. I'm not making 25 this up. More threats came in. "The judge is on


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1 alert," a report proclaimed, "and has contrived such 2 defense as will blow all rascals into eternity who 3 invade his yard." Finally in 1875 yet another 4 impeachment effort led to his resignation. This 5 didn't forestall an 1878 incident when he was 6 assaulted and beaten openly on the streets of Tampa. 7 The thing about Magbee though I think that's 8 important is through all of this he stood tall in a 9 professional sense. He continued to practice law, 10 while he also edited his own newspaper, the Tampa 11 Guardian, which earned respect for its quality 12 through the state and region. He also served for a 13 time as a federal official, and when he died in 14 Tampa in 1886 he remained a member of the State 15 Republican executive committee. 16 Judge Magbee, by no means, was the only person 17 though toward whom violence was aimed. Pioneer 18 George W. Hendry made this clear. "From many parts 19 of the South, men who were fleeing justice sought 20 seclusion...and to escape identity came to South 21 Florida," he observed. "Most of these people came 22 to Polk County. One prominent Jacksonville man said 23 to me that when a man got so mean that someone had 24 to kill him, he would get on his horse and come 500 25 miles to Polk County to get the job done...and he


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1 usually got it done in no uncertain way. 2 After six killings in six years a Fort Meade 3 man in 1877 commented, "Some would say jocularly, 4 when the unparalleled health of our country is 5 spoken of, and the very few who died naturally. We 6 have to kill men to recruit our graveyards." Even 7 when the law captured a malefactor, juries wouldn't 8 conflict. Frustrated Polk Sheriff C.C. Gresham 9 complained in 1883, "Don't bang the sheriff when he 10 has the opposition sometimes manifested in this 11 county." 12 Three years earlier cattleman William W. 13 Willingham had been found not guilty of a murder he 14 plainly comitted to -- and I'm quoting from the 15 newspaper -- "a perfect roar of cheers for the jury 16 for their verdict." An onlooker commented: "It is 17 no uncommon thing to hear some of the citizens of 18 the county say they believed Willingham killed 19 Julius Rockner, but as Rockner had at some time 20 killed a man and was a little dangerous if tampered 21 with too much, Willingham did a good thing and must 22 not be convicted." Rockner, as it happened had 23 killed Lawyer Hilliard Jones in Fort Meade two years 24 earlier. He put a bullet in Jones' brain after 25 Jones called Rockner a "damned flat-headed


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1 Dutchman." Interestingly enough another one of my 2 great-grandfathers was standing there when the 3 trigger was pulled. 4 Obviously many more examples along these same 5 lines could be offered to dating right into the 6 twentieth century and up to the creation of the 7 Tenth Judicial Circuit. But, if you'll allow me 8 I'll close but I'll do so by pointing out that 9 lawyers and judges such as James T. Magbee 10 courageously persisted against all odds in a 11 struggle to bring law and order to the frontier. 12 Violence and disrespect certainly touched 13 everywhere, but so, too, did that higher calling. 14 One of Magbee's friends, Tampa lawyer and 15 future governor, Ossian B. Hart, was well known to 16 many Polk Countians. He represented some as an 17 attorney and had been a lifelong friend of Jacob 18 Summerlin, who arranged for Polk's seat to be 19 settled here in Bartow and who built this building 20 here. Having founded Florida's Republican Party in 21 his Jacksonville law office in 1867, Hart summed up 22 that higher calling two years later when writing as 23 a member of the Supreme Court of Florida. Here's 24 what he said: "Whatever some men may chose to think 25 of others as men, the tribunal must everywhere be


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1 respected by at least implicit obedience to its 2 process. Without this, the fabric of jurisprudence, 3 erected by the experience of ages, the best 4 constituted safeguard of human rights, must fall. 5 Great, beneficial and beautiful as it is, it is a 6 delicate structure, and cannot maintain its 7 usefulness under frequent shocks of disrespect. It 8 has its enemies, as is patent in this case, so also 9 has everything that is beautiful and good." Thank 10 you. 11 JUDGE COWDEN: Thank you, Dr. Brown. 12 Some of you all may be familiar with this book. 13 We want to present A History of Polk County Court 14 System from 1861 to 1995 which was complied by 15 Ms. Ruster, one of our own -- and Ms. Ruster, are 16 you here? Oh, there she is. It's been signed by 17 some of the judges, but we want to present this to 18 you. 19 DR. BROWN: Thank you so very much and thank 20 you again for having me here today. 21 JUDGE COWDEN: Isn't he great? We'll take some 22 questions after a bit, but to keep things moving 23 what I want to do is to introduce to you next 24 Ms. Behnstedt. Patrice Behnstedt is a member of the 25 History Committee. She's been an assistant public


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1 defender for about five years. Before that I 2 believe for a year she was an assistant state 3 attorney in Miami. Her masters is in history and 4 she's going for her PhD in history, so she's very 5 fascinated with American History, and she wants to 6 talk to you about how the counties have changed. So 7 if you'll give Ms. Behnstedt your attention. 8 MS. BEHNSTEDT: You're going to see the maps 9 projected also on the screen, but they're a little 10 light, so I'm going to set up an easel also for it. 11 It was difficult to find maps that had the whole 12 State of Florida as well as the counties designated 13 on them. Judge Cowden has another skill besides 14 being a judge. 15 Most of the maps come from the census, and the 16 counties did change basically around the same time 17 as the census changed. As you can see this is a 18 census map from 1860. Can you see them? 19 MR. CROSBY: Let me take the easel to the 20 audience, and you can refer to the screen, and they 21 can look at the stuff on here. 22 MS. BEHNSTEDT: As you can see Polk County 23 wasn't even in existence yet in 1860 during the 24 census whereas Brevard and Hillsborough were 25 expounded out. Manatee expanded -- however we were


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1 founded in 1861. We are carved out of Hillsborough 2 County, and we go down a little bit into Brevard 3 County during this time. And Polk County as you'll 4 see on these maps -- and my presentation is very 5 short about the maps -- is Polk County basically 6 does not change shapes. You see many of the 7 counties change shapes. They become bigger, they 8 become smaller. Polk County stays basically the 9 same shape throughout all changes in the county. 10 Now in 1870 -- this is the map I love that 11 Judge Cowden presented for us because it's in color. 12 You'll see as other counties were founded Polk 13 basically stayed the same. Osceola became a county, 14 Manatee County. And look how big DeSoto County is 15 on these maps. 16 As the counties are reforming and forming you 17 see Polk -- there's very little changes about Polk 18 County. Now, this is the census of 1920 and 19 remember when the Tenth Circuit was founded we were 20 Manatee, DeSoto and Polk. As you notice Hardee 21 County and Highlands County weren't even in 22 existence yet. However, this all changed in 1921 23 when we became basically as we are today with Hardee 24 and Highlands. 25 Now, as Dr. Brown says Hardee County was formed


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1 and named after the governor at the time. Also I 2 don't know if he was related but at that time the 3 clerk in Hardee County was Mr. Hardee also. Hardee 4 County has a very good history of themselves on 5 their website. If you go to Hardee County's website 6 to the clerk of the courts they talk about how they 7 were founded and -- by the Governor and how Hardee 8 County was named after the county. But they also 9 have pictures of their courthouse, and their 10 courthouse was finished in 1926, and they have some 11 really good pictures which were kind of hard to blow 12 up of the Honorable George Hardee on their website. 13 He was a very stern looking man, the clerk with the 14 mustache. 15 After 1921 Polk, Hardee and Highlands became 16 the Tenth Circuit as we know it today. And that's 17 about all that I have. It's just the maps and to 18 followup a little bit on what Dr. Brown said. I'm 19 sure he'll be able to add a little more comments 20 about why the -- how the map was divided up. But as 21 you can see from -- we are one of the few areas that 22 from the time we were founded Polk, Highlands and 23 Hardee all basically stayed the same size, and they 24 stayed the same shape while other counties around us 25 because of the census had moved and divided up. We


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1 were very fortunate in the fact that we have all 2 stayed the same in that time. 3 Also in closing the Tenth Circuit has a very 4 rich history, and we need to remember as the judges 5 said before that we need to preserve that history. 6 So if anybody has pictures of the Tenth Circuit or 7 any pictures of judges if they could bring them to 8 either Sam Crosby or Judge Green then she would be 9 more happy -- Judge Kaylor started a website on the 10 Polk County website if you look on what comes up on 11 the clerk's website you'll see what we started 12 adding pictures more and more to the website. So 13 we're looking for more pictures and more oral 14 histories of the Tenth Circuit. That's it. 15 JUDGE RAIDEN: I don't know if you're talking 16 about the same website, but Judge Kaylor has one on 17 historic courthouses that is accessible through the 18 Tenth Circuit, and I wrote some of it. 19 MS. BEHNSTEDT: She has that one and she has 20 another one that she started just on Polk County 21 history. 22 JUDGE COWDEN: We're not on a script, but in 23 any event if do you get a chance to go to the 24 website Judge Kaylor has collected over the years 25 photographs, and she's probably visited nearly every


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1 courthouse in the entire State of Florida and has 2 photographs of them, and she's deposited them onto 3 the website as they are connected with each of the 4 counties, very beautiful historical information. 5 Does anyone here have the opportunity -- and I'm 6 going to put in my plug for Highlands County, all 7 right, how is that, Judge Langford, who is also a 8 Highlands Countian. And if any of you have ever 9 been or do get a chance to practice within Highlands 10 County take a moment -- like go a few minutes before 11 your hearing or once its done and take a chance to 12 look at the preservation of the courthouse. 13 There was a decision made back when they were 14 trying to figure out what to do with the building. 15 It needed updating, it needed preserving, so rather 16 than going off site kind of the way we did here -- 17 you know, the Tenth Circuit is what it is, we are 18 big. Bartow had to have a larger courthouse than 19 would fit within the historic courthouse, so this 20 courthouse had to be built because there's just too 21 many people and there's too much business going on 22 for this number of people to remain in the old 23 courthouse. But Hardee County and Highlands County 24 decided, nope, we're still not too big for our 25 courthouse.


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1 So what they did in Highlands was built onto 2 the back of the courthouse and attached the new wing 3 adding more courthouses and some judicial offices to 4 the back side of the courthouse. So what you can do 5 is -- it's almost like you can stand on a scaffold. 6 You get up to the third floor and you're right there 7 looking at the old architecture of the Highlands 8 County Courthouse and you can see the cornices and 9 the columns and the beautiful old architecture 10 that's been preserved. They are still going through 11 restoration efforts. They're still painting and 12 plastering and preserving the outside of that 13 building and the inside. But if you sit in one of 14 the attorneys conference rooms before your hearing 15 you can look at the old concrete architecture and 16 they've installed green glass in place of the 17 windows and you kind of feel like you're in a 18 museum. Can you tell I love it a little bit? But 19 it's just a beautiful piece of historical 20 preservation. 21 We don't have enough oral histories. We want 22 more oral histories, and I'm sure that Judge Mary 23 Catherine Green would echo that. We've collected a 24 few over the years. We've collected from Judge 25 Jesse Willson. Does anybody know who that is?


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1 Jesse Willson, W-i-l-l-s-o-n, the connection between 2 Jesse Willson and the Willson American Inn of Court. 3 And he has a fascinating oral history where he was 4 interviewed by our very own Judge Durrance who sat 5 and talked to him and learned about what Judge 6 Willson had to say. 7 Who was your other oral history? Marshall 8 Edwards. Marshall Edwards is -- he has a 9 fascinating old Polk County history to talk about 10 what it was like, what it was like being a lawyer, 11 what was like practicing, what some of the judges 12 were like back then, and it was an interesting, 13 interesting story. It's a wonderful piece of 14 history. So if you know stuff or you talk to people 15 or you have someone in your family that can add to 16 it -- for instance you may know S.L. Frisbee. 17 Mr. Frisbee comes from a long line of reporters from 18 the Polk County Democrat so his information is 19 fascinating, and the records that he has are just a 20 world of information. Please continue to add to 21 that. Don't lose it. 22 What we want to do now before we keep going on 23 is questions. Do you have any questions for 24 Dr. Brown? Do you have any questions for 25 Ms. Behnstedt, for Judge Green? Judge Oliver Green?


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1 JUDGE OLIVER GREEN: Well, it distresses me to 2 see Polk not correctly characterized on the map, but 3 how did we get the designation Imperial? 4 DR. BROWN: Well, first of all there are all 5 sorts of stories. The best I can tell -- now, one 6 unfortunate rumor has gone around and even persisted 7 I think is it had some reference to the Ku Klux 8 Klan. That's not the case. I mentioned in there 9 about in 1911 the expansion of the railroads but the 10 good roads were still a dream. Under Governor 11 Trammell the state road department was going to be 12 created and Polk would become the laboratory for the 13 development of improved mechanized -- mechanized 14 roads and it began presenting itself in a public 15 relations blitz, and that's the first time I ever 16 saw Imperial Polk used in connection with the 17 publicity growing out of the good roads campaigns of 18 1914 to 1916. 19 MR. KAYLOR: How long did it take people to get 20 from Polk County to Tampa when they had to go to 21 court every day? 22 DR. BROWN: At least two days according to the 23 weather. I saw accounts of people that took as much 24 as four or five days to get over there. It wasn't 25 easy even under the best of circumstances.


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1 Apparently over somewhere around Brandon there was a 2 sand hill that the road crossed that -- it was just 3 almost impossible to get a wagon up. And you see 4 all these complaints about, you know, how terrible 5 it is having to deal once again with going up that 6 hill on the way to Tampa. But too the Tampans were 7 different than the people over here and there was a 8 lot of resentment. 9 Interestingly after the Civil War the wealth 10 was over here rather than Tampa because the cattle 11 industry finally got off the ground after the Civil 12 War. Gold was flooding in from Cuba beginning 13 around 1869, and at the same time Tampa was sinking 14 lower and lower. It got so bad in Tampa that in 15 1872 they unincorporated the city. They didn't have 16 a city government for several years. So the 17 relationship was never very close, and there was a 18 lot of resentments, a lot of intrigue. I read that 19 Army officer's quote about how he thought everybody 20 was crooks over there, and that's what most of the 21 people here felt too. 22 I wanted to -- talking about the Tenth Circuit 23 website if y'all would forgive me for shameless self 24 promotion, but I think Judge Durrance will stick 25 with me on this one because it's about Fort Meade.


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1 On the website is a presentation that was given not 2 so long ago on the women in the Tenth Circuit which 3 was wonderful. Dr. Denham and I have collaborated 4 on a book of essays about little known women but who 5 did spectacular things in Georgia and Florida. And 6 he wrote about Virginia Brandon after whom 7 Brandon -- who was really the principal developer of 8 Brandon and who lived here in Polk County for years 9 before she moved over there with her husband. And I 10 wrote about Gertrude Galinsky, and Gertrude's father 11 was Philip Galinsky, a merchant in Bartow then in 12 Fort Meade, also a member of the Polk County 13 commission at one point. I believe she was the 14 first woman lawyer who passed the bar in Florida. 15 Now, her -- a dear friend of her's is credited as 16 being -- Louise Pinnell is credited as being the 17 first. Her family accounts within the Galinsky 18 family insist that she was the first sworn in in the 19 Leon County Circuit Court whereas Louise was sworn 20 in in the Supreme Court, and they kept their records 21 and the records of Leon County the bar -- what would 22 you call it -- bar docket was destroyed there. And 23 there are no newspapers from -- oddly enough -- that 24 particular time. 25 But she went on not only to be a special


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1 assistant to Governor Napoleon Bonaparte Broward but 2 then personal secretary to U.S. Senator William J. 3 Bryan. She became a political consultant in her own 4 right, called herself Ms. Dynamite, became the 5 Deputy Federal U.S. Revenue Collector for Florida 6 for years. In 1921 she convened the Florida League 7 of Women Voters for the first time in honor of the 8 passage of women's suffrage. She later served on 9 the Democratic National Committee and on and on. 10 Not bad for a Polk County girl. 11 And in the meantime we know she went back -- 12 she was unable to practice law assuming she was 13 admitted in 1899. She tried in Jacksonville and 14 they just weren't ready. So she became a legal 15 secretary and a very highly prized one apparently. 16 But in 1921 she went back and took what was then the 17 new state bar examination -- the process of course 18 had changed -- passed it with flying colors and 19 practiced law in Jacksonville for years after that. 20 So a remarkable woman closely associated with the 21 law, closely associated with Florida government from 22 right here in Polk County, a pioneer. Like I said, 23 terrible self promotion. 24 AUDIENCE MEMBER: Are any of the court files 25 from the 1800's still around or has that just been


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1 lost to the ages? 2 DR. BROWN: I believe they sure are. 3 JUDGE MARY CATHERINE GREEN: If I can add to 4 this about the court files. 5 JUDGE COWDEN: Why don't you come up to the 6 podium, get a microphone. 7 JUDGE MARY CATHERINE GREEN: About the court 8 files I want to credit Park Trammell, Jr., who is 9 the volunteer for the Florida Supreme Court 10 Historical Society, the only volunteer for the 11 Florida Supreme Court Historical Society. If you 12 call the Florida Supreme Court Historical Society 13 he's the one that will get the message on the 14 recorder. So you can you get the picture about his 15 dedication to the history of the court system. 16 To answer your question Park Trammell, Jr., and 17 some other people went to the Florida Bar a few 18 years ago and retrieved the historical files that 19 were up in the basement eroding and took them to the 20 Supreme Court. Now, the problem is Florida Supreme 21 Court Historical Society is aptly named for the 22 history of the Florida Supreme Court. But they were 23 trying to preserve the bar history and recognized 24 that and retrieved the files and now keep them at 25 the Florida Supreme Court.


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1 And if you will please forgive me I want to -- 2 I don't feel like I'm qualified to add to anything 3 that Dr. Brown says, but I want to supplement 4 something that he said. I want to recognize the 5 Boswell Dunlap Law Firm for having preserved that 6 wonderful, wonderful montage picture of the members 7 of the Florida Bar from 1899. Am I remembering that 8 right? And they have one of the originals. 9 Now, Park Trammell, Jr., told me that there's 10 only like five of these. The Florida Supreme Court 11 Historical Society has one, and we are so fortunate 12 that here in Polk County we have a local law firm 13 that proudly has cared for an original. And it is 14 my understanding of that original montage that these 15 are members of the Florida Bar that were sworn in by 16 the Florida Supreme Court. And I know that the 17 Florida Association of Women Lawyers does research, 18 and they decided to gear their research based on 19 Florida Supreme Court records and it's because 20 Ms. Pinnell and another -- there's two women lawyers 21 in that montage. Because they're in this montage 22 they are credited with being the first and second 23 women lawyers of the Florida Bar. 24 Now, please forgive me, Dr. Brown, I may have 25 this wrong. But back then people became members of


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1 the bar because they are sworn in by the Florida 2 Supreme Court. They may also have been sworn in 3 locally. 4 DR. BROWN: That's correct. 5 JUDGE MARY CATHERINE GREEN: But it's the local 6 records that we are lacking which is why the Florida 7 Association of Women Lawyers went by that one photo, 8 the 1899 bar, which is my understanding the first 9 documentation of the members of the Florida Bar. 10 But we've had a lot of history lost by people who 11 were sworn in by circuit judges locally and didn't 12 do an oral examination before the Florida Supreme 13 Court which is what Ms. Dynamite -- why her records 14 may not jibe with these records of the Florida 15 Supreme Court because she was sworn in locally. 16 DR. BROWN: That's correct. 17 JUDGE MARY CATHERINE GREEN: Which is so sad 18 that we don't have all of those records of our other 19 pioneers in the practice. Well, thank you very 20 much. 21 JUDGE COWDEN: Any other questions? Anything 22 else you want to add Judge Raiden, another resident 23 historian? 24 JUDGE RAIDEN: I'm just proud to be here. I 25 made into Dr. Brown's book. I'm going to get him to


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1 sign it. 2 DR. BROWN: You're obviously a fine man as well 3 as outstanding -- 4 JUDGE COWDEN: Are there any other questions? 5 Does anybody else have any questions, concerns, want 6 to pose anything to the group here to Dr. Brown 7 while we've got him as captive? The books are 8 across the street. There's going to be books of his 9 across the street. Let me make sure -- there's a 10 few more things that I need to make sure before I 11 let you go. I'm not letting y'all go yet. 12 Make sure that you've got in your packet -- you 13 do get continuing legal education so don't forget to 14 fill out your paperwork and get on line and get your 15 CLE. All right. So I wanted to make sure that you 16 remembered that. 17 Once again we do want to say thank you to the 18 judges, to the history committee, to court 19 technology, to court administration, Judge Green, 20 Sam Crosby, the co-chairs, Judge Langford, the chair 21 of the history committee. And we are wanting you to 22 continue to participate as we celebrate the history 23 and as we continue to remember those that have gone 24 before. But do you know what we all are? We're the 25 history. Twenty, 30 years from now people are going


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1 to be remembering what we're doing here so what we 2 need to do is not fall into the same trap that Judge 3 Green was talking about where the records are lost. 4 We need to keep the records. We need to keep the 5 stories to make sure that we reserve our history. 6 If there's nothing further to do -- Patrice is 7 indicating that there's something further. 8 MS. BEHNSTEDT: I want to do a commercial. 9 Tonight when Dr. Brown speaks at Florida Southern 10 it's my understanding that there will be books there 11 for him to sign at that time. Today we've arranged 12 for him to walk over later to the museum and sign 13 books over there so they'll be ready for the 14 sesquicentennial celebration. However he's going to 15 sign enough to -- I know people don't have time 16 today to run over there and buy one. He's going to 17 sign enough so they will be for sale in the museum 18 for the upcoming time for the sesquicentennial and 19 for the centennial celebration. 20 AUDIENCE MEMBER: Is he speaking tonight at 21 Southern too? 22 MS. BEHNSTEDT: Yes, at Florida Southern, and 23 there will be a table there with the books to buy 24 and -- 25 DR. BROWN: We might mention Polk County


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1 History was published by the Polk County Historical 2 Association. They are their books and so all the 3 proceeds go to the museum and Polk County Historical 4 Association. 5 MS. BEHNSTEDT: So he has very graciously said 6 he will sign some because people are really busy 7 today. They probably don't have time to go right 8 now and get them, but they will be available for 9 sale Saturday. 10 JUDGE COWDEN: This is in your packet 11 Dr. Brown's speech is this evening. Also Saturday 12 the old courthouse, 150th -- y'all say that fast 13 three times. Sesquicentennial, all right there you 14 go. Good for your brain. Attend this if you have 15 the ability to do it, but certainly even if you 16 don't get on over there to the old courthouse 17 whenever you have time. 18 If there's nothing further this meeting is 19 adjourned with our thanks and appreciation. 20 Thank you, Dr. Brown. Good luck to you all. 21 22 23 24 25


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1 2 CERTIFICATE OF REPORTER 3 4 STATE OF FLORIDA 5 COUNTY OF POLK 6 7 I, Wendy Wyncoop, Florida Professional 8 Reporter, do hereby certify that I was authorized to and 9 did report in Stenotypy and electronically the foregoing 10 proceedings and evidence in the captioned case and that 11 the foregoing pages constitute a true and correct 12 transcription of my recordings thereof. 13 14 IN WITNESS WHEREOF, I have hereunto affixed my 15 hand this 10th day of February 2011, at Lakeland, Polk 16 County, Florida. 17 18 19 20 21 22 _______________________________________ 23 Wendy Wyncoop, FPR 24 SCLAFANI WILLIAMS COURT REPORTERS, INC. 25

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