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Newsletter                                                                                                     October 1997 - Page 1

                                                          September 1997

This photograph provided by the descendants of Albert Milani shows the stone artisan carving one the four large marble eagles that
stand atop the front of the 63-year-old U.S. Post Office and Courthouse on Main Street in Knoxville. One of the completed eagles is at
the right. We do not know the exact date this photograph was made, but it was sometime in the 1932-1934 period. The courthouse was
opened and dedicated in February 1934. The photograph was provided to us by Mrs. Madlyn Milani, Knoxville, whose husband was
Thomas Albert Milani, son of the sculptor.

Milani Remembered                             1960s—in the courthouse that                   and even at his age at that time,
A reference to Albert Milani in               bears the marble eagles that Mr.               his fingers were very large and
the May 13, 1997, newsletter                  Milani carved.                                 very strong—you could tell that
reminded Society member and                                                                  when you shook hands with
attorney G. Wilson Horde of the               “He was a very interesting man                 him,” Wilson wrote in a note to
time that Mr. Milani was a                    to talk to, and I couldn’t help but            the Society.
witness in a trial before Judge               notice his hands—being a
Robert L. Taylor in the mid-                  sculptor he had very large hands                                   continued on page 2

                                                                            The Historical Society of the United States District Court
                                                                                  For The Eastern District of Tennessee, Inc.
Newsletter                                                                                       October 1997 - Page 2

Upon looking at the photograph,      manuscript to be submitted in             to 1949. The transcript of that
Judge Jarvis commented that he       October to a publisher who has            interview, which took place at
knew Mr. Milani and said, “He        shown interest in the work. We            her Chattanooga home August
was a great man.” Judge Jarvis       hope to have the book available           24, 1993, is on file with the
recalled that he went to school      in 1998. s                                Society’s collection of other oral
with one of Mr. Milani’s                                                       histories. s
daughters. The Judge also
recalled that his father, attorney   Our Files Are
Howard Jarvis, did some work         Growing                                   More Oral Histories
for Mr. Milani.
                                     The Society has accumulated so            The Society has added four more
                                     many papers and other items that          oral histories to its collection,
Mr. Milani died in 1977. In the
                                     we thought it would be wise to            bringing to 24 the total number
newspaper story about his death,
                                     compile a master list of the things       of histories now on hand—a
he was described as “one of the
                                     we have before the collection             number that might be higher than
last of the skilled artists and
                                     grows out of hand. We asked UT            that of any other federal court
artisans with stone in this area.”
                                     Special Collections Library               history organization. The latest
                                     personnel to help us find a               additions to the collection are the
Another note about the Milani
                                     student willing to volunteer his          recollections of: retired U.S.
family: The photograph on page
                                     or her services to the Society to         District Judge L. Clure Morton;
1 was hand-carried to the court
                                     compile such a list. They                 his brother, Knoxville lawyer
by Mr. Milani’s great-
                                     recommended UT history                    George W. Morton; Mrs.
granddaughter, Wendy Milani
                                     graduate Mary Ellen Coleman,              Katharine Hastings, Chat-
Buckner, who has an indirect
                                     who is in her third year at the UT        tanooga, daughter of former U.S.
court connection—she works for
                                     College of Law, and she has been          District Judge Leslie Darr; and
lawyers. She is a paralegal for
                                     working diligently two or three           Mrs. Betty Cutchin, Chat-
Knoxville attorneys Stephen
                                     hours a week cataloging the               tanooga, longtime secretary to
Wise and William Reeves. s
                                     several file drawers full of              Judge Darr.
                                     materials the Society has
                                                                               Mrs. Hastings and Mrs. Cutchin
History Book                         accumulated. We will try to
                                                                               wrote letters of appreciation to
                                     publish the list, or finder’s guide,
Progressing                          when it is completed. The Society         the Society, and we are reprinting
Historian Pat Howard is putting      is grateful to Mary Ellen for her         them below:
the finishing touches on the         fine work. s
                                                                                     It was with a great deal of
manuscript that traces the 200-                                                   interest that I read the current
year history of the U.S. District                                                 [March 1997] issue of the
Court for the Eastern District of    Mrs. Manson Dies                             Historical Society’s newsletter.
Tennessee. The manuscript is                                                      The reference to my father was
                                     Ellen Taylor Manson, daughter of             understandably of special interest
complete except for points of                                                     to me. Betty Cutchin and I had a
                                     U.S. District Judge George C.
information that Pat needed to                                                    long conversation about the
                                     Taylor, died June 15. She made
research     further     before                                                   publication and the many
                                     a great contribution to the                  memories it evoked.
incorporating into the history.
                                     Society’s work by consenting to
Her revisions and additions will                                                    Please accept my deep
                                     an interview about her father,
be completed in time for the                                                      appreciation for bringing about
                                     who served the court from 1928

                                                              The Historical Society of the United States District Court
                                                                    For The Eastern District of Tennessee, Inc.
Newsletter                                                                                             October 1997 - Page 3

  the placement of my father’s           to my grandfather, who was the                    I had the opportunity to appear
  papers in the Chattanooga-             assistant    postmaster       for              before Judge Wilson on a number
  Hamilton County public library.        Chattanooga in the ’40s and ’50s.              of occasions fairly early in my
                                         I have frequently been told that               legal career. I was impressed with
     Among the items of special          he would state:                                his courtesy, patience, and legal
  interest was the notice of Mrs.                                                       knowledge. He gave a new
  Florence Taylor’s death and the              We have expanded this                    dimension to the stock phrase
  article about Judge Wilson. Many          great country west. The                     “well-versed in the law.” He had
  times my parents had the                  rivers have been dammed.                    always read the papers the parties
  pleasure of friendship with “Little       There are no more frontiers                 had submitted on a point and had
  Bob” and Florence.                        to conquer. Man’s last great                a knack for focusing on the core
                                            adventure is to be able to                  of the dispute. He was attentive
     My father was very fond of             successfully cross the street               to witnesses at trial and tried to
  Judge Wilson and was his strong           at 9th and Georgia Avenue.                  make them as comfortable as
  supporter and sometimes mentor.                                                       possible when they were on the
                                            My grandfather has been dead                “hot seat.”
             With warm wishes,           since the 1950s. I sometimes
             Katharine Darr Hastings     wonder what he would have                          Among all my memories of
                                         thought of our explorations in                 Judge Wilson, one trial will stand
                                         space, the automation of the post              out. A gentleman sued TVA under
                                         office, and our current court                  the employment discrimination
    Friday’s meeting (April 18,
                                         structures.                                    statutes, claiming that he had
  1997) with you (Don K. Ferguson,
                                                                                        been unfairly disciplined. He
  newsletter editor) and Katharine
                                            I also wanted to share with you             represented himself. I was the
  was fun. It triggered thoughts,
                                         one brief anecdote from Judge                  lead attorney for TVA. The case
  emotions and memories of my
                                         Frank W. Wilson. I can still vividly           went to a bench trial before Judge
  days in Judge Darr’s office.
                                         remember my first trial before                 Wilson. The plaintiff was
                                         Judge Wilson. Judge Wilson had                 obviously lost in the courtroom.
             With best wishes, I am
                                         called me to the podium to ask                 He had no idea how to examine
                                         what our position was on various               a witness or introduce an exhibit.
             Betty Cutchin
                                         matters. I had tried to keep my                Judge Wilson, in a very gentle
                                         options open when he made the                  manner, managed to help the
                                         following statement: “The Federal              plaintiff tell his story without
Other letters to the Society:            Rules of Civil Procedure allow for             trying the plaintiff’s case for him.
                                         pleading alternate theories, but               He gave him wide latitude on
                                         this Court does not allow a party              procedural matters, but he would
     [Chairman Jack Wheeler]
                                         to rely on alternate facts.” Judge             rein him back in if he strayed too
  asked for anecdotes concerning
                                         Wilson was a great man who                     far. With the benefit of his wide
  the federal courthouse. As we all
                                         attempted to train many of us in               experience and his personality,
  know, the courthouse in
                                         the realities of the law.                      he did what he could to give the
  Chattanooga has always housed
                                                                                        plaintiff his day in court without
  the post office in addition to the
                                                         Very truly yours,              tipping the scales of justice
  federal courtrooms and other
                                                         Harry F. Burnette              unfairly. It was an impressive
  federal offices. Until recent years,
                                                         Chattanooga                    performance. I would add that
  the federal courthouse was the
                                                                                        when I stood up, he held me to
  “main” post office for
                                                                                        the standard he expected from all
                                            Judge Milburn’s history of                  attorneys in his courtroom.
     Both my father (Harry G.            Judge Wilson in the March 1997
                                         newsletter caught my attention.                  I deeply regretted his passing.
  Brunette) and my grandfather (my
                                         While I have no doubt that many                He set an example for us all.
  mother’s father, George Forbes)
  worked for the post office. Almost     attorneys can (and have) told
                                         similar stories about Judge                          Sincerely,
  every time I walk from my office
                                         Wilson, I wanted to share my                         Thomas F. Fine
  at 713 Cherry Street to the federal
                                         experiences with him, which you                      Assistant General Counsel
  courthouse, I am reminded of a
                                         can use as you see fit.                              Tennessee Valley Authority
  statement that has been attributed

                                                                    The Historical Society of the United States District Court
                                                                          For The Eastern District of Tennessee, Inc.
Newsletter                                                                                           October 1997 - Page 4

Court History Trivia                      Trivia Questions” by Tulsa Law           Douglas had closer ties to East
                                          School Professor Bernard                 Tennessee than any other U.S.
What United States Supreme                Schwartz in the Quarterly, the           Supreme Court justice in recent
Court justice appointed the first         newsletter of The Supreme Court          history. A hiking enthusiast and
female law clerk?                         Historical Society. The newsletter       outdoorsman, he visited this
                   ***                    was passed to us by Knoxville
                                          deputy court clerk and Historical
                                                                                   region from time to time to hike
                                                                                   in the Smokies with fellow hiking
Answer: Justice William O.
                                          Society member Dorothy Parker,           enthusiast and outdoorsman
Douglas. He appointed Lucille
                                          whose husband, Travis, is a              Harvey Broome, who served as
Lomen in 1944, becoming the
                                          member of The Supreme Court              law clerk during the 1950s and
first member of the high court to
                                          Historical Society.)                     1960s for U.S. District Judge
have a woman law clerk.
                                                                                   Robert L. Taylor and earlier for
(This information came from an            A note of interest to Eastern            U.S. Circuit Judge Xen Hicks. s
article titled “Supreme Court             District readers is that Justice

  THE UNITED STATES DISTRICT COURT            History Around the Sixth Circuit
           TENNESSEE, INC.
                                              By Rita Wallace
           Honorary Chairman                  Circuit Historian
      The Honorable James H. Jarvis
     Chief United States District Judge

               John W. Wheeler                The revised history of the Sixth Circuit continues to progress
                  Chairman                    on schedule. The history will be accessible on the judicial
               Jack B. Draper                 intranet through the Sixth Circuit Library home page, which
               Vice Chairman                  will go up within the next month. Not only will the history give
              Northern Division
                                              a short biography of each judge, but it will also include links to
              T. Maxfield Bahner
                 Chattanooga                  opinions, a bibliography, and the location of judges’ papers
                Vice Chairman
              Southern Division               that have been donated. A history published in book form will
                  Lacy West                   be available sometime in 1998.
                Vice Chairman
             Northeastern Division
                                              The court’s oral history project is progressing with the
                Jack M. Irion
                 Shelbyville                  transcription and editing of the interviews with Judges Lively,
               Vice Chairman
             Winchester Division              Peck, Brown, Engel and Celebrezze. In the works for the new
                 Roy L. Aaron                 year are interviews with Judge Leroy J. Contie, Jr., of Akron,
                  Secretary                   Ohio, and Judge Harry W. Wellford of Memphis.

                                              The Historical Society for the U.S. District Court for the Eastern
            R. Murry Hawkins
                  Clerk                       District of Michigan has constructed a traveling exhibit about
       Eastern District of Tennessee
                                              the court’s more interesting and precedent-setting cases, and it
               Don K. Ferguson
              Chief Deputy Clerk              will be on display during the Society’s October meeting.
               Newsletter Editor

                                                                  The Historical Society of the United States District Court
                                                                        For The Eastern District of Tennessee, Inc.

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