Payne, Mary Libby

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Mississippi College School of Law

Mississippi College Law Review Volume 4 Issue 1 Article 4 1984 Judge Robert G. Gillespie Mary Libby Payne Follow this and additional works at: https://dc.law.mc.edu/lawreview  Part of the Law Commons Custom Citation 4 Miss. C. L. Rev. vii (1983-1984) This Comment is brought to you for free and open access by MC Law Digital Commons. It has been accepted for inclusion in Mississippi College Law Review by an authorized editor of MC Law Digital Commons. For more information, please contact walter@mc.edu. IN MEMORIAMJUDGE ROBERT G. GILLESPIEMary Libby Payne*On January 31, 1983, Robert G. Gillespie went home to bewith the Lord. His many friends all miss him but the students andfaculty of Mississippi College School of Law acutely experiencedloss. He was our teacher, confidant, and friend. "Judge," as hewas known, is greatly missed.Robert G. Gillespie was born on September 17, 1903, inMadison, Alabama. Although he attended the University of Ala-bama Law School, he dropped out for financial reasons. He stud-ied for and passed the Mississippi bar examination and was ad-mitted to practice in 1927. He served as a Special Agent of theFederal Bureau of Investigation until 1935 when he had to resign,being a victim of tuberculosis. After recovery at the MississippiState Sanitorium, he entered private practice in Meridian. Hislaw partner, Thomas L. Bailey, was elected to the Governorship in1943, but Gillespie continued in private practice until appointed tothe supreme court in 1954. In 1971, he was elevated to the post ofChief Justice for the State of Mississippi.. After retiring from the court on August 1, 1977, Judge be-came a Professor of Law at Mississippi College, and he beganteaching later that month. During his tenure at Mississippi Col-lege School of Law, he endeared himself to the students, and theyto him. Torts, evidence, remedies and worker's compensation werehis subjects. After retirement from M.C. in 1981, he came back tohelp coach the appellate advocacy teams who were entering re-gional competition.A delightful colleague, Judge brought cheer as well as dignityto any room he visited. He was never too busy to take the initia-tive to drop in for a short chat. He had the unusual ability ofmaking everyone around him feel like an individual of genuineworth. On the occasion of his retirement from the faculty, hewrote letters to his colleagues. I cherish mine which said:* B.A., University of Mississippi, 1954; J.D., University of Mississippi, 1955. Profes-sor of Law and first Dean, Mississippi College School of Law.MISSISSIPPI COLLEGE LAW REVIEWWhen you asked me to teach at the Mississippi College Schoolof Law, I accepted because of the challenge and because I had al-ways had an idea it was something I would like to try. That was fouryears ago-four of the very best years of my life. Looking back nowit seems that my life would not have been completely fulfilled with-out this experience. I thank you for making this possible for me. Ishall always have an interest in the School of Law and believe itsfuture is great.Judge had many loves. He never forgot his Alma Mater, theUniversity of Alabama. In fact, his last published work was apiece in a compilation of thirty-three essays by people who werepart of the colorful history of the University.' Judge's article wasentitled High Standards.It is interesting to know how Judge got to the University ofAlabama in the first place. "Certain things that happen in a per-son's life are pivotal," Judge told his son one day. One of thosepivotal things happened when Judge was about fourteen years old.He had suffered from a childhood disease that had caused him tohave to stay out of school. After he recuperated, he would huntwith his father and spend time working with him. They had al-most decided for him to drop out of school entirely because "hecould make just as good use of his time on the farm as in theclassroom." Then one day a man drove into their yard and talkedto his father about Robert's enrolling in a prep school in Hunts-ville. They would provide a full scholarship if he would just go toHuntsville and play football. Judge grinned as he told the storyand said, "I played in the first football game I ever saw." As aresult of his playing football at that prep school at Huntsville, hewas offered a football scholarship to the University of Alabama.He played first string on the team with Johnny Mack Brown, butthen he dropped football in order to go to law school full time."Times were so hard back then everyone had to work two or threejobs to stay in college." Ultimately, Judge had to leave, a victimof economic distress.In spite of all the obstacles to Judge's formal education, hehad an insatiable appetite for learning. His example was an inspi-ration to us all. At the end of his first year of teaching at Missis-sippi College-when he was seventy-five years of age-he spent asummer in England at Magdalen College of Oxford University1. WHEN MOTHER CALLS-SESQUICENTENNIAL REMINISCENCES BY UNIVERSITY OFALABAMA ALUMNI (1981).[Vol. 4:viiJUDGE ROBERT G. GILLESPIEstudying comparative legal systems. Never letting age or infirmitydampen his zest for life, he enjoyed law, literature and historyuntil the end.Beauty and blessings were loves of his life. As a grower ofhybrid roses, he appreciated and nurtured God's creations. As alover of people, he shared his roses wherever he went. Roses in theState Capitol, the Gartin Justice Building, or the M.C. School ofLaw were silent reminders that this gentle man had passed thatway.Judge Gillespie loved his work. He was in the FBI during theJohn Dillenger days, and many a happy hour he talked aboutthose dangerous yet exciting adventures. But then tuberculosis en-ded his career in law enforcement. He would tell of how in the30's God brought blessing from the devastation of that dread dis-ease. He had not known what he would do-with a family to sup-port and his inability to work. He would then tell his listeners:"One day Dr. Boswell, the director of the Sanitorium, said 'Gilles-pie, I've looked at your x-rays and I believe you can get well.'"Then Judge would say,When I heard that, I began to believe I could too. And look whathappened. Back in Mississippi, I got well, and began to practice law.The worst thing in my life was the best thing that ever happened tome. The same will be true for you, too. Just look for the silver liningto your dark cloud.An active trial lawyer, he was well respected by the Lauder-dale County Bar and greatly missed when he was appointed to thesupreme court. When he arrived at the court, his desk was stackedwith records, all of which had to be read and opinions reached.After worrying about the enormity of the task and wonderingwhether or not he was equal to it, he finally decided that firstafternoon to put away all of the records but one. He would readand concentrate on that one until it was finished. Only then hewould take out another record and begin to tackle it.He had the marvelous ability to set immediate, attainablegoals in pursuit of higher, more difficult ones. Judge told aboutbeing involved in a fishing accident in Warren County. He couldfeel himself losing consciousness. It was too much to try to holdout until he got to the hospital. He determined to stay awake untilthey got to the bridge. It was flood time, and there was a possibil-ity the bridge would be closed, requiring a long and arduous de-tour. Just the thought of it might have brought despair, so he kept1983]MISSISSIPPI COLLEGE LAW REVIEWhis mind on the goal of the bridge. Theirs was the last car to passover the bridge before it was closed to traffic. Then he determinedto stay alert until they got near Vicksburg. Later the doctor saidthat if Judge had lapsed into unconsciousness, he probably wouldhave gone into shock. His determination literally may have savedhis life.Though never characterized as a crusader for causes, in hisquiet but thorough manner, he brought improvement and effi-ciency into judicial administration in Mississippi during his sixyears as Chief Justice of the Mississippi Supreme Court. Tostreamline the hearing process, he caused the court to sit in panelsof three rather than of five as had been done for years. He ap-pointed a court executive to handle the bulk of administrative re-sponsibilities, thereby "freeing up" the judges to devote most oftheir time to deciding lawsuits. The support staff was enlargedunder his leadership. The court began to take a larger role inbudgeting and rule making for the judicial branch. The "silentbranch" of government began to speak-courteously, but firmlyand effectively.Judge genuinely cared about the persons around him. Hemade an impact on the lives of each of the young lawyers whoclerked for him. Cotton Ruthven, Judge's last clerk, credits JudgeGillespie's encouragement with changing and enriching his wholelife and his professional career, in particular. When Judge retiredfrom the court, his former clerks, Timothy R. Smith and GeorgeF. Woodliff, III, gathered all the former law clerks together for adinner in Judge's honor. A coronation would have seemed insignif-icant in comparison to the joy that dinner brought him.During his last week in office, when I, as dean of the Missis-sippi College School of Law, asked him about his retirement plansand suggested that the law school needed him on its faculty, hereplied, "Well, that might be nice, but I don't think the ABAwould allow it." When I inquired of his reason for such a state-ment, he said, "You see, I don't have a law degree." Assuring himthat twenty-three years on the Mississippi Supreme Court wouldconstitute adequate credentials even without reference to his illus-trious careers with the FBI and in private practice, I asked him toconsider our offer.Judge's contributions to the law school were legion. While hewas at Mississippi College, the Moot Court Board instituted theRobert G. Gillespie Award for the student presenting the best ap-pellate argument each year. In 1980, Judge was selected by the[Vol. 4:viiJUDGE ROBERT G. GILLESPIEstudents as "Professor of the Year."Judge's involvement at Mississippi College went beyond ac-tivities of academic interest. Being interested in the local studentchapter of the Christian Legal Society, he would often bring usinformation of inspiration. Indeed, Judge could have been a char-ter member of a "Barnabas" Club for he truly was a "son ofencouragement."A person only had to meet Judge Gillespie to know his enor-mous love of his family. His children and grandchildren wereoften in his conversation and always in his heart. He was marriedto Margaret Griffith, to whom their two sons, Robert, Jr. andVirgil, were born. Theirs was a loving and joyous marriage,though not immune from hardship. Though his sons did not knowit until recently, money was so "tight" during the years his sonswere in college, Judge dropped out of the Kiwanis Club to savethe expense. Margaret Gillespie had a long and heart-breakingterminal illness. Judge cared for her at home many months, beingChief Justice, "House-Husband" and nurse all at the same time.Ultimately, he was unable to care for her at home. During her lastyears in the nursing home, his daily visits brought encouragementand inspiration to everyone there-patients, nurses, and staff.Mrs. Gillespie died in 1974.Often, Judge would talk about his nephew, Navy CaptainCharles Gillespie, Jr., who was a prisoner of war in Vietnam.Charles, a pilot and the wing commander, became the Chaplain ofhis POW camp. Judge was so very proud of him. He shared withus at the law school an inspiring poem the nephew had written,and told us of the way in which that nephew's faith had instilledcourage and hope in the other prisoners in their darkest hours.In July, 1975, Judge married Alice Wells Mcllwaine, a truepartner in his every venture thereafter. He often would commendher to others as the finest Christian he knew. Whether he waswalking in the cool of the evening, sharing a poem, or doing mun-dane, routine chores, his enjoyment of life was heightened by herpresence. At the law school he recounted to his students a happyexperience from the evening before when he and Alice were outwalking. The beauty of springtime and the joy of their companion-ship so impressed him that he turned to her and said, "It justcan't get any better than this."He always inspired the highest and best in those whom heloved. His son, Robert, Jr., recently said:19831MISSISSIPPI COLLEGE LAW REVIEWMy father was a great man, but his greatest accomplishment wasthe example he set. He had a unique handle on life. Though he wasa Supreme Court Judge, he realized that a judge's job was to resolvedisputes, not to lord it over those in his courtroom. He was courteousto people. He treated people with respect, even calling young law-yers 'sir.' He did not take himself too seriously. He appreciatedevery day. He said good things about people. He understood thatbeing rich and famous was not what life is all about. I am so fortu-nate to have had a father like that.His greatest love, of course, was his love for God and Hischurch and, particularly, the First Presbyterian Church of Jack-son. His faith permeated his life's philosophy. There was no line ofdemarcation between his church life and his everyday life. Hiskindness and consideration were manifestations of the love he re-ceived daily from his Heavenly Father. Even during his painfullast illness, his relationship to and fellowship with the Lord JesusChrist became richer and fuller.All of us are richer for having shared his friendship. Truly,he was a ."gentle man." His philosophy of life can be summed upin the words of Phil. 4:8: "Finally, brethren, whatsoever things aretrue, whatsoever things are honest, whatsoever things are just,whatsoever things are pure, whatsoever things are lovely, whatso-ever things are of good report; if there be any virtue, and if therebe any praise, think on these things."[Vol. 4:vii

Judge Robert G. Gillespie

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Judge Robert G. Gillespie

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