Carroll County, Indiana - Chapter 8: The First Court House, 1882

Chapter 8: The First Court House

Where the Early Sessions of Courts Were Held - The Necessity for Better Accommodations - Preliminary ActionTo- WARD Building a Court House - Proceedings of the County Commissioners on the Subject - Proposals for Plans and FOR Builders Advertised for - Meeting of the Board to Examine and Compare Plans- Plan Selected and Contract Awarded- Separate Contracts for Plastering, Painting.Building Cupola, Etc. - Approximate Items of

THE place designated by the act authorizing the organization of the county of ("arroll, for holding courts therein, until accommodations could be had elsewhere, was at the house of Daniel Baum; accordingly, all the courts of the county were held there diu'ing the year 1828 and the early part of 1820. The May session of the Circuit Court met there, on the ISth day of May, 1829, and remained in session until noon, when court was ad journed to meet again at 4 o'clock P. M., at the public schoolhouse in Delphi, a new hewed-log building recently erected for school purposes. Subsequent sessions were held at this schoolhouse until the May 'term, 1830, which was held at the Clerk's office, a frame building situated on the public square, finished just a few weeks before Here the county courts were held for a number of years, and antil better accommodations were provided, as contemplated by the law enacted for the county organization. In the meantime, the question of building a coiu't house on the public square, with the funds realized from the sale of the property donated by the proprietor of Delphi, in consideration of its selection as the seat of justice of Carroll Couaty, by the Commissioners appointed by the Legislature, as elsewhere shown, was settled.'

Some time in the spring of 1831, the Commissioners of the county directed notice to be given to " contractors and builders," that proposals would be received, with plans and specifications, for the erection of a court house for Carroll County, from that time until the proposed special meeting of the board for that purpose, on the 18th of July, 1831. On that day, a special session was accordingly held, when the bids presented were examined and duly considered. The result of that examination is exhibited in the following extract from the record of their proceedings on that occasion:

At the same session, Mr. Hardman was authorized to receive from Aaron Dewey, the County Agent, $100 worth of materials, to be used in building the coiu't house. For some reason, not now api)areut, Mr. Hardman, being unable to proceed satisfactorily with his work, surrendered his contract, and asked, with his sureties, to be released therefrom. He was released accordingly, the contract taken off his hands and awarded to John Dolason, at the Septemijer session, 1831. From that time forward, the building progressed gradually but not very rapidly. Under the new arrangement, Mr. Dolason was allowed, at the same session, on his contract for building the court house, the sum of $275, to be paid out of the donation fund, appropriated for that purpose and in the hands of the County Agent. The agent was also directed to execute a deed to him for certain town-lots embraced in the dona tion - except the lot numbered 87, which was ordered to be conveyed to Mr. Hardman, the original contractor - in part consideration for the building of the court house. At the session, in January, 1832, a further allowance of $200, was made, part oj bis second installment for building the court house, payabl ilso, out of the donation fund. The third installment, of 850'), was allowed at the September session, 1832, and ordered to be paid out of the same fund.

When the brickwork on the court-house building was ap- proaching completion, it was deemed advisable by the board to appoint a committee with instructions to examine the s: .^ and report as to its sufficiency and whether the work had been done in substantial compliance with the terms of the contract. Such examination having been made, a report was made recommending its acceptance. At the September session, 1833, in cons'deration of the premises, the board fjrdered. That .lohn Dolason be allowed, for building the court house in the town of Delphi, the sum of $200 as a part of the last installment

Subsequently, at the January session, 1884, he was allowed the further sum of $200. Again, at the March session, he was allowed the further sum of $75.03. and, at the May ses-^ion, $20. Finally, at this session, the board made the following order in the matter:

Ordered. That John Dolason be allowed, for work done on the court house, $81. it being in full for all demands that the said Dolason has against the county for completing the court house, as agreed upon by Theophilus Hardman and all extra work done by said Dolason.

From all that appears to the contrary, the original contract for building the court house did not embrace the complete construction; hence, those branches of the work not included therein were directed to be done under separate and independent agreements For example, the board, at their session in May, 1836, " entered into a contract with Samuel R. Hughes and Thomas C. Hughes, to complete the painter's and joiner's work on the inside of the coui't house, and have agreed to make them an order for $100 in advance on their contract. It is therefore

This contract seems to have included, among other special work, the building of a cupola on the court house, since, from the papers on file in the Auditor's office, a plan, with estimates of cost, was submitted to and iiccepted by the board; and, for the further retison, that, at the May session, bS30, the record shows:

Whi»n the entire work, under the contract with Samuel U. and Thomas C. Htighes, was entirely completed, the question of value was referred to mechanical experts for determination, as shown by the following record of proceedings, had at the January session, 1837:-

WuKKiws. The terms ut Ihr, -oMtnut li,-l«een the Commissioners and Hughea, l)eing, that, vvlien the carpenter work on the court house was completed, that it was to lie left to disinterested mechanics to fl.v the price. The Commissioners on their part appointed Jonathan Harbolt, of While County, the said S. R. and T. C. Hughes appointed William Ferguson on their part, who, if tliey disagree, are hereby directed to call to their assistance a third person as an umpire. Said persons arc directed to meet at the court house in Delphi, between this time and the 12th insl,, to

Said referees having met and measured the work as by said agreement required, determined the aggregate vahie thereof to be $972.63, whereupon the board, on the reception of that report, made the following record:

Afterward, at the March session, \><'A1, the lioard, upon "settlement with T. C Hughes, for bttilding the cupola, find as follows: For building ciipola, $7(11); liy cash and note from McGilliard, $481.25; due said Hughes, $218.75." On general account with S. R. and T. C. Hughes, for amotint of work and materials, $-.(72.03; by cash to date, $700; balance, $272,03. For this bah auce, the board directed the isstie of an order, thus balancing the accoitnts.

At the Miu'ch session, 1834. an agreement was entered into between the Commissioners and Thomas Galliard. to paint the outside of the court house and the tops of the chimneys, and the brick-work without oil. and pencil the same with lime, for which the contractor was to receive $-tO; for paving tlie floor of the coiu-t house, from the west side of the doors to the east side of the hotise, and build a wall from door to door across the house, a brick and a half thick and five bricks high, for which latter work he was to receive $30 - the work to be completed by the 1st of June following.

This braucli of wuk liolng incomplete on the 30th of May, 1830, theOoiuuii>,>inU( I- i-iitored into " a contract with John Phillips and Milo Dil>l)lo. to paint the outside walls of the court hottse a straw color, the roof red; the whole to be completed by the 1st of September next, for which they are to pay $150." At the September session, the Commissioners having " inspected the painting done by Phillips and Dibble, under the contract entered into at the May session last.

In connection with the painting of the coiu-t house walls, the following incident occurred: As indicated in the foregoing order, the color of the walls was to be a yellow, or straw color. This color was not altogether satisfactory, and the Commissioners were presented with a petition, signed by sixtj'-four citizens of the town and county, asking that such order be rescinded, and " that red, with jiroper penciling, is the only color that is calculated to give a brick liuilding the proper appearance and tasteful finish." As a remonstrance against changing the original order, another petition was presented, signed by forty-one citizens, several of whom had previously signed the other, praying to have no change made in

On the day the Commissioners made ii contract with Messrs. Phillips and Dibble to do the painting, a contract was also made with Thomas McGilliard to plaster the inside walls of the court house, to be completed by the succeeding October, for which he was to receive $275. Owing to the faihu'e of Mr. McGilliard to comply with his contract and complete the work, the contract was, by mutual agreement, rescinded, and the work already done by him forfeited to the county; and. on the 6th of September following, a new contract was made with Lewis Mooney, for the completion of the work for $300. To furnish all materials except those in and aroirud the court house, plaster all the rooms, putting three coats on the same, all in a neat and workmanlike manner, and complete the upper rooms by the third Monday in October, and the third Monday in April following, Mr. Mooney boirnd himself in a penalty of $500.

At the Septeuilier session, 1837, the board allowed Mr. Mooney, as a part of the balance on his contract for plastering the coiu-t house, the sum of $25, which also included the sum due him for furnishing the brick and laying the lobby in the cotu-t house, and for white-washing the upper rooms. Hie latter lieiiig done piu'suant to an order of the lomf. At iln ;-ainc s.'>>ioii. he was allowed for full balance on liis i-ouljacl, tlu' .^nm of S'J'_!:',.

The contract for painting the inside work of il,,- was awarded to Messrs. Olvey and Coniio]l\. foi- wlii.- were to receive the sum of $230, at tlie Se|ii.'jMlii.r - the November session, of the same year, the Coinuiisummated a contract with Thomas C. Hughes. " to hm substantial Venetian blinds for every window in tln' r and hang the same," and have the work coiii|ileteil liy of April, 1838, at which time he was to ivr.ive a;- lo $10.50 for each window. The work of makiiii; those ing been completed, the board, at the May session. II" him, therefore, $200, and the fitrther sum of and glazing the windows and attaching spri The aggregate cost of the cotu't house, not in the lots donated and appropriated for that pn as can now be readily ascertained, about tin' not inchrding the improvciiieut^ on tlio pul'ln

The dimensions of tlii^ liuildiuu- were aln two stories in height, being tliii(y-(\vo feet to the square, aad covered with a four-sided shingle rejof, surmounted by a cupola twelve feet square at the base, and twelve feet high. This square was sm-mounted by an octagonal tow.u-. or belfry, eight feet in diameter-aud eight 'feet liigh. and re>tiiig n|ion a water-shed of fifteen inches rise. Resting upon this -trueturo was a bell-shaped cone, nine and a half feet high, surmounted liy a spire twenty-six feet in height - all making a total cupola elevation of fiftr-six and three-fom-ths feet

The Xew Court House

,SPEell II .\ lloNv - I'nl: I'llor, i-.m ~ 1;:|.- I ; i:r|.',IVED AND EXAMINED - TUE CONTKSCT A\VAKDED - A .SurEltlNTENDING ARCHITECT Appointed - Something of the Details and the Plan

A S early as 1854, if, indeed, not prior to that date, the public -^--^ necessity for a court house of larger dimensions than the one at that time occupying the public square, became a subject of serious consideration, and the propriety of building another of greater area and better adapted to the improved condition of things, was the subject most freqviently agitated among the people. The matter, however, did not assume a definite form until the spring and summer of 1855. At the session of June, 1 855, the Commissioners of Carroll (-ounty, by their order of the 7th of that month, made an order, directing Thomas C. Hughes, a repu table architect and builder of the county, to visit and take views of several of the best com-t houses in this and adjoining States, for the purpose of maturing plans for a new court house in this county; also, to take drafts of such buildings aa he might deem necessary in acquiring the information sought for.

At the same session, also, the Auditor was dii-ected to advertise for plans and specifications, the board recommending that architects submit plans for a court house, to include the following rooms and accommodations: Pour cells or prison rooms in the basement. On the fii'st floor, one lai-ge jniblic hall and fom- county offices, two of them to be provided with tire-proof vaults; said ofiices to be of not less than 300 square feet floor sm'face each. The second story to contain one spacious court room of not less than 2,700 square feet of floor surface; two jm-y-rooms and one witness-room, for the accommodation of female witnesses and others, during the session of court, provided the last-named room can be included without inconvenience - the building so arranged as to eoutain a clock and room for a bell; the basement to be of stone and the balance of brick - the whole to be covered with a tin roof.

At a session of the board, held on the (Hhof September, 1855, notice was ordered to be given to architects that plans and specifications would be received and examined by the board, on the 1 st of December of that year, for the construction of a new court h'luse. the building to contain one spacious court-room and a sufficient numlier of county offices and jury-rooms, a bell and clock-tower ; Ijut no jail ur prisiin attached. The size of the ground on which the bnildiii^- c mtemplated was to be erected, was '252 feet squar.' tli nitin- c ist, when completed, to be $30,- 000, no cost being jiaid tor any iilans or drafts not accepted. At the same time, Mr. Hughes, who had been employed to view and select plans, as elsewhere shown, was allowed the sum of .§35.30, for traveling expenses and for time spent, including that consumed in the pi-eparation of plans, etc.

When the board met, in December following, a number of plans were submitted for their examination and consideration, the board present being composed of Thomas C. Hughes and Theodore Smoyer. Among others, a plan was submitted by M. J. McBird, of Logansport, which was ado[)ted, after some minor changes had been made, and Mr McBird employed as architect, to prepare the working plans in conformity with those adopted, for the details of the work, as prescribed in the following explanatory statement: The foundation, offices and court- room floors, front and back elevations, transverse and longitudinal sections - all to be in accordance with certain j)lans presented by the said McBird at the early p.u-t of this session - with such alterations as have on this day been agreed upon and specified as follows: The building to bo enlarged laterally five feet, aud longitudinally fifteen feet, the towers to remain the same size as designated on the ])lans. The excavation for basement under the whole building to be made two feet below the present surface of the ground; the trenches for the. foundation walls to be excavated one foot below the said Ipasement floor, or to the solid strata of clay or gravel; upim tlic first floor, a wall, as marked across the Clerk's and AuditorV offices, making these rooms, the rooms in the rear towers.

witnesses' and Sherifl"s rooms, and through the remaining parts, into a hall, by placing the walls back: the hot-air ducts to be carried into all the offices on the first floor from one furnace, and the com't-room and other rooms to be heated by ducts from another fm-nace similar to the first, making but two fiu-naces in the building. In ascending from the lower story, a spiral staircase to be placed in the rear passage up to the floor of the court-room; then stairways to the jm'y-rooms above. As compensation, the architect was to receive $125, $50 cash, and the balance when the plans were completed.

The stone work to be 65 feet and 8 inches by 95 feet and 8 inches; the base of the towers, 18 feet and 8 inches square. The brick work above to be 65x95 feet, including the towers, and the greatest projection of the brick work. The walls of the main building to recede 6 feet from the face of the towers - the division walls as set forth.

The basement 8 feet in the clear; the first story, to the finish, 1-1 feet in the clear; the court- room, to finish, 28 feet in the clear - the roof to incline eighteen degrees. The first story of the rear towers is 14 feet 8 inches in the clear; the second story, 13 feet 8 inches in the clear; the third, 22 feet. The first story of the front tower is 15 feet 9 inches in the clear; the second and third stories each, to the finish. 14 feet in the clear.

Stone Walls

The external longitudinal walls, under the main front and sides, and under the safe-vaults, are 2 feet ti inches in thickness; the footings under said walls are 4 feet wide, projecting equally each way. Under the towers, the walls are 26 inches thick, and made of brick, while the side walls are only 20 inches thick; the cross-walls, under the safe-vaults, are 18 inches: the other walls are 16 inches. The external walls of the towers iire 22 inches thick; the side- walls in the main building are all the same thickness to the court- room floor; then there is an ofiset of 4 inches, leaving the walls from the floor to the eaves 18 inches thick; the rear walls are also 18 inches thick.

On the 2d of April, 1856, the Board of Commissioners, consisting of Me.-,srs. Smoyer, Hughes and Crowell, met for the purpose of opening the bids and awarding the contract. The bid of James Woods, of Logansport, Ind., in which he proposed to build the court house according to the plans and si)ecifications on file in the Auditor's office - none of the work to be done by machinery, except the flooring and the sheeting of the roof --for $32,300, was accepted. April 9, .1 856, the contract was awarded to James W^oods and James Rodifer for $32,300 - to furnish all materials of every kind, according to the plans and specifications prejiarcd by M. J. McBird (who, as superintending architect, was authorized to accept or reject any work done in the progress of construction). Messrs. McBird, Heed, Case and John Ct. Vail, wore at the same time constituted a Building Committ<ie, with power to accept or reject any and all materials pr(>pared or used in the

According to the ti.niis c.f the iigreemcnt. the .-i.nlr;H-t(ir'< were to receive their first payment at the succeeding June session, aiul quarterly thereafter until the March session. 1858, said payments to be made for the fuli value of the work done and materials finnished e.xcepting '20 per ceiil ,.n thr vahic of :ill furnished and accepted liy the liuildin^' (''iiniiiitln'; wlii^ii fidly

In the meantime, the Commissioners were to remove the old court house, and have everything ready for the new building by the 1st day of July, 1856. At the time of consummating the aforesaid agi-eement, Messrs. Woods and Rodifer, contractors, filed the required bond with Samuel L. McFadiu, James W. Dunn, Thomas S. Dunn, William Wilson, Isaac N. Partridge, Joseph Culbertson and Samuel A. Hall, as sm'eties, which was accepted and approved by the boar'd.

The foregoing preliminary proceedings being had, Jonathan Barnett was authorized to sell, at public sale, the old court house, together with the buildings used for county offices, separately, on a credit of twelve months, with interest from date, the pur-chasers binding themselves to remove the buildings from the public square by the 20th of June; the court-house bell was directed to be sold also, and upon the same terms.

Some misunderstandings having arisen between the Commissioners and contractors, in relation to certain details of work and the payment therefor, on the 14th of March, 1860. an agreement was entered into between the parties " to submit, for arbitrament and adjustment, the entire claim of Mr. Woods against the coimty, on account of extra work about the construction of the coiu^; house, and all claims arising out of the same - to William Barnett, Archibald Slane, Joseph Evans, James H, Stewart, John Crowell and George Grilliford." -As the result of that arbitration, on tlie 9th of June, 1860, James Woods was allowed $1,087, and, also, for the further sum of $113, when the lien of William McCain was shown to have been legally settled and released by said Mc- Cain. This having been done, as of the date last named, the Commissioners entered of record among their proceedings the following

1861, with 6 per cent interest ; four orders, for |500 each, on the Treasurer, payable same as before, and one order on the Treasurer for $647.35,