Franklin County, Indiana - Chapter 4: Historv of I'-Raxklix Colxtv's Court (lolsks, 1915

Chapter 4: Historv of I'-Raxklix Colxtv's Court (lolsks

[The historian of this \ohiine is indebted to Will M. Hakcr. the present clerk of the Franklin county circuit court, for a history of the various court houses of the county. The interestin!:^ nrticle here presented was delivered as an address on Decenil)er 19, i()i-. "" the occasion of the dedication of the present beautiful court house. Mr. I'aker carefully investij:^atcd all records pertaining to the erection of former court houses and the result of Iiis investigation is the article which he has kiiuUv consented to offer the hist<<rian of this volume.]

The first ccmrt of I'ranklin county met in one of the rooms of the tavern in Brookville owned bv James Knight, and in this ta\crn all the 'Uficial business of the county ap[)ears to ha\e been transacted from the organization of the county, from the spring of 181 1 until April of the following year. During this time a log court house had been erected on the present public sf|uare. but within two years the county felt the need of a new structure.

On Monday, November 21, 1814, John W'hitworth and Benjamin Smith, associate judges of the circuit court of Franklin county, took into consideration the erection of a court house in the public S([uare in Brookville. and suggested that three trustees be appointed by the citizens to assist in constructing the building aforesaid, which was agreed upon. The names were nominated and, on counting the votes, it was found that John Hall. John lacob and John R. Beatty were nominated. It was, thereu])on, orclered by. the court that these men were considered by the court as trustees in conjunction with the court, the court reserving to themselves the right of pointing out the particular plat on the scpiare, aforesaid, for the erection of the court house, taking into view the most eligil)le ground. This building was commenced in 1815 and completed in 18 17. James Knight and Martin Jameson bid in the contract for three thousand dollars.

Second Court House Of Couxtv Franklin' Colxtv, Indiana. Io3

"The Courth'justr for tlie cuinty of I'Vankliii in the Indiana 'l"erritory shall be erected on the public S(|uare in the town of Brookville, twenty-five feet east of Main Street and thirty-three feet north of the alley running through the afure^aid public ^(|uare, where the southwest corner of the aforesaid courtliou.se shall stand, it l)eing forty feet s'juare fronting towards Main Street running north and south ["west (jf the public scjuare] in the town aforesaid with a half octagon in the rear, or east side of the >aid house as laid down in the plan made out by .\(|uilla Logan.

"The foundation of said building U) be a well of st<;ne laid in lime mortar, two and one-half feet thick to be >unk eighteen inches below the surface of the earth, and raised two and one-balf feet above the surface, the uj^ijermost of the stone wall to be covered with a bank of clay, sand or gravel immediately after the same is built.

"The walls of the said building shall be of brick and shall be the length of two and one-half bricks in thickness from the foundation to the top of the first story, which shall be sixteen feet in the clear, that is between the two floors. The walls of the second story of the said buildings >hall be of brick and shall be the k-ngth of two bricks in thickness from the C'.'mmencement of the second story to the top of the same, which shall be eleven feet in the clear, that is between the floors. The said building to have a neat brick cornice running around the same to project nine inches over the plain wall.

"In the front or west -^ide of said building to have one door in the center to be five feet in the clear in width and to have tw<^ lentils [lights] of ten bv twelve, such lentils of glass in heighth over the door and made so as to range with the to])s of the windows in the said front or west side, each window and door to have a mat strait brick arch over the tops of the .same of one and onehalf brick in length.

"In the front or west side of said building there shall be two windows in the lower story, in the north two windows, in the east three windows and in the south two windows of twenty- four lights of glass each, the glass to be ten inches by twelve in size and to range completely around the building, the windows to be placed at such distance irom each other as the board of trustees may direct.

"In the front on the west side of said building, to liave three windows in the second story in the north two windows, in the east three windows and in the south two windows of twenty-f(mr lentils [lights] of glass each, the glass to be the same size as in the lower story, the windows to range completelv all round the building and to be placed immediately over the windows in the first story.

I04 Fkanki.Ix Colnty, Indiana

"The do(jr and wiiidow frames of the said huildiiig to he made ha<tard raves [ ?] frames, the sash stfjps td Ik* worked in the s<>hd, the scanthnj^ out of which the above frames are made to l)e out of three inch stuff in thickness and calculated for sash one and one-half inches thick and .-shutters the same thickness.

"There siiall be one .girder throuj4h the center of said hou.se laid north, and south of at least twche inches s(|uare; also one extending across the octagon laid parallel with the one through the center, and of equal si^e. into which the joists are to be let into, each way the joists not to be less than three inches by twelve inches, and to I)e laid not exceeding sixteen inches from center to center, and to be of good sound oak or ])oplar. For the first or lower floor, the girder through the center of said Inu'lding to ])e .supported by two pillars of stone of not less than two feet sfpiare and to be sunk an e<)uai distance below the surface of the earth with the fou.ndation wall, the girder across the octagon to be supported by one pillar of the same size, and sunk in the same manner as the pillars under the center girder.

"The second floor shall have one girder tlircniujli the center of said building, also one extending across the octagon, inmiediately over tho-^e on the first floor to be of the same size: also the joists the same size, as on the first floor, and not exceeding the same width aj)art, of the same kind of timber and to be supported by two columns placed at such distance from each other on the center girder on the lower floor as may be directed by the trustees of said building, and not to be less than fourteen inches sfjuarc at the bottom, nor less than ten inches at the to]).

"The third floor the same as the second in every respect other than the size of the column, which are not to be less than twelve inches square at the bottom nor less than ten at the top.

"The roof of said building to be hipped all around to have not less than eleven principal rafters, each of which not to be less than eight inches at bottom and six inches at top in width and not less than five inches thick, the residue of the rafters not to be less than six inches at the bottom and four inches at the top in width and three inches thick, the said roof to be framed with purloins.

"The roof to be covered with good yellow poplar shingles, to lie laid not to exceed five inches to the weather, the shingles not to be less than eighteen inches long and to be carried up from each side and eml so as to form a regular square at the top over which shall lie erected a hamlsome dome or cupola, the Iicighth of which shall not be less than hfteen feet high from the top of the roof of said buiklinji: to the eve of the doine or cupola, the said cupalo to be eight square and ten feet in diameter, and finished in a complete and workmanlike manner with a sijire of not less than fifteen feet high clear of the king post [?1, with a ball of not less than fifteen inches in diameter with a handsome gilt spread eagle on the top.

"There shall be two chimneys in the said Iniilding. one on the northeast corner and one in the southeast corner, each chimney to have two fireplaces, one of the fireplaces in each chinuiey to be on the lower floor and one in each to be on the second floor, the fireplaces not to be less than two and one-half feet in the back, that is large enough to receive a stick of wood of that length.

"The window and door frames to l)e completely painted white. The dome or cupola tcj be completely jxiinted white. The roof of said building to be comjiletely painted Spanish brown, and the walls to be of water and Spanish brown. There shall l)e a good folding door, made and hung to said building" with sufiicient hinges, the door to be made of stufif not less than one and one-half inches thick and well lined, each fold of said door to contain eight panels, done in a complete workmanlike manner with two good bolts and a lock of the best possible description to be had.

"The above building to be commenced by or before the first day of the month of .\pril and to be compleated as respect [ ?] the above descriljed work by or before the first day of October, 1816.

"And the above described work to be done in a complete and workmanlike manner. And it is expressly understood that the trustees for the conducting of the said building for the time being reserve to themselves the right and privilege of rejection at any time, all or any of the material which may be provided for the said Imilding should the same be found in an\- way defective or insufficient in any respect whatever.

I06 Fraxklix Couxtv, Ixdiaxa

In the sprin;^ or sununer of r8iC., after tlie building was about twothirds completed. James Knight, one of the contractors, died, which delayed the completion of the structure until May. 1817. Mrs. Knight was appointed administratrix of her husband's estate and finished the Iniildinf,', as the reconl says, in 181 7. William Sims and Henry Case, who were appointed referees to accept the work, pronounced it as having been done according to contract, and Mrs. Knight received nine hundred .'uid eighty dollars for her services. A large amount of the money expended in the erection of this building was raised by individual donations, the residue being levied and collected as taxes. After work was completed, records show that the court was so well pleased with the contractors' work, that they were xoted nine hundred and eighty dollars bonus.

On August 12. 18 r8, it was "ordered that there be erected at the expense of the county a good and sufficient stray pen forty feet sf|uare, five rails high and five feet high, with a good and sufficient gate lock and key, and thrit the sheriff caused the same to be erected In- the seconrl Monda}- of" the following November."

On the same date it was ordered that "Rnoch McCarty lie authorized to purchase weights and measures for the use of the county of the sizes the law

At this same session of the board of commissioners, it was "ordered that the court house be lathed and plastered in a plain workmanlike manner, and that John Scott and Robert Hanna be appointed to superintend the selling of the contract on August 24. 1818."

The structure, however, did not meet the re(|uirements of the new constitution and .small box-like structures were built along the side of the street south of the court house.

Across the street stood the City hotel, a frame fire trap, and on Washington's birthday, February jj, 1852, fire took hold of these buildings and destroyed all the buildings in this square, including the court house. Court then was'held in a little church at the foot of the hill, now the church of the United Brethren, Imt then belonging to the German Methodists. In lune. 1852. Ed -May. the man who built the present state house, arrived with plans for a new court house. C\tus Quick. Levi Aver and John H. Fahrots then composed the commissioners' court, and it was agreed that a new court house be erected. They obtained the stone from Schrichte's quarries, north of town: hand-made locks and doors, etc.. were furnished by Mr Rhein. The old doors showed prints of hammer blows. The new court house was built for the sum of twenty-eight thousand dollars.

During tlie summer of 1S77 the county commissioners had contracted to remove the battle walls and to remodel the tower. On October 18. 1877, during a term of court. William II. Bracken, as special judge, the roof of the building went down, with twenty or more peojile in the court room. Luckily no one was seriousl}' injured. Immediately the building was repaired and surmounted by the lady of justice.

As early as 1905 there were whisjierings throughout the county that a new court house was needed. About this time Elmer K. Dunlaj;. architect, arrived and e.xamined the building and re])orted the uh\ structure sound and advised remodeling the old court house instead of building the new. The countv council at that time was composed of Louis Federmann. Jacob keiboldt. Jacob Hirt, W. T. Logan. T. C. Jones, Perry Appleton and John Zins. This council decided and planned to remodel the old court house according to the following, which I find in the county council record, April 23, 1909: "It is the sense of the county council now in session that the court house should be repaired and remodeled; that the county commissioners select an architect to prepare plans and specifications and estimates for repairing same at a cost not to exceed forty thousand dollars, and present said plans, specifications and estimates at the regular September meeting of this council."

On February 24. tgio, Elmer E. Dunlap presented hi.^ plan^^ and the same were adopted by the board of commissioners. The appropriation made was sixty-six thou.sand d(.)llars. and on March 7, 1910, order was made to repair and remoitel. On May 28, 1910. an additional appro])riatii,»n of thirty thousand dollars was made. The contract was let to L W. Millikan. of Indianajjolis, for the sum of seventy-one thousand three hundred dollars for general contract. The building was begun in August, 1910, and after three months' delay the work was again taken up and finally completed and the keys recei\ed by the board (.>f commissioners at five o'clock F'riday evening. November 15, 191 2.

Jail

The iail, which was built in 18 14 by James Knight, cost six hundred 'eightv-nine dollars. On March 20, 181 5, John Whitworth and Benjamin Smith, associate judges, approved the payment of the above sum to the contractor, James Knight. This building stood on the public square.

On August 13, 1 817, the commissioners ordered "that William H. Eads be allowed the sum of sixty-three dollars eighty-seven and one-half cents for furnishing and putting up a lightning rod."

I08 Frankmx Colxtv, Indiana

missioners, "(jrdcrcd that Robert Ilaiina be authorized to furnish washboards for the court house, to fix the halcou)-, to build a closet under the stairs with a lock and key."

On July 30, 1817, the commissioners, Enoch D. John, Samuel Rockafellar and James W^ilson, agreed on the following rates of taxation for the year 1817: On first rate land, 50c. jjer 100 acres; on second rate land, 43>4C. per 100 acres; on third rate land, _'5c. per irxi acres; on each horse, i/'/jC; on covering horses, the rate at which he covers the season; on town lots, 50c. per Sioo; on free male person of color from the age of 21 to 55, $3.00; on bond servants, above 12, ^2.00.

It appears that by the year 1829 the court house was not large enough to accommodate all of the county oftlcers. The board of commissioners, on May 5, 1829, ordered the erection "of a fire proof building in two rooms for a clerk's office and recorder's office to be erected on the public square in the town of Brookville or any two of said commissioners mav act as aforesaid. Notice of said sale to be given three weeks in some public newspaper. liond. to be taken of the purchaser with two freehold securities for the completion of the building on such plan and at such time as may be specified by the said William AlcCleery, Robert Brackenridge and Enoch .McCarty. payable to the county treasurer and his successors in his said office. And it is further ordered that the said commissioners above named are recjuired to make out and exhibit a plan of said building to public view in said town of Brookville, ten days previous to said sale, one-half of the purchase money for building said building to l)c paid on the ist ^Monday of February next. And the other half to be paid on the ist Monday of August succeeding. And it is further ordered by said board that said commissioners report their proceedings to the next board and from time to time as they may be required."

Erection Of .V Building For County Offices

For some reason which is not apparent from the records of the commissioners, they ordered, on June 2. 1843, -^ four-room brick building to be erected on the court house square. It has been noted that a substantial brick court house was built in 1S14. and that in 1829 a two-room brick building was erecteil on tlie public square for the accommodation of as many county officers. The Brook: illc American, in its issue of June 23. 1S43. ^^y- ^^'^^^ the people will certainly ap])r(>\e the action of the commissioners "since it is important that tlie records by which the evidence of every title in the county is perpetuated should be safe from fire." The building fronted sixty-eis;ht feet on Main street and was eiijhteen feet in depth; it was to be built under the direction of Jeremiah Woods and to be completed by the first of the following November. The offices of the clerk, auditor, treasurer and recorder were to be housed in this proposed building. There was to be a fireplace in each room, while the fioor of each room was to be made of brick nine inches square. The roof was covered with tin and the whole building was ordered red and pencilled.''