History of Henderson County, Kentucky, Part 8

Author: Starling, Edmund Lyne, 1864- [from old catalog]
Publication date: 1887
Publisher: Henderson, Ky.
Number of Pages: 892

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DOWN ON AMUSEMENTS.

For several years, indeed from its completion, the large room in the second story of this Court House was used for all public pur- poses. It was the only hall in the town ; shows, concerts, balls, par- ties, dances and church entertainments were all held in this room. From some cause, which the records failed to explain, the Magis- trates in 1820 became dissatified with this course, and by order, placed the property under the control of the jailer, with peremptory instructions to clear the Court House of all incumbrances and en- croachments. The jailer, failing to comprehend the meaning of the court, a subsequent order, explanatory of the first, was passed, to wit : " The order heretofore passed by this court, directing the jailer to take possession of the Court House, and to remove therefrom all in- cumbrances and encroachments, is construed to apply only to play actors, but the house may be used for any decent uses or purposes."

HISTORY OF HENDERSON COUNTY, KY.

This order was a terrible blow to the few professionals who traveled in those early times, and whether it originated from a reli- gious opposition or dissatisfaction with one or more exhibitions, the record fails to tell. It is sufficient to know that it was a sweeping order, and if for the punishment of one or more troupes, eventuated in shutting out the whole fraternity. The new Court House was used until the year 1822, without any expense to the county, but at the April County Court the following order was entered of record : " Or- dered that Obediah Brown and Daniel McBride be appointed com- missioners to have the Court House underpinned with brick where decayed, and a brick floor laid down and the judge's seat underpinned with brick."

This building continued in the service of the courts of the county until 1843.

A SECOND COURT HOUSE BUILT.

At the April court, 1840, it was determined that the Court House was insufficient for the purpose of the county, whereupon it was " Or- dered that Thomas Towles, John G. Holloway, William Rankin, George Brown, James Powell and John D. Anderson be and they are hereby appointed a committee to inquire into the expediency and propriety of building a new Court House for this county ; that they report a plan for the same and the probable cost thereof, a majority of all the Justices in commission being present and concurring therein."

At the following October court the committee reported. Where- upon it was adjudged both expedient and necessary that a new Court House of sufficient capacity to meet the demands of the times should be built, but the plan and cost reported by the committee was re- jected. Yet the court included in the levy made at that meeting, the sum of the two thousand seven hundred dollars to be set apart as the Court House fund. At the February term, 1842, Edmund H. Hop- kins, William Rankin and William D. Allison were appointed com- missioners to draft a plan for a Court House and make a report of the probable cost thereof. At the April term the Commissioners re- ported, whereupon it was ordered, "That the said Commissioners, with Thos. Towles, Sr., added, are instructed to reconsider the report just made on the building of a Court House for the county, and so modify the same as in their discretion that the whole cost of the building shall not exceed-

HISTORY OF HENDERSON COUNTY, KY.

TEN THOUSAND DOLLARS,

And that they advertise in some Louisville and Evansville newspaper ; that the building of the said Court House will be let to the 'owest bidder at next May County Court."

At the May court the following order was made: "Ordered that Edmund H. Hopkins, James Rouse, Willie Sugg and Larkin White be appointed commissioners to let the building of a new Court House according to the plan and specifications submitted to the court by Ed- mund H. Hopkins, Thomas Towles and William Rankin, and this day having been duly advertised and made known, as the day for letting the building of said new Court House. It is further ordered that the said Commissioners proceed to let the same forthwith at public auction to the lowest bidder, and take bond with security to be approved by the court."

The new plan and specifications were received by the court and adopted, a majority of all the Justices being present and concurring. Littleberry Weaver became the undertaker at and for the sum of nine thousand four hundred dollars. At the same time the following order was passed : " Ordered that the Commissioners heretofore appointed to secure a plan for a new Court House are continued, and hereby empowered, authorized and directed to sell the old Court House at public auction to the highest bidder upon a credit until the first day of March, 1843, taking bond and requiring the purchaser to remove the same by a day to be named and fixed by the court. It is further ordered that Edmund H. Hopkins be and he is appointed a commit- tee to superintend the building of the new Court House, whose duty it shall be to examine all material, inspect and superintend the work as it progresses, and see that the same be done faithfully according to. contract, and for these services and for drawing the plans and specifi- cations of the house to be built, he is to be allowed the sum of four hundred and twenty-five dollars."

In the month of June the old Court House was dismantleed, torn away and work begun on the new house. It became necessary then that some suitable building should be secured for the purposes of the court, and to that end a lease for a time was affected with the Trustees of the Baptist Church, which had been built and completed this same year, to be paid for at the rate of one hundred and fifty dol- lars per year. The church was used until October, 1843, when the keys of the new Court House were turned over by the contractors, and the building received by the county. James Bacon was the contractor

HISTORY OF HENDERSON COUNTY, KY.

for the wood-work, assisted by Philip Van Bussum. John F. Toy did the painting. A bell costing one hundred and sixty dollars was pur- chased and hung in the cupalo by Philip Van Bussum. That same bell still hangs, and for the last sixteen years has struck the hours to the great comfort and convenience of the population. The speci- fications of this building can not be found, and as for the plan, the building is yet towering in its majesty and is likely to remain the recognized temple of justice for many years to come. The original roof was made of slate, but in November, 1849, the Sheriff was directed to pay Barak Brashear and Alfred Oliver the sum of four hundred and fifty dollars for removing the slate from the roof and re-covering the same with shingles. Several changes were made in the original plan, for one of which Mr. Weaver was paid five hundred dollars. From the amount of caution and taste exercised in completing this building, it would seem that this new and handsome edifice would meet all of the demands of the most fastidious, but judging from the following sarcastic order entered by the Clerk of the County Court at the Octo- ber meeting, 1845-in some particulars, at least-the reverse seems to have been the case: " Ordered, That Littleberry Weaver, for cut- ting stone and lumber, and making platform in the Court house, called a bar, but looking more like a bake oven, and then removing the same, it being found useless, inconvenient and exceedingly unsightly, one hundred and twenty dollars and sixty-four cents."

The new Court House was not only large and convenient, but it was most graciously arranged for all the public purposes, particularly so for dancing. The young people of the town was delighted, of course, and as a consequence, social balls and hops were frequently held in the new building Anti-Socialists lived in those days, as well as · now, and when their cynical blood became heated from intentional or unintentional slight, they very naturally intensified their deformities of disposition by a reckless appeal to the pen, which they in all life, have regarded as mightier than the sword. Among the many anony- mous articles addressed to the honorable court concerning the use of the building for dances and such like, the following is, perhaps, the most characteristic. We copy verbatim :

" To the Honorable County Court :

" GENTLEMEN-As you are the guardians of the public property of the county, and as it is your duty to see that this property is not de- stroyed or misused, I beg leave to call your attention to the danger to which the Court House is exposed by being used as a dance house. Many of your body perhaps are not aware that the house is used almost every week by a company called a Social Club for the purpose of danc-

HISTORY OF HENDERSON COUNTY, KY.

ing, yet such is the fact, for the truth of which I refer you to some of the members of your honorable body, by being thus used. The walls in a short time will become damaged and need repairs. Who will pay for these repairs, the Social Club or the Taxpayers? The fires, I understand, are left to take care of themselves, no one member of the so-called Social Club taking it upon himself to see to them. Should the house burn down through carelessness, the County Court will find it their business to rebuild it, for the Club will not be apt to do so. On several occasions I understand the use of the house has been asked for for the purpose of holding religious worship. Does preaching the Gospel within the walls do the house any injury ? It was said at the time by those who objected to it, that it was not built for a meeting house. So I think myself, but still I do not think it was built for a Dance House. They also said there were plenty of churches in town to preach in. So there is ; and there is also public houses enough in town to dance in. The Court House should not be used for either. Many also objected to its being used for a public exhibition of the scholars connected with one of your schools, a matter of far more im- portance to the public than the drawing of cat gut and the blowing of pipes. The house was built for the purpose of holding the courts in it. Let it be so used. It cost about ten thousand dollars, and it should therefore be well taken care of and not used for any other purpose than what it was designed for when built. The whole county is interested in this matter, and not merely a few in town. In conclusion, I ask your honorable body to look well into this matter. You now have timely warning of the danger to which the house is exposed, and in you is vested the remedy. Will you apply it ? By so doing you will comply with the wishes of more than one.

" DECEMBER, 22, 1845."

" TAXPAYER.

Taxpayer was no doubt one those easy whittling kind who watched all of the points of public and private interest, except those which most concerned himself. He evidently had been black-balled by the " Social Club " and was not held in high esteem by the church. He was a selfish fellow, for he opposed the using of the Court House even for religious purposes ; but then he was a smarter cuss than he would have the world believe in his disguised epistle to the court. His complaint, consistent as it appeared, failed to attract the attention of the court. Flitting feet, inspired by the " Drawing of Cat Gut " and "Blowing of Pipes " continued to revel in terpchicorean pleasure, and religious denominations used the house whenever they pleased, to the disgust of this perhaps "Poll Tax" payer. But at the October court, 1852, the following was passed : " Ordered, that the jailer shall not hereafter suffer or permit the Court House or any room thereof to be used for any show or exhibition for a sight of which any

HISTORY OF HENDERSON COUNTY, KY.

money is charged. Nor shall he rent or let said building, or any room or any apartment thereof, to any painter, daguerreotypest, musician , necromancer, spiritual rappings, jugglers, rope dancers, slight-of-hand performance, or any other monte bank whatever."

At the same court a six-foot gravel walk was ordered to be made around the foot of the incline. This was the first walk of any impor- tance ever ordered by the county around the square. At the October court, 1853, the sweeping order of 1852 was modified by authorizing the jailer to let the building to any religious denomination. This now old building has been the scene, in its time, of social occasions both charming and brilliant. Many persons living can turn over memories' leaves and find recorded some of the happiest hours of life spent within the walls of that old temple, dedicated to Blackstone and other matchless masters. Many young hearts bursting with love have been soothed beneath its roof. Many young student, whose heart tickled his throat, has met his success or reverse there. Political hacks have been hatched in its rostrum, while eloquence and oratory have caused its walls to resound the thundering applause of an excited and gratified multitude.

Its bar was the professional battle ground of a host of brilliant men-Towles, Dixon, Powell, Cook, McHenry, the Barbours, Crock- ett, Cissell, Hughes, the Dallams, the Yeamans, Turner, Bunch, Glass, Kinney, Vance and a host of others, while the ermine was graced by ' such shining lights as McLean, Shackelford, Stites, Dabney, Calhoun, Cook, Fowler and others. In 1857, a necessity for the alteration of the interior plan of the house manifested itself so apparently, the court at its September sitting ordered, " That John T. Bunch, L. W. Brown, W. D. Allison, James H. Priest, L. W. Powell and Henry F. Turner be appointed commissioners to examine the Court House, and report what alterations and repairs are in their opinion necessary, and a plan of such alterations, and the probable cost of the whole work, and how long it will take to complete the same."

At the September court the Commissioners reported a plan not to exceed in cost fifteen hundred dollars, Justices Hiram Turner, B. D. Cheatham, W. H. Cunningham, William E. Bennett, E. F. Hazel- wood and Y. E. Allison, Judge of the County Court, voted for the motion made to adopt the plan and directing said alterations and im- provements to be made. Justices B. T. Martin, Isham Cottingham, H. L. Cheaney and William S. Hicks voted in the negative. The motion prevailed, but upon consultation, it was thought best to defer the whole matter until a fuller court could meet. October following,

HISTORY OF HENDERSON COUNTY, KY.

the aforesaid Commissioners were removed and the following order passed : "Ordered that John T. Bunch, Y. E. Allison, William D. Allison, William E. Lambert and Philip Van Bussum be appointed commissioners to draft and fix upon a plan for the alteration and im- provement of the interior of the Court House, and let the same to the lowest bidder." This motion was concurred in unanimously. From some reason these Commissioners failed to do their duty, as will be seen from the following March court, 1858: "The Commissioners appointed by the court to draft a plan, and have the interior of the Court House repaired, having failed to act, it is now ordered that the said Committee be removed, and that Barak Brashear, L. W. Brown, H. F. Turner, John W. Crockett, F. H. Dallam and I. G. Livers, be appointed a committee to act in the place of those removed, and they proceeded to act forthwith." At the April court following, the Commissioners reported a plan and specifications made by J. J. Kriss, architect, which were adopted. The contract was awarded I. G. Livers, and one thousand dollars ordered to be paid him for mak- ing the improvements. The interior of the building was completely overhauled, and made both comfortable and convenient. The

Judge's stand was removed to the center of the rear wall, handsome tables inclosed by a nicely finished iron railing, were placed in front of the Judge for the use of the Clerk, a large space in front and on both sides of the Judge and Clerk was set apart for the use of the bar, this also was inclosed by a handsome iron railing outside of the bar ; the entire interior, with the exception of ample passageways, was pro- vided with seats elevated one above another from the floor to the wall. The improvement was a grand one, springing from the old open brick concern, as cold in winter as the north end of an arctic blizzard, to a modernized interior comfortably and conveniently ar- ranged. This, now much to be enjoyed building, was used until the second year of the war, when it was taken by the soldiery and occu- pied as a military headquarters, a prison house, hospital, cook-house and a means defensive against the attacks of the enemy. While many court houses throughout the State and adjoining counties were burned to the ground by one side or the other of the enemy, this old veteran was permitted to stand, presenting at the close of the war, unbroken walls and columns, but an indescribably mutilated interior. Pews and benches, flooring and other necessary appendages had been sacrificed to the flames or whittled into ingenious trinkets. Its ruth- less inmates had laid destroying hands upon evidences of value, torn

HISTORY OF HENDERSON COUNTY, KY.

from its walls the beauties of architecture, and knifed into shape- less confusion the bench from which justice had been delivered. As a result of this unwarranted deviltry upon the part of those whose duty it was to protect, and not to destroy, the following, which ap- pears of record in the fall 1865, will explain : " His Honor, C. W. Hutchen, Judge of Henderson County, having had the Justices of the county summoned to meet, the following answered to their names : Richard Keach, Hiram Turner, P. H. Lockett, Charles C. Eades, John F. Toy, C. S. Royster, William C. Green, F. E. Walker. and C. C. Ball." Judge Hutchen explained the object of the meeting to be for devising ways and means for repairing and re-organizing the Court House, which had been rendered worthless from causes growing out of the late war. Thereupon the following order was entered of re- cord : "Ordered, that the sum of five thousand dollars be appro- priated to the remodeling and repairing of the Court House, and that P. H. Lockett, Henry F. Turner and C. W. Hutchen be appointed commissioners to devise plans and have said work done. It is further ordered that the said Commissioners will not begin said work until they have consulted with an advisory board hereby appointed, consist- ing of Richard Keach, C. S. Royster, Thomas B. Long, Hiram Turner, Charles C. Ball, William W. Shelby, Frank E. Walker and John F. Toy. When said advisory board are satisfied that the war is over and that the house will not again be occupied by soldiers and that martial law is repealed, and shall so express themselves to the Com- missioners heretofore appointed, then they are authorized to act. Ordered, that Y. E. Allison, Adam Rankin and William Green be ap- pointed a committee to borrow on the credit of the county the said sum of five thousand dollars, bearing interest not to exceed 8 per cent."

This set of Commissioners it seems failed to make a satisfactory report, and at the March term, 1866, the following order was passed : " Ordered, that a committee of three be appointed, whose duty it shall be to employ an architect, who shall draw under the direction of said committee, a plan and specifications, which plan, if adopted by the court, shall be carried into effect, said committee to advertise, let, and have built, the alterations necessary to the improvement, and perfect- ing the Court House in Henderson County. It is further ordered that the sum of twelve thousand dollars be, and is hereby appropri- ated for the purpose of reconstructing and repairing the interior of the building. It is further ordered, that the committee consist of

HISTORY OF HENDERSON COUNTY, KY.

Henry F. Turner, Jesse Lame and Charles C. Eades, and that they are authorized to borrow that amount on the faith of the county, at a rate of interest not exceeding 10 per cent. for the purpose afore- said."

At the May term, 1865, the committee reported a plan and speci- fications, whereupon the following order was passed : " Ordered, that the report of the building committee this day made, and the plans and specifications of the architects, Mursinna and Boyd, as now shown to the court, be received and adopted, and that the building committee, to-wit : Messrs. Turner, Eads and Lame, be and they are hereby clothed with power to either let the building, repairing and recon- structing of the Court House, at either puplic or private contract, or have the same done under their supervision and control. It is fur- ther ordered that Frank E. Walker be and he is appointed a commit- tee to borrow any sum of money necessary to complete the repairs and reconstructing of the Court House, upon the best terms he can at any rate of interest not exceeding 10 per cent per annum, and pledge the faith of the county for the redemption of the same, and that he pay the same out on the order of the building committee."

The internal arrangement of the building was completely revolu- tionized by the architects, the lower story, which had always prior to that time been used as a court room, was now divided into four large rooms, with halls between and the Circuit Court room moved to the second story. The County and Circuit Clerks' offices were left be- low, but moved from two brick rooms forming an ell to the house into the main building. In this change a large vault was built for the pur- pose of preserving the records of the county against fire. The brick work was done by Weaver and Digman, the carpenter work by James H. Johnson. At the December term, 1866, the building committee reported the work completed according to contract, and the same was received in discharge of the original contract.

The old temple was once more agreed to be as good as new, and far more convenient and comfortable than ever before. The Circuit Court room, now located in the second story, proves easy of ventilation, the breezes roll, in undisturbed waves, through its large openings dur- ing the heat of summer, and are controlled by ordinary fires during the cold months of winter. Located high up above the sins of the world, eloquence towers over the heads of the populace, and the keen call of the Sheriff can be recognized for squares. How long this old

HISTORY OF HENDERSON COUNTY, KY.

building will serve the people or supply the demands of these times of railroads and electricity, no one can tell ; suffice it to say, before another history is written we shall see a stone structure standing in its place worthy of the great county.

CHAPTER IX.

COUNTY CLERK'S OFFICES, ETC.

IN the two preceding chapters I have given a complete history of the county jails and court houses, beginning with the rude log hut used in 1799 and ending with the present magnificent building, stand- ing in beautiful prominence on Court Square.

Doubtless this has proved uninteresting, and many may say it might have been left out. It is a material part of the county's history, however, and in the judgment of the local historians, if their work is to be accredited, is most worthy of being perpetuated.

The county has greatly changed since the lonely debtor sat in gloomy suspense in his prison room, situated in a log cabin, no better, and perhaps not so good as a majority of the stables of the county, brooding over a reckless disregard of credit extended him. Indeed has the county changed. Where wolves and wild animals roamed un- molested, where flocks of wild fowls picked berries from the unculti- vated hillsides and valleys, we now see green fields dotted with im- proved breeds of cattle and sheep.

Where by-paths, trails and traces used to guide the hunter through the forests, we now see a cleared country, with main roads and cross roads, webbing the county from its extreme northeastern to its extreme southeastern corner.

In place of bringing the mails from Hopkinsville on horseback once a week, the iron horse now rushes over his iron roadway, ex- changing the mails as often as once, twice and thrice a day. We might go on and enumerate until wearied and worn, lay down and " nap it " for a new beginning.

HISTORY OF HENDERSON COUNTY, KY.

The clerks' offices of the county, as yet unassociated with any chapter of this work, are no less important in many respects than those already mentioned.

The records kept by the first clerk of the county failed to men- tion his official habitation. Whether he abode his time at Bradley's · Tavern or in one secluded corner of the old school house, or carried . his office in his coat tail pocket, is a matter of which we shall never know more than we now do, unless some expert spiritualist should hold converse with the spirit of that departed and long ago pulver- ized official. Even then should this cunning manipulator of messages from the spirit world meet the historical grievance, so common to all compilers of ancient records and traditionary testimony, face to face, it is likely that he would soon discover his inability to enlighten his anxious auditory. Old age in human kind is a terrible infirmity and terribly damaging to the faculty of memory. Presuming that old spirits are as averse to the worry of recalling long lost events and as inaccurate in dates and locations as old mortals, we are prone to be- lieve from experience had with the latter class, that the entranced medium would meet with but little headway in his spiritual interview, for the gentleman from whom he could hope to get his information has been dead, lo, these eighty-three years. The question naturally arises, " is the memory of an old spirit brighter than that of an old mortal ?" and this question I decline to entertain, leaving it to our learned theologians, determined at all times to give a hearty amen to what they may say concerning it.

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History of Henderson County, Kentucky, Part 8

Author: Starling, Edmund Lyne, 1864- [from old catalog] Publication date: 1887 Publisher: Henderson, Ky. Number of Pages: 892

Author: Starling, Edmund Lyne, 1864- [from old catalog]
Publication date: 1887
Publisher: Henderson, Ky.
Number of Pages: 892