Court Houses of Newberry County
Newberry County, South Carolina
by Jim Clamp and Edith Greisser

JIM:
I had previously believed that Newberry County had a history of five courthouses, including the present one; but with further study, I can now account for eight. The first three courthouses were not built as such, but were other building that were used as the courthouse until the first one was constructed on the land given by John Coate in 1789.

The first Newberry County Court was organized at the house of Colonel Robert Rutherford on September 5, 1785. John Belton O'Neall's Annals indicate that the Court continued to meet "at Colonel Rutherford's house" as late as March of 1787. Judge O'Neall referred to Colonel Rutherford's as "the quasi court house", and wrote that he presumed that it was the only one in the district. It is not clear whether the Court was held in Col. Rutherford's home or in a building on his property outside of his home. In either case we would have to agree that this was Newberry County's first Courthouse. The county court system was reorganized in 1791, reducing the number of judges for Newberry County to three. Colonel Rutherford apparently ceased to be a judge at that time.
EDITH

W. P. Houseal wrote in the Newberry Observer:
RUTHERFORD'S COURT HOUSE:
Robert Col. Rutherford had his home on the South side of the Enoree and near the Keitt Family home. He bought the Courtney Shop site where the City of Newberry now stands. It was not 'centrical' or so he claimed. How he figured that his own home was'centrical' where court was actually held a number of times is a mystery. Maybinton was nearby and in its palmy days it was a thriving country village with one of the first and best academies in the up country located there to breed the leaders and feed the Colleges.
Observer 4/4/1930, p1

According to an article on Page 8 of The Newberry Observer, dated April 6, 1906 the first courthouse located in the Village of Newberry was a wooden structure, located at the cedar spring, Southeast of the old village cemetery, near the railroad embankment. Of course the railroad embankment would not have been there around 1789, but it was there when the newspaper article was written in 1906. This would have been behind present day Boundary Street School and just beyond the ball field. The article stated that when the building was no longer needed as a courthouse, it was sold to Captain Jack Caldwell who built a barn out of it on present Coates Street, next to the Village Cemetery on the back of the lot where the Zack Wright house stands. The newspaper article indicated that part of the building survived into the twentieth century. This would have been Newberry County's second Courthouse.

The section on historic sites in George Leland Summer's 'Historical and Genealogical Annals' supports the Newberry Observer article in part and added that in 1790 the court was moved to a small house at Coate's Shop. This would have been almost 'next door' to the current Court House. It apparently remained there until the first Court House on the public square was completed in 1795. This would have been Newberry County's third Court House. 
 
In 1789, John Coates gave two acres of land for a courthouse and other public buildings. John Willoughby Waters completed the first courthouse constructed on the newly acquired public square in 1795. This would have been Newberry County's fourth courthouse. It was constructed of logs, and in just four years George Schoppert and Thomas Haskit began construction of the next courthouse. The log building was said to have been rolled across the street and used as a tavern.

This fifth courthouse was completed in 1801. Shortly after it was completed George Schoppert built the pillory, the stocks and the public whipping post, necessary for the administration of justice during that period. As stated in Vol. 1 Pope's History of Newberry County, 'This gave Newberry all of the trappings of a frontier courthouse village.' Although this courthouse was well built by master craftsmen, it was still rather small, only forty four by forty eight feet and was made of wood. Complaints were made that it was too small to properly conduct the business of the district and the records were not protected in case of fire. Various petitions were made to the state every year until finally in 1820 the general assembly made an appropriation of $10,000 for a new courthouse at Newberry.

This is a post card purchased on ebay
It was addressed to T. K. Taft of Cornwell-on-Hudson, NY in 1944 and sent by service person J. T. Frazier USCGR1W, Georgetown SC.
'Dear Daddy, am out pounding the pavements and beaches again, but its too cold and rainy to enjoy it. Back to Charleston Thursday. Mary Va. Wyley and friend will be there Thursday to Saturday. Hope its nice weather. Write me at
Charleston Love, Jane
The home in this postcard was fashioned after the the 1823 Court House and is closest to how it appeared. This home was built in Newberry for Dr. Marmaduke T. Mendenhall and later purchased by a woman from NY and moved to Georgetown SC.

The sixth courthouse was designed by noted architect Robert Mills, who was also the acting commissioner of the board of public works for South Carolina. This building was completed in 1823 and the contractors were Grafton and Beck. It was a beautiful brick building, with a portico supported by four large Tuscan columns, extending two thirds of the way across the front of the building and accessed by two semicircular flights of granite steps. Unfortunately this was not a good example of Robert Mills' work, because soon after it's completion the arch at the northwest corner collapsed and had to be rebuilt. Fissures developed in the walls and many other repairs had to be made.

EDITH:
On December 7, 1908 Dr. James McIntosh presented to the Masons of Amity Lodge No. 87 the bronze cornerstone laid in 1823 which read: "The Cornerstone of Newberry Court House - Laid Jan. 18 Anno Lucis 5827, Anno Domini 1823 by Job Johnstone, W. M. of Lodge No. 11 AFM, SC and a Number of Brethren Under a Dispensation from John S. Cogdell, Most Worshipful Grand Master of the Ancient Free Masons of SC - DEFEND THE POOR and FATHERLESS, DO JUSTICE to the AFFLICTED and DELIVER THE POOR and NEEDY; RID THEM OF THE HAND OF THE WICKED Psalm 82:2-4"

JIM:
A new stone jail was constructed directly behind the courthouse in 1825. By 1847 the building was declared to be unsafe, and considered in imminent danger of collapse. A scientific architect was secured to evaluate the building. He reported that it was unsafe and would require extensive repairs. The grand juries made presentments in 1848 and 1849 that the building should be taken down and rebuilt. In 1849 the general assembly appropriated $8,000 for the construction of a new building.

EDITH:
Several receipts for Court House Maintenance have survived and are kept at the South Carolina Archives:
1846, November 17 - Sebastain Kraft was paid $8.25 by John A. Counts, the Treasurer of the Board of Commissioners for Public Buildings of Newberry District for:
repairing the screen for the clerk's office $2.00
repairing the seal for the clerk's office $0.50
renewing the screen for the Ordinary's office $5.00
1847, October 5 - John N. Scofield was paid $50 by H. K. Boyd, the Treasurer of the Board of Commissioners for Public Buildings of Newberry District for examining the Court House in  Newberry and furnishing the Board with a written statement of his opinion and furnishing plans
and specifications for repairing the same.
1848, Oct. - R. C. Chapman & Harrington was paid by the Treasurer of the Board of Commissioners for
Public Buildings of Newberry District for supplies and work in the Court House:
7 yards of green flannel $2.62
23 panes of glass 10x12 $1.84
4 pounds of putty $0.50
1 paper (lachy?) $0.06
making window curtains $0.50
glazing 23 lights in the sash $1.84
putting flannel around the judges desk $0.10 Paid 1849
1849, October 25 - Henry Feller was paid $1.45 by the Treasurer of the Board of Commissioners for
Public Buildings of Newberry District for putting glass in the jail and Court House.
H. Tully was paid $0.95 by the Treasurer of the Board of Commissioners for Public Buildings of
Newberry District for putting glass in the jail and Court House.

JIM:

Before we move on I would like to report on an incident that reportedly took place in this courthouse at about this time in history. Rev. Mark Moore Boyd was a well known Methodist local preacher during a large portion of the nineteenth century. In his biography he related the following story as one of the saddest recollections of his life: "I was present at the execution of a man named Sims. Before he was led to the gallows he was carried into the courthouse and listened to his own funeral sermon preached by a Presbyterian minister. The poor criminal looked awfully sad as he sat on his own coffin and heard his own funeral preached".

JIM:
Construction on the seventh courthouse was commenced with Jacob Graves as the architect and John Dawson as the contractor. It was built directly behind the Mills courthouse, which was then razed. After an additional $1,100 was appropriated this seventh courthouse, (present Community Hall) was completed in 1853.

The stone jail was removed and a new three story brick jail completed on Harrington Street in 1854. Stones from the old jail were used to build a parapet wall behind the court house, which is still visible today behind the community hall.

Found in the Laurensville Herald:
THE NEW COURT HOUSE is at last finished - completely done for, with the exception of the iron banisters. For nearly 2 long years it was undergoing the process of construction, among piles of lumber, bricks, mortar, barrels and other rubbish all the long while obstructing the public square and making it an eyesore to every visitor. It is a beautiful building, beautiful in its design and adaptation to the purposes for which it has been built and reflects great credit upon the architect Mr. J. Graves of Columbia. Mr. John Dameron of North Carolina is the builder. Laurensville Herald 3/18/1853, p2

EDITH:
If buildings could speak, the seventh Court House would be quite the story teller.

During the War Between the States Newberry was the transportation hub for the upstate. This wonderful building was witness to whoever traveled from Columbia northward or from Greenville southward. Travelers passed this venerable building on their way to the train station, either by foot, horse or carriage.

Major General Hood escorted Mrs. Jefferson Davis down Main Street, passing this building on the way to the train depot. Some 'strangers' never made it any further and are buried in the cemeteries of the town.

The Court House building was always the center of whatever transpired in the history of the County. Political meetings were held in its rooms with grave subjects determining the future of the county and its inhabitants. Labor laws were pondered and candlelight meetings were held in support of a telegraph line from Columbia to Newberry. Happier times were also held in those rooms, as when Professor St. Maur, a ventriloquist performed at the Court House April 1869.

Whenever the circus came to Newberry there was always a parade around the Court House and then out to the fair grounds on east Main Street. The Agricultural Society was first formed at a meeting in its rooms. Stockholders held yearly meetings in the building and perhaps because it was so well used it fell into state of neglect. In 1870 The Grand Jury stated the use of the vestibule of the Court House as a restaurant should be abolished. The newspaper complained of the lack of dignity in the Court House. Peanut shells and discarded cigars littered the floors.

S. S. Sieg advertised he would sell fresh milk each morning in front of the Court House on the steps 7 to 9 am. Gov. Scott, Cordoza, DeLarge & Co. were all campaigning in the Court House in November 1872. After speeches the colored band escorted them to the train station. They left a loose pig behind at the Court House.

The petit jury rooms in the Court House were scantily furnished and not in clean condition. In those days the comfort of the jurors was never considered. From the time the case closed until the outcome determined, the jurors were locked up in the jury room with no break. They had to sleep and eat in the same room and so it can be easily understood how cases were so quickly decided.

In 1873 the newspaper reported the Court House had become the hangout of Billy and Nannie goats.

When Hampton was running for Governor in 1876 the town was in a fever over the elections and the Court House was the center of torchlight parades and political speeches made by both black and white voters of both parties.

The Court House steps were used for the sale of slaves, auctions, sales of livestock, political speeches, photography and sadly, even as the scene of the KKK assassination of Amos Baxter.

There was a fire between the rafters and the tin roof in February 1902.

Every ten years or so there would be a movement by the merchants who did business around the Court House to have it moved. Some wanted to roll it to the site now occupied by the Hampton Inn. Their reasons were probably valid. Try to imagine Sale Day (First Monday of the Month). The day would start with the town bell being rung. That was located about where the entrance to the Chamber of Commerce is located today. It was not very attractive being simply a large bell hung from a 'gallows' type structure and rung at the beginning and end of the business day. There would be hundreds of wagons in town with probably twice as many beasts of burden to pull the wagons, all making their own noises. Chickens, pigs, goats and cows would be part of the scene. Some farmers would be selling on the steps until the auctioneer arrived and then the crying out of the sales would commence. Farms and fortunes were lost and gained on those steps.

The mail wagon would enter the town with a bugle blowing to announce its arrival. When the mail train took over the deliveries between the towns the noise increased with the whistles and signals. Folks would be shouting and even yelling at times in order to be heard over the din. Often enough there was someone who lost control of a mule or horse and caused some excitement in trying to calm the animal. There were times when the local merchants felt they just couldn't take the noise any longer. They just believed that if the Court House were moved away that the town would be a more friendly place for the shopper. But the town lawyers always pointed out that if the Court House was not kept on the grounds it would endanger the city's title to the public square and the lease to the County given by John Coates might be invalidated.

EDITH:
Three bids for the job of building the seventh Court House:
John Dawson - $8,000 with exceptions
J. Painter - $8,000 with exceptions (did not want to finish off the interior brick walls in the Court Rooms)
J. N. Scofield - $9,000 with exceptions (did not want to go deeper than 2 ½ feet for the foundation)
John Dawson was awarded the contract. On 9/30/1850 he made exceptions to the contract:
"I will build the new Court House in the town of Newberry SC as specified in the plans and specifications made out by Jacob Graves, architect in Columbia, with the following exceptions.
No hone stone - split stone to be used in the foundation
No chairs in the building
No blinds to the upper windows
The foundation not to average more than five feet under the ground - if more than that I will expect pay for it.

I will do the building for $8,000 plus the present Court House, payable as follows:
$1,000 when the foundation is up
$1,000 more when the brick walls are up
$2,000 more when the roof is on
$4,000 when the building is completed

The present Court House is to be given up when the called for pressed brick, named in the specifications, is what is to be used - the size to be altered as to work by the side brick in the old Court House." Signed, John Dawson

The building is to be covered in tin. Signed, John Dawson
I further oppose to putting shutters to the windows in the upper stories. John Dawson
October 18, 1850
To H. K. Boyd Esq.,
Dear Sir,
I send you enclosed my bond for complying with the contract that I made for building a Court House in the town of Newberry which I hope will be satisfactory. I will be in Newberry with some hands as soon as I get through in Spartanburg which will probably be before the 1st of January. I want you to rent for me a house, a cheap house, that will be to keep 12 or 15 hands in. Signed, John Dawson
P. S. Please write me by return mail if you have received that bond. Signed, John Dawson

Sureties for the bond given by John Dawson were:
Thomas Williams
D. Fromburger, R. B. Smith, R. Champion, A. R. Hornsby, J. Hardin
During construction of the seventh Court House the Court of Session was held in the Baptist Church.
1858, March 13 - H. H. Blease was paid $5 by the Treasurer of the Board of Commissioners for Public Buildings of Newberry District for cleaning and opening pipes in the Court House $3 and making new funnels, $2.
1861, March - Mr. Howard was paid $3.75 by L. I. Jones, the Treasurer of the Board of Commissioners for Public Buildings of Newberry District for framing and caulking the large case Court House windows on the 16th, 18th and ½ day on the 19th of March.

JIM:
 After The War Between The States, a bas-relief was added to the face of the front gable by Osborn Wells. It depicted an uprooted palmetto tree in the beak of an eagle with a dove of peace in the branches, and with a defiant gamecock perched on the roots. The tree represents the ruined State of South Carolina in the grasp of the radical central government during Reconstruction. The dove represents the uneasy peace that prevailed, and the gamecock represents the spirit of South Carolina, defiant in defeat. A gold coin was placed in the eye of the eagle which reflected the light of the sun, but it disappeared a good many years ago. It may have fallen out or some say it may have been removed by one of the painters working on the building.

EDITH:
1866, May 25 - W. D. Reagin was paid $50.00 by the SC State Treasurer for delivering boxes of records from Newberry to Columbia weighing 2,000 pounds @ the rate of $2.50 per 100 pounds. There was included a letter from Mr. Hood, Treasurer, to Mr. L. I. Jones stating that Mr. Reagin had been paid out of his own pocket as there were no funds in the State Treasury.
1867, April 9 - the roof received a repair for $20.
1867, February 14 - Blease & Wright Co. was paid by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for:
Repair of roof and cleaning out gutters $5.00
Solder used on roof $1.00
Repair and putting up a conductor $5.00
5 conductor hooks at 35 cents each $1.75
5 pounds of zinc $2.00
putting zinc on the benches $2.50
2 water boxes for the jury room $5.00
46 ½ feet of conductor $18.60
6 elbows $2.40
8 spikes or hooks $2.80
taking down old water pipes $2.00
cleaning out closet $1.00 
1867, April 9 - Blease & Wright Co. was paid $20.00 by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for repair of the roof of the Court House.
1867, June 30 - Blease & Wright Co. was paid $1.50 by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for cleaning the water closet of the Court House. The Total due for all work done thus far was $70.55. Total amount was paid 7/10/1868

Reported by the Herald October 1866 - the railings on both side of the Court House steps were being torn down and repaired and in January 1907 the newspaper reported the new and substantial railings were in place.
1867, January - W. A. Cline was paid by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for:
Repair of Court House window $5.00
Hinges, screws, nails $3.50
Blacksmithing done by Larne $0.37
1867, April - W. A. Cline was paid $215.00 by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for 3 large book cases. 
1868, March 18 - I received $4 from Treasurer of the Board of Commissioners for Public Buildings of Newberry District for Lettering at the Court House to 'Keep off Horses".
Spring 1868 the Court House roof leaked.
I do hereby certify that William Johnson prepared the Court Room for holding the July Term of Equity 1868 and that he is entitled to receive compensation. 
Silas Johnstone, Commissioner of Newberry District
I am satisfied that $3 is not an improper charge for the service rendered.
James A. Baxter, Commissioner
1868, July 10 - John R. Leavell was paid $37 by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for:
Cleaning the Court House three times: $21.00
For having Evans make a key $06.00
For calling meetings $10.00
 $37.00
E. P. Lake was paid $24.00 by R. H. Wright, Treasurer of the Board of Commissioners for Public Buildings of Newberry District for 24 split cotton chairs.
In 1869 a contractor's bid notice was placed in the newspaper to make two offices underneath the Court House, each to be 18 feet square x 8 feet high etc.

JIM:
In 1876, during a heated debate, Colonel Augustus Dickert is said to have ridden his horse up the steps to the second floor of the courthouse. I haven't seen an account of how he got the horse back down. In 1916 the county delegation considered tearing the courthouse down. A local chapter of The Daughters of The American Revolution spearheaded a drive to save the beautiful landmark. It was put to a vote of the citizens of Newberry County resulting in the building being saved as a community center. The American Legion used the large Hall as their headquarters, holding meetings and dances there. After World War II the Civic League, under the leadership of Mrs. Mamie Summer saw to the renovation of the building, and named it "The Community Hall". It remains as a beautiful and useful showpiece in the center of town today.

EDITH:
1903, February - The Grand Jury of Newberry County at the February term of Court recommended that a sewage connection be made with the Court House and jail. J. M. Schumpert, supervisor of Newberry, then made arrangements with the Newberry Hardware Company to have the sewage installed. According to Law, Mr. Schumpert was required to take the lowest of three bids as the awarding contract, which he did not do. When Newberry Hardware Company was finished with their work, Mr. Schumpert hired a Mr. G. G. Browning of Columbia, experienced plumber, who swore in a written affidavit that the work done was performed correctly and that the bill for the work was appropriate. An investigation into the actions of Mr. Schumpert were dismissed as there could be proven no wrong doing on his part. Page 8, Newberry Observer 2/12/1904

JIM:
The eighth and present courthouse for Newberry County was completed in 1908 at a cost of $50,000. Frank Milburn was the architect for this beautiful classical revival building of red brick with three porticos and Ionic columns. There is a new annex across the street in front and new drive by offices across the street in back, along with a complete renovation and beautification of the courthouse completed in 2004.

EDITH:
Senator Cole Blease introduced a bill for the building of a new Court House in Newberry at a cost of $40,000, in February 1906. The Bill was ratified in both houses and commissioners were named. Then came the decision of where to build it. After much debate the site was selected and the architect determined. Two old homes stood on the lot for the new Courthouse to be built. The GODSEY House was bought by D. M. Wells and moved north on College St. to next to W. M. Shackleford. The MONTGOMERY House was bought by A. L. Knighton and was mentioned to be destined for Nance St. However T. C. Pool bought a lot from the Gantt property on Harrington St. and had the Montgomery house placed on it. The location was just opposite the new Courthouse site.

George W. Waring of Columbia was awarded the contract to build the Court House. His bid was $39,473 - the highest bid being $48,000. The Commissioners added and adjusted a few requirements for the construction and in that year had raised the cost of construction to $45,000. The extra $5,000 for the building of the Courthouse was approved by the House and Senate. A Plan to open a street between the Hotel Frederick (Crotwell and later Wiseman Hotel) and the Court House was stopped when the general public agreed it would cause too much surrounding noise when the windows were open during Court Sessions.

The Art Steel Company was awarded a $3500 contract for steel furniture for the Court House and Fielder & Allen Co. of Atlanta GA was awarded the contract for $3200 worth of office furniture other than the steel furniture already purchased. It took 25 men to move the big safe of the County Treasurer from his old office to the new Court House. (The safe was empty - The County had run out of money)

The Newberry Civic association requested the old court house be used as a library and rest room facility for shoppers.

In June 1908 the last Court session was held at the seventh Court House. During State elections in August there was a question on the ballot concerning the removal of the Old Court House. The vote was 1139 for removal; against removal was 1169.

The first Sessions Court in the new Court House opened on November 16, 1908 with kerosene stoves used for warmth because the heating system would not be completely installed until January.

JIM:
 I realize that when I say there were eight courthouses in Newberry County, I am in conflict with previous historians who say that there were only five. I respect their work as better than mine. In fact, this writing is based entirely on information from their works, plus the Newberry Observer article of April 6, 1906. It is true that there were only five courthouses built as such but I also believe that the first three locations where Court was held were the Court Houses of that day. I welcome information that anyone may have that proves me right or wrong.

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