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diff --git a/35026-8.txt b/35026-8.txt new file mode 100644 index 0000000..f4aa997 --- /dev/null +++ b/35026-8.txt @@ -0,0 +1,1581 @@ +Project Gutenberg's The Court Houses of a Century, by Kenneth W. McKay + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Court Houses of a Century + A Brief Historical Sketch of the Court Houses of London + Distict, the County of Middlesex, and County of Elgin + +Author: Kenneth W. McKay + +Release Date: January 21, 2011 [EBook #35026] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE COURT HOUSES OF A CENTURY *** + + + + +Produced by Charlene Taylor, Louise Pattison and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/Canadian Libraries) + + + + + + + + + +[Illustration] + +The Court Houses + +--OF A-- + +Century. + +1800-1900. + + + + +[Illustration: HOUSE OF LIEUT. JAMES MUNRO, ERECTED 1798, LOT 14, CON. 5, +CHARLOTTEVILLE--USED AS COURT HOUSE, LONDON DISTRICT, 1800-1802. +(_Reproduced by permission of the Ontario Historical Society and William +Briggs, Publisher._)] + + + + +[Illustration] + +The Court Houses + +--OF A-- + +Century. + +A Brief Historical Sketch of the Court Houses of the London District, +the County of Middlesex and County of Elgin. + +COMPILED BY +KENNETH W. McKAY, COUNTY CLERK. + +PUBLISHED BY +THE ELGIN COUNTY COUNCIL. + +With Introduction by James H. Coyne, B. A. + +THE TIMES PRINTING COMPANY OF ST. THOMAS, LIMITED. + +1901. + + + + +CONTENTS. + + + PAGE. + + 1. Introduction. By J. H. Coyne, B. A. 1 + + 2. The Munro House, 1800-1802 5 + + 3. The Turkey Point Court House 6 + + 4. The Vittoria Court House, 1815-1826 7 + + 5. The London Court Houses, 1826-1853 7 + + 6. The Elgin Court Houses, 1853-1900 9 + + 7. Statistics--Population, Number of Houses, Etc. 27 + + 8. Plan of Court House 28 + + +ILLUSTRATIONS. + + 1. Frontispiece. The Munro House + + 2. The London Court House 8 + + 3. Warden Locker, 1852-1855 10 + + 4. The Elgin Court House, 1860 11 + + 5. D. J. Hughes, Esq., County Judge, 1853 12 + + 6. The Elgin Court House Before the Fire 13 + + 7. Court Room after the Fire 14 + + 8. Wardens 1898-1899, Chairman Building Committee, + Architect and Contractor 16 + + 9. New Court House 17 + + 10. D. J. Hughes, Esq., County Judge, 1899 18 + + 11. Court Room 19 + + 12. Library 20 + + 13. County Council Chamber 21 + + 14. County Clerk's Office 22 + + 15. Stained Glass Window, Main Stairway 23 + + 16. Court House, East Side, showing Jail Entrance 24 + + 17. Gaol Yard 25 + + 18. A Gaol Ward 26 + + 19. Plan of Building 28 + + +REFERENCES. + + District and County Records. + + Oxford Gazetteer, by Shenston. + + U. E. L. Settlement at Long Point, by Tasker. + + + + +_"In any age it is a duty which every country owes to itself, to +preserve the records of the past and to honor the men and women whose +lives and deeds made possible its present, and to-day when the whole +civilized world is throbbing to social and political impulses of the +greatest significance for the future, we ought especially to call to +mind such lives and deeds and catch, if we can, inspiration for acting +well the part that falls to each of us."_ + + + + +INTRODUCTION. + + +THE PASSING CENTURY. + + +The Wonderful Century is before the bar of history. Its record shows +everywhere progress, consolidation, expansion, improvement. Civilization +has spread, barbarism has given away. Labor has been restored to its +honorable station, and idleness is accounted dishonor. Privilege has +been curtailed, liberty has widened its borders. Slavery has almost +disappeared from the earth. The beneficent forces are stronger. The +comforts and conveniences of life are increased and more evenly +distributed. Disease and pain have been brought under control. + +Life has been made more interesting. Travel is easier and cheaper, and +mankind has become acquainted with the world it inhabits. The stars have +been discovered. They have been weighed and analysed. The human mind has +expanded with wider knowledge. + +The railway, electricity and the Postal Union have gone far to blend the +nations into one. Every day, all round the globe, men read the same +news, think the same thoughts, are thrilled with the same tidings of +heroism or suffering. Human sympathy is broadened and deepened. Mankind +is more homogeneous in spirit. Statecraft, literature, society, have +become democratic and cosmopolitan. + +The spirit of union dominates the century. The forces of disunion and +disintegration are everywhere routed. Mutual benevolence is organized +for greater effectiveness. Universal education, equality of rights and +responsibilities, are principles of government. Religion, emphasizing +points of agreement and ignoring points of difference, manifests itself +in its works as never before. + +The century spans the years from Copenhagen to Paardeburg, from Nelson +and Napoleon to Roberts and Kruger. As the battle of Copenhagen +established the naval supremacy of Britain, so Paardeburg welded the +empire, one and inseparable. In 1800 the principle of a United Empire +was represented by the Loyalists of Upper Canada standing almost alone. +In 1900, borne by their descendants to the distant plains of South +Africa, it reached its full fruition in the final charge by the +Canadians under Otter, on the banks of the Modder River. The principle +includes the realization of all that the century stands for--union, +equal rights, progress, justice, humanity. + +It is my task to say a brief foreword on the progress of Canada and +especially the county of Elgin. The beginning of the century found +Ontario almost an unbroken wilderness. Rare and scanty were the +clearings here and there along Lakes Erie and Ontario, and on the great +rivers. The winter express from Detroit to York or Niagara, made its way +along the lonely forest path. At long intervals only did he perceive the +smoke rising in the crisp air, from the hospitable and welcome cabin. +The frightened deer bounded across his path into the deeper woods. The +bear hybernated in the hollow tree. The long howling of the wolves broke +on the midnight air. The lynx and panther crouched among the branches, +ready to spring on the unwary traveller. The only sign of human life was +the Indian hunter following the trail of the turkey or wild beast. + +It was in the first year of the century that a young man of twenty-nine, +giving up brilliant prospects in the army, and turning his back on +society, found his way to the township of Yarmouth and began a clearing +at or near Port Stanley. With royal dukes for his advocates, he applied +to the Imperial authorities for a large grant of land to form a +settlement. Two years later he succeeded. Yarmouth had been appropriated +to others, and Colonel Thomas Talbot began his actual settlement in +Dunwich. In the middle of the century, or more accurately in the year +1853, he died. In the same year the separation of Elgin from Middlesex +was completed, and Colonel Talbot's "capital," St. Thomas, was made the +County Town. + +Nearly another half century has passed since then, and it includes the +history of the County of Elgin as a separate municipality. + +The death of the eccentric founder of the settlement divides nearly +equally the history of the county from the time when its only +inhabitants were the bear, wolf and panther, to the end of the century, +which finds the county well cleared and cultivated throughout its entire +extent; intersected by splendid highways, including the lines of five +railway companies; peopled with a numerous and enterprising community, +God-fearing and law-abiding, industrious and prosperous. The thriving +city of St. Thomas, the enterprising and flourishing town of Aylmer, and +numerous promising villages, advancing with rapid strides in magnitude +and importance, form centres of population, where a century ago the +primeval silence was unbroken, save by the footfall of the Mississaga +ranging the woods in pursuit of game. + +It was during the first decades of the century that the pioneers came. +From them the present population is largely sprung. Dunwich was the +first to be settled. A few immigrants from the Eastern States settled +near Port Talbot. Then the overflow of settlement from Long Point made +itself felt in Southwold, Yarmouth, Malahide and Bayham. Before 1820 the +Highland settlements began in Aldborough and Dunwich. The wanderings of +the Kildonan settlers from Hudson's Bay to Red River, and thence +eastward to Upper Canada and southward, to the settlements on Lake Erie, +add a tragic episode to the story of the pioneers of West Elgin. Their +hardships, sufferings and heroism can never be forgotten. Much later +came the settlement of South Dorchester. + +These were the men who felled the forest, let the sunlight into the +wilderness, drained the swamps, cleared and fenced the bush, made the +roads and bridged the fords, "drave out the beasts," and established +schools and churches. They were the sifted grain of Canadian +immigration. For the Colonel was determined to have none but the loyal, +industrious and enterprising, and was discriminating in the choice of +settlers for this County, among the numerous applicants for land. + +Such were the pioneers of Elgin. We inherit the fruits of their +strenuous toil and struggle. It was they who, with dauntless courage and +unfaltering determination, braved all hardships, the loneliness, the +privations, the sufferings of pioneer life, that we might enjoy the +harvest of their labors. They slept on the bare ground in the forest +shanty, and hewed with mighty toil the log huts, that their sons might +live in framed houses, and their grandchildren in houses of brick +furnished with the appliances of modern civilization. They sowed and we +reap. + +In the old churchyards at Tyrconnel, New Glasgow, St. Thomas, and +elsewhere near the lake shore, they rest well after their labors. The +mouldered headboards have given way to the marble slab or stately +monument, that records their brief history--that they lived and died. +Their true and imperishable monument is the manhood and womanhood of +Elgin, the beautiful farms and homes, the noble institutions of religion +and education. Their names will be forever honored among the founders of +the Canadian nation, and after a thousand years men will be proud to +count their descent from the pioneers of Elgin. + +The public buildings of a community are a fair index of the character of +the people. In this view, the completion of the new Court House is an +event, and its evolution, as recorded in this volume, is a study of +historical and sociological value. + +The new building is admirably adapted to the purposes for which it is +intended. It is up-to-date in every particular. Visitors from other +parts pronounce it, as its predecessor was pronounced when first +erected, one of the handsomest and most commodious public buildings in +the Province. The architect and contractors have done their part well; +but the credit is mainly and beyond all due to the public spirit of the +people of Elgin, who were resolved that nothing short of best would +satisfy them, and who were willing to be taxed to a reasonable extent +upon the sole condition that the building should be well and honestly +built, be a credit to the county and answer its purpose. + +Doubtless before another century rolls round, the increase of population +and wealth may call for an enlarged building, but it is certain that no +changes in architectural science will produce one that will better +reflect the intelligence and enterprise, the wealth and the culture of +the people, than the beautiful and commodious structure, which is to-day +the pride and the boast of the citizens of this county. + + JAMES H. COYNE. + + + + +The Court Houses of a Century. + + +The History of the Court Houses of Ontario is closely associated with +the development of the Province. The first recognition of population in +South Western Ontario was the formation in 1788, of the District of +Hesse and the appointment of Justices of the Court of Common Pleas, and +other officials. + +The only inhabitants were in the French settlements around Detroit, +where the barracks and Government House were located. In 1792 Upper +Canada, now Ontario, was divided into nineteen Counties, Norfolk, +Suffolk, Essex and Kent occupying nearly the same territory as the +District of Hesse. Representatives to the Provincial Parliament were +elected and, at the first session convened at Niagara in September, +1792, an Act was passed for building a Gaol and Court House in every +district, and for altering the names of the districts. Hesse was +hereafter called the Western District, and the Court House and Gaol was +ordered to be built at Detroit. The Courts were held there until the +evacuation of Detroit by the British in 1795, after which they were held +in the Parish of Assumption, now Sandwich. D. W. Smith, in his Gazetteer +of 1799, states: "That there is a good Gaol and Court House," in +Sandwich, "situated a little below the fort of Detroit, on the east side +of the river." + + + + +The Munro House, 1800-1802. + + +The U. E. Loyalists settlement of Norfolk commenced in 1793, and in 1798 +the rapid increase in population was recognized by a division of the +Western District and the formation of three Counties, Norfolk, Oxford +and Middlesex to be known as the London District. This was organized by +the appointment of a general commission of the peace and the necessary +officials. The first meeting of the resident Magistrates was held in the +house of Lieutenant James Munro, of Charlotteville, on 1st April, 1800, +for the purpose of carrying the Commission into execution, and the first +General Quarter Sessions of the Peace for the District was ordered to be +holden at the same place on Tuesday, the 8th day of April, 1800. + +The Munro House above referred to, was built in 1796, on lot 14 in the +5th concession of Charlotteville. It was the best house which had been +erected up to that time, and stands to-day as an old land mark, about a +half mile back from the road running straight west from Vittoria. It is +a two story frame house of considerable size. The frame was made of hewn +timber, with bents four feet apart, strengthened by tie girths, morticed +and tendoned--a marvel of axeman's skill. The planks for the floor and +sheeting were cut out by the whip saw. The original roof is on the +building at the present time. The shingles are of cedar, rudely whittled +by the draw knife, and show in places an original thickness of over an +inch. + +A temporary jail was erected near the house, a log building fourteen +feet by twenty-five feet, divided into two rooms--one for the debtors +and the other for those charged with criminal offences. This building +was erected during the winter of 1800 by day labor, and was used for +nearly a year. The courts were held here until 1802, when they were +removed to Turkey Point or Fort Norfolk under the authority of an Act +passed in the year 1801. + + + + +Turkey Point, 1802-1812. + + +The Courts at Turkey Point were first held in the public house of Job +Loder. In 1803 the contract for a court house was awarded. It was to be +a frame building forty feet in length by twenty-six feet in width, to be +two stories high, the first or lower story to be ten feet between floor +and ceiling, and the second or upper story to be eight feet high. The +original specifications were as follows: "The building to be erected on +a foundation of white oak timber squared, the same to be sound and of +sufficient thickness, the building to be shingled and to have two +sufficient floors, an entry eight feet wide to be made from the front +door across one end of the lower story, from which winding stairs are to +be erected to ascend to the second story; two rooms are to be +partitioned off in the second or upper story for juries. Nine windows +are to be made in front and ten in rear, of twenty-four lights each, +seven by three. The front door to be made of inch and a half plank, six +panel, and to have a good sufficient lock and key. Two windows are to be +finished in the first story opposite each other, so as to afford +sufficient light to the bar, besides two windows of fifteen lights each +behind the Judge or Chairman's seat. The rest of the windows are to be +cased and nailed up for the present. The Bar, table, Justices' seat, +benches for the bar and a table for each jury room, and benches for the +same are to be finished; the three inside doors to be temporary; a seat +and writing table for Clerk, to be made between the bench and the bar. +Note--The house to be raised, shingled, weather-boarded and floored, +and the bench for the Judge and Justices, Judge or Chairman's writing +desk, Clerk's seat and table, the bar and table and benches therefor, +the four windows below and two above to be finished, the rest of the +windows cased and nailed up. The front door to be finished, and the +other three temporary doors to be made and hung. Comprehends the present +contract proposed by the court to be performed by the next assizes for +this district." + +Courts were held in this building commencing in the year 1804 until it +was appropriated for the use of prisoners during the war of 1812. + + + + +The Vittoria Court House, 1815-1826. + + +In 1815 an act was passed which provided that the courts of general +quarter sessions for the district of London should be held at +Charlotteville. The Magistrates were ordered to make a choice of the +most convenient place, and a meeting was accordingly held at the house +of Thomas Finch on the 13th June, 1815. John Backhouse, Thomas Talbot +and Robert Finch were appointed Commissioners to superintend the +building, and a brick court house and gaol was erected at Vittoria at an +expense of £9,000. During the erection of the building, courts were held +in the houses of Thomas Finch, Francis Beaupre and Mathias Steel. The +first meeting of the sessions was held in the new court house on 8th +April, 1817, and it was used until 1826, when it was partially destroyed +by fire. + + + + +The London Court Houses, 1826-1853. + + +An Act was then passed to establish a District town in a more central +place, and courts were ordered to be held in some part of the +reservation made for the site of a town near the forks of the River +Thames. This was at London where four acres were set apart for the +purposes of the jail and court house. The commissioners appointed for +the purpose of erecting the building, Thomas Talbot, Mahlon Burwell, +James Hamilton, Charles Ingersoll and John Matthews, held their first +meeting in St. Thomas. During the erection of the court house at London, +courts were held in a private house at Vittoria, and afterwards at St. +Thomas. Dr. C. Hodgins, in his History of Education of Upper Canada, +states that on one occasion the Court of King's Bench, with Judge +Sherwood presiding and the late Sir John Beverley Robinson in attendance +as King's Attorney, was held in an upper room of a building used by Mr. +Stephen Randal as a grammar school. This building was afterwards +removed to the school lot near the present residence of Judge +Ermatinger, and was known as the "Talbot Seminary." + +[Illustration: THE LONDON COURT HOUSE. + +_From "Illustrated London," copyrighted. By permission London Printing +and Lithographing Co. (Limited.)_] + +The first court house in London was constructed of flat logs, and on the +ground floor was a log partition to separate the jail from the jailer's +room. The court room above was reached by stairs outside. This was +followed by the erection of a two story frame building upon the same +square where the present court house stands, but closer to the street. +In one end of the first floor were placed two cells, which were rendered +more secure by being surrounded with logs, from which the building +acquired the distinctive title of "The Old Log Court House." Courts were +first held there in 1828. + +In 1838 a new jail was proposed, and in the years 1843 and 1844 the +present jail and court house in London was completed at a cost of +£8,500. The latter resembles the castle of Malahide near Dublin, the +birth place of Col. Talbot. + + + + +The Elgin Court House, 1853-1898. + + +The County of Elgin was established by an Act of the Legislature passed +in August, 1851, and formed a union with Middlesex until County +Buildings were erected. The provisional County Council held its first +meeting in the Town Hall, St. Thomas, on April 15th, 1852. The first +business was to erect a jail and Court House. Offers of building sites +were received from Messrs. Curtis and Lawrence and Benjamin Drake. The +Curtis sites were north of Talbot Street and West of East Street. The +Lawrence site, two acres, included the lot on which the Post Office now +stands. The Drake site appears to have been considered suitable before +the county was formed as a deed from Benjamin Drake to Queen Victoria, +dated the 25th of October, 1848, and registered the 30th of October, +1851, conveys the Jail and Court House Block to Her Majesty for public +buildings for county and district purposes only. A resolution of the +County Council shows that the final acceptance of this site depended on +obtaining water at fifteen feet, failing this a new site was to be +chosen. The location for the building on lot selected was next +considered. + +Petitions to front the buildings on Stanley Street were presented, but +they were ordered to face north so as to stand parallel with the Talbot +Road in front of Queen Street. + +Plans were received from architects Thomas and Tully, of Toronto, and +John Turner of Brantford. + +The plans submitted by Mr. Turner were the same as for the Court House +at Brantford, which he was building. These were adopted with some +changes suggested by other plans before the council. + +The contract was awarded to Garner Ellwood for £4,580, on the 19th June, +1852. The jail, jailor's house, etc., to be completed by the 15th +September following, and the Court House on the 1st August, 1853. + +The Building Committee consisted of the whole council, of which Messrs. +Clark and Locker of Malahide, Ganson of Yarmouth, Skinner of Bayham, +Munro of Southwold and Parish of St. Thomas, were the most active. +Thomas Cheeseman was the architect's superintendent in charge of the +work. + +[Illustration: WARDEN LOCKER, 1852-1855] + +The jail was not completed until the spring of 1853, and on the 23rd of +March Mr. Ellwood gave up the contract, £2,764 having been expended. The +Warden was then authorized to proceed with the work which, with the +exception of minor contracts, was completed by day labor, with Thomas +Fraser, builder, of London, as superintendent. The Gaol as at first +erected was not satisfactory, the plan being defective. This increased +the cost and when the buildings were completed and furnished in 1854, +the total expenditure was £11,405. Mr. Ellwood in tendering for the +buildings was guided by the figures supplied by Architect Turner who was +then erecting a court house at Brantford. In a subsequent report to the +council Mr. Turner states that in the erection of the Brantford building +he ruined himself, and that he could not have erected the Elgin +buildings at a less price than they cost the county. + +A Special Committee reported on completion of the work: "That after +taking into consideration the advance in price of material and +labor--that the buildings have been erected in as judicious and +economical a manner as the circumstances would admit, and that the +beautiful workmanship and design is not surpassed by any building in +Canada west." + +[Illustration: THE ELGIN COURTHOUSE, 1860.] + +The Royal Arms Rampant, which is very much admired, on the front of the +Court House, is in size twelve feet by six feet, and cost £93. They were +supplied by Messrs. Cochranes and Pollock of Toronto, from a sketch +drawn by Mr. John M. Walthew who also painted the picture placed in the +court room, the beauty of which the council acknowledged by special +resolution in January 1855. Sculptured faces were placed in the east and +west gables of the building. That in the west resembles Lord Elgin, +after whom the county was named, and the other may be architect Turner +but at present no one seems to know definitely who they were intended to +represent. + +In 1853 the Town Hall of the Village of St. Thomas was secured for court +purposes on condition that any fittings, etc., required were to be +supplied by the County, and left in the building when court house was +completed. Plans of the new buildings and of the town hall were +submitted to the statutory commissioners, and approved of as suitable +for court purposes. On the 30th of September, 1852, a proclamation was +published in the Official Gazette, dissolving the union of Elgin and +Middlesex. + +[Illustration: D. J. HUGHES, ESQ., COUNTY JUDGE, 1853.] + +The Officers appointed were: + + Judge, David John Hughes. + Sheriff, Colin Munro. + Registrar, John McKay. + Clerk of Peace, James Farley. + Clerk of the Court, Peter Murtagh. + Jailor, John King. + County Clerk. William McKay. + County Treasurer, William Coyne. + County Engineer, Charles Fraser. + +During November, 1853, the offices of the Sheriff, Clerk of the Peace +and Clerk of the County Court were located in one room in the apartments +erected for the Jailor. + +On the 15th of November, 1853, the first court of quarter sessions of +the County of Elgin opened at St. Thomas in the Town Hall, David John +Hughes, County Judge, presiding. In opening the court, the Judge +delivered the following address to the Grand Jury: + + GENTLEMEN OF THE GRAND JURY.---- + +"It is usual for the presiding Justice at our criminal courts to address +to grand inquests, remarks upon the duties which have to be discharged +by them. This being the first time we have met together in our relative +capacities, I think the occasion a becoming one for congratulating you +and the inhabitants of this fine county in general, in being now +separated from the senior county for the transaction of all the +judicial, municipal and other business of our inhabitants. + +[Illustration: THE ELGIN COURT HOUSE BEFORE THE FIRE.] + +Anyone who has lived in what was the London district for twenty years, +and who will look back upon the time when, with little better than a +mere track to guide or assist them, most of the settlers were obliged to +travel the primeval forests to distances of fifty or sixty miles to +attend courts, and for other purposes in the way of business, and who +now have public offices almost brought within reach of their own doors, +cannot but feel thankful that a gracious Providence has favored the +country and its inhabitants with such prosperity--a prosperity which is +still on the increase, at a rate surpassing the expectations of the most +sanguine. + +If we look beyond the limits of our own county and view the Province at +large, we see progress and prosperity, peace, contentment and general +happiness surrounding us. We find the minds of the people progressing +too, for with a bountiful provision for schools and a well ordered +system, the rising generation are enabled, and doubtless will keep pace +with their monetary prosperity. + +The encouragement that agriculture has met with in an increased demand +for the staple produce of the county, and remunerative prices will call +for an improved system of tilling the fields. The encouragement given to +manufactures by the increased consumption, justifies enterprise in an +increase of fabrics; and all these call forth the necessary supply of +improved and cultivated minds--so that enquiry is awakened, and the +benefit of our schools and colleges is every year becoming more and more +appreciated and will be so much better attended and encouraged, that +they will themselves improve in their standard and tone, so that Canada +in one or two generations will equal, if not successfully rival, parts +of the world which are now considered amongst the freest and most +contented. + +[Illustration: COURT ROOM AFTER THE FIRE.] + +We enjoy a liberty in our civil and religious affairs which admits not +only of a freedom of thought, but action. We can watch our very rulers, +and have the means in our hands of curbing usurpation of power or +infringements of rights by the privilege we can exercise of approving or +disapproving of the advisers of the crown. We can worship the Almighty +in our own way; no one venturing to disturb or make us afraid. We can +educate our children almost entirely at the public expense, and place +them within reach of the highest honors that their talents entitle them +to, or that the country can bestow. The time has gone by for those +honors to belong only to a class; or when promising aspirants can be +successfully frowned upon by those who fancy that they hold a +prescriptive right to them; and the time has arrived for men not to be +judged by the occupations they are day by day employed in, but by the +integrity of their purposes, the cultivation of their minds, the +uprightness of their characters, and their successfulness in +accomplishing some good for themselves and their fellow-men. + +In entering upon the duties of the office I fill, I must confess my +misgivings as to the ability to discharge them aright. They are onerous, +responsible, and will be at times arduous and disagreeable. I depend +upon the forbearance of those with whom I shall be brought in contact, +and claim their assistance and advice when necessity shall suggest it. I +desire to see the great body of the people, whose business or affairs +shall be brought under my judicial notice, satisfied that justice and +right are aimed at, however, I may fall short in administering them, and +in my magisterial capacity I rely upon the aid of my brother magistrates +to further these motives; for I doubt not that by mutually according to +one another, integrity of purpose, (as I shall at times desire to +attribute to them) we shall be able to accomplish much good in the way +of checking vice and setting a good example to the several neighborhoods +we respectively inhabit. + +The County Buildings are not yet quite completed, but I am informed that +before the next sessions, the Court may be held in them; and when +finished I am satisfied they will not be surpassed in beauty, +convenience and comfort by any in the Province." + +The first Court of Quarter Sessions was held in the Court House, on the +5th of January, 1854, and on the 11th of April, in the same year, Hon. +Justice Draper opened the first Court of Assize. Col. John Prince, +Q. C., one of the lawyers in attendance at this Court, complimented the +County on the magnificence of the Court House, which, he said, was +unsurpassed by any Court House in the Province. + +On June 7th, 1854, all of the offices in the Court House were occupied, +and the building completed, with the exception of some painting and the +erection of the Royal Arms. + +The County Buildings remained the same until the gaol was rebuilt, and +wall erected in 1872. This was followed by a new Registry Office in +1874, and a Gaoler's residence in 1889-1891. On the 1st of July, 1898, a +fire occurred at midnight, destroying the roof and upper portion of the +Court House, the whole building being damaged by water. + +[Illustration: DANIEL LANG. Warden, 1898.] + +[Illustration: OSCAR McKENNEY. Warden, 1898.] + +[Illustration: ARCHIBALD J. LEITCH. Chairman Building Committee. +1898-1899.] + +[Illustration: NEIL R. DARRACH. Architect.] + +[Illustration: ROBERT CARROLL. Contractor.] + + + + +The Elgin Court House, 1898-1900. + + +[Illustration: THE NEW COURT HOUSE.] + +The first meeting of the County Council, after the burning of the Court +House, was held in the Grand Central Hotel, St. Thomas, on July 8th. The +Insurance appraisers' award fixing the amount of damage at $5,509, was +then presented. Mr. J. M. Green, contractor, was valuator on behalf of +the County. The County officials were consulted in reference to +temporary accommodation, and the Clerk was authorized to rent offices +from Mr. Charles Spohn, on the south-west corner of William and Talbot +streets. A special Building Committee was appointed, with power to +employ an architect, visit other Court Houses, to have plans prepared, +and report. The committee, consisting of Messrs. A. J. Leitch, S. B. +Morris, D. Turner, R. Locker, D. F. Moore. W. B. Cole and Warden Lang, +accompanied by N. R. Darrach, architect, and J. A. Bell, County +Engineer, proceeded to Brantford, to examine the county buildings, which +had recently been enlarged. Instructions were given to prepare plans to +include enlargement of building and re-modelling Jail and Jailer's +residence and kitchen. The County Council met on the 27th of July, to +receive report presented by Architect Darrach, who estimated the cost of +plans submitted at about $33,000. Opposition was offered by some members +of the Council, who were desirous of limiting the cost of building to +$20,000, but the architect's plans were adopted. A by-law was passed +appointing a special building committee, and authorizing the Warden to +sign contracts. The architect's fee was fixed at $1,200 for the whole +work. Tenders were received, and as all of them exceeded the +architect's estimate, a special meeting of the Council was called for +the 8th of September, to consider the matter. At this session the +building committee reported in favor of the adoption of the following +tenders: + + J. H. McKnight & Co., Toronto, for the whole work, with the + exception of the electric wiring, iron work and plumbing. $33,990 00 + + R. A. L. Grey, Toronto, electric wiring 346 00 + + Stacey & Co., St. Thomas, iron work 1,231 42 + + C. T. Bull, St. Thomas, plumbing 1,047 00 + +[Illustration: D. J. HUGHES, ESQ., COUNTY JUDGE, 1899.] + +This report was adopted and contracts signed by all with the exception +of Mr. Bull. Mr. A. J. Leitch, Chairman of the Building Committee, was +appointed to inspect the work as it progressed, and issue orders for +payment in accordance with the architect's estimates. Tenders for +heating and plumbing were received in January, 1899, and contracts +awarded--the heating to Joseph Harrison for $3,146, and the plumbing to +Keith & Fitzsimmons, Toronto, for $1,125. The Building Committee next +considered the question of furnishing, and for the purpose of securing +information, visited the court houses in Stratford and Woodstock, and in +March, 1899, tenders were received and the following contracts awarded: + + J. Acheson, St. Thomas, hardware $400 00 + + McDonald & Wilson, Toronto, gas fixtures 645 00 + + The Preston Office & School Furniture Company, + for special work 2,995 00 + And for furniture, desks, etc 556 80 + + The Office Specialty Company, Toronto, for + letter press, stands, vault fittings, etc 892 50 + +[Illustration: COURT ROOM.] + +Carpets and window blinds were procured from J. B. Kay, Son & Co., +Toronto, and rubber matting for the stairs from the Gutta Percha & +Rubber Co., two clocks for the court room and council chamber, from W. +R. Jackson. Stained glass windows with appropriate designs were ordered +from N. T. Lyons, Toronto, for the main stairway, one contains a picture +of the old and new buildings; the other, the names of the County Council +for the years 1898 and 1899. Stone walks around the building and through +the grounds were put down by the Silica Barytic Stone Company, of +Ingersoll, at the cost of $579.02. The work of grading the grounds was +completed under superintendence of W. Irving. + + +OPENING PROCEEDINGS. + +The Court House was formally opened on Wednesday, the 13th day of +December, 1899, the occasion being the first day of the Court of +General Sessions of the Peace, and of the County Court. + +The proceedings commenced at 2.40 p. m. Judge Hughes presided, and on +his right was Junior Judge Ermatinger, and on his left Sheriff Brown. + +Judge Hughes explained that he had invited Rev. Canon Hill and +Vicar-General Bayard to be present, to assist in the opening +proceedings, but they had other engagements and could not attend. There +were present Revs. D. R. Drummond, Prof. T. L. Fowler, of the Disciples +College, and Rev. R. I. Warner, principal of Alma College. + +[Illustration: LIBRARY.] + +Rev. D. R. Drummond opened the proceedings with prayer, Rev. Prof. +Fowler read the scriptures, and Rev. Prof. Warner led in prayer. + +Mr. Oscar McKenney, Warden of Elgin County, read the following address +to Judge Hughes, on behalf of the County Council: + +"Before proceeding with the business of the County Court and General +Sessions of the Peace, the County Council desire to congratulate your +Honor on your good health and physical and mental vigor, which is +remarkable when we consider that you have occupied your present position +for over forty-six years. You had the honor of presiding at the first +court held in the old buildings in 1854, and have since done much to +assist in the development of the county. You have witnessed many changes +and can refer to many pleasant experiences which are the accompaniment +of a long and useful life. The Court House which we hereby formally hand +over to you for Court purposes, is representative of our idea of the +advancement made by a wealthy and prosperous community during the past +half a century. + +We hope you may enjoy continued good health, and that the remainder of +your life may be pleasant and a restful recompense for many busy years. + +The members of the Council will make a few remarks as they feel it is +difficult in a brief address to refer to all the circumstances that have +brought us together to-day." + +[Illustration: COUNTY COUNCIL CHAMBER.] + +[Illustration: COUNTY CLERK'S OFFICE.] + +Councillor Frank Hunt delivered the oration of the day on behalf of the +County Council. He spoke as follows: + +"This is an important occasion. Important because it makes a page in the +history of the county. It establishes a milestone marking the progress +of a people who first planted civilization in this county a century ago. +The burning of the old Court House necessitated the building of a new +one, and this gave the present council the opportunity to erect a +building characteristic of the people, and of the arts and sciences of +this particular period. The old court house was emblematic of the +pioneers of this county. It exhibited wisdom, strength and beauty. As +much as I admire the new structure I am glad the front of the old court +house is preserved, and will hand down to future ages in its Grecian +columns and pilasters, the artistic taste of the pioneers who could +spare from the rewards of unceasing toil money to erect a court house +that bore the impress of the best art of their time. The excellence and +thoroughness of the structure attest the true worth and integrity of the +pioneers of the County of Elgin. I cannot but think, when considering +the population and wealth of the county fifty years ago with that of +to-day, that in the erection of the new court house we have spent less +for artistic effect than did the pioneers. Modern requirements for the +comforts of those attending courts, or on official business, entailed a +large expense, which was not considered in the erection of buildings +fifty years ago. The provision made for women during a forced attendance +at court shows how far we have advanced on one particular line. It is a +grand building of the utilitarian type, and erected on such lines that +great beauty may be discovered by a casual glance. I want to say a word +in praise of the architect who designed the building and supervised its +erection to the satisfaction of the Building Committee. The epitaph in +St. Paul's Cathedral says: "If you would know the genius of Christopher +Wren, look around you." I will say, also, and it is all that is +necessary, if you would know the genius of Mr. Darrach, look around you +and see that he is master of his art. + + New occasions teach new duties, + Time makes ancient good uncouth, + We must upward still and onward, + Who would reach the realms of truth. + +[Illustration: Art, national or individual, is the result of a long +course of previous life and training; a necessary result, if that life +has been loyal, and an impossible one, if it has been base.--_Ruskin._ + +WINDOW, MAIN STAIRWAY. + +In its important examples, all municipal art should be at once a +decoration and a commemoration--it must beautify and should celebrate; +thus becoming a double stimulus, first to the aesthetic sense, second to +the sense of patriotism.--_Blashfield._] + +I cannot close without reference to His Honor Judge Hughes and his long +judicial career in the County of Elgin. He opened the old court house +forty-six years ago; he has been spared to open the new. In the first +courts he grasped by the hand the men who planted civilization on the +shores of Lake Erie. He has lived to grasp by the hand their children +and grand-children. He came here in his early years, a type of that +manhood which comes from the chisel of Pericles, and the great masters +of the Grecian school. He has seen the county a wilderness, he now sees +it populous and wealthy, inhabited by a people educated, industrious; a +people who love God and keep his commandments. + +[Illustration: COURT HOUSE, EAST SIDE, SHOWING GAOL ENTRANCE.] + +He has left his impress on his county and its people, and can it not be +said that it has been for the good of society, for the happiness and +advancement of the people? His legal knowledge, and his great ability is +known throughout the Province. His untiring industry has been +proverbial. He has administered the law with fairness, and tempered +justice with mercy. It is not contended that he was or is +faultless. + + Who thinketh a faultless man to see? + Thinks what ne'er was and ne'er shall be. + +It is the desire of the council that his learning and great abilities +may long be spared to his fellow-citizens, and that + + An old age serene and bright, + Lovely as a Lapland night, + Shall lead thee to the grave." + +County Councillor J. H. Yarwood voiced the sentiments of Mr. Hunt, and +extended the congratulations of the county to the Judge for the manner +in which he had administered the affairs of the county, and hoped he +would be spared for many years. + +County Councillors S. B. Morris, W. O. Pollock, D. Lang, W. M. Ford, E. +McKellar, Mahlon Lyon, D. Moore and A. J. Leitch also delivered +addresses of congratulation. + +[Illustration: GAOL YARD.] + +Judge Hughes thanked the County Council for the privilege of opening the +new Court House. The county building was a testimonial to the +advancement of the county council. He had to acknowledge with thanks the +many kind things said of him personally, and of the way he had +administered justice in the county. The building is an index, not only +of enterprise and good taste, but also of conception for the convenience +of those who had to attend the county buildings to do business. The +mistake with the old building was that Architect Turner had his plans +interfered with, and all the rooms, except the court room, were but half +the size intended. He concurred in all that had been said of the +architect. The contractors, too, had performed their work well. The +court house was a manifestation of the progress of municipal +institutions. He had found the county council always ready to encourage +education and grammar schools, and this building was a monument to their +honor. + +The county court was then opened by Court Crier Hopkins, when Mr. John +Crawford, of Aylmer, on behalf of the bar of Elgin, extended to Judge +Hughes their congratulations upon the long term he had served on the +bench, and upon his distinguished services during that time. The members +of the bar were in hearty sympathy with and heartily endorsed the +remarks made by the members of the county council. The members of the +bar hoped the Judge might be long spared to occupy the high position +which he did. + +Judge Hughes said he could only express his high appreciation of the +kind things said of him. It was an honor for a man to act as judge where +there was such a bar as in the county of Elgin. He concluded by thanking +Mr. Crawford and the other members for their kind remarks. + +[Illustration: F. HUNT, J. P., HOLDING COURT IN A GAOL WARD, AFTER THE +FIRE.] + +In the evening the judge entertained the members of the bar and the +municipal and judicial officers of the county of Elgin at a banquet in +honor of the occasion of the re-opening of the court house and the 46th +anniversary of his appointment. This was held at the Grand Central +Hotel. + +All the work connected with the court house improvements was completed +in the spring of 1900. The final report of the Building Committee was +not, however presented until the 23rd of November. The total cost was +$50,954.72, and of this amount the city of St. Thomas contributed +$12,178.17. + +The excellent service rendered to the county by architect Darrach was +recognized by the presentation of an address, suitably engrossed, +expressing the councils appreciation of his efforts. The report also +directed attention to the satisfactory manner in which Messrs. McKnight +& Co., the principal contractors, who were represented by the senior +member of the firm, Mr. R. Carroll, had completed their work. After the +adoption of the report a resolution was passed tendering the thanks of +the council to A. J. Leitch, Esq., for his services as Chairman of the +Building Committee. + + + + +_STATISTICS._ + + + COUNTY || POPULATION. | + OF ELGIN. || 1817 | 1841 | 1851 | 1861 | 1871 | 1881 | 1891 | + -------------++------+------+------+------+------+------+------+ + ALDBOROUGH || 400| 733| 1,226| 2,325| 3,500| 4,718| 5,299| + || | | | | | | | + BAYHAM || | 2,108| 5,092| 5,141| 4,895| 4,689| 3,856| + || | | | | | | | + DUNWICH || 500| 633| 1,948| 2,888| 3,731| 4,290| 3,663| + || | | | | | | | + DORCHESTER || | 635| 1,477| 2,204| 2,071| 1,844| 1,624| + || | | | | | | | + MALAHIDE || 775| 2,218| 4,050| 5,320| 5,554| 4,415| 3,851| + || | | | | | | | + SOUTHWOLD || 900| 2,563| 5,063| 5,467| 5,559| 5,206| 4,766| + || | | | | | | | + YARMOUTH || 400| 3,664| 5,288| 6,166| 5,563| 5,575| 5,471| + || | | | | | | | + ST. THOMAS || | | 1,274| 1,631| 2,197| 8,367|10,370| + || | | | | | | | + VIENNA || | | | | 590| 528| 398| + || | | | | | | | + PORT STANLEY || | | | | | 674| 616| + || | | | | | | | + AYLMER || | | | | | 1,540| 2,167| + || | | | | | | | + SPRINGFIELD || | | | | | 555| 463| + || | | | | | | | + DUTTON || | | | | | | 838| + -------------++------+------+------+------+------+------+------+ + TOTALS ||2,975 |12,554|25,418|31,142|33,660|42,401|43,382| + -------------++------+------+------+------+------+------+------+ + + COUNTY || NUMBER OF HOUSES. |Schools.| + OF ELGIN. || 1817 | 1841 | 1851 | 1861 | 1871 | 1881 | 1891 | 1817 | + -------------++------+------+------+------+------+------+------+--------+ + ALDBOROUGH || 90| 13| 189| 311| 630| 880| 1,064| 1 | + || | | | | | | | | + BAYHAM || 60| 133| 732| 887| 955| 978| 882| 2 | + || | | | | | | | | + DUNWICH || 100| 45| 316| 450| 673| 820| 744| 1 | + || | | | | | | | | + DORCHESTER || | 10| 238| 345| 378| 423| 341| | + || | | | | | | | | + MALAHIDE || 150| 125| 692| 726| 1,104| 956| 887| 2 | + || | | | | | | | | + SOUTHWOLD || 180| 175| 800| 579| 993| 998| 973| 3 | + || | | | | | | | | + YARMOUTH || 75| 299| 881| 1,128| 1,067| 1,161| 1,150| 2 | + || | | | | | | | | + ST. THOMAS || | | 226| 390| 417| 1,634| 2,205| | + || | | | | | | | | + VIENNA || | | | | 103| 105| 99| | + || | | | | | | | | + PORT STANLEY || | | | | | 139| 128| | + || | | | | | | | | + AYLMER || | | | | | 330| 521| | + || | | | | | | | | + SPRINGFIELD || | | | | | 130| 123| | + || | | | | | | | | + DUTTON || | | | | | | 167| | + -------------++------+------+------+------+------+------+------+--------+ + TOTALS || 655| 800| 4,074| 4,816| 6,320| 8,554| 9,284| 11 | + -------------++------+------+------+------+------+------+------+--------+ + +The statistics of 1817 are taken from Robt. Gourlay's Book. For other +years official census reports were referred to. + + + + +Plan of the Court House. + + +GROUND FLOOR. + + NO. BY WHOM OCCUPIED. + + 1-2. County Attorney and Clerk of the Peace. + + 3-4-5. County Court Clerk. The Vault was formerly used as an office by + County Court Clerk and Junior Judge. + + 6. Inspector of Public Schools. Formerly occupied with vault + adjoining by Clerk of the Peace. + + 7. Junior Judge's Office. Formerly Occupied: (1) County + Treasurer's Office. (2) Law Library. (3) Jailer. (4) + County Engineer. + + 8. County Treasurer's Office. Used as Registry Office up to 1875. + + 9. County Clerk. + + 10. County Engineer. + + 12-13. Sheriff. + + 14. Telephone. 15. Janitor. 16. Jailer. 17. Jail Kitchen. + Originally occupied as Jailer's residence and afterwards as + County Clerk's and Jailer's Offices. The heaters are in + basement under these rooms. + + The space occupied by lavatories and main stairway was formerly + the Sheriff's office. + + +FIRST FLOOR. + + 18. County Judge's Office. + + 19. Barristers. + + 21. Crown Counsel. Formerly County Judge's Office. + + 22. Law Library. + + 23. Lady Witnesses. Formerly Petit Jury. + + 25. Court Room. + + 26. Witnesses. Formerly Crown Counsel room, afterwards law library. + + 27. County Council Chamber, also used for small courts. + + 28-29. Local Master. } + } + 31. Judges' Parlor. } + } + 32. Turnkeys. } Originally occupied as Jailer's Residence, + } and afterwards as County Judge's Office. + 33. Petit Jury. } + } + 34. Gaol Stores. } + + The space occupied by main stairway was formerly the county + clerk's office and afterwards a witness room. + + +SECOND FLOOR. + + 35-41. Janitor's apartments. 37 and 41 formerly Grand Jury Rooms. + + 42-43. Witnesses. 42 was formerly occupied by Local Master and + afterwards by County Police Magistrate. + + 45. Historical Society. + + The space occupied by main stairway was formerly a store room. + +[Illustration: ELGIN COUNTY COURT HOUSE N. R. DARRACH, ARCHT., S^{T}. +THOMAS, ONT. + +GROUND FLOOR PLAN + +FIRST FLOOR PLAN] + +[Illustration: COUNTY · BUILDING · AT · ST · THOMAS · ONT. +N · R · DARRACH · · · ARCHITECT.] + +[Illustration: SECOND FLOOR PLAN] + + +Members of Elgin County Council. + +1852. + + ALDBOROUGH--Duncan McColl. + DUNWICH--Moses Willey. + SOUTHWOLD--Colin Munro, Nicol McColl. + YARMOUTH--Elisha S. Ganson (Warden), Leslie Pierce. + MALAHIDE--Thomas Locker (Warden), Lewis J. Clarke. + BAYHAM--John Elliott, J. Skinner. + SOUTH DORCHESTER--Jacob Cline. + ST. THOMAS--David Parish. + + 1898-1899. + + DISTRICT NO. 1--(Aldborough) S. B. Morris, Daniel Lang (Warden 1898). + DISTRICT NO. 2--(Dutton and Dunwich) A. J. Leitch, Edward McKellar. + DISTRICT NO. 3--(Port Stanley and Southwold) William Jackson, Donald + Turner, 1898, Francis Hunt, 1899. + DISTRICT NO. 4--(Yarmouth) James H. Yarwood, Wm. B. Cole, 1898, + Wm. O. Pollock, 1899. + DISTRICT NO. 5--(Aylmer, Vienna, Polling Sub-divisions 1 and 2 of + Bayham, and Malahide, except Polling Sub-division + 5) Oscar McKenney, (Warden, 1899) Richard Locker, + 1898, Mahlon E. Lyon, 1899. + DISTRICT NO. 6--(Springfield, South Dorchester, Malahide (Division 5) + and Bayham (except divisions 1 and 2)) David F. + Moore, (Warden, 1900) Wm. M. Ford. + + + + +Transcriber's Note. + + +Illustrations have been moved to avoid breaks in paragraphs. Minor +punctuation errors have been corrected without note. The single table of +Statistics in the original has been reformatted into two separate tables +for ease of reading, one for population and one for houses and schools. +Typographical errors have been corrected as follows: + + P. 5 'east side of the river."'--closing quotation mark added. + P. 5 'Tuesday, the 8th day of April, 1800.'--had '1900.' + P. 6 'tie girths, morticed and tenoned'--had 'tendoned.' + P. 12 'sessions of the County of Elgin opened'--had 'Couty.' + P. 24 'contended that he was or is faultless'--had 'fautless.' + P. 24 'Shall lead thee to the grave."'--closing quotation mark added. + P. 25 'his plans interfered with, and all the'--had 'iterferred.' + P. 28 '26. Witnesses. Formerly Crown Counsel room'--had '36.' + +Unusual spellings of hybernated, Mississaga; inconsistent spellings of +jail/jailer, gaol/gaoler; inconsistent hyphenation and capitalisation are +as per the original. + + + + + + +End of Project Gutenberg's The Court Houses of a Century, by Kenneth W. 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