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Halls of Justice
During the Revolutionary War, just six months after the signing of the Declaration of Independence, Vermont declared itself a free and independent republic in January 1777. A year later Vermont organized its government and divided the land into two counties — Bennington and Unity. Rutland County was formed from Bennington County on Feb. 13, 1781. Through the years the bounds of Rutland County have remained the same with the exception of the annexation to Addison County in 1847.
At incorporation in 1781, Tinmouth was chosen as the county seat. As early as 1780, court was being held at Tinmouth, probably in John McNeil's barn. McNeil, a Tory, had fled the town in 1777. The nearby jail was made of hewn logs, locked together at the corners, with a log floor and roof. These two structures were on the east side of East Road near the junction of Route 140, where it turns westerly towards the village.
Until June 1784, court was held primarily at Solomon Bingham's large two-room log tavern. The north room was occupied by the court and the south room served as an inn for the traveling public. The jury deliberated in a log barn which stood 8 or 10 rods away (about 44 to 55 yards). These buildings were on the west side of East Road, then the main road between Rutland and Manchester.
On Oct. 2, 1783, the Legislature approved the petition to move the county seat to Rutland. The committee at first wanted to locate the new courthouse at Center Rutland, but James Mead refused to part with the land. The second choice was on the north side of Route 4, west of the Pleasant Street intersection in West Rutland. People petitioned against this site because it was between a swamp and impassable hills. They argued East Rutland would be a better spot because it was easily accessed by good roads that led to all parts of the county. Finally, the committee chose a plot of land on West Street between the present Jones Donuts and Bakery and the Armory.
In 1784, the two-room, gambrel-roof, unpainted courthouse was erected thereon. The west room served as the court. It had a wooden floor, benches for seating, and elevated seats for the judges on the north side. The east room, used for a grand and petit jury room, had a dirt floor. A log jail was constructed a few rods away.
This unpretentious courthouse was often referred to as the State House because the Vermont State Legislature held its October 1784 and 1786 sessions there. It was also the scene of the anti-court riot in 1786. The structure, later used as a residence, was torn down in 1912.
On March 4, 1791, Vermont became the 14th state to join the Union. A grand celebration was held on the village common — North Main Street Park — which had been deeded to the town the year before.
The next year, construction began on a new Rutland County Courthouse on the east side of South Main Street near the present Mansfield Place intersection. It was a wooden-framed, two-story building which originally faced north towards Nathaniel Gove's Tavern. Gove agreed to give the land rent-free providing a wooden plank walkway was placed between his barroom and the courthouse.
Gove's son-in-law, Cephas Smith, Jr., finally deeded the land to the county in 1807; an error in the deed places it on the opposite side of the street.
Later the entrance faced toward Main Street.
A new jail was also built in 1792 on the west side of South Main Street a few rods south of the Washington Street entrance. It was replaced by a new stone jail erected near the same spot circa 1813.
Courtroom decorum was casual in early days. The first county judge, Increase Mosely of Clarendon, wore a powdered wig to court, but
subsequent judges donned tri-corner hats. Judge Theophilus Harrington (1762-1813) of Clarendon, the famed jurist who freed a slave in the name of God Almighty, was a large, swarthy unkempt man. He came to court with his hair uncombed and his beard unshaven. Often, he would take his shoes and socks off and rest his bare feet on the desk. Although slovenly in appearance his common sense and moral judgment gained him great respect. Later, Rutland's Robert Pierpoint usually was accompanied to court by his little dog, Skip.
The trials and punishments were swift, often occurring the same day. After the sentence was read, the criminal was led to the northeast corner of the common where the whipping post, pillory and stocks were located. For lesser offenses, the sentence was the stocks or pillory. For a higher offense, the person was stripped to his waist with hands tied to the ring in the whipping post. The sheriff lashed his back with a knotted whip and then poured rum over the wounds. In 1808, a leader of a counterfeit ring received 39 lashes and seven years in prison. Nearly a hundred sleighs full of onlookers lined the common to view the spectacle. In 1814, a convicted murderer, James Anthony, was to be hanged. However, the villain hanged himself in his cell and disappointed 10,000 people who had come to witness the event.
The 1792 courthouse underwent major improvements in 1828. The exterior was bricked up 8 inches thick. A 20-foot addition was built on the west side in 1844. Other changes included raising and slating of the roof, a new belfry, steeple and portico.
The courthouse bell, installed prior to 1807, was rung at 9 p.m. to signal the end of the workday. It also announced deaths by tolling out the age of the deceased. The clock, made by Hiram W. Bennett in 1847, never kept good time and was removed in the 1850s.
On April 3, 1868, an exploding lantern in the Franklin House started a fire that destroyed the courthouse, several stores and the Franklin House, a well-known stage stop. County Clerk Frederick W. Hopkins rose from his sickbed to supervise the removal of all the court records.
After the fire, court sessions were held at the Young Men's Christian Association Rooms or the Federal Building — presently Rutland Free Library.
This building, constructed in 1857, housed the post office on the first floor and United States Federal Court on the second floor.
Plans for a new courthouse were soon underway. Since the old structure had been insured for only $3,000, there was not much to work with. The Legislature appointed a committee to oversee the project. In March 1869, a lot at the northwest corner of Center and Court streets was purchased from Evelyn Pierpoint for $6,000. That April, plans for the building, made by Boston architects, were on exhibit at the Bardwell House. Mr. P.B. Johnson was named superintendent.
That same month, a disgruntled person wrote a scathing editorial to the Rutland Herald. He complained that the cheapest architect had been hired and the design was modeled after a nondescript Dutch Theater in Massachusetts. The west side was a story lower than the east side, which gave it the appearance of being propped up to "prevent its rolling down the hill." The front of the building was filled up with stairways and there were no windows in the central hallway. The first story, which was to house offices for the clerk, sheriff, jury and probate court, was poorly laid out; the clerk's office was too small and had only one window. The courtroom on the second floor was too small. The plans also had omitted essential fire-proof vaults.
There was a little "squirt-gun looking tower or steeple" on which was suspended a small set of scales. The statue of Justice, blindfolded and holding scales had been dispensed with.
It seems that there were some changes made before construction. In July 1869, the outer granite walls of the foundation and the
brickwork for the fireproof vaults in the basement were being laid. The building was to measure 80 feet long by 52 feet wide and the walls 2 feet 4 inches thick. The granite for the foundation had been quarried at Chester. The exterior was to be faced with pressed brick.
The courthouse was completed in 1871 at a cost of $72,000. Court was held there for the first time on March 16 that year. That June, it was decided to purchase a town clock to be installed in the tower of the courthouse. Five hundred dollars was needed. However, Clark Bros. and Adams offered to furnish it at cost and to keep the clock in repair for one year.
That September, a local newspaper warned the court to adjourn to safer quarters. It was feared that the tower and clock would crash through the roof. The tower was supported by only a single rod of iron with thread and nut.
Rutland Court clerk Gay Johnson has always wondered when and why the dome was moved to the front of the building. While reading through old newspapers at the Rutland Historical Society, Morris Tucker and Donald Bordeau found several articles pertaining to the courthouse.
Those who warned of a looming disaster were correct. The Legislature had just approved a county tax for repairing the courthouse when on Dec. 7, 1884, a heavy cornice of plaster fell from the ceiling in the courtroom. It crashed onto the judge's desk and witness stand. The ringing of the bell in the clock had loosened the plaster. Fortunately, court was not in session so no one was injured, but the noise startled the sheriff and his deputy below. The ceiling was removed and covered with cloth so the March session could be held there.
Major renovations were needed. Lt. Gov. Ormsbee of Brandon, A.F. Davis of Rutland and Lawyer Abell of West Haven were put in charge with Davis as supervisor. In early June 1885, the tower was moved to the front of the building. It is said that famed bridge builder, Nicholas Powers, supervised moving the tower.
Architect M.F. Cummings of Troy, N.Y., remodeled the interior. The right stairway was removed creating additional space on all three floors. Marbleized mantles were installed in the sheriff's, clerk's and probate offices. G.W. Bennett of Manchester did the painting and frescoing. A new furnace replaced the unsightly stoves.
The courtroom on the second floor was painted in shades of terra cotta accented with robin's egg blue. An ornate ceiling complete with chandelier was installed. A railing was built in front of the bench making a 30-foot square enclosure for members of the bar. Repairs cost about $5,000 and were completed in the fall of 1885.
On the third floor was a balcony where spectators could witness the courtroom below. The courtroom ceiling was lowered in the 1950, but part of the old ornate ceiling can be seen from the third floor.
In Oct. 1942, during World War II the call went out for scrap metal. Charles Hill, 71, janitor at the courthouse, took apart the old clock and lowered it by rope from the belfry. It yielded 300 pounds of brass, steel and iron for the war effort. The 72-year-old clock had not been used since a new electric one had been installed about 18 years before.
District and family courts occupy the new courthouse at the corner of Merchants Row and State Street. Superior and probate courts remain at the old courthouse on Center Street. At this location, the supreme, county and probate records, dating back to the 1700s, will continue to be a valuable resource for the researcher.
By Dawn D. Hance, Special to the Herald
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