The Old Court House

The Marietta Register, May 18, 1899

From the year 1817 to the year 1845 I lived within a stone's-throw of the old Court House, a good reproduction of which was contained in the Register, some days ago. Perhaps the segment of an hour cannot be more profitably spent than in taxing all available resources for information with regard to the history of the old building.

The first Court House in Washington County was built in 1799 on a lot given to the county for that purpose by Dudley Woodbridge, Sr. Under the superintendence of Dudley Woodbridge and Griffin Greene, contracts were made with Joshua Wells to frame and raise the building; with Joshua Shipman to weatherboard and shingle it; with James Lawton to do the mason work; with Gilbert Devol, Jr., to furnish the iron-grating, spikes, belts, etc., in all 3,000 weight, for which he was to receive 16 cents per pound. The building was 45 feet in length, 39 feet in breadth and two stories high. The front room in the upper story was the court room. It was forty by thirty feet in dimensions, lighted by seven windows and heated by two fireplaces. The entrance to this room was from a stairway opening by a door on Putnam Street.

Here Paul Fearing, R. J. Meigs and Jacob Burnet, the first three attorneys northwest of the Ohio River, often appeared in court. Charles Hammond, Philemon Beecher and David Putnam were prominent barristers. Here also as pleaders at the bar were often heard Thomas Ewing, Lewis Cass, William Woodbridge and Judge Hitchcock. Following soon after these as attorneys of prominence were Samuel F. Vinton, Arius Nye and Charles B. Goddard. 

This court room was used not only for the holding of courts, but was the place for the general assembling of the people on public occasions. Here were town and county meetings held; here preaching services were held on the Sabbath day by those denominations which had no other regular place of worship. Bishop Chase, Philander Chase and James McAboy were among the eminent divines who conducted services in this room. In this same upstairs room all the voters of Marietta Township, for many years, cast their ballots. A synopsis of the record of one of these elections reads as follows:

"Poll book of the election, held in the township of Marietta on the 11th day of October, 1825. Anaxamander Warner, Ephraim Emerson and Amos Dunham, judges; A. V. D. Joline and Silas Slocomb, clerks." Among the voters names we find Ichabod Nye, John Cotton, Joseph Wood, Lewis Anderson, Samuel Geren, S. P. Hildreth, Billy Todd, William Alcock, David Putnam, William Knox, W. R. Putnam, Luther Edgerton, Samson Cole, Joseph E. Hall, Dudley Woodbridge, D. B. Anderson, David Barber, Henry Fearing, Augustus Stone, John Mills, Alexander Hill, Daniel H. Buell, J. M. Booth, Nahum Ward and Weston Thomas. The whole number of votes cast was 179. At a recent election the vote of Marietta Township was 3,292.

The two lower rooms on the west side of the building were variously occupied, sometimes by the family of a jailer appointed by the sheriff, sometimes by the sheriff and his family, and sometimes by the deputy sheriff and his family.

The jail proper, which was divided into two apartments, was in the east part of the lower story and was very strongly built. The walls were three feet thick and made of double tiers of yellow poplar logs, 18 inches square and neatly hewed and dove-tailed at the corners of the building. The logs were so laid as to break joints like masonry, and were held together by heavy iron bolts. 

No imprisoned malefactor ever broke from this jail. I have in mind three individuals who, at different periods of the use of this jail, were confined within it. The first, Amase Grant, who was convicted by the Court of Common Pleas of an attempt to poison old Ma'am Harvey, of the Harvey House, and whose sentence made him the first inmate of the Ohio Penitentiary. 

The second, Mary Howland, who was confined for safe keeping, having shown mental derangement by the action of breaking the glass in all the windows on the north side of the Congregational church. This occurred during the preaching service and when asked why she did it, the woman replied that her father was a glazier and she wished to give him something to do.

The third was W. S. who was confined for debt under the then existing odious law of the state of Ohio.

The roof of the Court House building was surmounted by a cupola in which was hung the same bell which is in the present Court House. For years this bell was used to tell all the people church-time on Sundays. It rang on weekdays at 9 o'clock A.M., 12 M. and school time, dinner-time and bed-time. Whenever there was a death, it tolled the age of the deceased. At the burial, from the time the funeral cortege left the dwelling until their return, it was tolled by the jailor, seated in the belfry, whence he could catch views that directed his work. This was discontinued in 1822 and 1823, as it was supposed the many sick would be disturbed and exception was only made at the death of Gov. Meigs, Judge Fearing, and Rev. S. P. Robbins.

The truth of history compels me to rob this old building of two claims often made for it. The first that it was the birthplace of John Brough, a war-time governor of Ohio, during the time that his father was jailor here; the second that the old bell which hung in the cupola was the gift of Marie Antoinette. Both these beliefs are probably incorrect - certainly so in regard to the bell. Whilst the old Court House was being built, the necessity of a bell to hang in its belfry became apparent, and as the Superintendent had a knowledge of the iron works at Norwich, Connecticut, he sent there for a bell which was cast and forwarded. In proof of this, read the inscription which today can be seen on the bell as it hands in the Court House: "Bazzillia Davison, Norwich, Ct., 1802."

There are three prevailing opinions as to the birthplace of John Brough. One, that he was born at "Cleona," a few miles up the Ohio, where his father once resided; another, that he was born in the Brough house on lower Fourth Street, on the site of the Catholic church; and the third, already mentioned, that he was born in the old Court House building. Some years ago, desiring to satisfy myself on this subject, I wrote to his son, John Brough, Jr., who resides in Indiana, for information with regard to the matter. He replied that while it was the statement of all historians that his father was born in Washington County, he distinctly remembered his aunt Mary's having told him that his father was born while his mother was on a visit at Springfield, Ohio.

The early occupants of this building have long since passed away. Those of later date, some of whom are yet living, undoubtedly join in the wish that the county commissioners be guided by good judgment and an honest desire to locate the Court House and Jail, soon to be erected, in the best possible place.

George Morgan Woodbridge