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Full text of "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"

The Court Houses 



OF A 



Century. 



1800-1900. 




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The Court Houses 



OF A 



Century* 



A Brief Historical Sketch of the Court Houses of the London 

District, the County of Middlesex and 

Count}* of Klgin. 

COMPILED BY 

KENNETH W. McKAY, COUNTY CLERK. 

PUBLISHED BY 

THE ELGIN COUNTY COUNCIL. 

With Introduction by James H. Coyne, B. A, 



TMK TIMKS Piu.vriNd COMPANY OK Sr. THOMAS, LI\HTI:I>. 

1901. 



CONTENTS. 



PAGE. 

1. Introduction. By J. H. Coyne, B. A i 

2. The Munro House, 1800-1802 ^ 

3. The Turkey Point Court House 6 

4. The Yittoria Court House, 1815-1826 

5. The London Court Houses, 1826-1853 

6. The Elgin Court Houses, 1853-1900 9 

7. Statistics Population, Number of Houses, Ktc 27 

8. Plan of Court House 28 



ILLUSTRATIONS. 

1 . Frontispiece. The Munro House 

2. The London Court House 8 

3. Warden Locker, 1852-1855 IO 

4. The Elgin Court House, 1860 i i 

5. D. J. Hughes, Esq., County Judge, 1853 12 

6. The Elgin Court House Before the Fire i ^ 

7. Court Room after the Fire i ^ 

8. Wardens 1898-1899, Chairman Building Committee, 

Architect and Contractor 1 6 

9. New Court House \- 

10. D. J. Hughes, Esq., County Judge, 1899 i S 

1 1 . Court Room i y 

12. Library 20 

13. County Council Chamber 21 

14. County Clerk s Office 22 

15. Stained Glass Window, Main Stairway 23 

1 6. 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 Ga/etteer, by Shenston. 

U. E. L- Settlement at Long Point, by Tasker. 



" In <iiuf age it is a duty which every country oires t<> 
itself, to preserve tic records of the past mid to honor tlie men 
and women wltoxe lives and deeds made possible its present, 
and to-dai/ when the whole civilized world is throbbing to 
social and political impulse* 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 thai 
falls to eacli of us." 



INTRODUCTION. 



THE PASSING CENTURY. 

The Wonderful Century is before the bar of history. Its 
record shows everywhere progress, consolidation, expansion, im 
provement. Civilization has spread, barbarism lias 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 ana 
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 Paarde- 
burg, 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 
i Soo 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 th ^ Canadians 



2 INTRODUCTION. 

under Otter, on the banks of the Modeler 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 scant}- 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, ami 
turning his back on society, found his way to the town.- hip 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 th 
footfall of the Mississaga ranging the woods in pursuit of game 



INTRODUCTION. 3 

It was during the first decades of the century that the 
pioneers came. From them the present population is largely 
sprung. Dumvich 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 South wold, Yarmouth, Malahide and Bay ham. Before 1820 
the Highland settlements began in Aldborough and Dumvich. 
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 thestory 
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 



4 INTRODUCTION. 

which it is intended. It is up-to-date in every particular. Visi 
tors 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 Centurv. 

i 

ri">HE 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, Kssex and Kent occupying 
nearly the same territory as the District of Hesse. Representa 
tives to the Provincial Parliament were elected and, at the fii>t 
session convened at Niagara in September, 1792, an Act wai 
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. 

r |^HE U. E. Loyalists settlement of Norfolk commenced in 

1793, and in 1798 the rapid increase in population was 

J[ 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 ist 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, 

1900. 

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 



6 THE COURT HOUSES OF A CENTURY. 

ranning 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 1 800 
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 vear 1801. 



Turkey Point, 1 802-1 8 J2. 

ri^HE 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, lobe 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 COURT HOUSES OF A CENTURY. 

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 1 8 1 2 . 

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 i3th 
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. (. 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 Beverlcy Robinson in attendance as King s Attor 
ney, was held in an upper room of a building used by Mr. Stephen 
Randal as a grammar school. This building \vas afterwards 



THK COURT HOUSES OK A CENTURY 




jf ,_* 



THE LONDON COURT HOUSE. 

l- foin "Illustrated I.nniloii, cofiyrightcJ. /> ) ftfriiiission I., union fi-inting and Lithographing Co. 

\ Lniiiti it. I 

removed to the school lot near the present residence of Judge 
Krmatinger, and was known as the " Talbot Seminary". 

The first court house in London was constructed of fiat 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. 



f I^HE 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 i5th, 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 3oth 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 Klhvood for ^4,580, 
on the igth June, 1852. The jail, jailor s house, etc., to be 
completed by the i5th September following, and the Court 
House on the ist August, 1853. 

The Building Committee consisted of the whole council, of 
which Messrs. Clark and Locker of Malahide, Hanson of 
Yarmouth, Skinner of Bay ham, Munro of South wold and Parish 
of St. Thomas, were the most active. Thomas Cheeseman was 
the architect s superintendent in charge of the work. 

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 authori/ed to 
proceed with the work which, with the exception of minor 
contracts, was completed by day labor, with Thomas I- raser. 
builder, of London, as superintendent. The Gaol as at first 



IO 



THE COURT HOUSES OF A CENTURY. 




WARDEN LOCKER, !852 1855 

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 /i 1,405. Mr. 
Ellwood in tendering for the buildings was guided by the figures 
supplied by Architect Turner who was then erecting a court 



THE COURT HOUSKS OF A CENTURY. 



II 



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." 







THE ELGIN COURT HOUSE, 1863. 

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 resolu 
tion in January iSss. 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 



12 THE COURT HOUSES OF A CENTURY. 




D. J. HUGHES, ESQ., COUNTY JUDGE, (853. 

buildings and of the town hall were submitted to the statutory 
commissioners, and approved of as suitable for court purposes. 
On the 3oth of September, 1853, a proclamation was published 
in the ^Official Gazette, dissolving the union of Elgin and 
Middlesex. 

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 Eraser. 

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 1 5th of November, 1853, the first court of quarter 
sessions of the Couty 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 : 



THE COURT IIOUSKS OF A CENTURY. I 3 

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. 




THE ELG3N COURT HOUSE BEFORE THE FIRE. 

Any one 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 ft el 
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 



14 THE COURT HOUSES OF A CENTURY. 

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 con 
sidered amongst the freest and most contented. 




CDURT 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 



THE COURT HOUSKS OF A CKXTURV. 15 

integrity of their purposes, the cultivation of their minds, the 
uprightness of their characters, and their successfulness in accom 
plishing 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 nth of April, in 
the same year, Hon. Justice Draper opened the first Court ot 
Assize. Col. John Prince, O. 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 ist of July, 1898, a fire occurred at midnight, destroying 
thereof and upper portion of the- Court House, the whole building 
being damaged by water. 







DAN. EL. LANG. 
Warden, 1898. 




CSCAK IVIcKfcNNEY. 
Wai-den, 1839. 



r " 






, 




ARCH;SAI.D j. LEJTCH, 

Chairman EUJ ci n s Committee . 
1833-1839. 





NEIL R. DART.ACH. 
Architect, 



ROBERT CARROLL. 
Contractor, 



The Elgin Court House, 1898-1900. 

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 fix 
ing 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 accom 
modation, 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 




THE NEW COURT HOUSE. 

Messrs. A. J. Leitch, S. B. Morris, I). Turner, R. Locker, I). F. 
Moore. W. B. Cole and Warden Lang, accompanied by X. 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 2jth 
of July, to receive report presented by Architect Darrach, who 
estimated the cost of plans submitted at about S,W ><><>. Opposi 
tion was offered by some members of the Council, who were des 
irous of limiting the cost of building to 520,000, 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 $i,jo<> for the whole work. 
Tenders were received, and as all of them exceeded the architect s 



1 8 THE COURT IIOUSKS OF A CKXTVRY 




D. J. HUGHES, ESQ., COUNTY JUDGE, 1899. 

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. $33,1)90 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 

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 oo 

McDonald & Wilson Toronto, gas fixtures. . . 645 oo 



THK COUKT HOUSKvS OF A CKNTUKY. 19 

The Preston Office & School Furniture Com 
pany, for special- work 2,995 oo 

And for furniture, desks, etc 556 80 

The Office Specialty Company, Toronto, for 

letterpress, stands, vault fittings, etc. . . . 892 50 

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 




COURT ROOM. 



council chamber, from \V. 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 
Karytic Stone Company, of Ingersoll, at the cost of 5579.02. 
The work of grading the grounds was completed under super 
intendence of W. Irving. 

Ol KNINC, I ROCKKDIXOS. 

The Court House was formally opened on Wednesday, the 
1 3th day of December, 1899, the occasion being the first day of 



20 THE COURT HOUSES OP A CKXTURY. 

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. 




LIBRARY. 



Rev. I). 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 accompani 
ment of a long and useful life. The Court House which we hereby 
formally hand over to you for Court purposes, is representative of 



THE COURT HOUSES OF A CENTURY 



21 



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 the) 
feel it is difficult in a brief address to refer to all the circumstances 
that have brought us together to-day." 




COUNTY COUNCIL CHAMBER 



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 



22 



THR COURT HOUSES OF A CKXTURY. 



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 




COUNTY CLCRK S OFFICE. 



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 satisfac 
tion 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 Air. 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. 



TIIK COURT HOUSKS OK A CENTURY. 



Art, national or individual, is the result of a lontf course of previous 
life and training ; a necessary result, if that life has been loyal, and aii 
impossible one, if it has been base. A" jr/7. 



r 



~ 



. 













> > * 

^^fer- S 

. ^^. 



WINDOW, MAIN STAIRWAY. 



Ill its important examples, all municipal art should be at oncuu 
(leenration and a commemoration it must beautify and should celebrate : 
thvw becoming a double stimulus, first to the aesthetic sense, second to 
the si iisc <,f patriotism. /Slash //,-/,/. 



24 THE COURT HOUSES OF A CENTURY. 

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, indus 
trious ; a people who love God and keep his commandments. 




COURT HDU3E, EAST SIDE, SHOWING GAOL ENTRANCE. 

He has left his impress 0:1 his county and its people, andean 
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 fautless. 

Who thiiiketh 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. 

Couutv Councillors S. B. Morris, W. O. Pollock, D. Lang. 



THE COURT HOUSES OF A CENTURY. 25 

W. M. Ford, K. McKellar, Mahlon Lyon, I) Mocre and A. J. 
Leitch also delivered addresses of congratulation. 

Judge Hughes thanked the County Council for the privilege 
of opening the new Couit House. The county building was a 
testimonial to the advancement of the county council. He had 
to acknowledge with thanks the many kind thing.s said of him 
personally, and of the way he had administered justice in the 
county. The building is an index, not only of enterpru e and 




GAOL YARD. 

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 iterf erred with, and all the rooms, except the court 
room, were but half the si/.e 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 th- bfich. and upon his distinguished 
services during tint 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. 



26 THK COTRT IIOUSKS OK A CKXTUKV. 

Judge Hughes said he could only express his high apprecia 
tion 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. 




F. HUNT, J, P., HOLDING COURT IN A GAOL WAr D, 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 2$rd 
of November. The total cost was $50,954.72, and of this 
amount the city of St. Thomas contributed $12, i/<S. 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 con 
tractors, 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. 



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Plan of Court House. 

GROUND FLOOR. 

*0- 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 adjoin 
ing by Clerk of the Peace. 

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. 

36. Witnesses Formerly Crown Counsel room, afterwards law library. 

27. County Council Chamber, also used for small courts. 

28-25). Local Master. 

31. Judges Parlor. ^ 

32. Turnkeys. Originally occupied as Jailer s Residence, and 

33. Petit Jury. afterwards as County Judge s Office. 

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 after 
wards by County Police Magistrate. 
45. Historical Society. 

The space occupied by main stairway was formerly a store room. 



E.LGHM LOUNTX CLauRT MOUSE 

. QNT. 




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FLOOR FLAX 



members of Elgin County Council. 

It! 2. 

ALDBOROUGH Duncan McColl. 

DUNWICH Moses Willey. 

SOUTHWOLD Colin Munro, Nicol McColl. 

YARMOUTH Elisha 8. Ganson (Warden), Leslie Pierce, 

MALAHIDB Thomas Locker (Warden), Lewis J. Clarke. 

BAYHAM John Elliott, J. Skinner. 

SOUTH DORCHESTER Jacob Cline. 

ST. THOMAS David Parish. 



DISTRICT No. 1- (Aldborough) 8. B. Morris, Daniel Lang (Warden 1898). 
DISTRICT No. 2 (Dutton and Dunwich) A. J. Leitch, Edward McKellar. 
DISTRICT No. 3 (Port Stanley and South-wold) 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 Bay- 

ham, and Malahide, except Polling Sub-division 5.) 

Oscar McKenney, (Warden, 1899) Richard Locker, 1898, 

Mahlon E. Lyon, 1899. 
DISTRICT No. ft (Springfield, South Dorchester, Malahide (Division 6) 

and Bayham (except divisions 1 and 2) David F. Moore, 

(Warden, 1900) Wm. M. Ford.