In December 1805, the county court appointed a commission for building a new courthouse. The commissioners were William Dudley, John Parker, Hezekiah Harrison, Leonard Young and Thomas January. The commissioners were ordered to “report to the next County Court plans for a three-story brick Court House on the dimensions of not less than 40 by 60 feet, with the probable cost of covering said house.” In addition, the Court appointed William Dudley to represent the county with the Legislature.[i]
In December 1805, the Legislature approved an act “for the County Court and Circuit Court of Fayette County to hold their respective court in any house in the town of Lexington until the completion of the said new Court-House.” [ii]
In January 1806, the committee was authorized “to let the building of the new Court House, agreeable to the plan proposed by David Sutton[1], and agreed in by the commissioners, to dispose of the present Court House to the best advantage; to have the new Court House erected on the center of the public grounds, and to do anything they may think necessary towards erecting the same.” Thomas January was replaced as a commissioner, with Robert S. Russell and Thomas Wallace.[iii]
On February 16, 1806, the commission met at Megowan’s Tavern, to approve “of disposing of the present court-house erected on the center of the public ground and to do other things they think necessary towards erecting the same.” The commissioners awarded the contract to Winslow & Stephens[2]. The building cost $15,000.
January 1806
February 1810
The plans specified a three-story brick building, 60 by 50 feet, with a pavilion roof, covered with shingles. The building had a steeple, with the town clock. The first floor had two offices (16 by 20 feet) made fireproof with arch over brick and lime mortar. Asa Farra was paid 15 shillings for fencing the yard.[iv]
During the summer, the commissioners were collecting funds to pay for the construction. In July 1806, J. R. Tompkins, late Sheriff, paid L41 22s 8½d to settle his balance. The money was appropriated for glass. In October 1806, the commissioners collected L105 21 s 8d from Walter Carr and John Parker, high sheriffs.[v]
In August 1806, the plans were modified to install doors on all four sides. In November 1806, further changes installed a bull eye in the pediment. The construction of the new courthouse was completed in the fall of 1806.[vi]
During construction, the county and circuit courts used the Mt. Zion Presbyterian Church, on the southeastern corner of Walnut and Short Streets.[vii]
Alterations:
In July 1809, the contractors, Stevens & Winslow, were recalled to repair the steeple which was leaking.[viii]
During December 1809, a commission was established “to let the alterations in the court-house of Fayette.” The commissioners were William Dudley, Richard Higgins, Leonard Young, G. R. Tompkins and John H. Morton.[ix] The alterations included subdividing the first floor into four rooms and a central hallway, two staircases to the second floor and a door cut to Short Street. Potential bidders were to submit bids at the courthouse on February 7, 1810, at noon. The court appropriated $800 for these alternations.[x]
In September 1811, a lottery was established for addition improvements to the courthouse square. These improvements were enclosing the square with an iron fence, paving portions of the square and other “ornamentations.” The lottery’s grand prize was $1,000, second prize was $500 and third prize was $200 (two awards). The tickets cost $5 each.[xi]
In November 1815, the County Court approved $800 “for putting a kirbstone around and leveling the Court House yard.” In November 1816, the court paid Thomas Chamberlain $484.60 “for plastering the upper rooms of the Court House.”[xii]
In 1817, the courthouse was renovated with the addition of bell tower, cupola and new town clock. The bell was cast by Thomas Levering, of Philadelphia. The bell weight three hundred pounds.[xiii]
In March 1818, the County Court ordered improvements to the courthouse square, including leveling the ground and erecting a fence around the square. In addition, a portion of the Public Square was paved with bricks.[xiv]
On February 22, 1819, the anniversary of Washington’s birth was celebrated in Lexington. The celebrations started in the early morning, with Captain Leslie Comb’s artillery filing a 21 gun salute and a parade of volunteer infantry companies. This was followed by an oratory by Thomas Hickey, at the courthouse. That evening a ball was held at Keen’s Tavern.[xv]
During 1822, an iron railing with stone sills, was installed around the court square, at an expense of $1,820. In 1823, two outbuildings were also erected on both sides of the courthouse, with the county clerk and road surveyor facing Cheapside and the sheriff and circuit clerk facing Upper Street.[xvi]
For minor offenses, the sentence was public flogging at the Whipping Post. The post was located in the courthouse yard, at the corner of Cheapside and Main Streets.[xvii]
In November 1835, a granite cenotaph, ten feet tall and enclosed in an iron fence was erected on the courthouse lawn to the memory of William T. Barry[3]. See Barry Monument.[xviii]
Engraving of Courthouse, circa 1840s <LPL>
In November 1852, while the Democrats were celebrating their victory on election night, an arsonist set fire to the courthouse. The Lyon Fire Company, volunteer firefighters, arrived with their two engines and extinguished the fire. The damage was confined to the interior. The Kentucky Statesman theorized that the fire was set “with the intention of burning the old Court House down, in the hope of getting a better one built.” In addition, it was reported “that the democrats of the city had, on Tuesday night last, in the midst of their rejoicing, purposely fired the Court House with the intention to burn it down.”[xix]
1855 Map of Lexington <LPL>
The Lynching of William Barker:
On July 10, 1858, City Marshall Joseph Beard was stabbed to death by William Barker. Barker was engaged in a drunken quarrel with John McChestney, on Water Street, near the city market house. Beard arrested Barker, who then attacked Beard with a knife. Later that morning a large mob seized Barker and lynched him from the second story of the courthouse.[xx]
Harper’s Weekly reported:[xxi]
"On the morning of the 10th instant William Barker, one of a notorious gang who have infested Lexington for some time, was engaged in an altercation with another person, and had his knife drawn as if to strike. Joseph Beard, the city Marshal, was at that time in the market-house across the street, making some purchases. His attention being attracted to the fracas, he went over, and, seizing Barker by the arm, started with him to the watch-house; they had proceeded but a few steps when Barker up tripped Mr. Beard, and, as he was falling, stabbed him in the hip; the murderer then very deliberately turned his victim over and thrust his bowie-knife in his breast, drawing it toward him and twisting it around in the wound. Mr. Beard died instantly, and the assassin fled, but was arrested and placed in jail.”
"About seven o'clock A. M. the court-house and fire-bells were ringing simultaneously, and in a remarkably short space of time hundreds of the best citizens had assembled at the court-house. A motion was made to proceed to the jail and take out the murderer and hang him. The proposition was received with an assenting shout; in a few moments the multitude had reached the jail, forced the keys from the jailer, and secured Barker; he was taken to the court-house, out of a second-story window of which a beam was thrust. The rope was then placed around the wretched man's neck, and the other end fastened to the beam; his hands were then tied, and he was let out the window as gently as possible; but the rope proved too weak - it snapped, and the murderer fell to the pavement. Another rope was procured, and he was supported until it could be fastened; he was then swung off. He remained suspended for over an hour.”
“Thus ended the fearful tragedy. That such demonstrations of popular indignation are to be deprecated all will readily admit, but that Barker deserved death no one will deny; and it is only because the people have seen for years their best citizens slaughtered, and the murders permitted to go unwhipped of justice, that they resolved, in this instance, to show their determination not to be insulted by mock administration of law."
The Lynching of William Barker at Lexington, Kentucky <Harper’s>
During September 1859, Bruen Iron Works was hired to repair the iron fence around the courthouse.[xxii]
Civil War:
The Presidential election of 1860, featured two Kentucky candidates John C. Breckinridge and Abraham Lincoln. Breckinridge a Lexington native and former Vice President, headed the Southern Democratic Party, while Lincoln headed the Republican Party. Lincoln received only a handful of votes in Fayette County, but won the National election. By April of the next year, conflict broke out went the southern states succeeded, Kentucky tried to remain neutral, but soon men began marching south and north to join the respective armies.
In August 1861, a shipment of “Lincoln Guns” arrived in Lexington to supply Federal home guards. As the Federal troops arrived to take possession of the guns, the bell at the courthouse was rung to callout prosouthern state guard. Both forces faced off around the railroad depot. Finally, the Federal forces withdrew after taking possession of the arms.[xxiii] The next month, Federal forces occupied Lexington and stationed artillery on the courthouse lawn.
Local Home Guard parading on Cheapside, circa 1860 <Lexington History Museum>
Another view of the Home Guard on the lawn of the Courthouse <Lexington History Museum>
On October 18, 1862, Confederate troops under John Hunt Morgan surprised the Union forces in Lexington and fought a brief skirmish at Ashland (Henry Clay’s home on Richmond Road). A number of Union troops barricaded themselves in the courthouse. The Confederates then demanded their surrender, which was refused. However, when the Confederates trained their artillery on the courthouse, Lexington’s mayor negotiated the surrender of the troops in the courthouse, to prevent its destruction.
1877 Birdseye View of Lexington <LPL>
In 1867, the Kentucky Gazette described the courthouse as a “grim, unsightly building” and “this old and weather-beaten hall as a hopeless and hideous nuisance.” Years earlier, Henry Clay had commented “the miserable building put up for a Court House in Lexington – the disgrace of the town and the derision of everybody – ought to admonish us to proceed with more discretion in our public edifices.”[xxiv]
West side of Courthouse, circa 1870s <Lexington History Museum>
In 1872, a committee was appointed to review the condition of the courthouse. After several meetings, no action was taken. In February 1875, the grand jury conducted an investigation of the courthouse and indicted the county for “the murderously unhealthy state of the Temple of Justice.” The jury issued a true bill for the county not “providing the court with a proper place in which to hold its sessions.” The building was cleaned and some cosmetic repairs made. However, both sides agreed that a new courthouse was needed.[xxv]
During 1878, the legislature approved an act “to authorize and provide for the erection of a new Court House and Clerk’s Office in Fayette County.” [xxvi]
In January 1882, the Chamber of Commerce led a campaign to replace the courthouse. The Chamber established a committee to meet with the city and county officials. Joseph M. Kimbrough, a city council member, stated the “present building is a disgrace to the county, city and state. No other county had so bad a one.” A local merchant, William B. Emmual, “referred to the unhealthy condition of the present Court House, and the pressing need of a new one, if only to save valuable lives.”[xxvii]
Water cart being filled from well, Henry Kearns held the contract to sprinkle the streets to reduce dust <Dunn>
In August 1882, the Legislature authorized a new courthouse for Lexington.
On February 17, 1883, the last Circuit Court session in the old courthouse adjourned on Saturday afternoon. Judge Richard A. Buckner proposed a resolution befitting the old courthouse, however, Judge B. F. Buckner put on his hat and walked out commenting “they might commence tearing down the venerable edifice as soon as he got out the door, for all he cared.[xxviii]
The building materials were sold on February 17, 1883 and the building was razed.
[1] There were no profession architects in Lexington. Sutton was a hemp manufacturer and large landowner, with property along Henry’s Mill (Newtown) pike.
[2] The firm consisted of Hallett M. Winslow and Luther Stephens, both son-in-laws of John Maxwell, pioneer founder of Lexington. In 1818, the firm built the steamboat Olive Branch, in Maysville for the Kentucky to New Orleans trade.
[3] Barry (1784-1835) was a prominent attorney, Congressman, Senator, Postmaster General and Minister to Spain.
[i] Coleman (Court Houses), pages 15-17 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[ii] Coleman (Court Houses), pages 15-17 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[iii] Coleman (Court Houses), pages 15-17, Wright, pages 21-22, Kerr, Betty L., Lexington – A Century in Photographs, Lexington-Fayette County Historic Commission, Lexington,1984, page 22, Kentucky Gazette, January 16, 1806, page 3, column 3.
[iv] Coleman (Court Houses), pages 15-17, Wright, pages 21-22, Staples, page 288, Kerr, Betty L., Lexington – A Century in Photographs, Lexington-Fayette County Historic Commission, Lexington,1984, page 22 and Kentucky Gazette, January 16, 1806, page 3, column 3.
[v] Coleman (Court Houses), pages 15-17 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[vi] Coleman (Court Houses), pages 15-17 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[vii] Coleman (Court Houses), pages 15-17 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[viii] Coleman (Court Houses), pages 15-17 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[ix] Kentucky Reporter, December 19, 1809, page 3, column 3 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[x] Kentucky Reporter, February 2, 1810, page 4, column 3 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[xi] Kentucky Reporter, March 28, 1812, page 4, column 2.
[xii] Lexington Daily Press, February 20, 1883, page 2, column 2.
[xiii] Coleman (Court Houses), pages 17, Staples, page 289 and Lexington Daily Press, February 20, 1883, page 2, column 2.
[xiv] Kentucky Reporter, March 4, 1818, page 3, column 4.
[xv] Kentucky Reporter, February 24, 1819, page 3, column 2.
[xvi] Coleman (Court Houses), pages 15-17, Kerr, page 22, Staples, page 289 and Kentucky Reporter, February 10, 1823, page 3, column 1.
[xvii] Staple, page 291.
[xviii] Coleman (Squire’s), page 39.
[xix] Kentucky Statesman, November 12, 1852, page 3, column 2.
[xx] Coleman, J. Winston, Jr., Retribution at the Court House, Winburn Press, Lexington, 1957, pages 1-15, Coleman (Court Houses), pages 24-25, Kentucky Statesman, July 13, 1858, Cincinnati Commercial, July 15, 1858 and Harper’s Weekly, July 31, 1858.
[xxi] Harper’s Weekly, July 31, 1858
[xxii] Kentucky Statesman, September 27, 1859, page 2, column 2.
[xxiii] Kentucky Statesman, August 22, 1861, page 3, column 3.
[xxiv] Staples, page 289 (Letter - Henry Clay to John W. Hunt, May 9, 1812) and Wright, pages 58-59 and 117.
[xxv] Lexington Daily Press, July 3, 1872, page 4, column 3, February 11, 1875, page 4, column 3 and February 13, 1875, page 4, column 2.
[xxvi] Wright, page 117.
[xxvii] Lexington Transcript, January 27, 1882, page 1, column 4.
[xxviii] Lexington Daily Press, February 20, 1883.
