MERCER COUNTY
COURTHOUSE HISTORY
1837 - 2008
PRINCETON, WEST VIRGINIA

COURTHOUSE-OLD
 
Courthouse-New
 

COURTHOUSE HISTORY
link to Courthouses of WV Division of Culture and History

 

    When Federal District Judge Nathaniel Harrison rode into Princeton in the fall of 1865 to take charge of the counties of Mercer, Monroe, and Green­brier, no one recognized him; no one spoke to him, for he was known in southern West Virginia as a Confederate turncoat. He brought with him a lawyer named Major Cyrus Newlin.
 

     Following the cool reception in Princeton, Judge Harrison turned his horse in the direction of Concord Church and established the county seat there. Then followed a five year struggle with much violence between Concord Church and Princeton over the location of the county seat. Princeton won an election in 1870 which stopped the shifting of court records between Concord Church and Princeton.

 

     Feelings remained bitter in Plymouth District and particularly at Concord Church over the removal of the court. To alleviate this condition, Major Reynolds of Princeton, a member of the West Virginia Legislature in 1873, fostered a successful bill creating a state school at Concord Church, now Athens, W.Va., named Concord State Normal School.

  

     After this Courthouse agitation ended in favor of Princeton, a new courthouse was completed in 1874 which was, however, destroyed by fire in 1875. A brick courthouse was constructed in 1876 and was altered and re-modeled throughout the years, until it was torn down in 1930. The present courthouse was erected in 1931 at a cost of $400,000.

 

     With the rise of Bluefield and the poor facilities Princeton for lodging and food, a second effort was made to change the court­house site, this time to Bluefield. The effort failed; and to appease the people of Bluefield, Senator William M. Mahood introduced a bill in the Legislature in 1895 to establish Bluefield Colored Institute. The measure carried and the school was opened December 1,1896. It is now Bluefield State College. Finally an election was held in 1907. Princeton won and the court­house was settled in Princeton for good.

John Maxey

 

Court Houses
 

     Mercer County has the distinction of having had more court houses than any other county in the state. The sixth and last court house was completed in 1931, six years before the county celebrated its centennial.

 

     The first court was held in the home of James Calfee, one of the eighteen justices of the peace. Moses E. Kerr was elected clerk of the court and was authorized to keep the papers and records of the court at his house until notified otherwise. A man named Ledbetter built the first court house in 1839 on the land donated for the public square by Captain William Smith. The court house was entered by a stairway leading from the street. The sheriff opened court by standing on the landing of the stairway and blowing upon a ram's horn.

The first court house was evidently poorly constructed because in 1840, one year after it was built, it was torn down and rebuilt on the same site. On August 11, 1841, William H. Howe, James Rowland, and Henderson Burn­side presented plans and proposals for the fen­cing of the grounds. Eleven years later, W.G. Bottimore was hired to examine the court house. In September of 1852, court had to be held in the Baptist Church because the court house was in no condition for a meeting.

 

     Much work was done on the building and the grounds in the late 1850's. In June 1857, Daniel W. Martin fixed the gates of the court house yard and was paid thirty dollars for the job at the December meeting. Six months later, Opie Staite was paid for rope for the court house bell. Also in June of 1858, Granville H. Ashworth was appointed commissioner in charge of the court house and other property on the public square. He was allowed ten dollars per year for his services. In the fall of 1858, a new roof was put on the building. Eli­jah Bailey was authorized to sell the lead that was taken off the old roof at five cents a pound "if sold privately." In November of the same year Alexander Mahood erected a water closet on the public square for the use of the court.

 

     Various groups in the county used the rooms in the court house for meetings. In July of 1849, the court authorized the use of either room on the second floor for the meetings of the Princeton Division of the Sons of Temper­ance No. 225. The Sons had to keep the room in order and in good condition. In February of 1857, the court gave William H. Heptinstall permission for the Brush Creek Division of the Sons of Temperance No. 389 to meet in one of the upper rooms of the court house as long as the Sons paid one dollar per month for the use of the room. Two years later, the Brush Creek Division donated a stove for the second story in lieu of rent due.

The second court house was used until May 1, 1862, when it was destroyed by the Con­federate troops stationed in Princeton. Col­onel Walter H. Jenifer had some provisions for the troops stored in the court house; and upon hearing of the defeat of the Confederates in the battle at the Clark House about seven miles north of Princeton, he ordered Princeton burned to prevent the advancing Federal troops from getting the supplies. Everything in the court house was destroyed except a few records which were saved by George Hall, a colored man. During the remaining years of the War, there was no attempt to rebuild the court house.

  

     In the fall of 1865, Judge Nathaniel Harrison, who had been recently appointed Circuit Judge, rode into Princeton to hold court. Harrison, who had deserted the southern cause for political gain, took offense at the cool reception he received from the pro­southern residents of Princeton. He, therefore, rode over to Concord Church where he held court in the log church, built about 1858 near the site of the present Athens Methodist Church.
 

     The people of Concord Church were eager to have the county seat located in their com­munity. At the urging of Harrison, they began agitating for the removal of the county seat to Concord Church. For five years the county was embroiled in disputes over the location of the county seat. In May 1866, the Board of Supervisors were ordered to "make provision for furnishing sufficient rooms at Concord, Clerk's and Recorder's offices ... accommo­dations for grand jury, where records of the county should be kept until the court house and other public buildings are definitely located and built." In 1867, Thomas Little, delegate to the Legislature, secured the passage of an act locating the court house in Princeton, but this act was repealed in 1868 through the efforts of George Evans, the new delegate who sided with the people at Concord Church and those in the northeastern part of the county which at that lime included a part of what is now Summers County.
 

     William Henderson French donated land for the new court house and jail which were built in the vicinity of the parking lot on the north side of the present Bank of Athens. Evans, who was awarded the contract for the two buildings, constructed the wooden jail first. In 1869, he began the brick court house. After laying the brick work up to the second story, he stopped. He changed his sentiment late in 1869 and joined the forces fighting to have the county seat located in Princeton. He assisted the Princetonians led by Ben White and others in removing the records to Princeton and in making plans for an election to settle the court house issue. The election held in October of 1870 resulted in the county seat being moved back to Princeton. The third court house, costing several thousand dollars, was left un­finished and the land reverted to French.

  

The court had the fourth court house erected on the same site as the first two buildings. It was built by Andrew Fillinger. In May of 1873, the court entertained a request for rope carpeting for the lower and upper floors and for the stair steps of the new court house. The court also heard two other re­quests: "to lower the railing of the banister of the judge's bench about one foot" and to have a public privy built "with urinals and seats so constructed that persons can not get on the seats with their feet." The fourth court house was destroyed by fire in 1875. In October of 1875, the court ordered all courts to be held in the building on the Pearis Tanyard property occupied by John C. Darst until the court house was rebuilt. Darst was paid forty-one dollars and fifty cents for the use of the tanyard building.
 

     The fifth court house was a square brick structure built by D.W. McClaughterty in 1876. The first floor contained the court rooms while the second housed the offices. In 1878, R.C. McClaugherty, prosecuting attorney, was authorized to use a room in the southeast cor­ner as his office. This room was also used as a jury room at times.
 

     An addition made in 1888 by John C. Darst, a local contractor, provided offices on the first floor and a court room on the second. Another addition was built in 1909 by the Witt Brothers, contractors from Bramwell. This building with its jail to the side served the county until 1930, when it was torn down and replaced in 1931 with the present court house, costing $400,000.
 

     The sixth court house, built through a bond issue voted by the citizens of the county in 1929, was dedicated on August 31, 1931. The Indiana limestone structure, four stories high, was designed by Alex B. Mahood of Bluefield. The stone carving in the frieze at each end of building represents the economic history of the county.
 

     The office of the jailor and the jail kitchen are located on the first floor. Three vaults for records and offices of the county clerk, the cir­cuit clerk, assessor, and sheriff are found on the second floor, the main floor of the building which may be entered from all four sides. A wide hall leads from each entrance to a central corridor. For a number of years after the court house was built, the offices for the superinten­dent of school, the agriculture agent, and the home demonstration agent were located on the main floor. Criminal and circuit court rooms, jury rooms, private offices for the judges, office of the prosecuting attorney, and the court reporter room are located on the third floor.
 

     The main contract for the building of the present court house was awarded to a Bluefield firm composed of G.V. Boone, Wallace Eason, and S.A. Wood. The sub-contract for roofing went to Woodrum Company, man­aged by W.C. Kane, who had roofed the fifth

court house in 1908. The sub-contract for heating and plumbing was awarded to J. Douglas Barger and Harry Barger of the Barger Heating and Plumbing Company. The sub-contract for painting was given to Berman C. Snidow. The sixth court house is one of West Virginia's finest court houses.
 

Margaret Ann Scott
 
 

Created by DPE, Copyright IRIS 2005

MERCER COUNTY HISTORICAL SOCIETY, INC.

P. O. BOX 5012 PRINCETON, WEST VIRGINIA 24740