History of Henderson Co. Court House 1913

The Athens Review, Athens, Texas, Thursday November 20, 1913
History Henderson County
From the official records for the is-(the page is partly torn)
of the Review to be Deposited in Corner Stone of New Court House.
Review, desiring to have a --- of the Review deposited in the corner stone of the new
court house, by the aid of W. T. Carroll who searched the records for the following information
and facts concerning the organization of the county, a history of the county courts, court houses,
jails etc., has prepared the article which follows. It will doubtless be interesting to our readers, and
furnish reliable and official information that is taken directly from the court records of the county.

This county, as our people know was named in honor of Pinkney Henderson, the first governor of
Texas, and one of the most prominent and able lawyers of his day, ad one of the leading statesmen
of Texas, and one of the chief builders of this great commonwealth. There were giants in those
days of the early period of Texas during the days of the Republic and afterwards at the State. It
is doubtful if any state ever had a body of more talented, scholarly and patriotic men for its founders
than he Texas.

At the time when this history begins Henderson county included in its limits the present counties of
Kaufman, and Van Zandt. It...Henderson county was cut off of Nacogdoches county.

First County Court.
Followings is the official record of the first county court ever held in the county.

The State of Texas,
Henderson County:
Be it remembered that a special term (it being the first term) of the county court begun and held in
conformity with law at the house of William Ware on Tuesday, the 4th day of August, 1846. Present
and presiding John Damron, Chief Justice, William Peters, J. N. Naudain and Peter Hill, county
commissioners; B. Shankle, sheriff, and Albert G. Kimball, clerk; when the following proceedings
were had.
(This court was held at Buffalo on the banks of the Trinity river in the western part of the county.)

The next order of court found says:
It is ordered by the court that until the county seat of Henderson county is established as required by
law, the courts of said county shall be held and the records kept at the home of William Ware.

Of date November 13, 1846, this order of the court is of record.

Ordered by the Court that from and after November 13, 1846 the courts of the county of Henderson
shall be held at or near the residence of William Love and said place shall be known as Mt. Pleasant.

Some time after this the place of holding court was changed back to the home of William Ware and
the place called Waresville.

At this time, as stated above, this county embraced also the territory of the present counties of
Kaufman and Van Zandt. In the year 1848, the counties of Kaufman and Van Zandt were created
from territory cut off of Henderson county and the present boundaries of Henderson county were
established. The records show that at the August, 1848 term of the court the county seat was
ordered moved from Buffalo to Centerville, the location of which was on or near Twin Creek between
the present site of Mabank and Mallard Prairie on the J. P. Brown survey. The first term of the court
was in September, 1848. The county seat remained at Centerville until April, 1849, when it was
again removed to Buffalo.

Sometime in 1850 the county seat was moved to Athens and the first term of court in Athens was
held in October of that year. While there is no record of the fact, it is traditionally true that the first
court in Athens was held under a large red, or pin oak tree which stood about where the present
new court house is in process of erection. This tree was destroyed when the frame court house,
hereinafter mentioned, was burned in 1885. The members of the first court held in Athens were
Chief Justice, E. M. Curtis, and Joab McManus and James A. Mitcham commissioners.

Contract Let for Court House
In September, 1850, an order was passed appointing E. J. Thompson agent to let the contract
for a court house, the contract to be let to the lowest bidder and the contractor to have one month
in which to complete the same. This court house was built on lot 3 in block 3, which lot is where the
new brick livery stable is now being built by Wright & Son. The contract was let to John Loop for
the sum of$50.00. The house completed and turned over to the county in November, 1850. At the
November term of the same year, the said John Loop was employed by the court to build a stick
and dirt Chimney to the court house for which he received $15.00, this court house complete
costing the county $65.00.

In 1853, J. B. Luker, father of our townsman, J. M. Luker, was employed to build a jail which he
built and was paid the sum of $375.00 for same. It seems from the record that the county was
without any jail for nearly three years after the county seat was permanently located at Athens.

In November, 1853, the county court passed an order appropriating $500.00 for the purpose of
building a court house. In August, 1854, the court appropriated $1000.oo with which to build a
court house. No evidence exists that this court house was ever built. In January, 1855, the court
bought from Tandy and F. C. Howeth for court purposes a certain house and lot fronting the
present public square on south side and known as the Howeth Grocery house.

In 1856, a new jail was built by Winfield B. Stirman, who is yet a citizen of Athens, and is father
of V. I. Stirman of the Powers Drug Co. No cost or plan of said jail is given.

Order for a New Court House
In September, 1858, an order was passed providing for the erection of a new court house. This
court was composed of the following persons: Chief Justice J. B. Luker; commissioners, John
G. Ratcliff, Thomas Berry, S. M. Richardson and R. R. Powers; sheriff, J. J. Smith; clerk, E. J.
Thompson. It appears nothing further was done this year in the matter of the new court house.
At November term, 1859, plans and specifications for a new court house were submitted and
approved by the court and bids advertised for the contract to be let to the lowest bidder.

At the February term 1860, contract to build a new court house was let to William Warenskjold,
the building to be completed by May 1, 1861, the cost to be $6000.00. Lewis W. Moore, S. M.
Richardson and Thos. B. Greenwood were appointed contract agents to represent the county
in the construction of the court house. The building was to be fifty feet square, to be built of
lumber, two stories with four rooms on first floor and one large court room on second floor, to be
painted and finished in good shape. This court house served the county until it was burned down in
February, 1885.

Early History of District Court
The first district court ever held in Henderson county was held at old Buffalo, beginning Monday,
judge, James D. Scott, district clerk, and B. Shankle was sheriff. The first case tried at this first
court was styled John J. Simpson vs. Wyatt Parham. The cause of action was Trespass to Try Title; wherein 21 labors of land were involved Ochiltree, Jennings & Hyde are recorded as attorneys for
plaintiff and Reeves and Reagan for defendant. These were noted attorneys of East Texas in
those days, Ochiltree and Reagan being of more than state-wide reputation.

An interesting chapter could if time was allowed, be written here about Reagan's connection with
the history of this county. He served in several minor positions as perhaps justice of the peace,
surveyor, sheriff and finally district judge and this county was in his congressional district before and
after the Civil War. he once had a modest law office in Athens.

The first term of district court ever held in Athens was in the fall of 1850. Bennett H. Martin was
district judge.

The short time at our disposal before this issue of the Review goes to press and other business
engagements prevented Mr. Carroll's further examination of the records, precludes a further
continuation of this early history at this time.

As before stated the frame court house was burned on the 13th day of February, 1885, while
district court was in session. F. A. Williams was district judge, John Collins Jr. district clerk and Wm.
Davis sheriff.

At a special term in March, 1885, the commissioners' court of the county to let a contract to C. H.
Hawn to build a new brick court house. The contract price was $17,500. The court at that time
was composed of W. R. Dickerson, county judge; W. G. Price, J. C. Elston, J. W. Carver and J. W.
Savage commissioners, and W. T. Eustace county clerk. At the May term, 1885, of the court an
order was passed ordering an issue of $19,000 in bonds to build the court house and to furnish it.
This building, erected by C. H. Hawn, still a contractor in Athens, and who is now erecting the new
$40,000 High School building, was completed and turned over to the county during the year 1885.
It had served as a court house from that date until torn down the past summer to make room for the
#113,000 new building now in course of erection and which now shows it is going to be one of the
prettiest and most substantial buildings of the character anywhere in East Texas.

The Review here wants to extend the heartiest thanks to the management to Mr. W. T. Carroll for
his work in searching the records for the information contained in this hastily written article. The
Review, as the corner stone is expected any day and the contractor wishes to lay it just as soon
as it arrives as about all the work that can be done before the laying of same has been completed.

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Old Newspaper Articles of Henderson County

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