The Exeter Times-Advocate, 1956-05-31, Page 10«■ 'fl WT irw faxtf r rinuvAdvocate,"'May'WTW
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Judiciary Compla
Of First County Courthouse Century Ago
By JAMES SCOTT
The first chapter in the story
which leads, through many a
twist and turn, to the erection of
a real Court House for the Uni
ted Counties of Huron and Bruce,
covers the year of 1853.
Even before that year, the sta
tus of the Court House was not
as clear as it should have been,
Ten years previous, the Canada
Company had offered the United
Counties two and a half acres
in Goderich (Lots 503, 504, 505,
585 and 586) for the erection of
a. Gaol and Court House, This offer was accepted and a build
ing combining both offices was
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Beside CNR Station
Waterloo Cattle
Breeding Association
"WHERE BETTER BULLS ARE USED"
We Purchased Two Top
Beef Shorthorn Bulls
AT THE FAMOUS KILLEARN FARMS
(Owner Claude Gallinger)
Twelfth Annual Shorthorn Sale at Edmonton, Alta.
>. *Gallinger bulls have long been known for their size
and 'ruggedness and still retaining lots of quality.
. These bulls, will satisfy the most critical. Following
are their pedigrees.
353769- Killearn Howard, Red
Born August 9Z 1954
Taped 1,450 lbs. on May 15th, 1955
Cruggleton Achilles,
Red
Margo Clipper, Red«!RE
Klllearn Cyril 9th,
Red
Cruggleton Cyril
Red, little white
Maxine
2nd,
Normal Jewel
Red
Klllearn Max 5th., Red
Normal Jewel, Red
Klllearn
Red
Monarch 156
DAM
Klllearn Emmeline
14th. Red
Killearn
Red
Klllearn
4th,
Monarch 34th,
Norma Gem
Red
Klllearn ___
Dark Roan
Emmeline 7th,
Max 6th, Red
______ Norma
Emmeline 5th.
Red Roan
Klllearn
Klllearn
-361488- Killearn Welfare 22nd
— Born May 4th, 1955
1,050 lbs., May
Red
Taped
• IRE
Ualroiisle Welfare
Red
Calrdssle Welcome
Red Roan
15th, 1956
Calrossie Harmony
Dark Ro»n
Augusta Laura, Red
Calrossie Nesta
Broadhooks Red
Kirkton Baronet
Red Roan
Calrosaie Norah
Brdadhooks Red
DAM
Mdxfrto Norma
Rosewood Red
Killearn Max 5th,
Red
Killearn Max, Red
Peter's Nonpareil
Dark Roan
KiirWiT Norths
Rdsewt>t>d 2nd, Red
Norseman, Red Roan
KflieArn Rosewood 5th,
Red
These bulls will arrive at Waterloo sometime during
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erected, but ten years later,
when the County Council tried U
establish ownership of these
lands, they discovered that they
never had had a clear title to
them. The Canada Company had
never turned over the deed and
it took a good deal of quibbling
and negotiation before the United
Counties were able to establish
i whether or not they owned the 1 land on which their Court House
was built.
In the mean time, ihe Court
House itself had become a centre
of controversy. As still happens
today in the matter of ailing
court houses, the first complaints
came from members of the judi
ciary and the legal profession.
The charge was that the Court
House facilities in Huron were
scandalously uncomfortable. The
judges, notably His Honor John
Rolph, wrote to the County Coun
cil complaining about the low
ceiling of the room which led
to bad ventilation which was
further aggravated by too few
windows and a most unpleasant
aroma which came from the jail
yard which was immediately ad
jacent to the courtroom. Besides
ffiis His Honor pointed out that
it was not only incon*’enient but
somewhat below his judical dig
nity to have to go through the
common gaol to get into the
court chamber.
Jailyard Aroma
The members of the County
Council were fully as aware of
the courtroom’s disadvantages
as was the judge since the cham
ber was used as a Council room
as well as a courtroom. The
County Council held most of its
meetings in this room but the
records show that from time to
time, possibly because ‘the wind
was blowing from the wrong
direction and the aroma from the
jailyard was too strong even to
be borne by Huron County noses,
they would adjourn to the Huron
Hotel which was run by a friend
ly. and enterprising innkeeper
called Gentles.
However, both the Council and
the Grand Jury (made up of
Huron County taxpayers) were
loath to take any action which
would involve much expenditure
of taxpayers’ money. Judge
Rolph was not the kind of man
to be easily put off and when his
letters, got no action he took the
matter to the Chief Justice of
Ontario, Mr. Robinson,. The
Chief Justice then took pen
in hand and made such
strong recommendations to the
County Council that, at the first
sessions in 1853, the members
decided the matter would‘have to
be faced and a committee was
appointed consisting of Robert
Hays, Reeve of McKillop and
Grey, ’William Fraser, Reeve of
Kincardine and McGillivray, and
John Holmes, Reeve of Goderich
Township.
„ The next day the Council de
cided to add three more mem
bers and instructed the full com
mittee to review all complaints
which had been received and to
take the Sheriff, John McDonald,
and the Surveyor along with
them and see what could be done
to make conditions better while
the possibility of erecting a new
Court House was under discus
sion, The three members added
were William Wallace, Reeve of
the Town of Goderich, Moses
Johnson, Reeve of Hay, and
Ninian Woods, Reeve of Stanley.
Most of the men who now
made up the full committee con
tinued to act throughout the ear
ly planning, phases of the Court
House and spent a great deal
of time considering the problem.
In a sense, they were the found
ing- fathers of the splendid edifice
which graced the Square in
Goderich for a hundred years.
In No Hurry ___
The committee was in no hurry
to commit itself to erecting a
new building and the only action
which it took during the January
session of County Council was to
recommend certain improve
ments in the present quarters
which it obviously hoped would
keep the complaining members
of the judiciary quiet for a while.
They suggested that a window
be made into a door so it
wouldn’t be necessary to go
through the gaol in order to get
into the courtroom and that
“three large ventilators be made
in the ceiling (one over the
bench) with corresponding venti
lators in the sides of the dome
with a view to carry off the foul
atmosphere.”
The Council agreed to this and
hoped “that the Judges who ob
ject to the Court House in its
present state .will be temporarily
satisfied with the proposed im
provements.”
That, of course, was where
they went wrong. The Judges
were not satisfied—not even tem
porarily—and another letter ar
rived from the Chief Justice.
Meawhile at least one member
of the original committee had
become a champion for a new
Court House. This was William
Wallace of the Town of Goderich.
When Council convened in May
he promptly moved that a com
mittee be set up “to select a
suitable site for a Court House
or4 make arrangements for a
suitable room to hold all Courts
and County meetings.”
This was a considerably more
definite step than knocking out
windows in the old room, and the
committee was appointed, made
up of Messrs., Holmes, Hays,
Woods, and the Warden, vr.
Chalk of Tuckersmith.
Mr, Wallace, it would seem,
was disappointed at being left
off the committee and before
the Council was over he had got
himself and Jbhn Atkinson Of
Biddulph added.
At this point, the eager inn-
keeper,, Mr. Gentles enters the
picture. Mr. Gedles’ establish
ment, the Huron Hbtel, Whs al
most a home away from home
for the Council members when
fhey were in Goderich going
about the County's business,
There is no doubt this hostelry, a
hundred years ago, played a role
similar to that taken on by an
other Goderich hotel of more re
cent times.
Innkeeper Had Ideas
Now Mr. Gentles got a great
idea. He talked to his friends,
the County Councillors, and of
fered to build them their Court
House, and he was going to
make it a good one. It would be
two stories high, would contain
a courtroom 62 by 37 feet with
a 14 foot ceiling, accommodation
for all County offices, a jury
room and a fireproof safe. For
this, Mr. Gentles proposed that
the County loan him 400 pounds,
interest free fori five years, and
that they agree to rent the build
ing from him at a rate of 20
pounds per annum.
The Council seemed to like
this idea and a committee was
set up to make “arrangements
for procuring the money for Mr.
Gentles as they see fit.”
This time Mr. Wallace was on
the committee.
Somehow, between May and
July, for reasons which are now
lost in the dimness of the past,
the negotations between the
Council and Mr. Gentles collaps
ed. When ihe Council met in
July, Mr. Wallace was there with
another proposal, and just in the
nick of time, too. The Court of
Queen’s Bench was getting im
patient and threatened to re
move to an adjoining County un
less better accommodation were
provided at once. Mr. Wallace
moved that a sum of 3,000
pounds be raised “for the build
ing (and if necessary the pur
chasing of land) for a Court
House and suitable offices.”
This motion was carried. •
It is obvious from the records
that the .decision to build a prop
er Court’ House was not reached
without considerable discussion
and that there were two factions
hard at work. The Report brought
in by the committee which was
finally approved is one ■ of those
masterly political documents
which gives both sides something
to support.
The report began by giving
no quarter to the objections of
the .outside judges: “This com
mittee are of the opinion that
the present Court House is large
enough for the business likely to
be done for some time to come,
and with the lately proposed al
terations would remove the most
serious objections raised by the
Judge of the last assizes.
However the report goes on:
“But to remove all difficulty
your committee would recom
mend that the sum of two thous
and pounds be yaised from- the
Consolidated Loan Fund, and
that loans and specifications be
advertised for, and that two lots
be purchased- in a central situa
tion at a price rot to exceed 150
pounds.” (
The problem, of course, was
far from settled. There were a
couple of questions in the com
mittee’s recommendation which
were full of the.,, seeds of con
troversy. There was the matter
of “the suitable lots in a cent
ral location.” In those days; the
central area of Goderich was
far from crowded and there
were several locations which
would fit these specifications.
Then too, when the commit
tee’s report was finally accept
ed, Dr. Chalk introduced anoth
er problem. He moved that “the
said- By-law be submitted to the
inhabitants of the respective
Townships for their approval, ac
cording to the Statute, and that
any further action in the matter
be suspended until the votes of
the said inhabitants be taken.”
This was carried. Indeed, it was
the only legally acceptable pro
cedure.
Between July and September,
the proposal for building a new
Court House in Goderich receiv-
ed what, for a moment, looked
like a final setback. In the in
tervening . months, the members
of the County Council had obey
ed their instructions and had
referred the problem back to the
citizens whom they represented.
Thp procedure followed here was
for each township to call a pub
lic meeting at which the voters
were free to express their opin
ions as to whether or not the
United Counties needed a new
Court House. A ballot was then
taken and the reeve was thus
instructed as to whether or not
he would support the erection
of a new building.
When Council, convened agaift
in September, it was clear that
most townships had voted against
a new Court House at their pub
lic meetings. On the surface,
this looked to be the end of the
matter.
However, there were men on
the Court House committee who
were not given to yielding so
easily. In the report they brought
in they got around a final re
jection this way: “The Council
consented to appeal to the sense
of the ratepayers and passed a
resolution to' the effect that they
were Willing to borrow on the
credit of the Consolidated Loan
Fund a sum sufficient to build
a hew Court House. To obtain
this loan, the law required that
the voice of the ratepayers be
taken, it has been taken and the
result is that they are against
the outlay, and consequently the
Council is not in a position to
build, but we would recommend
that the By-law be again pub
lished and reconsidered by the
ratepayers.” •
Another Chance
So back they went to the peo
ple of the townships and those
who wanted a new building must
have got in some good work, for
when the Council met in Decem
ber it was found that most town
ships had changed their minds
and now supported the By-law
to w raise the required money.
This information was presented
to Council oft December 21st.
1853, and Mr. Wallace, the fore
most supporter from the very
beginning, clinched the deal with
the following motion: “That a
committee of three (and the
Warden) be appointed to carry
out the provisions of the pas
sage of the By-law for the erec
tion of a Court House to be -erect
ed in Goderich oit the land given
by the Canada Company for the
purpose of building a gao’ and
Court House or on some more
suitable location to be selected
by the said Committee."
The Wallace Offer
It was fairly clear that the
Canada Company land while
suitable for a gaol was not ideal
for a Court House. It was not
centrally located and besides
the gaol building was built square
in the middle of the lot so that
a new building could not be
properly placed without tearing
down the gaol. Obviously, a more
.central location was needed and
it just happened that Mr. Wal
lace owned a couple of lots
which he thought would be ideal
for the purpose. He offered them
—at a price, of course—to the
County. t
But Mr. Wallace was doomed
for disappointment. Another
Scotsman, named Ross, also had
some convenient lots and he,
too, was ready to dispose of them
— at a price — to the County.
When a vote was taken it was
decided that Mr. Ross’ lots at
the corner of North street and
St. Vincent, street' be bought for
120 pounds. This was the same
price Mr. Wallace had asked,
but Mr. Ross threw in 12 cords
of stone which were on the prop
erty and got the sale.
But in the spring of 1853 when
County Council met the members
had thrown everything open
again. On the 26th of January,
Alexander McNabb, Reeve of
Saugeen, moved “That the Court
House Committee be 'permitted
to substitute another site in .lieu
of the lot purchased from Mr.
Ross if deemed advisable.”
There was something in the
wind and it was a suggestion
■from the,Town Council'of God
erich that the best place for
the new building would be in the
centre of th? Market Square.
Deed From Town
There was much to recom
mend such a site, but there were
arguments against it. For one
thing, the Ross lots had,, been
bought. For another the plans
which were drawn up for the
Court House were designed for
a corner lot, not a square. Ac
cordingly, the Council sent one
of the original members of the
Building Committee, John
Holmes, of Goderich ’Township,
down to Brantford to consult
with the contractor, Mr. Mel
lish of the firm of..Mellish, Mor
rell and Russell. Mr. Mellish in-
you from a Front Quartern
4 Rolled Rib Roasts
2 Rolled Blade Roasts
2 Pot Roasts
2 Short Rib Roasts ■
Shoulder Roasts
• 1 or 2 Rolled Brisket
Roasts
• 3-4 Shank Pieces
• 7-10 lbs'. Choice’ Minced
Beef
This is what we can give
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o
for a three or
four year term
HURON & ERIE
< MORTGAGE CORPORATION
formed him that to alter the
plans would cost an extra 250
pounds and the Building Commit
tee thought that was too much.
However, after considerable ne
gotiation, the Town of Goderich
agreed to make up the difference
and to give the County a clear
deed to the land of the Market
Square and the approaches there
to. This was obviously the right
decision arid the site was final
ly settled and there the Court
House stood until it was destroy
ed by . fire a hundred years lat
er. The new 1956 Court House
stands on the same spot.
Only one snag remained to be
settled. When Mr, Mellish drew
his plans they vere far more
elaborate and costly than the
Council had envisaged. Mr. Wal
lace had originally proposed an
expenditure of 3,000 pounds. The
Council had reduced this to two,
but Mr. Mellish, with more vis
ion than many gave him credit
for, upped it to 4,000 pounds.
This seemed like a lot of mon
ey, but the Mellish firm was
also building the Maitland River
bridge. They showed that by
having, both contracts they could
give better value for both bridge
and Court House than if the con
tracts were let separately. The
offer was accepted, this time
without reference back to the
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