Lot 1
East Churton Street Between King Street and Margaret Lane
In William Churton’s plan, this lot was reserved for all of the necessary public buildings and was often referred to as the “Courthouse common area.”
Courthouses
First Courthouse
1756-1778
Because Orange County was founded in 1752 and the town of Hillsborough was not laid out until 1754, the Orange County court originally met in private homes near the Piney Ford on the Haw River in what is today Alamance County. Marmeduke Kimbrough was contracted to build a courthouse as well as a jail near Piney Ford; however, the contract was not carried out.
The exact date that a courthouse was built in Hillsborough is unknown, but court minutes indicate that by 1757, a building had been constructed. Aside from an existing record stating that a window needed to be replaced in the “upper room,” little is known about the first courthouse. In his 1906 Biographical History of North Carolina from Colonial Times to Present, Samuel Ashe wrote, “The court-house was a plain, bam-like structure of one story, and placed on pillars a little high from the ground. It was approached by a flight of steps to a narrow platform in front of the door, which opened to the north. The judge's bench was at the south end of the house, and its windows were simple openings in the unceiled walls, protected by plank shutters. It could not have been a very large building, because St. Matthew’s Church was used as the meeting spot for sizable gatherings.
(L) Piney Ford on the Haw River in what is today Red Slide Park in the town of Haw River
(R) Detail from the 1768 Sauthier Map depicting the first courthouse at "B," facing King Street
Second Courthouse
1778-1790
In 1778, the North Carolina General Assembly recognized that the existing courthouse was “greatly decayed, and in so ruinous a Condition, that Courts cannot with any Degree of Convenience be held therein,” and authorized commissioners to erect “a new Court-House in the town of Hillsborough, on the Lot of Ground whereon the Court-House now stands.” Little is known about this new courthouse except that it was a brick structure. In March 1790, fire destroyed this building. Consequently, the Assembly authorized a new building, permitting the town commissioners to "sell and dispose of the brick and remains of the former court-house in the said town of Hillsborough, and also to call for, demand and receive of all and every person or persons suspected of having any of the remains of said court-house in his, her or their possession."
(L.) The 1778 Act authorizing a new courthouse
(C.) a portrait of Speaker Cabarrus
(R.) A statement from Speaker of the House Stephen Cabarrus opposing the building of the 1790 (Below) A 6-13-1778 notice in the North Carolina Gazette
Third Courthouse
1790-1845
While a new building was being constructed, the court met in a private home. John Taylor is presumed to be the homeowner. Taylor owned property on the west side of Churton Street between King Street and Margaret Lane. The new courthouse was completed by May of 1791.
In 1844, the state legislature once again authorized the building of a brick courthouse in Hillsborough, one that would be safer from the risk of fire. A year later, Rev. Elias Dodson, pastor of First Baptist Church, purchased the existing wood structure. Over eight days in January 1845, when the ground was frozen, logs were placed under the building and it was slowly rolled up Churton Street to the spot where it remains today, north of Tryon Street on lot 99.
George Bishop purchased the building in 1862 for $1,200 and sold it to a group of Quakers from Pennsylvania. After the Civil War, the Quakers operated a freedmen’s school to educate the newly freed slaves. Later, the building became a public school.
In 1886, the structure was sold to the trustees of Dickerson Chapel AME. Rev. Job Berry and Rev. Billy Payne had recently organized the congregation. The church building was remodeled in 1891 and 1947. A small extension was added after 1987.
The attic of Dickerson AME, whose core was the former third courthouse:
(L.) The original timbers for the courthouse were all hewn and pit sawn oak and pine.
(C.) Timber joints. Also, tips of wrought iron shingle nails show through the roof sheathing.
(R.) Original molded-edge weatherboards still in place, secured with wrought nails.
Fourth Courthouse
1846-1954
In 1844, the magistrates of the county passed an order and appropriated $6,000 to erect a new structure. The sum was later increased by $2,000. John Berry was awarded the contract and the brethren of the Eagle Lodge laid the cornerstone in a ceremony that was held September 7, 1844. A dramatic keynote address was delivered by Rev. William M. Green, who served as the Rector of St. Matthews Episcopal Church, founded the of Chapel of the Cross in Chapel Hill, and directed the work of the Hillsborough Female Seminary. In his speech, Green said, “Let us hope however that the Stone now laid in the bosom of our common Mother, will remain forever a pledge of mutual confidence between the citizens of Old Orange.”
The building was completed in 1846 and the February term of the court was held in the new facility. The actual cost of the construction was roughly $9,650. Since the committee was unable to authorize mare than $8,000, Berry assumed the loss.
The clock in the courthouse tower was made in Birmingham, England around 1760 as a facsimile of the clock in the Independence Hall in Philadelphia. Local lore maintains that it was a gift to the town from King George III in 1789; however, not only is this assertion dubious, but a July 23, 1846 article in the Hillsborough Recorder stated that the clock was presented to the Town by an English nobleman prior to the Revolutionary War. Additionally, this article maintained that the clock had originally been located in the Market House (see below) while other sources indicate that it had originally been located in St. Matthew’s Church (see ‘Lot 98’). Perhaps it was located in St. Matthews first and then the Market House after St. Matthews was destroyed around 1800.
Reverend William Mercer Green (1798-1887)
(L.) A 1939 artist's drawing of the John Berry Courthouse (the "Old Courthouse").
(R.) The Old Courthouse as it appears in 2024
1953 images of the last trial held in the Old Courthouse
Orange County Historical Museum
1958-1987
The idea for the creation of a historical museum was formed after artifacts were collected and displayed during the 1952 Bicentennial celebrations of the founding of the county. Under the leadership of Mrs. Clarence Jones, the Hillsborough Garden Club championed the project, working tirelessly to find financial support, a location, and volunteers to run a museum.
When the fifth courthouse was opened across the street in 1954, most of the offices and courtrooms were relocated to that building (see 'Lot 3). The Orange County Commissioners approved the use of the former courtroom on the second floor of the “Old Courthouse,” as it became known, and appropriated $250 toward the new museum. To create the collection, local families donated domestic goods, military relics, costumes, and furniture from their homes. In November 1957, the Orange County Historical Museum opened its doors with the Garden Club as its sponsoring organization.
Prototype drawing for the mural entitled, “Exploration, Settlement, and Unrest.” It depicts Orange County from 1701-1771 and features the Reguators and the Battle of Alamance. In 1965, the Orange County Historical Museum commissioned Kenneth Whitsett to paint three murals to cover the rear wall of the old courtroom.
Kenneth Whitsett addressing Museum board members
Photo of Museum board members (l to r): Mrs. G. F. Dority, Museum Chairman Mrs. C. D. Jones, Mrs. M. B. Roberts, Mrs. Ben Johnston, Musuem Curator Mrs. G. M. Shope, and Keeper of the Weights and Measures Mr. Edwin Lynch
In 1980, the county decided to renovate the Old Courthouse and reclaim the courtroom to help with the county’s increasing load of trials. The Museum was evicted. Following protests and lawsuits, the Museum moved to its current location on lot 98. The cost to renovate the Old Courthouse was $400,000. A grand re-opening celebration was held May 25, 1986.
A 1982 cartoon expressing concern about the future of the Museum
Jails
1768-1926
Orange County has had at least 5 jails located in downtown Hillsborough.
In 1755, Alexander Mebane, Josiah Dixon, and William Churton were contracted to build the first prison. They hired Joseph Maddock (1722-1796), a Quaker carpenter and miller. The jail was built on a 25’x25’ plot at the northwestern corner of Lot 6. Specifications given in the County court minutes in 1752 called for the building of a prison “20 feet Long and 12 feet wide, with a partition in the middle, to be made of hewed logs eight Inches thick, weatherboarded with feather Edge plank, with a shingled Roof & floored above and below of hewed Loggs.” No mention is made of a foundation or stockade. In 1757, Maddock “ground pinned” the building to make it stronger. That same year, Mebane was instructed to provide a pair of stocks, a pillory, and a whipping post as well as 3 pairs of bolts and 4 pairs of handcuffs.
(L.) A 9" key in the collection of the Orange County Historical Museum reputed to be from the
"First Jail."
(R.) A 6-16-1768 notice of a jail escapee in the Virginia Gazette
A second prison was erected around 1765 on Lot 1. This structure was surrounded by a ten-foot stockade. Thomas Hart and Francis Nash superintended the building of the stockade and stocks at a cost of $24 paid to its builder. On court days and Market Days, whippings happened at 2 PM.
After the second jail burned, a third prison was proposed to be built in Hillsborough in 1771. However, nothing was built until 1798. In 1835, Henry Harris, a prisoner who had been captured “without papers,” supposedly burned down the 1798 jail. Harris escaped, was recaptured, and was taken to Yanceyville, in nearby Caswell County, and was reportedly hanged. While awaiting extradition, he was imprisoned in the basement of Josiah Turner’s house on Lot 35.
(L.) A 12-5-1821 notice of a jail escapee in the Hillsborough Recorder
(R.) A 9-25-1822 notice of prisoners in the jail from the Hillsborough Recorder
Articles in the Hillsborough Recorder regarding Henry Harris
(L.) Harris' escape 3-25-1836
(R.) Harris' extradition 4-15-1836
Building commissioners were then appointed for a fourth prison in 1836, which was to be 45 ft. long, 24 ft. wide, and two stories high. John Berry was awarded the contract for the stone building, which was completed in 1837. New gallows were erected by John R. Christmas in 1846. These were moved by court order in 1850 to “Gallows Hill” within the town commons in West Hillsborough.
An 1870 report to the North Carolina Board of Public Charities described the Orange County jail as, "Built of wood and stone, and is forty-five by twenty-four feet. It is two stories high and has two cells above and two rooms below, size of cells ten by ten of rooms nineteen by sixteen. Two windows in each room two feet four inches by four feet. The building is heated by stoves and fire-places. Two blankets and a straw bed are furnished each prisoner. Males and females are confined separate.”
In January 22, 1879, a letter to the editor in the Hillsborough Recorder mentioned that, “The present system of our laws in regard to the trials and punishment of criminals is filling our Penitentiary and our county prisons full to overflowing,” but rather than build a new jail, as some had recommended, the writer suggests improving the existing jail, avoiding a large increase in taxes.
A jail remained on lot 1 until 1926 when the county built a fifth prison across Court Street on lot 2.
Photo of the 1837 jail c. 1930 and a view of the Old Courthouse showing the jail behind it
Market House
c. 1758 - 1826
Market houses were one of the first public structures built in each town in colonial North Carolina. They were used for public events including auctions, land sales, and the hiring and selling of slaves. Most were similar in design to English market houses, with the first floor for market business and the second floor for the offices of town officials. The first floor would typically have had three arches through which vehicles could drive.
(L.) Artist's Depiction of the Hillsborough market, based on the appearance of similar buildings. Drawing by Irene Pender.
(R.) A 12-5-1821 advertisement in the Hillsborough Recorder for a slave sale at the market
The exact location and appearance of the Hillsborough market house in unknown. Sauthier’s map indicates that it was located approximately where the 1846 courthouse now stands and that it was a square structure, more similar to the many outbuildings around town than the houses of Hillsborough.
The Market House is indicted by the letter "D" on the Sauthier map.
Samuel A. Ashe’s Biographical History of North Carolina from Colonial Times to Present states that it was built in 1767, “over the intersection of King and Churton streets,” and that it had “wagon ways through it.”
A July 23, 1846 article in the Hillsborough Recorder confirms the latter. It claimed, “That building, standing as it did in the middle of two streets, obstructed the view of certain sign-boards, and gradually a party sprung up in the town which became very clamorous to have the old Market-House taken down. At last a bright mind struck out a reason for removing it, which soon prevailed, and in 1826, we believe it was, that venerable but not very slightly edifice was destroyed. It was urged that the timbers had become rotten, and at some time the wind might blow it down, to the great danger of the citizens! But lo! when they had pulled it down, the timbers were found to be perfectly sound! and would, perhaps, have withstood the blasts of half a century, but for the prevalence of that propensity in human nature which is ever ‘studious of change and pleased with novelty.”
(This article also maintained that the Market House was the location of the town clock that was later placed in the cupola of the 1846 courthouse).
Accordingly, it is likely that the structure that is represented on Sauthier’s map is not the same as the structure described in the other accounts, and that two market houses must have existed: one drawn by Sauthier that was built before 1768; one described by Ashe and the Recorder built after 1768.
(C.) The original market house in Fayetteville, positioned in the middle of the two main streets.
(R.) The market house in Fayetteville that was constructed in 1838 as seen on a c. 1900 postcard.
Mayor's Office
1889-1934
In 1888, the Orange County commissioners granted the town of Hillsboro permission to erect a brick building on the southwest corner of the courthouse square for use as the mayor's office and guard house. James Carmichael served as the general contractor and the construction cost the town $560. It was first occupied on April 1889.
The front section of the building was used as the mayor's office while the rear had two jail cells. Although once the pride of the town, the building fell into disuse after the new jail was occupied in 1926. Consequently, it was demolished in 1934 as part of a "beautification" of the courthouse square.
(L.) A June 15, 1889 article in the Orange County Observer discussing the health of Orange County that describes the new mayor's office and guard house.
(C.) The Mayor's Office can be seen in the bottom right corner of this c.1915 from a postcard
(R.) Image on left enlarged
Bell Tower
c. 1900 - 1920
Sanborn maps from 1900 - 1911 depict a bell tower on the Courthouse Square which did not appear in their 1894 or 1924 maps.
Detail from the 1900 Sanborn map shows a tower in the southeast side of lot 1, between the courthouse and the jail.
This bell tower was presumably a fire alarm tower The risk of fire being so great and the destruction so devastating since most buildings were wood frame, most towns constructed towers with bells to warn citizens of the danger and call them to join water brigades. In an April 27, 2011 article in the News of Orange, Hillsborough resident Sue Hayes (1881-1976) said, “As soon as a fire was discovered, the alarm was spread by ringing the courthouse bell, and, when the sound was heard, every man – young and old, able or unable, drunk or sober – ran to fight the fire. Some people brought their own buckets, and any merchant who had buckets for sale contributed his entire stock. The wonderful town pump was the only source of water and it worked continuously, one man spelling another.” At one point, there were fire buckets and ladders owned by the town to be used by the bucket brigades to fight fires.
A fire department and station were not organized until 1937 (see ‘Lots 6 and 7).
Circa 1900 fire Alarm Towers in Charleston, SC (L.), Lockport, NY (C.), and Port Townshend, WA (R.). The height and construction materials of the Hillsborough tower is unknown.