Bedford County Jails and Courthouses

When Bedford County was formed out of Cumberland County on March 9, 1771, it was now necessary for the new county to provide a permanent place to conduct its legal matters and a place to keep those who broke the King's laws in confinement.

Two days later fifteen important and prominent men were commissioned by the Covernor as Justices of the Court of Quarter Sessions of the Peace—they were Robert Cluggage, William Crawford, Bernard Daugherty, John Fraser, Thomas Gist, Robert llanna, William Lochery, William McConnell, Alexander McKee, James Milligan, Dorsey Penecost, William Proctor Jr., Arthur St. Clair, John Wilson and George Woods.

Out of this list, Arthur St. Clair was commissioned as the first Prothonotary and William Proctor Jr. as the first Sheriff.

Arthur St. Clair, Bernard Daugherty, James Coulter, William Proctor Jr. and George Woods were appointed to act as a committee to locate and purchase a plot of ground in the town of Bedford where a Courthouse and prison could be erected.

All persons who were appointed to public offices had to take the following oath—"I ---- --, promise and swear that I will be faithful and bear true allegiance to his majesty, George lll, so help me, God." George III was then King of England.

Since there was no court house in the county, believe-it-or-not, the first Court of Quarter Sessions was held on April 16, 1771, in a local tavern operated by Henry Wertz.

Ten men were admitted and sworn to practice law in the county—George Brent, James Borwick, David Espy, Robert Galbreath, David Grier, Robert Magaw, Philip Pendleton, Andrew Ross, David Sample and James Wilson.

From what we could find, the first permanent Court house was built in the years of 1773 and 1774 on the northwest corner of the public square. The Civil War monument and Lutheran Church and office now occupy this area.

According to unconfirmed reports, a tract of land was purchased in 1771 for one-hundred pounds. This plot was located on Juliana Street directly opposite the First National Bank's Extension building. A temporary building made of logs housed the gaol and court house. The gaol was made like a square pen, about ten feet high. The logs were hand hewn. There were no doors or windows. The hipped roof was of clap board design. Prisoners had to be admitted and removed by portable ladders in and outside. The floor was the bare earth.

The new Court house had a frontage of about 65 feet on Juliana Street. It was three stories high, with a peaked roof, capped with a tall steeple. The first floor was used as the jail. One large room in the jail was used to hold persons who did not pay their debts. Part of the jail was reserved for the jailer. The second floor was the Courtroom, while the third floor was divided into several rooms of the grand and petit juries.

To reach the Courtroom, it was necessary to climb a wide uncovered stairway located on the outside. An extension of it led to the jury rooms. The building was of limestone blocks. A second stone building (16x21) adjoining the courthouse (facing Juliana St.) was used as an entrance to the jail and for family purposes. Later (about 1795) another one story brick building (39x21) with an arched ceiling was erected. It also faced Juliana Street. This building contained three rooms to be used by the county officials. A high thick stone wall w as also built which enclosed the entire space between the building and the western line of the square. This enclosure was used as a jail yard for the prisoners.

Now that we know that the town of Bedford had two jails on the public square in the 1770’s one may wonder the type of punishment given to those who were found guilty. Those who did not pay their honest debts were confined to jail for a period of time. They were kept in a section of the jail where they could look out of barred windows on to the square. Those with more serious crimes were kept in a windowless dungeon. The English 1,aws of 1767 were a part of the old barbarous ages and were enforced in all colonies.

Erected on the public square were a pillory and a whipping post where those who were convicted of the most serious crimes were punished. The English Law imposed public whipping as well as being made to stand at the pillory post and be exposed to all who passed. More forms of punishment were also imposed by the courts to the hardened criminal. Mutilation of the body such as cutting off the ears, splitting the nose or branding the face were often carried out. Horse stealing was one of the major crimes. One can find in Bedford Court Records of 1782 where two horse thieves received the following sentence— "they be taken tomorrow morning to the public square public whipping post between the hours of 8 and 10 o'clock, shall receive 29 lashes, to be well laid on, on their bare backs, and immediately afterwards be placed in the pillory for one hour and have their ears cut off and nailed to the pillory."

It was not until 1790 that all barbaric methods of punishment were abolished and terms of imprisonment were imposed.

The first Courthouse lasted for over fifty years. In 1825 the county authorities decided the county needed a larger building. After many meetings, Soloman Filler was awarded a contract to build a new courthouse. The site selected was on the southwest corner of the square. This building still stands and is serving the county today. The new courthouse was built in 1828 and the final touches made in 1829. The total cost was $7,500.

The old stone Courthouse was leased by the commissioners for a school. Both upper floors were made into class rooms.

In 1836, the county commissioners, Robert Gibson, George James and John Sipes decided a new jail was a necessity. They awarded a contract to Abraham Kerns to erect a brick building on lots 23 and 24 on the public square. The first Courthouse and gaol were erected on lots 25 and 26 on the square. The new jail contract was $7,940. The stone jail yard was sold by the commissioners on February 10, 1838, for $40.00 to Mr. Kerns.

After the commissioners accepted the new jail in 1838, the commissioners leased the lower floor of the old courthouse for a residence. The County Treasurer, Joseph W. Duncan was placed in one of the brick offices and the other two offices were leased to George W. Bowman, who was editor of the Bedford Gazette for printing purposes.

The citizens of Bedford felt that since the 'square' was given for the public use, the buildings were considered as public nuisances and should be removed. The occupants objected. However, the commissioners at public sale sold the old courthouse and prison to Alexander Henry and William Fletcher on April 21, 1842, for $93.00 with the understanding they were to be removed by September 1, 1842. Since the occupants refused to move they were indicted for maintaining a public nuisance occupying these buildings. They were tried in Court on August 28, 1843. After much deliberation on both sides, it was decided that the buildings were not public nuisances so long as they remained occupied. The case was then taken before the Supreme Court on June 10, 1846. This Court reversed the county Court's decision. The commissioners then sold the offices to Benjamin W. Garretson who removed them and the materials were used to erect a building on West John Street.

In 1876 the County Commissioners made an addition to the Courthouse by adding in the rear two large vaults for the Prothonotary and Recorder on the first floor and a grand jury room and petit jury room on the second floor.

The present jail located on the Southwest corner of Penn and Thomas streets was built in 1895 on lots 61 and 62 at a cost of $25,000. The brick structure was built by the Davis brothers of Everett, Pa., and the inside contractors were the Van Dorn Iron Works of Cleveland, Ohio James Piper, William Masters and James A. Sill were the County Commissioners and John Shaffer was clerk. S.R. Longenecker was the solicitor.