A Brief History of Upshur County

by G. H. Baird

According to information gathered from the oldest citizens, and from earlier records, Upshur County did not have a courthouse when the county was first organized in 1845. Court was held under an oak tree a mile north of Gilmer on the Cherokee Trace. The first case tried in the “open air” court was that of John Craig for “assault and battery.” This was during the spring term of 1846. When court met again the following fall, 1846, an order was granted by O. M. Roberts, first assistant judge, appointing the residence of William H. Hart, first county clerk, as the place where court was to be held in Upshur County until the seat of the county could be “carefully located.”

There was no district clerk at that time, so the governor of Texas appointed Elias L. Bishop as temporary district clerk. A few years later a small, one-room log cabin was built out on the Cherokee Trace which served as a meeting place for the officials. Just how long this cabin was used for this purpose there is no record. When the court met April 4, 1871, it granted an order allowing J. P. Ford $500 to pay for a courthouse. By October 30, 1872, a wooden building was erected on a selected spot where the present courthouse now stands. This building boasted a waterproof roof and a cupola supported by four large columns. The several offices were heated by fire places. Many of the prominent lawyers and citizens sat around these fire places spinning fabulous yarns and discussing plans for a better future.

Five years later, in 1877, improvements were made about the grounds around the courthouse. A wooden fence was built by W. A. Roberts to enclose the courtyard. A well was dug, which supplied water, not only for the public in general but for water troughs placed near the hitching posts. No cattle or hogs were allowed in the courtyard. This building stood for eleven years, and on the night of October 25, 1888, it was destroyed by fire, together with all records and papers, with the exception of a few that were placed in the fire-proof vault by the county clerk, S. P. McNair. This vault had been installed a few months before the fire. T. C. Mitchell was tax assessor-collector then.

While plans were being made for the erection of a new building, the county rented the opera building from Walter Boyd. This place was located near the site of the J. M. Still residence. The Tilman House, then one of the modern hotels, was also rented for extra space. On January 25, 1899, plans and specifications were accepted, and according to contract with Wilson Brothers, a new building was constructed of choice brick. The officials had the best material to go into the construction of the new building. They stuck to the old system of heating by means of fire places. The floors were covered with sawdust to protect them from rough boots, spurs, and tobacco juice, as well as to cut down on cleaning expenses. It had a tin roof, with lightning rods on all sides. A decorative iron fence was placed around the courtyard.

Schools of Upshur County

In the early days of Upshur County, there were no public free schools. Schools were private, and were supported by private tuition or by private donations. Back in the days of the Texas Republic, when Lamar was president, in 1839, a law was passed setting aside three leagues of land for each county for the establishment of primary schools and academies. The next year, 1840, another league was added. If there was not enough good vacant land in the county for this purpose, the survey was to be made from public lands elsewhere. Upshur County’s school land lies in Baylor and Throckmorton counties. It has never been sold and now yields a considerable income to the schools from rents and leases.

Upshur County has had from its earliest days some good schools located in different parts of the county. There was the Murry Institute, located somewhere about where Ore City now stands. It was a school of considerable note and was doing excellent work when the Civil War broke out. The Rev. J. J. Clark was founder and manager of the school.

Murry League got its name from William Murry who was the original grantee in a very early day. The Rev. Joshua Clark and his family and William L. Coppedge and his family moved to Texas from Haywood County, Tennessee, in wagons, in the fall of 1853, and settled at Murry League and together with others, began the erection of a large frame school building which received the name of Murry Institute. This school soon became the largest and most prominent school in the county, sending out many young men and women of various callings to make their mark in the world. The Rev. Clark was the head of the school, and some of the first teachers were Virgil M. DuBose, William L. Coppedge, W. B. Baley, and a number of other teachers of wide reputation. Later, some of the teachers were H. M. Mathis, R. G. Hersley, D. LeLand, Mrs. Eva Mash, J. A. Coppedge, James S. Palmer and others.

The Civil War broke into the progress of this school. Many of the young men quit school to join the army and the school never gained back all that was lost by the war.

School was held in the old building until it grew too large for the building, then the Methodist Church was used. Clark, the founder and first principal, was perhaps one of the greatest teachers that ever lived in Texas. He was said to be a man of strong character, and had the ability to raise money, even in the backwoods, to carry on a great school.