Up and Down the Kennebec Valley: Lower courts & Augusta Courthouse

by Mary Grow

Judge William Penn Whitehouse

Last week’s article summarized part of the origin of Maine’s court system, including the 1820 creation of the state Supreme Court. The next level below the Supreme Court, according to William Penn Whitehouse’s information in Henry Kingsbury’s 1892 Kennebec County history, was the court of common pleas.

As related last week, courts of common pleas were abolished in 1872. In 1878, some of this court’s functions were taken over in Kennebec County by the county superior court.

Whitehouse summarized the types of cases the superior court was authorized to decide. Through successive legislative acts, he wrote, the court’s jurisdiction came to include “all civil matters, except real actions, complaints for flowage, and proceedings in equity, including libels for divorce….”

Here is a definition of “real action” from the web: “a local legal action founded on seisin [another word for possession] or possession in which title is placed in issue and which aims at establishing title to a particular piece or part of real estate and at recovering the piece or part of real estate.”

“Flowage” is defined as “an overflowing onto adjacent land,” or “a body of water formed by overflowing or damming.”

“Proceeding in equity” means “a civil suit that seeks an equitable remedy, such as an injunction or specific performance, rather than a legal remedy, such as monetary damages.”

The superior court, Whitehouse wrote, also had “exclusive original and appellate jurisdiction of all criminal matters, including capital cases.” It was authorized to hear appeals from “municipal and police courts and trial justices in civil and criminal cases.”

An 1891 law, he said, limited the superior court’s jurisdiction to cases where requested damages were under $500. It also provided that in a murder trial, “one of the judges of the supreme court must preside.”

The next level of courts Whitehouse described he called the court of sessions. Inherited from Massachusetts, this court consisted of justices of the peace, at first however many there were in a jurisdiction, after 1807 a fixed number.

Kennebec County Courthouse

In Kennebec County (which had been separated from Lincoln County in February 1799), Whitehouse said this court had six justices plus a chief justice until 1819, when it was reduced to two justices plus a chief justice.

In 1831, the court of sessions was replaced by a court of county commissioners. This court still existed in 1892; it consisted of “three persons elected by the people.”

(Whether Whitehouse meant these “persons” were commissioners is unclear. However, the current Kennebec County website suggests they might have been. This site says the three Kennebec County commissioners, each representing a district in the county, have responsibility for policies and budgets; and “Additional duties include municipal tax abatement appeals and hearings on maintenance of town roads.”)

Yet another type of court Whitehouse said Maine inherited from Massachusetts is the probate court. A Maine Probate Court website explains: “Probate Courts handle the estates of deceased and missing persons, guardianship of incapacitated adults and minor children, trusts, legal name changes of adults and minors, adoption matters as well as other family matters.”

In 1784, Whitehouse wrote, the Massachusetts legislature created county probate courts, each consisting of one “able and learned person” as judge. The Maine legislature, in 1821, continued the system; in 1853, county probate judges and registers of probate (the person who manages and administers the court) were made elective officials, serving four-year terms.

Elizabeth “Libby” Mitchell, of Vassalboro, has been Kennebec County probate judge since 2016; she was re-elected in November 2024. Her husband, James “Jim” Mitchell, had held the position for 37 years before his death in September 2016.

The register is Ronda Snyder, of Sidney, serving her first term.

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In addition to state and county courts, Whitehouse listed municipal courts. In Kennebec County, they were established in Hallowell in 1835; in Gardiner in 1849 or 1850; in Augusta in 1850; and in Waterville in 1880 (called the police court).

Judges were elected until 1876. Thereafter, Whitehouse said, they were appointed by the governor and council for four-year terms.

These courts generally took over the powers that had been held by justices of the peace. In 1891, Whitehouse wrote, the legislature expanded the Waterville court’s jurisdiction over both criminal matters and minor civil actions. He did not explain why.

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According to James North in his 1870 history of Augusta, when Augusta and Hallowell separated in February 1797, the courts remained in what became briefly Harrington and on June 9 Augusta.

The first courthouse had been built in Market Square near Dickman Lane (now Dickman Street, in downtown Augusta?) in 1790. Money was raised by subscription, North said, with Henry Sewall (1752 – 1845, one of numerous Sewalls important in Augusta history) subscribing $10 in “labor and materials.” He and his brother, Jonathan Sewall, did most of the work.

By December 1790 the project was out of money, and the building wasn’t finished. The subscribers decided to make one room fit for the Court of Common Pleas’ January 1791 session. North wrote that the room was adequate, though it was “neither plastered nor lathed” until December 1791.

In June 1801, North wrote, Kennebec County officials decided it was time for a new courthouse. They chose a site on State Street (then named Court Street; what is now Court Street did not exist until 1803, and then only its east end, between Water and State streets) “on the site of the present [1870] new jail.”

This courthouse was usable by the winter of 1801-1802 – North wrote that religious services were occasionally held in it. It was officially finished March 16, 1802, and the Court of Common Pleas moved in.

“It was a commodious building for that day, and served the county for nearly thirty years,” North wrote. After that it became the State Street Chapel, home of the Second Baptist Church; then the Concert Hall; and when the new jail claimed the lot under it, it was moved and in 1870 was still the Concert Hall.

When the Kennebec County Court of Sessions met for its December 1827 term, some Kennebec Bar members asked for a new courthouse. The judges decided there was indeed a need for “better accommodation of the county and public offices” and appointed a six-man committee to design a new building and provide a cost estimate.

The committee reported in February 1828, proposing a 50-by-60-foot granite building 30 feet high. The court agreed and appointed James Cochran architect and Robert C. Vose builder. In January, 1829, they paid $1,000 for a lot (now 95 State Street).

General Joseph Chandler laid the cornerstone for the courthouse on May 29, 1829. North does not further identify him nor say why he was chosen; he does say there was a “brief ceremony, in presence of the workmen and a few spectators.”

Under the cornerstone, he said, were placed an engraved plate with the date; the governor’s name (Enoch Lincoln, who became governor on Jan. 3, 1827, and died in office Oct. 8, 1829, in Augusta, three days after a public speech at Cony Female Academy); lists of judges of the Supreme Court and the Court of Sessions; and the name of “Mr. Berry, the master builder.” Two “recent newspapers” were added.

North wrote that the outside of the building was finished in August, the inside in December. The Supreme Court was the first to use it, opening a session on June 1, 1830.

Maine’s first chief justice, Prentiss Mellen from Portland, who served from July 1, 1820, until he retired on Oct. 11, 1834 (the year he turned 70), praised the new courthouse as the best in the state. The state Supreme Court continued to hold its Augusta sessions in the building until 1970.

The courthouse is an early example of Greek Revival style in Maine, with Doric columns across the front on both levels. It now has a wooden belfry on top; but North wrote that originally the courthouse bell was hung in a small separate tower “in the rear of the county offices at the southwest corner of the lot.”

This configuration, he wrote, gave rise to jokes about “a church having sunk, leaving its steeple above ground.”

The belfry was moved to its proper location “within a few years,” Maine historian Earle G. Shettleworth Jr., surmised when he prepared the application for National Register listing in December, 1973.

The original courthouse has been enlarged twice, Shettleworth wrote. In 1851, it was expanded to the rear; in 1907, a new probate wing was added. Both additions were made “with granite in sympathy with style, scale, and texture of the original structure.” The inside has been repeatedly renovated.

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Your writer failed to find information on any early courthouse in Waterville.

Looking up “courthouse history Waterville Maine” on line brought an AI response (your writer regards AI with caution and doubt) saying Waterville’s courthouse is the 1829 Kennebec County courthouse, in Augusta.

Other on-line sources consider the contemporary Waterville courthouse the modern brick building on Colby Street, north of the business district. It houses the district court.

The Maine Judicial Branch website offers this information on contemporary district courts:

“As of July 1, 2024 the District Court has 44 judges and a number of Active Retired Judges who hold court in eight regions at many locations throughout Maine. The District Court hears civil, criminal and family matters and always sits without a jury.”

Augusta’s District Court is housed in a modern building at 1 Court Street. Another website says the Kennebec County Superior Court also holds sessions there.

Main sources

Kingsbury, Henry D., ed., Illustrated History of Kennebec County Maine 1625-1892 (1892).
North, James W., The History of Augusta (1870).

Websites, miscellaneous.

Endicott College announces local dean’s list students

Endicott College, in Beverly, Massachusetts, has announced its Fall 2024 dean’s list students.

The following students have met the requirements:

Augusta

Oliver Parker, English, Katherine Parker and Walter Parker;

China

Emily Clark, Nursing, Stacy Clark and Christopher Clark;

China Village

Hailey Hobart, Education, Deborah Hobart and Daniel Hobart

Jefferson

Elizabeth Greenleaf, Liberal Studies;

Winslow

Alexi ONeil, English, Michelle O’Neil.

WPI announces Fall dean’s list

A total of 2,393 undergraduate students at Worcester Polytechnic Institute (WPI), in Worcester, Massachusetts, were named to the university’s fall 2024 dean’s list.

The following students were named to the dean’s list for Fall 2024:

Kaitlyn Henry, of Augusta, class of 2028, majoring in Computer Science;

Lily Ker, of Waterville, class of 2027, majoring in Interactive Media and Game Development;

Emiko Peck, of Waterville, class of 2028, majoring in Mathematical Sciences.

Repair work taking place at Lithgow Library

photo: Friends of Lithgow Public Library

Please note that starting March 11, there will be ongoing repair work taking place in the library’s historic wing. The first phase of work will start with the Reading Room, which will be partially closed, and then will shift to the West side where the dvds, magazines and newspapers are housed. During phase two, the magazines and newspapers will be relocated to the Reference area on the 2nd floor and some of the dvds may be unavailable.

The historic wing is the library’s designated quiet area, but during this time there will be disruption. Thank you for your patience.

Lithgow Library is located at 45 Winthrop Street, in Augusta. For more information, please call the library at (207) 626-2415 or visit our website at www.lithgowlibrary.org

Augusta native serves with Navy Helicopter Strike Force

Petty Officer 3rd Class Theodore Mahaleris, of Augusta, with a Navy MH-60R Sea Hawk in the background. (photo by Mass Communication Specialist Seaman Joseph Sitter, Navy Public Affairs Support Element West)

Petty Officer 3rd Class Theodore Mahaleris, a native of Augusta, serves the U.S. Navy assigned to Helicopter Maritime Strike Squadron (HSM) 35.

Mahaleris graduated from Cony High School in 2017.

The skills and values needed to succeed in the Navy are similar to those found in Augusta.

“My hometown taught me the importance of small-town ideals,” Mahaleris said. “My city inspired me to venture off to experience new cities and new adventures. After joining the Navy, I was exposed to how much more the world had to offer.”

Mahaleris joined the Navy three years ago. Today, Mahaleris serves as a naval air crewman (tactical helicopter).

“I joined the Navy because I wanted to join a challenging and fulfilling community,” Mahaleris said. “Air rescue has provided the opportunity to travel to places I couldn’t ever imagine and contribute to a unique work environment. My great uncle served in the Navy and hearing his sea stories inspired me to join.”

Members of HSM-35 fly and maintain the MH-60R Sea Hawk helicopter, the Navy’s most advanced rotary wing maritime strike platform. The Navy MH-60R is able to perform many different missions. Some of the most common operations include strikes on maritime targets, submarine hunting and attack, electronic warfare, search and rescue, medical evacuations and supply support.

The U.S. Navy is celebrating its 250th birthday this year.

According to Navy officials, “America is a maritime nation and for 250 years, America’s Warfighting Navy has sailed the globe in defense of freedom.”

With 90 percent of global commerce traveling by sea and access to the internet relying on the security of undersea fiber optic cables, Navy officials continue to emphasize the prosperity of the United States is directly linked to recruiting and retaining talented people from across the rich fabric of America.

Mahaleris has many opportunities to achieve accomplishments during military service.

“My proudest accomplishment so far is graduating from the Fleet Replacement Aircrew (FRAC) training,” Mahaleris said. “I was able to push myself through rigorous training that I originally wasn’t inclined towards. I was able to achieve success in a rewarding career field that I would have never imagined myself in. The Romeo aircrew requirement is very intensive, but the opportunity to employ your skillset on a daily basis is unparalleled.”

Mahaleris serves a Navy that operates far forward, around the world and around the clock, promoting the nation’s prosperity and security.

“For me, serving in the Navy means training to be the best,” Mahaleris said. “To get to practice my mission set on a daily basis to protect this country is an experience unlike any other.”

Mahaleris is grateful to others for helping make a Navy career possible.

“I want to thank my mom and dad,” Mahaleris added. “Maine provided the foundation for me to propel myself to where I am today. I was able to leverage my experiences to become the leader I am today.”

LETTERS: Sadly, estranged from my daughter

To the editor:

Regarding my daughter’s rebuttal letter to The Town Line, it should be noted that the only references to dollars was what I paid a man to share my driving back to Maine. I would remind her I allowed her to write her own checks from our joint account, in her own words, “I do really appreciate your helping me out!”

I saw a lawyer who said I did nothing wrong: 1) Telling senior citizens not to make the mistake I did. 2) no malice, I wrote the truth. 3) it was not meant for her eyes to see and why I wrote to The Town Line, 2,000 miles away from Florida. My lawyer asked me and I ask you editor, et al, how the heck did she get to even know about The Town Line, or access it? Oh well, I am now estranged from my daughter. Sad as it has to be.

Frank Slason
Augusta

Area scouts earn merit badges at badge college

Ryan Poulin, President of New Dimensions Federal Credit Union, instructs Scouts including Elizabeth Blais, of Windsor, shown here on Personal Fitness Merit Badge. (photo by Chuck Mahaleris)

by Chuck Mahaleris

Scouting America, formerly the Boy Scouts of America, turned 115 years old on February 8. Scouts from central, western and southern Maine celebrated by doing something Scouts have done since the program began. – they earned merit badges.

The Kennebec Valley District hosted its annual Merit Badge College at Augusta’s First Church of the Nazarene and welcomed Scouts from nearby such as Augusta, Winthrop, Chelsea and Windsor to as far away as Gorham, Falmouth, Wilton, and Pittsfield.

“I am very impressed by our Scouts,” said Program Chairman Julie McKenney. “While other kids are sitting at home playing video games, these Scouts are learning about Graphic Arts, Architecture, and Digital Technology. The Merit Badge College could not happen without the volunteer Scouting leaders who are giving up three Saturdays to develop tomorrow’s leaders.”

McKenney, of Belgrade, stressed that these instructors are experts in the fields they are teaching. Such as Ryan Poulin, of Sidney, who taught Personal Management Merit Badge and is also the President of New Dimensions Credit Union. “Americans do not always make good financial decisions,” Poulin said. “Personal Fitness Merit Badge helps give the Scouts the tools they need to help them make good decisions down the road so they know how to avoid pitfalls and how to deal with them if they should happen.” One of the youth in his class was Augusta Troop #603 Star Scout Elizabeth Blais, of Windsor. “Merit Badges teach you important skills you can use throughout your life,” Blais said. She hopes to be an Eagle Scout one day.

Chris Clark, of Damariscotta, is a Tenderfoot Scout in Troop #213 draws in Scouts from all over Lincoln County. “I like learning things in Scouting,” Clark said during Coin Collecting Merit Badge class. “It’s fun.”

Theresea Poirier, of Augusta, one of the organizers of the event, said that over the course of three Saturdays nearly fifty Scouts will earn a total of 84 merit badges. “We began organizing this event back in November. It takes a lot of time and dedication from our volunteers to put it all together,” Poirier said. The most popular badge Scouts signed up to take was Family Life which is required for Eagle.

Kennebec Valley District Commissioner Christopher Santiago of Vassalboro was impressed with the results. “This is fantastic,” he said. “Merit Badges can introduce youth to a career interest or a hobby that will stay with them for life. There are 139 Merit Badges available ranging from Emergency Preparedness and First Aid to Environmental Science and Nature to Reading and Sustainability. I would love to see every Scout try to earn them all.”

Vassalboro Legion gathering personal care products for VA Veterans Home

St. Bridget’s Communtity Center. (photos courtesy of Victor Esposito)

During the holiday season for the last three years, members of American Legion Post #126, Vassalboro, gathered personal care products, puzzle books, and snacks for veterans at Togus Veterans Home, in Augusta. With the support of various organizations and individuals this has been an amazing display of generosity and thanks to our veterans.

The members of American Legion Post #126, Vassalboro, are inviting you to join them as they collect personal care products, snacks, puzzle books, etc., for this project. Once again, the Sew for a Cause group at St. Bridget Center has made and donated more than 250 Christmas stocking for this project. They will fill the stockings on December 9, 2024, at St. Bridget Center, 864 Main St., North Vassalboro. All are welcome to sort and fill the stockings. The filled stockings will be delivered to Togus Veterans Home by December 12, 2024.

Your support and donation are needed to meet the goal. For more information, to volunteer and/or make a donation, call 207-616-3148.

Scouts go paddling down the river

Foreground selfie photographer is Amanda Duchette. Left to eight, Jeff Morton, Marlene Lajoie, Tristan Morton, Brian Franklin, Ian Martin, Zach Corson, Anthony Fortin, Jon Martin, Trenton Franklin, Nancy Corson, and Winston Duchette. (contributed photo)

by Chuck Mahaleris

Scouts from Augusta Troop #603 spent time boating and hiking this autumn with two big adventures. On September 14, a large group of Scouts and parents and leaders boarded kayaks and canoes to paddle along the Kennebec River, from Waterville to Augusta. Nancy Corson, of Windsor, said, “This was a great experience for me and Zachary. We had a great time and it was tons of fun.” Scouts floated from the Waterville boat landing to Arsenal Street, in Augusta, making a trip of more than 16 miles. It was a full day on the water as they left at 9 a.m., arriving in Augusta at 3 p.m. Along the way they saw plenty of nature including a Great Blue Heron.

The next trek, which took place over the weekend of October 11-13, was at Acadia National Park, where three Scouts and two leaders camped out and then hiked the popular Cadillac Mountain – the highest point on the eastern seaboard of the U.S offering breathtaking views of the Atlantic Ocean. The Cadillac Summit Trail brought them to 1,530 feet above sea level during their five-mile hike. “We focus on encouraging the Scouts to have fun,” said leader Michael Fortin. “The advancement falls into place on its own with each activity we do. We want them to gain experience and challenge themselves.”

Troop #603 leader Jon Martin agreed, “I think they really enjoyed testing their abilities and independence.” A larger group of Scouts joined the troop on the Acadia trip in August.

Troop #603, which is open to both boy and girls aged 11-18, meets at the American Legion, on Eastern Avenue, in Augusta, each Thursday evening, at 6:30 p.m.

Zach Corson, of Windsor, coasting in his kayak.

CAMPAIGN 2024: Candidates address issues concerning Maine voters (Part 4)