DRESDEN — A wooden, three-story courthouse where cases were argued and justice meted out in pre-Revolutionary times was used for its original purpose again Wednesday as the Maine Supreme Judicial Court heard oral arguments in two cases on appeal.
As might have happened in the courthouse’s earlier years, the cases concerned a disputed easement that provides ocean access in Cumberland.
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Justice Donald Alexander, one of three of the three supreme court justices who sat at the Pownalborough Court House during the court’s previous visit in 2003, said he was pleased to come back.
“We thought it would be a good thing for the 250th anniversary,” Alexander said, “Remember when they started, the greeting was, ‘God save the king!’ “
The British Union Jack stood in corner of the second-floor courtroom as a reminder of the building’s heritage. An American flag was posted behind Chief Justice Leigh Saufley’s seat.
The justices sat in wooden chairs, flanked by spectators on wooden benches. Attorneys arguing the appeals sat on folding wooden chairs, with water pitchers and glasses placed atop small antique tables in front of them.
The red table, according to Dresden historian Eleanor Everson, was used at church services by the Rev. Jacob Bailey, an Episcopal minister who remained loyal to the Church of England and was forced to flee to Nova Scotia.
Records show Bailey and his family arrived in Halifax in 1779 “in a deplorable condition.”
The courthouse was built in 1761 and held its first court proceeding Sept. 12 of that year.
Like other courthouses of the era, the structure had a tavern on the first floor, the courtroom and judge’s chambers on the second floor and rooms for sleeping on the third floor.
Today, the rooms hold antique spinning wheels, weaving looms, a workshop full of tools and bedroomfurniture.
In the large courtroom, wooden beams were exposed in the ceiling, and wide wooden floorboards showed the paint from earlier years.
Because of fire codes, two brick fireplaces equipped with logs and fire grates — used centuries ago to warm participants — remained cold Wednesday.
So the justices wore warm clothing.
Rep. Leslie T. Fossel, R-Alna, a restoration contractor whose district includes Dresden, said he donned long underwear and gloves without fingertips to stay warm.
His wife, Merry Fossel, is one of a group raising money to reroof the courthouse. Exterior scaffolding reaching above the third floor showed where some restoration work was under way Wednesday.
Peter Brann, the attorney representing Christopher J. McCormick, said that as he drove along the Eastern River to reach the courthouse, he could easily imagine the journey undertaken by the lawyers and the court so many years ago.
“It’s hard not to be overwhelmed or overawed by the surroundings,” said John Bannon, an attorney representing one of the parties in Wednesday’s appeal case.
“It’s an honor to argue a case and think that John Adams was arguing a case here and their allegiance was to the king of England when this place was built,” said Sigmund Schutz, another attorney in Wednesday’s proceeding.
At the outset, Saufley welcomed attendees to the oldest courthouse in Maine, telling them, “Thank you all for your willingness to try a new venue.”
Jay Robbins, president of the Lincoln County Historical Association, offered a brief history of the property before arguments began.
He noted that up to 15 justices of the peace gathered there to license taverns, lay out roads and do other work that today might be done by county commissioners. The court of common pleas, with three or more judges, took on more serious cases, and the Massachusetts Supreme Court conducted at least seven murder trials there; three of them resulting in the defendant being hanged on site.
The courts later moved to Wiscasset.
Saufley referred to John Adams’ visit there in 1765 when he came to argue cases, saying he wrote that he “did not much enjoy his arrival,” but that he enjoyed great legal success.
The property was acquired in 1954 by the Lincoln County Historical Association, which organized a 250th birthday party for it last month.
On Wednesday, the justices remained in the room between cases and kept a routine of limiting the time during which each attorney could argue and rebut various points.
Decisions in appeals heard by the Maine Supreme Judicial Court can come months after oral arguments.
For the past six years, the Maine Supreme Judicial Court has heard oral arguments in appellate cases around the state, generally at high schools and at the invitation of local legislators. The Pownalborough Court House visit was prompted by a letter that went to members of the Maine Bar Association, soliciting donations to help the Lincoln County Historical Association restore the courthouse.
The court will hear appeals in three Kennebec County cases this morning at Richmond High School and hear more appeals on Friday at Lisbon High School.
Betty Adams — 621-5631
badams@centralmaine.com
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