Smithfield, Virginia - Old Isle of Wight Courthouse

In July of 2007 my family and I visited Smithfield, Virginia in the Isle of Wight. Smithfield is a very old and quaint little town, with lots of antique shops, old homes that have been renovated for the time period, and lots of history to check out.

As we were looking for a place to park we happen to find one right in front of the old courthouse. There is a historical marker there that reads:

Old Isle of Wight Courthouse

Smithfield served as the county seat from 1752 to 1801. The Old Isle of Wight courthouse was built in 1752. Constructed by William Rand, it is one of Virginias few surviving colonial court structures and is notable for having a semicircular apse with a conical roof, reflective of the Colonial Capital in Williamsburg. Converted into a residence in 1812, the courthouse was acquired by the Association for the Preservation of Virginia Antiquities in 1938 and restored to its original appearance. A nearby house was converted into a tavern for the courthouse village by Rand in 1756; it was modified and enlarged over the years and is now known as the Smithfield inn.

We decided to visit the old courthouse first. Upon entering there was a gentleman that was talking to a family about how courts were run in the 1700s. Since we all numbered enough to have a mock trial he asked if we would all be willing, and of course we said "yes!"

He first told us the individuals we would need and what their tittles were. First you needed an accuser and the person that was being accused. Then you needed a sheriff, clerk, jury, and finally the Magistrates, all men; no women were allowed to hold office so us women portrayed some of the men.

As we entered the courthouse there was only 2 rows of benches right in front of us. In front of that there was a table and chair for the clerk; behind the clerk the jury would set and behind the jury is the Magistrates ,the benches for the jury and Magistrates are in a horseshoe shape.

Back in the 1700s the public that was fortune enough to enter the courthouse (all courthouses were small) could not pass the first 2 benches as they entered; they all had to stand!

The person that was the guilty party was held in a building right outside of the courthouse. All court proceedings were held once a month when everyone came to town for business and market.

The sheriff would bring the accused into the courthouse by a side door and that person was not allowed to move from that door. The sheriff stood by the accused at all times incase the accused tried to run. The clerk called the court to order. The clerk in that time period was the authority. He new the laws and was hired for the position. Remember this was when the United Sates was not a Nation yet so the laws were English laws.

The accuser would tell the court what the accused did. In our case she was accused of showing her ankles. Then the accused would speak and state why they did what they did or didn't. All during the trial the jury would set quite and listen. When the time came for the accused to here the sentence, guilty or not guilty, the jury would make that decision. Then the clerk would look in there book of punishments for that crime and let the Magistrates know what all they had to choose from. The Magistrates were the ones to agree on the punishment for the guilty party. It could have been tar and feathers, the stocks, hanging or public whipping. The sentence would be carried out right away; then the next trial would start.

We had fun with this mock trial. It was surprising to fine that some things are the same as today's trials and that some thing are different. For example the clerk, which ran the court, was something like our judges today where they were the ones that new the laws. But there were no lawyers like we have today. There were small rooms off to each side of the courtroom where the jury would go to make their decision whether the party was guilty or not. The group of Magistrates would be the ones to hand out the punishment, not set another date for punishment like today.

A little about Smithfield, Virginia if you decide to visit. It is located in the south Hampton Roads sub region of the Hampton Roads region. It was first colonized in 1634 and is not far from Jamestown. Smithfield was established in 1752 by Arthur Smith IV. It is famous for it's Smithfield hams. We drove by this plant and it is huge! Its founding was on the peanut trade but in 1921 a fire destroyed the peanut warehouses.

If you take a look at the pictures you will see #1 is of an old house that has been renovated, look close at the right front corner! Picture # 2 and 3 are of the sheriff (my son) and the accused by the door that the accused had to stand during the whole trial. In picture #4 and 5 you will see the gentleman that was telling us about court proceedings. The lady (me) that's setting at the little table portrayed the clerk, the girls behind the clerk (the red shirt my daughter) portrayed the jury; then the men (blue shirt my father) behind the jury portrayed the Magistrates.