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No matter how you hear the story, the courthouse caper was a sizzling moment in history. It happened in Ware County, Georgia, where most folks go to visit the Okefenokee Swamp.
Early on, Ware County had only one town, called Waresborough. Naturally, it was the business and government center for the county. If you bought some land, the courthouse in Waresborough would hold your deed. When there was a case involving the law, it would be tried at the Waresborough Courthouse.
Then two railroad lines were built through the county. By 1860, these lines crossed at a spot seven miles east of Waresborough. Businesses sprang up at the crossing of the rail lines. Pretty soon, folks began to move to the railroad crossing, and it became a new little town named Waycross in honor of the rail crossing. Folks who lived in the older town of Waresborough were not very happy about losing business and residents to Waycross. To add salt to the wound, in 1872 there was an election and the citizens of Ware County voted to move their county seat to Waycross. Now the folks who lived in the older town of Waresborough were downright angry. It seemed to them that Waycross had stolen both business and government from Ware County's first town, Waresborough.
Things really began to sizzle on the night of October 12, 1874. That's when the fine new courthouse in Waycross burned to the ground.
Dr. Daniel Lott was one of the men who battled the flames. The young dentist had a lot to lose. He was one of the fellows who created Waycross, and he had built his beautiful home, "Hilltop," near the center of town. In fact, Dr. Lott had built the courthouse as a gift to his new town.
A natural leader, Lott got the townspeople to form lines from the creek to the burning courthouse. Passing buckets from hand to hand, the citizens doused the flames with water. They worked furiously, but it was too late. Once a wooden structure is engulfed in a hot, raging fire, it is nearly impossible to save it. The two-story courthouse collapsed into a pile of smoking rubble.
Closing his weary eyes in the pre-dawn hours after the fire, Lott thought about the courthouse. He had designed the building with room to grow, because he believed in a prosperous future for his new town. He knew that buildings inspire confidence, so he made the Waycross courthouse grand: He ordered stately wooden columns to grace its front. He chose fancy, "gingerbread" carvings to adorn its roof-line.
Oh, he had been proud of that courthouse! Lott groaned in frustration. The building that he had designed to stand for years to come had only lasted through one term of court. The next time the district judge was scheduled to hear cases in Ware County, Waycross would have no courthouse to house the trials.
In the morning, Lott hurried through his breakfast. He was eager to find his friend, Dr. Benjamin Williams, to discuss the fire. Opening the front door of "Hilltop," Lott found a sheet of paper wedged under the wooden threshold. He scanned the words written on the paper, and his muscles tensed. Clutching the paper in his fist, Lott stormed out of his house.
By the time he found Ben Williams, Dr. Daniel Lott was way past getting angry. He was determined to get even!
"The scoundrels!" Lott bellowed, thrusting the paper into his friend's hands. "Look at this, Ben. They don't have the decency to let the smoke settle before they start stirring up the old argument!"
The doctor's eyes darted over the page. "Of all the nerve," Williams muttered through clenched teeth. "To call for the county seat to be moved back to Waresborough. Because they have a courthouse, and we don't!"
"You know what I'm thinking, Ben?" said Lott. "If there was any doubt about the cause of the blaze, this petition clears it up. The boys from Waresborough started that fire! They're still mad about Waycross winning the county seat!"
Williams frowned as he reread the petition. It asked the citizens of Ware County to move their county seat back to its original location in the town of Waresborough. After all, Waresborough's old courthouse was still standing. Why should the county go to the expense of rebuilding a new courthouse in Waycross when there was a perfectly good one in Waresborough?
Williams reckoned how much time had passed since the flap over the county seat. "That election was more than two years ago, Daniel. In May of '72. Should'a been plenty of time to forget hard feelings. Waresborough was the first town in Ware County. But with the railroads and all, times have changed." Williams shook his head, thinking those folks in Waresborough sure knew how to hold a grudge!
"I bet I know who is behind this petition!" Lott stormed. "And who set the torch to our courthouse! Those Spence boys never would let the issue rest."
Williams nodded. "I'll wager the Murrays had a hand in this, too." Ben looked at his friend's blazing eyes. "Daniel, you're not thinking about building another fancy courthouse, are you? It took months to get that courthouse built. Burning it down only took one night."
Suddenly, Lott grinned at his friend. "There's no reason to go to the expense of building a new courthouse, Ben." Daniel licked his lips. "Not when there's a perfectly good courthouse in Waresborough."
Williams stared at his friend. "Surely, you're not going to let them move the county seat back to Waresb...."
The doctor left off mid-sentence. He knew that look in his friend's eyes: Daniel Lott had no intention of giving up. Williams howled, "Daniel Lott! What do you have up your sleeve?"
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A few days later, out in the rural part of Ware County, a farmer named Bartow Thigpen was feelin' mighty pleased. Bartow was hosting a big party at his place tonight, and he was looking forward to welcoming his guests. He was expecting all the well-to-do fellows from Waresborough. And most of the guys from Waycross, too!
Since he was in such a good mood, Bartow had only friendly feelings toward his fellow Ware County citizens. In this happy frame of mind, he decided he had always liked the fellows who had moved out of Waresborough to start the new town in Waycross. No hard feelings, he thought. You can't stop progress.
That dentist, Lott, and the doctor, Benjamin Williams, Captain Cuyler Hilliard, and William Bailey -- them four were pretty sharp fellows. They had talked plenty of folks into moving to the new town of Waycross. Made the place a real business center. That was clever, Bartow thought. You had to give 'em credit. And Waycross was booming. No question about it.
Of course, Thigpen had a different viewpoint about the 1872 election that resulted in moving the county seat out of Waresborough. He called that hitting below the belt. It was one thing to invest in the new town of Waycross. But quite another to rob Waresborough of its historic claim to the county government.
So Thigpen had agreed to let the party take place on his property. Since he lived three miles outside of Waresborough, in rural Ware County, Bartow's house was neutral territory. The boys from Waycross could meet with the fellows from Waresborough. They'd have a few drinks, catch up on old pals. Thigpen wouldn't be surprised if the subject of the courthouse came up in conversation. Friendly-like, they'd all discuss the fire and what a shame it was. They might even come to some agreement. After all, there was a perfectly good courthouse still standing in Waresborough, and Waresborough was the original county seat. Each town should have a piece of the pie: Waycross had the rail crossings; Waresborough should be the county seat.
Thigpen smiled to himself. It kinda tickled him that an historic agreement might happen at the party tonight. On his property. He had always liked that Doc Williams. The man was a gentleman. When Dr. Williams had approached Bartow about having the party at the Thigpen place, Bartow was glad to oblige. And Bartow thought it was right generous of the doc to offer to bring the refreshments.
For his part, Bartow would be sure the town fathers of Waresborough showed up for the party. Wouldn't be hard to convince 'em, Bartow thought. People 'round these parts love a party. Then, with a chuckle, he allowed the Waresborough crowd was in a pretty festive mood! What with the burning of the fancy courthouse at Waycross that had been such an irritating reminder of how Waycross stole the title of county seat in that election....
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Back in Waycross, Lott was watching the sky darken. He was thinking the weather was favoring his plan. Mentally, Lott checked off each item: The boys had been briefed. The supplies were in place. The wagons were ready.
First off, Ben and some of the men would be riding out to Bartow Thigpen's place. Ben already had the party fixings loaded on his wagon. Lott smiled. There were going to be plenty of liquid refreshments at this party. None of the Waresborough fellows would be leaving Bartow's place thirsty!
Lott would join the party later, after he got the boys started. The actual caper would be accomplished by the younger fellows of Waycross -- Lott's sons, John and Warren, and some of their friends.
Dr. Williams hopped onto the wagon seat and grabbed the reins. "I'll see you later, Daniel," he called out. "I'd best be getting started -- got me a party to co-host this evening!" The doctor winked as he made a clucking noise to the horses.
"Enjoy the company of the Waresborough fellows, Ben." Lott grinned. "You may not be welcome at their next party!"
Williams drove the wagon down the dirt road, waving to Lott. Lott waved back until his friend was out of sight. Then he went home to get some supper. Likely to be a long, hot night in Ware County.
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It was after 10 PM when the Waycross boys pulled up in front of the Waresborough courthouse. Daniel Lott was riding horseback next to the large wagon that belonged to the Mock boys. The wagon was perfect for Lott's plan because its bed was unusually wide and did not have sides. Jack and Marion Mock drove the wagon. Will Webb, Willy Green, and Ed Cottingham rode on its flat wooden bed. Lott's sons, John and Warren, were mounted on horses.
While the group was riding out of Waycross, spirits ran high. There was much whooping and merriment about this night's caper. But as they entered the town of Waresborough, the boys' talking and laughter faded. They rode in silence through the darkened town center, amazed at how loud their horses' footsteps sounded in the absence of the usual daytime noises. Lott checked each house for signs of activity. Just as he had expected, the women and children of Waresborough were sound asleep. Chuckling to himself, Lott thought about the influential men of the town. They were wide awake, of course. Wide awake and out of earshot at Bartow Thigpen's party -- three miles up the road!
The group stopped in front of the Waresborough courthouse. Lott and his sons tied the horses to the post in front. The boys unloaded the poles from the back of the wagon. They approached the building on foot. The courthouse was a one-story, wooden building. Built when Ware County had few people and fewer records, the whole courthouse wasn't much bigger than a good-sized bedroom, measuring about 17 feet on each side. Resting on four heavy pine stumps, the building sat a few feet above the ground. Beneath the courthouse was an open space where the town's dogs napped on lazy summer afternoons.
John beckoned to his father. Lott leaned his ear near John's mouth to hear his whisper: "Shouldn't we unload the furniture before we start?"
Lott looked over the small building, mentally weighing it against the strength of the boys. Smiling, he dismissed the idea with a wave of his hand. "Seems like the new Waycross courthouse will be needing some furniture when it opens for business tomorrow morning. Let's leave the furniture inside."
The boys positioned themselves at the front corners of the courthouse. They wedged their poles between the floor of the structure and the stumps on which it sat. Beads of sweat oozed from their foreheads as they pushed on the heavy poles. The poles worked like see-saws on a playground: As the boys applied their weight to one end of a pole, the other end was raised. With poles placed under two corners of the building, the boys were able to raise the front end of the courthouse off its pine stump foundation.
By pushing hard on the poles, the boys raised the courthouse to the height of the wagon bed. Jack Mock eased his big wagon backwards until it slipped under the front end of the courthouse. Slowly, the boys lowered the small building onto the bed of the wagon. Then, pulling the poles loose, they moved to the back end of the building. Again, they wedged their poles under the floor. Pushing on the poles, they raised the back end of the courthouse. While Jack held his horses steady, the boys used their poles to slide the building forward onto the wagon. Finally, the boys pulled out the poles and loaded them onto the wagon, removing all evidence of their deed.
Looking back at the spot the courthouse used to occupy, Lott saw four heavy pine stumps holding up the humid air of south Georgia's night sky. The stumps looked so useless that he nearly laughed aloud. But the caper would not be complete until the courthouse had been moved to its new location. So Lott mounted his horse and led the wagon containing the Ware County courthouse through the center of sleepy Waresborough.
The heavy wagon made its way slowly, with the courthouse jutting out on each side and along the back. Marion Mock walked in front to encourage the horses. The other boys walked on either side, steadying the building with their hands so it wouldn't tip. John and Warren Lott went ahead on horseback to get everything ready at the tracks.
Although Waresborough was an easy ride from Waycross, Lott had decided to use a faster method of transportation for this unusual cargo. So he arranged for the train to meet the group just outside of town. As the wagon drew up, Lott could see young Ran Cason standing on the flatbed car of the train. Using the poles, the boys slid the courthouse onto the train. This was accomplished quickly, since the boys knew how much force they needed to move the building now. They could also call directions aloud to each other, making the task easier.
Two of the boys took the train, laden with the courthouse, to Waycross. The others continued on wagon and horses. The boys would unload the courthouse onto the wagon and take it to the ashes of the burned courthouse in Waycross. There they would set it down, to greet the citizens come morning. A "new" courthouse, complete with walls, floor, and roof would be open for business in the Ware county seat again. And this courthouse came completely furnished!
Lott did not accompany the riders to Waycross. He waved goodbye as the train pulled out.
"Enjoy Bartow's party, Pa," Warren called, waving. "I hope our men will hold their tempers. That Waresborough crowd is bound to be bringing up the business about the courthouse fire and the county seat."
"I expect the good citizens of Waycross will behave politely, son," Lott replied. "After all, we should feel deeply grateful to the leaders of Waresborough."
"Grateful!" yelped Warren. "Why should we be grateful? They burned down our courthouse!"
"They burned down our courthouse; that's true enough, son." Dr. Daniel Lott smiled sweetly. "Nevertheless, we owe them our thanks. If it hadn't been for their petition, Waycross might have lost the county seat."
The boys wrinkled their brows. What was Dr. Lott talking about?
"Remember? Their petition said there was no need to build another courthouse in Ware County. Because there was a perfectly good one in Waresborough. So we took their advice: We are putting their perfectly good courthouse to use in our county seat -- in Waycross."
A grin spread across the boys' faces as Lott's words sunk in. One by one, the boys began to laugh. They kept laughing until tears rolled down their faces.
Dr. Daniel Lott was laughing, too. "When the good citizens of Ware County wake up tomorrow morning," he declared, "they'll see for themselves...Their county government -- in the new town of Waycross -- listens to the advice of all its citizens!"
THE END
The courthouse caper is often told in Georgia's swamp country. Waycross continues to be the seat of Ware County's government, and the main entrance to the Okefenokee Swamp Park is in the town.
Considered one of the four founders of Waycross, Dr. Daniel Lott was a clever businessman with a vision for the town he helped to create. Lott built "Hilltop," the first substantial home in Waycross. In addition to the courthouse, Lott provided funds for the "Academy," a public building where town meetings and church services were held. He built the town's first church, and he helped to establish its first newspaper. Lott operated a lumber yard and a real estate office in the new town ("Lots by Lott" was its slogan). He offered free lots of land to citizens who would erect houses with glass windows; such houses were expensive so people who could afford to build them were desirable residents!
Descendants of Dr. Lott and the other characters mentioned in this tale still live in Ware County. Storytelling is a tradition in South Georgia, and the tale of the courthouse caper is remembered a little differently by each of the families involved. What everyone seems to agree about is that the courthouse caper happened....and it illustrates the colorful and shrewd personalities of the folks who shaped the American South!
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