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.