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DYING. SPEECH—EASY DEATH, ETC. - 975


At 20 minutes past 11 o'clock Sheriff Curtiss and Mr.. Cooley led him from his cell to the scaffold, his step being so faltering, and his nerves so unstrung that he almost had to be lifted from his feet while passing along the corridor and ascending the stairs.


Being seated upon a chair on the platform, Sheriff Curtiss read the death warrant to him and asked him if he had anything to say why the sentence of the law should not be put into execution. He then asked how much time he had to speak, and the sheriff told him he could have ten minutes. Then, in a broken and disconnected manner, he spoke as follows:


"I am innocent of the crime for which I am to suffer. I did not intend to do the deed. I here pray that the Lord will forgive all my sins and that he will forgive all my enemies. I now forgive all my enemies, hoping that all will forgive me. I have no enmity against my girl, Chloe Gargett, and I hope the Lord will forgive her. I must now take my leave of my friends and of the world. I have no confession to make of any crime whatever. I have never committed any offence in any country where I have lived. I hope the Lord will take me to heaven. I have always loved Mr. and Mrs. Gargett and did not intend to take their lives. Witnesses swore false against me, but I forgive them. I now forgive all, and hope that the Lord will forgive my soul. [To the sheriff.] Give my love to your wife who has cared for me so well, and to my attorneys and friends."


He then asked Mr. Cooley to pray for him, which he did, after reading a portion of Scripture, in a very impressive manner. Mr. Cooley then took him by the hand and bade him farewell, saying: "Good bye, John; we have met often but shall meet no more here." Sheriff Curtiss and Deputy Sheriff David A. Scott then pinioned his arms and feet and placed him, standing, upon the drop. The prisoner tremblingly continued to utter words of prayer, and cries for mercy, saying:


" 0 Lord God ! save me and deliver me ! 0 God ! I will he with Thee in heaven, and may Jesus Christ pardon me. Bless those that curse me, I will forgive them all and hope to meet them all in heaven, and those that I shot. Give my love to all. I am an innocent man. I never premeditated it. I hope God will take me and all. my friends to heaven—my girl and all. Will not some one pray for me?"


Mr. Cooley then again ascended the platform and offered another fervent prayer that fortitude might be given the doomed man to meet his impending fate, and for his eternal salvation. Sheriff Curtiss then stepped forward with the black cap, which Hunter•begged him not to put on him. Informing him that it was his duty to do so, the sheriff pulled the cap down over his face and shut out forever the light of this world from his mortal vision.


At 18 minutes to 12 o'clock the noose was adjusted about his neck, and at precisely 1u minutes to 12 the trap was sprung, the body falling just seven feet and ten inches, the toes of his boots just clearing the floor of the jail, his last exclamation being; " 0 my Lord, God Almighty ! Give my love to all, both enemies and friends."


In falling, the noose slipped from under the left ear to the left side of the back part of the head, and it was feared that death must result from strangulation, and that his struggles would be severe. With the exception of a slight vibratory motion of the body, however, and, at the second minute after falling, a very slight contraction of the muscles of the legs, there was no struggle whatever, and at exactly eight minutes from the, time the trap


976 - AKRON AND SUMMIT COUNTY.


was sprung, the attending physicians pronounced life extinct and John H. Hunter had, so far as human laws could do it, fully expiated the dreadful crime he had committed.


THE DISPOSITION OF His BODY.—Hunter left a written request that Messrs. Voris, Sanford and Cooley should take charge of his body after his death, and with the following directions: "Let the doctors make a thorough examination of my head, but not, on any condition, cut my body. After this examination the body is to be given in charge to the gentlemen named to be interred with such ceremonies as they may think proper."


Accordingly, on the afternoon of the execution, some eleven or twelve physicians and surgeons of the city and vicinity, assembled in the upper portion of the jail, when an autopsy upon the head of the dead malefactor was performed by Dr. Byron S. Chase. A most thorough and critical examination of the brain was made by all physicians present. It was found to weigh 461/2 ounces, considerably over the average, and in a perfectly sound and healthy condition. No marks of concussion from any external blow could be found, and the general verdict was adverse to any form of insanity whatever. Thus, if the science of anatomy is of any value, it was demonstrated that, however honest his counsel may have been in their most earnest advocacy of that theory of defense, and however firmly the belief in his insanity was entertained by his friends, the verdict of the jury and the the judgment of the court were fully vindicated, and the general verdict of the people, that his punishment was just, emphatically confirmed.


SPIRITED CONTEST FOR THE " CADAVER."—In the late evening of the day of execution, the body of the murderer, dressed in the plain black suit worn upon the gallows, and enclosed in a plain pine coffin, was quietly taken to Glendale cemetery, by Superintendent Wills, accompanied by Rev. L. Cooley, H. C. Sanford, Esq., Sheriff Augustus Curtiss, and deputy sheriffs David A. Scott and Mills Curtiss, and buried in the pottersfield, in the northwest portion of the grounds.


There was no law in Ohio, at that time, for the turning over by the public authorities, of the bodies of criminals or unknown dead, to medical institutions or associations, for scientific purposes, and such subjects as were needed for that purpose, had to be clandestinely procured. There were at least three parties on the alert to secure the body in question—one, a party of medical students from Cleveland, the other two parties being rival physicians resident in the city of Akron. The former becoming satis fled that there was no show for them, early withdrew from the contest. The two Akron teams were captained by Dr. "X" and Dr. "Y" respectively. Hardly had the burial party retired from the grave, and while the superintendent was still engaged in putting out his horse, just over the hill, before the Dr. "Y" crowd commenced digging for the body, but before reaching the coffin the superintendent returned and made them retire. Scott was then detailed to watch the grave, and on his return, after a tem porary absence, found the Dr. " X"crowd busy throwing out the earth, and commanded them to desist, but they utterly refused tc do so, and kept on vigorously at their ghoulish work. Before reaching the coffin, however, the superintendent again appeared upon the ground, rather carelessly firing his revolver into the


THE MURDERER'S BODY SKELETONIZED - 977


surrounding bushes and shrubbery, when the diggers thought it prudent to retreat. This faction then hunted up a couple of the cemetery trustees, who, while they had no legal authority to order the superintendent to deliver over the body, did order him to withdraw his guards from that portion of the grounds. This order the superintendent, good conscientious man, was most seriously disinclined to obey, and while discussing the matter with one of the trustees and one or two of the M. D.'s, the Dr. "Y" crowd quietly slipped in, and laboring with an expedition known only to "resurrectionists," abstracted the body, and without stopping to readjust the grave, retired from the field i. e. potter's field—in triumph, and the well prepared skeleton of the murderer of Robert, and Elizabeth Gargett—John H. Hunter—is now doing duty in the cabinet of a prominent physician and surgeon in the city of Akron.


SUBSEQUENT FAMILY HISTORY.—By a will executed in 1861, Robert Gargett, devised to his wife the use of the home farm during her natural life, and at her decease to his youngest son, Robert Rodney Gargett; all other property, real and personal, to the wife absolutely, to be by her managed and disposed of as she might deem right and just. Mrs. Gargett dying first, the terms of the will, except as to the home farm of 101 acres, willed to Rodney, were inoperative, and the estate was duly administered upon, the balance of the real estate being partitioned to the several heirs, and the farm stock and other personal property sold and the proceeds distributed according to law.


At the public sale, Rodney purchased the larger portion of the farm stock, amounting to several thousand dollars, which, in addition to his own share of his proceeds, necessitated the borrowing of a considerable sum of money, for which mortgages were executed upon his inherited homestead. Instead, however, of settling right down to the steady-going and economical farrn life of his lamented father, young Gargett at once began to "take on airs,"' purchasing a nice team and carriage, supplying himself and wife with gold watches, and other luxuries, and so largely devoted himself to the comforts and pleasures of life, that on the maturity of his paper, for borrowed money, he was unable to meet the payments, and at the January term, 1877, of the Court of Common Pleas of Summit county, a decree of foreclosure of a mortgage given to Robert Whipp was rendered, and the mortgaged property ordered to be sold. The writer was then sheriff, and the property, appraised at $6,060.00, was sold to Mr. Jackson Law, assignee of the mortgage, and plaintiff in the suit for foreclosure, for two-thirds the appraised value, to-wit, $4,040.00, leaving, after satisfying judgment and costs, a surplus of $130.05 only, which was duly paid over by me to the defendant. A' year or two later Mr. Gargett removed to Michigan, where he purchased a small farm,. which, as the writer is informed, he has since conducted with a fair degree of diligence and success, also, according to reports• among his old neighbors in Richfield, having been elected to the responsible position of justice of the peace in the township of his adoption. Miss Chloe Gargett, after the trebly fatal termination of her youthful romance and infatuation—but against whom no suspicion of unchaste intimacy with her vain-braggart lover was. ever entertained by those who knew her—also, after the sad occurrences herein narrated, went to her friends in Michigan, where she


62


978 - AKRON AND SUMMIT COUNTY.


was subsequently married to a highly respectable gentleman by the name of George Halliday, a hardware merchant, but afterwards, by reason of the loss of his entire stock of goods by fire, without insurance, retiring to a farm, where they are reported to be now living in prosperity and happiness.


Thus ends, in brief, one of the most thrilling episodes that ever agitated the public mind of Summit county—and very largely of the two contiguous States of Ohio and Michigan—and one which should forever serve as a warning against the seductive influence, and imminent danger, of indulging in epistolary correspondence with a stranger of the opposite sex, "with a view to matrimony," or otherwise, before having met him or her face to face; an indulgence which in this case, consigned three human beings to premature graves (one in deep disgrace and ignominy), and entailed life-long sorrow upon the surviving principal in the tragedy, and upon the very large circle of her relatives and friends.


CHAPTER XLVII.


SPRINGFIELD-PIONEER MATTERS-ORGANIZATION AND GROWTH-TOPOGRAPHY, RESOURCES, ETC.-INDIAN EXODUS AND SCARE-VILLAGES, HAMLETS, ETC., ABOLITION, "RIOT," FREE SPEECH VINDICATED, ANTIQUATED EGGS, ETC.- EDUCATIONAL, RAILROAD AND MILITARY MATTERS-CRIMINAL STATUS-MURDER OF JOHN RHODENBAUGH, A LONG-TIME RESIDENT OF SPRINGFIELD, NEAR KENT, IN 1865 -TRIAL AND CONVICTION OF MURDERERS, JACK COOPER AND JOEL BEERY-EXECUTION OF COOPER, LIFE SENTENCE OF BEERY-THE ROOF-MUSSON HOMICIDE IN 1866—EXCITING PURSUIT AND CAPTURE OF THE MURDERER - PROMINENT AND WEALTHY CITIZEN IMPLICATED-TRIAL AND ACQUITTAL OF THE LATTER, WHILE FORMER PLEADS GUILTY TO MURDER IN THE SECOND DEGREE-LIFE SENTENCE, PARDON, SUBSEQUENT LIFE, ETC.-SPRINGFIELD'S HONORABLE CIVIL RECORD, ETC.


SPRINGFIELD TOWNSHIP.


THE township of Springfield is located on the south line of the Connecticut Western Reserve, and is the tenth township from the east line of the State, and is consequently designated on the , county records as lot 1, range 10. It was originally, like all of the Reserve, attached to Trumbull county, but became a part of Portage county on its organization, June 8, 1808, which relation was maintained until the new county of Summit was erected, in 1840. The act, erecting Portage county, was passed February 10, 1807, to take effect June 7, 1807 ; but for some reason, now unexplainable, the organization of the new county was postponed one year, as above indicated. Like all of the townships of the Reserve, Springfield was originally five miles square, about half of one square mile having been clipped out of the northwest corner and attached to the township of Middlebury, in March, 1857, and now forming a Portion of the Sixth Ward, of the city of Akron.


EARLY SETTLEMENT.—The township was surveyed by Gen. Simon Perkins, for the Connecticut Land Company, in 180u. It was what was called an " equalizing " township; i. e., certain portions of the territory were assigned to the purchaser of Shalersville, to bring it up to the quality of the average townships of the Reserve. The portions thus assigned were the east half and a strip off the west side, the latter portion being purchased by Henry and Charles Chittenden, from Connecticut, Henry Chittenden being, for many years, a prominent citizen of the township and village of Middlebury, as farmer, contractor, hotel-keeper, etc.


The first settler in the township, is believed to have been Ariel Bradley, the grandfather of the present Mr. James Bradley, of Mogadore, who came to what is now Mahoning county in 1801, to Suffield in 1805, crossing the line, late in 1806, or early in 1807, and settling on lot 12, part of which is now in the village of Mogadore ; Mr. Thomas Hale, grandfather of the present efficient secretary of the Summit County Agricultural Society, Mr. Albert Hale, coming in from Suffield, Connecticut, about the same time.


980 - AKRON AND SUMMIT COUNTY.


About 1807, also, came Reuben Tupper, Nathan Moore, Benjamin Baldwin, John Hall 2d, (father of John J. Hail, Esq., of Akron) and his younger brother, James Hall. The three former were from Connecticut, and the two latter, though of Scotch-Irish descent, came from Pennsylvania; an uncle, Robert Hall, with his family, coming in the same year. Robert also had had a son John, hence the appellation, John Hall 2d. The latter and his brother, James, then being both considerably under age, built a cabin and settled upon a farm about half a mile east of the " Burgh," or so-called center of the town, while the uncle and his family located upon what was for many years afterwards known as the Weaver farm, now owned by Peter Lepper, on the Akron and Mogadore road.


ARIEL BRADLEY, — Springfield's first settler, was born in Salisbury, Connecticut, December 30, 1768 ; common school education ; raised a farmer ; married September 27, 1792, . to Chloe Lane, of Killingworth, Connecticut, born October 22, 1770. In 1800, came to Ohio, via the Southern route, over the Allegheny mountains, being over a month on the journey, arriving. in Canfield, now in Mahoning county, in June; in March, 1806, moved into a cabin on the Kent farm in Suffield, the same Fall buying a quarter section in Range 10, Tract 8, Town 1, Lot 11, on the east line of what is now Springfield township, a portion of which is still occupied by his grandson, Mr. James Bradley, his house, occupied in March, 1807, being the first erected in that township. Mr. and Mrs. Bradley were among the most thrifty and highly respected of the pioneer inhabitants of the Western Reserve. They had eight children—James Lane, born November 25, 1793 ; John Anson, January 3, 1796 ; Phcebe Marille, March 18,1798; Robert Edgar, March 23, 1800 ; Harlow Robert, November 20, 1802 ; Heman Allen, December 15, 1804 ; Ariel Bird, May 4, 1811 ; Amelia Emma, December 1, 1815, the first four born in Connecticut, the last four in Ohio, all of whom, good and honored citizens in life, are now deceased. Mrs. Bradley died in 1848, aged 78 years ; Mr. Bradley, whose portrait. taken at the age of 85, is given herewith, dying. in April 1857, at the age of 89 years.


It will be impossible to give the advent, and trace the individual histories of all the early settlers in Springfield within the limits of this chapter, even if the data for the same was now available. They were of mixed nationality and descent, as the names, in addition to those given, will indicate, among them being Abraham DeHaven, William Foster, Samuel Wood, James McKnight, George Vallandigham, Thomas Metlin, Rev. Thomas Beers, James McCormick, Samuel, John, Jehu and David Ellet, John Crotzer, Peter, Almeron, Lester and Thomas Norton, Patrick and Archie Christy, Robert Clark, George McGrew, Joseph Scott, Jacob Winters, James Wirtz, Samuel Hinston, Joseph D. Baird, Francis Irvin, John and Francis Weston, Timothy Holcomb, Deacon Ewart, etc.; not altogether "Pennsylvania Dutchmen," as stated by a former local historian. George Vallandigham, or "Col."


ORGANIZATION, POPULATION, ETC. - 981


Vallandigham as he was called, was for many years quite a prominent character of the township, and was uncle to to the afterwards notorious Clement L. Vallandigham, (a native of Columbiana county), who, in his younger days was well known to many of the people of the towship as a frequent visitor at the house of his uncle George.


JOHN HALL, 2ND,-born in PennsylVania, February 1'7, 1791 ; education limited ; raised on farm ; in 1807, came to Ohio, settling on an uncleared farm half a mile east of Springfield Center, " 2nd " being added to his name, because of an elder cousin of that name in same neighborhood. In January, 1815, was married to Miss Jane Shields, of Armstrong county, Pennsylvania, who came to Ohio in 1812. They had nine children-Rebecca, born May 14, 1816, married to Robert G. Boyd, of Marion, February 8, 1841, died August 25, 1888 ; Jane Jackson, born February 10, 1818, married to Jacob Thompson, March 18, 1847, now a widow in Akron; Margaret Shields, born December 29, 1819, married to Jacob Ream, November 29, .1838, died October 3, 1854; Eliza, born March 2, 1822, married to John M. Boyd, of Marion, January 1, 1846, now, a widow in Akron ; David, born April 28, 1824, died in ' 1851 ; Mary Boyd, born July 7, 1826, married to Henry Thomas, April 8, 1850, now in Akron ; John J., born July 27, 1828, married to Cynthia A. Jones, April 13, 1854, now a prominent attorney in Akron ; Harriet Newell, born September 16, 1832, now, unmarried, residing in Akron ; Sallie M., born June 11, 1835, married to Matthias Harter, October 16, 1855, now living in Akron. Mr. Hall was a zealous advocate of right and justice-organized the first temperance society in Springfield, while his house was a prominent station on the "Underground Railway," during the dark days of American Slavery. Mr. Hall died, in Marion, March 28, 1876, aged 85 years, 1 month and 11 days, Mrs. Hall dying September 17, 1876, aged 82 years, 5 months and 16 days.


ORGANIZATION, GROWTH, ETC.-In April, 1808, the township of Springfield, in connection with Tallmadge, Suffield and Randolph, was organized. The trustees then elected were, John Goss, of Randolph; Stephen Upson, of Tallmadge; and Benjamin Baldwin, of Springfield. The first justice of the peace for the territory named was Benjamin Baldwin, entering upon his official duties, March 13, 1809. The precise date of the organization of Springfield, as a distinct township, is not now ascertainable.


Settlement was quite rapid, so that by the year 1830, the township must have contained nearly, if not quite, 1,500 inhabitants, the census of 1840 giving the population, including that portion embraced in the village of Middlebury, at 1,663; the census of 1880 giving the total number of inhabitants, exclusive of the territory named, at 2,332, which is a much larger increase for the 40 years, than the average townships of the county, or of the Reserve. The succeeding ten years, however, didn't make quite so good a showing, the census of 1890, placing the population at 1,966, a falling off of 366;


982 - AKRON AND SUMMIT COUNTY.


TOPOGRAPHY, RESOURCES, ETC.—Springfield is what might be termed gently rolling, with no very steep hills or precipitous gullies, though traversed by several considerable streams—the Little Cuyahoga river across its entire northern end, and the Tuscarawas athwart the southwest corner, and several other smaller streams, together with a fine body of water, some three miles in circumference, known as Springfield Lake, at the exact geographical center of the town. This lake, supposed to be supplied from subterranean sources, was not only originally a tributary of the Little Cuyahoga river, but has, for the past fifty years, been a reliable feeder of the race that supplies the Akron mills with water, the mill owners having the legal authority to raise the water six feet above, and lower it four feet below, the normal level. Though in places very deep, with a very soft bottom, the statement of a former writer that it cannot be fathomed is probably without adequate foundation.


ROBERT L. EWART, — born in Springfield, now in Summit county, March 18, 1812, and is the oldest living native, and one of the very first white children born in the township ; educated in the pioneer log, school house, and bred a farmer, which vocation he has always followed. March 10, 1836, Mr. Ewart was married to Miss Mary Ann McKnight, of Springfield, who survived their marriage a year or two, only. June 18, 1839, Mr. Ewart was again married, to Miss Martha Lemmon, of North- field, who died June 6, 1857, leaving three children — Joseph C., now a prominent manufacturer in Akron, whose portrait and biography appear elsewhere ; Jennie A., now Mrs. Jonathan Sprague, of Marysville, Nodaway county, Missouri, and William L., now a successful fruit grower and horticulturist in Springfield, March 4, 1858, Mr. Ewart was again married, to Mrs. E. A. B. McCain, of Suffield, Portage county, who has borne him one son—Francis M., now operating the home farm, in Springfield. Though not a place-seeker, Mr. Ewart has always taken an enlightened interest in public affairs, and given a ready and cheerful support to all of the patriotic, educational and moral enterprises of his native township, and of the county, state and nation.


Besides being, in all respects, a first rate agricultural town-. ship, producing the very finest crops of wheat and other cereals, fruits, horses, cattle, sheep, swine, poultry, etc., the streams alluded

to have furnished, in the past, and yet continue to furnish, a number of most excellent mill sites, which have been of inestimable value to the people, while several coal mines have also been profitably worked within the past twenty-five or thirty years.


But Springfield's most prolific source of industry and wealth, has been, and continues to be, its inexhaustible beds of potters' clay, giving employment to hundreds of men, and producing millions of gallons of fine and common stoneware, annually.


PIONEER PRIVATIONS, INDIANS, ETC.—At the time Springfield first began to be settled, flour and other family supplies were very


INDIANS AND OTHER PIONEER MATTERS - 983


scarce, and procurable only from a great distance, so that the pioneers had to largely depend upon the wild game of the forest and the fish in the streams and lakes for subsistence, until they could raise crops and the various domestic animals of their own for food. And even the right to this wild game was largely disputed for several years by the Indians that still lingered in the neighborhood, though having parted with their title to the lands and streams nearly a quarter of a century before.


Though it does not appear that any very serious difficulties occurred between the two races, the whites, except when in pretty close proximity to each other, had very natural fears for their safety, particularly at night. It is related that because of this feeling, John and James Hall, of more than ordinary courage, the first Summer of their stay in Springfield, used to sleep in their cornfield at night—one watching while the other slept—rather than remain in their cabin. As neighbors accumulated this timidity gradually wore off, and finally ended entirely with the departure of the red-skins to ally themselves with the British Army in the War of 1812.


COL. JOHN C. HART, — born in Cornwall, Connecticut, April 17, 1798 ; at four years of age removed with parents to Genessee county, New York, and in May, 1815, to Middlebury, Ohio ; at 15 enlisted in a cavalry company, at Rochester, and was in the battles at Chippewa and Lundy's Lane and at the burning of Buffalo, in the War of 1812; afterwards raised a regiment of cavalry in and about Middlebury of which he was made colonel ; bred a farmer, with but limited education ; at 21 went South, rafting on Ohio river and working in saw-mill and brick yard near St. Louis ; on return home purchased farm south of Middlebury, which he cleared and successfully cultivated for many years, later largely engaging in buying and selling stock, dealing in real estate, loaning money, etc. February 24, 1831, Col. Hart was married to Miss Margaret A. Sterling, who bore him six children—George W., retired farmer, Cuyahoga Falls, born July 12, 1832 ; John S., farmer, Akron, born November 5, 14.:3 ; Charles S., insurance agent, Akron, born December 23,1835 ; Esther Elizabeth, born February 13, 1838, died March 15, 1841 ; Hiram Johnson, born May 5, 1840, died September 11, 1869, from disease contracted in army as member of 19th O. V. I.; and Frances Augusta, now Mrs. Clinton Ruckel, of Portage township. Mrs. Hart dying May 17, 1869, Mr. H. was again married, to Mrs. Mary Sterling, December 25, 1870, who still survives, Mr. Hart dying August 20, 1880, aged 82 years, 4 months and 3 days.


One incident, connected with the exodus, is worth relating here. From the mysterious movements of the Greentown Indians, preparatory to leaving, in June, 1812, it was believed that they were about to raid the white settlements, and massacre the inhabitants. The alarm spread from township to township, and from settlement to settlement, and immediate steps were taken to place the women and children beyond danger, and prepare for defense.


984 - AKRON AND SUMMIT COUNTY.


Springfield's place of refuge was a block-house, standing on the farm of James McKnight, father of Francis McKnight, still at the age of 88 years, living hale and hearty upon the same farm in the middle eastern portion of the township. But instead of making the expected attack, the Indians, like the proverbial Abrab “quietly folded their tents and silently stole away," thenceforth, so

far as Springfield and contiguous townships were concerned, leaving the people in security and peace. But after the scare was over, it was all discovered that Mrs. Henry Chittenden, living on what is now the Brittain farm, was, with three young children, entirely overlooked, her husband having gone back to Connecticut to bring brick his father and mother to his new home. Mr. and Mrs. Chittenden were the parents of Mrs. Dr. E. W. Howard, of Akron, the three little ones, thus imperilled with their mother, having all died before Mrs. Howard was born.


JOSEPH MOORE,—son of John and Nancy (Goff) Moore, was born in Lake township, Stark county, December 6, 1815; educated in district schools, and raised on farm ; July 3, 1832, moved with father's family to Springfield, teaching school, near Greentown, during the winter of 1832, '33 ; followed farming in Springfield until 1868, when he removed to Akron, still superintending- his farm, conducted by a tenant, for several years. Mr. Moore was for several years a director of Summit County Agricultural Society ; has been the Second Ward assessor of personal property eleven years, and city school enumerator seven years. In 1887, he was elected a director of the County Infirmary, discharging the duties of that important office, with such fidelity, that he was re-elected in 1890, for another term of three years, being now president of the board ; January 4, 1837, Mr. Moore was married to Miss Sarah Fulkerson, of Springfield, born in that township, November 30, 1818. They are the parents of four children —John F. Moore, now a farmer in Copley ; James G. Moore, of Akron ; Amanda V., now Mrs. Samuel Steese, of Akron ; and Milton W. Moore, of Oregon.


SINGULAR FAMILY COINCIDENCE.—The first death in the township is said to have been that of Robert Hall, who died from the rupture of a blood vessel, in 1808; the first birth was that of a daughter (Jane Hall) to Mrs. Hall, after the death of her husband, in 1809, and the first marriage in the township, that of John Hall, son of Robert, to Miss Margaret Blair, in 1810.


VILLAGES, HAMLETS, ETC.— Besides that portion of the northwest corner, so long part and parcel of the ancient village and township of Middlebury, and now attached to the city of Akron,

Springfield's only other considerable business point is Mogadore It is located near the northeast corner, and is on the line between Summit and Portage counties. The writer has no special data a to when or by whom the village was first laid out, but from his knowledge of it, with its hotel, stores, mills, churches, etc., for more


SPRINGFIELD'S BUSINESS CENTERS - 985


than half a century, it must have had an existence of over sixty years. The preponderance of population and business, with churches, potteries, postoffice, etc., being upon the west side of the line, it may properly be regarded as a Springfield village.


The name, Mogadore, is said to have been given to the village by James Robinson, an Irishman, a general mechanical genius of the time, who, on completing the chimney of a large two-story house (still standing) for Mr. Martin Kent, uncle of Mr. George F. Kent, now of the Sixth Ward, Akron, and who had probably read in " Riley's Narrative," or " Mungo Park's Travels," of the town of that name in Africa, with a swing of his hat, exclaimed, " Hurrah for Mogadore !" and Mogadore it has been ever since, though there was an effort made many years ago, to change it to Springville.


Manufacturing, as it does, hundreds of thousands of gallons of stoneware, and millions of smoking pipes, annually, its greatest drawback has been the necessity of hauling it, by wagon, to Akron, for shipment. That inconvenience is now largely obviated by the completion of the Connotton Valley (now the Cleveland & Canton) railway, upon its eastern border, with a fair prospect of direct railroad connection with Akron, at an early day.


KING J. ELLET,—son of John and Elizabeth Ellet, natives of Maryland, was born in Springfield township, December 27, 1831, his parents settling there in 1810 ; raised a farmer, and educated in township district schools ; March 16, 1854, Mr. Ellet was married to Miss Lucinda E. Norton, daughter of Lester Norton, who emigrated from the State of New York to Springfield, in 1808. Mr. and Mrs. Filet are the parents of three children—Mattie, wife of Mr. Milo White, of Springfield ; Cora J., wife of Mr. Frank Weston, of Springfield, and Fred. K. Ellet, still at home. Though a stanch Republican, and living in a strong Democratic township, Mr. Filet has been honored with many local offices ; was elected county commissioner of Summit county, in 1883, and re-elected in 1886, holding the position two full terms of three years each, and without disparagement to others, it may be truthfully asserted, that Summit county never had a more energetic and painstaking officer on its board of county commissioners than King J. Ellet. After his retirement from the board, in 1889, Mr. Ellet was, in March, 1890, appointed by the constituted authorities, a trustee of the Summit County Children's Home, which position he

is now ably and humanely filling.


THE "BURGH," as it was universally called, or North Springfield, according to the name of its postoffice, is a small hamlet, one mile north of the geographical center, which, as before stated, is covered by the lake. Here is located Springfield's original church edifice (Presbyterian) built about u5 years ago. Some 50 years ago he Methodists also built quite a large frame church at this point, on land donated by David Ellet, himself a rigid Presbyterian, but about .30 years ago the building was moved a mile and a half to the westward' and converted into a glue factory. The Burgh has


986 - AKRON AND SUMMIT COUNTY.


also, at different times, maintained a hotel, a store, blacksmith shop and several potteries, but at the present time but little business is transacted there, aside from its postal and official necessities, the town house being located here, which is the only voting

place in the township.


HON. THOMAS WRIGHT,—son of Thomas and Lucy Wright ; born in Tompkins county, New York, February 22, 1830 ; moved with parents to Springfield, Summit county, Ohio, in Spring of 1836; common school education; at 20 taught school in Coventry, two terms ; has since followed the occupation of a farmer ; in 1864, served 100 days in defense of the National capital, as a member of Company H, 164th Regiment, 0. N. G.; is a member of Buckley Post, G. A. R., and a member of the State Grange, Patrons of Husbandry ; has been a member of the Pleasant Valley M. E. Church about forty years, and the superintendent of its Sunday School for many years. A zealous Republican, from the organization of the party, in November, 1889, as the colleague of Hon. Henry C. Sanford, of Akron, was elected Representative to the 69th General Assembly, for two years ; October 5, 1852, was married to Miss Elizabeth Henderson, daughter of James and Jane Henderson, pioneers of Springfield township, who has borne him six children, three only of whom are now living—James F., now at home ; Lucy Jane, now Mrs. H. S. McChesney, of Springfield, and Edwin S., of Springfield.


MILLHEIM, is a small hamlet in the south part of the township, having a grist mill, blacksmith shop, church and school house with quite a cluster of contiguous private residences.


THOMASTOWN, is a considerable village on the line between Springfield and Coventry, two miles south of Akron—composed largely of coal miners, mostly Welsh, who have for several years worked the coal mines of that vicinity—with church, school house, store, postoffice, etc.


BRITTAIN (formerly for many years known as "White Grocery"), one mile east of the city limits, on the Mogadore road, has had a hotel or two, store, postoffice, school house, wagon shop, blacksmith shop, clay-mill, etc., with private residences to correspond.


AN ABOLITION "RIOT."—Although there was not, perhaps, a single negro within her borders, in common with a large proportion of the inhabitants of all the border States, many of the people

of Springfield, in the early days, were remarkably sensitive in regard to the question of the abolition of slavery, then beginning to agitate the public mind. Yet among her population were quite a number of earnest and fearless anti-slavery men, one of the most notable among them being John Hall 2nd, (father of Summit county's well-known Democratic lawyer, John J. Hall, Esq.,) whose house was for many years the well-patronized station upon the " Underground Railroad," over which many fugitives from bond- age were safely conducted to the land of freedom—Canada,—the


PRO—SLAVERY AND PRO—WHISKY RIOTS - 987


late Solomon Purdy, and his three stalwart sons, Fitch, Guerdon and Henry, being also earnest and outspoken opponents of the accursed institution.


Late in the Winter of 1837, '38, Rev. Thomas Graham, of the Methodist Episcopal church, being upon that circuit, gave notice that on a given evening he would deliver an anti-slavery lecture in the Methodist meeting-house at the center of Springfield. This announcement paused great excitement in the neighborhood, quite a number of Mr. Graham's own church-members declaring, with others, that no such meeting should be held in the church.


STORMING THE. CITADEL.—Consequently, when the people began to assemble, at the time appointed, it was found that the enemy had by some means gained access to the house and barricaded the door. At that time the late Fitch Purdy—though in the later years of his life a very free-thinker and talker—was not only an abolitionist, as he ever afterwards remained, but a Methodist of the strictest sect, and one of the trustees of the church in question. Armed with the key, Fitch sought to gain access to the house, but finding his entrance barred, and no attention paid to his command to those inside to open the door, Fitch and his backers, using a heavy piece of scantling as a battering ram, broke in the door, and after a short but sharp and decisive scrimmage, succeeded in ousting the intruders. Though the house and the people were pelted with snowballs, and ether missiles, and though a hideous din was kept up during the evening, the lecture was given and listened to-by a fair-sized congregation.


FREE SPEECH VINDICATED.—The next day the routed barricaders employed attorneys—the late David K. Cartter, for 20 years, until his recent death, Chief Justice of the District of Columbia, then practicing law in Akron, and Seneca L. Hand, Esq., of Middlebury—and procured warrants to be issued by Justice Andrew Harris, of Springfield, against Fitch, Guerdon and Henry Purdy, and Ralph Russell (and perhaps others), charging them with riot.


'Squire Harris calling to his assistance Justices Harvey H. ohnson, of Akron, and Elijah Mason, of Middlebury, the trial was held at the office of the latter, in Middlebury, the late Judge William M. Dodge, defending. The trial lasted a full day, eliciting as-much interest and creating as much excitement as a first-class murder trial would do in these latter days. Though Cartter was at his happiest, in his well-known powers of vituperative denunciation, and though duly supported by his colleague, Hand, the quiet conduct of the defense, by Dodge, prevailed, and at a late hour of the evening the learned justices very properly decided that there was "no cause for action —the defendants having both the key to the door and the authority to open the house, finding themselves barred out by unauthorized parties, having an undoubted right to use the means they did to gain entrance to the building.


AN ODORIFEROUS AFFAIR.—Apropos of the foregoing demonstration against free speech, temperance, as well as abolitionism, met with vigorous opposition in many places about those days. It was in the early forties, white the Washingtonian excitement was on that the late Colonel Reuben McMillen, of Middlebury (father-in-law of Mr. David E. Hill), a fluent and effective speaker, consented to talk on temperance, on a given evening, at a school house in or near Millheim. The weather was warm sand the windows being


988 - AKRON AND SUMMIT COUNTY.


raised for ventilation, the outsiders, almost if not quite out numbering the insiders, kept up an incessant din, to which the speaker paid no heed, though at times his stentorian voice was nearly inaudible to his hearers. At length an addled egg was hurled with great force through one of the windows, which, passing within a few inches of the speaker's head, discharged its odorsferous contents against the opposite wall. Pausing a moment, the Colonel turned to the secretary of the Society and inquired: “Mr. Secretary, how many eggs did they throw?" "Only one, I believe," replied the secretary. "My stars !" exclaimed the Col. "Is it possible that one small egg can stink like that!” And resumed his discourse as though nothing had happened. There perhaps a few other slight attemps to interrupt anti-slavery and anti-whisky meetings, but for the past 40 years Springfield has been as orderly, and as tolerant of free speech, as any other community in the State of Ohio, or elsewhere.


Speaking of whisky, long before the temperance question began to be agitated in Ohio, on the occasion of raising the frame of a distillery, at Mogadore, in which considerable difficulty had occurred, by reason of improper framing, Mr. Lee Moore, who had mounted to the plate for the purpose of throwing the bottle, after its contents had been absorbed by the crowd, as was the custom of the time, prefaced his exploit by the following poetic, but extremely appropriate, sentiment:


"This is a very bad frame,

And deserves a very bad name,

So we'll call it the ' Curse of the Nation !' "


EDUCATIONAL MATTERS.—Springfield is well supplied with first-class district school houses, and has ever been fully abreast of the times in her educational facilities, the village of Mogaddore, especially, being provided with graded schools, the township having furnished two members of the Board of School Examiners of Summit county, Messrs. David Ellett and Professor Frederick Schnee, the latter being the present able superintendent of schools at Cuyahoga Falls.


RAILROAD FACILITIES.—Until within a few years, Springfield has been entirely beyond the pale of railroad accommodations, nearer than Akron, except a short line of private road from Middlebury to one of the coal mines of the township. Now, however the Valley Railway traverses its entire length, through the western portion, with Krumroy station and postoffice about midway, while, its eastern portion is skirted by the Cleveland & Canton, with a station at Mogadore, thus giving the people better facilities for travel and shipment of their wares and agricultural products than ever before enjoyed.


SPRINGFIELD IN WAR.—There were undoubtedly a number of Revolutionary heroes among Springfield's early inhabitants, but unfortunately no correct roster is now available. Ariel Bradley elsewhere named as the first settler in the township, though then a mere lad of 11 years, is said to have rendered General Washington valuable service, on the eve of the battle of White Plain. in October, 1776. The story goes that, mounted upon an old horse with a small grist of corn or grain, he boldly entered the British lines, as if going to mill. Being arrested, as it was supposed he


SPRINGFIELD'S MILITARY PROWESS - 989


would be, and taken to headquarters, young Bradley, on being questioned played the green country bumpkin so effectually, that he was finally permitted to depart, carrying with ;him, under his brimless hat and tangled hair, such valuable information as to the number and disposition of the British troops, as to secure to the patriot army the splendid victory which they won in that engagement. Mr. John Weston, grandfather of Mr. Solomon N. Weston, and Mr. Samuel Ellet, grandfather of Ex-County Commissioner King J. Ellet, are also remembered as Revolutionary soldiers.


In the War of 1812, Springfield, though not as yet very extensively settled, took quite an active part, a number of her volunteer soldiers being among the brave and patriotic troops so ignominiously surrendered by General Hull, at Detroit, August 1u,1812, the name of Aaron Weston now only being remembered. In the draft following that surrender, however, Springfield furnished ten men, as follows: Joseph D. Baird (afterwards for many years a justice of the peace), John Hall (son of Robert),Timothy Holcomb, James Baird, Alexander Hall, Lee Moore, Nathaniel D. Hoover, James Martin, James L. Bradley and Martin Willis, the latter going as a substitute, but for whom is not now ascertainable, the widow of Mr. Bradley, a sister of Mr. J. S. Monroe, of Mogadore, in 1887 living in Missouri, in the 80th year of her age, and then drawing a pension from the government on account of her husband's services.


Though it is not known that any of these men participated in any severe battles, they all rendered good service on the frontier, one-half only living to return home: John Hall dying in Huron county, Alexander Hall at Camp Huron, James Baird at La Grange, Indiana, and Martin Willis on the way home, at Tinker's Creek.- James G. Smith, buried in Greenwood Cemetery at Mogadore, was also a soldier in the war, abut whether a resident of Springfield at the time, the writer is not advised.


It is also related that a portion of Hull's surrendered army, under Colonels Cass and McArthur, en route to Pittsburg, encamped near the present site of Gilcrest's mill, on the little Cuyahoga, the old Revolutioner, Mr. Samuel Ellet, permitting the worn and tired soldiers to luxuriate on the roasting ears of a fine field of corn which he had growing near by.


Afterwards, in the Summer of 1813, the battalion of the youthful but gallant Major Croghan, which, numbering but 150 men, won such a splendid victory over the veteran General Proctor, with 500 British regulars and about the same number of Indians, at Fort Stephenson, Lower Sandusky, camped upon the same grounds, while en route from Pittsburg to Sandusky.


In the Mexican War, 184u-48, Springfield was represented, but to what extent cannot now be ascertained, but the writer is informed by Mr. King J. Ellett that Isaac Krytzer paid a bounty of $100 to his own son (given name not now remembered) to enlist under that call for troops, young Krytzer dying from disease at New Orleans while en route to Mexico, while Mr. George Dresher, who died at nearly 75, February u,1890, though not then a resident of Springfield, was a soldier in that war.


SPRINGFIELD'S ROLL OF HONOR.


In the War of the Rebellion, the fact that many of the earlier volunteers enlisted in other towns than those in which they


990 - AKRON AND SUMMIT COUNTY.


resided, and the absence of authentic local records, makes it impossible to do justice to many of the most loyal and patriotic localities of the county. From the recollection of several of her citizens, and from the returns of the assessors for the years 1863, '64, '65, the following list has been compiled, which it is believed presents a substantially accurate roster of Springfield's volunteer soldiery during that bloody struggle.


A. P. Atchison, Charles F. Atchison, Henry Anderson (died in service), Thomas Alexander (died in service), Newton J. Atwood, 0. E. Andrews, J. S. Alexander, William Alexander, John. B. Acker, F. J. Baird, Solomon Babb, Jacob Boone (died in service), Dan' Bitterman (killed in battle), William Bowers, Sylvanus Batty, G. Brittain, Elias Bickel, George Bowers, John Braggenton, C. S Breckenridge, William Bender, Daniel W. Cold, W. A. Chamberlin W. F. Chamberlin, Thomas Chamberlin, John W. Chamberlin, R. S. Chamberlin, Dudley C. Carr, Uri as Cramer, Samuel F. Colvin, Benjamin Clay, W. H. Clement, James Clark, Ora Clapp, Robe Cochran, Almer Colvin, W. W. Coale, Byron Derthick, John W. Douglas, Joseph C. Ewart, John W. Ewart, R. L. Ewart, John Ewell (died in service), G. Ellis, G. W. Eatinger, G. Emmerling, W.

C. Finney, William Finkle, Robert Fisher, John Fries, D. French, Andrew J. Fulkerson, Adam Gross, Solomon Gross, Benjamin Goss, Levi Gidmeyer (died in service), Thomas Green, Abraham. Glick, James Gordon, George Himebaugh, William N. Himebaugh, Amos Homer, John H. Hill (killed in battle), Hiram C. Hill (killed in battle), R. W. Hall, E. B. Hubbard, Ezra Harris, Milton B. Henderson, Frank Henderson, H. A. Henderson, George W. Hile, J. S. Hall, L. E. Hall, Warren R. Hall (died in the service), Albert Hall. Luther Hall, George W. Hart, Matthias Hawk, Morris R. Hughes, Cyrus W. Harris, A, J. Hoffman, Moses Immel, Ira F. Krytser, Frederick Lutz, Robert Lutz (died in service), Samuel Lutz (died in service), Andrew Longnecker, Allen Limber, James E. Leach, Zachariah Lee, William Leach, John Mumaw (died in service), Tallis C. McCain (died in service), J. McCormick, J. McCormick, Cowan McCormick, Isaac Madlem, John Madlem, J. McCormick, Michael Myers, Henry Mellinger, William Mellinger, Charles Mellinger, Samuel Mantel, William Mapins, George Markle, John McChesney, John McNeal, William Moore, William D. Myers, Samuel C. Marsh, John J. Marsh, William Miller, Horace Norman, Samuel Neeper, Robert Posten (drowned Franklin Putt, John Putt, Franklin Powell, Hubert Peck, Daniel Palmer, J. C. Price, David R. Rothrick, W. H. Rothrick, Raber (killed in battle), C. H. Russell, Charles Rolph, Charles Rhodenbaugh, Jacob Replogle, John Randall, Milton Ritter, Bert Rolph, George Spitler, John Shaffer, Jacob Sausaman, G. W. Solomon, H. F. Solomon, Jacob Sax, Charles A. Smith, J. G. Stinhour, Solomon Strecker, John Stevens (died in service), Daniel Stetler (died in service), W. A. Sypher, Cyrus W. Spade, B, Strohecker, Charles Steese, Edward E. Skinner, Royal S. Stout, Philander H. Stout, Weston Salmon, Jr., J. H. Spade, Nathan Spade, William J. Schrop, J. M. Schrop, William Steese, John Smith, Joseph C. Tousley, Joel F. Tousley, Andrew Tousley (killed in battle), Albert M. Tousley, James A. Thompson, Thomas L. Thompson, Duncan Thompson, Robert Thompson, Martin Tod, J. A.Tritt, Philip Ulm, Ozro Vanorman, Henry Winkleman, John


SPRINGFIELD'S CRIMINAL RECORD - 991


Winkleman, Hugh M. White (killed in battle), Joseph Wagner, William Wooley, Harrison Wise, Wilson S. Roof, J. W. Wise, Watson Wise, Thomas Wright, Jr., Solomon S. Weston, George J. Young, Philip Young, B. F. Yerick, G. W. Zelinger.


CRIMINAL STATUS.


Springfield has not been very prolific of startling crimes though one or two of a homicidal nature, in which her .citizens have been involved will have to be herein recorded. It is not the design of this work to reproduce all the petty offenses and peccadilloes, of which the people of the several townships, either through excessive passion, excessive drink or excessive depravity, have been guilty, but, in addition to certain salient historical points, group together, in a concise and permanent form, the more startling events of the half century written, of, that may have occurred in any given locality.


THE MURDER OF JOHN RHODENBAUGH. — Though not at the time a citizen of Summit County, the murder of Mr. John Rhodenbaugh, in Portage County, in 18u5, and its attendant circumstances, is entitled to a place in this work, from the fact of his long residence in this county, and of the large number of his relatives still living among us. Mr. Rhodenbaugh was born in Westmoreland county, Pennsylvania, in 1809, and removed with his parents, Mr. and Mrs. Peter Rhodenbaugh, to Springfield township,.now in Summit county, in 181u. He was reared to the occupation of a farmer, but in later life largely followed the busiless of auctioneer, mostly at country sales of farm stock, etc. He was married in 1832, to Laura Purdy, daughter of the late Solomon Purdy, of Springfield, and sister of ex-Mayor Henry Purdy, of Akron. In 1853 Mr. Rhodenbaugh removed to Portage county, locating upon a farm in the eastern portion of the township of Franklin, between Kent and Ravenna.


CAUSES LEADING TO THE MURDER.—Mr. Rhodenbaugh, though six feet or more in height, broad shouldered and extremely muscular, was very active in his bodily movements, and in his younger manhood, and during his residence in Springfield, was considered the Champion athlete of Summit county. He was of a lively turn of mind, and of extremely convivial habits, sometimes drinking to excess, on which occasions he was boastful of his wealth, lavish in his expenditures and reckless in the display of whatever sums of money he might happen to have about him. On the afternoon of October 24, 1865, Mr. Rhodenbaugh visited Kent, where he spent most of the afternoon in the various drinking places of the village, drinking and playing cards, billiards, etc. Among his associates, during the afternoon, were Joel Beery, a resident of Portage county, and a transient bummer and bruiser, calling himself Jack Cooper, but whose real name was afterwards found to be Samuel Wittum, a native of Erie county, Pennsylvania.


GOING TO His DEATH.—Leaving Kelso's billiard and drinking saloon, after taking a parting drink with Beery and Cooper, he soon afterwards, about 7 o'clock in the evening, started for his home, in an open one-horse wagon. On reaching a point between Lakes Brady and Pippin, where the wagon road runs parallel with


992 - AKRON AND SUMMIT COUNTY.


the Cleveland & Pittsburg railroad, within about a mile of his own home, and within sight of the farm house of Mr. Joseph Heighton. Mr. Rhodenbaugh was intercepted and assaulted, being dealt two heavy blows upon the head with a club, which was afterward found to have been cut near the spot where the deadly assault was made. The death of Mr. Rhodenbaugh is supposed to have been instantaneous, as no evidences of a struggle were apparent when his body was found, as it was soon afterwards by Mr. George Dewey, a resident of the neighborhood. The person of the murdered man had been robbed of his watch and all the money he had with him, supposed to have been about $200.00.


ARREST OF THE MURDERERS.—Suspicion was at once directed to Cooper and Beery as the probable murderers, from the fact that they had been almost, if not quite, the last persons seen with him the night before, and the further fact that they had not been seen in their accustomed haunts about the village after Rhodenbaugh left. Accordingly a vigorous search after the suspected men was at once instituted, resulting in their arrest, near Ravenna, by officers R. W. Buck and S. L. Jennings, about 9 o'clock the next morning. A coroner's inquest was held by Justice Rockwell, and verdict rendered in accordance with the facts, implicating the two men in question, who, on being examined before Justice Coolman, October 28, were committed to jail to answer to the crime of murder.


INDICTMENTS, TRIALS, ETC.—At the January term, 1866, of the Court of Common Pleas for Portage county, the Grand Jury found indictments against both of the accused, charging them with the crime of willful and premeditated murder. They were arraigned on the 1st day of February and both entered a plea of not guilty, and being without means to employ counsel, E. B. Taylor, J. D. Horton and P. B. Conant, Esqs., were appointed by the Court to defend the prisoners, Alphonso Hart, Esq., also being assigned by the Court to assist Prosecuting Attorney H. H. Willard, to conduct the case on the part of the State.


Separate trials having been granted the prisoners, the trial of Jack Cooper commenced on the 5th day of February, 1866, before Judge Charles E. Glidden. The jury being duly sworn, Prosecutor Willard made an elaborate statement of the circumstances attending the murder, and of the facts which he expected to prove, while Mr. E. B. Taylor, on behalf of the defendant, made a general denial of the alleged crime, meeting all the charges contained in the indictment with the simple plea of "not guilty." Thirty-six witnesses were examined and for three days the trial continued with unflagging interest, the court room being densely crowded throughout by citizens of both Portage and Summit counties. The pleas were all earnest and eloquent, and the charge of Judge Glidden, clear, forcible and remarkably fair and impartial. The case was given to the jury in the evening of February 7, 18u6, who, at about midnight, returned into court with their verdict, finding Cooper guilty of murder in the first degree.


On the next day, February 8, 18uu, Joel Beery was put upon his trial for aiding and abetting Cooper in the murder of Rhodenbaugh, before the same Judge, but a newly selected jury.


The case, on behalf of the State, was opened by Alphonso Hart, Esq., anti the theory of the defense was ably and fully presented


A SURPRISE VERDICT—SENTENCES, ETC. - 993


by Ezra B. Taylor, Esq. This trial also lasted three days, attracting a large attendance and the most intense interest, between forty and fifty witnesses, in all, being sworn and examined, the prisoner, during the trial, being attended by his aged mother, and his brother, Mr. H. L. Beery. The case was given to the jury at half past 12 o'clock, on Saturday afternoon, February 10, 18uu. For more than twelve hours the jury worked faithfully upon the case, a few minutes past 1 o'clock on Sunday morning, announcing their verdict, finding Beery guilty of murder in the second degree.


To say that this verdict was received with great surprise, by the great majority of the people of both Portage and Summit counties, would be stating it far too mildly; for it was followed with almost universal denunciation and indignation; the public belief being that Beery was equally guilty with Cooper, and that the extreme penalty of the law should be meted out to both alike.


PRONOUNCING THE SENTENCES.—On Monday morning, February 12, 1866, the prisoners were brought before Judge Glidden, for sentence, Beery appearing first. On being asked the usual question as to whether he had anything to say why the sentence of the law should not be pronounced against him, for the crime of which he had been convicted, he replied that he had not, and thereupon Judge Glidden sentenced him to hard labor in the penitentiary for life.


On Cooper's appearance in Court, his counsel made a motion for a new trial which was promptly overruled by the Court. Judge Glidden then commanded Cooper to stand up, and after a brief reference to the charge, and the finding of the jury, asked him if he had anything to say why the sentence of the law should not be pronounced against him for the crime of murder, whereupon Cooper in substance, said, that while he had little to say in regard to his innocence, he hardly felt that he had been fairly dealt with, or he would not have been convicted of murder in the first degree. He said he had not much education, and could not speak very well,. but he did not think that on the evidence•against him he ought to be hung, while on substantially the same evidence his companion was let off with a lighter penalty. At the conclusion of Cooper's remarks, Judge Glidden reviewed the history of the case and the testimony, in a masterly and exhaustive manner, expressing the conviction that, from the nature of the evidence, and all the attendant circumstances, so far as the prisoner, then before him, was concerned, the verdict of the jury was just and proper, and closing in the usual form, by sentencing the prisoner to be hanged by the neck until dead, on the uth day of April, 18u6.


DESPERATE ATTEMPT TO ESCAPE FROM JAIL.—After his conviction, Cooper stated his true name to be Samuel Wittum, a native of Pennsylvania, though his parents had previously lived in both Ohio and Indiana. Left an orphan at the age of six years, he lived for a time with a farmer, by whom he was so harshly treated that he soon left him, and began life on his own account, as a driver upon the Beaver and Erie canal, and from that time forward leading a wandering and dissolute life, as gambler, counterfeiter, horse thief, murderer, etc., having, as it was alleged, served a considerable term in the Missouri penitentiary, before committing the fatal crime that was to end his career. He stated that he had been twice married and that he had a sister still living


63


994 - AKRON AND SUMMIT COUNTY.


in the East, and as the day of execution drew near he was respited by Governor Jacob D. Cox, from April uth till April 27th, to give this sister an opportunity to visit him. Though pretending to be thoroughly penitent and reconciled to his doom, the prisoner made several attempts to break jail, the last, a short time before the day fixed for his execution, by the Governor's respite, being of the most desperate and brutal character in this wise: Having wrenched a small bar of iron from one of the cell doors, he fiercely assaulted Sheriff Jennings, on his entering the jail. Though Cooper called upon the other prisoners confined in the jail at the time, to aid him in his desperate undertaking, to their credit they refused to do so, and the Sheriff hung to him until an alarm had been sounded upon the outside, and sufficient assistance secured to prevent the accomplishment of his bold and desperate design. But even then his insubordination continued, for when Sheriff Jennings sought to place him in irons, to prevent a repetition of his savage effort, he retreated to his cell, cursing and swearing like a pirate, and brandishing a knife, which he had in some manner possessed himself of, swore he would kill the first man that attempted to enter the cell door. One of the physicians of the village was called in, who, by means of a small syringe, reduced him to insensibility with chloroform, and while thus unconscious he was securely ironed, both hand and foot, and kept in that condition until the day of the execution.


COOPER FINALLY EXECUTED.—On April 27, 186u, the day to which he had been respited by Governor Cox, Jack Cooper, alias Samuel Wittum, was successfully executed by Sheriff Jennin and his assistants, on the Summit county gallows, upon which Parks and Dr. Hughes, at Cleveland, had previously been hanged, and on which Hunter was subsequently hung by Sheriff Curtiss in this county, the prisoner making a long, rambling speech from the gallows, which cannot be repeated here.


In accordance with the sentence Beery was taken to the penitentiary on the 15th day of February, 18uu, where he served the State faithfully for 13 years, 4 months and 19 days, dying in prison July 4, 1870.


THE ROOF-MUSSON HOMICIDE.—In the pleasant village of Mogadore, there lived, in 18uu, upon the Suffield side of the line, a short distance south of the center, the family of Mr. William A. Musson, a wagon maker by trade, whose shop stands a few rods north of the center, upon the Springfield side of the line. Mrs. Harriet Musson, the wife of William A. Musson, was a sister of Hon. John R. and Mr. William Buchtel, of Akron, Mr. and Mrs. Musson being held in the very highest regard by all their neighbors and acquaintances.


In the same village, but upon the Springfield side of the line, lived a family by the name of Roof—consisting of the mother, Mrs. Henry Roof, her son, Wilson Shannon Roof, aged about 20 years, Hannah Roof, aged 22 years (a helpless cripple), Hattie Roof, aged 17 years, and Charlotte Roof, aged about 15 years; the husband and father, Henry Roof, at the time living apart from the family in Medina county. Near the Roof family, as above constituted, lived, at the time, Mr. Milton Moore, a large landholder in Portage county, and then, also, a stockholder in, and president of, the City Bank of Akron, Mrs. Moore being a cousin of Mrs. Musson.


THE ROOF-MUSSON HOMICIDE - 995


CAUSES LEADING TO THE TRAGEDY.—Mr. and Mrs. Moore had been married twelve or thirteen years, but not having lived happily together had several times parted, but after brief separations had as often become reconciled, until, in May, 18uu, they made what was understood to be a final separation, Mrs. Moore going to Iowa, as was given out, to remain away a sufficient length of time to enable her husband to procure a bill of divorce on the ground of "three years willful absence." Being thus left to himself, Moore arranged with Mrs. Roof to do his washing, and with Hattie Roof to tidy up his room, make his bed, etc. Hattie had previously, when Mrs. Moore was at home, assisted in the family work, but now that Mrs. Moore was away permanently, as Mr. Moore supposed, his relations with the young lady became more intimate, and early in July he proposed to marry her, on securing his contemplated divorce, which proposition was accepted by the young lady, and approved of by her mother. From this time on, they had frequent interviews, both in his own and the mother's house, and on one occasion visited Cleveland together, Moore having also presented her with a ring, provided her with clothing and arranged for her to attend school at Hudson.


THE NEIGHBORS BEGIN TO TALK.—Of course, however innocent, such attentions from a married man of 43, to a young girl of less than 18, could not well pass unobserved, and the neighbors soon began to talk, which talk not only put the most unfavorable construction upon the intimacy in question, but was also, in due time, communicated to the absent Mrs. Moore, as it was alleged, by her cousin, Mrs. Musson, in consequence of which information, as is supposed, the former lady returned unexpectedly to Mogadore early in November. She did not, however, immediately return to her own home, or the home of her husband, but for a week or two visited around among her friends in the neighborhood, Mr. Musson among the rest. The sudden return of Mrs. Moore, and the continued absence from the "bed and board" of her husband, as a matter of course, materially increased the talk of the neighborhood, reflecting not only upon. Moore, himself, but also, as usual in such cases, with especial virulence upon the young lady upon whom his attentions and favors were being so lavishly bestowed, as well as her mother for encouraging the same.


A BROTHER'S DESPERATION.--These constant culpatory animadversions could not well pass unheard and unheeded by Wilson Shannon Roof, the only brother of the young lady implicated. Young Roof, with the exception of one year, from August, 18u4, served in the arniy, had been employed by Mr. Milton C. Purdy, in his pottery, for some eight or nine years, and had been as steady and faithful as the general run of boys and young men similarly employed. Being, however, of a rather impulsive and excitable turn of mind, the stories in circulation regarding the chastity of his mother and sister, became very irritating to him, and he had several talks with Moore about "settling" with the slanderers, he (Wilson) not knowing, up to this time, anything about the conditional marriage engagement between Moore and his sister, or of the fact that Moore was furnishing the money for her schooling at Hudson.


Thus matters stood at the time of Mrs. Moore's return from the West, early in November; the young man's anger against the


996 - AKRON AND SUMMIT COUNTY.


supposed defamers of his sister, including Mrs. Musson, Mrs. Moore and several others, both men as well as women, became daily intensified, so much so that about two weeks after Mrs. Moore's return from the West, he threw up his job with Mr. Purdy, saying to Mr. P. that he had no against him, but "would have revenge on the slanderers of his sister." About this time, also, he bought a navy revolver, and seemed to be shaping matters to leave the place.


A FEARFUL TRAGEDY.—Things were in this condition on Monday morning, November 2u, 18uu. Mr. Musson, unconscious of impending calamity, had gone to work at the shop. Mrs. Musson had gone cheerfully about her household duties, and was in the kitchen doing up her weekly washing, accompanied by her little 4 1/2-year-old boy, only. About 10 o'clock in the forenoon of that day, Roof was seen by several of the neighbors going to the bouse of Mr. Musson, which stands some eight or ten rods back from the street, though little dreaming of the fearful errand on which h was bound. A moment after he had entered the house, two distinct reports of a pistol and a piercing scream from that direction, at once drew several of the neighbors to the spot. who found Mrs. Musson upon the floor of the porch, bleeding copiously from a pistol shot wound; the ball having entered her right side between the third and fourth ribs, passing through the breast and lungs, and coming out between the fifth and sixth ribs upon the other side. It was also found that a ball had been lodged in the window sill of the room in which Mrs. Musson had been at work, and the general theory was that the first shot, fired while she was bending over the wash tub, had missed her and entered the window sill as stated, while the fatal shot was fired as she rushed to the porch door upon the north side of the house, and screamed. This theory was strengthened by the statement of the little boy that "the man shot his mamma two times," though the physicians, who made the post mortem examination, were of the opinion that but one shot had been fired.


CONSTERNATION OF THE PEOPLE.—Mrs. Musson, though seemingly conscious when the first neighbors arrived, was unable to speak and in a very few minutes expired. As a matter of course, the utmost consternation was manifested by the people of the village, and the entire surrounding country, as the news of the assassination spread. Such was the excitement that nearly an hour elapsed before anything was done towards tracking the murderer, and securing his arrest, Mr. M. C. Purdy offered a reward of $200 for his capture, Messrs. John R. and William Buchtel, brothers of the murdered woman, afterward assuming the same, with the addition of $300 thereto, making an aggregate reward of $500. Messengers were sent to Akron and other points to notify friends, and head him off by telegraph. In his flight across the fields, he met Mr. Michael Mishler, Jr., to whom he stated that he had committed a murder, and that if it hadn't been for the screaming of the boy he would have "cleaned out the street." A mile or further on, substantially the same statement was made to t other young men, but both they and Mr. Mishler thought that was joking.


TRACKING THE MURDERER—CAPTURE, ETC.—The natural interest of the people of the vicinity, together with the large reward


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offered, at once secured an active search, and a most vigilant watch for the fugitive all over the country. When last seen, upon the day of the murder, he was some two miles and a half from the scene of the tragedy, though traced some distance further, and into and through a large swamp near the edge of the township of Rootstown, when the track was lost. On Tuesday, Dr. J. C. Ferguson and several others again got upon the track, and traced him for some distance, the fugitive by this time having taken a southeasterly direction: but becoming confused by the conflicting stories of people who claimed to have seen him, again lost the track and returned home. On Wednesday, Sheriff James Burlison, visiting Mogadore, became satisfied that the doctor had been upon the right track, and with a small posse, guided by the doctor, started out on horseback. This party again struck the trail early in the afternoon, and tracked him into a swamp, around which a picket guard was established during the night. In the darkness, however, he eluded the pickets, and it was found the next morning that he was making his way slowly, in a zig-zag course, towards Alliance. Sheriff Burlison and his party were rapidly gaining on him, and would undoubtedly have soon secured the prize, but for the fact that Mr. James Roath, a farmer, living near the line between Portage and Stark counties, seeing a man pass his house that he thought answered the description which he had read of the murderer, followed after him, and overtook him in the township of Lexington, Stark county. On being questioned by Mr. Roath, Roof stated that he was from Medina and was going to Alliance, but on being requested to raise his hat, Roof at once succumbed, and delivered to Mr. Roath his revolver, fully loaded, together with a large bowie-knife, ammunition, etc. Mr. Roath took his prisoner, who 'was extremely foot-sore, and very nearly exhausted, to his house, where he was given food and other proper attentions, and later in the day, assisted by a neighbor by the name of William Wiles, he was taken to Lima station, and thence, the same evening, to Ravenna, and placed in jail.


PRELIMINARY EXAMINATION.—The following Saturday the prisoner was brought before Justice Andrew Jackson, of Ravenna, for examination. Prosecuting Attorney H. H. Willard, of Ravenna, and J. J. Hall, Esq., of Akron, representing the State and Alphonso Hart and C. A. Reed, Esqs., appearing for the deferre. A full xamination was had, and the defendant was remanded to jail, to await the action of the Grand Jury, Coroner Luther H. Parmelee, of Kent, having, on the evening of the murder, held an inquest upon the body, a post mortem examination being had by Drs. Neeper and Ferguson, of Mogadore; the coroner's jury finding that the deceased came to her death from a pistol ball fired by the hand of Wilson Shammy' Roof. Mrs. Musson was 3u years of age at the time of her death.


ARREST OF MR. MILTON MOORE.—The feeling against Mr. Milton Moore had been very strong from the start, but became greatly intensified from the repeated utterances of Roof that Moore had instigated him to seek revenge upon Mrs. Musson and others who had circulated slanderous stories about his mother and sister, and their relations with Moore. These utterances were so outspoken, and the circumstances surrounding, and pertaining to, the homicide, so inculpating that the authorities of Portage county deemed


998 - AKRON AND SUMMIT COUNTY.


it advisable to investigate the question as to Moore's complicity in the dreadful affair. Roof, and a number of other witnesses were therefore brought before the Grand Jury, by Prosecuting Attorney Willard, at the March term of the Court of Common Pleas for 1867, resulting in an indictment against Roof for wilful and premeditated murder, and against Moore as an accomplice. Moore was thereupon arrested by Sheriff Henry C. Jennings, on the 11th day of March, 1867, and committed to the jail ofi Portage county, but, in consequence of repairs that were being made on that institution, he was, within a few days, transferred to the jail of Summit county.


RELEASED ON $50,000 BAIL—TRIAL, ETC.—The trial of Moore was set for the 27th day of May, 1868, Judge George M. Tuttle, on application of Moore's attorneys, having admitted him to bail in the sum of $50,000, the bail bond being signed by a number of wealthy gentlemen of both Portage and Summit counties. On the day appointed, the trial was begun before Judge Tuttle. The State was represented by Prosecuting Attorney Willard, assisted by A. J. Dyer, George Bliss, John McSweeney and Michael Stuart, and the accused was defended by Ezra B. Taylor, Samuel W. McClure and John J. Hall. The trial lasted five days and was very closely contested upon both sides, the court room being densely packed with intensely interested spectators from both Portage and Summit counties.


ROOF TESTIFIES AGAINST MOORE.—On the witness stand Roof related a number of interviews between Moore and himself in regard to the scandalous talk in question, the last interview being at his mother's house on the Saturday preceding the murder. Of this interview, and the commission of the fatal act Roof testified as follows:


"This interview lasted three quarters of an hour. I told Moore I had a great work to settle these slanders, and wanted him to say who the slanderers were ; and I wanted money, for I intended to do something that I would have to leave. I did not want to tell him just what or how I proposed to do ; wanted his advice and assistance as I had no money at my command. He repeated his charges against Mrs. Moore and Mrs. Musson. I asked Moore if he did not think I had better give them the devil. He said I think you had.' I asked him if I had not better go and thrash his wife. He said No, everybody would think I had sent you.' The names of Mrs. Moore, Mrs. Musson, James F. Hope, William Hill and William Russell were mentioned in this conversation. In reply to my question, he said I had better go to his house when he was away. Can't say which said go to Musson's first, then toe Moore's then to town among the men in the shops. Think I told him I was going armed to the teeth. Think he said : That's right ; make a clean sweep; do it up right.' When I asked, he said. Go to my house when I am away ; tomorrow I shall be at home ; Monday I shall go to Akron.' I told Moore there would be nothing short of several assaults, and I would have to leave and must have money. I told him I should go to White Hall, Ill., but never intended to go there ; told him I should write for money; don't remember what he replied."


In regard to the killing of Mrs. Musson, Roof testified:


"I was at the Corners early. Moore came north and turned the corner, going west. He looked strongly at me ; I nodded and winked, and tried to hold my coat away that he could see the butt of the pistol which hung in my belt. I waited at the corners as I did in accordance with an understanding made with Moore on the night of our last interview. When Moore had gone past, I knew his wife was alone. I went to Musson's and rapped. Mrs. Musson opened the door. Drawing the revolver I asked her if she knew what she had been saying about my sister—I had come to see


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about it. She threw up her hands and said, 'Oh, don't ;—my God !' In cocking the pistol my thumb slipped off, discharging the pistol ; the ball entered the breast, I thought ; she screamed and struck at me ; I knocked her on the head with the butt of my revolver ; I pushed her around ; she staggered against the window; I went out on the porch and removed a shingle that was in the window and shot her again."


The witness was subjected to long and severe cross examination, but generally maintained about the same statement. A number of other witnesses were examined on the part of the State; both in regard to the killing of Mrs. Musson, and the actions of Moore and Hattie Roof, among the rest Mrs. Roof, the mother of Hattie and Wilson, who testified to the intimacy of Moore and her daughter; their marriage engagement; their visit to Cleveland; the furnishing of money by Moore to fix Hattie up for school; of Moore's promise, after the murder, to help the family after Wilson's trial; and of conversations between Moore and Wilson, in regard to the slanders before the commission of the murder.


THE STORY OF MR. MOORE.—The testimony for the State having closed at 10 o'clock A. M., on the third day of the trial, the defense called and had sworn forty-four witnesses, the defendant also going upon the stand and testifying in his own behalf. After a number of witnesses had testified to various declarations of Roof at the time of his capture and afterwards, that he alone had committed the murder, and that no one was in complicity with him, and also to Moore's general peaceable character, Moore himself testified, giving a history of his acquaintance with the Roof family, of his assisting them several years before, while the husband and father was in California; of several talks with Wilson about the slanders that were being circulated against Hattie, and, on his threatening to kick Henry Saxe, of his advising him not to do so, or anything that would get him into trouble; though at Mrs. Roof's Saturday evening before the murder, did not see Wilson; admitted seeing Wilson at the corners Monday morning as he was going to Akron, but paid no attention to him; never saw Wilson after Thursday until Monday morning; denied all Wilson's talk about cleaning out the town, or threatening anyone except Henry Saxe, etc.


On cross-examination Moore admitted his conditional marriage engagement with Hattie Roof; said his wife went West with the understanding that she would never come back, and that he would get a bill of divorce from her; had told Hattie that it would take three years to get a bill, and agreed to marry her if his wife did not come back, and he got a bill; her coming back was unexpected; admitted visiting Cleveland with Hattie and registering her name at hotel as Louisa Wilson; frequently talked with Mrs. Roof about the engagement; never told Wilson about it; couldn't say that he sent Hattie to school at Hudson; but if her mother would send her he would give as much money to the lame girl (Hannah) as she spent on Hattie; gave money to Mrs. Roof to buy clothes for Hattie; lived with his wife after she came back; told Hattie the game was up and the engagement broken; were engaged from July, nearly five months; during this time secret was confined to Mrs. Roof and themselves; to all appearances Wilson never got into the secret; the boy knew nothing of it to the best of his knowledge; engagement made in his (Moore's) sitting room; on Thursday before the murder called at Mrs. Roof's; the old lady