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CHAPTER XI.

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THE MOST NOTED CRIMINAL EVENTS 1N THE HISTORY OF PORTAGE COUNTY- TRIALS AND SENTENCES OF THE CULPRITS-THE ALLEGED CRIME OF JOHN MCMANUS-THE MURDER OF MATHEWS BY AUNGHST-THE MURDER OF CUMMINGS BY BARRIS-THE MURDER OF CATHERINE MCKISSON BY HER BROTHER-IN-LAW, DAVID MCKISSON-THE HEATHMAN MANSLAUGHTER CASE -ALANSON BALDWIN STABBED TO DEATH BY HIS NEPHEW, LEMUEL W. PRICE-ATTEMPTED KILLING OF PRENTISS BY FLOWER-THE SHORTS-WILSON SHOOTING-THE MURDER OF JOHN RHODENBAUGH BY JACK COOPER AND JOEL BEERY-HARRIET MUSSON MURDERED BY WILSON S. ROOF- SHOOTING OF ALFRED L. HARRIS BY HIS. FATHER-THE KELSO-MONTAGUE CASE-THE NEWELL-ROBERTS AFFAIR.

ALL organized communities, it matters not what may be their geographical location or their general moral and religious status, have criminal records, some of which are replete with deeds of violence and bloodshed, while others are not quite so bad. There are many facts of a criminal character of such importance belonging to the legitimate history of Portage County, that they cannot with historical propriety be left out of this work. It is not the intention of the writer to give a record of all the deeds of a criminal nature that have been committed in this county, but only those where life was taken, or where the culprit was tried for murder or intent to commit that crime.

The first murder trial that occurred in Portage County took place at the October term of the Court of Common Pleas, in 1813, whereof Hon. Benjamin Ruggles was President Judge, and Aaron Norton, Amzi Atwater and Samuel Forward, Associates. John McManus was the defendant in this case, being indicted for the murder of Betsy McManus, his wife, and lived on what was then and since known as the Bell lot, in Ravenna Township. The indictment charged that McManus assaulted his wife while she was lying in bed, soon after the birth of a child, and struck her with a boot-jack, breaking the shoulder- blade and one of the ribs upon the right side, making a wound eight inches long and six inches wide, and that he also kicked her. The injuries were inflicted on the 12th of May, 1813, and the woman died upon the 27th of the same month. Benjamin Whedon was the foreman of the grand jury finding the indictment. The following are the names of the jurors before whom the case was tried: Gipson McDaniels, Jr., Palmyra; Isaac Osman, Boston; Paul Williams, Portage; James McCormick, Springfield; Asher Gurley, Rootstown; William Sprague, Tallmadge; Theophilus Anthony, Atwater; George Walker, Hudson; Jonathan Foster, Mantua; Robert Taylor and David Way, Suffield; William Price, Ravenna. The case was conducted by Peter Hitchcock as Prosecuting Attorney, and by Benjamin Tappan and John C. Wright for the defense. After a protracted and exciting trial, the defense claiming that the woman died of child-bed fever, the accused was acquitted of the charge of murder, and discharged. McManus is described as a quarrelsome man, who was perpetually in trouble, and indicted for assault and battery several times. He was a volunteer in the war of 1812, and from ailments contracted in that service died in 1814 or 1815.

The first premeditated murder in this county was the killing of Epaphras Mathews by Henry Aunghst, August 20, 1814. Capt. Waller, of Palmyra

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Township, while on his way to Ravenna, discovered the body of a man 1 behind a log, in the woods, near the schoolhouse now standing on the corn of the Charlestown and Edinburg roads, a mile and a quarter east of Revenna. The body proved to be that of Epaphras Mathews, a peddler, Pittsburgh, Penn. An investigation proved that Mathews was last seen at tavern at Campbellsport, on the 20th of August, and on the same day by party grinding scythes in front of the present residence of Richard J. Thom son. It was noticed that a man was traveling with him, and to this man suspicion attached as the murderer. On the night of August 19, Mathews and strange man, who afterward proved to be Henry Aunghst, stayed at the tav of Jabez Gilbert, in Palmyra. Taking these facts as a starting point, Ro Eaton and Lewis Ely started in pursuit of the murderer, whom they follow about a month, and arrested in a blacksmith shop in Center County, Pe They were paid by the county $222.87 for their services and damages inflicted upon their horses in apprehending and bringing the culprit back to Raven Mr. Ely was also paid the $100 reward which had been offered for the capture of Aunghst, and Abraham Reed was paid $28.50 for eight days spent in hunting for the murderer. The meshes of the inevitable fatality surrounding murderer seemed woven about Aunghst, and without any of the modern resolution for tracing a great criminal, his pursuers at once struck his trail, and stead followed him until their pursuit culminated' in his capture.

Some weeks prior to the murder, Mathews and Aunghst left Pittsburgh company, and traveled together until the hour of the murder. What pretext Aunghst gave to his victim is unknown, but upon his confession he stated his purpose was to effect a robbery of his friend and companion. At first plan was to seize and bind Mathews to a tree in the woods, rob him and but chance, or destiny, frustrated the purpose in each instance. Once, wh in the woods near Poland, when a suitable moment seemed to have arriv Deacon Sacket, of Tallmadge, traveling with his wife, came upon them. Deacon knew Mathews well, and the meeting was an agreeable one betty the two friends, and formed an important link in the chain of evidence againest the murderer, as Deacon Sacket afterward visited Aunghst in jail and recognized him as the man he saw with Mathews in the woods near Poland. times on their travels, when going into a village, Aunghst would take goods and visit a few of the houses making sales, giving the money up Mathews. The idea of murdering Mathews, Aunghst stated, first occurred him about the time they reached Campbellsport. So many times had van plans of robbery been frustrated, that, grown desperate, when this suggested itself he acted upon it at the first opportunity. The murder was commit with a blue beech fence stake or club, which the murderer purloined from premises of Gen. John Campbell, at the "Port." Coming to the spot w the murder was committed, he dealt his victim a vigorous blow with the chi Seeing at once he had given his victim a death-blow, he seized the body, it over a log and the club after it; next unharnessed the horse and turned loose in the woods, dropping the harness on the Chills, rifled the wagon walked off. The money obtained consisted of $270 or thereabouts, in coin which the murderer tied up in a pocket handkerchief. Coming to Ray Aunghst stopped at Greer's Tavern, got a drink of whisky and enquired road to Pittsburgh. While at the tavern. he placed his handkerchief of coin the bar. He was next seen at Daniel Collins', in Rootstown, and in afternoon of the same day in Randolph, and in the next day in Deerfield, enquiring, from point to point, the road to Pittsburgh. Next we hear of him at Canfield, where he bought a horse, paying for it in silver. Next at Petersburg,

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where he fell in with Gen. Simon Perkins and Judge Calvin Austin. With Gen. Perkins he exchanged the greater portion of his silver for paper money, stating that he had made it boating on the river, and, intending to buy some land near Wooster, had brought the silver, supposing he could do better with it than with paper money. Not liking the Country as well as he expected, he was going back, and had got tired of " lugging the coin " So the General gave him all the paper money he had with him for coin. So from point to point he was traced on his route to Pittsburgh, and from that city to the forge in Center County, where he was arrested.

At the January term of the Court of Common Pleas, in 1815, the grand jury, of which Wiley Hamilton was foreman, found an indictment against Aunghst. He was arraigned and plead not guilty, and the case continued. At the October term, 1815, Hon. George Tod, Presiding Judge, his counsel, John C. Wright, moved his discharge in consequence of some error in the indictment. The Court overruled the motion. The grand jury, however, of which Erastus Carter was foreman, found a new indictment, which was certified to the Supreme Court, the prisoner electing to be tried by that court.

At the June term, 1816, he was again indicted, Lewis Day being foreman of the grand jury, and Darius Lyman Prosecuting Attorney. These proceedings were certified to the Supreme Court. This last indictment proved to be sound, and at the September term, 1816, of the Supreme Court, Hon. Ethan Allen Brown, of Cincinnati, and Hon. Jessup N. Couch, of Chillicothe, upon the bench, the trial was had. Darius Lyman and Benjamin Tappan were the attorneys for the State, and John C. Wright for the defense. A motion for change of venue to Columbiana County was made, it being alleged that the prisoner could not have an impartial trial in this county. The motion was overruled, and the trial proceeded.

The following persons out of a panel of thirty-six were chosen as the jury to try the case: Daniel Collins, Rootstown; Simeon Crane, Lyman Hine, Asa K. Burroughs, and David Hine, of Shalersville; David Thompson, Ravenna; Benoni Thompson, Shalersville; Joseph Lewis, Palmyra; Daniel Burroughs, Shalersville; Elijah Burroughs, Shalersville; Frederick Willard, Franklin; J. F. Wells, of Ravenna. The trial terminated in finding the accused guilty of murder in the first degree; whereupon the following sentence was pronounced:

It is considered, by the Court, that the said Henry Aunghst be taken from hence to the Jail of the County of Portage, from whence he came, there to remain until the last Saturday of November next, being the 30th day of November, on which day he be taken to the place of execution, between the hours of 12 o'clock at noon and 2 o'clock in the afternoon, and there to be hanged by the neck until he be dead.

Aunghst was from twenty-five to thirty years of age, and was six feet, seven inches high. He was a man of powerful muscular organization and great strength. He was a foundry-man, or iron-worker, by trade, but naturally sluggish in his motions and movements. It was told of him that when at work in Pittsburgh he would pick up a trip-hammer, weighing 500 pounds, and lift it into an old-fashioned Pennsylvania wagon. He was a man of easy disposition. The Jail in which he was confined was a log one, and the Jailer was in the habit of storing some of his household effects in the prison portion of the Jail. One day the Jailer's wife--Mrs. Mason—went into the prison to deposit a spinning-wheel. Aunghst pushed her aside at the door and ran out. Mrs. Mason gave the alarm, and immediate pursuit was made. After running a short distance Aunghst gave out and turned back to his pursuers, laughing, and gave up the race, and, puffing and blowing, came back to the Jail. This

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old log-building in which Aunghst was confined from the time of capture until his execution, was the first Jail erected in the county. The prisoner was a German, or a " Pennsylvania Dutchman," and Howard Carter says that though he feigned his inability to speak or understand English during the trial, could subsequently converse glibly enough with the school children who would stand upon a barrel and talk through the iron grating covering the window of his cell.

When the day of execution arrived, November 30, 1816, Asa K. Burroughs was Sheriff of the county, and Coolman, William Frazer and Almon Babcock his deputies. A militia force was called out, under command of Col, Solomon Day, of Deerfield, as special guard on the occasion. The gallows was erected in the center of what is now Sycamore Street, near the corner. of Spruce, and about 1,800 people witnessed the execution. Upon the gallows Aunghst made a partial confession, the substance of which the writer has gives in the foregoing account. The neck of the wretched man was dislocated, but not broken by the drop, and after being pronounced dead, the body was oust down and buried near the foot of the scaffold.

The night after the execution the body was dug up by some parties, who doubtless desired it for anatomical purposes. They were discovered soon after the body was out of the coffin, and attempted to flee with it. Hot pursuit wee made, and they were forced to drop their prize, and left it on what is now the corner of Oak and Meridian Streets. The body was carried to the Court House and guarded that night. The next day a party of German residents of the town took the body with the intention of sinking it in " Mother Ward's Pond," to "keep it from the doctors." William Tappan, an erratic Justice of the Peace, pursued this party, and commanded them, in the name of the State of Ohio, to return the body. This they did with fear and trembling, and again the body lay in state at the Court House, surrounded by the Sheriff's posse. It was finally re-interred in the original grave, the coffin being filled with lime, and the largest log possible placed upon it. It was rumored hat the doctors got the body after all, but Homer Frazer says: "I was present when the grave was opened many years afterward, and the skeleton was found m114 fair state of preservation."

The next murder trial on record is that of Abner S. Barris for the murder of Nathan Cummings, December 9, 1832. This murder was committed on the canal north of the village of Akron, which was then included in Portage County, and the victim was a lad who drove the horses for the canal-boat. Barris, it seems, had had a quarrel with the helmsman of the boat, and in order to have his revenge had secreted himself at the side of the tow-path, with a gun, intending to shoot the helmsman. As. the boat came up, putting him in range of his adversary, Barris took aim and fired, missing his intended mark, the shot taking effect upon the left side of the neck of the lad, Nathan Cummings, causing almost instant death. Suspicion at once attached to Barris, and with but little delay he was arrested and lodged in jail at Ravenna. At the session of the March term of the Court of Common Pleas, whereof Matthew Birchard was President Judge, and Elkanah Richardson, Elias Harmon and George B. De Peyster were Associate Judges, an indictment for murder was found against Barris by the grand jury, of which Jonathan Metcalf, of Hudson, was- foreman.

The prisoner, electing to be tried in the Supreme Court, was tried at the September term of that court, 1833. Hon. Ebenezer Lane, of Norwalk, presided at this term, and Lucius V. Bierce was Prosecuting Attorney. The following persons constituted the jury before whom the trial took place, having

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be elected from a panel of thirty-six men: Elisha Garrett, Garrettsville;

William N. Merwin, Palmyra; Daniel Everett, Nelson; George Y. Wallace, Northfield; Lyman Hine, Shalersville; Enoch Drake, Freedom; Caleb Atwater and John A. Whittlesey, Atwater; Jonah Hine, Randolph; Abel Sabin, Randolph; Merrick Ely, Deerfield; Joseph Lewis, Palmyra. The trial was not protracted, and scarcely any witnesses were examined save the hands upon the canal-boat. The jury returned a verdict of guilty of murder in the second degree. The Court sentenced Barris to the penitentiary for life.

Barris never, according to the writer's information, denied the commission of the murder, and a remark he made when brought to Ravenna will show his own conviction on the subject. When first brought to town he was taken to the Globe Tavern, kept by William Coolman, Esq. Mr. Coolman recognizing Barris, said to him that he was told he was charged with a desperate crime. Barris looked at him a moment, drew himself up, and then replied, "It was not Abner Barris that did it, it was whisky." Barris was a day laborer, a rather passionate man, and about forty years of age. He worked in Ravenna by the month about a year, not long previous to this occurrence. It is understood that Barris died a number of years ago in the penitentiary.

The McKisson murder was committed in the township of Northfield in what is now Summit County, on Monday, July 24, 1837. The victim of this murder was Mrs. Catherine MoKisson, the wife of Robert McKisson, a stout, robust woman about thirty-five years of age, and weighed 175 pounds. The murder was committed about 11 o'clock at night. Robert McKisson, the husband, was absent from home at the time, and the family consisted of Mrs. McKisson and her daughter (by a former marriage), Lucinda Croninger, and a man named John Johnson. The two women slept in the same room ln different beds and Johnson up stairs. That night Johnson went to bed about dark, the two women between 9 and 10 o'clock. The murderer entered Mrs. McKisson's room and in doing so aroused Lucinda, who was rendered temporarily senseless by a blow on the head, but recovered enough to see the last blow that was struck her mother. The murderous weapon used was an axe, with which the blows were given Mrs. McKisson, one on her back, one on the top of her head and one on the side of her head. The mortal wound was upon the right aide of the head, about two inches deep, four inches long and half an inch wide. Mrs. McKisson lived until the next day—July 25--and declared the murderer to be Samuel McKisson, the father of her husband. Lucinda, the daughter (aged about eighteen), was also positive that Samuel McKisson was the murderer. Samuel McKisson was arrested the next day by Col. Arthur. He was a man about seventy-two years old, and was somewhat crippled in his band. He manifested no trepidation and even went to his son's house and kissed the corpse.

Suspicion was attached to David McKisson, son of Samuel and brother of Robert. He was seen in the neighborhood the evening of the murder, and it was well known that in the March previous he had a bitter quarrel with his brother, and entertained ill will toward his wife. Col. Arthur set out in pursuit of David, and, the Saturday after the murder, arrested him on Turtle Island, in Maumee Bay. When found by Col. Arthur be was on a pile driver, and was told he must go with the Colonel. He did so without demur, said goodbye to some of the workmen, saying, "I shall never see you again," or "I never expect to see you again." This was before he was told why Col. Arthur wanted him. After being brought back he had an interview with his brother Robert, who said to him, " What have you brought us to, David?" "What have I brought you to, Robert?" was the reply. "No, these hands never did that

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deed." When David first caught sight of Robert he extended his hands and cried out, Oh, my wronged brother, my poor wronged brother, but you can't be righted." , David seemed much distressed and said to Robert, " I little thought the words we had in the lane would put me in irons, did you?" Further than these things David McKisson never admitted his guilt, but asserted his innocence to the end, and upon the scaffold said "these hands never did the deed."

At the September term of the Court of Common Pleas, 1837—Hon. Van R. Humphrey, President Judge, Charles Sumner, Ira Selby and Joseph Lewis, Associates-the grand jury indicted both Samuel and David McKisson for murder., Both plead not guilty, and were allowed separate trials.

The trial of Samuel McKisson commenced on the 4th of October, before the following jury: Jonathan Brown, Edward Sumner, Hiram Collins, Ezra S. Bassett, Urial Case, David Collins, William N. Merwin, Isaac Ozmun, Bowen Blair, Moses Eggleston, Harvey Baldwin and Jonathan Metcalf. A portion of the evidence in the case developed the fact that the accused had a quarrel with Robert and his wife about a cow, and the evening before the murder, in passing the two women at a spring on their premises had uttered a threat to them. They were laughing at the time, and the old man cried out-" Laugh on! your laughing will soon be turned to trouble and sorrow." The case was conducted by L. V. Bierce and Eben Newton on behalf of the State, and by D. K. Carter and Wyllis Silliman for the defense. The jury were out but a short time and returned the verdict of not guilty, and the accused was discharged.

The trial of David McKisson was commenced on the 6th of October, before the following jury: Charles Reed, Peter Mason, Silas Comstock, Ashbel Bostwick, William Coolman, Jr., A. K. Hubbard, Miner Merrick, Hugh Judson, Jonathan Foster, John N. Whittlesey, Alva Day and Daniel Trowbridge. This trial was conducted with spirit and ability by L. V. Bierce and Eben Newton on the part of the State, and by R. P. Spalding, David Tod and N. M. Humphrey for the accused. It was proven by a witness on this trial, that in May previous to the murder, David had said to his sisters Mary and Margaret, at Cleveland-"I will kill Robert's wife, By G-d I will; and then if Lucinda has a mind to have me she may, or she may go to hell." The jury found the prisoner guilty of murder in the first degree, and the sentence of the Court was pronounced that he should be hung upon the 9th day of February, 1838. The gallows was erected between what is now Prospect and Walnut Streets, immediately east of the Disciples' Church, in Ravenna.

From the Ohio Star of February 15, 1838, the following account of the execution is taken: "On Friday afternoon, the 9th inst., David McKisson was executed for the murder of his brother's wife. From the day of his conviction to the last moment a his existence he declared himself innocent of the crime laid to his charge, but his conduct. seems more indicative of great depravity than of innocence. Until the day previous to his execution, he almost, uniformly spoke of his situation in the most indifferent manner, and studiously banished from his mind all thoughts of his condition. On that day seemed to be somewhat affected at the near approach of death, and on th morning of the execution he requested the presence of Elder Stevens. To th Elder, who visited him in his cell and accompanied him to the gallows, professed that he had asked for and obtained mercy, and declared that he con die in peace. On his way to the place of execution McKisson appeared so emn and thoughtful, and when he first arrived in sight of the gallows he w evidently overcome by the spectacle and swooned away., but recovered hi and sat firm and erect on his seat. He then handed to the Rev. Mr. Grab

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who also accompanied him, his farewell address which he had prepared, remarking that he intended to read it upon the gallows, but that he should not be able to do it. On arriving at the gallows he got out of the carriage without assistance, requested Elder Stevens and Mr. Graham to accompany him upon the scaffold, and then firmly and unhesitatingly ascended the same with the Sheriff. He then addressed the spectators in a speech of nearly a half hour's length, consisting partly of admonition to the wicked and vicious, and partly of an examination of the testimony upon which he was convicted, and concluded by declaring his innocence and his preparation for death. He then requested prayers, and he appeared to respond to the petition which was offered.

" The rope was then adjusted, his arms pinioned, and the cap drawn down over his face by the Sheriff, who then descended from the scaffold; as he reached the bottom he trod upon the spring which supported the platform, and McKisson suddenly dropped about seven feet. Once or twice he shrugged his shoulders, and four or five times he drew up his legs, probably in consequence of the contraction of the muscles, and all was over. After hanging until he was dead, his body was taken down and delivered to his brother Robert, who took it to Northfield for interment. An immense concourse of people attended to witness the execution. The number is variously estimated at from 1,500 to 3,000, of which, we are sorry to say, at least one-eighth part were females. What there can be in such a spectacle calculated to excite the curiosity and attract the presence of woman, delicate and sensitive woman, we are utterly at a loss to determine."

Sylvester Heathman was tried and convicted of manslaughter at the February term of the Court of Common Pleas in 1838. It appears from the evidence that on the day when the disastrous occurrence took place, the defendant, with. his two brothers, John and Elisha, had been absent from home until nearly night. How they were employed was not apparent, but about supper time John Heathman (the deceased) returned to the house of his widowed mother much intoxicated, and was seated at the table eating his supper when the defendant (Sylvester) entered the room. John immediately addressed Sylvester with the inquiry, " Where is Elisha?" " He has gone up North." " You are a d—d liar! " replied John, " and the truth is not in you; " and upon uttering these words he caught up his fork and threw it at the head of his brother, and inflicted something of a wound upon his nose. This violence on the part of John was followed with a threat that if Sylvester came up stairs that night "he would be the death of him." About this time, said the witness, Mary Heathman (a sister, and the only person in the room at the time), there was heard a noise resembling the rattling of knives and forks near the place where John had been seated. At this instant Sylvester seized a chair and with it struck John a severe blow on his side. The young woman then left the room for the purpose of calling her mother. Upon their entering the room after the space of a minute John exclaimed, " Mother, I am going to fall," and immediately fell to the floor. At this time blood was discovered running from his shoes, and the odor of whisky pervaded the room. Sylvester advanced to the prostrate body of his brother and exclaimed, " John, brother John!" "You may call him now," said the poor mother, " but he cannot hear you, for you have killed him." Sylvester then endeavored to procure the attendance of a physician, but none arrived before the death of John, which took place about thirty minutes after the blow was inflicted.

Upon examination it was ascertained that the deceased had, in his right pantaloons pocket, at the time of the blow, a junk bottle filled with whisky;

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that the chair had been hurled with so much force as to break the bottle into small pieces, one of which had been driven into the groin so as to cut the artery, by means of which the deceased bled to death. The cause was argued to the jury by Messrs. Bierce and Spalding for the State, and Messrs. Carter and Newton for the defendant. A verdict of guilty was returned by the jury, and the culprit was sent to the penitentiary for one year.

The murder of Alanson Baldwin, of Aurora, took place November 8, 1859, and was perpetrated by Lemuel W. Price, also a resident of Aurora, and the nephew of his victim. Price was a man about sixty, a hard drinker and at times uncontrollably passionate. On the morning of the 8th of November he became offended with Mr. Baldwin, though causelessly so, and watching his opportunity stabbed him with a shoe knife upon the left side of the abdomen, the wound going through to the abdominal cavity. Mr. Baldwin died the next day after being stabbed. Price was indicted at the December term, 1859. The case began before Judge Benjamin F. Hoffman, February 23, 1860, on an indictment for murder in the second degree, to which the accused pleaded not guilty. The following persons were the jurors in the case: James Hudson, Ravenna; C. 0. Brainerd, Randolph; 0. B. Highley, Windham; C. M. Taylor, Hiram; Silas Clark, Nelson; A. B. Bristol, Edinburg; Alden Bissell, Rootstown; Nathan Sanford, Edinburg; H. B. Fenton, Randolph; E. Hawley and T. Stewart, Paris; D. C. Davis, Palmyra. The theory of the defense consisted of two points: insanity, and deah from other causes. During the trial Price manifested a listless indifference, and received his sentence without emotion. The jury were out but forty-five minutes, and returned a verdict of guilty of murder in the second degree. The Court sentenced Price on the 25th to the penitentiary for life. The case was conducted by P. B. Conant and E. B. Taylor for the State. Price being without counsel, the Court assigned him Alphonso Hart and 0. P. Brown.

To keep unbroken the chain of this narrative, brief allusion is made to the murderous assault made upon J. C. Prentiss, in the store of D. M. Clewell, in Ravenna, upon the morning of December 17, 1864, by W. W. Flower, for the purpose of effecting a robbery of the safe in the store. The case was tried before Judge Charles E. Glidden, at the January term, 1865, of the Court of Common Pleas. The jury were in deliberation but ten minutes and returns& a verdict of guilty of assault with intent to murder. The Court sentenced' Flower to the penitentiary for seven years, the severest penalty prescribed for the crime by the statutes of Ohio. H. H. Willard and Alphonso Hart conducted the case for the State; Luther Day and P. B. Conant for the accused.

Upon the 17th of March, 1865, a young woman named Harriet Shorts was shot in her mother's house, and died of the wound, by a man who was reported to be her husband. This individual, Joseph N. Boor, alias Charles Wilson, was arrested for murder, but set up the defense of accidental shooting. The accused in the case was indicted at the May term. Trial was not had until the September term, when the case was heard before Judge Glidden and the following jury: G. B. Purdy, William Stedman, R. F. Gardner, W. J. Gardner, H. E. Brush, A. J. Shuman, Reuben Brobst, Smith Sanford, A. Chittenden; A. H. Barlow, Arvin Olin and H. J. Cannon. The indictment charged that that accused, "on the 17th of March, 1865, made an assault upon Harriet Sheriff with a shot-gun, inflicting upon the middle of her back one mortal wound of the length of one-half of one inch, and the depth of-ten inches, of which mor tal wound she immediately died. This did Joseph N. Boor, alias Wilson, with premeditated malice to kill and murder the said Harriet Shorts." After hear ing the testimony and arguments of counsel,- the jury returned a verdict

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manslaughter. The Court imposed a sentence upon the prisoner of one year in the penitentiary from the 19th day of September, 1865. The case was conducted by H. H. Willard and Alphonso Hart for the State, and P. B. Conant and E. L. Webber on behalf of the accused.

John Rhodenbaugh, a citizen of Franklin Township, residing upon his farm about three miles from the village of Kent, in that township, and about the same distance from Ravenna, was foully murdered between 7 and 8 o'clock on the night of October 24, 1865, while returning home from Kent, and within a little more than a mile from his home. The spot chosen for the scene of the murder was upon the road leading from Ravenna to Hudson, passing between Lakes Brady and Pippin, at a point where the road runs parallel with the C. & P. R. R., and within a few rods of the crossing of the latter with the carriage road leading to Kent, within sight of the lakes and the farmhouse of Joseph Heighton. Mr. Rhodenbaugh had resided in Franklin Township over thirteen years, and was well known in this and adjoining counties as a public auctioneer. He was fifty-six years of age on the 19th of September, 1865, and left a family consisting of a wife, four sons and a daughter, all of whom were present at the trial. He was fond of company and the social glass, and at times drank freely, and was, under such circumstances, apt to discourse largely upon his pecuniary means.

On the afternoon of the day of the murder, commencing at about 3 o'clock, we find him at Kent in the company of Cooper, Beery and others, playing cards, drinking and the like. Leaving Kelso's billiard and drinking saloon at or near 7 o'clock on that evening, soon after drinking with Cooper and Beery, he set out for home. Having proceeded two-thirds of the distance alone in an open wagon, he was assaulted and dealt two blows upon the head (causing instant death) with a heavy club, cut near the scene of the murder. His person was robbed of a watch and the money he had with him, supposed to be nearly $200. The murder was discovered shortly after its committal by George Dewey, a resident of the neighborhood. A Coroner's inquest was held on that) 25th before Justice D. L. Rockwell. Suspicion at once attached to Jack Cooper and Joel Beery as the perpetrators of the awful crime. Before 9 o'clock of the 25th they were arrested near Ravenna by officers R. W. Buck and S. L. Jennings, and at once incarcerated in Jail. An affidavit was made before Justice Coolman against these men, and an examination held upon Saturday, October 28, occupying from 9 A. M. to 5 P. M., the result of which was that the accused were committed to Jail for trial at the next term of the Court of Common Pleas.

The grand jury at the January term, 1866, H. M. Lewis, foreman, found indictments against Cooper and Beery, alleging the facts previously narrated. Being arraigned upon Thursday, February 1, both the accused plead not guilty thereto, and separate trials were ordered them. Being unable to pay counsel, the Court assigned Messrs. E. B. Taylor, J. D. Horton and P. B. Conant as counsel for the defense. On he part of the State H. H. Willard, Prosecuting Attorney, assisted by Alphonso Hart, conducted the prosecution.

The trial of Jack Cooper was commenced on Monday afternoon, February 5, 1866, before Hon. Charles E. Glidden. The first proceeding in the case was the impanneling of the following jury: Franklin H. Snow, Windham; E. F. Jagger, Windham- M. P. Higley, Windham; H. S. Johnson, Nelson; R. H. Miller, Garrettsville; Charles Goodsell, Nelson; Isaac Stowell, Garrettsville; Jason Rider, Hiram; Benjamin Waters, Hiram; I. J. Rhodes, Mantua; Edwin Sanford, Mantua; William L. Coe, Edinburg. As soon as the jury were sworn, Mr. Willard, on the part of the State, made an elaborate statement of the case to the jury, detailing the items of proof it was intended

358 - HISTORY OF PORTAGE COUNTY.

to present. Mr. Taylor, on behalf of the defense, made a general denial of the allegations of the State, meeting them all with the simple plea, not guilty. For three days the trial progressed with unflagging interest. Thirty-six witnesses were examined, and elaborate arguments made by both prosecution and defense. On the evening of the third day the attorneys' pleas were finished, and Judge Glidden delivered his charge to the jury, which retired at 6 o'clock. Near the hour of midnight the jury returned to the court-room with a verdict of murder in the first degree. For a moment Cooper buried his face in his hands, and then as if accepting the death-knell of his doom asked to speak to some of the jurors. A short time was devoted to this, and the doomed man, encircled by stalwart guards, was returned to his prison cell, there to meditate and prepare as best he could for the consummation of the dread penalty of that law he so mercilessly violated.

The trial of Joel Beery as aider and abettor of Jack Cooper in the murder of John Rhodenbaugh, the next scene in this drama of crime, was commenced before Judge Glidden, on Thursday morning, February 8, 1866. The case was conducted by H. H. Willard and Alphonso Hart for the State, and Ezra B. Taylor, J. D. Horton and P. B. Conant for the defense. The prisoner, as he sat within the bar, was attended by his mother, and his brother, H. L. Beery. The pressure of attendance during the trial was unabated, and the court-room was crowded to its very utmost capacity during the entire progress of the case. Beery belonged to Portage County, and had many relatives and friends living here, while Cooper was a comparative stranger and but little known in this section. The following jury was impaneled and sat upon the case: John Webber, Deerfield; Caleb Steele, Deerfield; J. V. Mell, Deerfield; Georg* Webber, Deerfield; Stephen Frazer, Deerfield; John H. Hoffman, Deerfield; J. M. Fry, Deerfield; T. H. Whittemore, Deerfield; John Mansfield, Atwater; Curtiss Goddard, Edinburg; George Brigden, Edinburg; Cornelius Mott, Deerfield. After the selecting of the jurors was completed, the trial was opened by a full statement of the case to the jury by Mr. Hart, on behalf of the prosecution, of the State vs. Joel Beery, for aiding and abetting Jack Cooper, on the 24th 'of October, 1865, in murdering John Rhodenbaugh. The theory of the defense was, then ably presented to the jury by Ezra B. Taylor. Nearly fifty witness were examined on this trial, which also lasted three days, and untiring efforts were put forth by Beery's counsel to clear him, The jury was charged by Judge Glidden on Saturday forenoon, February 10, and retired at half past 12 o'clock. For more than twelve hours the jury wrestled with the evidence before reaching a unanimous conclusion. At a quarter past 1 o'clock on Sunday morning they filed into the court-room with a verdict of murder in the second degree. The verdict was received by the people with great surprise, as it was the general opinion that Beery was equally guilty with Cooper, and should have received the extreme penalty of the law; and the jury was, at the time, considerably criticised and blamed for letting him off so easily.

On Monday morning, February 12, the convicted murderers, Cooper and Beery, were brought before the bar to receive sentence. The latter was the first to appear in Court, and after being asked if he had anything to say in his own behalf, and answering that he had not, was sentenced to hard labor in the penitentiary for life, where he was soon afterward taken. The sentence was received with but little or no emotion by the prisoner, and as no effort made by his counsel to get a new trial, we can readily infer that both they Beery were satisfied with the lenient justice of the verdict. Upon recei sentence, Beery was returned to his cell, and Cooper brought into Court.

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motion for a new trial was made by Cooper's counsel and promptly overruled by Judge Glidden. Before pronouncing sentence the Court asked the prisoner if he had anything to say why the penalty of the law should not be pronounced upon him. Thereupon, Cooper arose and answered that he had little to say about his innocence, but he could hardly feel as if he had been fairly dealt with, or he would not have been convicted of murder. He said he was not a smart, or an educated man, and could not speak very well, but did not think on the evidence against him, he ought to be hung. The prisoner then resumed his seat, and Judge Glidden, after an able and exhaustive summing up of the evidence upon which he was convicted, and showing beyond a reasonable doubt that he was guilty of the crime charged, sentenced him to be hanged on the 6th of April, 1866.

The verdict and sentence in the Cooper case gave universal satisfaction. It was the third in which the death penalty was pronounced upon a criminal in Portage County; and a full, thorough, unbiased review of the testimony can leave no shadow of doubt of the equal justice and propriety of the verdict, inflicting, as it did, upon the culprit, the direst penalty of the law. The terrible deed was deliberately planned and cruelly executed.

In the management of the Cooper and Beery trials, Judge Glidden exhibited an impartiality and clearness upon legal questions that commended him in a high degree to the bar, and the many hundreds of citizens who watched their progress. The attorneys for the State, Messrs. Willard and Hart, performed their duties with a fitting sense of the responsibility testing upon them, and with a zealous care that through no default of theirs should the interests of the people be allowed to suffer. Of the defense made for the prisoners by Messrs. Taylor, Horton and Conant, it can truly be said, that no man could have been defended with greater ability, pertinacity or zeal. Had the culprits been members of the most influential or wealthy families, instead of having to depend upon the county for their defense, greater efforts could not have been made in their behalf. The State thus throws her mantle of protection around the accused, guaranteeing him every chance for a fair and impartial trial.

After Cooper's conviction, he gave a history of his career. His real name was Samuel Wittum, and he was born in Elk Creek Township, Erie Co., Penn., a few miles east of the Ohio line, October 22, 1837. His father, Artemus Wittum, had previously resided in Ashtabula County, Ohio, and also in Indiana. Both his parents died when Samuel was about six years old, and he then went to live with a farmer named James Bird or Baird. This man treated him badly, and one of his sisters learning the facts came and took him away. He began life for himself on the Beaver & Erie Canal, and henceforth followed a wild, roving career. He was twice married, and is said to have been a gambler, counterfeiter, horse hief and murderer, and to have served a term in the Missouri penitentiary, ere committing the deed for which he finally suffered death. Wittum, or Cooper, as he is best known to our readers, was respited by the Governor from the 6th until the 27th of April, for the purpose of giving a sister living in the East an opportunity to visit him. Though at first professing repentance for his crime, he tried to break Jail three times, the last being a desperate attempt. He fiercely attacked Sheriff Jennings, secured a fastening bar used on one of the doors, and calling on some other prisoners for assistance, which they, however, refused, made a superhuman effort to gain his freedom. The alarm was given and the Jail soon surrounded by a crowd of excited citizens, and Cooper, seeing that escape was now impossible, threw down the bar and retired to his cell cursing and swearing like a maniac.

360 - HISTORY OF PORTAGE COUNTY.

He refused to allow the Sheriff to enter his cell for the purpose of putting irons on his hands and feet, and exhibiting a knife which he had in some unknown manner secured, swore he would kill any man who would attempt to do so. Science now came to the rescue, and a physician was called in who with a syringe drenched Cooper with chloroform until he lay upon the floor in a senseless condition. He was then heavily ironed, and so remained until his execution,' April 27, 1866, on a gallows erected in the southeast corner of the Jail.

A few months passed by, and the dark crime of murder once more stained the record of Portage County. On Monday, November 26, 1866, a young man named Wilson S. Roof entered the house of William A. Musson, at Mogadore, Suffield Township, and shot to death his wife, Mrs. Harriet Musson, while she was engaged in her daily labors. The murderer fled, and a reward of $550 was offered for his arrest, which was effected on Thanksgiving morning, November 29, in Stark County, about a mile and a half from Lima Station, on the Cleveland Sr Pittsburgh Railroad. The culprit was captured by James Roath, a farmer of that vicinity, to whom he confessed that he was the murderer of Mrs. Musson. Roath and William Wiles took the prisoner in a buggy to Lima Station, thence by train to Ravenna, where they arrived a little after noon, and delivered him to the Sheriff. The following Saturday Roof was examined before Justice Andrew Jackson. Prosecuting Attorney H. H. Willard and J. J. Hall, of Akron, appeared for the State, and Alphonso Hart and C. A. Reed for the defense. The prisoner pleaded not guilty to the charge of murder, and upon a thorough examination was remanded to Jail to await the action of the Court of Common Pleas.

Soon afterward the case took a new turn, and suspicion began to center on Milton Moore, a wealthy married man of Mogadore, doing business in Akron, as an accomplice in the murder of Mrs. Musson. In March, 1867, be was indicted for prompting and procuring Roof to commit the deed. It was rumored around Mogadore that Moore was a trifle too intimate with Roof 's, sister, Hattie, and the scandal soon became common gossip. During the absence of Mrs. Moore from home, Mrs. Musson (who was her cousin) it is said, wrote her regarding the talk that was going the rounds, and upon Mrs. Moore's return she parted temporarily from her husband. This it was claimed led up to the commission of the tragedy. Moore gave bail in $50,000 security, and the case came to trial May 27, 1867, before Hon. George M. Tuttle and the following jury: T. G. Austin, R. P. Cannon, C. 0. Foot, E. W. Grey, A. B. Griffin, Clark Norton, Isaac Brown, Charles Dudley, Ira Gardner, John Gillis, C. A. Mason and Joseph Preston. The attorneys for the State were H. H. Willard, A. J. Dyer, George Bliss, John McSweeney and Michael Stuart; and for the defense Ezra B. Taylor, S. W. McClure and J. J. Hall. The trial lasted five days, and though Roof swore positively to Moore's connection with the crime, the latter was acquitted on Friday, May 31. On the following day Roof pleaded guilty to the charge of murder in the second degree, and was sent to the penitentiary for life.

On the 20th of September, 1867, Charles E. Harris deliberately shot his son, Alfred L., a young business man of Bent. At the November term of the Court of Common Pleas he pleaded guilty to the indictment of " shooting with intent to kill," and was sentenced to the penitentiary for ten y The father's intemperate habits was the cause of the deed, and though the apparently recovered at the time, he has since died, it is claimed from effects of the shot.

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Frank M. Kelso, of Kent, was indicted at the January term, 1870, for murder in the second degree, James Montague, who died on or soon after November 18, 1869, being the victim. The trouble occurred through Kelso accusing Montague of stealing whisky from his (Kelso's) saloon, which the latter denied; A fight ensued, and it was claimed by the State that from injuries then received Montague subsequently died, his body being found November 28, in a cornfield some distance from the scene of the fight. The trial came off before Hon. P. B. Conant in the fall term of the Court of Common Pleas, 1870. Kelso's attorneys were Ezra B. Taylor and D. L. Rockwell, and the State was represented by Prosecuting Attorney C. A. Reed and Alphonso Hart. The accused was convicted of manslaughter, and sentenced to the penitentiary for one year. There was no premeditation in this affair, and such an unfortunate event as the death of Montague might result from one blow struck in passion during any ordinary quarrel. Upon the expiration of his term, Kelso returned to Kent, a reformed man, claiming hat he could now see the evil results of liquor selling, and said that his imprisonment was the best thing for him that could have happened. He engaged in railroading, and soon came to be regarded by his employers as one of the most peaceable and trustworthy men on the road.

The shooting of E. M. Newell by Orlando H. Roberts at Mantua, on Sunday, October 19, 1884, is the last killing that has occurred in this county. The shot was fired while the two were engaged in a controversy over some chestnuts, and Newell died about, a week afterward. Roberts gave himself up on the day of the shooting, and was placed in the county Jail at Ravenna, but subsequently he had a hearing before Justice Smith, who discharged him. Another trial took place before Justice Holcomb, who placed him under bonds of $1,000 to appear before the Court of Common Pleas at the January term. The grand jury indicted him for murder in the second degree, and the trial began before Hon. George F. Arrel on Monday, February 2, 1885. The attorneys for the State were Prosecutor I. T. Siddall and J. H. Nichols; and Hon. Luther Day and W. B. Thomas for the defendant. The defense labored to establish a case of self-defense, claiming that Newell was the aggressor. The jury retired on Thursday afternoon, and on Friday afternoon returned a verdict of guilty of assault and battery. A verdict of acquittal would have created much less surprise throughout the county, and the general opinion is that Roberts escaped with a very light sentence. On Saturday morning, February 7, Judge Arrel sentenced the defendant to three months in the county jail, and to pay a fine of $100 and costs.