(RETURN TO THE TITLE PAGE) 550 - AKRON AND SUMMIT COUNTY DR. ELWYN HUMPHREY,— son of Isaiah and Almira (Waite) Humphrey, was born in Twinsburg, Summit county, Ohio, May 29, 1836 ; after receiving a common school and academical education, he studied medicine, graduating from the medical department of Western Reserve College, in 1865, his home being then at Peninsula, where he successfully practiced medicine and surgery for more than twenty years. In the Spring of 1885 Dr. Humphrey moved to Akron, where he is now enjoying an extensive and lucrative practice. December 20, 1857, Dr. Humphrey was married to Miss Mary Holcomb, daughter of Sherlock and Mary (Richardson) Holcomb, of Hudson, who has borne him four children—Clarence M., born December 30, 1858, now a practicing physician in South Akron ; J. Lawrence, born September 13, 1860, died June 6,1861 ; Lillian May, born May 19, 1862, and Sybil Beulah, born October 27, 1868, both daughters now living with their parents in Akron. Dr. Humphrey is a member of the Northeastern Ohio Union Medical Association. AKRON LAWYERS, ANCIENT AND MODERN - 551 AKRON'S LEGAL STATUS. ATTORNEYS-AT-LAW.—Among the early lawyers of Akron were: Wolsey Wells, Gregory Powers, Alvah and Seneca L. Hand, William M. Dodge, Harvey H. Johnson, Lucius V. Bierce, David K. Cartter, George Bliss, John C. Singletary, William S. C. Otis, William W. Gaston, James D. Tayler, Charles G. Ladd, Roland 0. Hammond, George Kirkum, Henry. W. King, Frederick S. Hanford, Rufus P. Spalding, Daniel R. Tilden, Henry McKinney, Samuel W. McClure, John A. Pleasants, Charles A. Baldwin, Daniel B. Hadley, Charles Rinehart, Stephen H. Pitkin, Wilbur F. Sanders, N. W. Goodhue, Thomas F. Wildes, Charles B. Bernard, and the late Judge James S. Carpenter, portraits, with brief biographical sketches of Messrs. Carpenter, Goodhue, Sanders, Pitkin, McClure, McKinney, Spalding, King, Hammond, Ladd, Singletary, Bliss, Cartter, Bierce and Dodge, appearing elsewhere in this volume. After the portrait and sketch of Judge Carpenter were printed, in the earlier part of this work, while walking along the old "Chuckery" race, near Cuyahoga Falls, on August 13, 1891, by a misstep he was precipitated over the embankment, striking upon his head on the rocks some twelve feet below, fracturing his skull, from the effects of which he died the same evening, aged 85 years, 11 months and 26 days. HON. GEORGE BLISS,—born at Jericho, Vt., January 1,1813; came to Ohio in 1832 ; graduate of Granville College ; studied law in Akron, with David K. Cartter, late chief justice of the supreme court of the District of Columbia, and after admission to the bar was law partner of Mr. Cartter for several years ; was mayor of Akron in 1850; March 15, 1851, appointed by Gov. Reuben Wood, president judge of Court of Common Pleas, on the election of Judge Benjamin F. Wade to the U. S. senate, ably filling the position until the taking effect of the new constitution in February, 1852 ; member of congress from the 18th Ohio district, 1852-54, and, (having moved to Wooster), of the 14th district in the 38th Congress. Both at the bar, on the bench and in congress. Judge Bliss was shrewd, logical and profound ; in private life sympathetic, social, genial and witty. Judge Bliss was married January 16, 1856, to Miss Sarah J. Fish, of Williamstown, N. Y., who bore him five children—Florence, born September 9, 1857 ; George, January 16, 1859 ; Charles F., November 2,1.861; Leon, February 6, 1863 ; Junius, September, 1867. Judge Bliss died in Wooster, October 24, 1868, his family subsequently removing to Brooklyn, L. I., where they still reside. All having been liberally educated, the children of Judge Bliss are doing well in life—George and Junius, in commercial business, Charles practicing law, and Leon studying for the same profession. Judge Bliss was a younger brother of our well-known pioneer citizen, Ambrose W. Bliss, Esq.. of Northfield. Akron's present practicing attorneys, individual and firms are: George M. Anderson, present City Solicitor, room 2 city building; Johnson A. Arbogast, 209 East Market; Baird & Voris  552 - AKRON AND SUMMIT COUNTY. (Charles Baird and Edwin F. Voris), 108 East Market; Arthur F. Bartges, Academy of Music Building; John H. Campbell, 209 East Market; Frank D. Cassidy, 710 South Main; Newton Chalker, 130 South Howard, Jeremiah Deline, Arcade Block; Doyle & Bryan (Dayton A. Doyle and Frederick C. Bryan), room 3 Academy of Music; Green, Grant & Seiber (Edwin P. Green, Charles R Grant and George W. Seiber), Akron Savings Bank Block, corner Mill and Main; John J. Hall, Commercial Block, 209 East Market; Ernest C. Housel, 109 South Howard; Calvin Pease Humphrey, 116 East Market; Henry Ward Ingersoll, 110 South Howard; Adam E. Kling, room 13 Arcade Block; Kohler & Musser (Jacob A, Kohler and Harvey Musser), rooms 1 and 13 Arcade Block; Marvin, Atterholt, Slabaugh & Marvin (Ulysses L. Marvin, Frank N. Atterholt, Watson E. Slabaugh and David Leslie Marvin), rooms 7 and 8 Academy of Music; Lee K. Mihills, 110 South Howard; Nathan Morse, 110 South Howard; Otis & Otis (Edward P. and Ellsworth E. Otis), Arcade Block; Oviatt, Allen & Cobbs (Edward Oviatt, George G. Allen and Charles S. Cobbs), 102 North Howard; George K. Pardee, 112 South Howard; James D. Pardee, 127 South Howard; Wilson H. Pixley, 113, 115 East Market; James M. Poulson, 119 South Howard; Emory A. Prior, room 6, Arcade Block; Rogers and Wilhelm (Samuel G. Rogers and Andrew J. Wilhelm), 111 South Howard; Olin L. Sadler, 233 Carroll; Rolin W. Sadler, Paige Block, 146, 148 South Main; Henry C. Sanford, room 6, Arcade Block; William H. Sanford, room 6, Arcade Block; Henry K. Sauder, Court House; James W. Scott, 127 South Howard; Louis D. Seward, 113, 115 East Market; Rial M. Smith, room 6, Academy of Music; Edward W. Stuart, probate office, Court House; Frederick H. Stuart, Court House; Frank B. Theiss, 100 North Howard; Tibbals & Frank (Newell D. Tibbals and John C. Frank), room 1, Academy of Music; Tinker & Waters (Albert B. Tinker and Frank A. Waters), room 11, Arcade Block; Theodore W. Wakeman, 146, 148 South Main; Lorenzo Dow Watters, 113, 115 East Market; Welsh & Sawyer (James Welsh and Wm. T. Sawyer), 113 S. Howard; Horatio T. Willson, room 2, Arcade Block; George M. Wright, 108 E. Market. HON. DAVID K. CARTTER,—born in Jefferson county, N. Y., June 22, 1812 ; academic education ; from 12 to 14 worked in printing office of Thurlow Weed in Rochester ; studied law in Rochester and admitted to bar at 20 years of age ; came to Akron in 1836, forming a partnership with Alvah Hand, Esq., under the firm name of Hand & Cartter, and later with George Bliss, Esq., as Cartter & Bliss, a very strong legal team ; in 1845 removed to Massillon forming a partnership with Hon. H. B. Hurlbut, as Cartter & Hurlbut ; in 1848 was elected to Congress, as the candidate of the Democratic party, and was re-elected in 1850, serving four years ; in 1853 removed to Cleveland, espoused the Free Soil cause and entered heartily into the organization of the Republican party; a delegate to the Chicago convention, AKRON LAWYERS, ANCIENT AND MODERN - 553 in 1860, securing the transfer of a sufficient number of votes of the Ohio delegation from Salmon P. Chase to Mr. Lincoln, to secure his nomination over William H. Seward; in 1861, was appointed by President Lincoln as Minister to Bolivia, ably filling that position a year and a half ; in 1863, was appointed Chief Justice of the Supreme Court of the District of Columbia, which important office he continuously held nearly a quarter of a century, his death occurring April 17, 1887, aged 74 years, 9 months and 25 days. Judge Cartter was married to Miss Nancy H. Hanford, of Monroe county, N. Y., in 1836, who has borne him two sons—David and William, both of whom entered the army, during the war, the former dying in service, the latter now a prominent physician and surgeon, and the owner and manager of an extensive ranch in Kansas. Mrs. Cartter still resides in Washington. HON. CHRISTOPHER PARSONS WOLCOTT,—born in Wolcottville, Conn., December 17, 1820 ; moved with parents to Steubenville, Ohio, in 1833 ; graduated at Jefferson College, Pa., in 1840; read law with Tappan & Stanton in Steubenville ; on admission to the bar, in 1843, commenced practice in Ravenna, in partnership with Gen. L. V. Bierce, in January, 1846, removing to Akron and forming a partnership with William S. C. Otis, Esq., and on the removal of the latter to Cleveland becoming associated with Hon. William H. Upson, under the firm name of Wolcott & Upson, which arrangement continued until his death. On the death of Attorney Gen. F. D. Kimball, in 1856, Gov. Chase appointed Mr. Wolcott to fill the vacancy, to which office he was subsequently twice elected, the period of his incumbency being the most important in the history of the State, covering the Breslin Treasury defalcation and the Wellington Rescue Fugitive Slave Law episode; his argument before the Supreme Court of the United States, in January, 1861, against the return of the fugitives and the extradition of the rescuers, on the demand of the Governor of Kentucky, being, by order of the Court, spread in full upon the records of that court. In May, 1862, at the urgent request of Secretary of War, Edwin M. Stanton, he assumed the arduous duties of Assistant Secretary of War, Mr. Stanton in calling him to the position, saying: "I know I ought not to ask it of you, and fear the work will kill you, but I do not know where to look for aid, and if I do not have it now, I must give up myself." The prophecy was only too true. Entering upon the duties of the position with his customary energy and vigilance, saying, when remonstrated with by friends, " Why can I not give myself to my country as thousands of soldiers are doing every day," his health soon gave way under the strain, compelling his resignation the February following, Mr. Wolcott, after nearly two months of intense suffering, dying at his home in Akron, April 4, 1863. Mrs. Wolcott, sister of the late Edwin M. Stanton, still survives, residing at Sewickly, Pa. HON. HENRY McKINNEY,—born in Canfield, (then Trumbull, now Mahoning county), October 9, 1828 ; father of Scotch and mother of Connecticut revolutionary stock ; boyhood spent on farm, clearing land, splitting rails, chopping wood, etc.; educated in district schools, Farmington Academy and Twinsburg Institute ; studied law with Judge J. W. Tyler, of Garrettsville, and Judge S. W. McClure, at Cuyahoga Falls, and after admission to the bar, in 1850, entering into partnership with the latter, holding that relation 15 years ; elected prosecuting 554 - AKRON AND SUMMIT COUNTY. attorney of Summit county in 1856, and re-elected in 1858, serving four years ; removed to Akron in 1864, forming partnership with Judge N. D. Tibbals, which existed eight years ; appointed draft commissioner for Summit county, by Gov. Tod, in 1862, serving during the war ; in 1869 was elected state senator for Summit and Portage counties, serving two years ; in 1873 removed to Cleveland ; in 1880 elected judge of Cuyahoga county Common Pleas Court, and re-elected in 1885, two and a half years later resigning that honorable position and resuming the practice of the law. Judge McKinney was married in 1854 to Miss Henrietta Maria Stull, of Warren, who died in March, 1870, leaving three children, the Judge marrying for his second wife Miss Adelaide L. Remington, of Rutland, Vt., in 1872. HON. WILBUR F. SANDERS,— born in Leon, N. Y., May 2, 1834; September, 1854, came to Akron, teaching in High School and reading law with Upson & Edgerton ; admitted to bar in 1856; October, 1861, enlisted in the army, recruiting Company " G," 64th 0. V. I., and mustering in Sixth Ohio Battery, both part of Sherman's Brigade, organized by Hon. John Sherman, at Camp Buckingham, near Mansfield ; elected second and then first lieutenant of Company "G," on organization of regiment was selected adjutant, and on assuming command of the Brigade, by Col. Forsyth (of the regular army), was appointed A. A. G.; in winter of 1861, '62 assisted in constructing defenses to railroads from Nashville to Decatur and Stevenson, and thence back to Nashville, forming that triangle of transportation so efficient in supplying the troops in the center of our army of advance. Failing. health compelled his resignation in Summer of 1862. but in 1863 was lieutenant of Akron's contingent of "Squirrel Hunters,' so expeditiously gathered at Cincinnati, to repel the threatened invasion of Ohio by the rebel general, Kirby Smith ; the same fall accompanied his uncle, Hon. Sidney Edgerton, Chief Justice of the territory of Idaho,. to Bannock City, in what was in 1864 organized as the territory of Montana, with Judge Edgerton as Governor. That portion of Idaho being overrun with highway robbers and murderers, Mr. Sanders, well qualified therefor by his legal as well as military experience, organized the merchants, miners and other citizens into a vigilance committee, of which he was the prosecuting officer, and by hanging some fifty of the desperadoes, and banishing many others, quiet and peace was restored, which has ever since been maintained. He has officiated as president of the Mining Exchange, and of the Union League ; Grand Master, F. & A. M.; U. S. Attorney under President Grant; eight years as member of the territorial legislature ; twenty-five years president of Montana Historical Society; president board of trustees Montana Wesleyan University ; was Republican candidate for delegate to Congress in 1864, '67, '80, '86, but defeated ; and in 1890 was unanimously elected United States Senator from the newly organized State of Montana, his term expiring in 1893. October 27, 1858, Mr. Sanders was married to Miss Harriet P. Fenn, of Tallmadge, who has borne him three children—James, now a lawyer in Helena ; Wilbur, mining engineer; Lewis, now a student in Columbia College. 555 - AKRON LAWYERS, ANCIENT AND MODERN. GEN. RUSSELL A. ALGER,—born in Lafayette, Medina county, O., February 27, 1836; raised to farm life; educated in district schools and Richfield Academy, working for his board, teaching school the last two winters of his course ; 1857-59 read law in office of Wolcott & Upson, in Akron, and admitted to the bar by Supreme Court at Columbus, practicing a short time in Cleveland ; in 1860 engaged in lumber business at Grand Rapids, Mich. ; in August, 1861, enlisted as private in Second Michigan Cavalry, being mustered in September 2, as captain ; promoted to major April 25, 1862 ; wounded and taken prisoner at Booneville, Miss., July 1,1862 ; promoted to lieutenant colonel February 28, 1863 ; wounded at Boonesboro, Md., July 8, 1863 ; resigned and honorably discharged September 20, 1864, after having participated in 66 battles and skirmishes ; brevetted brigadier-general for gallantry at Trevillian Station, Va., June 11, 1864, and major-general June 11,1865, for gallant and meritorious services during the war. On retiring from the army Gen. Alger engaged in the lumber and shipping trade at Detroit, in which he has accumulated a fine fortune, which he is dispensing with a liberal hand, in the promotion of private and public enterprises and the various religious, benevolent and patriotic schemes of the day. In 1884 Gen. Alger was elected governor of Michigan, ably serving two years, and declining a re-election ; in 1888 received 142 electoral votes for president in the Chicago Convention. Gen. Alger in 1890, '91 was national commander of the Grand Army of the Republic, and one of the most popular and successful leaders that patriotic order has ever had. ROLIN W. SADLER,—born in Centerville, St. Joseph county, Mich., July 7, 1856; at the age of eleven removing to Bryan, Ohio, and two years later to Wauseon; in 1871 entered Baldwin University and a year later Mt. Union College, from which he graduated in 1874. After teaching two years, as principal of schools at Reading, Mich., and Bedford, Ohio, in 1876 he entered the law office of Edgerton & Kohler, as student, being admitted to the bar in 1878, since which time he has been in a continuous and phenomenally successful practice in Akron, for several years in partnership with Hon. Jacob A. Kohler, but since January, 1887, upon his own account. September 15, 1880, Mr. Sadler was married to Miss Carrie M. Comstock, of Bedford, who has borne him two children—Edna Dean, born December 4, 1882 and Alden Howard, born March 20, 1886. In addition to his law. business, Mr. Sadler is a stockholder in the Akron Savings Bank, The F. Schumacher Milling Company, the Akron Tool Company, the Enterprise Manufacturing Company, with other material interests in Akron and elsewhere. 556 - AKRON AND SUMMIT COUNTY. NEWTON CHALKER,—son of James and Eliza (Hyde) Chalker, born at Southington, Ohio, September 12, 1842; educated in district schools and at Western Reserve Seminary, Farmington, Ohio, teaching school winters from 16 to 20 years of age; June, 1862, enlisted in Company B, 87th Regiment 0. V. I., serving till the following October; in 1863, entered Allegheny College, at Meadville, graduating in June, 1866; same Fall elected principal of Dixon (Ill.) Seminary, serving one year; the next year filling the position of superintendent of the Darlington (Wis.) Union Schools; August 1868, entered Law Department of Albany (N. Y.) University, graduating in June 1869. Soon after graduation, Mr. Chalker opened a law office in Cameron, Mo., where he remained five fears, on August 14, 1874, establishing an office in Akron, enjoying a reasonably successful and lucrative practice to the present time. Mr. Chalker's parents, James and Elizabeth (Hyde) Chalker are among the most highly respected citizens of Trumbull county, Mr. Chalker, himself, still remaining unmarried. DAVID LESLIE MARVIN,--son of Judge Ulysses L. and Mrs. Dorena (Rockwell) Marvin, was born at Kent, Ohio, November 17, 1862, removing with parents to Akron in 1867 ; educated in Akron public schools and at Kenyon College, at Gambier ; in November, 1882, was appointed an examiner in the U. S. Pension office, at Washington, by faithful service, earning a promotion to second grade ; resigned in June, 1884, to engage in newspaper work during centennial cotton exposition at New Orleans ; spending the year 1885 in Chicago, February 9, 1886, was elected assistant engineer of the board of public works of Ohio, and re-elected in 1888 and 1890; while filling this position spent his evenings and other spare moments in reading law, being admitted to the bar in December, 1889. February 15, 1891, resigning his position as assistant engineer, began practice in Akron as junior member of the law firni of Marvin, Afirmolt, Slabaugli Marvin, the pughc works superintendents, on his resignation, adopting a resolution, expressing their regret "to part with him, both as a friend and as an official," and that "he has discharged his duties with marked ability and fidelity, and manifested uniform kindness and courtesy in all his relations with us." Mr. Marvin was married May 16, 1888, at Shelby, Ohio, to Frances Saxe Fish. Mr. and Mrs. M. are members of St. Paul's Episcopal Church, Mr. N. being in politics a stanch Republican; is a member of Ohio Commander.), of the Loyal Legion ; Cleveland Lodge, B. P. 0. E.; Columbus Lodge, K. of H., and Iola Chapter, P. S. 1. Upsilon Fraternity. 557 - AN APPROPRIATE CONCLUSION. AKRON'S ORIGINAL PROPRIETORS. JUDGE LEICESTER KING,— born in Suffield, Conn., May 1, 1789 ; married to Julia Anne Huntington, October 12, 1814 ; after short residence, as merchant, in Westfield, Mass., went to Natchez, Miss., but declining bright prospects of business there, because of abhorrent impression in regard to human slavery, in 1817, settled, as merchant, in Warren, Ohio ; in 1831, with Gen. Simon Perkins and Dr. Eliakim Crosby, laid out North Akron, and constructed the Cascade Mill race, giving to Akron its start as a manufacturing center ; Associate Judge of Trumbull County one term of seven years ; State Senator, two terms, 1835-39 ; large promoter of Pennsylvania and Ohio Canal ; in 1842 Liberty candidate for Governor and renominated in 1844; Liberty nominee for Vice President in 1848, but resigned in favor of Charles Francis Adams, Free-Soil candidate ; ever promotive of Akron's growth and prosperity, in 1836 erected a barn with the intention of establishing his home on the grounds now occupied by Hon. Lewis Miller. Mrs. King dying in 1849, June 10, 1852, Judge King was again married, to Mrs. Calista M. Howard, eldest daughter of Dr. Crosby, who still survives ; the Judge himself dying at Bloomfield, Trumbull County, September 19, 1856, aged 67 years, 4 months, 18 days ; five of his seven children surviving him. As a fitting close to the foregoing chapters, delineating Akron's. comparatively brief, but remarkably prosperous career, the accompanying portrait and biography of Judge Leicester King, may very properly be here given. In addition to his hearty co-operation with General Simon Perkins and Doctor Eliakim Crosby, heretofore alluded to, in the founding of what, in an early day, was known as North Akron, the building of the Cascade mill race, and the construction of the Pennsylvania and Ohio Canal - freely appropriating his own private funds in their promotion Judge King at the same time gave substantial aid to many private enterprises--notably the building of the Cascade Mill, by Mr. William B. Mitchell, in 1840, and the Empire Hotel, by Mr. William H. Burroughs, in 1844, '45. Like his co-partners, also, Judge King was extremely liberal in regard to deferred payments on lands purchased from him, on which the purchasers had made substantial improvements, thereby enabling many persons, during the several early panics written of, to retain their humble homes, which, under a less lenient creditor, would have been ruthlessly sacrificed. Judge King, and his early associates, Messrs. Perkins and Crosby, should ever be held in kindly remembrance by those who now enjoy, or may hereafter enjoy, the fruits of their wise labors in what, in the beginning, was a very forbidding locality. CHAPTER XIX. SUMMIT COUNTY'S TORNADOES-THE STOW DISASTER OF OCTOBER 20, 1837-DWELLING HOUSE DEMOLISHED AND FOUR PERSONS KILLED--OTHER DAMAGES TN THE NEIGHBORHOOD-PREVIOUS AND SUBSEQUENT STORMS- THE SHARON, COPLEY AND SPRINGFIELD BLOW OF APRIL 8, 1890, LEAVING DEATH AND DESTRUCTION IN ITS TRACK-AKRON'S FRIGHTFUL BUT FORTUNATE VISITATION, MAY 10, 1890, ETC.-BARBERTON'S FATAL CALL, DECEMBER 23, 1890. AKRON'S FAVORABLE LOCATION. AKRON and Summit county seem to have been phenomenally exempt from the terrible storms, devastating floods and destructive whirlwinds so largely prevalent in the west and south, and of not infrequent occurrence in the State of Ohio. Located as it is upon a summit, Akron cannot suffer greatly from floods, except from cloud-bursts, or the giving away of the banks of Summit Lake, or the State reservoirs immediately to the south of us, the danger from which is very remote indeed. Numerous gaps in the primeval forests, strewn with broken-off or uprooted trees of large growth, however, indicated to the early settlers that in the creation of these extensive "windfalls," as they were called, very furious tornadoes must have previously, from time to time prevailed, while wide-apart localities have occasionally been thus visited since the settlement of the country began—the course of such storms being generally from west to east with occasional divergence from both southwesterly to northeasterly and from northwesterly to southeasterly. THE GREAT STOW CALAMITY OF 1837. Though both orchards as well as forests had been prostrated, fences, roofs and chimneys blown away, with occasional loss of poultry and other farm stock, by these severe wind-storms, the first tornado in what is now Summit county, involving the loss of human life, occurred in the township of Stow, on the night of October 20, 1837, just north of what is now known as Silver Lake, a full description of which is given in the chapter devoted to Stow township in this volume, and need not be given in detail here. It may be said generally, however, that the storm in question occurred in the darkness of the early morning (about 4 o'clock), with no eye-witnesses to testify of its apearance when approaching or or departing. Striking the ground near Gilbert's Corners, on the west, or diagonal road from Cuyahoga Falls to Hudson, pursuing a northeasterly course, and evidently scooping up a considerable portion of the water, sand, weeds, etc., of the intervening pond (now known as Crystal Lake), it entirely demolished the substantial story and a-half frame house of Mr. Frederick Sanford, on the present site of Mr. William. L. Hanford's residence, on the East and West Center road, killing four out of six of its inmates—Mr. Sanford, his two sons, Charles and Norman, and his mother-in-law, Mrs. Mary Collins, some of their lighter household effects being SUMMIT COUNTY'S TORNADOES - 559 found some five miles from the scene of the fatal disaster, considerable other damage also being done to other property in the immediate neighborhood. THE SHARON, COPLEY AND SPRINGFIELD TORNADO. Between six and seven o'clock, on the evening of Tuesday, April 8, 1890, a fearful and fatal storm, assuming the proportions of a destructive tornado, passed over the townships of Sharon, in Medina county, and Copley, Coventry and Springfield, in Summit county, its course unlike most of the other similar storms occurring in this vicinity, being from northwesterly to southeasterly. The storm struck the ground in the west portion of Sharon township. It was seen approaching, and many people sought safety in cellars, thus escaping serious personal injury, but all were not so fortunate. The first building destroyed was the large barn of Mr. James Hartman, next the house and barn of Uriah Werstler, of Wadsworth, occupied by his son-in-law, Jacob Durr, were razed to the ground; next the fine barn of Washington Crane was completely destroyed, together with the roof of his horse shed; next the large barn of R. M. Brown, was demolished. Here, near the center of Sharon, the tornado seemed to rise, doing but slight damage in and about the village itself—unroofing the Methodist church, blowing down chimneys, etc. Rising and falling, playing sad havoc with forest trees, sugar groves and fruit orchards, a mile southeast of the Center, the new bank barn and wagon house of Mr. Christian Wall were completely demolished, a fine lot of timber, shrubbery, etc., in front of the house of Mr. James T. Hammond, torn up; the house of Mr. Reason Wall twisted from its foundation; the barn of Mr. Frank Bramley being carried away, and Mr. Bramley deposited among the falling timbers several rods away, with serious internal injuries, eight horses remaining standing in their stalls unhurt. The house of Mr. Bramley was also whirled into the air, falling a mass of ruins a short distance from the foundation, caught fire from the kitchen stove and was entirely consumed. Plowing its way through a dense piece of timber, the tornado next struck the house and barn of Mr. Hughes Frank, on the east line of Sharon township. Hearing the storm coming, Mr. and Mrs. Frank started for the cellar, but before reaching it, the building was lifted from its foundation, and, amid breaking and falling timbers, both of them were hurled several rods away, the wreck of the two buildings being scattered along the track of the tornado fully 300 yards. Mr. Frank was killed outright, and Mrs. Frank was, so badly injured that' her life was for several months despaired of, and she is even now but the wreck of her former self. A favorite dog of Mr. Frank's was also instantly killed. Mr. Henry Wall's new 40x 80 barn, a short distance southeast of Mr. Frank's, was completely demolished, a yearling heifer being killed and Mr. N. L. Fulmer, who was milking a cow in the yard, was carried 150 feet away and deposited in a wheat field, seriously injured. SPRINGFIELD NEXT VISITED. While the heavy rain, hail, thunder, lightning and furious wind accompanying the storm, continued to rage, doing considerable 560 - AKRON AND SUMMIT COUNTY. damage in Akron and other points, along its track, the tornado proper, after leaving Mr. Wall, lifted itself into the upper air, and passing over the eastern portion of Copley and the northern portion of Coventry, again struck the earth in the township of Springfield, about a mile and a half south of the White Grocery. Leveling fences, trees, etc., on the premises of Mr. William H. Jones, on the Massillon road, the two-story residence of Mr. Scott Sweitzer, a short distance to the southeast, was entirely demolished. Mr. and Mrs. Sweitzer, with their two children, were on the cellar stairs, seeking a place of safety, and though suddenly dropping to the bottom of the cellar, as the stairs were wrenched from under them, they escaped with serious, but not fatal, injuries. They also lost their barn, hog pen, chicken coop, carriages, chickens, pigs, etc. A quarter of a mile further on the log house occupied by Mr. Henry Robinson was unroofed, and about the same distance beyond, the Washington Rhodanbaugh house was unroofed and the barn blown down. Passing over or around Springfield Lake, the storm again took a southeasterly course, destroying Elias Kurtz's orchard, racking his house and partially unroofing his barn; next racking the house, unroofing the barn, uprooting the fruit trees, and prostrating the fences upon the farm of Eli Funk; then mowing down a large tract of heavy timber for Mr. George Wise; next totally demolishing the barn of Mr. Abraham Heimbaugh, killing several cattle; blowing away the log house of a Mr. Callahan; twisting from its foundation the house of Mr. Elias Lilly, unroofing the house and barn of Milton Pontious; blowing away the barn and sheep shed of Mr. Andrew Falor, and pursuing its course of devastation some distance into Stark county. AKRON'S GREAT VISITATION, MAY 10, 1890. During the afternoon of Saturday, May 10, 1890, Akron was visited, with a succession of very heavy showers, with quite a stiff southwesterly breeze. After a short respite, and a partial clearing up, about 5 o'clock, a half hour later, two dense black clouds from the southwest and northwest, respectively, were observed rapidly approaching each other, with angry roars near the southwesterly corner of the city. On coming in contact, like two mighty giants wrestling, they seemed to engage in a nearly stationary, but fear ful struggle for a moment, when, having assumed the shape of an immense rapidly rotating inverted cone, with a madly terrific roar, it rushed city-ward, first striking the ground a little east of the Ohio Canal, just south of West Thornton street, and pursuing its course of devastation diagonally through the entire city, made its exit at the northeast corner in the vicinity of the "Old Forge." The first building struck was the 'small frame house of Mr. Wilson Kiplinger, south of Thornton street. The house was entirely demolished and the inmates, furniture, stove, etc., promiscuously piled together, a fire soon starting from the burning coals, but fortunately the family, though some what bruised and burned, escaped without serious bodily injury. Slightly lifting, but still uncomfortably near the surface, the storm crossed Thornton street; besides other slight damage to trees and fences, uprooting ten large apple trees on the lot of W. S. Youtz, about the same number On the lot of William Fink, several large trees and the grape arbor of Thomas B. Moore, corner of SUMMIT COUNTY'S TORNADOES - 561 Coburn and Thornton streets, badly damaging the houses and trees of E. Colloredo and J. L. Serfass, west side of, Coburn, and the premises of Felix Sell, Charles H. Jennings, John Stutz, S. B. Foster and Louis B. Stahl, east side Coburn ; John H. Campbell, George Pellinger, Oliver P. Falor, Samuel Steffe, Mrs. Mary Winkleman, Fire Station No. 4 and other property on South Main, north of Thornton; of F. G. Stipe, Charles Criss, Frank Miller and others on South High, Broadway and Fair streets. GETTING DOWN TO BUSINESS AGAIN. Leaving a large amount of valuable property, between Main street and the railroads comparatively uninjured, the tornado began to get down to earnest work again on the east side, leveling huge trees and seriously damaging buildings near the intersection of Washington and Cross streets, and for half a mile along Wolf Ledge, and another half mile northeasterly its ravages were almost unintermitted as the following list of casualties will show: One-story house of Dominick Gritter, 404 Cross street, partly unroofed, windows blown in and Mrs. Gritter slightly injured; barn of M. F. Kearns blown down and contents scattered; two houses of John Van Alt, Washington and Cross, badly damaged; house of John Bruegger, 207 Washington street, twisted from its foundation and badly wrecked; house of Peter Austgen, 406 Cross street, turned half around and badly shattered; August Schaffer's shoe shop, 178 Grant street, turned upside down; house belonging to Julius Loepke, occupied by Mr: Schaffer's family, and by Frank Wagner, as a barber shop, lifted from its foundation, turned partly around and thrown against Turner Halle, adjoining on the north, which was also badly wrecked, roof partly torn off, windows crushed in, siding' broken by flying timbers and interior deluged with water; here also a horse hitched to a wagon was instantly killed by a displaced electric wire falling across its neck; on the east side of Grant street, the house of Anthony Mennel was turned over and other damage done, as shown in the accompanying cut.. The kitchen of Jacob Neubauer, Grant and Cross streets, was blown away; house of Gebhard Hermann, 505 Cross street, badly wrecked, the kitchen in which nine persons were eating supper, torn from the main building and rolled over and over, 50 yards, the clothes of a 12 year old girl taking fire and quite seriously burning her, before Mr. Hermann could extricate himself from the wreck to extinguish the flames; Mrs. Hermann and one or two other children also being slightly injured, the entire family, however, miraculously escaping with their lives. The house of Louis Leffler, 507 Cross street, and other contiguous property, was also seriously damaged, the above cut illustrating the condition of things in this vicinity as shown by the camera the following day. SUMMIT COUNTY'S TORNADOES - 563 The tornado now leaped diagonally across Wolf Ledge, and dipping into the gorge, struck the brewery of Mrs. Margaretha Burkhardt, 154, 156 Sherman street, totally demolishing the barn, wrecking the dormitory, ice house, etc., and partially unroofing the brewery as shown in part by the preceding and following cuts.. From the brewery, driving across several acres of unoccupied territory, prostrating a number of immense forest trees in its course, its next point of attack was upon the east side of Sumner street, badly shattering the house of Harry R. Sanford, at 517, and that of Charles Walter, adjoining upon the north, blowing off part of the roof, crushing in windows, etc., and completely demolishing the barns and outhouses in the rear of both. The houses of John. Miller and Mrs. Odell, on this street, were also seriously damaged. On Sterling Court, the house of Edward Esker was twisted on foundation, and a house belonging to Mr. John Memmer seriously damaged. 564 - AKRON AND SUMMIT COUNTY. On Allyn street, south of Wheeler, sad havoc was accomplished. The house of. Frank Kuntz, facing east, was lifted forward from its foundation several feet and canted over toward the south, while the house of Otto Miller, adjoining on the south, had the kitchen entirely demolished and the main building thrown from its foundation and canted over towards the north, as shown by the foregoing view; Charles S. Wilhelm's house on the south, also being considerably damaged. Directly opposite, on Allyn street, a new unoccupied house, belonging to August C. Miller, was entirely destroyed, as was also the somewhat smaller structure of F. Allen Coup, the ruins of both of which are shown in the following cut: Passing on from here, besides toppling over many chimneys, and leveling innumerable fences, trees, outbuildings, etc., on and near Brown street, the residences of Charles G. Angne, 206, Dr. Elwyn Humphrey, 208, Hiram N. Henninger, 210, and John Klinger 314, were more or less seriously damaged, the barn of Dr. Humphrey being entirely destroyed. On Wheeler street, the house of George Roussert, was moved several feet on its foundation and badly wrenched; the house occupied by A. J. Christman, 117 Kling street; the houses owned by Frank Howe, occupied by D. Bart Curran, 115, George A. Rost, 113 and Thomas Gilligan, 211 Kling street were quite badly damaged, every window of the latter being blown in, and a large hole made in the roof. Remorselessly rushing on, the large two-story frame building of Mr. Orin C. Baker, northeast corner Brown and Exchange streets, the first floor occupied as a grocery store, and the second story as a family residence, was instantly leveled to its foundation, as graphically told by the engraving on the opposite page. Hearing and seeing the terrible storm approaching, the inmates of the building rushed frantically to the cellar, the crash coming almost the instant they reached the foot of the stairs, one wall, 20 feet square, being blown 50 feet away, many of the timbers of the building being carried at least 100 feet, and large adjacent trees ruthlessly laid low. The house. of Charles Ingham, southwest corner Brown and Exchange streets, was also badly damaged. The house of Wilhelmina Bolte and Albert Funk, 703 East Exchange, badly damaged in roof, and barn in rear, with a fine buggy, were entirely destroyed, and a horse so badly injured SUMMIT COUNTY'S TORNADOES - 565 that it had to be killed. The house occupied by Edwin S. Harrington, 707 East Exchange, was moved from its foundation and the rear crushed in, but the inmates took refuge in the cellar and escaped unharmed. The houses of Howard A. Falor, Mrs. Susan Bowers, James K. Chapman and Arthur E. Myers, were seriously injured, the latter, in process of erection, being blown flat down.   Thomas H. Thompson, wife and two children, on Nash street, northeast of Baker's grocery, heard the storm coming and fled to the cellar, but had scarcely reached it before the house was lifted from its foundation and dumped in the yard, an irreparable ruin. On Vine street the nursery of Lucius Rose was largely damaged, including the prostration of his large wind-mill, and sad havoc made with the roofs, chimneys, windows, trees and out buildings of John Rawlins, Henry Stocker, A. L. Dickinson and others. The fine orchard of Lee K. Mihills, Esq.,.133 Brown street, was largely destroyed, one tree falling on top of the house, while similar destruction was visited upon the orchard of Nathan Morse, Esq., 215 Spicer street. At 302 Spicer street, the one-story house of Miss Lena L. Kling was almost entirely unroofed and a large tree in the front yard prostrated; an unoccupied house across the street had a great hole torn in its side, while the remnants of a frame barn strewed the back yard. Philip Webber's two-story barn, 307 Spicer, was neatly tipped over upon its side, and the houses of. J. T. Powell and B. T. Willson seriously injured. On Vine street, the house of William Stein was unroofed and otherwise damaged, John Spicer's new barn was tipped over on its side, and Henry Strunk's house was badly shattered, both outside and inside. Leveling intervening outhouses, trees, fences, etc., the next serious damage to buildings was at the works of the Ohio Stoneware Company, 115 to 119 Fountain street, the building, a two-story brick, 60x100 feet in size, was struck broadside on, blowing off the 566 - AKRON AND SUMMIT COUNTY. entire upper story and a portion of the lower walls and one of the stacks, and but for the fact that the Workmen had all just started for their respective homes, serious loss of life would have been inevitable. Following is a view of the wreck the day after the storm A few rods northeast of the demolished pottery stood the fine brick barn of Mr. Frank J. Knapp. Mr. Knapp was in the barn grooming his horses when the storm struck. Hearing it coming, he pressed himself against the wall, thus escaping personal injury from the shower of brick and timber that came pouring down, though the horses were somewhat injured thereby. The following cut only partially tells the story, for in addition to the brick barn, a small frame barn, and large hennery were entirely blown away, together with some 25 or 30 fine chickens, while the slate roof and chimneys upon Mr. Knapp's house were also seriously damaged. SUMMIT COUNTY'S TORNADOES - 567 Leaving Fountain street, the storm struck the south end of Louis Benson's house, 342 Carroll street, cutting off several feet of the gable, then bounding over the house of Edward Osterstock, stripping off its chimney only, it utterly demolished the house of Malvern S. Irish, at 350 Carroll street, the structure being hurled from its foundation 30 or 40 feet, and entirely disintegrated, timber from timber. Mr. and Mrs. Irish and their two boys were seated at the supper table, and hearing the storm coming, Mrs. Irish and the two boys started for the cellar, followed none too soon by Mr. Irish, who was at first rather inclined to scout the idea of danger, for while yet on the stairs the crash came, a heavy beam knocking him down and falling across his thighs, imprisoning him in the wreck. Both Mr. and Mrs. Irish were pretty badly shaken up, physically and mentally; but providentially escaped serious injury, while the boys came out entirely unharmed. Passing down Carroll street, leveling all telephone and electric light poles and twisting off a two-foot solid elm tree, veering to the north and crossing the street, the house of Walter E. Frick, at 355, was unroofed, and otherwise seriously damaged. Slightly damaging the house of Mr. Jacob C. Whitmore, 357, the next house to seriously suffer was that of Mrs. Eliza Jewell, 361, the front of which was crushed in and the building moved several feet from its foundation, Mrs. Jewell and her son George wisely seeking safety in the cellar. Leaving the two intervening houses unscathed, the house of Mr. Alvin D. Alexander, 367, was next struck, and, twisted from its foundation, and badly shattered, was careened over towards its near neighbor upon the east, Mrs. Alexander and her child, alone in the house at the time, escaping with but slight injury. The house of Mrs. Kate O'Connell, upon the east, was also badly shattered, and thrown from its foundation, in an opposite direction from that of its neighbor, as seen in the accompanying cut. Sweeping across the open space between Carroll street and Buchtel avenue and East Market street, fences, trees, sheds, chimneys, etc., were blown away, the houses of William Spafford, 616, Joseph Moon, 622, Patrick Flanagan, 626, Aaron N. Straw, 630, Buchtel avenue; and the green houses of Henry H. Brown, opposite, were slightly damaged, while the fine residence of Rober 568 - AKRON AND SUMMIT COUNTY. Watt, at the junction of Buchtel avenue and East Market street, was partially unroofed and otherwise seriously injured. Crossing East Market street, prostrating several fine apple trees in the orchard of Mr. N. B. Stone ; twisting off the chimneys from the houses of councilman Charles S. Hart and others, partially unroofing the house of Mrs. Mary Cotter and somewhat damaging the house of Mrs. George Barber, the storm, sweeping northward through "Cotter's woods," and after doing considerable damage to chimneys, out-buildings, fences, trees, etc., on Hazel, Upson and Jewett streets, lifted itself from the valley and took its way towards Tallmadge, though without doing any material damage in that direction, after leaving the city limits; the track of the tornado, diagonally through the city, being fully two and a half miles in length, though scarcely averaging more than 100 feet in width. It has not been attempted in this sketch to mention, in detail, all the minor effects of this disastrous visitation, but only to give its more salient features. The, aggregate losses were probably from $30,000 to $50,000. A considerable portion of this loss–orchards, shade trees, etc., was irreparable by immediate money expenditure, while many of the other sufferers, though seriously inconvenienced, were able to repair their own damages without serious pecuniary embarrassment. Another portion, however, were less fortunately situated, depending wholly upon their daily labor for daily bread. For the benefit of this class, a relief fund of some $10,000 was raised, and distributed by a committee prorata, according to losses and necessities, thus mitigating to a large extent the unfortunate visitation—though extremely fortunate in that no loss of human life or serious bodily injury was occasioned thereby. THE BARBERTON DISASTER In Akron's young and, vigorous suburb, Barberton, adjoining the village of New Portage, elsewhere written of, was being erected, in the fall of 1890, by the Creedmoor Cartridge Company, a three story brick factory, 40x 150 feet in size. The walls had been nearly completed and the workmen were engaged in placing upon them the timbers for the roof, when, at about 3:30 o'clock P. m., Tuesday, December 23, 1890, a high wind, over the middle portion of Summit county, from the southwest, assuming the form of a tornado as it approached the building in question, crushed in both side walls, down to the first story, taking down with them and the falling timbers, several of the workmen, one of whom, John Triplett, of Coventry, was instantly killed, and five others more or less seriously injured. The injured were : Louis Navel, of Millersburg, spine injured and left arm broken; Frank Mallory, of Lafayette, left shoulder dislocated and left arm injured ; Horatio Leib, of New Portage, right arm injured; Isaiah Lower, New Portage, back hurt, back of head badly bruised and injured internally; T. F. Homer, Akron, back badly injured. John Triplett, the man who was killed, was blown entirely clear of the building, having a sheer fall of about 45 feet, breaking his neck, badly tearing the scalp on the back of his head, and inflicting a frightful gash over the right eye. He was 28 years of age, and left a wife and two children to mourn his fearful death. Mr. Ohio C. Barber, one of the proprietors of Barberton, with his characteristic liberality, promptly contributed $500 for the benefit of the sufferers. CHAPTER XX. AKRON'S FIRST, LAST AND ONLY HOMICIDE—THE SIXTH WARD WIFE - MURDER—TERRIBLE BRUTALITY OF A WHISKEY-SELLING, WHISKEY-DRINKING FIEND—" WATT" HENRY'S FATAL ASSAULT UPON HIS WIFE, BRIDGET HENRY—HORRIBLE SUFFERING AND DEATH OF VICTIM—AN EXCITED POPULACE—LYNCH LAW TALKED OF—ARREST, TRIAL AND CONVICTION— MURDER IN THE SECOND DEGREE—IMPRISONMENT FOR LIFE, ETC. AKRON'S FIRST REAL HOMICIDE. THOUGH many deaths have resulted from sudden quarrels between both sober and intoxicated parties, or from gross carelessness in the handling of fire-arms or deadly poisons, during the half century, and over, of Akron's existence, the case in hand is the only instance in which a person has ever been put upon trial for wilful and premeditated murder, committed within the limits of the city, during its entire history. PARTIES TO THE TRAGEDY. Walter Henry was born in Ireland, about the year 1848, but about the time of attaining his majority immigrated to the United States, settling in Middlebury, where he already had several relatives. There, on the 21st day of January, 1878, he was married to Miss Bridget Doyle, of the same nationality as himself, (several years his senior), and a sister of Mr. Thomas Doyle, a moulder, then and now in the employ of Taplin, Rice & Co., and residing on Adams street. They soon afterwards engaged in saloon keeping t No. 143 Water street, the property of the twain, both real and personal, being vested in the wife. The saloon and family residence were in the same building, Mrs. Henry, in addition to her household duties, also assisting in the saloon, as occasion required. The character of the husband may be inferred from the fact that he kept, in spite of the remonstrances of his wife, a savage bull-dog in a small enclosure adjoining the saloon, to pit against any similar quadruped that his bibulous customers might produce, for which disgraceful pastime, on complaint of neighbors, he was brought before the writer, as mayor, in July, 1881, and fined. HIS OWN " BEST CUSTOMER."—In the whisky-drinking line, "Watt" at length became one of his own "best customers," so far as the quantity of liquor drank was concerned, often becoming grossly intoxicated in his own place, and frequently going the rounds of the other saloons in the city and neighborhood on a general spree, usually winding up by the most brutal abuse of his ' wife, cursing, beating, kicking, etc., often having been heard to threaten her life by neighbors, too timid to interfere for her protection. THE FATAL ASSAULT. —On the 18th day of December, 1884, "Watt," after getting pretty " full " at his own place, made the rounds of the city in the buggy of an equally breezy companion. Returning late in the evening, he immediately began to abuse his 570 - AKRON AND SUMMIT COUNTY. wife, who remarked that when she next saw the man who had taken him away, she would tell him what she thought of him. At that " Watt " knocked Mrs. Henry down with his fist, and, while she begged him most piteously not to kill her, as heard by several neighbors, he began kicking and stamping her with his heavy boots, terribly bruising her about the head (nearly severing one (4 her ears), shoulders, sides, chest, (breaking three ribs), arms, legs and abdomen, (producing frightful external and internal wounds,) left her insensible upon the floor, and turning the key in the door, spent the balance of the night in .a neighboring livery stable. THE INJURED WOMAN'S STORY.—Recovering consciousness, Mrs. Henry crawled to her bed, where, without undressing, she remained alone, without light or fire, all night. The next morning, about eight o'clock, a neighbor, Mrs. Phoebe Barlow, called at the door, and, finding the door locked, with the key upon the outside, turned the key and went in. On entering the bed-room, and finding the injured woman thus lying upon the bed, with both eyes blackened and swollen, and her ears, neck and hair covered with clotted blood, she inquired: "Mrs. Henry, who has done this to you ?" Mrs. Henry replied: " Watt has done it. I am pounded to death." Though able to be up and to walk about the house, a part of the time for several days, she repeatedly stated that she was going to die; that Watt had pounded her to death, as he had so often threatened to do. Mrs. Henry lingered, in constant agony, until 10:30 on Christmas night, just one week, when death came to her relief. POST MORTEM EXAMINATION.—An autopsy was held upon the body of the deceased by Dr. L. S. Ebright, at the request of Acting Coroner Almon Brown, the doctor testifying that the body and limbs, as well as the head, internally, presented a horribly bruised and lacerated appearance, while internally, as above stated, three ribs were found to be broken, and other organs fatally injured; Coroner Brown finding that the deceased came to her death by reason of blows and kicks inflicted upon her by her husband, Walter Henry. THE POPULAR EXCITEMENT.—The reports, during the week, of Henry's brutal assault upon his wife, an d of her terrible sufferings, caused the utmost indignation among the people of the neighborhood, and when it was known that Mrs. Henry was dead, there was a decided inclination towards inflicting summary punishment upon him, at the hands of "Judge Lynch," but better counsels finally prevailed, the law was permitted to take its course, and the brutal uxorcide was immediately taken into custody, by the city officials, and lodged in jail. A NEARLY FATAL PANIC.—On Saturday, December 27th, on the affidavit of Thomas Doyle, brother of the murdered woman, the prisoner was brought before Acting Mayor Lewis D. Seward, on , the charge of wilful and premeditated murder, but was immediately remanded to jail to await a preliminary examination on the following Monday at 10 o'clock A. M. At the appointed hour, nearly a thousand people being assembled at the city building to hear the trial, an adjournment was had from the Mayor's office (then in the second story) to the Council Chamber, which was at once filled to its utmost capacity AKRON'S ONLY HOMICIDE - 571 by the surging crowd. Soon a cracking noise was heard and ieces of mortar and brick began to fall from the ceiling and walls. he cry was immediately raised that the building was falling, and a stampede for the stairs took place, severely squeezing a number of persons, before the building was cleared, though fortunately no lives were lost or bones broken. An examination disclosed the fact that one of the arches supporting the armory floor below had caved in, from the unusual strain thrown upon it by the jostling crowd above, and that it was, indeed, almost a miracle that the entire structure did not collapse with a destruction of life fearful to contemplate. THE PRISONER FULLY COMMITTED.—On the subsidence of the excitement above alluded to, an adjournment was had to the county court room, where the examination was proceeded with. Prosecuting Attorney Charles Baird, assisted by Edwin F. Voris, appearing for the State, and Jacob A. Kohler and. Rolin W. Sadler for the defense. Some six or eight witnesses were examined on the part of the State, who were rigidly cross-examined by the defendant's counsel, but no witnesses were introduced on the part of the defense, and at a late hour in the afternoon, the prisoner was remanded to jail to await the action of the Grand Jury. INDICTED FOR MURDER IN THE FIRST DEGREE. At the January term of the Court of Common Pleas, for 1885, the Grand Jury, with Mr. Nicholas E. Vansickle as foreman, returned an indictment, carefully drawn by Prosecuting Attorney Charles Baird, which, omitting preliminaries, was as follows: "That the said Walter Henry, in and upon one Bridget Henry, then and there being, unlawfully, feloniously, purposely and of deliberate and premeditated malice, did make an assault, in a menacing manner, with intent her, the said Bridget Henry, unlawfully, feloniously, purposely and of deliberate and premeditated malice, to kill and murder, and that the said Walter Henry, with both his hands and feet, the said Bridget Henry, to and against the floor of the house of the said Bridget Henry there situate and being, then and there unlawfully, feloniously, purposely, and of deliberate and premeditated malice, did cast and throw, with the intent aforesaid and that the said Walter Henry, with both hands and feet of him the said Walter Henry, then and there, while the said Bridget Henry was lying upon the floor, as aforesaid, the said Bridget Henry, in and upon the head, stomach, back, chest, sides and limbs of her the said Bridget Henry, then and there unlawfully, feloniously, purposely, and of deliberate and premeditated malice, did strike, beat and kick, with intent aforesaid, thereby then and there giving to the said Bridget Henry, as well as by the casting and throwing of her, the said Bridget Henry, to the floor as aforesaid as also by the striking, beating and kicking the said Bridget Henry, in and upon the head, stomach, back, chest, sides and limbs of her, the said Bridget Henry, with both the hands and the feet of him, the said Walter Henry, in manner aforesaid, several mortal bruises, the said Bridget Henry from the said 18th day of December in the year aforesaid, until the 25th day of December in the year aforesaid, did languish, and languishing did live, on which said 25th day of December, in the year aforesaid, the said Bridget Henry, in the county aforesaid, of the said mortal bruises died. And the jurors 572 - AKRON AND SUMMIT COUNTY. aforesaid, upon their oaths aforesaid, do say that the said Walter Henry, in the manner and by the means aforesaid, unlawfully feloniously, purposely and of deliberate and premeditated malice. did kill and murder her, the said Bridget Henry, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio." TRIAL IN COMMON PLEAS. On being arraigned, under the above indictment, the defendant entered a plea of not guilty, and the trial was set for Monday, March 2, 1885. At 8:15 A. M. on the day named, Judge Edwin P. Green occupying the bench, the prisoner was brought into court, and seated beside his counsel, Messrs. Kohler and Sadler, Prosetutor Baird being assisted by Gen. A. C. Voris, on the part of the State. The entire day was consumed in empanelling the jury, which, as finally accepted and sworn, was as follows: E. A. Osborn, Hudson; H. E. Cahill, Sixth ward; James Miller, Bath; James P. Martin, Fourth ward; James L. Porter, Coventry; L. C. King, Bath; Simon C. Marsh, Coventry; Alvin Rice, Third ward; E. H. Bishop, Stow; J. B. Creighton, Fourth ward; Emory E. Lewis, Hudson; Samuel Findley, Third ward. MR. BAIRD'S STATEMENT TO JURY.—On the coming in of the Court, on Tuesday morning, Prosecutor Baird stated the case to the jury, on the part of the State, saying substantially, that the prisoner, Walter Henry, had been indicted by the grand jury for the crime of murder in the first degree, for killing his wife, Bridget Henry, by knocking her down with his fists, kicking and jumping upon her while she was down, from which injuries she died on the 25th day of December, 1884. That he expected to show, by evidence, that Henry had repeatedly abused his wife by knocking her down, kicking her, and calling her the most indecent names: that on December 18, Henry went away and came back intoxicated; that the blinds were pulled down, and those in a stable near by heard a terrible racket in the Henry house and heard Mrs. Henry screaming "For God's sake, Watt, don't kill me!" We expect to show that Henry kicked the prostrate woman all over, from head to foot; we expect to show, by post mortem examination, the terrible condition of the woman as found by the physician, and we claim that the injuries inflicted upon her, by her husband, were the cause of her death, and expect to show that Henry hated his wife and that what he did was through malice. MR. SADLER'S STATEMENT.—At the conclusion of Prosecutor Baird's statement, Mr. Sadler, one of the attorneys for the defense, addressing the jury said that Mr. Henry was on trial for his life; that he had pleaded not guilty to the charge of murder in the first degree. He told of Henry having lived in Akron for a long time; that he and his wife had kept a saloon on Water street, and that both had been addicted to drink. He told of the drunken condition of Henry on the day of the affray; how he had been upon a prolonged spree and knew nothing of the affair. "We presume," said Mr. S., "that the State will be able to prove that the beating took place; they may prove that Mrs. Henry died from those injuries; but, even if they do prove this, they can't prove that there was any malice or premeditation in the affair. We expect AKRON'S ONLY HOMICIDE - 573 to show how Henry sobered up before his wife died, and nursed her, and exhibited much anxiety for, her recovery--even going for a doctor several times. And we claim," concluded Mr. S., "that no greater verdict than manslaughter can be brought against him." ARGUMENT OF GEN. VORIS. There were sixteen witnesses examined on the part of the prosecution and fifteen on the part of the defense, the evidence being concluded about the middle of the afternoon on Thursday. After a brief recess, Gen. Voris opened the argument on the part of the State; reading from the statutes, and from various authorities defining the different degrees of murder and the penalty attached to each, and as to what constitutes malice; the General, referring to the defense made, that Henry was so intoxicated at the time of the assault as to not know what he was doing, said that in law, intoxication is no palliation for crime. The man who voluntarily assumes a position or condition by which he takes the life of another cannot be held excusable There could scarcely be a conviction for homicide, if drunkenness were a valid excuse; voluntary drunkenness is no defense for guilt; reading a decision from the Supreme Court that drunken malice is just as great as sober malice. Then turning to the jury the General said that from the evidence they had heard they should find a verdict against the prisoner for murder in the first degree. The General followed the testimony from beginning to close, picturing, as he called it, the brutal depravity of the man, as shown by the evidence; knocking his wife down, kicking her, dragging her by the hair of her head, his threats and vile epithets, and made an eloquent and thrilling appeal to the jury to protect the community from such brutality and malice, by consigning the defendant to the fate he so justly merited. MR. SADLER'S ARGUMENT.-Mr. Sadler, after briefly calling the attention of the Court to the laws of Ohio on the several degrees of murder, and agreeing with Gen. Voris that intoxication is no excuse for crime, but denying that intoxication was an aggravation of the crime committed, argued that there could legally be no verdict for murder in the first or second degree, unless the evidence showed that Henry intended to kill his wife. He hoped that the jury did abhor intoxication and regarded the saloon business with detestation; but they were selected because of their intelligence, and the defendant felt safe in their hands, believing they would decide in accordance with the laws of Ohio. The thing you are sworn to try is, whether that man (Henry), is guilty of the crime he is charged with. They could not render a verdict of guilty because public opinion thought the man ought to be hung. We expect you to find that on the 18th day of December Walter Henry inflicted wounds on his wife from which, a week later, she died. This we admit the State has proven. Our client is already convicted of manslaughter, and that is all he can be convicted of under the laws of Ohio. Mr. Sadler continued at length, controverting Gen. Voris' hypotheses, arguing the want of motive, critically dissecting the testimony, enlarging upon the kindness of the prisoner, after having sobered up, and closing with an earnest appeal to the jury to lay aside all prejudice, and, under the charge of the Court, render the only verdict which the law and the evidence warranted—that of manslaughter. 574 - AKRON AND SUMMIT COUNTY. MR. KOHLER'S PLEA.-Mr. Kohler followed his colleague in an eloquent plea occupying about two hours, premising that from the able manner in which both sides had already been presented, there was really but little more to be said. Mr. Kohler, in a calm, conversational manner, defined the different degrees of homicide and advised the jury that, though indicted for murder in the first degree, they could find a verdict for either first or second degree or manslaughter, as the evidence might warrant. He animadverted upon the evils of intemperance and commiserated the inebriate. He spoke of Henry being an honest, hard-working man until he went into the saloon business -with his wife, when they began to lead a cat and dog life. I think it has been shown that she was drunk at the time the injuries were inflicted. I can imagine how often he recovered from his drunken stupor, got up a quarrel, knocked her down and beat her in a horrible manner, but I cannot believe that this man intended to kill his wife, because if he did he had plenty of chances; there were weapons at hand by which he could have accomplished it, Mr. Kohler closing by saying that if they had a reasonable doubt they were bound to give the prisoner the benefit of the doubt. THE CLOSING ARGUMENT.-NO mere synopsis would do justice to the closing argument for the State, by Prosecuting Attorney Charles Baird, like that of Mr. Kohler covering about two hours. Like his predecessors, Mr. Baird spent some time in going over the laws relating to homicides, defining malice, intent, etc. He reviewed the lives of these people, of the threats and assaults which had been made by the defendant against and upon his wife; of the time when she ran out of the house, towards a group of men, screaming for protection, followed by Henry, who knocked her down, and when she attempted to rise grabbed her by the hair of the head and pulled her down again, kicking her with his heavy boots so as plainly be heard in the stable some distance away; and detailed at length tbe revolting scene of that fatal night, as developed by the evidence, and the ghastly sight presented by the injured woman to her neighbors and the physicians in attendance, and of his leaving the house to sleep in a neighboring barn after the infliction of those injuries; cursing her in his sleep, and the next morning, when asked why he had so horribly beaten his wife, saying: "I guess I have finished her this time." Never before in the history of our country has so foul a murderer been tried for his life. His declaration the next night, when asked by a party from whom he tried to borrow a quarter, why he did not go to his own place and get it: "If I go in there I will kill somebody," showed the maliciousness of the man. Mr. Baird then went through with the horrible details of the fatal assault, the atrocity of which drew tears from many an eye unused to weeping, saying "the man who would do this horrible thing ought to die. I know how men shrink from hanging a fellow-being. If this man intended to kill this woman when he jumped upon her with his heels, he then and there forfeited his life and you do not deprive him of it. I want you to think of that woman lying prostrate there upon the floor, saying to him: 'For God's sake Watt, don't kill me !' thrice repeated, each time growing fainter and fainter. With your verdict, gentlemen, under the evidence and the charge of this Court, we will be content.