(RETURN TO THE TITLE PAGE) 850 - AKRON AND SUMMIT COUNTY. once applied, the entire fabric would be almost instantly in flames. Had a fire thus got fairly started, with the limited fire extinguishing appliances Hudson then had, not only Hinckston's three buildings would have been burned, but the entire street, including the Mansion House, and the dwelling house of Mr. D. D. Morrell, would undoubtedly have been cleaned out. ARRESTED ON THE FIRST ATTEMPT.—TO say that Hudson was excited and indignant would be drawing it mild, and if "Judge Lynch" had been as popular then as now, even in some portions of order-loving Ohio, it is doubtful if her citizens could have been restrained from inflicting summary vengeance upon the incendiary. The affair coming to the ears of Prosecuting Attorney Henry McKinney, the fire not having actually been set in the case in hand, that officer procured his apprehension on the first attempt using the developments in the latter case as corroborating evidence against him on the charge of arson. The warrant was issued by Justice M. C. Read, who, at the examination, called to his assistance Justices S. H. Pitkin, of Hudson, and M. D. Call, of Stow. The evidence was overwhelmingly conclusive, but the defendant's counsel, A. C. Voris, Esq., took the bold ground that in setting the fire in question, he had violated no provision of the Statutes of Ohio, the law then reading: " Whoever sets fire to any building, the property of another," etc., and moved that the accused be discharged. Though Justice Read was favorable to the granting of the motion, his associates inclined to the view that the almost inevitable destruction of the property of others, had his own got fairly started, was sufficient to hold him to answer to the grand jury, and he was so held. Esq. Voris immediately applied to Probate Judge Noah M. Humphrey for a writ of habeas corpus and, after a full examination of the facts in the case, and the law, the defendant was discharged, and though no pecuniary harm came to the people from the carefully planned, but happily frustrated schemes of the fire-bug, Hudson became too hot for longer comfortable sojourn and Hinckston floated off West, and has since deceased. In the following session of the Legislature 1859, '60-- in which Hon. A. C. Voris was Summit county's representative, and Hon. J. A. Garfield was the State senator from the Summit-Portage district, the law was amended, making the burning of one's own building, for the purpose of defrauding insurance companies, a penitentiary offense. THE MALONEY-STEPLETON HOMICIDE.—On the night of the 16th day of June, 1860, the good people of Hudson were thrown into the wildest excitement by the rapidly spreading report that a most wanton and brutal murder had been perpetrated upon one of the public streets of that usually quiet and peaceful village, under the following circumstances: A young Irishman by the name of John Maloney was in the employ of the Cleveland & Pittsburg railroad, as a track repairer, under track-master Reynolds, of Bedford. Maloney was rather above the medium -height, about 24 years of age, with sandy hair and fair complexion, and of mild and pleasant countenance. Michael Stepleton was a young man of the same nationality, in his 21st year, whose parents resided in Holmes county, but who had for some time been at work on the Mahoning Branch of A. & G. W. R'y in Mantua ; both young men very frequently visiting THE DEADLY BLUDGEON - 851 Hudson, among whose young people of the class to which they belonged, they had formed many mutual acquaintances. THE BEGINNING OF THE TROUBLE.- -These visits, on the part of Maloney, were said to have ripened into such intimate relations with one of his female acquaintances, by the name of Bridget Calnan, that he was fighting a little shy of both the young lady and of the village of Hudson itself. On Saturday, May 12, 1860, while Stepleton was en route from Mantua to Hudson, to spend the Sabbath, he met Maloney at Macedonia, and urged him to "come on down to Hudson where all the fun is," giving him twenty cents to pay his fare with, if he would do so. Maloney asked Stepleton if Bridget was still in Hudson, and was told that she was not. Thereupon he accepted his friend's invitation, and accompanied him to Hudson. But it appears that. Bridget Calnan was still in Hudson, and either she or her friends, taking advantage of Maloney's presence in the village, instituted legal proceedings against him, "with a view to matrimony," or—in case of refusal—to visit upon him the pains and penalties provided by law for "premature fatherhood." The former alternative was submitted to, and the "loving not wisely but too well" couple were accordingly joined in the bonds of holy wedlock by Father M. A. Scanlon, of Akron, pastor of St. Vincent De Paul's Church, on Sunday, May 13, 1860. While it does not appear that Mr. and Mrs. Maloney, were living otherwise than happily together, he charged Stepleton with having "betrayed him" him, and became bitterly incensed against him, and had given utterance to sundry threats of vengeance, though it was claimed by Stepleton, that he was unaware of the peculiar nature of Maloney's aversion to meeting Bridget, when he falsely told him she was not in Hudson. This was the status of the existing feeling between the hitherto warm friends, when they next met, on Saturday, June 16, just exactly five weeks after the occurrences above detailed. Stepleton had come to Hudson, to have a good time among the young people of that classic village, over the Sabbath, while Maloney, for reasons not clearly apparent, leaving his youthful bride at their home in Macedonia, was in town also. On meeting, Maloney began to upbraid Stepleton for his perfidy, but the latter, assuring him that he had no suspicion as to how matters stood between him and Bridget, and that he never dreamed of drawing him into the trap that had been set for him, Maloney professed to be satisfied, shook hands with him, and taking a drink together, spent the afternoon and evening with mutual friends, in convivial and social converse, on apparently as friendly terms as of yore. STRIKING THE FATAL BLOW.—Thus were they in each other's company all of the afternoon and evening, and, with other boon companions, visited the drinking places of the village, though neither of them appeared to be particularly intoxicated. About eight o'clock in the evening Maloney left the company, saying that he was going to stay over night in Hudson at the house of Mr. Thomas Hurley, on leaving, cordially shaking hands with the crowd, Stepleton included, and pleasantly bidding them all "good bye.' 852 - AKRON AND SUMMIT COUNTY. About nine o'clock, Stepleton and a companion by the name of John Jones, meeting Ellen Ryan, Ann Morris, Julia Calnan and Kate Fitzgerald, joined them for a walk, and as escorts, to their several homes. Having left the two other girls at their respective gates, the two young men, with Ellen Ryan and Ann Morris, about 10 o'clock reached the gate of President George E. Pierce, of the Western Reserve College, in whose' family Ellen Ryan lived. While standing there, merrily talking and laughing, a man suddenly approached, and exclaiming "You are there yet !" raised a club, and with both hands, struck Stepleton a fearful blow on the head, instantly felling him to the ground, and followed it up with two or more other heavy blows; the assailant being recognized by his voice as John Maloney. PLUCKY ELLEN RYAN.—Even before the first blow was struck, John Jones started upon a run towards his own home, while Ann Morris ran towards the house of President Pierce, but Ellen Ryan pluckily stood her ground, and endeavored to prevent further injury to her prostrate companion, by twice pulling his assailant away from him as he was wielding his club, and who in his fury exclaimed, "Ellen Ryan, let go of me ! he has betrayed me !" The assailant then threw away his club and started on the run, towards the road leading to Macedonia, while Ellen Ryan, calling upon Ann Morris to come back to assist her, took hold of and tried to raise Stepleton, who was groaning, to his feet, but finding him helpless and unconscious, laid his head upon the step, and then went for help. M. C. Read, Esq., with Doctor George P. Ashmun were soon upon the spot, with others of the neighbors, but by this time life was found to be extinct. ARREST OF THE MURDERER.--The news of the homicide spread from house to house with great rapidity, and, as might have been expected, caused the most intense excitement among the staid and peaceful denizens of Hudson. The murderer was almost immediately followed to Macedonia, where he was found in bed with his young wife, as calm as though nothing extraordinary had occurred. He was taken into custody and conveyed to Hudson the same night, where he was kept, closely guarded, until Monday morning, when, on preliminary examination before Justice Harry C. Thompson, he was held to answer for the crime of murder and duly committed to jail. INDICTMENT, TRIAL, SENTENCE, ETC.—Though the May term of the Court was still in session, Prosecuting Attorney McKinney did not deem it advisable to impanel a special grand jury, and the trial was consequently postponed until the November term. At that term an indictment was returned, charging the defendant with wilful and premeditated murder, to which charge on being arraigned, Maloney entered a plea of "Not Guilty." Monday, November 26, was designated as the time for the trial to begin, 36 jurors having been summoned to appear on that day, from which to select the necessary number to try the case. The case was conducted on the part of the State by Prosecuting Attorney Henry McKinney, assisted by William H. Upson and Matthew C. Read, and on the part of the defense by Judge Van R. Humphrey and General Lucius V. Bierce. The trial occupied the time of the court, including the impaneling of the jury, the examination of witnesses, the arguments of counsel, the charge of the IMPRISONMENT, PARDON, SUBSEQUENT LIFE, ETC. - 853 judge and the deliberations of the jury, seven full days. The arguments, covering two entire days, were all very able, and the charge of Judge Carpenter, occupying a full hour in its delivery, was able, clear and impartial. The jury were out about six hours, and at about 3 o'clock in the afternoon of Tuesday, December 4, 1860, returned a verdict of Murder in the Second Degree. The penalty for this degree of homicide being imprisonment for life, sentence to that effect was duly pronounced by Judge Carpenter, in appropriate and impressive terms, a few days after the rendition of the verdict as above stated. IMPRISONMENT—PARDON, ETC.—On the 14th day of December, 1860, among the last batch of prisoners delivered at the penitentiary, by the writer, near the close of his first four years' siege as sheriff of Summit county, was the Life Convict, John Maloney. John was quiet, thoughtful and apparently exceedingly regretful for what he had done, freely expressing to the writer the belief that but for strong drink, he would not have committed the fearful deed for which he was about to suffer. On entering the prison he resignedly, if not cheerfully, submitted to all its rules and regulations, and soon won and continued to hold, the good will of the officers and those under whom he performed his daily tasks. After a suitable lapse of time, kind friends interested themselves in his behalf, and petitioned Governor Jacob D. Cox for his pardon, which was accordingly granted on the 22d day of October, 1867, and he was restored to liberty, just six years, ten months and eight days after his incarceration, and recent inquiry has disclosed the fact that in an adjoining county, with the wife to whom he was wedded under such adverse circumstances, he has since lived happily and uprightly, and is an industrious and respected citizen of the community in which he, and his quite numerous family now reside. The simple story of John Maloney has a double moral, which is not only self-evident, but which the youth of our county, of whatever station or condition in life, will do well to thoughtfully ponder and conscientiously heed. CHAPTER XXXIX. NORTHAMPTON'S BEGINNING—INDIAN AND FRONTIER MATTERS—PIONEER SETTLERS, INCIDENTS, ETC.—GROWTH AND DEVELOPMENT— "BOOTHSPORT," "NILES" AND OTHER BUSINESS CENTERS—A FRUITFUL COUPLE—ORGANIZATION, NAME, ETC.—NORTHAMPTON'S MILITARY PROWESS—CIVIL SERVICE "REFORM"— SINGULAR CONDUCT OF A PUBLIC OFFICIAL—INDUSTRIAL MATTERS, RESOURCES, ETC.—EARLY CROOKEDNESS—THE DUNN-WHIPPLE TRAGEDY—BROOKS-TEDROW HOMICIDE--PRESENT STATUS, ETC. LOCALITY, BEGINNING, ETC. TOWN 3, Range 11, as designated in the original survey of the Western Reserve, and which afterwards came to be known as Northampton, is bounded on the north by Boston, east by Stow, south by Portage and west by Bath townships. The Big Cuyahoga river traverses its entire length, north and south, in the western portion of the township. Bordering upon, the river on either side, with the exception of a few quite large areas of bottom lands, the country is extremely rugged, though, the central and eastern portion is comparatively level and, well adapted to general agriculture, the bottom lands affording a number of fine and very fertile farms, while the intervening hills and gullies are admirably suited to grazing and dairy purposes. Without tracing title from the King of England to the Connecticut colony, by the grant of 1665, or from- the Indians, east of the river, by the treaty of. Fort McIntosh, January 21, 1785, and on the west side by treaty of Fort Industry, in 1805, and by the United States, in turn, to the State of Connecticut, it is sufficient, here, to say that in about, the year 1801 it was sold to the Connecticut Land Company, by whom it was disposed of, by a sort of a lottery scheme, or drawing, to parties purchasing shares therein, in proportion to the amount of money so paid in. The original proprietors of Tract 3, Range 11, thus acquiring title, were W. Billings, Oliver P. Holden, Solomon Stoddard, Daniel Wright, Joseph Pratt, Luther Loomis, David King, John Leavitt, Jr., Ebenezer King, Jr., Timothy Phelps, and Fidelio King, the six last named gentlemen being townsmen of the writer, in Connecticut (old Suffield ), Mr. David King being the grandfather of Akron's present well-known citizen, David L. King, Esq. INDIAN AND FRONTIER MATTERS.—Within the limits of this township were some of the most extensive and important Indian mounds, fortifications and other works in the entire west, and it was against the Indian garrison here, probably, that Captain Samuel Brady made his hostile demonstrations in 1780, and from whence, on being repulsed, he made his memorable run and leap for life, at the present village of Kent, as recorded in another chapter of this work. Here, too, in the summer of 1812, an encampment of militia, under command of General Elijah Wadsworth, of Warren, was stationed, in the vicinity of Old Portage, for the protection of the BOATS FOR COMMODORE PERRY - 855 frontier ; reinforced, after the cowardly surrender of his army at Detroit, by General William Hull, August 16, 1812, by a battalion of militia, under the command of Major George Darrow, of Hudson, one company of which was in command of Captain Rial McArthur, of Northampton. It was at this point, also, that the boats were built which are alleged to have formed a part of Commodore Perry's fleet in the battle of Lake Erie, September 10, 1813—the " Portage," the "Porcupine" and the "Hornet"—the former so named from the "port" where it was built ; the second from the fact that the late William Cogswell, of Bath, who helped to build -the boats, captured one of those prickly little animals and tossed it on board just as the boat was being launched, and the third from the circumstance that at the pineries, in Northfield, where the boats were being fitted with masts and spars, it was discovered that near the top of the tree selected for the mast of the boat in question, there was a large hornet's nest, one of the men volunteering to climb the tree and plug the hole in the nest before proceeding to chop it down. WILLIAM PRIOR,—born in Hampshire county, Massachusetts, April 6, 1783 ; cams with family Ohio in 1802, his father, Simeon Prior, being the first white settler in Northampton township, coining by ox-teams to Lake Ontario ; from hence, in open boats, via Lake Ontario, the Niagara river and Lake Erie o the mouth of the Cuyahoga, and on, thence through the unbroken wilderness to their destination. Simeon Prior was a soldier in the Revolutionary War, and the son, William, bravely defended his country in the War of 1812; on attaining his majority, young Prior went South and pre-empted a tract of Congress lands,but shortly afterwards returned to Northampton, and purchased the quarter section, on which he spent the balance of his life, and where he died in June, 1872, in the 90th year of his age. He filled many positions of private and public trust, for many years holding commissions as justice of the peace, from the earlier Govern¬ors of Ohio. His first wife was Sarah Wharton, of Wheeling, Virg¬inia, who bore him four sons, Edward, Henry W., Robert and Simeon —and three daughters, Susan, Katharine and Sarah, all now deceased, ;except Sarah, residing in Marysville, Missouri. His second wife was Polly Culver, who bore him two children—William, who died suddenly at his home near Cuyahoga Falls, September 7, 1891, aged 66 years, 4 months and 17 days, and George W., killed in the battle of the Wilderness, May 9, 1864. EARLY SETTLEMENT, NAME, ETC.—Notwithstanding the relinquishment of their title to these lands, by the two treaties above named, so reluctant were the Indians to leave the graves of their ancestors and their favorite hunting and fishing grounds, that many of them lingered in the neighborhood for several years, not only to the great annoyance of their pale-faced neighbors, but also very materially retarding the settling up of the township ; not entirely disappearing until the commencement of the War of 1812, 856 - AKRON AND SUMMIT COUNTY. in which the majority of them took a lively interest against the United States. The first white family to take up their abode in the township, was undoubtedly that of Simeon Prior, consisting of Mr. and Mrs. Prior, and their ten children, who removed thither from near Northampton, Massachusetts, in 1802; a portion of the 400 acres of land then purchased by Mr. Prior, viz.: lot 19, still being owned and occupied by his descendants, though the original log cabin inhabited by the family was built upon lot 25, some two miles further north. In the absence of proof to the contrary, it is presumab that the name of Northampton was given to the township this first settler, Simeon Prior, because of his migration from t near vicinity of the very pleasant town of that name in the "0 Bay State." A former historian gives Mr. David Parker, of Hartford, Connecticut, as the second settler in the township, and his son, the venerable Richard E. Parker (late a resident of Akron), horn March 9, 1811, as the first white male child born in the township. This can hardly be, however, as Mr. Parker before his death, informed the writer that his father came to Northampton in 1810, while the same historian mentions the settlement of Samuel King at Old Portage in 1809 ; the building of a grist-mill at Mud Brook gorge, by Judge Norton in 1805, and the establishment of a school, by Justus Remington in 1809, it seeming improbable that among a population sufficiently numerous to require the founding of a school, there were no births previous to that of the Parker child. Mr. David Parker erected a saw-mill near the mouth of Yellow Creek, on the west side of the river, about 1820, which was of great service in supplying the then rapidly increasing inhabitants, of both Northampton and Bath, with lumber ; Mr. Parker dying September 11, 1823, at the age of 55 years, 6 months and 15 days. GROWTH, DEVELOPMENT, ETC.—The growth of the township was so greatly retarded by the causes named, that it was not until the close of the War of 1812, '15, that any considerable progress was made in the way of civilized settlement. A few families, however, had from time to time ventured in, among others Mr. Samuel King, who as above stated, in 1809, settled on the south verge of the township, on the river, at Portage, afterwards designated "Old Portage," in contradistinction to the subsequent settlement of "New Portage," at the southern end of the "overland" route of the Indians from the head of canoe navigation on the Cuyahoga river, to the head of navigation on the Tuscarawas, at the latter point; the route traversed being the now historical "Portage Path ;" in reality the datum line ( though rather a crooked one) generall made use of in describing contiguous lands upon either side thereof in the townships of Portage and Coventry, between the poin named. Later on, probably at the close of the War of 1812, Mr. King established a tavern and a store at Old Portage, then on the direct route of travel from Warren to Sandusky via the Smith Road, upon the west side of the river, between the townships of Copley an Bath. Here, too, after the opening of the Ohio Canal in 18 Birdsey Booth, Esq., of Cuyahoga Falls, built quite an extensive freight warehouse, at which large quantities of merchandise were received for distribution to contiguous towns and villages, east as NORTHAMPTON'S EARLY "BUSINESS CENTERS." - 857 far as Warren and west to and beyond Medina, and for the shipment of farm produce to eastern markets via Lake Erie and the Erie Canal ; scores of teams being almost daily found at "Boothsport," as it was then called, loading and unloading the several kinds of freight mentioned. A number of other buildings were erected, and for a few years it was thought that "Boothsport" would eventually become a large and flourishing village ; but increasing shipping facilities at Akron, and points below, with more favorable approaches, soon brought about a decadence of "Boothsport's" business prosperity ; its store, tavern and warehouse, have disappeared, and a single farm-house, only, now marks the spot which sixty years ago promised to be a permanent and prosperous village ; Mr. Booth, a few years later, establishing a warehouse on the east side of the canal, near the head of Lock 15, in Akron, for the special accommodation of the people of Cuyahoga Falls, the necessity for which passed away on the completion of the P. & O. canal in 1840. COL. RIAL MCARTHUR,-born in Vermont in 1783 ; came to Ohio in 1805, as surveyor for the Connecticut Land Company, later for several years keeping a general store in Middlebury, in 1817 buying land and the flouring mill originally erected by Judge Aaron Norton, on the State road in Northampton. Active in local military affairs, as captain of an independent company, in the War of 1812, under General Wadsworth, with headquarters at Old Portage, he was soon promoted to major and then to colonel of militia, not only aiding in building two of the boats with which Commodore Perry won his splendid victory on Lake Erie, September 10, 1813, but afterwards gallantly defending the frontier from the attacks of the British and Indians at Sandusky. In 1832, he moved to Independence, Cuyahoga county, where he served as justice of the peace ten years ; in 1843 returned to Northampton, where he resided until his death, August 24, 1871, aged 88 years, there, also, for many years serving as justice of the peace. Col. McArthur was a life-long and highly honored Mason, his funeral being largely attended and conducted by the members of the fraternity. In 1810, he was married to Miss Almira Sprague, of Springfield township. They were the parents of nine children—Orange, deceased ; Eric, deceased ; Amanda, Mrs. E. R. Harper, now of Akron ; Henry, deceased ; Giles, now living in Grattan, Wisconsin ; Earl, now of Delta, Ohio ; Pamela, deceased ; Martha, deceased ; Mary, now Mrs. H. P. Smith, of Northampton. OTHER "BUSINESS CENTERS."—A mile and a half further north, at Yellow Creek Basin, quite a business point was created by the opening of the Ohio Canal. Here, also, a tavern and a store were established by Mr. Nathaniel Hardy, father of Mr. Perry D. Hardy, still living in Northampton, and of Mr. William Hardy, now residing at No. 130, North Bowery street in the city of Akron. Here, also, two or more commodious ware-houses were erected, while, in about 1836, Peter Voris, Jr. (father of Judge A. C. Voris, of Akron), with two men named Henry and Snodgrass, laid out about 100 858 - AKRON AND SUMMIT COUNTY acres, at the mouth of Yellow Creek, on the west side of the canal, into a village plat, under the appellation of "Niles," which name it bore for several years, though not entirely losing the cognomen of "Yellow Creek Basin." But before a boom, in behalf of the "embryo city, could be properly worked up, the panic of 1837 struck in, and "Niles" remained a city on paper, only, the plat afterwards being vacated and the choice corner lots thereof relegated to the plow-share and pruning-hook. The center of Northampton, proper, never aspired to the dignity of a ,village ; a school house, town house, church and on or two dwellings, constituting the entire hamlet. At Steele' Corners, a mile and a half northeast ; McArthur's Corners, about the same distance southeast, and at French's mill, between the two points, upon the State road, were also small hamlets, the latter point embracing a grist-mill—the first mill erected in the township, (in 1805 ) by Aaron Norton, afterwards a prominent mill owner in Middlebury and one of the associate judges of Portage county. EARLY MILLING OPERATIONS.—The propelling power of this mill was the waters of Mud Brook, a considerable stream, flowing from a beautiful little lake near the northeast corner of the township (mostly lying in Stow) formerly called Mud Pond, but now designated as Turtle Lake, a far more appropriate name, as its waters not only largely abound- in turtle and a great variety of fish, but are also as clear as the clearest crystal, while its shores have, of late years, become quite a favorite resort for summer campers-out, picnickers, etc. This mill was afterwards run by Mr. Daniel Turner (grandfather of Mrs. Word. Babcock and Mr. Daniel Turner, of Akron), who moved from New Jersey to Northampton in 1812, until his death in 1825, at the age of 65 years. The mill then passed into the hands of Colonel Rial McArthur, who also erected a distillery near the southwest corner of the present iron bridge across the stream at that point. Later, when the manufacture of whisky was abandoned, the building, after being used awhile as a dwelling house, was converted into a meeting house and school house—thus literally bringing good out of evil. The grist mill was finally abandoned, when the property passed into the hands of Thomas J. French, who converted it into a saw-mill, afterwards associating with himself Mr. Jesse Hays, quite an extensive business being done by the firm for several years in converting the surplus timber of the neighborhood into lumber, for the Cuyahoga Falls and Akron markets, as well as for neighborhood consumption. Several years ago this mill passed into the hands of Mr. John Hart, and was run by himself and his son-in-law, Adam G. Steele, and is now the property of Mrs. Steele as the heir of Mr. Hart, and is at present standing idle. At an early day, also, Moses and Oliver Dewey established a saw-mill a quarter of a. mile lower down the stream, but though a good mill, with a fair fall and power, being inconvenient of access, it soon went into disuse and consequent dilapidation. A mile or so further up the stream, in 1824 Elisha Prior and Elisha Perkins, brothers-in-law, erected a saw-mill which did quite an extensive business for several years. This property passed into the hands of Mr. Harry Pardee, father of Henry Pardee; Esq., of Ghent, and Edward K. Pardee, of Northampton, in the early forties, who added WHISKY, CASTOR OIL, CHEESE, FLOUR, ETC. - 859 thereto a woolen factory, chair factory, etc., which since the death of Mr. Pardee, and the concentration of such industries at railroad centers, and in cities, villages, etc., has also gone into disuse and dilapidation. POTATO WHISKY, CASTOR OIL, CHEESE, ETC.—Near the mouth of Mud Brook, in the valley, a distillery for the manufacture of potato whisky was erected in 1814, by Mr. Abel Vallen, which did quite a spirited business for a few years; but was afterwards converted into a castor oil factory, which proved too lax a business to be remunerative, the site being subsequently covered by a cheese factory, whose operations, though probably far more palatable and wholesome, for some unknown reason proved unremunerative and the business was discontinued. NATHANIEL HARDY, SR.,—born in Massachusetts, October 11, 1796; when young, moved with parents to Western New York ; at 16 came to Ohio to the vicinity of Old Portage, working at farming, and later helping to build several of the locks on the Ohio canal. On the completion of the canal, built and for many years kept a hotel and small store at Yellow Creek Basin, afterwards called Niles, and now known as Bottum station. Later, Mr. Hardy bought 250 acres of land, on the east side of the river, which he successfully cultivated for many years, afterwards selling it to his sons, William and Norton R. Mr. Hardy served many years as justice of the peace and township trustee, and active in ridding the township of the early disreputable characters and practices elsewhere alluded to. About 1824, he was married to Miss Rebecca Reed, of Delaware, Ohio, who was born June 11, 1805. They were the parents of eight children — Caroline, born July 9,1825, now Mrs. Jasper B. Drake ; William, born March 11, 1829, whose portrait and biography appear elsewhere ; Norton R., born December 15, 1831, died June 3, 1880 ; Perry D., born April 11, 1834, now a prosperous farmer in his native township ; Mary E., born September 25, 1836, now Mrs. Hiram J. Ayres, of Akron ; Harriet, born July 3, 1840, now Mrs. Henry Hall, of Akron; Clarissa, born April 20, 1842, now Mrs. Charles Watters, of Cuyahoga Falls, and Nathaniel, Jr., born July 19,1844, now of Akron. Mrs. Hardy died July 11, 1865, and Mr. Hardy, December 4, 1866. IN OPERATION NEARLY HALF A CENTURY.—About the year 1840, Mr. William Prior (oldest son of Simeon Prior, and father of the late William Prior, Esq., associate editor of the Cuyahoga Falls Reporter and Western Reserve Farmer), and his two sons, Edward and Henry W., erected a flouring mill in the wild gorge about 20 rods west of the iron bridge on the State road, and below the old French & Hays saw mill. A massive stone dam was built about eight rods above the site of the mill, from whence, in a wooden flume, the waters of the brook were conducted to a twenty-foot over-shot wheel, by which the machinery of the mill was propelled. The mill was equipped with two runs of French buhrs, improved bolting apparatus and first-class machinery throughout, but did not prove a paying investment. The junior members of 860 - AKRON AND SUMMIT COUNTY. the firm having previously withdrawn, on the death of the senior member, in 1872, the property was sold by the administrator at one-fourth its original cost. This property is now owned by Mrs. Adam G. Steele, as heir at law of the late John Hart, and though still capable of doing good work, when kept in proper repair, is at the present time (1891) lying idle. REMARKABLE FECUNDITY AND LONGEVITY.—It will be impossible, from the data now available, to give the names of all the early settlers, or the date of their arrival in the township, did the space allotted to this work admit of it. As characteristic of the customs in vogue in that early time, however, I quote from the writings of the late William Prior, the fact that Robert Thompson, a shoemaker, and Barclay Hogue, a harness-maker, used to ply their respective callings from house to house, which was also done to a considerable extent by tailors and perhaps other mechanics of those ancient days. Mr. Prior is also authority for the following case of phenomenal fecundity and longevity on the part of a couple of Northampton's pioneer settlers, Mr. and Mrs. Jesse Ellis. Married at the age of 14 years, Mrs. Ellis b&ame the mother of twenty children; the first born when she was but 15, and the last when she was 65 years old. They afterwards removed to Michigan, where Mr. Ellis died, in 1879, at the patriarchal age of 100 years, while the prolific matron was still living, in 1881, at the ripe old age of 81 years. ORGANIZATION, POPULATION, ETC.—The date of Northampton's organization is involved in obscurity. The only record extant, previous to 1820, is part of a tally sheet, without date, in possession of Mr. James M. Hale, of Akron, of one of the earliest, if not the first election held in the township. It will be recollected that previous to its organization, in 1818, Bath was connected with Northampton, in local governmental affairs, and as the tally sheet in question contains a number of names of persons known to have been residents of Bath, the organization of Northampton must have been previous to the date named—a total of 18 voters only being enrolled on the tally sheet in question. Whatever the date of that election, the officers elected were: Jonathan Hale (a resident of Bath), Simeon Prior and David Norton, trustees; Samuel King, clerk; Wylie Hamilton, overseer of the poor; Elisha Perkins, constable; William Prior, Israel Parker and Jason Hammond (also of Bath), supervisors; Luman Bishop, fence viewer, and Simeon Prior, treasurer; the first justice of the peace being Samuel King. At the election in 1820, the principal officers chosen were: William Prior, Abel Woodward and James French, trustees; Aaron French, clerk; and Daniel Turner, treasurer. GROWTH, PROGRESS, ETC.—From this time on, settlement, though not remarkably rapid, was quite steady, so that by 1840, according to the census of that year, the township had a population of 963. Forty years later, as shown by the census of 1880, the population was only 977, an apparent increase of but 14 souls, the meagerness of which increase may in part be accounted for by the detaching therefrom of a populous corner, in the erection of the new township of Cuyahoga Falls, in 1851, and partly by the shifting of business centers and methods in the intervening 40 years. The census of 1890, gives to the township but 896 inhabitants showing a falling off, in the ten years, of 81. NORTHAMPTON IN WAR - 861 Nevertheless, the township has made commendable progress, physically, industrially, intellectually and morally during the period indicated. It has been entirely redeemed from the former taint of crookedness fastened upon it by comparatively few of its early inhabitants; its schools and religious appliances will compare favorably with those of contiguous townships; its rude agricultural beginnings in the wilderness have been succeeded by thoroughly cultivated farms, tilled by the best and most improved modern implements and methods, while the primitive log cabin, and its scarcely more pretentious successor, the plain story and-a-half frame house, are rapidly being displaced by commodious and imposing structures in the best style of modern architecture, with barns and other necessary out-buildings to match. PERRY DELAZEN HARDY,—son of Nathaniel and, Rebecca (Reed) Hardy, born in Northampton, April 11, 1834 ; in boyhood nicknamed "Commodore Perry," during the Mexcan War, because of his tenacity of purpose, changed to "Old Zack," after General Zachary Taylor, the principal hero of that war ; educated in the primitive mud-chinked and slab-seated log school house ; raised on farm, which calling he still successfully pursues. Thoroughly Republican, during the War of the Rebellion, was active in raising bounty money and securing recruits for the Union army ; for several years served as constable, by his vigilance ridding the township of the gang of toughs, for many years known as the " Norwegians ;" served four years as township trustee, and eight or nine years as school 'director of district 9, one year as president, and balance of time as clerk, and ex-officio member of board of education. In 1854, was married to Miss Elizabeth A. Lanphier, teacher, who has borne him nine children, three dying in infancy, the survivors being—Ida S. born October 2, 1855, married to William Darrow, of Hudson, October 1, 1888, Harry B., born November 1, 1857, still at home ; Willis P., born December 10, 1865, married to Ida Lilley, April 18, 1887, now in employ of Akron Telephone Company ; Nellie B., born July 2, 1869, teacher ; Mertie I., born December 18, 1871, teacher ; Vinton M., born January 15, 1874, the three latter still at home. NORTHAMPTON'S PATRIOTISM. — In the Revolutionary War, Northampton's pioneer settler, Simeon Prior, bore an honorable part in the Old Bay State's gallant contingent in that long and sanguinary struggle. Mr. Prior died in 1836, at the age of 82 years. Nathaniel Hardy (father of the late Nathaniel Hardy, Sr., whose portrait appears in this chapter), a native of Massachusetts, was also a soldier in the Revolutionary War, losing a leg on the battle field by a cannon shot. After the War, moved to western New York, and later to Canada, but on the breaking out of the War of 1812, finding that his son, then but 16 years of age, was about to be pressed into the British army to fight against his native country, he secretly hustled him over the border, from whence he soon afterwards came to Ohio, as elsewhere stated, the father afterwards coming thither, and spending the balance of his days with his children and grandchildren in Northampton. There were 862 - AKRON AND SUMMIT COUNTY. undoubtedly other Revolutionary heroes among her early settlers, but unfortunately their names and records are not now ascertainable. In the War of 1812, the independent company of Captain Rial McArthur, composed of residents of Northampton and contiguous townships, besides serving under General Wadsworth, at Old Portage, as already stated, afterwards went to Sandusky in defense of the frontier against the British and Indians. In the Mexican War of 1836-38, no recruits were called for and none furnished. In the War of the Rebellion, however, Northampton was equally patriotic, in proportion to population, with her sister townships of Summit county, furnishing nearly 130 recruits, all of whom nobly did their duty, and one-fifth of whom either laid down their lives upon the field of battle, starved to death in rebel prisons, perished on the ill-fated Sultana while en-route for home on the Mississippi river, or died from diseases contracted in the service; while many others, possibly, like Northampton's patriotic son, Colonel Jonas Schoonover, have since died, or are now suffering untold daily tortures from exposures and hardships endured in the salvation of the Nation and the preservation of the Union, NORTHAMPTON'S ROLL OF HONOR. - Charles J. Ayliffe, Levi Bonesteel, Henry Bruner, John Best, Henry Baker, James Baser, Thomas Barrett, Moses Barrett, George Bonesteel (died in service), Ezra Bonesteel, David Bonesteel (died in services), John Baughman, David Baker, William Baker, William Best, James Hillman, Lewis D. Clements (died in service), George Chart, Willard Corey, William Culver, John Cackler, Alvin Cox, Oscar Chilson, Alexander Corey, Leroy W. Chase (killed in battle), Luther J. Chase, Dwight Croft, Rufus Cook (died in service), Almon Chase (died in rebel prison), E. Chilson, Simon Coy, George Chase, Increase Chase, Fred Chilson, Matthias Coffman, Willard Cox, John Chart, Henry Doolittle, Riley Dickerson (lost on Sultana), M. V. Dealy, Alvin Dennison, D. D. Dewey, John Dickerson, Gillis W. Eatinger (lost on Sultana), Lorten Filley, Newton Filley, William Flanigan, William B. Galloway, Pomeroy Galloway, Adam B. Galloway, Edmund Gray, Charles Hamlin, Samuel W. Hart (in rebel prison), Newton S. Harrington (died in service), John Homan, Beardsley Hull, Carleton C. Hart, William Howland, Thomas Hardesdy, Darwin Hall, J. D. Hall, Andrew Hall (died in service), Robert Hogue (died in service), William H. Jones, A. P. Jaques, Winsor Lappin, Jr., Alvin Kelso, Jackson Mott, L. D. McWayne, Orrin Markham, Philander Markham, Albert Malone (rebel prisoner and survivor of Sultana disaster), William H. Norton (in rebel prison and also survivor of the Sultana disaster), Frank J. Norton, William Oaks, George W. Prior (died in service), Clark Prior, Horace Pardee, Silas Payne, George Payne (lost on Sultana), Alson F. Prior, William Price, Alvin Perkins (died in service), Elijah Pardee, Stiles A. Prior, Charles Payne, Edward Parks, Israel Potts, Frederick Palmer, Reese J. Purine, Frank Purine (killed in battle), Andrew J. Robinson, William Robinson, Randolph Robinson, Isaac Roose, William L. Rice (in rebel prison) Lorin Ruggles, Elias Ream, Henry Scott, Jonas Schoonover, Jesse Stahl (in rebel prison), Jacob Senn, Charles Stevens (lost on Sultana), William Stevens (lost on Sultana), Charles Stout (lost on Sultana), James Stahl, NORTHAMPTON IN PUBLIC OFFICES - 863 Philip Smathers (died in service), William Smathers (lost on Sultana), John Shellhorn (died in service), Henry Simonds, Alexander Stee1, Sherman Seymour, John Thompson, Hawthorn Thompson, Orlow Thompson (died in service), Julius A. Upson (died in sevice), Philo B. Upson (died in service), Lorenzo Vallen, Alexander Wallace, William Waterman (lost on Sultana), Peter W. Weaver (lost on Sultana), C. W. Way (lost on Sultana), C. A. Wilson, Alfred Waite, Oliver Wright, Edward Wetmore, Joseph Wallace, George F. Young. NORTHAMPTON'S CIVIL SERVICE.--In the civil service of Summit county, Northampton has been less conspicuous and less favored (or more favored as the case may be) than the average of the townships, two important county offices, only, having been allotted to her, as follows: SULLIVAN S. WILSON, in 1858, hitherto a highly respected and prosperous farmer, near the center of the township, was selected by the Republican county nominating convention as its candidate for the important position of county treasurer, and was elected by more than the average majority accorded to the rest of his ticket. Discharging the duties of his office with commendable fidelity and urbanity, in 1860 he was renominated by acclamation and re-elected by an increased majority. All went well, without the faintest shadow or suspicion of wrong, until near the close of his second term, in February, 1863, when, one evening about the time for closing up the public offices at the court house, Mr. Wilson stepped across the hall into the Auditor's office, and handed the keys of the Treasurer's office to Auditor George W. Crouse, with the simple remark: "I've got through." To Mr. Crouse's inquiry as to what he meant, he briefly answered: "They're after me, and I've got to leave." It transpired that Mr. Wilson, though the husband of a most excellent wife, and a father, had become involved in an amour with the wife of his nearest neighbor, the mother of several children, whose husband was vigorously talking about instituting both legal and personal proceedings against her seducer. The denouement was an elopement the same night that he handed the keys over to Auditor Crouse, the eloping couple taking refuge in a neighboring Western State, living together as husband and wife, and afterwards, on being legally separated from their respective spouses, in Ohio, becoming such in reality, by marriage. The county finances, on examination by the commissioners, who had been immediately summoned by Auditor Crouse, were found to be intact, with the exception of a few dollars discrepancy in a single fund, which was at once made good by General L. V. Bierce, Mr. Wilson's attorney; the commissioners appointing Mr. Crouse to fill the vacancy occasioned by Mr. Wilson's withdrawal, Mr. Sanford M. Burnham taking Mr. Crouse's place as Auditor, as elsewhere noted. JOHN C. JOHNSTON, a practical mechanic, as well as a good farmer, was elected county commissioner in 1866, and re-elected in 1869, serving in all six years, and making as faithful and efficient a public officer as Summit county has ever had; Mr. Johnston also having served seven consecutive terms as clerk of his own township, being also a most efficient member of the township military committee during the late War. 864 - AKRON AND SUMMIT COUNTY. PRESENT INDUSTRIES.—Farming, stock-raising, dairying and fruit-growing may be said to constitute the chief industries of Northampton, at the present time, with the exception of the milling operations already alluded to, and perhaps somewhat extensive lumbering operations with portable steam-driven saw-mills in different portions of the township. There are at the prese time (1887) two cheese factories in the township, run by the veteran cheese manufacturer, S. Straight, Esq., of Hudson; that near the iron bridge being run the year around, with satisfactory results. [Since the above was written, Mr. Samuel McNeil has become the proprietor of the Hawkins' Station plant, which, though destroyed by fire, in June, 1889, was immediately rebuilt, and is still in successful operation.] Aside from cheese-making the sale of milk in Akron and Cleveland is quite a factor in the industrial interests of the town, Mr. Henry W. Howe, and perhaps others, shipping milk to Cleveland, from Hawkins' Station on the Valley Railway, while it is estimated that fully $3,000 worth of milk is yearly sold in Akron by the dairymen of the township. A large amount of choice beef is also yearly slaughtered for the Akron and neighboring markets, while fruits and the production of almost every variety of vegetables, grain, etc., serve to make Northampton, notwithstanding its natural physical disadvantages, and its former questionable moral status, one of the most prosperous townships of Summit county. di NORTHAMPTON'S OFFICIAL ROSTER (1891.) Trustees, Edward Donohue, Frederick Harrington, Adam Botzum; clerk, William Kline; treasurer, Wallace Scott; justices of the peace, Henry W. Howe, A. L. Hart; constables, Edwin B. 1 Howe, William Voss; postmasters, Henry W. Howe, Ira, (Hawkins' Station); Jacob P. Harris, Buckeye, (Botzum Station); Adah Roose, Vester, (Steele's Corners.) NORTHAMPTON'S CRIMINAL RECORD. The killing of the canal driver, Nathan Cummins, in 1832, by Abner S. Barris, a dissolute denizen of Northampton, his arrest, trial and conviction of murder in the second degree, imprisonment and death, is given in full elsewhere. This, with the traditional killing of one or two troublesome Indians within the township, by Jonathan Willliams, a pioneer hunter of the neighborhood, and the reputed killing of a young German laborer upon the canal in 1826, by a gang of infuriated Irish laborers, constitutes the entire early " civilized " homicidal history of the township. In minor crookedness, however, her early history, if fully written up, would simply be immense, though even then, the majority of her people were pre-eminently orderly and upright. Passing by, therefore, the depredations of that sweet-scented pair of burglars, thieves and neighborhood pests, of a third of a century ago" Lishe" Wait and George Sapp—and the more extensive and more important financial operations of her other long-time distinguished citizens, "Jim" and "Dan" Brown, fully treated of elsewhere, we will close this chapter with a brief account of her two latest homicides—the killing of Elisha Whipple, by Patrick Dunn, in 1878, and the killing of John Tedrow, by Thomas Brook, in 1882, as follows: THE DUNN-WHIPPLE HOMICIDE - 865 Patrick Dunn was born in Tipperary county, Ireland, in 1830, and emigrated to America in 1850, then twenty years of age. Stopping a short time with a sister, in Connecticut, he went to Illinois, where he remained a few months, when, in the fall of 1850, he came to Ohio, first stopping at Twinsburg, where, after a short sojourn with Ezra Starkweather, he worked for Ezra Clark about two years, while there attending school part of the time. He afterwards worked at Aurora and Solon. September 11, 1857, he was married to Catharine Jones, in Cleveland, returning with his wife to Solon, where he continued to work until the breaking out of the War, in 1861, when he enlisted in the army. Serving faithfully three years, under Blunt, Steele, Solomon and Wier, in Arkansas and the Indian Territory, he was honorably discharged in 1864, returning to his family in Solon, soon after which he bought a partially cleared farm of 73 acres in the northwest part of the township of Northampton. Dunn was rather small of stature, quiet and pleasant in his hearing, and industrious and economical in his habits, Mrs. Dunn being somewhat more sprightly and sociably inclined, with little or no education and refinement, but withal a diligent, tidy and frugal housekeeper. In the purchase of the farm, though paid for with Dunn's previous earnings, and his bounty money and savings as a soldier, he readily assented to the suggestion of his wife to place the title to the newly purchased farm in her name, both jointly working faithfully for its improvement for several years. BEGINNING OF THE TROUBLE.—Family matters appear to have gone along smoothly enough, until about 1875, or 1876, when differences seem to have arisen between the husband and the wife, the exact nature of which is unknown to the writer. In these differences their oldest child, and only son, Harry W., then some 17 or 18 years of age, seems to have sided with his mother, while certain of the neighbors also appeared to take quite a lively interest in their affairs, especially the late Loyal J. Mix, the adjoining landowner upon the north and west, and Elisha Whipple, a bachelor, residing with his parents, Mr. and Mrs. Chauncey Whipple, owners. of the adjoining farm upon the south. Mix was the owner of a dilapidated log shanty standing near the line of Dunn's land, which had been a great annoyance to the Dunns, by reason of the objectionable tenants to whom it had from time to time been rented. Hard words had ensued between Dunn and Mix, in regard to the matter, and when finally, while standing vacant in the Fall of 1876, the shanty was burned, Mix charged Dunn with setting it on fire, also accusing him of having cut the throat of a colt that was running in a contiguous pasture. INDICTED FOR ARSON.—Nearly a year later, in the latter part of 1877, Mix filed an affidavit against Dunn, before Justice Abial L. Waite, charging Dunn with arson, placing the value of the burned shanty at $50 and, largely on the strength of the testimony of the wife and son, Dunn was bound over to court, the grand jury at the October term, 1877, on the same testimony, finding a bill of indictment against him for that crime. Later in the term, trial was had before Judge Newell D. Tibs. After a patient hearing of the case, under the charge of ge Tibbals, the jury, after brief deliberation, through its fore-n, the late Clement J. Kolb, of Akron, returned a verdict of not 55 866 - AKRON AND SUMMIT COUNTY. guilty, the impression very largely obtaining that the entire proceedings were the offspring of spite, partaking rather of the nature of a conspiracy to get rid of Dunn, by securing his incarceration in the penitentiary, than a desire to further the ends of justice and vindicate the law. PETITION FOR DIVORCE.—These accusations and proceedings very greatly augmented the family discords, and undoubtedly drew forth many hard words from Dunn, and equally spirited retorts from the wife and the grown up son, Harry, the oldest daughter, Mary, then about 15 years old, partially siding with the mother in the family imbroglio. Immediately after the acquittal of Dunn on the charge of arson, a petition for divorce was filed by Mrs. Dunn, through her attorney, the late Frederick S. Hanford, charging Dunn with gross neglect of duty for three years last past, and with extreme cruelty, and praying that she be granted a decree of divorce, with a restoration of her maiden name, Catharine Jones, the custody of her children, Harry W., 19; Mary T., 15; and Lotta M., 3; and the confirmation to her of the 73 acre farm of which she already held the fee, and all the personal property thereon; a supplemental petition also asking for an injunction restraining him from interference with her person or the property in question. The answer to the above named petition, filed by Dunn, through his counsel, the late Nathaniel W Goodhue, Esq., denied the charges of gross neglect of duty and cruelty; admitted that Mrs. Dunn held the title to the land, but denied that she was the sole owner, it being bought with his money, and that ever since taking possession he had worked industriously for its improvement, paid the taxes,etc.; that all the personal property was his, and that for the past two or three years she had been very unkind; had crossed, annoyed and worried him in every conceivable manner, for the purpose of driving him from home, etc. The divorce suit came on for hearing at the May term of the court, 1878, before Judge Tibbals. In addition to the statements of the wife, the son and oldest daughter, a number of the neighbors testified against Dunn, Elisha Whipple being especially active in procuring and giving evidence favorable to the petitioner and damaging to defendant, providing Mrs. Dunn with money with which to carry on her suit and pay to Dunn the few hundred dollars of alimony, which it was finally conceded he was entitled to, should the prayer be granted, as Judge Tibbals, after a patient hearing of the case, concluded had better be done, and a divorce was entered accordingly. THE ANIMOSITY DEEPENS.—Of course, these occurrences very greatly embittered Dunn against all the parties who had been instrumental, as he believed, in despoiling him of his property and driving him from his home, and especially against Elisha, Whipple whom he regarded as very largely the instigator of the proceeding, for his own selfish ends and sinister purposes In the meantime, however, yielding to the inevitable, Dunn, after assisting several of the neighbors in haying and harvesting, about the middle of August, 1878, secured permanent employment with Mr. Edward McCauley, in the south part of Hudson township. Here he faithfully worked until the latter part of October, when he worked for a month or six weeks for Mr. Henry Scott, of Northampton, returning to Mr. McCauley's in the fore part of December PROVIDES HIMSELF WITH A REVOLVER - 867 LINGERING AFFECTION FOR FAMILY.,—Though working faithfully, and at times manifesting considerable cheerfulness, Dunn talked a good deal about his troubles, and, though speaking bitterly against Whipple, Mix and others, who had meddled in his domestic affairs, still seemed to retain a good degree of affection for his family, at one time signifying his intention to buy a cow for his woman, and expressing the hope that he might be again reconciled to his wife, and help to pay off the mortgage of $650, which she had placed upon the farm in favor of Whipple for money furnished as above indicated. His affection for his two daughters was very marked, especially for little four year old Lotta, quite often going to the house and taking to them some little tokens of affection and remembrance STILL FURTHER CAUSE FOR ANIMOSITY.—In addition to having been Mrs. Dunn's confidential adviser in the family and property troubles above noted, Whipple claimed that there was a balance of some $20 or $25 due from Dunn to him on some previous business transactions, the validity of which claim Dunn denied, and about which angry and threatening words had passed on both sides, Whipple giving out, among the neighbors, his intention to collect the same by garnisheeing Dunn's wages, and Dunn declaring to the party who informed him of Whipple's intention, that if Whipple undertook to do that he'd " fix him," etc. The frequent visits of Mrs. Dunn to the Whipple mansion, and the numerous calls of Whipple upon the divorced wife, were reported to Dunn, from time to time, all of which, if not inspiring in the breast of Dunn a spirit of vengeance at least caused him to anticipate trouble if they should happen to come in collision during one of his occasional visits to his old home. PURCHASING A REVOLVER.—This was the condition of affairs in January, 1879. About the 24th of that month Dunn visited Hudson Village, where he bought from Mr. John L. Chapman a small five-shooter revolver, with cartridges to match. On his return to McCauley's he retired to bed without saying anything about his purchase, The next morning, at the breakfast table, Dunn remarked that he wished he had a revolver so that he could 'hoot some of the bats that were flying about his room. Mrs. McCauley responded that if she was not mistaken she heard a evolver snap as he (Dunn) was going up stairs the evening before, Dunn saying, in reply, "I guess not.' VISITS NORTHAMPTON.   Obtaining $5 on account, from Mr. McCauley, on Saturday afternoon, January 25th, Dunn started for Northampton to be gone over Sunday. Saturday night he staid with Alonzo Cox, the third farm east of his old home; spent Sunday visiting among his old neighbors, calling during the day to see his children, and speaking kindly to his late wife, who had for several days been confined to her bed b57 sickness. He spent Sunday night at the house of Mr. Merwin Gibbs, the second farm south of his old place, the Whipple farm lying between. THE FATAL RENCOUNTER.—About 8 o'clock, on Monday morning, Dunn left the house of Mr. Gibbs, saying that he was going to the river, his old home being directly upon his route. As he neared the house, standing at the north side of the east and west road, and facing south, he discovered a horse hitched to a small peach tree near the southeast corner of the house, there being no fence 868 - AKRON AND SUMMIT COUNTY. between the house and the street. Surmising that the horse in question belonged to Elisha Whipple, his naturally impulsive temper was at once aroused, and when Whipple opened the door in response td his knock, with an opprobrious epithet he indignantly inquired what he (Whipple) was doing there? Maddened at the vile name applied to him, Whipple rushed upon Dunn, and being much the larger and stronger man, bore him to the ground, in the struggle tearing his coat and inflicting several cuts and bruises upon his face and hands. The only witnesses to this scene, were Mrs. Dunn through the open door, and the little four-year-old girl; Mrs. Dunn afterwards testifying that Dunn cried " Whipple let me up!" to which Whipple responded, "I will when you learn to behave yourself," upon which both rose to their feet. The little girl closing the door at this point, there were no witnesses to what followed, except that Mrs. Dunn saw Dunn rush past the window followed by Whipple. Dunn's version of the affair was that, on rising to his feet, other angry words ensued, Dunn applying the same opprobrious epithet he had previously made use of, when Whipple again started for him, he (Dunn) retreating backwards toward the street. As Whipple bore down on him, fearing for his own life he drew the revolver from his pocket, and as Whipple fell upon him, bearing him again to the earth, he fired, blood immediately spurting from Whipple's mouth and completely saturating Dunn's face and clothing as he lay under the heavy body of his antagonist completely helpless. f DUNN'S VOLUNTARY SURRENDER.-Responsive to the screams of the little girl who had climbed to the window, Mrs. Dunn arose from her sick bed, and hastily throwing a shawl over her head and shoulders, opened the door just in time to see Dunn, who had rolled the bloody body of Whipple off from himself, rising to his feet, at about which time the son, Harry, who was at the time doing the chores at the barn, appeared upon the scene, and as he supposed saw his father rising up off the body of Whipple, which was then lying upon its back. Dunn, who in the struggle to free himself from the weight of his dead antagonist's body, had dropped his revolver in the snow, gathered up his battered hat, and returned to the farm of Mr. Gibbs, where a number of men were engaged in threshing, among them Mr. George Chase, one of the constables of the township, to whom he voluntarily surrendered himself, telling what he had done and how and why he did it. CORONER'S INQUEST.—The tragic affair created the most intense excitement in the neighborhood, and so rapidly extending to other localities, that before noon The Daily BEACON reporter, Mr. George W. Kummer, was upon the ground and back to the office again with a full report of the affair in time for that evening's issue of the paper. Justice William Viall, for the time being, acting as Coroner, issued a warrant to Constable Orrin Markham, who summoned a jury of inquest as follows: James Harrington, Abial L. Waite, Wesley J. Wise, Edwin Folk, William McLoney and Philip Klein. Although the cause of the death of Whipple was apparent from Dunn's own statement, the testimony of Harry Dunn, Catharine Jones (the late Mrs. Dunn), Frederick Hart, Merwin Gibbs and Drs. J. M. Crafts and W. S. Hough, was INDICTMENT, TRIAL, ETC. - 869 taken, the two latter having performed an autopsy upon the body. From the fact that blood had spurted from the mouth of Whipple upon his prostrate slayer beneath him, it was at first supposed that the ball had passed through the mouth and into the brain. The examination, however, showed that the ball entered the left breast between the second and third ribs, passing through both lungs, through the upper edge of the eighth rib, and lodging in the right shoulder blade; corroborative of Dunn's statement; Dr. Crafts testifying that the person shooting must have been above; or the person shot stooping forward; other testimony showing that the ground was slightly descending from the house to the road, and that it was 42 feet from the door-step to where Dunn and Whipple fell. PRELIMINARY EXAMINATION.—The verdict of the coroner's jury was, of course, to the effect that Whipple came to his death by a revolver-shot fired by Dunn. Justice Viall issued a warrant duly charging Dunn, already in custody, with deliberate and malicious murder, and the defendant, waiving an examination, was taken to Akron the same evening, by Constable Chase, and duly consigned to the custody of Mr. Albert T. Manning, the writer's very efficient jailor at that time. INDICTMENT, TRIAL, ETC.—At the May term of the Court of Common Pleas, 1879, Judge Newell D. Tibbals on the Bench, Prosecuting Attorney Edward W. Stuart laid Justice Viall's transcript of the case before the Grand Jury for that term, constituted as follows: L. E. Humphrey, Frank Ehrich, Orson Cook, M. C. Danforth, C. Fell, John Gottwalt, S. N. Weston, Williston Ailing, George L. Bishop, Oliver P. Falor, Joseph Jennings, Orrin L. Walker, Benjamin F. Thompson, John Allen and A. V. Amerman. A "true bill" charging the defendant with premeditated and malicious murder was returned. On this indictment the prisoner was arraigned on the 23d day of June, 1879, entering a plea of not guilty, Gen. Alvin C. Voris and Gov. Sidney Edgerton defending, and Hon. Henry McKinney, of Cleveland, assisting Prosecutor Stuart, on behalf of the State. OBTAINING A JURY.—A full day and a half was consumed in procuring a jury, 119 persons being examined in all, before the panel was declared full, as follows: H. H. Bliss, of Northfield; J. L. Bender, Springfield; J. B. Richardson, Tallmadge; S. L. Oviatt, Northfield; Wallace S. Saxton, Fifth Ward, Akron; B. S. Braddock, Richfield; A. S. Wheeler, Cuyahoga Falls; Jacob Clouner, Springfield; Alfred Wood, Second Ward; David Hanscom, First Ward; George F. Kent, Sixth Ward; and Smith Pangborn, Fourth Ward. The examination of witnesses consumed nearly three days, 113 in all being in attendance and nearly all sworn and examined. Prosecutor Stuart occupied about four hours in his opening .argument for the State; Gen. Voris and Gov. Edgerton about five hours each for the defense, and Judge McKinney closing the argument in behalf of the prosecution in a plea of about three hours, all earnest, able and eloquent efforts. The charge of Judge Tibbals was exhaustive and perspicuous, and so satisfactory to counsel on both sides that no additional suggestions were made by either, elaborately explaining to the jury the different degrees of homicide, and the rules of law applicable 870 - AKRON AND SUMMIT COUNTY. to each, carefully explaining the law of self-defense or justifiable homicide, and especially admonishing the jury to weigh well the testimony in regard to the sanity of the defendant, who, if found to be insane at the time of the commission of the act, would be entitled to a full and unconditional acquittal. A " COMPROMISE" VERDICT.—The jury retired to their room at 5:30 P. M., Tuesday, July 1, the eighth day of the trial. At 9 A. M., Wednesday, the jury requested more light upon the subject of premeditation, and were recharged by Judge Tibbals upon that point At 2:35 P. M., the jury, through their foreman, Mr. David Hanscom, rendered a verdict of "murder in the second degree." It afterwards transpired that after a unanimous ballot against the hypothesis of insanity, the first ballot as to the degree of guilt stood: First degree, 7; second degree, 4; manslaughter, 1. Several precisely similar ballots ensued, when the manslaughter man announced his willingness to vote for second degree, but could go no further, and many ballots followed, 7 to 5. At the end of 24 hours, one of the first degree men proposed to yield to the second degree men, in order to avoid the trouble and expense of another trial, but some of his fellows objected on the ground that if a life sentence to prison, only, was imposed, after a few years, through the intercession of friends and interested counsel, he would be set at liberty again by some tender-hearted governor. Some juror being aware of the fact that among other prerequisites for the procurement of a pardon was a petition or recommendation from the jury, before whom the conviction was had to that effect, and it was then and there solemnly agreed, in a writing signed by all, and placed in the hands of the foreman, that none of them would ever sign such a petition, or recommendation, without the consent of all the rest, and hence, probably, the failure of the effort to secure a pardon for poor Dunn, some two or three years ago. Quere.--Was not such an agreement, on the part of the jury, a proceeding that would have invalidated the verdict, had it been known, and advantage taken of it at the time, and, if *so, is it yet too late for the friends of the pr, oner to make it available in his behalf? PRONOUNCING SENTENCE.—NO motion for a new trial having been filed, on Monday, July 9, 1879, at 11:15 A. M., the prisoner was brought in for sentence. Commanding him to stand up, after a brief reference to the crime charged, the fairness of the trial, the verdict of the .jury, etc., Judge Tibbals inquired of the prisoner if he had anything to say why the sentence of the law should not be pronounced? Dunn replied, in substance, that what he did was done in self-defense, and the Judge was proceeding to comment on the fearfulness of the offense which had been committed, and the presumption that when a man thus took the law into his own hands to redress a real or supposed provocation, the party must be a desperate character, and unsafe as an associate for his fellow men. At this point Dunn again spoke: " I had no idea, Your Honor, when I went to my wife's house, that day, of meeting Whipple. When I went to go into the house, Whipple held the door open about six inches, and then I asked him what he was doing there? Before I had finished the first sentence he pitched onto me and cut me in the head and cheek. Then he threw me down in the mud and tore my clothes. When I SENTENCE, IMPRISONMENT, ETC. - 871 got up I found blood on my cheek, and turning around to Whipple I said: 'Whipple, * * * * I'll settle with you for this some other time.' My revolver was then in my pocket, but I never drew it till he came at me again." Judge Tibbals—"No doubt your private life was that of a peaceable, quiet man till you got into those domestic troubles out of which came a divorce and decree setting aside a certain sum to u. Then your troubles ought to have ended. You ought to have left your wife entirely alone—abandoned her. That decree settled the matter irrevocably, so that so far as visiting her was concerned, you had the same right as any man has to visit an unmarried woman, and you had a moral and social right to go there to see your children. But you had no right to go there and dictate to or her concerning her associates or her conduct. You went there undoubtedly for a proper purpose; I assume nothing else. "But I have no doubt that during the eight months after your divorce you suffered yourself to brood over your troubles. You then, in my judgment, deliberated on taking the life of those who had caused them. Your purchase of a revolver, and the secrecy with which it was done, indicate that. The fact that the difficulty arose in a sudden quarrel, whether provoked by Whipple or not, and that then you decided to carry out your purpose, justified the jury in finding as they did, and I am thankful that the verdict is as it is. I feel like commending the jury for the manner in which they determined the issues arising in this case, carefully and considerately weighing all the evidence. I think the mistake arose, on your part, in thinking that a man can so enlarge upon the rights which the law gives him as to presume to take the life of another. It is something which cannot be tolerated." Dunn.—"I want to say, Your Honor, that before the fatal shot, I had two chances to take Whipple's life, if I had wanted to; one when I met him at the door and the other when he first had me down. I could easily have taken his life either time if I had wanted to." Judge Tibbals.—"That is undoubtedly so. But I only want to say, further, that the community must stand squarely up to this principle, that only when one's life is in danger at the hands of another, is he justified in taking the life of another. There only remains to me now, the painful duty of imposing the penalty of the law, concerning which no discretion is left me. It is the sentence of this court, then, that you be taken hence to the jail of this county, and thence, within 30 days, to the penitentiary, and that you there be confined at hard labor during the term of your natural existence—no solitary confinement to be included in this sentence." HOW DUNN LOOKED AT IT.—Dunn was one of the most docile and conscientiously obedient prisoners that, in his eight years experience as sheriff, the writer ever had in his keeping. Being thoroughly imbued with the idea that in killing Whipple he had acted purely in self-defense—the procurement of the revolver being solely for that purpose, in case Whipple, in his enmity, should ever, as he expressed it, "pitch onto him"—he very keenly felt what he believed to be the great injustice of his conviction. Contemplating the long and dreary imprisonment which the ver- dict irrevocably presaged, he at first gloomily asseverated that he 872 - AKRON AND SUMMIT COUNTY. would have preferred to have been hung, and was at times so despondent that the writer was somewhat fearful that he might attempt to take his own life. But finally, on the suggestion of his friends, who of course knew nothing of the agreement of the jury, above stated, that after a few years of faithful service the governor might grant him a pardon, he became reconciled to his fate, and entered upon his long term of imprisonment, on the 10th day of July, 1879, with comparative cheerfulness. DISPOSING OF HIS BELONGINGS.—Before leaving for the penitentiary Dunn designated how his personal effects should be disposed of; presenting a pair of boots to one, sundry articles of clothing to another, his pocket knife to a third, of his tried and true friends, etc., also leaving suitable mementoes for his little girls, and lastly presenting the revolver with which the shooting was done, together with the fatal bullet, as well as the unexploded cartridges, to the writer, by whom it is still retained as a relic of the tragic event. During his confinement in jail, sundry sums of money had been paid to him by those for whom he had worked, and others indebted to him, of which there remained, after settling with his attorneys, and others, the sum of $68 at the date of his incarceration in the penitentiary. On the way to Columbus he inquired as to whether he would be permitted to keep the money on his own person. On being told that it would be placed to his credit on the prison books, subject to his order, he said he didn't know anything about " them fellows," but he did know me, and he would prefer to have me keep it for him, and he would write me from time to time how to disburse it; it being his intention to use the most of it for the benefit of the little girl, Lotta. On arriving at the penitentiary, I accordingly gave him my receipt for the money, subject to his order, which receipt, together with his soldier's discharge papers, were duly deposited with the prison clerk. A CHEEKY DEMAND.—The ex-wife of the life-convict—Catharine Jones—learning from some source that Dunn had deposited a sum of money with me for the benefit of Lotta, paid me a visit and insisted that as the court had made her the custodian of the child this money should be placed in her keeping also. I told her that I held it subject to Mr. Dunn's order, and if she would procure from him an order to that effect, I would pay it over to her, but not otherwise. The order never was presented. A little over a year later, however, after Dunn had become better acquainted with "them fellows," he ordered the money sent to the prison authorities to be placed to his credit on the books of that institution, which was accordingly done on the 29th day of October, 1880, my receipt to Dunn having been duly returned to me by Warden Noah Thomas; the disposition since made of said funds being to the writer unknown The divorced wife—Catherine Jones—sold her farm to George Oscar Kidder in the spring of 1880 (it being now owned by Benjamin Payne) and the entire family removed to Cleveland, the son and oldest daughter having married, while the youngest daughter is reported to be developing into a bright and intelligent young lady, and though no stigma should attach to her by reason of the family infelicities of. the parents, and the ignominous fate of the father, she is at times, doubtless, saddened by the recollection of THE KILLING OF JOHN TEDROW BY THOMAS BROOK - 873 the fearful tragedy, of which, then but four years old, she was the only eye-witness. DUNN'S PRISON RECORD.—On his first commitment, Dunn was assigned to the clothing department, where he was employed in keeping the uniforms of his fellow-convicts in repair, but whether he is still doing that comparatively light and easy work the writer is not advised, though a recent note from Warden E. G. Coffin, states that his record as to deportment is clear, no infractions of the prison rules ever having been reported against him; and though now quite advanced in years (62), he still, doubtless, cherishes the hope of once more being permitted to breathe the air of freedom and again mingle with his many friends and acquaintances in Summit county. THE BROOK-TEDROW HOMICIDE.—" Yellow Creek Basin,"—an ancient business emporium on the Ohio canal, in the township of Northampton, about six miles north of Akron; afterwards for many years called "Niles," and upon the advent of the Valley railway, rechristened "Botzum "—was fully described earlier in this chapter, besides being often referred to in connection with the doings of sundry distinguished characters who in an early day did there and thereabouts abound. Though in recent years as peaceable and orderly as the average non-incorporated and non-policed hamlet upon the waterways and railway lines of the country, the village of Botzum was the scene of a fatal tragedy on the night of October 27, 1882, a brief account of which will be in order here. THE PARTIES TO THE AFFRAY.— Seth M. Thomas, a man in middle life, was the keeper of ,a boarding house, or house of entertainment, in the original heitel building, on the east side of the canal, north of the road leading to the covered bridge across the river. Thomas Brook, an Englishman by birth, a single man 24 years of age, short of stature but strong of build, had been a resident of the neighborhood some two or three years, making his home with his brother, Mr. John Brook, who, as tenant, was working the farm of Mr. John Botzum, a short distance from the village; Thomas Brook also being the favored suitor for the hand of Miss Ellen Thomas, the 22 year old daughter of Mr. Seth M. Thomas, landlord of the hotel referred to. John Tedrow was a tall and muscular, dark colored mulatto, from 25 to 30 years of age, who had resided in the neighborhood some six or seven years, working wherever he could find employment among the farmers of the vicinity. Tedrow was a good worker, and when sober was pleasant and well-liked by those who employed him; but, unfortunately, he was addicted to drink, and when under the influence of liquor, was quite turbulent and quarrelsome. The Buckeye Band, a musical organization, composed of the young men of the village and vicinity, had its headquarters at the hotel, the band-room being upon the ground floor, directly under the ball-room in the second story. BAND BENEFIT DANCE.—On the night of Friday, October 27, 1882, the Buckeye Band gave a social dance at the hotel in question, which was participated in by some 15 or 20 couples of the young people of the neighborhood. During the afternoon Tedrow, with a white companion, had been to Akron, from whence he had returned on the evening train pretty hilarious, though not as yet 874 - AKRON AND SUMMIT COUNTY. absolutely drunk or especially quarrelsome Eating supper at the hotel, they repaired to a neighboring saloon, where they continued to "imbibe" until after the dancing had begun at the hotel, when they returned thither, where Tedrow's drunken " pleasantnesses" began to manifest themselves in seizing hold of landlord Thomas, and roughly pushing and pulling him about; pushing or knocking Thomas Brook from the porch and falling upon him, soiling and tearing his coat, etc.; visiting the ball room and making use of considerable abusive, obscene and threatening language. These demonstrations, though not especially resented at the time, were not at all relished by the victims of his abuse, and did not produce the most amiable feelings towards Tedrow. After he, with some three or four white boon companions, had again gone to the saloon in question, Brook sent" Charles Thomas, the 16 year old son of the landlord, to the ball room for Miss Ellen Thomas and Miss Mabel Gray (a sister of his brother's wife) to come down to the kitchen and mend his. coat, which had been so badly torn by Tedrow. On the completion of the job, the four—Brook, Ellen and Charles Thomas and Mabel Gray—again started for the ballroom. As they passed from the kitchen into the hall they heard a disturbance in the band-room. Surmising that Tedrow was again on the rampage, and saying to Ellen that he could not see her father hurt, Brook started through the wash-room towards the band-room to render such aid as might be needed by Mr. Thomas. Before reaching the band-room, however, Mr. Thomas opened the door and rushed out through the wash room, followed by Tedrow. The latter, on encountering Brook, seized him by the collar, with both hands, and commenced jerking him around. Seeing her lover menaced, Ellen Thomas rushed in between them, and placing a hand on each side of Tedrow's face, said: "Tedrow what do you mean ?—do you know where you are?" While thus standing, Ellen Thomas between the two men, Tedrow received a severe blow upon the side of the head from an ax, felling him instantly to the floor, from the effect of which he immediately expired. DELIVERING HIMSELF UP.—This sad affair, occuring near the midnight hour, of course brought the festivities to an abrupt termination. On becoming satisfied that Tedrow was really dead, Brook, accompanied by Thomas Lancaster, drove to Akron, and meeting Policeman David R. Bunn, on Market street, at about 3 o'clock Saturday morning, placed himself in the custody of that officer. At Brook's request, officer Bunn took him to the residence of General A. C. Voris, on Fir street, and from thence, after a brief consultation with the General, he committed Brook to jail. PRELIMINARY EXAMINATION.—The ax, with which the fatal blo was struck, belonged to Charles Thomas, and, as stated by him, was left as usual, the evening before, at the wood-pile, some 5() feet distant from the house, and the question was, by whom and for what purpose was it removed from the wood-pile to the washroom, and so conveniently to hand at that particular moment. There being, at the coroner's inquest, held by Dr. B. B. Brashear, some testimony tending to show that Seth Thomas handed the ax to Brook, and that on rushing from the band-room with Tedrow in pursuit, he had rushed to the wood-pile, seized the ax, and returning to the wash room, just as his daughter had stepped in