Perry County, Ohio - Chapter 6: Tragedy and Comedy, 1883

Tue Murper or DEArMAND. - The first noted tragedy that occurred in the county, after its organization, was the murder of a Frenchman, by the name of DeArmand, which occurred about one mile northeast of New Lexington, near the Rehoboth road, in 1822. De- Armand was a blacksmith by trade, had a shop in Somerset, and, had also worked in Rehoboth and New Lexington, and was well known to the citizens of those villages. He was a ye mechanic, intelligent and of good manners, and was esteemed wherever known. On a Sunday afternoon of the: year named, he was in Rehoboth, called at the Post Office, and received a letter. He at once opened the letter in the presence of several parties, took from it a ten dollar bill which the letter contained, and soon after started on foot for New Lexington. After proceeding some distance walking leisurely, he observed two men coming along the road behind him. They came up with DeArmand a little south of the township line, on the farm of John Colborn. The three men walked along conversing in a friendly manner, when one of the strangers proposed to go a short distance from the road into the woods and enjoy a game of cards, to which proposition DeArmand consented. 'The public road at that time was some rods further east than at present, and the place where the men stopped to play is within three or four rods of the present line of the road, near the head of a ravine, and about twenty or thirty rods from the present residence of Joseph Hammond. After playing a short time the men demanded the money, which they said they had seen DeArmand take from the letter at the Post Office. DeArmand, quick as thought determined to defend himself and money. He struck one of the mena heavy blow with his cane, which felled him to the ground. The other assailant closed with DeArmand, but he could probably have managed him also, when the one that DeArmand had knocked down with his cane, recovered and came to the assistance of his comrade. Both the strangers had been roughly handled by the plucky, mercurial Frenchman, but they now attacked him furiously with knives, he still fighting and struggling for his life. They stabbed and lacerated him 1n various places, in a most brutal manner. Ile became unconscious and his assailants left him for dead. He did not know how long he remained insensible, but when he regained consciousness, he could not walk, stand, or halloo loud enough to attract attention, and secure succor; but during the night he managed to crawl down the ravine one fourth of a mile to where it intersects the road. TTere the next morningy he was discovered by Napoleon B. Colborn, asmalll boy, who was attracted to the spot by the strange waving of the tall grass. DeArmand was weltering in his own blood, and nearly dead. He was conveyed as soon as possible to the residence of John Colborn, the nearest house, and medical aid procured. DeArmand rallied to some extent, and his mind was clear enough to tell all about the great misfortune that had befallen biter dh was clear that his assailants intended robbery, at least, but the general opinion was that he was in possession of some information, which if disclosed in court would bear hard against parties who had been accused or suspected of certain crimes or misdemeanors. DeArmand lingered for six weeks, but after all that medical skill could do, he passed away, dying as a result of the many fearful wounds he received in that unequal, bloody encounter, in the lonely, silent woods. Ile was a Catholic, in religion, and Father Dominic Young, then a young Priest, came and ministered the spiritual consolations of the Church, in his dying hours. Jacob Costigan, now an old citizen of Somerset, then a boy in his teens, was present with Father Young on this occasion, It is not known that DeArmand had any relatives in this country. Far from his native and beloved France, yet in the country of his choice. with only strange hands to smooth his pillow, and receive his dying grasp, he passed into the realms of the unseen and eternal. His mortal remains were interred at St. Joseph's cemetery, sixty years ago. No arrests were made at the time, and the slayers of DeArmand were never apprehended. The two men were seen Sunday afternoon crossing the forebay of Comlys milldam, at New L.xington. One of the men had his head tied up. They did not go through the town, but passed around it near where the Ohio Central road now runs. They were seen by several persons crossing Rush Creek at the mill, but nothing was then known of the murder. It seems strange now that clews were not followed up, but the country was new, and at that time sparsely populated, and there were no professional detectives. - Whoever the murderers were, they are doubtless dead, and slayers and slain have

THe Execution oF Davin Work. - An account of the trial of David Work for the murder of Christopher Hocker, is given in the chapter upon Courts. David Work was a citizen of Fairfield county and a man of property, residing about two miles west of Lancaster. [le was about thirty-six years of age. He had living with him, a boy, Christopher Hocker, aged about fifteen or sixteen years. Work and some of his neighbors did not get along very amicably. Sometime in the spring of 1836, one of his neighbors got out as sxarch warrant for missing property, consisting of a number of small articles, and they were found upon the premises of Work, who was subsequently arrested for the Jarceny, and at a preliminary hearing before a magistrate Christopher Hocker was a witness, and his evidence tended to criminate Work. Sometime after this preliminary trial, the boy, Hocker, was missing. Suspicion was aroused, a search was made, and his dead body was at last found buried in Work's cornfield. Work was charged with the murder, and by reason of change of venue, was tried, convicted and hung at Somerset, in Perry county.

Kishler was Sheriff and had the prisoner in charge about thirty-five days. When the fatal day came, there was an immense assembly of people congregated either to witness the execution or attracted by the military and civic display that was anticipated. Perry county at that time contained several military companies, known as the Somerset Guards, National Guards, New Lexington Guards, Rehoboth Guards, Perry Guards and two companies of calvary. They were all, or nearly all, present, and acted in support of the civil authorities in the execution of the law. Executions were then public, and multitudes were sure to be present on all such occasions. The clashing of sabers, the waving of plumes, the sound of martial music, the various companies all differently uniformed, and the thousands of people, all contributed to a spectacle the equal of which was never seen in the county either before or since.

When the fatal hour came Work was prompt and ready, and he, attended by the civil officers, filed out of the old jall, his last dreary abode, into a hollow square of military escort. The martial music struck up. and the word ''forward march" was given. The gallows had been erected about one-fourth of a mile west of town, on a little knoll situated in a narrow valley, with surroundings very much in the nature of an amphitheater. The distance from the jail to the place of execution was about halfa mile. The civicand military escort marched up Columbus street to the eastern Public Square, then down Main to the western Public Square, and on through the western end of town to the appointed place. Work walked all the way, and with military step, kep time to the sound of martial music, in unison with his military escort. Upon reaching the place of execution, the populace was: kept back and the gallows surrounded by the military. Work was nerve to the last ; he ascended the gallows stairs with steady step and took his place on the platform. There was little delay, and the trap was. soon sprung and the soul of David Work launched into eternity. Many of the vast crowd had turned away before the final scene, and a deep feeling of awe rested upon all who were present. :

Work had been convicted upon circumstantial evidence alone, though the proofs appeared to be very convincing ;'and everybody familiar with the case and the evidence brought forth at the final trial, both in Fairfield and Perry, came to the conclusion that the accused was guilty, as charged. Nevertheless, it is not too much to. say - after a lapse of nearly fifty years, and the additional light thrown upon the inconclusiveness of circumstantial evidence, on both sides of the Atlantic - that David Work may possibly have been innocent of the murder of Christopher Hocker. Inthe light of a possible doubt that might exist in the case, there were persons who expected to the last that a reprieve might come, and Work be sent to the penitentiary. It is asserted by old citizéns that a brother of the murdered boy - who was unknown to all but a very few, anticipating that a reprieve might come even after the prisoner had left the jail - rode along near the military escort, from the prison to the scaffold, armed and resolved to take summary revenge upon Work, if his execution should be, from any cause, postponed. It does not appear that Work hoped for any reprieve, and, words and actions tended to show that he expected to meet death at the time and manner appointed. Forty-cight hours before the execution, Work, with the hand-cuffs upon his wrists, deliberately wrote a short sketch of his life, and gave his version of the circumstances which led to his arrest, trial and conviction. Without saying so directly, he intimates clearly that there were other persons who, for some cause, might have motives for putting Hocker out of the way. and that, at any rate he (Work) was innocent of the murder, and altogether ignorant of the manner in which the unfortunate boy came to his untimely and violent death. ;

It is but fair to all, living and dead, to conclude this sketch of the execution of David Work, with his own words, as written down fortyeight hours before his death. Accordingly, the closing paragraph of his address or proclamation to the public is here subjoined :

'TI now wish to inform the public that I have been falsely accused and that I am as innocent of the murder of Christopher Ilocker as the child that is unborn. J would not say so if it was not the truth; so you see the effect of exaggerated minds on an individual that suspicion may be fixed upon; the imagination is evil, and all his doings are evil; he will not be allowed :credit for anything that ever was done in his life, even though he had never lifted his hand against his fellow in violence, he can, by 4 cold unfeeling world, and through the power ot false evidence be sentenced to death. J] myself, expect to be put to death in less than forty-eight hours. My death warrant was read to me on last Saturday week, by the Sheriff, my collin is made, my shroud is made, the rope is made, the gallows is made that I am to be executed upon; and T now declare to the public that | am not guilty of the crime of murder. I defy the world to produce aman that'can say in truth, that I ever lifted my hand against any individual in violence, and, in particular, I challenge the living friends of all that are dead to produce a single truth, as evidence taxing me with violence on the person or persons of any that are dead. Reports have come to my knowledge that I had murdered my wives, and that T had murdered a peddler, and that I was guilty of misdemeanors almost without number. I will here state that I never saw but one peddler in my house, and his name was Murray; and that I saw him in the month of May last in Greencastle, ten miles northwest of Lancaster, Ohio. It will be one hundred and forty-five days on the day of execution that T have lain inside of the walls of a prison, bound hand and foot. 1 write all that I have wrote, with my hand-cuffs riveted on, nor can J have them taken off until the day of execution, when I am to dress myself in my shroud, and be taken from the jail to the gallows. IT am, myself, the first man I ever saw in irons; my trial was the first I ever had before a jury; I never have been before this, my trial, brought into a court house, not even as a witness In any case. ] here state that a report has come to my knowledge, that some of my relations have been partners with. me in misdemeanors that have been imagined against me. f say the world is cold and uncharitable. I will state here that I have enjoyed the best of health through all my imprisonment; my mind has been perfectly calm and collected; I have not hada single dream ; my sleep is sound and sweet, and refreshing to the body. If I thought I had time I could state something more; but the hour of my déath is just before me, and I must drop the pen. I forgive all those who have injured me, and I thank those who have waited upon me through this my imprisonment. I wish Zebulon Kennard to have twenty dollars for his kindness-to me while guarding the jail, when collected. I subscribe myself the unfortunate D. Work."

Tue HirropromMe War. - The Hippodrome War, as the disturbance is usually termed, which occurred in Somerset, in September, 1853, was a very serious affair, and for a time threatened far greater dangers.

Welch's Hippodrome, a large traveling show, was announced to exhibit in Somerset, Wednesday, September 7th, of the year before mentioned, and came on according to announcement.

At this date, and for months previous, work was in progress on the old Scioto and Hocking Valley Railroad. There were at least two hundred laborers engaged upon the ''deep cut" at Somerset, and there were many other hands employed upon another section, not far away. Nearly all of these railroad hands were of Irish nationality and quite a number of them had been discharged from other places, and were generally looked upon as dangerous men. The great majority, however, were peaceable and industrious.

The Hippodrome had been extensively advertised and pufted, and brought out large crowds of people, day and evening, the' weather being very fine. It had been arranged by Fink and Dittoe, the contractors on the cut, that the wives and children of the laborers should attend the show in the daytime, and the men at night. The showmen knew of this state of things, and had their fears for the night entertainment, especially as they had been informed at Thornville, or some other place, that the railroad laborers had planned and determined to take possession of the show at night. The strong probability is, that there was no yround for such a report, and it is not believed that the workmen had any such intention, though they were in and about the show in great force at night. This was only natural, under the circumstances. The report, however, made the showmen very suspicious and excited them very much. .;

The direct cause of the affray occurred inside the .canvas, not far from the entrance, soon after the commencement of the Hippodrome performance. A railroad laborer took out his pipe and began to smoke, which was of course against the rules. Just here there is a discrepancy of statements. It is claimed on one hand, that the pipe was rudely knocked out of the smoker's mouth, who resented, and a fight commenced. It is alleged on the other side that the laborer who was smoking was requested to go out with his pipe, which he declined doing, and then force was used to eject him, which brought on the fight. It is certain that the fight began fifteen or twenty feet inside of the entrance, and that very soon a dozen or more engaged in it. The showmen at first appeared to be getting the worst of the battle; then the performance stopped, when a number of:men ran swiftly from the neighborhood of 'the dressing room and took part in the combat. The men on both sides all appeared to have clubs or other weapons, and the sound of the knocks resounded thick and fast, as clubs struck other clubs or descended upon human heads. There was something of a panic among the throng of people inside the canvass ; women screamed, children cred, and a number crawled out or were dragged out under the canvass, at points remote from the place wherg the light was going on. Ilappily, however, the great majority of persons remained quietly in their seats, otherwise a disaster of great magnitude might have ensued. "Vhe showmen soon drove their antagonists outside of the tent, but there the contest continued with increased fury and additional numbers. - tron pins, clubs, stones and beer bottles were the principal weapons used. Near the entrance to the tent stood a wagon loaded with cronk'beer, in stone bottles, which were unceremoniously captured by the showmen and effectively used during the remainder of the fight, and it is not improbable that the beer vender's ammunition, pressed into the service, decided the result. It was a fearful scene, and attended by a hideous noise of growling, swearing, infuriated men. The melee did not last fifteen minutes, but seemed an hour. The showmen were victorious and soon their opponents withdrew from the grounds, taking their wounded with them. When quiet once more reigned the performance was renewed and the programme fully presented to an audience still large, though very considerably lessened.

A great many persons were bruised, cut and otherwise injured in the fight, but only one fatally. A peaceable laborer by the name of Sullivan, who was in no wise responsible for the melee that resulted in his death, was struck with a beer bottle on the head, which proved to be a mortal wound. Sullivan was a peaceable citizen, respected by his fellow workmen and resident. citizens, and his friends state that he was not even at the show grounds, but hurried there as soon as he heard of the trouble, to induce a son to go home, and persuade other friends to do the same. He unfortunately reached the ground in time to be struck by a deadly missile, receiving a mortal hurt. Sullivan was a man of family, and lived in the * Old Exchange," on Main street. Tle was carried home and died a little after midnight. Tis death was a terrible blow to his immediate family, who could not be comforted, and many of the dead man's companions and fellow laborers threatened dire venreance, and no doubt resolved upon swift retribution. They accomplished nothing that night, however, for the showmen had undisputed possession of the streets. If a stray Irishman was found, he was set upon and beaten fearfully. One poor fellow ran down Main street, pursued by five or six showmen, and at almost every step would cry out, '« Let me die aisy ; let me die aisy." He was overtaken on South Columbus street, and dreadfully beaten, thongh not killed. As a party of showmen were passing the house of the wounded Sullivan, not long before his death, they were fired upon from the second story windows of the building, at close range. The showmen thereupon attacked the house, but failed to gain an entrance and soon retired. ers

This was a memorable and fearful night in the history of Somerset. There was no military, the peace officers were powerless, and the possession of the town was vascillating between two infuriated mobs. 'The night was very dark, and citizens remained quietly at home and within doors. There was not much sleeping done, and many persons stayed up all night, patiently waiting for whatever might come.

Day at length dawned, and all felt relieved, but the end of the war was not yet. Ata very early hour warrants had been issued by a Justice of the Peace for the arrest of Welch and his company, but they refused to go with the constables to the court house, while a band of Irish railroaders, now armed with guns, had possession of the streets. These armed men had previously attacked and smashed the hippodrome band wagon, which stood in front of the American House, kept by Samuel Gordon, at which house most of the showmen were stopping. '* Disarm those rioters,' said Welch, '* or remove them to a distance, and we will go alone before the magistrate." There were about fifty State rifles in the place, which had been used by a military company then disbanded, and these, by some unknown authority, had been issued to excited railroad laborers, who were to act as special constables or police in assisting to arrest the showmen and taking them before a magistrate. The issuing of the arms to these men, by whatever authority, was very unwise action. Welch and his men would have gone before the magistrate without any force, and that is the way they did go, so many of them as were required. Quite a number of men connected with the hippodrome were permitted to remain, for the time being, in the second story of the hotel. While the preliminaries for the hearing were in progress before the magistrate at the court house, the armed Irishmen had returned to the neighborhood of the hotel. A musician connected with the show stepped out upon the pavement, was fired upon and shot down. Two or three men followed up and beat him with their guns, leaving him for dead. Simultaneously with this proceeding a general attack was made upon the hotel, and hundreds of shot were fired into the hall between the office and parlor. The side lights on either side df the hall door, and the doors, stairs and banisters were riddled with shot. The showmen who were on the second floor, armed themselves with bricks torn from the hearth and chimney, and also broke up bedsteads for the purpose of supplying themselves with weapons, in what they feared would be an unequal and terrible encounter. 'Two or three of the most turbulent spirits outside broke into the hall door, and a hand to hand fight ensued ; but the Irishmen were expelled, and one of them very severely punished. In this engagement the showmen captured one gun. 'The doors were now closed and barricaded. There was a temporary lull, and then another and more furious attempt was made to storm the hotel, and by larger numbers. This was the most fearful moment of the battle. The shooting was incessant, the noise deafening, and it looked as though the rioters would 'storm the fort.'' The treasurer of the hippodrome, who appeared at the head of the stairway, was struck in the side by a bullet and severely wounded. Several citizens, among them Mayor Morris and Gen. pee at this time made strenuous efforts to quell the riot and restore order. Lidey commanded the peace in the name of the State of Ohio, and forcibly disarmed one rioter who was about to shoot into the building. Morris, who was expostulating with the men who were trying to batter down the door, was struck with a stray shot on the nose, which drew the blood freely. Enraged at the conduct of the rioters, and smarting with his wound, churchman and Methodist as he was, he roared out to the madmen, that if they did not desist, '* He would bring out the cannon and blow them all to hell.' The rioters were finally induced to cease their bombardment of the hotel, but they occupied the streets during the remainder of the day, and refused to disband or give up the guns with which they had been armed. ;

Tt was thought at the ime that the musician was mortally wounded, but after lying several weeks at the hotel, in front of which he was shot and beaten, he was sent to his home in Pennsylvania, and eventually recovered. :

¢ As a consequence of the preliminary hearing at the court house, nine of the showmen were committed to jail to await a further trial. They were finally released in some way, and they never had a trial in the Court of Common Pleas. ; rightful authorities for military aid to quell the riot, whereupon the Zanesville City Guards, under command of Captain Graham and Licut. Hazlett, by order of the Governor of the State, responded to the call, and arrived at Somerset, seventy-five or cighty in number, at AYE a ae NU of the same day. When the strains of martial music were heard ascending the hill at the east, end of town, the rioters quickly disappeared, and in five minutes the town-was as quiet and orderly as on Sunday. The showmen soon after quietly and peaceably Ieft the place.

The civil authorities decided to disarm the men who had been engaged in the riotous proceedings of the day, and the military was made use of for this purpose. The fire-arms were nearly all found, not in the hands of those who had used them, but secreted ino beds, garrets, cellars and all kinds of out of the way places. There was not the slightest attempt at resistance to the military, bat there was a general denial of arms being about premises, and apparently no knowledge of any riot. But they were well known and could not escape in this manner. Inthe course of a few hours over one hundred men were arrested, taken to the Court House and placed under a guard to await a hearing. The investigation finally came off in the Court House before 'George Morris, Justice of the Peace. 'T. J. Gallagher, who was then Prosecuting Attorney, assisted by James Sheward, appeared for the State, and Hon. Wm. E. Fink and ahsiails Maginnis for the defendants. All were acquitted except two, and they were recognized to the Court of Common Pleas. None of the cases connected with the "Tippodrome War" ever came to a final trial.

The Zanesville Guards remained in town until Saturday morning, when peace having been fully restored, they returned home. TICK were very welcome and highly honored guests during their stay and received an ovation at the Court House just before they departed,

Many occurrences of a most ludicrous character took place clurings the Hippodrome War. Straggling showmen who ventired on) the streets Thursday morning, were quickly and mercilessly pursed, and sought refuge in all kinds of hiding places. Five or six showmen retreated to the garret of the Carroll House, where they remained nearly

Columbus street, and after remaining several hours, borrowed a suit: of female apparel, and left asa 'forlorn female" on foot. This gentleman who was then quite young, afterward became a show proprietor of considerable prominence, and years afterwards, visited Somerset with his show. His fair benefactress was gone, but he visited the spot and enjoyed a hearty laugh over the manner of his escape from the seat of war. Another showman concealed himselfin a cellar, where he remained three or four days until hunger drove him) out, when he was both surprised and gratified to find that peace and order reigned supreme. A well known citizen was wending his way home on "the first night when he was mistaken by the showmen for an Irishman and only saved himself by taking refuge ina neighbor's s house. where he lay concealed until the next day. The transient guests of the difierent hotels became panic stricken and departed the town in haste. One man fs said to have walked twenty miles before he considered it safe to stop for something to eat. The regular boarders, mostly young men, stood their ground pretty well until sent for to go to various parts of the town to remain over night in households where there were no adult male persons. [low much valor, or the contrary, these young men would have shown in case of emergency, the world will never know.

It is possible that some of these ludicrous stories may be slightly exaggerated, but it would be a difficult matter to overdraw the actual facts.

The foregoing is intended to be a fair and impartial statément of all the principal difliculties and occurrences connected with the so called "Hippodrome War." The account is collected from various published resources, made at the tine and since, and by personal interviews. with eye witnesses of the proceedings of that eventful time.

Tne Tunnew Titi War. - This so-called 'War,' which looked serious enough at the onset, terminated in comedy and farce. In the summer of 1854, the old Scioto and Hocking Valley Railroad Company broke up. At the time of the failure of the company, a Mr. Taylor, who had the contract at Middletown Tunnel, was working two or three hundred men. When work was suspended all along the line, the laborers at the tunnel were discharged. 'The contractor, unable to get his pay from the company, could not pay his men, aud he was considerably in arrears with them at the time of the discharge. The men became greatly" incensed, refused to leave, clamored for their pay, and threatend serious violence against Taylor and his bosses. Some of them would firé off guns, threaten to kill, burn buildings and do sundry other devillry if not paid what was due them. The contractor and bosses became alarmed, and a formal requisition was made upon Sherifl Johnson to come with a sufficient posse to quell the disturbance and prevent the threatened riot. Sheriff Johnson conscripted about tifly men into the service. The 'boys' did not fancy the expedition, for they hi ad seen something of the temper of the 'wild Frish railroaders," as they called them, during the "Hippodrome War" of the previous vear, aud did not care to encounter them... The posse was not a very formidable looking body, tor the men comprising it were variously, and the most of them indifferenty, armed. "Phey were hastily loaded in) wagons, expresses, etc., and started for ''the seat of war." Upon the arrival of the Sheriff and posse at the tunnel, they were surrounded by quite an large namber of excited and exasperated men, but some of the laborers, despairing of getting their pay, and wishing no trouble, had already left. Those who remained hooted, howled, fired off guns, and acted as though they might eat the entire posse who had come to subdue and disperse them. They would have their money, or revenge. The Somerset boys wert not scared, but some of them said they were a little nervous in consequence of a light breakfast and a long ride over the rough, stony hills. They remained over night, and a strong guard was placed around the house in which the Sherif! and his chief counsellors made their headquarters.

A reporter at the time, himself one of the posse, relates some of the adventures of the night, and tells how the war came to a peaceful termination. Some pickets had been sent out on the Crossenville road, as it was apprehended an attacking party might come from that direction. The night was dark and it was thought the enemy was heard in fence corners. Some of the pickets went forward to make a reconnoisance, when one of them, who was armed with an old musket and bayonet attached, in feeling and punching around, stuck the bayonet into the hind-quarters of an innocent calf, when such loud and plaintive bawls broke out upon the stillness of the night as frightened the army of Middletown out of their wits for the time being, and effectually subdued the warlike spirit of all, so that when morning: came both parties were prepared for a truce. The Sheriff's posse wanted to leave as soon as possible, as they believed the war was over. The desperately excited mob of only the day before came in, one by one, and said if the contractor would buy their pigs and chickens they would make no further demand, but go away peaceably, and seek work and wages in some other part of the country. This was the Appomattox, and the details of the capitulation were formally agreed upon satisfactorily to all parties. The Sheriff and posse, allgafe and sound, left for Somerset, and the poog Irish laborers, true to their promise, with their women and children, gathered up their scanty effects and quictly left the scene of their misfortunes. Thus ended the famous 'Tunnel Till Wists aiduals' the blood of an inoffensive calf was shed, and that proved to be as oil poured on the troubled waters.

Tue Kit_inc oF JAMES Facan. - -A most unfortunate difliculty: occurred in 1856, in Monroe township, between the families of O'Neill and Fagan. "The dispute arose as to who had the right to the possession of a certain field or tract of land. Both parties claimed the right of possession, and both sides were no doubt honest in their belich as to such right. Phe Pagans, however, took possession, and James Tagen was plowing or about to plow the land in dispute. The O'Neills ordered him and the rest of the family from the premises, but they refused to go. The O'Neill's, then attempted to eject the Pagans by physical force. Both parties became very determined, and eventually guns were A shet, fired by one of the O'Neills, struck James Hagan in the "the heart, and he expired almost instantly. This ended the One of the O'Neills, who it was supposed fired the fatal shot,

38 HISTORY OF PERRY COUNTY, fled. Patrick O'Neill, the father, was arrested and indicted for the offense, tried in the Court of Common Pleas, found guilty of manslaughter, and sentenced to the State Prison for two years. Ile died there before his time expired.

It is a remarkable fact that two fatal accidents also happened near the spot where James Fagan was killed. A fatality appeared to be connected with the place.

Tne KituncG or Grorcr Dovvs. - George Dodds was an Englishman by birth, a coal miner by occupation, had been in this country ten years, and for a few years previous to his death, lived in New Straitsville, and boarded i some time with Mr. Raybold, who kept the. saloon where ha was killed. Sometimes, in the absence of Mr. Ri lybold, he tended bar, but drank but litle himself. September 2nd, 1876, Dodds, Phillips and several other persons were in the saloon. Dodds was not tending bar that day. Phillips and Dodds appeared sociable and friendly. They drank together, though Dodds had to be strongly urged. After awhile Phillips went into a back room or cellar connected with the saloon. Raybold made an excuse to go in and see what he was doing there. Ile was sitting on the steps, and told Raybold to "Tell Georgé (meaning Dodds) to come in." Dodds started in, but before he was scarcely inside the door, there was a repot of a pistol, and Dodds fell, mortally wounded. Phillips declared the shooting was an accident, and hurried out of a side door, but was arrested and lodged in the calaboose. Dodds was shot in the abdomen on the left side, the ball penetrating the liver. Tle died the next morning.

Phillips was a Welshman by birth, and a blacksmith by trade. Tle had married an American wife, after coming to this countr y. Ile was aman of genteel appearance, and good address, and had a good reputation, except that he was inclined to be a little quarrelsome when drinking. Dodds was an unmarried man, about thirty-eight years of age; sober, industrious and highly respec ted by those who knew him. The homicide created a great commotion at New Straitsville,, and excited interest everywhere in the county. Phillips acted strangely, in some respects, both before and after the shooting of Dodds. He had been drinking. Tle was at once arrested, and had a preliminary trial before the Mayor of New Straitsville, and was soon sent, under guard, to the county jail, at New Lexington. The trial, which came on at the January term, 1877, occupied more time, per haps, than any other case ever heard in the county. The indictment was for murder in the first degree. The witnesses were numerous, and examined at great length. There was much diversity of opinion as to what would be the resultof the trial ; some were of the opinion that the defendant would be acquitted, others that the verdict would be for manslaughter, and_ still others thought they could see the dark shadow of the gallows as the result. But the verdict was murder in the second degree, and finally, to avoid another trial, the sentence was five years for manslaughter, as stated in the chapter on Courts. The Judge would have granted the prisoner a new trial, and the Prosecuting Attorney and:counsel for defense both agreed that a plea of guilly to manslaughter might be entered, thus saving costs and doing what was believ red to be substantial justice.

Tne Kucirine or Jack Davis. - The killing of Jack Davis, at Shaw. nee, occurred January ist, 1879, under the following circumstances, as disclosed atthe trial: It appeared that David A. Davis, a Welshman by birth, and coal miner by occupation, kept a disreputable house. Ile was a married man, but his wife had, for some cause, gone off and lett him. All parties connected with the tragedy had been drinking freely, as it was New Year's Day and nobody at work. After dark, probably about nine o'clock, Jack Davis and other persons visited the house of David A. Davis, and asked to be admitted. They were informed by the inmates that their company was not wanted and told to go away. After some parleying they tried to force the doors of the house, or hammered loudly against them, when David A. Davis snatched up a gun, lined through the window, shooting Jack Davis in the head and killing him instantly. Ie was also a Welshman, having a wile and one child, and stood comparatively well inthe community among those who knew him. His sudden death, under the circumstances, caused intense excitement, and there was, at first, strong talk of lynching David A. Davis, if he could be found; but he had made his escape. Tle, however, subsequently came back and gave himselfup. He had a preliminary examination and was committed to jail. Tle was indicted by the grand jury for murder in the first: degree. The trial was a long and tedious one, and of much interest. The Jury rendered a verdict of Manslaughter, and Judge Wright sentenced the prisoner to the Penitentiary for a term of four years.

Tue Street Barrie in Cnarev Tirev. - Vhere was ona Sunday, inthe year 1879, a sanguinary strect fight in Chapel TGll, resulting tn the death of Frank Weiner, a young man about twenty years of age, the wounding of John Weiner, his father, aud also of several others. Timothy Shaw was apprehended and tried for wounding John Weiner, the jury rendered a verdict of manslaughter, and he was sentenced to the State Prison for one year. It was generally admitted, also, that Shaw gave young Weiner the fatal stab, but there was never any arrest or trial for this offense, and the word was given out, that young Weiner said, after he knew that he was mortally hurt, that he was himself to blame, and did not want Shaw prosecuted for stabbing him. At any rate he was never brought to trial on the more serious charge.

This fight caused considerable sensation at the time, and was, indeed, an unexpected and most extraordinary occurrence. "Phat the qttiet of the Sabbath day, and what, to all outward appearance, was at first a friendly mingling of neighbors and acquaintances, could so suddenly be turned into a scene of strife and blood, was a matter of astonishment to all, and well calculated to produce reflections of the most serious character.

Tie Corninec War. - This is the name by which the mining troubles at Corning and Rendville, in September 1880, are generally known throughout the county and State. Their origin is briefly this: at the time of the outbreak, and for sometime previous, the Ohio Central and other Coal Companies in the Sunday Creek Valley, hac adopted and put into operation what was known as the 'sliding scale" system of paying for mining coal. The price for mining, according: to this system, was represented to be based on the selling: price of coal, instead of ata fixed rate per ton. This system of payment was, from the first, looked upon with suspicion by the miners at Shawnee, New Straitsville and Nelsonville, and also by the principal portion of the white miners in the Sunday Creek Valley, though some of them continued working after the system was adopted. Finally they were induced to quit, one by one, until very tew, except colored men, were at work. A large number of colored miners had been gathered up, and set to work, and their numbers were constantly increasing. The colored men were employed chiefly at shaft No. 3, situated near the head of the ravine, at the upper end of Rendville. The white miners of the valley, and also those at Shawnee, Straitsville and Nelsonville, were dissatistied with the course of affairs, and soon rumors came that the colored men were to be taken out of the shaft by force, and sent out of the valley. The Coal Companies employed armed guards to protect their property. and those who were in their employ. The negroes were armed. Now word came that large numbers of Shawnee, Straitsville and Nelsonville miners were coming over, determined to destroy works and drive the negroes out of the Sunday Creek Valley. The managers of the coal companies were in constant telegraphic communication with the State authorities and alarming reports of the situation were received by the Governor and Adjutant General. The principal Military Officers remained up and watchful all one night, and highly exaggerated reports of the condition of things in the Sunday Creck Valley, were given to newspapers and circulated throughout the State and country. Then all was quiet for a few days, both at Columbus and Corning. However, on Saturday about six P. M., T. J. Smith, Captain of Ewing Guards, at New Lexington, received an order from Governor Foster, to assemble his company at once, properly armed and equipped, prepared to go at a moment's warning, to the seat of war at Corning. The long roll was beaten at Armory Hall, and the Orderly Sergeant, hurried here and there, notifying all the members of the Guards to report at Armory Hall forthwith. They were not long in donning the army blue and reporting. About 10 P. M, an order came to move, and the company was marched down to the Ohio Central Depot. By the time they arrived there, however, the order was peice neaaaieers and the guards marched back to the fall. They were not to disperse, but hold themselves in readiness to move at any time. They bunked all night on the floor at Armory Hall. About ten o'clock the next day, a special train came quietly into town and stopped at Water street crossing, instead of moving on to the depot. It was soon known thatthe train had come for the Guards, for there was hurrying to and fro, and soon the company, fifty in number, to the sound of martial music, was marching down Water street. There was not much jollity, for all knew that there might be serious work before them. ;

When Captain Smith and his company arrived at Rendville, the streets of this place and Corning were filled with ten or twelve hundred excited men. The Ewing Guards were placed on duty at Shaft No. 3, where the negroes were quartered. The company was divided into three detachments. About twenty were stationed, under command of

Capt. Smith, at the mouth of the ravine, and about fifteen men under command of Lieutenant Holmes were placed up in the woods, nearly a fourth of a mile to the south. The remainder of the company were on duty about the shaft, or in the woods north of the ravine, to support a number of armed employes of the Coal Company. Many dissatistied miners came steadily up the valley road, and pressed around the works, claiming that they came on a peaceful errand, and were there for the purpose of adjusting the price of mining. A line was marked at a certain distance in front of the barricade and Captain Smith told the advancing crowd not to cross it, or he would order his men to fire upon them. They came up to the line, several hundred strong, with a flag in the hands of aleader. Just at this time, which was between sunset and dark, three or four hundred of the dissatisfied miners were observed to move from the direction of Corning, through a field into the woods which was held by the detachment under Lieut. Holmes. 'They hurried swiftly across the field, and were soon lost to sight in the woods. A brief parley was held between Lieutenant Ilolmes and the man who appeared to be leader of the advancing column, which now opened fire and continued to come on. Lieut. Holmes now ordered his men to fire, which they at once obeyed. His men were well armed, and continued to fire in quick succession. The attacking column now turned and fled precipitately. At the sound of the firing up in the woods, those who were pressing in front of the barricade, at the mouth of theravine, also fled in great haste, the leader even dropping the flag which he was carrying. The contest was over. Two or three of the men in front of Lieut. Holmes' detachment were wounded rather seriously, and probably fifteen or twenty others slightly. It is understood that the leader who headed the advancing column in the woods, asserts that the first stray shots to which Holmes' command responded, weren ot only without, but against, orders. There was a rumor for rhany days, that one man was killed outright, and his body taken away, secreted and buried. This is not probable, however, for there seems to be no adequate reason for such a course of action.

The brief skirmish herein recited, practically closed the ''Corning War," though the Military were retained two or three weeks. Three companies of the Fourteenth Ohio National Guards, from Columbus, under command of Col. Freeman, had been ordered down and were on the way to Corning, when the Ewing Guards had the skirmish, which has been described. Col. Freeman's command was hurried on with extra speed, but the battle was over when they reached their destination.

The Ewing Guards remained in camp one week, and were then relieved, the Columbus troops remaining. These were finally relieved by troops from other places, and then the military were altogether withdrawn.

The military encampment, as seen at night, in the narrow valley, with sentinels pacing to and fro, and the bayonets gleaming in the moonlight, was a striking miniature representation of a nation at war, and one that is not desirable to see.

but they readily comprehended the fact that they were part of the St ite and county police, and under obligation to obey orders, at whatever hazard.

The result was that the Military and Civil authorities were sustained, and the colored miners and their 'employ es remained unmolested. It is worthy of note, however, that the 'Sliding Scale" system of prices, which was the apparent cause of 'all the trouble, was not long after abandoned.