Portage County, Ohio - Chapter 11, 1885
From History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc; Portraits of Early Settlers and Prominent Men; Biographies; History of the Northwest Territory; History of Ohio; Statistical and Miscellaneous Matter, Etc., Etc. .., published 1885. 8,449 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
2 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
The text
8,449 wordsMachine-read from scans of History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc; Portraits of Early Settlers and Prominent Men; Biographies; History of the Northwest Territory; History of Ohio; Statistical and Miscellaneous Matter, Etc., Etc. .., published 1885. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
Chapter 11
Thb Most Noted Criminal Events in the History of Poktacje Coi nty - Trials and SENTKNciis of the Culprits - The Alleoed Crimk of John McManus - The Murder of Mathrws by Aung hst - The Murdbb OF CtrMMiKos BT Baiuu» - The Murder of Catherine McKisson by Her Brother-in-law. Datid MoKisbon - The Heathsian Manslauohtkr case - Alanson Baldwin Stabbed to Death by His Xi i in;\\ , I,i -mi ki W. Price - Attempted Killing of Prentiss by Flowfk - The Short^i-Wil- 80N Shooting - The Murder of John Rhodenbauoh by Jack Cooper AND Joel Beert - Harriet Musson Murdered by Wilson S. Boop - Shooting of Alfred L. Harrtb bt Hu Father - The Kelso-Montaoub Casbp-Thb XewklltBobkrts Afpaib.
ALL organized commimities, it matierB not what may be their geographical loeatlon or their general moral and religions atatiu, have criminal records, some of which are replete with deeds of violence and bloodshed, while others are not qiiito bo bad. There are uiany facta of a criminal character of Buoh importance belonging to the legitimate history of Portage County, that they cannot with hislaneal propriety be left out of thiework. It ia not the intention of the writer to give a record of all the deeds of a criminal nature that have been committed in this county, bnt only thoee where life wm taken, or where the calprit was tried for murder or intent to commit that crime.
The fiiat minder trial that ooenrred in Portafle Ooonty took place at the Oelober term of the Court of Cktmmon Pleas, in 1813, whereof Hon. Benjamin Buggies was President Judge, and Aaron Norton, Amzi Atwater aiul Samuel Forward, Aasociatee. John McManus was the defendant in this case, being indicted fbr the mmdar of Betey McManna, hia wife, and liifed on what waa then and since known aa the Bell lot, in Bavenna Township. The indictment charged that McManus assaulted his wife while she was lying in bed, soon after the birth of a child, and struck her with a boot- jack, breaking the shoulderblade and one of the riba npon the right aide, inaking a wonnd eight inchea long and six inches wide, and that he also kicked her. The injuries were inflicted on the 12th of May, 1813, and the woman died upon the 27th of the aame month. Benjamin Whedon was the foreman of the grand jury finding the indictment The following are the names of the jururs before whom the case was tried: Gipeon McDaniels, Jr., Palmyra; Isaac Osmun, Boston; Paol Williams, Portage; James McCormick, Sprinf^eld; Asher Giirloy, Rootstown; William Sprague, Tallmadge; Theophilus Anthony, Atwater; George Walker, Hudson; Jonathan Foster, Mantua; Robert Taylor and David Way, Suffield; William Price, BaFenna. The case was ocmdnoted by Peter Hitchcock aa Prosecuting Attorney, and by Benjamin Tappan and John C Wright for the defense. After a protracted and exciting trial, the defense claiming that the woman died of child- bed fever, the accused was acquitted of the charge of miirder» and diacharged. McManoa ia described aa a qnarrelaome man, who waa perpetually in trouble, and indicted for assault and battery several times. He was a volunteer in the war of 1812, and from ailments contracted in that service died in 1814 or 1815.
Township, while on his waj to Ravenna, discovered the body of a man lyio^ behind a log, in flie woodo^ near the BdhooUuraae now atanding on the oornefs of the Charlestown and Edinburg roads, a mile and a quarter east of Ravenna. The body proved to be that of Epaphras Mathews, a jwldler," of Pittfiborgb, Penn. An investigation proved that Mathews was last seen at the tawn at Oampbellsport, on flie 20Ui of August, and on the aame day by a laoty grinding scythes in front of the present residence of Richard J. Tbompeon. It was noticed that a man was traveling with him, and to this man suspicion attached as the murderer. On the night of August 19, Mathews and the abanffe man, who afterward proved to be wmiy Annghst, stayed at the taiem of Jabez Gilbert, in Palmyra. Taking these facts as a starting point, Boberi Eaton and Lewis Ely started in pursuit of the murderer, whom they followed ftliwnt ft "^nT^*^^ and arrested in a blacksmith shop in Center County, Penn. They were paid by the eonnty $222.87 for their iwrvleee and dam^es inllieted upon their horses in apprehending and bringing the culprit back to Ravenna. Mr Ely was also paid the SICH) rewanl which had been offered for the capture of Aonghst, and Abraham Reed was paid $28.50 for eight days spent in banting for the Bmwtorer. Hie maahea oi tlM ine? itable fiitalify aommnding a murderer seemed woven about Annghtt» and witiumt any of the modern resouroea for tracing a great criminal, his pursuers at once struck his trailt and ateadilj followed him until their pursuit culminated in his capture.
Some weeks prior to tiie murder, Mathews and Aunghst left Pittsbmqgh in eompany, and traveled together until the hour of the murder. What pretext Aunghst gave to his victim is unknown, but upon bis confession he stated that his purpose was to effect a robbery of his friend and companion. At first his plan was to seiae and bind Mathews to a tree in the woods, rob him and flee, but chance, or destiny, frustrated the pnrpoee in each instance. Once, when in the woods near Poland, when a suitable moment seemed to have arrived, Deacon Sacket, of Tallmadge, traveling with his wife, came upon them. The Deacon knew Mathews well, and the meeting was an agreeable one between the two friends, and formed an important link in the chain of evidence againat the murderer, rh Deacon Sacket afterward visited Aunghst in jail and recognized him as the man he saw with MatbewB in the woods near Poland. At -times on their travels, when going into a village, Auughnt would take some gooda and a few of the hocuea making mlee, giving the money np to Mathews. The idea of murdering Mathews, Aunghst Rtated, first occurred to him about the time they reached Campbellsport So many times had various plans of robbery been frustrated, that, grown desperate, when this suggested itself he aeted npon it at the. first opportunity. The murder waa eommitied with a blue beech fence stake or club, which the murderer purloined from the premises of Gen. John Campbell, at the "Port." Cominf^ to the sy>ot where the murder was committed, he dealt his victim a vigorous blow with the club. Seeing at onoe he had given his viotim a dealli-blow, he seiaed the body, threw it orer a log and the club after it; next nnhameesed the horse and tamed it loose in the woods, dropping the harness on the thills, rifled the wagon and walked off. The money obtained consisted of $270 or thereabouts, in coin, which the mnrdwer tied np in a podcet bandkerohief. CSoming to Bavoxna, Aunghst stopped at Greer's Tavern, got a drink of whisky and enquired tbo road to Pittsburgh. While at the tavern he placed his handkerchief of coin on the bar. Ue was next seen at Daniel Collins', in Rootstown, and in the afternoon of the same day in Randolph, and the next day in Deerfield, enquiring, from point to point, the road to Pittsburgh. Next we hear of him at Cuifield, where he bought a hafae^ paying for it in silver. Next at Feiatebarg, wlme he fell io with Gen. Simon Perkins and Judge Calvin Austin. With Oen. Perkiiiii he e»duniged the greater portion of hie silTcr tor paper money, stating that he had made it boating on the river, and, intending to buy some land near Wooeter, bad brought the silver, supposinj^ be could do better with it than with paper money. Not liking the country as well as he expected, he wae going back, and had got tired of ** lugging the ooin " So the General gave him all the. paper money he had with him for coin. So from point to point he was traced on his route to Pittsburgh, and from that city to thefoaq^ in Center County, where he was arrested.
At the Jannaiy tocm of the Court of Common Pleas, in 1815, the grand jury, of which Wiley Hamilton was foreman, found an indietment against Aunghst. He was arraigned and plead not guilty, and the case continued. At the October term, 1815, Hon. George Tod, Presiding Judge, his counsel, John O. Wright, moved hie dieehai^ in eonsaqnenoe of aome error in the indietment. The Court orenmled the motion. The crrnnd Jury, howerar, of which Erastus Carter was foreman, found a now indictment, which was certified to the Supreme Court, the prisoner electing to be tried by that court.
At the Jvne term, lol6, he waa agam indicted, Lewis Day being foreman of the gmnd jury, and Darius Lyman Prosecuting Attorney. These proceedings were certified to the Supreme Court. This Inst indictment proved to be sound, and at the September term, 1816, of the Supreme Court, Hon. Ethan Allen Brown, of Cincinnati, and Hbn. Jessup K. Couch, of Chillioothe, upon the bendi, the trial was had. Dariun Lyman and Benjamin Tappan were the attorneys for the State, and John C. AN'right for the defense. A motion for change of venue to Columbiana County was made, it being alleged that the prisoner could not haTe an impartial trial in this county. The motion was overruled, and the trial proceeded.
The following persons out of a panel of thirty-six were chosen as the jury to try the case: Daniel Collins, Rootstown; Simeon Crane, Lyman Hine, Asa
F. Wells, of Ravenna. The trial terminated in finding the nconsed f^nilty of murder in the first degree; whereupon the following sentence was pronooneed:
Jail of the County of Portage, from whence he came, there fo remain until the last Saturday of November next, bein^ tlie 8U1I1 day of Jiovembor. uii which day he be taken to the place of execution. b< tween the hours of 12 o'clock at noon and S o'clock In tibe after* noon, and there to be hanged by the neck until he be dead.
Aunghst was from twenty-five to thirty years of age, and was six feet, ^ seven inches high. He was a man of powerful muscular organization and great strengtii. fle waa a fonndry-man, or iron-worker, by tnSe, but natnr. ally sluggish in his motions and movements. It waa told of him that when at "Work in Pittsburgh he would pick up a trip-hammer, weif^hinf^ 500 pounds, and lift it into an old-fashioned Pennsylvania wagon. He was a man of easy dis* fNMitioD. ^e Jail in which he waa oonftned^wae a log one, and the Jailer waa in the babit of storing some of his household effeete in the prison portion of the Jnil. One day the Jailer's wife - Mrs. Mason - went into the prison to deposit a spinning-wheeL Aunghst pushed her aside at the door and ran out. Hra. Mason gave the alarm, and immediate pnranit was made. After running a dkort diatanoe Aunghst gave out and turned back to bis pursuers, laughing, and gave up the raoe^ and, poffing and blowing, oame back to the JaiL Thia old log-building in which Aunghst was confined from the time of captnro until his fxeciition, was tho tirat Jail erected in tho county. The prisoner was a German, or a " i^enusylvaoia Dutchman," and Howard Carter says ihat thoiigli he feigoed hie inability to speak or nndenUmd Englidi during the trial, could snbseKquontly converse glibly enough with the school children who would stand upon a barrel aod taU: through the iron grating covering the window of his cell.
was Sheriff of the oonnty, and William Coolman, William Frazer and Almon Babcock his deputien. A militia force was called out, under command of Col. iSolomoD Day, of Deeriield, as special guard on the occasion. The gallows -wae ereeled in flie center of what is now Sycamore Street, near the comer of Sprace, and about 1,8(X) people witnessed the execution. Upon the gallows Aunghst madn a partial confossiou, the subntanceof which the writer has given in the foregoing account. The neck of ihe wretched man was dislocated, but not broken by &e drop^ and after being proooonoed dead, the body naa oat down and buried near flie foot of the suiffold.
The night after the execution the body was dug up by some parties, who doubtless desired it for anatomical purposes. Tht»y were discovered soon after the body was oat of the ooffin, and attempted to Aee with it Hot poreait waa made, and they were forced to drop their prize, and left it on what is now the corner of Oak and Meridian Streets The body was carried to the Court House and guarded that night The next day a party of G^erman residents of the town took the body with the intention of sinking it in Mother Waid*s Pond," to ''keep it from the doctors.'* William Tappan, an erratie Justice of the Peace, pursued this party, and commanded them, in the name of the State of Ohio, to return the body. This they did with fear and trembling, and again the body lay in state at the Ck>urt House, surrounded by the Sheriff's pceae. It was Anally re-interred in the original grave, the ooAn being filled with lime, and the largest log possible placed upon it. It was rumored that the doctors got the body after all, but Homer Frazer says: "I was present when the grave was opened many years afterward, and the skeleton was found in a fair state ot preservation."
The next murder trial on record is that of Abner S. Barris for tho murder of Nathan CummingH, December 9, 1832. This murder \va.s committed on the canal north of the village of Akron, which was then included in Portage Ooanty, and the victim was a lad who drove the horsee for the eanal-boat BarriK, it seems, had had fi quiirrel with the helmsman of the boat, and in order t') have his revenge had secreted himself at the side of the tow-path, with a gun, intending to shoot the helmsman. As the boat came up, putting him in range of his advecsaiy, Banria took aim and ired, missing Us intended mark, the shot taking effect upon the left side of tho neck of the lad, Nathan CuiamiiigH, causing almost instant death. Suspicion at onoe attached to Bjirrin, and with but little delay he was arrested and lodged in jail at liavenna. Al tho session of the Haroh term of theOoart<rf Conmion Plena, whereof Matthew Birchard was President Judge, and Elkanah Richardson, Elias Harmon and George B. De Peyster were Associate Judges, an indictment for murder was found against Barris by the grand jury, of which Jonathan Metcaif , of Hudson, was foreman.
The prisoner, electing to be triod in the Supreme Court, was tried at the September term of that cotirt, 188;i Hon. Ebenezer Lane, of Norwalk, presided at this term, and Lucius V. Bierce was Prosecuting Attorney. The following persons oonstitated the jury before whom &e trial todc place, having been selected from a panel of thirty-six mm: Elisha Garrett, Garretisville; William N. Merwin, Palmyra: Daniel Evorott, Nelson; George Y. Wallace, Northtield; LymBn Hine, Shalersville; Enoch Drake, Freedom; Caleb Atwater and John A. WhittleBey, Atwater; Jonab Hine, Bandolph; Abel Sabin, Bmdolph; Menriek Ely^ Deorfield; Joacph Lewis, Palmyra. The trial was not protrnctod, and Bcarcely any witnespes wero oxaminprl save the hands upon the canal boat. The jury returned a verdict of guiltv of murder in the second degree. The Court sentenced Barris to the penitentiary for life.
Bsrris B«Ter, aeoordiDg to the writer'a iaformatioD, denied ibe eommiMion of the mnrder, and a remark he made when brought to Ravenna will show his own conviction on the subject. When first brought to town he was taken to the Qlobe Tavern, kept by William Coolman, Esq. Mr. Coolmnu recognizing Banris, said to bim that be was told be was eha^ged wifb a desperate erime. Barris looked at him a moment, draw himself up, and then replied, " It was not Abner Barris that did it, it was whisky." Barris was a day laborer, a rather passionate man, and about forty years of age. He worked in Bavenna bj fbe month about a year, not long prerioDS to tbis ooonrrence. It is understood that Bania died a number of years agf) in the penitentiary.
TheMcKisnoD murder was committed in the township of Northfield in what ifl now Summit County, on Monday, July 24, 1837. The victim of this murder waa Mis. Oatbenne MeKiwon, the wife of Robert MeKisBon, a atont, VObmt WOBMa about thirty-five years of age, and weighed 175 pounda Tbe murder was committed about 11 o'clock at night. Robert McKisson, the husband, was absent from home at the time, and the family consisted of Mrs. MeKieson and her daughter (l^ a former marriage), Lucinda Ox>niuger, and a man named Jolm Jobnaon. Tbe two women slept in tbe aame room in different beds and Johnson up stairs. That night Johnson went to bed about dark, the two women between 9 and 10 o'clock. The murderer entered Mrs. MoKisson's room and in doing so aroused Lucinda, who was rendered temporarily aenseleea by a blow on the bead, but recovered enoa^ to see tbe last blow that was struck her mother. The murderous weapon nsed was an axe, with which the blowR were given Mrs. McKisFon, one on her back, one on the top of her head and one on the side of her head. The mortal wound was upon the right aide of tbe bead, about two inebea deep, fonrtncbea long and half an inob wide. Mrs. McKisson lived until the next day - July 25 - and declared the murderer to be Samuel McKisson, the father of her husband. Lucinda, the daughter (aged about eighteen), was also positive that Samuel McKisson was tbe mnrdwer. Sanniel McKiaaon waa arreated flie next day by CoL Artbnr. He was a man about seventy two years old, and was somewhat crippled in his hand. He manifested no trepidation and even went to bia aon'a bouse and kissed the corpse.
Siiq>iclon was sttaebed to David MdKiaaon, eon of Samnel and bvotber of Boberi He waa seen in the neigfaborbood the evening of tbe murder, and it was well known that in the March previous he had a bitter quarrel with his brother, and entertained ill will toward his wife. Col. Arthur set out in pur- Boit of David, and, the Satorday after tbe murder, aireated bim on Turtle laland, in Maumee Bay. When found by Col. Arthur be was on a pile driver, and was told he must go with the Colonel. He did so without demur, said goodbye to some of tbe workmen, saying, I shall never see you again," or " 1 never eoep0ei to see you again.'* Tbia was beftnre be waa told why Col. Arthur wanted bim. After being brought baekbe bad an interview with his brother Robert^ who said to him, "What have you brought us to. David?" 'What have I brought yon to, Bobert?" was l^e reply. "No, these hands never did that deed." AVben David first cangbt sight of Robert be extended bis bands and cried ont, "Oh. ray wronged brother, my poor wronged brother, but you can't be righted." David seemed much distreBsed and said to Robert, " I little thought tbe words we had in the lane would put me in irons, did yonf " Farther than these things David McKisson never admitted bis gnilt, bat asserted bis innocence to the end, and upon the scaffold said ''these hands never did the deed.''
At the September term of the Gourt of Common Pleas, 1887 - ^Hon. Van B. Humphrey, neaident Judge, Charlee Sumner, Ira Selby and Joseph Lewis, ApBociatea - the grand jury indicted both Samuel and David McKiaaon for murder. Both plead not guilty, and were allowed separate trials.
The trial of Samuel MoEisaon oommenoed On the 4th of October, before the following jury: Jonathan Brown, Edward Sumner. Hiram Collins, Ezra S. Bnssett, ('rial Case, David Collin.s, William N. Merwin, Isaac Ozmun, Bowen Blair, Moses Eggleeton, Harvey Baldwin and Jonathan Metcalf. A portion of the eridenee in the caae developed the fact that tiie accused had a quarrel with Bobert and hia wife about a oow, and the evening before tLo murder, in pasBiDg Ihe two women at r spring on their premises had uttere<l a threat to them. They were laashing at the time, and the old man cried out - ' ' Laugh on! your laughing win soon be turned to trouble and sonxnr." The ease was conducted by L. V. Bierce and Eben Newton on ]^* balf of the State, and by D. K. Carter and Wyllis Silliman for the defense. The jury were ont but a short time and returned the verdict of not guilty, and the aocased was discharged.
The trial of David MoKisson was commenced on the 6th of October, before the following jury: Charles Reed, Pt'ter Mason, Silas Comstock. Ashbel Boat* wick, William Coolman, Jr., A. K. Hubbard, Miner Merrick, Hugh Judson, Jonathan Foster, John N. Whittlesey, Alva Day and Daniel Trowbridge. This trial waa conducted with spirit and ability by L. Y. Bierce and Eben Newton on the part of the State, and by R P. Spalding, David Tod and N. M. Humphrey for the accused. It was proven by a witneas on this trial, that in May previous to the murder, David had said to his sisters Mary and Margaret, at Cleveland - "I will kill Robert's wife, By G - d 1 will; and then if Lneinda has a mind to have me she may, or she may go to helL*' The jury found the prisoner guilty of murder in the first degreo. and the sentence of the Court waa prononnced that lie should be hunt; upon the 9th day of February, 1838. The gallowb waa erected between what is now Prospect and W alnut Streeta, immediately east of the Disciples* Church, in Bavenna.
From the OJn'o Star of February 15, 1S3S. the following account of the execution is taken: "On Friday afternoon, the 9th inst.. David McKisson was executed for the murder of his brother's wife. From the day of his conviction to the last moment of his ezistenoe he declared himself innoesnt of the crime laid to his charge, but his conduct seems more indicative of great depravity than of innocence. I'ntil the day previous to his execution, ho almost uniformly spoke of bis situation in the most indifferent manner, and Htudiously banished from his mind all thoughts of his condition. On that day he seemed to be somewhat affected at the near approach of death, and on the morninf,' of tho execution he requested the presence of Elder Stevens. To the Elder, who vibited him in his cell and accompanied him to the gallows, he professed that be had aaked for and obtained mercy, and declared tnatbeoonld die in peace. On his way to the place of execution McKisson appeared solemn find thouf^htfnl, and when he first arrived in Hi<4ht of the gallows he waa evidently overcome by the spectacle and swooned away, but recovered himself and sat firm and erect on hia seal He then handed to the Bev. Mir. Chraham,
"who also accompanied him, his farewell address which he had prepared, remarking that he intended to read it upon the gallows, but that he should not be able to do it On arriving at the gallows he got oat of the carriage without asBifltenoe. raqneeted Elder StevenB and Mir. Graham to aooompany him npon the scaffold, and then firmly and unhesitatingly ascended the same with the Sheriff. He then addressed the spectators in a speech of nearly a balf hour's length, consisting partljr of admonition to the wicked and vicious, and partly of an examination of tha teatimonj upon whioh ho waa oonvleted, and concluded by declaring his innocence and bis preparation for death. He then requested prayersi and he appeared to reBpocd to the petition whioh was offered.
over his face by the Sheriff, who then descended from the scaffold; as he reached the bottom he trod upon the spring which supported the platform, and McKisfion suddenly dropped about seven feet Once or twice he shrugged hia ahooldara, and four or five times he drew up hie legs, probably in eonseqnence of the contraction of tiie muscles, and all waa over. After hanging until he was dead, his body was taken down and delivered to hin brother Rob ert, who took it to Northfield for interment An immense concourse of peo- | pie attended to witness the eoteontion. The nnmber is estimated at - fvom 1,500 to 3,000, of whioh, we are sorry to say, at least one-eighth part were females. What there can be in such a spectacle calculated to excite the curiosity and attract the presence of woman, delicate and sensitive woman, we are . nltwly at a loes to determine."
Sylreater Heatbraan was tried and convicted of manslaughter at the Febm* ary term of the Court of Common Pleas in 18^^8. It appears from the evidence that on the day when the diaaatroos occurrence took place, the defendant, with his two brothers, John aiul Ellsba, had besn absent from home until nearly night. How they were employed was not apparent, but about supper time John Heathman (the dfCPfiHed) returned to the house of his widowed mother much intoxicated, and waa seated at the table eating his supper when the defendant (Sybeater) entered tiie roonu John immediately addreesed Sylvester with the inquiry, " "Where i» Elidiii? " "He has gone op North." " You are a d - d liar! " replied John, " and the truth is not in you; " and npon uttering these words he caught up his fork and threw it at the head of bis brother, and inflioted something of a wound upon his nose. This violence on the part of John was followed with a threat that if Sylvester came up stairs that night " he would be the death of him" About this time, said the witness, Mary Heathman (a sister, and the only person in the room at the time), there was heard a noise resembling the rattling of knives and forks near the place where John had been seated. At this instant Sylvester seiaed a chair and with it struok John a severe blow on his side. The young woman then left the room for the purpose of calling her mother. Vpon their entering the room uftt r the space of a minute John exclaimed, " Mother, I am guing to fall," and immucUatoly feU to the floor. At this time blood waa disooverod mnning from hia shoes, and the odor of "whisky jtervaded the room. Sylvester advanced to the prostrate l)ody of bis brother and exclaimed, "John, broliier -lobn!" "You may call him now," said the poor mother, " but he cannot hear you, for you have killed hinL** Sylvester then endeavored to procure the atteiidaDoe of a physician, but none arrived before the death of John, which took plaee about thirty minntes afttn- the blow was inflicted.
Upon exummaiion it was ascertained that the deceased had, in his right panUdoona pooket, at the time of the blow, a junk bottle filled with whi^; that the chair had been hurled with so mnch force as to break the bottle into small pieces, one of which had been driven into the groin so as to cat the artery, by means of whieh fhe deceased bled to death. The oanse was argued to the jury by Messrs. Bierce and Spalding for the State^ aad Messrs. Garter and Newton for the defendant. A verdict of guilty was retnmed bj the jntj* and the culprit was sent to the penitentiary for one year.
The murder of Alanson Baldwin, of Aurora, took place November 8, 1859, and WBB perpt^trated by Lemuel W. Price, also a resident of Aurora, and the nephew of bin victim. Price was a mnn ahont sixty, a hard drinker and at times uncontrollably passionate. On the morning of the 8th of November he became offended with Mr. Baldwin, though causelessly so, and watching his opportunity stabbed him with a shoe knife upon the left side of the abdomen, the wound going through to the abdominal cavity. Mr. Baldwin died the next day after being stabbed. Pricp was indicted nt the December t^rm. IKAK The case began before Judge Benjamin F. Ho£[mun, February 23, i860, on an indictment for murder in the eeoond degree, to whieh the aeewed pleaded not guilty. The following persons were the jurors in the case: James Hudson, Ravenna; C. O. Brainord, Randolph: O. B. Highley, Windham; C. M. Taylor, Hiram; Silas Clark, ^selson; A. ii. Bristol, Edinburg; Alden Bissell, Bootstown; Nathan Banfoid, Edinburg; H. B. Fenton, Randolf^; B. HawiejandT. Stewart, Paris; D. C. Davis. Palmyra. The theory of the defense consisted of two points: insanity, and death from other cansos. During the trial Price manifested a listless indifference, and received his sentence without emotion. The jnr^ were oat but forty-five minntea, and retamed a verdict of goilly of murder in the second degree. The Court sentenced Price on the 25th to the penitentiary for life. The case was conducted by P. B. Conant and E- B. Taylor for the State. Price being without counsel, the Court assigned hiflpf Alphooeo Hart and O. P. Brown.
To keep unbroken the chain of this narrative, brief allusion is made to the murderous assault made upon J. C. Prentiss, in the store of D. M. Clewell, in Ravenna, upon the morning of December 17, 18C4, by W. W. Flower, for the purpose of elFeeting a roblmy of the safe in the itore. The ease was tried belnre Judge Charles E. Glidden, at the January term, 1866^ of the Court of Common Pleas. The jury were in deliberation but ten minutes and returned a verdict of guilty of assault with intent to murder. The Court sentenced Flower to the penitentiaty for seven years, Uie aeverest psnalty presoribed lor the crime by the statutes of Ohio. H. H. Willard ana Alphonso Hart oonducted the case for the State; Luther Day and P. B. Conant for the accused
' Upon the 17 th of March, 1865, a young woman named Harriet Shorts was shot in her mothePs honse, and died of l^e wonnd, by a man who was reported to be her husband This individual, Joseph N. Boor, a ^'os CharW Wilson, was arrested for murder, but set up the defense of accidental shooting. The accused in the C£se was indicted at the May term. Trial was not had until the September term, when the case was heard before Judge Glidden and the following jury a. B. Purdy, WiUiam Stedman, R F. Gardner, W. J. Gardner, H. E. Brush, A. J. Shuman, Reuben B/obHt, Smith Sanford, A. Chittenden, A. U. Barlow, Arvin Olin and H. J. Cannon. The indictment charged that the accused, ''on the 17th of March, 1865, made an assault upon Harriet Shorts with a shot-gnn, inflicting upon the middle of her back one mortal wound of the length of one half of one inch, and the depth of ten inches, of which mortal wound she immediately died. This did Joseph N. Boor, alias "Wilson, with premeditated malice to kill and murder the said Harriet Shorts." After hearing the teetimony and ai^gonMiibB of ouonael, the Jury retamed a verdiet of maiT'lnnghter. The Conrt imposed a sentence upon the prisoner of one yenr in the penitentiary irom the 19th day of September, 1865. The case was con> dnoted by H. H. Willard and Alphonso Hart for tiie State, and P. R Gonani and E. L. Webl)or on behalf of the accused.
John Rhodunbangh, a citizen of Franklin Township, residing upon his farm about three miles from the village of Kent, in that township, and abont the ume distance from BaTenna, was foully murdered between 7 and 8 o'dook ou the night of October 24, 1865, while retorning luiine from Kent, and wittiin a littlp more than a mile from his homo. The spot chosen for the scene of the murder was upon the road loading from Ravenna to Hndson, passing between Lakes Brady and Pippin, at a point where the road runs parallel with the 0. A P. R. R. , and within a few rods of the Grossing of the latter with the CSnriage road loading to Kont. within sight of tho Jakos and the farmhouse of Joseph Heighton. Mr. Khodenl»aiic:;b had resided in Franklin Townphip over thirteen yearn, and was well known iu this and adjoining counties as a public auctioneer. He was fifty.nx years of age on the 19tli of September, 1865, and left a family couBiBting of a wife, four sons and a daughter, all of whom were present at the trial. He was fond of company and the social ^laBs, , and at times drank freely, and was, under such oircumstanoes, apt to discourse ^ lacgely upon bis peonniaiy means.
On tho afternoon of the day of the murder, commencing at about 3 o'clock, we find him at Kent in the company of Cooper, Beery and others, playing cards, drinking and the like. Leaving Kelso's billiard and drinking saloon at or near 7 o^elook on that evening, soon after drinking with Cooper and Beery, he set out for hornet Having proceeuled two-thirds of the distance alone in an open wagon, he was assaulted and dealt two blows upon the head (causing instant death) with a heavy club, cut near the scene of the murder. Uis pstson waa robbed of a watoh and ilie money he had witb him, sapposed to be nearly 9200. Tho murder was discovered shortly after its oomnifctal by George Dewey, a resident of the neighlwrhood. A Coroner's inquest waa held on the 25th before Justice D. L. Rockwell. Suspicion at once attached to Jack Cooper and Joel Beeiy aa the perpetratoca of the awful crime. Before9<^dockof the 2fith thay were arrested near Ravenna by officers R. W. Buck and S. L. Jennings, and at once incarcorated in Jail. An affidavit was made before Justice Coolman against these men, and an examination held upon Saturday, October 28, occupying from 9 A. M. fo 6 P. M., the leanlt of whioh was thai ttie aeenaed ware eoramit&d to Jail for trial at the next term of the Court of Common Pleas.
The grand jury at the January term, 1866, H. M. Lewis, foreman, found indictments against Cooper and Beery, alleging the facts previously narrated. Being arraigned upon Thursday, February 1, both the aeeosed plead not guilty thereto, and separate trials were ordered tbom. Being unable to pay counsel, the Court assigned Messrs. E. B. Taylor, J. D. Horton and P. B. Couant as counsel for the defense. On the part of the State H. H. Willard, Proseeating Attorney, assisted by Alphonso Hart, conducted the prosecution.
The trial of Jack Cooper wan commenced on Monday afternoon, Fehmaiy S, 1866, before Hon. Charles E. Gliddon. The first proceeding in the case was the impanneling of the following jury: Franklin H. Snow, Windham; £. F. Jagger, Windham; M. P. Higley, Windham; H. S. Johnson, Nelson; R. H. Miller, Garrettsville; Charles Goodsell, Nelson; Isaac Stowell, Qarrettsville; Jason Rider, Hiram; HoTijamin Waters, Hiram; I. J. Rhodes, Mantua; Edwin Sanford, Mantua; William L. Coe, Edinburg. As soon as the jury were sworn, Mr. Willard, on the part of the State, made an elaborate etatement of the eaae to the jiury, detailing the itema of proof it was intended to present Mr. Taylor, on b^balf of the defenpo, made a general denial of the allegations of the State, meeting them all with the simple plea, not guiUy. For thne days tiie trial progreaaed with unflagging inteMat. Thiriy-aiz witnessea were examined, and elaborate arguments maJe by both prosecntion and defense On the evening of the third day the attorneys' pleas were tiiuBhod, and Judge Glidden delivered bis cbaige to the jarj, which retired at 6 o'eloek. Near ibe hoar of midnight the jury returned to the oonrt-room with a verdict of murder in the first degrea For a moment Cooper buried his face in his hands, and then as if accepting the death-knell of his doom asked to '! epeak to some of the jurors. A short time was devoted to this, and the doomed man, aneireled bj etalwart guards, waa rotomed to hia firiaoa call, then to meditate and prepare aa l^t he cotild for the ooiiswnmation of the dread penalty of that law he so mercilessly violated.
The trial of Joel Beery as aider and abettor of Jack Cooper in the marder of John Bhodenbaugh, the next soene in this drama of erime, waa eommaioed before Jndge Glidden, on Thursday morning, February 8, 1866. The case was conducted by H. H. Willard and AJphonso Hart for the State, and Ezra B, Tajlorj J. D. Horton and P. B. Oonant for the defense. The prisoner, as he eat witiiin the bar, waa attended his mother, and hia brother, H. L. Beeiy. The pressure of attendance during the trial was unabated, and the court-room was crowded to its very utmost capacity during; the entire protrress of the case. Beery belonged to Portage County, and had many relatives and friends living here, while Cooper was a comparative stranger and bnt little known in this section. The following jury was impaneled and sat upon the case: John Webber, Deerfiold; Caleb Steele, Deerfield; J. V. Mell, Deertield; George Webber, Deerfield; Stephen Frazer, Deerfield; John iL Hoffman, Deerfield; J. M. Fry, Deerfield; T. H. Whittemore, Deerfield; John Mansfield, Atwater; Gartiss Goddard, Edinburg; George Brigden, Edinbnrg; Cornelius Bfott, Deerfield. After thp Kelecting of the jurors was completed, the trial was opened by a full stntoinont of the case to the jury by Mr. Hai't, on behalf of the prosecution, of the State vs. Joel Beery, for aiding and abetting Jack Cooper, on the 24fh of Ootober, 1805, in mnrrlering John Rhodenbaugh. The theory of the dofpnso was then ably presented to the jury by Ezra B. Tavlor. Nearly iiftv witness were examined on this trial, which also lasted three days, and untiring efibrta were put forth by Beery's counsel to clear him. The jnry waa ehaiged by Judge Olidden on Saturday forenoon, Febnxaiy 10, and retired at half past 12 o'clock. For more than twolvo hours the jury wreatled with the evidence before reachinp;^ a unanimous fimchision. Ataquarter past 1 o'clock on Sunday morning they hied into the court-room with a verdict of murder in the second degree. The Terdiet waa reoei^ by the people with great surpriae^ as it was the general opinion that Bet rv was equally guilty with Cooper, and should have received the extreme penalty of the law; and the jury was, at the time, cousiderably criticised aud blamed for letting him off so eaaily.
On Monday morning, February 12, the convicted murderers, Cooper and Beery, were brought before the bar to receive sentence. The latter was the first to appear in Court, and after being asked if he had anything to say in his own behalf; and answering that he had not, waa seotenoed to hanl labor in the penitentiary for life, where he waH soon afterward taken. The sentence waa received with but little or no emotion by the prisoner, and as no effort was made by his counsel to get a new trial, we can readily infer that both they and Beeiy were satisfied wi£ the lenient jnatioe of the verdiei Upon leceiviaff sentence, Beery waa returned to his cell, and Cooper brought into Court L motion for a now trial Tvas made by Coopor's coansel and promptly overrnled by Jndge Glidden. Before pronouncing sentence the Court asked the prisoner if be had anything to say why the penalty of the law should not be pronounced upon him. Therenpcii, Oooper aroee and answered that hd had little to say '. about hifi innocence, but ho could hardly feel as if ho had been fairly dealt with, or he would not have boon convicted of murder. He said he was not a smart, or an educated man, and could not speak very well, but did not think on the erideiMe againat him, he ought to be bong. The iwiaoner then resumed ' his seat, and Judge Glidden. after an able and exhaustive samming up of the evidence upon which he was convicted, and pliowing beyond a rea-sonable doubt that he was guilty of the crime charged, sentenced him to be hanged on the eHi of April, 1866.
The verdict and sentence in the Cooper case gave universal satisfaction. It was the third in which the death penalty was pronounced upon a criminal in Portage County; and a full, thorough, unbiased review of the teBtimony can leave no shadow of doubt of the equal jnstioe and propriety of the TeKliol^ inflicting, as it did, upon the culprit, the direst penalty of the law. The terrible deed was deliberately planned and craelly executed.
In the management of the Cooper and Beery trials, Judge Qlidden eodbibited an impartiality and deamess upon legal questions that oommended bim in a high degree to the bar* and the many hundreds of citizens who watched their progress. The attorneys for the State, Messrs. Willard and Hart, performed their duties with a fitting sense of the reepoasibility resting upon Uiem, and with a sealons ears that through no default of theirs shonld the inAarests of the pebple be allowed to suffer. Of the defense made for the prisoners by Messrs. Taylor, Horton and Conant, it can truly be said, that no man could have been defended with greater ability, pertinaciW or zeaL Had the culprits been members of the most influential or wealtiiy nmiliesi instead of having to depend upon the county for their defense, greater efforts could not have been made in their behalf The State thus throws her mantle of protection around the aooosed, guaranteeing him every chance for a fair and impartial trial.
After Cooper's conviction, he gave a history of his career. His real name * was Samuel Wittum, and he was born in Elk Creek Township, Erie Co. , Penn., a few miles east of the Ohio line, October 22, 1837. His father, Artemus Wittun, had previously resided in Ashtabula County, Ohio, and also in Indiana. Both his parents died when Samuel was about six years old, and he then went to live with a farmer named James Bird or Baird. This man treated him badly, and one of his sisters learning the facts came and took him away. He began life for himself on the Beaver & Erie Canal, and henceforth followed a wild, nmng career. He was twice married, and is said to hare been a gambler, counterfeiter, horse thief and murderer, and to have served a term in the Missouri penitentiary, ere committing the deed for which ho tiually suffered death. Wittum, or Cooper, as he is best known to our readers, was ', respited by the Governor from the 6th ontil the 27th of April, for the purpose of giving a sister living in tho East an opportunity to visit him. Though at ' first profopsing ropcntanco for his crime, he tried to break Jail three times, the | last being a desperate attempt Hehercely attacked Sheriff Jennings, secured ' ft fastening bar used on one of the doors, and calling on some other prisonsm I for assistance, which they, however, refused, made a superhuman effort to gain his freedom. The alarm was given and the Jail soon surrounded by a crowd of excited citizens, and Cooper, seeing that escape was noiv impossible, threw down the bar and retired to his cell coning and swearing likeamaniao.
: He refosed to allow the Sheriff to enter bis cell for the purpoee of putting iroEB on h!f liaiida and feet, and ediibittiiff a knife «4i!di he had in aooie anknown manner eecored, swore he wonld kUl any man who wonld attempt to do BO. Science now camp to the rescue, and a physician was called in who with a syringe drenched Cooper with chloroform until he lay upon the floor
A few months passed by, and the dark crime of murder once more stained the reoord of Fdiiace Oonnty. On Monday, November 28, 1866, a young man named Wilson S. Roof entered the house of William A. Mnsaon, at Mog> adore. Snffield Township, and shot to death his wife, Mrs, Harriet Musson. while she was engaged in her daily labors. The murderer fled, and a reward of 6650 wae offend tor hie arreet, which waa effected on ThankBgiving moniing, November 20, in Stark County, about a mile and a half from Lima Station, on the Cleveland & Pittebnrgh Railroad. The culprit was captured by James Boath, a farmer of tliat vicinity, to whom he confessed that he was the morderer d Hre. Hneeon. Boath and William Wilee took the prieoner \n a buggy to Lima Station, thence by train to Ravenna, where they arrived a little after noon, and delivered him to the Sheriff. The following Saturday Roof was examined before J ustice Andrew J ackson. Frosecutine Attorney H. H. Willard and J. J. Hall, of Akron, appeared for the State, and AlphoiMo Hart and G. A. Reed for the defense. The prisoner pleaded not guilty to the chnr^^e of murder, and upon a thorough examination wae remanded to Jail to await the action of the Court of Common Pleas.
Soon afterward the ceee took a new torn, and ani^ieion began to center on Milton Moore, a wealthy married man of Mogadore, doing busineHs in Akron, as an accomplice in the murder of Mrs. Mnsfwin. In March, 1867, be was indicted for prompting and procuring lioof to commit the deed. It was rmnored around Mogadore that Moore wae a trifle too intimate with Boof 'e sister, Hattie, and the scandal soon became common gossip. During the absence of Mrs. Moore from home, Mrs. Musson (who was her cousin) it is said, wrote her regarding the talk that was going the rounds, and upon Mrs. Moore'e retom ehe parted temporarily from her hneband. Thla it wae claimed led up to the commission of the tragedy. Moore gave bail in $50,000 security, and the case came to trial May 27, 1807, before Hon. Qeorge M. Tuttle and the following jury: T. G. Austin, R. P. Cannon, G. O. Foot, K W. Grey, A. B. Oriflin, Clark Norton, Lhuw Brown, Oharlee Dodley, £ra Gardner, John Gillia, C. A Mason nml Joseph Preston. The attorneys for the State were H. H. Willard, A J. Dyer. George Bliss, John McSweenev and Michael Stuart; and for the defense Ezra B. Taylor. S. W. McClnre and J. J. Hall. The trial laated five daje, and though Boof swore poeitttely to Mome'e connection with the crime, the latter was acquitted on Friday, May 31. On the following day Roof pleaded guilty to the charge of mnrder in the second degree^ and was sent to the penitentiary for life.
On (he 20th of September, 1867, Oharlee E. Harrie deliberately shot his son, Alfred L., a young business man of Kent. At the November term of the Court of Common Pleas he pleaded guilty to the indictment of " shooting with intent to kill," and was sentenced to the penitentiary for ten years. Hie f ather*s intemperate habits waa the canse of the deed, and thoiwh the eon apparently recovered at the time, he has einoe died, it is claimed from the effecte of the shot
Huiort Of Pobtaob Ooumtt
Fiaok M. Kelso, of Kent, was indicted at the January term, 1870, for murder in the weood degree, James Ifontagne, wlio died on or eooo after Morember 18, 1869, being the victim. The trouble occurred through Eelao accusing Montague of stealing whisky from his (Kelso's) saloon, which the latter denied. A fi^ht ensued, and it was claimed by the State that from injuries then received Montagne sabseqiiently died, his body l)eing foond November 28, in a cornfield some distance from the scene of the fight. The trial came oflf before Hon. P. B. Conaut in the fall term of the Court of (^om mon Fleas, 1870. Kelso's attorneys were Ezra B. Taylor and D. L. Bockwell, and the State was lepfeeented by Proeeenting Attoniey C. A. Beed and AJphonso Hart. The aoooaed was convioted of manslaoghier, and sent-euced to the ponitontiary for one year. Thore was no premeditation in this affair, I and such an unfortunate event as the death of Montague might result from one blow strook in passion during any ordinary qoairel. Upon the eq»inition of histsnn, Eelao returnod to Kent, a reformed man, claiming that he oonld now SCO the evil resultn of litpior selling, and said that his imprisonment was the beet thing for him that could have happened, fie engaged in railroading, and soon came to be regarded by his employers as one c? we most peaoeabTe and trustworthv men on the road.
The shooting of E. M. Newell by Orlando H. Roberts at Mantua, on Sun- ' day, October 19, 1884, is the last killing that has occurred iu this county, i The' shot was flvsd while the two were engaged in a otmtrorersy orer some j ohestnuts, and Newell died about a week afterward. Boberts gave himself up on the day of the shooting, and wnn placed in the county Jail at Ravenna, but Aubseqoently be had a hearing before Justice Smith, who discharged him. Anodier trial took plaoe before Justice Holeomb, who placed him uaSm bonds of $1,000 to appear before the Court of Common Pleas at the January term. The grand jury indicted him for murder in the second degree, and the trial began before Hon. George F. Arrel on Monday, February 2, 1885. The attorneys for the State were Proeeontor 1 T. Siddall and J. H. Niehols; and Hon. Lather Day and W. B. Thomas for the defendant The defense labored to establish a case of self-defense, claiming that Newell was the aggressor. The jury retired on Thursday afteomoon, and on Friday afternoon r^komed a verdict of guilty of aasaolt and battsry. A Terdict of acquittal woald have created much less surprise thiooghout the county, and the general opinion is that Boberts escaped with a very light sentence. On Saturday morning, February 7, Judge Arrel sentenced the defendant to three months in the county jail, and to pay a fine of $100 and eoati.
Provenance
Text from History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc; Portraits of Early Settlers and Prominent Men; Biographies; History of the Northwest Territory; History of Ohio; Statistical and Miscellaneous Matter, Etc., Etc. .., published 1885, in the public domain in the United States and digitised by the Internet Archive.