USA > Ohio > Butler County > A history and biographical cyclopaedia of Butler County, Ohio, with illustrations and sketches of its representative men and pioneers. Vol. 1 > Part 62
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As a writer, Judge Kinder wielded a sharp-nibbed pen. Here again his clearness and force gave him the best qualities of good writing. His leaders in the Tele- graph, embracing a wider range of topics than are usually treated in a country newspaper, would, for originality of style, richness of illustration, and thoroughness of treat- ment, bear comparison with the best articles published anywhere. Nor was he destitute of those nameless qualities going to make a good editor; conducting the Telegraph (and with it the party in the county) through inany and grave difficulties with great skill and faithful- ness. To his counsel, exposition, continuous writing and speaking, and indomitable faith in its principles and tri- umphs, the Democratic party of this county owed much of its discipline and strength.
There was objected to Mr. Kinder sometimes that he had a touch of rancor. Naturally witty and a strong partisan, it is not wonderful if there fell from him some- times words too severe to be kind. Perhaps his il! health aggravated this inclination. He was a kind mau. in whose breast generous feelings and noble impulses were entirely at home. He certainly was a high-minded gentleman. There never was about him the least decep- tion or truckling. He was too proud to compromise his independence.
If we except the celebrated case of Jarndyce versus Jarndyce, says a writer in the newspapers, in the English chancery courts, and the hardly less well-known suits of the heirs of Anneke JJans, in our own country, to re- cover the real estate supposed to be left them a long while ago, there has probably never appeared on the docket of any court a case of such magaitude as that which was being heard in the Butler Common Pleas in 1872. The bone of contention was the division of a
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HISTORY OF BUTLER COUNTY.
portion of the fairest land in Butler County; sixty-two defendants were directly interested in the result; the petition covered innumerable sheets of legal cap, and in the calenlations the nicest and most exact knowledge of the entire range of mathematics was employed. There had been in this case none of the law's proverbial de- lay ; counsel filed no rejoinders and sur-rejoinders, rebut- ters aud sur-rebutters; the court issued no stays and injunetions,' and the case was as remarkable for the protuptness with which it was decided as for the magni- tude of the interests involved.
Briefly stated, suit was brought for the partition of 12.34 acres of land in Madison Township. The parties between whom this land was to be divided numbered sixty-two, and most of them resided near the land now in court. The court, holding the scales of justice with a balanced hand, apportioned the land as follows, giving to each according to the rules of the laws of consan- guinity. Thirteen of the defendants received each one- fifteenth of the estate; nine received one one-hundred and fiftieth ; four received one six-hundredth; and thirty- six received one five-hundred and fourth.
Let us now distribute, says the above-mentioned ili- genious writer, this magnificent property under the above apportionment, and ascertain how much each re- ceives. An acre of ground contains 43,560 square feet, in round numbers, and 12.34 acres will contain 537,240 square feet.' The thirteen would then each be entitled to 35,816 square feet, making a lot 190x190; the nine each to 3,582 square feet, making a lot 60x60; the four to 895 square feet, equal to a lot 30x30; and the thirty-six each 994 square feet, equal to a lot 31x31. Suppose we value the entire estate of 12.34 acres at 8900. The thir- teen eminently fortunate ones would receive 860 caeh ; the nine would receive $6 each ; the four would reecive $1.50 each ; and the thirty-six would come in for $1.663 each -- taking no account, of course, of the wear and tear of the mind of the attorney who drew up the papers, the necessary purchase of slates, arithmetics, differential cal- culus, theodolites, sextants, trigonometrieal tables, etc.
William H. Smith. of Oxford, one of the oldest mem- hers of the Butler County bar, and a resident of Oxford for over sixty years, died of general debility at his resi- denice, in August, 1876.
Mr. Smith was born at Martha's Vineyard, Massachu- setts, in 1807, aud coming West with his father's family in 1815, settled in Oxford Township, where he resided ever after. Having received a good common school edu- cation, he engaged carly in teaching; afterward was a farmer, and chen a merchant. During his leisure from business he applied himself to the study of law, under the direction of John Woods, of Hamilton ; was admitted to the bar ie 1839, and continued in active practice in this and the adjoining counties until within six months before death, when he was laid-aside by sickness. He was the oldest member of the Butier County bar, and
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was much respected by his associates in the profession for his excellent knowledge of law. Mr. Smith was distin- guished especially for his kindness of heart and gene- rosity. While in religious belief he was a Universalist, he was unusually free from sectarian prejudice, and was in sympathy with all Christian effort, by whatever de- nomination, taking an active interest in every movement for the good of the community. Politically, Mr. Smith was a steadfast and zealous Republicau, having the wel- fare of the country at heart, and laboring earnestly for his party. He was the last of ten children. Of those of his connection surviving him are his son, Ransford' Smith, of Ogden, Utah; and his nephews, Dr. H. A. Smith, of Cincinnati, and P. W. Smith, of the Butier County bar.
A meeting of the bar was held in the court-house the Saturday after his deeease, for the purpose of paying a tribute to his memory. Thomas Millikin was made chairman, and P. C. Conklin, secretary; and a com- mittee, consisting of C. S. Symmes, Colonel Thomas Moore, and James E. Neal, was appointed to draft reso- lutions expressive of the sense of the bar. The com- mittee, after a short absence, reported the following :
" Whereas, it has pleased an allwise Providence to remove from our midst the oldest member of our bar, W. H. Smith, Esq., of Oxford, Ohio, who, for almost half a century, has been an honored and honorable prac- titioner before our courts; therefore, be it
" Resolved, That we deeply deplore and regret the loss of our departed friend and brother, and in his death the bar of this county has lost one of its most faithful, industrious, and consistent members, and the community at large one of its most valuable citizens, and his elients a most vigorous and persistent advocate of their rights."
The trial of Griffin for the murder of Uzile Prickett came up by assignment before the Court of Common Pleas, Monday, February 22, 1869. The hearing vi' evi- denec and the argument of counsel occupied the entire week. The trial was watched with the greatest interest, and during its eoutinnamee the coart-room was crowded to its utmost capacity.
Prickett had made wrestling his business for a member of years, and in this had established a reputation with the sporting community. He came to Hamilton for the purpose of engaging in a wrestling contest, and on Fri- day, June 12. 1868, the match was had near Debbys- ville, between him and one Tim Walker, in which Prickett was vanquished. On the night of that day Prickett was killed in the saloon known as the " Hole in the Wall." Suspicion attached at ouce to Griffin as the man who had killed him. He was arrested, had a preliminary exam- ination before the mayor, ard war committed to jail to answer to the charge of murder in the first degree. The grand jury, at the October term, found a true bill against him, and the case came up at that term : but, ewing to an informality in obtaining the jury, was continued to
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THE COURTS.
February 22d. The evidence which proved to the satis- faction of the jury that Griffin was guilty of the mur- der of Prickett was that furnished by himself and the testimony of Kelley.
It was in evidence that Griffin came to the American saloon about twelve o'clock Friday night, and on obtain- ing entrance replied to questions as to how blood came on his hat and why his hand was wrapped in a pocket- handkerchief, that he had "had a fight with Prickett," " had knocked him down," "thought he had hit him too hard," and one witness said that Griffin said with an oath, "he had killed him (Prickett) he believed," and others that he said "he was afraid he had killed him."
He gave as the cause of the quarrel between himself and Prickett, that while in the "Hole in the Wall" he had invited Prickett to drink with him, to which invita- tion the latter responded that "he would not drink with any d-d Vallandigham man," whereupon he had struck hin. It was in evidence that Prickett had twice before drank with Griffin that evening at the "Hole in the Wall," once on Griffin's invitation and again on the in- vitation of Thomas Counaughton. Coupled with these statements made by Griffin to parties in the American Saloon, was the evidence of Joe Kelley. Kelley's evi- dence was that between eleven and twelve o'clock Friday night he left the Globe Saloon and went down to the "Hole in the Wall," accompanied by George Shedd. On their arrival no one was in the room save Prickett and the bar-keeper. Shortly after Griffin and Connaugh- ton came in. Griffin treated the crowd and then Con- naughton did, Prickett drinking both times. Both Grif- fin and Connaughton then left the saloon. They returned soon and again departed. Shedd left a short time after. Griffin returned for the third time to the saloon, this time alone. No one was then there present excepting Prickett, Griffin, and Kelley. Prickett was sitting with his back to the rear part of the saloon, leaning back in his chair between two tables. Kelley was playing the banjo.
"All at once," said Kelley, "Griffin came up to Prick- ett, hit him first with his left hand and then with the right, then pushed out his right fist against Prickett. Then I heard a pistol shot. Prickett's head fell baek on the table. Griffin went out about a minute after the shooting and remained out some moments. When he came back he took bold of my banjo. I had gone back to speak to the bar-keeper's wife. I came back into the room, took the banjo, and went up stairs into the street, Griffin following me. I said to Griffin at the head of the stairs, 'This is a bad night's work.' He said, . If you do not think he is dead I will go and give him an- other.' I then went after Dr. Falconer. Griffin went with me, and was standing back of me when I spoke to the doctor. I then went to my room, put away my banjo, and returned to the saloon. I then went first after Humbach, then to Johnson MeGehean's, and then for MeGlynn; returned again to the ' Hole in the Wall,'
and remained until Dr. MeNeeley said Prickett was dead. At the time the shot was fired no one was in the room save Prickett, Griffin, and myself. I am confident I saw the butt of a pistol in Griffin's hand."
Up to the testimony of Kelley it will be seen no evi- dence had been adduced showing that Griffin had more than struek Priekett. The testimony of Kelley, if ad- mitted, proved that in addition to striking him with his fist he had caused his death by shooting him. It is but just to say that Kelley was a man of the mnost disrepu- table character, and the defense introduced an abundance of witnesses who declared they would not believe him under oath. Kelley was, apparently, a most unwilling witness against Griffin. He bad absconded from the city in order to avoid giving his evidence against Griffin, and it was only after a protracted search that he had been found and brought back to give his testimony in the casc. Kelley himself testified that his life was threat- ened should he testify against the accused. Under such circumstances as these his testimony went to the jury, and that jury, after a session of five hours, came into court at eleven P. M. Saturday, February 27th, with the verdict of guilty of murder in the first degree.
Motion was made for a new trial by the defense and most ably argued by oppesing counsel, and on Friday, March 5, 1869, John Griffin was brought into court to hear his sentenec. In reply to a question by the court "why sentence should not be pronounced against him," Griffin asserted his innocence, and affirmed his belief that he would have been acquitted had the trial been less protracted. Judge Gilmore then sentenced him to be removed to the county jail, and there kept in close confinement until Thursday, May 27th, on which dav, between the hours of eleven and three o'clock, he was to be hanged.
As the day approached on which John Griffin was to suffer the extremne penalty of the law it became evident that his counsel would make an effort to arrest the man- date of the court, and, if possible, secure for the defend- ant a new trial. On an alleged informality in the in- dietment, Justices Day and White, of the Supreme Court, directed the clerk of the Supreme Court to issue a supersedeas, enjoining upon the sheriff of Butler County a delay in the exccution of the sentence of the court until its proceedings were reviewed. The Supreme Court convened at Columbus, June 30th, and on the day fol- lowing Chief-justice Day sustained the judgment of the Common Pleas. The court then designated Thursday, July 29th, as the day for the execution of Griffin.
Petitions were swiftly circulated and numerously signed, asking the governor to commute the sentence of death to imprisonment for life. The governor gave to the case a most careful attention. Evidence both for and against the prisoner was asked for by him, but after a close study of the case in all its bearings he reluctantly deeliued to interfere with the sentence of the courts.
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HISTORY OF BUTLER COUNTY ..
The friends of John Griffin having failed to accom- plish any thing, he determined to act in his own behalf.
At four o'clock Wednesday afternoon, July 21st, the Rev. M :. Hone, a Catholic priest of Hamilton, visited the prisoner in his cell. Griffin's compartment was on the left hand side of the main entrance. He was kept securely locked up, while the other prisoners, fourteen in number, had the liberty of the hall.
Mr. Hone was, as usual, admitted to Griffin's cell by turnkey Bayless, and after a short interview was let out, Bayless locking the door, placing the key in his panta- loons pocket, and the two passing to the outer door, which was opened for their egress by one of the ladies attached to the jail. Mr. Hone was in the advance, and as the two were about to step out Griffin motioned . with his hand, which attracted the attention of Bayless, causing him to turn around, whereupon the prisoners made a rush, felling him to the ground, and endeavoring to procure the key to Griffin's cell.
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The alarm was immediately raised by the attendant at the door and was taken up by the deputy's wife, the former having the presence of mind to ring the bell. The prisoners failing to get possession of the key then made a rush to the door, four of them, John Richards, convicted for. horse stealing, Joseph Gustin, stabbing with intent to kill, John Smith and John Reed, robbery, mak- ing their escape. In the meantime the alarm spread like wildfire throughout the city, and the report that Griffin had been released brought hundreds to the vicin- ity of the jail in time to join in the pursuit. The situ- ation was soon explained, and in fifteen minutes from the time of the escape the prisoners were recaptured and placed in their cells.
During his long confinement in the county jail Grif- fin manifested no contrition for the murder of Prickett. At all times when interrogated on the subject he stoutly denied that he fired the pistol shot which produced Prickett's death, asserting at times that Joe Kelley and at other times that Galloway fired the shot.
In reply to a question of a friend " whether the preach- ers cante to see him," Griffin replied, "yes, all of them; but they can't blarney me." He manifested a stoical in- difference, which could only be accounted for on the theory that he was wholly destitute of moral sensibilities and perceptions.
The most careful scrutiny on the part of the turnkey to prevent any thing going inte the cell of Griffin which might be used by him for the purpose of escape or self- destruction was not sufficient to prevent his obtaining a razor blade. This article was found while a search was made in his cell on the 28th, while Griffin was being slaved in another part of the jail.
As early as eight o'clock on the 29th of July, and until after the execution, the approaches to the jail were lined by crowds of men from city and country anxious to know what was going on within the walls.
. A strong police force stationed at cach gate and patroll- ing the pavement in front of the jail was taxed at times to its utmost to repel the crowd, which on the exit of any one from within the jail surged up to the inclosure and was importunate in its demands for the details of the proceedings within.
But a limited number of persons was allowed to wit- ness the execution. The friends of the prisoner, the city officials, clergy, and the press of this and adjoining cities composed the audience, and to these a few day's before Sheriff Andrews had handed a card on which was printed :
EXECUTION
OF
JOHN GRIFFIN, Thursday, July 29th, 1869.
B. N. ANDREWS.
Not Transferable.
Sheriff of Butler County.
The gallows was located in the south-east corner of the jail-room, and in the corner diagonally opposite from the cell in which Griffin was confined. It was a very rude picee of workmanship. In dimensions it was eight feet in length by five in width, and from the floor to the beam to which the upper end of the rope was attached was fifteen and a half feet. The platform upon which the sheriff and his assistants stood was five feet from the floor, and in dimensions was five by five feet. This plat- form was connected with the floor of the jail by a stair- way of eight steps. From this platform and to the left and reached by two additional steps was the trap-door.
The Rev. Messrs. Hone, Lucas, and Steinterner of the Catholic Church of this city came into the jail about ten and a half, and from that time to eleven and a half were in earnest converse with the prisoner. At twenty min- utes to twelve o'clock the coffin was brought into the jail- roon, immediately after which leputies Allen and Brown repaired to Griffin's cell, and escorted him to the gallows.
The prisoner's hands were tied in front and he hel! before him as he walked from the cell to the scaffold a black walnut crucifix. The reading of the death-war- rant was done by the deputy sheriff of Hamilton County. Immediately after the reading of the warrant the sheriff asked the dying man if he had any thing to say. Griffin turned more directly toward the spectators, and spoke as follows:
"Gentlemen, I am here in a. place I never expected to be. I am not able to make a speech, and not very willing. I never had an idea that I would come to the scaffold. It is by such cowardly testimony as Kelley's, a man who was in jail at the time, and Shedd and Gallo- way; if they had kept them in also, they would have tobl ou themselves. Kelley came to me 'in jail and said he was as much to blame as I. I am not guilty."
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At the conclusion of Griffin's remarks Mr. Hone ad- dressed the throne of grace in a most fervent petition in the prisoner's behalf, and on its conclusion he elevated the crucifix, which Griffin kissed.
Deputy Allen then stepped forward and adjusted the noose. Griffin again kissed his erncifix and bid the sher- if, Deputy Sheriff Allen, and Mr. Hone good-bye, and said, "I bid yon all good-bye. I hope to meet yon in a better world. Farewell." Deputy Allen then put the white cap upon Griffin's head. At five minutes after twelve the last moment had arrived. Standing on the trap door Griffin exclaimed in a loud voice, "Sheriff, I am ready," and immediately the trap was sprang. The fall evidently broke his neck and killed him instantly, as, save the slightest twitching of the muscles, no movement of the body was perceptible.
The body was taken down at ten minutes to one o'clock and, after an examination by Doctors Gale, Corson, and Hinkley, who pronounced life extinct, it was enclosed in the coffin and delivered over to the custody of his friends, by whom it was buried the next day at three c'elock.
Thus ended the case of Griffin. He was the only man hung in the county since its formation, and yet he was- probably nnjustly executed. We have been assured by two of the most prominent and acute lawyers of this city, whose official positions have required them to ex- amine the evidence since, that Prickett had been dead an hour or more before he was struck by Griffin, and that he was the scapegoat of others. That day he had sold the match, and had between eight and nine hundred dollars in his pocket. Those who had lost on their bets determined to get their money back, and shot Priekett, rifling his body, and placing him in a posture where his head was resting on a table. Griffin came in inflamed by drink, having beeu instigated to the act by others, and struck the dead man a tremendous blow on his head with his fist. He fired no pistol. Afterwards he went away with the impression that he had really killed his man, nor could his counsel prove otherwise. There was just then a clamor for the punishment of crime in this county, and Griffin was the sufferer from it. Judge Gil- more charged the jury point-blank, crime had been un- usually rampant, and the conviction and execution took place.
The case of Thomas MeGehean, take it for all in all, was probably the most celebrated connected with this county, although none of the principal trials took place here. But the lawless condition of Hamilton, the fre- queney of murders, the boldness with which the death of Myers was planned, the publicity of the place, the efforts to have a trial in Hamilton, and the three subse- quent trials in Warren and Montgomery Counties, the death of Vallandigham, the storm of indignation with which the final verdict was received, and the driving away of MeGehean from this town, give it an interest with which no other can compare.
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Thomas MeGehean, around whom this tragedy re- volves, was a native of Clermont County, and at the time of the death of Myers was about thirty-five years of age. Ile had been brought up as a shoemaker, but when about twenty-five had abandoned that occupation and became a politician, speculator, and man of no trade. In 1862 he was a special agent of police of the United States Government, and was afterwards city marshal of Hamilton. He was a bold, rough, and determined man, and early made enemies, being charged with counterfeit- ing and other erimes, but in no instance was the accusation substantiated, although generally believed. He became also interested in the whisky frauds, and was employed by politicians on election days to aid them, as he well knew how to do. He had many friends, and was able to reward them and to punish those who were his enemies.
Among those who were rivals and opponents of his was Thomas S. Myers, also charged with many misde- meanors. The two had acted together on many occasions, but had passed from friendship to enmity. Myers also had his friends, and was scarcely ever seen without one or two of them in company. The commonly received version of the killing of Myers is that he was in the American saloon, up stairs, in a gaming room, which was i filled with people; that intelligence was brought to Me- Gehcan, who had been drinking, and that he and his party went over to that place, which was situated a few doors west of the Hamilton House; that they ascended the stairs, and entered the room, MeGehean approaching Myers, who was seated one side of a table, and through his overcoat fired a shot from his pistol at Myers, who fell, pulling out his revolver, and fired four or five times blindly. Large stones were also thrown during the progress of the fray by somebody. The room had been at the beginning of the affair crowded with people, some of them very respectable, but they all fled like sheep, and the place was immediately deserted. This was Christmas Eve, 1869.
MeGehean, on the contrary, said the facts were that about seven in the evening he went from his stable into David Lingler's saloon. There was a large crowd there. He laid off his overcoat, which was a large fur one, and- sent Lingler's little boy to MeGelean's house, about two squares distant, for another one, a light-colored chinchilla. He then changed coats, handing the fur one to the bar- tender, and the change was made in front of the bar, before all present. From Lingier's he went to two or three saloons, finally stopping at the American. At the head of the stairs he heard pistol shots, in rapid succes- sion, and the noise of chairs falling in the gambling room, several men running out, and one or two of them falling down in their hurry. The affray dil not last longer than fifteen seconds. Two men saw him, who testified to these facts on the trial. MeGehean went into the room, but not more than five feet from the door.
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