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 63
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Myers was on the floor, and Peter Schwab standing near him. There were two or three others in the room. At the coroner's inquest next morning nearly all who were in the room were brought before the jury, but none could tell who shot the deceased, except one who said that Jackson Garver struck him with a stone, and then with a slung-shot. The theory of the death, according to Me- Gehean, was that Garver struck Myers with a stone while the latter was sitting at a table playing cards, and that In .drawing out his pistol to repel the attack he shot himself, dying from the effects of the shot in ten minutes. In the jail Garver told the other prisoners that no one struck Myers but himself. He said when he saw him there that night he thought it was a good opportunity to give it to him. He first threw a stone, which missed, and then threw another, striking him on the head. Myers jumped up at once, and they elinched. Garver then struck Myers over the head sev- eral times with a slung-shot. The latter then tried to draw his pistol, but just as he got it out of his pocket it went off, the bullet passing through the top of his pant- aloons, and into his boly. The two men had frequently had quarrels. Thus far MeGehean's statement.
At the coroner's inquest many men were sworn, C. L. Vallandigham acting for MeGehean. Joseph Myers, the brother of the deceased, swore a few days after, that he met MeGehean coming down stairs, and said to him that he came for no fuss. McGehean replied, "All right, Tom's my meat, up stairs, dead." On bis eross examina- tion he admitted that three days before. on his previous examination, he had not said so. He shook hands in a friendly way with MeGehean after the latter had ae- knowledged killing his brother.
D. V. Brown testified that he was present at the time of this examination, and that the phrase imputed to the prisoner was not used by him.
After the preliminary examination and indictment MeGehean asked and obtained a change of venne from Butler to Warren County. He was taken to the War- ren County jail, but upon the sheriff of the latter place representing it was not secure enough without putting him into a eell he was brought back.
The trial began on the 6th of June, 1871. The coun- sel that.appeared on MeGehean's behalf were C. L. Val- landigham, Thomas Millikin, Alexander F. Hume, James E. Neal, Governor MeBurney, and Judge Wilson. The attorneys for the prosecution were S. Z. Gard, Kelly O'Neil, S. C. Symmes, M. N. Maginnis, and P. H. Kumler, appointed by the court. George R. Sage was engaged by some of the citizens of Hamilton, as was John Follett of Cincinnati. Stephen Crane and A. W. Eckert appeared for Garver.
It very soon appeared that the dispute was as to whether Garver or MeGehean killed Myers. Garver was introduced as a witness.
He swore that he saw MeGehean shoot Myers through .
his eoat pocket and that there was a hole in it, and pointed out on his own coat where the hole was. Val- landigham said, " Would you know that coat if you saw it now?" "Yes." "And if you see it, and there is no hole in it, will you still swear there is?" To this he did not make any answer. Then Mr. Vallandigham said, " You will see the identical coat that Tom McGehean wore that night, and there is no hole in it." During Garver's evidence he said that he met MeGehean at Lingler's saloon on Christmas Eve, and that MeGehean wished him to " whip that big loafer," Myers, that night. Sheely, Tom McGehean, James MeGehean, MeGlynn, and Garver went to the Phoenix Saloon, and on the way Sheely gave him two stones. From there they went to the American Saloon, where Myers was playing cards. MeGlynn and Garver stood behind Myers, and the latter inquired of the former whether he was ready. MeGlynn replied in the affirmative. Garver then threw a stone, and his associate followed. Myers immediately rose from his chair, and then Garver saw McGehean, he says, shoot him through the pocket. He saw the smoke coming ont. He was watching the bully closely, and was afraid he would himself be shot. He had often heard MeGehem say Tom Myers ought to be killed. After the fight he and MeGehean met in front of Dingfehler's lumber yard, where he was shown the bullet hole.
On the cross-examination it was proved that Garver had been once in the penitentiary for burglary. He had been indieted twice for stealing, and also for shooting at Dan Smith, Jacob Humbach, and James McGehean. He had been arrested for carrying concealed weapons. He was arrested for knocking a man down and robbing him of his watch. He was dismissed from the fire de- partment and drew a knife on the man that took his place. He had been indicted for assault and battery, he could not say how many times, probably ten. He de- serted from the army at Nashville, and stole mules from the government after the war, and he admitted that he perjured himself in the examination before the coroner's jury.
This first trial was at Lebanon, Judge Leroy Pope presiding. From the first to the last MeGehean's attor- neys contended that Myers accidentally shot himself. After the witnesses had been examined it was arranged that Mr. Millikin should make the first speech to the jury for the defense, and that Mr. Vallandigham should deliver the final address. It was in the preparation of this, the greatest effort of his life, that he met with the accident which closed his earthly career. He had dis- played more than usual interest in the case.
Mr. Vallandigham occupied room No. 15, on the see- ond floor, of the Lebanon House. The room was imme- diately over the hall door and fronting on Broadway, the widest and handsomest street in the place.
He had returned but a short time from a walk with A. G. MeBurney, of Lebanon, and Thomas Millikin, of
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Hamilton, associate counsel in the defense, from Turtle i Creek, in the outskirts, whither they had repaired at the instance of Mr. Vallandligham to witness an experiment performed by him of shooting with a revolver at a piece of cloth in order to show how close the muzzle of the weapon could be held to the material without powder burning it.
Mr. Vallandigham had a new Smith & Wesson's in- proved revolver, with five chambers of the No. 32 ealiber, and tried his experiment, with what success can not now be determined, but as the party returned Mr. Millikin remarked to Mr. Vallandigham that there were three loads remaining, and he had better discharge them. " No," replied Mr. Vallandigham, "never mind." Mr. Millikin urged, Mr. Vallandigham resisted, and soon after reached the hotel and entered his room, where he placed the loaded revolver on the table with an unloaded weapon, which he intended to use in his argument on Monday before the jury, in illustrating his theory that Thomas S. Myers shot himself. Mr. Symmes, of Hamilton, entered the room, and Mr. Vallandigham remarked that he felt badly; he had just had a telegram announcing the dan- gerous illness of his wife's brother, J. L. V. McMahon, of Cumberland, Maryland, and Mrs. Vallandigham had gone to attend the bedside. They were soon joined by Mr. McBurney.
No one unacquainted with Mr. Vallandigham could have fully appreciated his wonderful energy of character. It had carried him through almost unparalleled difficul- tics for several eventful years, and never, probably, did it shine out with such promise as in this latest effort of his legal career. Upon the defense of Tom MeGehcan he concentrated every faculty of mind, throwing his entire being into it with an enthusiasm and force which those associated with him in the case say eclipsed every former effort, and gave promise of success in a case already tried, judged, and coudemned at the bar of publie opinion. Day and night he devoted himself to it with unremitting paius. Every thing calculated to contribute in he least to strengthen the defense Mr. Vallandigham eagerly per- formed, and it was in direct pursuance of this end that he lost his life.
"I will demonstrate to you in a moment," said he to Mr. MeBurney and Mr. Symmes, " the absurdity of Fol- lett's argument that Tout Myers did not shoot himself." With that he seized one of the pistols lying on the table, and putting it in his right pantaloon pocket, continued: " Now here is the way Tom Myers had his pistol iu his [xw.ket." Mr. Symmes here interrupted him, and excus- ing himself, left the room to see Judge Pope on business, who at. that moment was passing on his way to his own room on the floor above, and retired.
Mr. Vallandigham bad then ouly oue auditor and spectator-Mr. MeBurney.
"Yon see, Mr. McBurney, how I hold! this pistol?" " Yes."
" Very well, now, Myers drew his out this way, and as the muzzle came up to hereabout he pulled the trigger."
Mr. Vallandigham held the muzzle of his pistol against the right side of his abdomen, at a point almost exactly corresponding with that where Myers received the bullet, and to the infinite astonishment of Mr. Me- Burney and himself, an explosion took place, and the rash experimenter exclaimed :
"Oh! murder, I am shot."
The terrible situation was realized in a moment by both. Mr. Vallandigham tore open his garments and Mr. McBurney summoned assistance.
"What a foolish thing to do," remarked the wounded man, as he pointed to a little red spot on his skin. "I took hold of the wrong pistol, and that's the result."
The explosion and the call for assistance soon filled the room, the hall in front, and the stairway with ex- cited people, and in much less time than it takes to tell it half the population of Lebanon knew that Mr. Val- landigham was accidentally shot.
Drs. L. S. Scoville and Isaac L. Drake of that place were there within a few moments after the accident oc- curred, and telegrams were dispatched for Professor W. W. Dawson, of Cincinnati, and Dr. J. C: Reeve, of Day- ton, the family physician of Mr. Vallandigham.
But their efforts did not avail, and Vallandigham died the next morning at a quarter to ten.
After the jury had been charged by Judge Pope, they retired, and were out for twenty-four hours, but were unable to agrec. Mr. McBurney and Judge Wilson, two of MeGehcan's attorneys, procured thirty-nine affidavits stating that he could not get a fair trial in the county. This being presented to Judge Pope, he allowed Me- Gelican another change of venue, sending him to Day- ton, Montgomery County. He was accordingly taken there and placed in jail.
When the trial came on, the evidence was substan- tially that given before, but the jury brought in a verdict of guilty of murder in the second degree. MeGehean's counsel applied for a new trial, on the ground that the verdict was not sustained by the evidence, and that one of the jurors (Buchweiler) had perjured himself when . he swore his mind was not made up when selected. Judge MeKemy set the verdiet aside, and granted an- other trial. This took place the December following. After an hour's deliberation the jury returned a verdict of not guilty.
The return of MeGehean was attended with a colui- motion. No sooner was it know that he had reached home than a feeling was manifested against him. In the afternoon handbills appeared on the streets, denouncing the courts, the law, and the rings, and saying that society must protect itself. A meeting, therefore, was called for that evening at seven o'clock. Many regarded this as an intimation for MeGehean to leave, and an indignation
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meeting had already been held at Port Union. The meeting was composed of well known and influential men, and passed resolutions denouncing his acquittal as an outrage, and ordering him not to remain in Hamilton. But in the meantime McGehean had departed, and for some time his home was in Cincinnati. When he came back, he opened a drinking-place.
Tom McGchean was assassinated in his saloon a little while before midnight on Sunday, June 13, 1875.
This saloon was a two-story frame on Basin Street, between Third Street and the Cincinnati, Hamilton, and Dayton Railroad, and opposite Giffen's lumber yard.
McGehean had closed his place for the night, and after drinking on Basin Street, west of Third, had re- turned to his own saloon in company with two men that he might "treat" them at his own bar.
The party entered the saloon and McGehean had turned on the gas and had stepped behind the bar to set out the liquor, when the shots were fired that ended his career.
There was a vacant lot on the west side of the saloon and a window opened here directly behind the bar. This window was protected by ordinary closed shutters, with diamond-shaped apertures near the top for the ad- mission of light. - The shutters were closed and fastened; the distance from the ground to the openings in the top of the shutters was about eight feet.
Either before MeGehean entered his saloon at mid- night Sunday night, or immediately after the party had entered, a small spring wagon was dragged before this window, from which the assassin, resting his weapon on the diamond-shaped aperture in the shutter, was enabled to take a deliberate aim at his victim. He was distant from him scarcely six feet, and the weapon was dis- charged with such deadly effect that MeGehean fell struck with eleven large buckshot. Three of these large buek- shot severed the jugular wein in as many places, killing him almost instantly.
He staggered out from the bar and fell a few feet from it. The discharge of the gun was heard some dis- tanee away, and on Nate Wood, John Johnson, and Prosecuting Attorney Vallandigham reaching the saloon, McGehean was found stark dead on the floor with his revolver, which he had mechanically drawn, by his side. The two by-standers fled the moment the firing occurred, each thinking that MeGehean was the assailant and they the intended victims. Their evalence before the coro- ner's jury gave no clue that would lead to the discovery of the assassin, nor has any information been elicited that would throw any light on this point.
MeGichean was buried at nine o'clock Tuesday morning. So ended the last scene of the tragedy. The man had many enemies, and they finally avenged themselves on him. The town for many years had been the scene of murders and brawls, but has since much improved.
Mason S. Hamilton, who was city solicitor of Hamil-
ton for two years, committed suicide at the Soldier's Home last Fall. He was born in 1835; was captain of Company H, Eleventh Indiana Cavalry, during the last war; was county surveyor from 1870 to 1873, and city solicitor from 1875 to 1877. He was admitted to the Soldier's Home in September, 1879. His health had been bad for years, and was the cause of the act.
Judge Elliott, of the District Court, on Saturday, April 20, 1878, announced the death of George J. Smith, formerly a member of this bar and court.
On motion of Thomas Millikin the court appointed a committee to draft resolutions of respect touching the character of the deceased. Thomas Millikin, Thomas Moore, and S. Z. Gard were appointed the committee, and their report, which is as follows, was read, adopted, and ordered spread upon the minutes of the court:
"The court and bar of Butler County have learned with sincere sorrow of the death, at his home in Leba- non, of Honorable George J. Smith. The deceased was for many years a distinguished lawyer at this bar, and was also for many years the presiding judge of our Court of Common Pleas. He was the contemporary of Thomas Corwin, John Woods, Thomas Ross, William Bebb, Eli- jah Vance, John B. Weller, John M. Millikin, and Lewis D. Campbell, all lawyers of the olden time, men of abil- ity and learning, whose names have honored our profes- sion. Judge Smith was the last of the Butler County lawyers. He was a lawyer of extensive and accurate learning in his profession, of sound discriminating judg- ment, cautious, prudent, careful, amiable, eminently just and honorable both to his clients and adversaries. No man ever practiced law at the Batler County bar with a better reputation for integrity and ability than George J. Smith. As a judge he was learned, patient, pains- taking, laborious, and honest. He was pre-eminently fitted for his position. He died at an advanced age, with an unspotted reputation, having lived a useful and un- sullied life, leaving behind him no recollection that he would wish to blot out."
Among those whose names are preserved of the bar in 1871 are C. S. Curtis, C. S. Symmes, A. F. Hume, A. W. Eckert, W. W. Pardee, R. B. Davidson, P. II. Kumler, and 1. W. Scott.
RAILROADS.
THE idea of a railroad carly took possession of the imagination of the dwellers in Butler County. By the Miami Canal they had been placed in connection with the East, but the progress was still very slow. The car- liest projected road that benefited Hamilton and Cincin- nati was the Mad River and Lake Erie, and it was also the first built. Its charter was granted January 5, 1832,
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and it was authorized to construet a railroad from Day- ton to Sandusky. To New York, Albany, and Buffalo, said a Buffalo paper of 1835, the Mad River Railroad was of vital importance. There was a road then being constructed from Schenectady to Utica. "This done, to say nothing of a railroad from Utica to this eity, the matter of a journey from New York to Cincinnati will stand thus:
"From New York to Albany, five P. M. to six A. M. next day, by boat; Albany to Utica, nine A. M. to five P. M., by railroad; Utiea to Buffalo, four A. M. to six A. M. second day, by stage; Buffalo to Sandusky, nine A. M. to cine A. M., third day; Sandusky to Cin- cinnati, ten A. M. to nine A. M. next day: In all four days and five nights.
"Thus much for time, now for expense.
From New York to Albany, $1 00
Albany to Utica, 3 00
U'tica to Buffalo, 8 00
Buffalo to Sandusky, 4 00
Sandusky to Cincinnati,. 6 00
Total, $22 00
"Snch, we believe, will cover the distance when eon- vevance shall have been completed. From Cineinnati to New Orleans, and the whole intermediate distance of navigation, by the largest steamboats, is at no season in- terrupted by a want of water. The Mad River Railroad from Sandusky to Dayton once completed there, and the - travel from the lower Mississippi to New York, with much of the business that now stops short of the latter city. will be brought through by this route. We ven- ture the prediction that a daily line of steamboats be- tweev Buffalo and Sandusky will find full employment to convey to and from the railroad the people that will pass upon it after it shall be in full operation."
The Little Miami Railroad was the first to touch Cincinnati from the north. Construction was begun in 1837, but progressed slowly. It was open for traffic from Cincinnati to Milford in December, 1842, o Xenia in 1845, and to Springfield in 1846.
It is probable the original idea of the Cincinnati, Hamilton, and Dayton Railroad was Henry S. Earhart's. At any rate, he was the first one who did any thing towards putting it into execution. According to his own account, he suggested it to John Woods, then the great man of Hamilton, one who always kept his eyes open for any thing to improve the town or neighborhood. Mr. Wenn's took an active interest in the matter, and with Mr. Earhart obtained subscriptions enough to make a temporary survey. The suns offered varied from three dollars to forty-five, and the aggregate was intended to be need sinady to pay the expenses of the men employed. The engineers wore to receive nothing. John W. Erwin, then as now a prominent engineer of this city, was eu- saged to go with the party, but could not join them until they reached Carthage. Mr. Earhart had with
him his sons, Martin and James, who drew no compen- sation. George R. Bigham ran the compass line. The men tented out, and were provided for by a commissary, Henry Auchey.
The beginning of the surveying trip was from the end of Third Street. They crossed the ponds at the south part of the town, and laid their course in the direction in which Jones's Station now lies. Mr. Jones had not then taken up his residence in that locality. They camped there the second day. It was all woods, and they staked their way through every hundred feet. There were few settlers along the route at that time. At Jones's Station Dr. Close, of Springdale, since dead, met the surveying party. He wanted them to run their investigating line so as to take in Springdale. Mr. Earhart told him that the land there was much higher than he could get by another route; that he could make an easier road than by way of Springdale. He insisted, however, and so they ran a line taking the eastern side of the Cincinnati and Hamilton Pike, and coming into Carthage by the way of where the connty Poor House is now. Between Hamilton and Jones's they had occasion to go through a corn-field. They were as careful as they could be, bend- ing the eorn one side in the rows in order to run their line. The owner came out and said :
"What are you doing here? Is that you, Mr. Ear- hart ?"
"Yes," he answered, "it is I, and I am running a railroad line trom Hamilton to ('ineinnati."
" Well," said the farmer, "I think they had better send you to the lunatic asylum."
From Carthage down they followed the Millcreek Valley, substantially as the road is now. Near the val- ley the line erossed the creek and struck into Freeman Street, the whole distance measuring twenty-two miles and a fraction. The termination, as they designed it, was in the neighborhood of where Lincoln Park is now.
The Cincinnati, Hamilton, and Dayton Railroad Com- pany was chartered on the 2d of March, 1846, having solicited a charter as the Cineiunati and Hamilton Rai !- road Company, its present corporate name being conferred by Charles Anderson, then a member of the Legislature from Dayton, and afterwards lieutenant-governor of the. State. He did this without conference with those inter- ested. The original incorporators were as follows:
John MeLean, Samuel Fosdick, John C. Wright. Jacob Burnet, Josiah Lawrence, Jacob Strader. and George P. Torrence, of Hamilton County; John Woods, William Bebb, Lewis D. Campbell, John W. Erwin. Charles . K. Smith, Aaron L. Schenck, Francis J. Tytus. Abner Enoch, Dr. Andrew Campbell, Samuel Dick. George L. Wrenn, Solomon Banker, and John M. Milli- kin, of Butler County; Jacob Zimmer, C. N. Huber, Lewis Hasselman, Perry Pease, Alexander Grimes, Dan- iel Beckel, J. D. Phillips, Jonathan Harshman, H. S. Gunekle, James C. Negiey, Samuel Rohrer, and Edward
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W. Davies, of Montgomery County, and John D. Mulli- son, Jolin G. Law, George L. Denise, O. H. Schenck, Joseph H. Brown, Aaron R. Earhart, and Denise De- nise, of Warren County.
In 1849 the capital stock was increased to $2,500,000, and October 12, 1864, to $3,000,000. In 1866 it was increased to $3,500,000. The original charter was pre- pared by John Woods and Lewis D. Campbell, who from the beginning were the chief men. The first meeting of incorporators was held at the Pearl Street House, in Cin- cinnati, in 1847, when Lewis D. Campbell was elected president. Not long after, actual work began.
On the 9th of December, in that year, the principal part of the survey of the final location of the above road had been made, and the estimates of the engineer re- ceived. The route chosen was thought to be shorter and on more favorable ground than was at first expected, and, therefore, involving much less expenditure. A large part of the road was level, the greater part of the grades requiring only from one to five feet elevation to the mile. The highest elevation was thirty feet to the mile, and this extended over a space of but four and a quarter or five miles. The road ready for the superstructure it was estimated could be built for $48,673, and the entire road of single track, with turn-outs, etc., for $80,000. For $90,000 persons were then ready to contract. The dis- tance is twenty-one and a half miles. The expense which the construction of the road involved was about half that at which the castern roads were built. .
Mr. Campbell on the 30th of March, 1848, issued the following advertisement :
"RAILROAD LETTING.
"Scaled proposals will be received at the office of the undersigned in Hamilton, on Saturday, April 29th, between the hours of ten o'clock A. M. and four o'clock P. M., and at the office of King & Anderson, Esquires, Third Street, in Cincinnati, on Monday, May Ist, between the same hours, for the grading and masonry of so much of the Cincinnati, Hamilton. and Dayton Railroad as lies between the point at which the two turnpike rouds unite immediately below Hamilton, and the point at which the line of the road crosses the road to Lockland.
"The work will be staked off in sections of proper length, and specifications prepared for examination on the 20th of April. The engineer will be on the line to give such ex- płanations as bidders may desire, and the undersigned will be in attendance on the days above mentioned for the pur- pose of giving such information as may be required in rela- tion to the terms and conditions of the contracts.
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