USA > Ohio > Adams County > A history of Adams County, Ohio, from its earliest settlement to the present time, including character sketches of the prominent persons identified with the first century of the country's growth > Part 48
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Sheriff Greene N. McMannis learned that on a certain night a mob would come from Winchester and vicinity and take the prisoner from the jail. He gave out the word that the prisoner would be removed to Georgeton, but instead of going there, he drove overland to Portsmouth, and confined the prisoner in the jail at that place. In the meantime, the newly elected sheriff, Marion Dunlap, had been inducted into office, and it being near the time of the sitting of the grand jury, on the 10th of January, 1894, he brought Roscoe Parker from Portsmouth and con- fined him in the West Union jail. That very night a large mob over- powered the sheriff and his deputy, James McKee, hammered down the doors of the old jail, and removed Roscoe Parker to the vicinity of his home and hanged him to the limb of a tree.
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Parker fought in his cell like an infuriated beast, and disfigured the countenances of several of the mob before he was overpowered. It was a stinging cold night, and he was driven in his underclothes, from West Union to a point a half mile beyond North Liberty toward Winchester, a distance of ten miles, where he was hanged, yet it is said he perspired as in the heat of summer, such was his mental agony. He was swung up twice and then let down, in hope that he would make a confession, but he refused. He was sullen and stolidly met his fate. On the morning of the 11th of January, the body of Roscoe Parker, riddled with bullets, was discovered hanging from the limb of an ash tree that stands in the corner of a piece of woodland just on the right of the Win- chester pike, just across the little wooden bridge beyond North Liberty. The curious have about stripped the tree of its branches.
After an inquest had been held by Coroner Robe, there was much dispute among the authorities as to the disposition of the body, but finally on the 13th, it was buried in the northwest corner of the old cemetery at Cherry Fork. It was probably exhumed that night by medical students, and it is said Parker's cranium is in the possession of a well known physician of Adams County.
The place where Roscoe Parker was hanged is almost directly opposite the old Patton homestead at a point where a path from the colored settlement northeast of North Liberty leads down to the pike to Winchester. Before daylight on the morning of the lynching of Parker, old Leonard Johnson, a former slave, ignorant and super- stitious, who does chores for the villagers of North Liberty, came from his home in "the settlement" along this path and passed directly under the body of Roscoe Parker hanging from a limb above. A grain sack that had been placed over Parker's head by the mob lay in the path beneath his lifeless body, and Johnson picked this up and carried it to North Liberty before he learned of the lynching of Parker and the pur- pose for which the sack had been used. Then he feared the dreaded "hoodoo," and never since has he traveled that portion of the path to his home. And the other persons of "the settlement" no longer climb the fence at the bridge and take the path through Patton's woods, but very prudently avoid the "hoodoo" by traveling the public highway, and in the daytime.
TREASON TRIAL IN OHIO. By JAMES H. THOMPSON, Hillsboro, O. ยท
Edward L. Hughes, the defendant, was an Irishman, of large size and great bodily strength, of marked character in his mental and normal endowments, characterized by bravery and common sense, and self-con- fidence in his control over men, and who, after a long experience in contracts and jobs on the public works of Ohio, had settled down and purchased a valuable farm near Locust Grove, in Adams County, Ohio, on which he had resided for many years, and brought up a large and highly respected family, and which homestead was well stocked at the time of John Morgan's raid, with good horses.
The news of the approach of the invaders, having carried on the wings of the wind eastward to the neighborhood of the accused, he af- fected great indifference, on the ground that, being a man of high repute
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and a warm opponent of the war, his property would not be disturbed; but on the morning of the 16th of July, 1863, John Morgan and his hosts were heard in the distance moving northward from Jacktown over the old Limestone road, and suddenly they arrived and halted at Locust Grove for breakfast, and while the General and his soldiers were enjoying all the good things prepared by the frightened people for their repast, the squad of scouts constantly out by the orders of Basil Duke as the wings of a bird, closed in also to the main body for lunch, and along with the detachment they led two very fine horses, the property of Mr. Hughes. He made an appeal to Gen. Morgan for the return of his horses; but he soon found out that the General was no respecter of persons in an enemy's country, and thereupon he instantly concluded he would join in and pilot Morgan, and thereby induce him to give up his horses. Accordingly Hughes installed himself as one of the command- ers'chief of staff, and from his knowledge of the country, became Gen- eral Morgan's efficient aid-de-camp, and led the front van down Sunfish Valley, across the Scioto River, through Piketon on to Jackson Court House, where becoming boisterous and unruly from drink, he was cashiered by his high captain and left to the mercy of the enraged pop- ulace and the pursuers of Morgan under General Hobson, who, coming up in close pursuit, had Hughes arrested for treason, and immediately sent to the jail of Hamilton County. Ohio, there to await an examina- tion by the proper authorities, into the charge for the high crime.
The son and the son-in-law of Mr. Hughes hearing that he was im- prisoned in Cincinnati, visited me at once and retained me as his long- trusted counsel, without any stipulated fee, to extricate him from his peril of apprehended loss of life by the civil tribunals or a military court- martial, and immediately I went to Cincinnati and visited the prisoner in the jail.
As soon as we met. he, realizing his situation, exclaimed: "Thomp- son, I am in a bad fix-likely to be hung for the loss of two horses, and this all my crime. You know all I wanted was to get my horses back, and that d-d rebel has taken them and left me to suffer the possible forfeiture of life and property." I calmed him down by the statement that the chances of the future were in every man's favor, and the un- certainties of the law were the dew-drops of mercy in behalf of a criminal; and that he must stand up manfully, and when I had heard the witnesses as he knew we might possibly find out some way of escape.
Immediately after this consultation, the prisoner was brought out before Hugh Carey, U. S. Commissioner, for an examination into the charge, and the testimony of the witnesses of the government having been partially heard, the case was continued for further examination until August 27, 1863, and the accused was admitted to bail for his ap- pearance at that time.
On the partial examination, one Mike Nessler was examined as a witness in behalf of the government, and as his testimony is a sample of what was expected to be proved, I give it from memory, after a lapse of twenty years, accurately as if on yesterday it had been heard, because of its indelible impression on my memory, then heated by my anxious attention.
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Uncle Mike Nessler as the whole bar of this region of country called him, was a facetious, kind hearted, thrifty old German landlord, whose pleasant, varied and patient manners had been moulded and finished by his long association with and his attention to the distinguished mem- bers of the bar of Jackson, Portsmouth and Chillicothe, and occasionally others from the country around who attended the courts at Piketon; and he also was gifted with a twinkling eye, beaming from a jolly face,and a tongue with pleasant, soft speech; and, thus eminently qualified, he kept the chief tavern in the center of that village at the interesction of its main streets, in a large two story frame house, with its porches over the pavement, which was always stored with good things to eat and good liquors to cheer, and Hughes knew it. The commissioner asked Mr. Nessler to tell him what he knew about the charges against the prisoner for piloting John Morgan and his army through the country.
"Vell, I was just standing in the front door of my tavern in Piketon, looking out for Gen. 'Morgan, who was coming, as our scouts said, and I sees a man whooping and galloping down the street, and he never stop until he was on my pavement with his horse's head inside my front door, and then he hollow out: 'Surrender, you d-d old Hessian!' Says I, 'Who is you, Ned Hughes?' 'I'll let you know I am Major Ned Hughes, chief aid of Gen. John Morgan, who has been installed Gov- ernor of Ohio, and is now crossing the Scioto River and commands to have your house prepared for his headquarters during his tarry in your village. So unlock your cellar, roll out your barrels of the best, get him a splendid dinner, open up your parlors, send after mint and ice, call all the servants and have julips ready for him and his staff, count out all your money on his table, and if you are lively, I will try to keep him from carrying you a prisoner of war into the Confederate States." Says I, 'Anything more?' and just as I said them words, here they come in a cloud of dust, and a tall, fine-looking fellow on a sorrel mare, and a little man on a bay, ride up to my house and light on my pavement ; and Ned Hughes ran up to them, catching me by the arm and dragging me along and say: 'Governor Morgan, this is Mr. Nessler, the landlord, who has his orders and will have all things ready.' He then turn me 'round and say: Mr. Nessler, this is Mr. Basil Duke, the immortal Captain of cavalry!' Says I, with a bow and a smile, and a big lie on my lips, "Governor Morgan, you and Captain Duke are heartily welcome to my house. I am honored by your call, and will serve your every order. Please walk into my parlor as your headquarters, and order.' 'As we walked in, the governor said he would take a little something, and having seated them, I hurried out and come back with ice and mint, and the best in the cellar, and say: 'Merry times to you gentlemen. Will you have your dinner in the judge's room, or in the public dining room?" And one of the aids say: 'Dinner for the governor and his staff in private, and let that Hughes shift with the boys.' And I tell you he was shifting like a lord in tapping my barrels and handing 'round the drinks to the boys. Call me here, call there, call me everywhere. I say to myself: 'Biggest court day I ever see :' but I takes care that the governor and his party are served the best beef, chicken and pie, and didn't care for anybody else, but the old woman say that she fed all that called, with Major Hughes at the head of the table. After dinner the
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governor say to me: 'Is this fellow Hughes to be trusted?' 'Oh, yes,' say I, 'he is on your side and one of your best friends. I tell you the truth.' 'I believe you, old man,' says that little Basil Devil-you call Basil Duke-and he says: 'You shall not be hurt, old man, and we will remember your tavern and call again when in these parts.' "Thank you,' says I, 'and I hope next time to be better prepared.'
"And with that I goes out into the back yard, and as I passed along one young fellow says to me: "This chap talking to me wants to pull up all the old Dutchman's cabbage, and throw them around for fun; but as all the wine, beer, and whiskey about the house is drunk up, I tell him if you will give us your private bottle he shall not do it.' Says I, 'Go around the chimney corner there, and I fetch him.' I run in the house and turn up the bed tick of the old woman's bed, draw out my quart bottle, and take it to the young chaps. They takes what they called a stirrup drink, makes me take a taste, then they jumps over the fence, mounts their horses, sounds the bugle, and I hear Major Hughes parading and hallooing up and down the streets, "To arms, boys, to arms! and now for Jackson Court House!' And away they all go over the hill, and them two young chaps with my bottle. But I fool 'em already. All my money was hid around under the cabbages in the patch, and I find him all right when they left, and hand the bags to the old woman, and this is all I know about Ned Hughes."
Cross-examined-"Was Mr. Hughes drunk?"
"No; not when he came, but he rode away with from a quart to a half gallon of my whiskey under his sword belt, with his sword in hand as big as a general, and you can judge."
"Nothing more, Mr. Nessler."
After the continuance, Mr. Hughes, his bail, and other friends, with myself, boarded the train for Hillsboro, through which travel leads to Locust Grove, and on the way held a consultation and made out a list of our witnesses, and all ageed to be present again on the twenty- seventh of August next ensuing, then and there to hear what further the government would prove, and to determine on our future policy.
That day afterwards came and went, but not the accused. He had taken his own defense, without my knowledge or consent, into his own hands, assisted by his feet, and having conveyed all his property to his bail to indemnify them (in the interim), he had fled the country and taken up his abode at Montreal, under Queen Victoria's flag.
On the receipt of the information I indulged for the first time since the continuance in sound sleep, and did not think or care for old Mike Nessler, or the constant nightmare of his testimony. But my rest was soon afterwards disturbed by the call of his only son, who informed me that it had become so hot around his father's, at Locust Grove, that he had concluded it was safer to seek a colder climate, and that all his property was left in my care to do the best I could for my protection, and that of his bail and family, against all confiscation proceedings. Not appearing, the bail bond was forfeited by the commissioner, and thus matters rested until the October term, 1863, when suit was commenced to recover the amount of the forfeited bail bond, and the witnesses hav- ing been summoned and sworn and sent before the grand jury, and by them examined, an indictment for treason against Edward L. Hughes
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was found and returned into court at that term with two counts. And so in October, 1863, I found myself confronted with a suit on the bail bond, threatened proceedings for confiscation of property, and this for- midable indictment pending against my client, a fugitive from justice, and bitter excitement against him in all the belt of country through which John Morgan's army had passed; without one ray of hope or light as to my future professional course in the case, although I sincerely be- lieved that the accused was not morally guilty of the crime charged against him.
I demurred to the declaration on the forfeited bail bond for various good reasons, and walked out of court in black darkness, why I could never tell. My whole duty had been performed, and my client, without my advice, having chosen his own mode of defense, and thereby, for the moment at least, having secured his life and liberty, I could not con- scientiously tell why I should fret so much, until one night Professional Fame, attired in glittering costume, appeared to me in a dream and said at my bed side: "You will win me still." And when I awakened in the morning I asked of the Goddess: "How?" No statutes, no forms of law, no teachings of books, could tell me, but some weeks there- after having passed away, on one bright winter day the mail brought the publication in one of the newspapers of the amnesty proclamation of President Lincoln, of December 8, 1863. I read it with general in- terest, then re-read it with special interest in its bearings on my case, and clasified the persons who could claim its benefits, and at last my dream changed into reality, and the thought flashed upon me that my friend Hughes could avail himself of the pardon by a plea in bar of puis dariem continuance, having carefully examined all the authori- ties, advised his friends of my convictions, and that they might write to him to come home, and if I did not acquit him, we would go to the gallows together and be hung from the same scaffold. After consider- able correspondence and explanation, Mr. Hughes, trusting to my opinion. returned to his home, and thereupon, on the first day of March, 1864, we appeared in open court and took and subscribed the oath re- quired in the proclamation, and filed the same in the court, and Judge Leavitt, holding the Circuit Court of the United States, than whom there was no purer or more patriotic minister of justice, and Mr. F. Ball, the district attorney, than whom there had been none more com- petent, seeing Hughes present in court, and hearing from me that he had come to rest under the shadow of the wing of the Presidents pro- claimed pardon or be hung, consented to set aside the forfeiture of the recognizance, and respite the same for our appearance at the October term, 1864. At this term we promptly appeared, after having been on good behavior and patriotic conduct during the spring and summer, and filed the ordinary plea of not guilty, and this novel and original special plea: (Being very lengthy, it is here omitted .- Ed.)
To this special plea, on which I had staked the liberty and life of my client, a demurrer was filed by the district attorney, and thereupon an animated argument was had, bristling throughout with vivid objec- tions as to whether the proclamation was to be construed as operating northo f Mason and Dixon's line, whether it was not merely the act of the president in his military capacity as commander-in-chief, and there-
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fore could not be intended to operate in civil proceedings; whether the accused before conviction could claim its benefits, and whether he was among the class of persons who were entitled to its protection; which, on being concluded, the judge very blandly remarked, "that inasmuch as Mr. Hughes had taken the oath of allegiance, and had in fact by sub- mitting himself to trial, showed a disposition to return to and assume the discharge of all his duties as a loyal citizen, he felt inclined to sug- gest to counsel to impart and agree to some liberal settlement," and thereupon after several imparlances under the sanction of the judge, it was agreed for the public peace, safety, and good example that the demurrer pro forma should be sustained, and that Mr. Hughes should give his own recognizance for future fidelity to the government, which he then and there did, and the record states : "Thereupon (on the twenty-first day of November, 1864,) came the attorney for the United States for the district on behalf of the plaintiff, and made known to the court that he is unwilling further to prosecute the indictment herein against said defendant. It is therefore considered by the court that as to said indictment said defendant go hence without day."
Thus terminated the treason trial Mr Hughes returned to his home, and lived many years the life of a patriotic citizen, and died sev- eral years past in the west.
The outcome of this memorable case as to fees and compensation for professional services rendered as stated on the quantum mercuit principle, will interest the profession, if the report of the case be of any interest. Being at the termination of the case engaged in agricultural pursuits, and being vigorously engaged in professional labors from the same motive which impelled the distinguished Ben Hardin, of Ken- tucky, after three score years and ten of age, to continue his practice, as he said to me when I remarked to him that I supposed he had accumu- lated enough to retire, "Why," he scornfully answered, "I have a farm, an old saw mill, and forty niggers, and I am compelled to work harder than I ever did in my life to pay expenses and support them all." Just so I was situated, except free labor was employed. Meeting Mr. Hughes one day (between whom and myself nothing had been said as to my fee), he addressed me: "I am told you are farming and have plenty of corn." "Yes, sir, that is my condition." "Well, I have seven mules, and if you will take them and square the docket between us, you may send after them. Feed them up awhile, and they will bring you $700." "Agreed," said I, and the mules were driven to my farm, fed until my fences would not keep them at home, and I sold them to an army contractor for the Potomac service, and the best and last ac- count I had of them was that they were in the battle of the Wilderness.
Anecdote of Judge Thurman.
"Colonel"William T. Moore, whose figure has been silhouetted thousands of times on the walls of the composing rooms of every news- paper office in West Union, since "way befoh the wah," relates with un- feigned pride the fact that he once drove Judge Allen G. Thurman, at that time a United States senator of Ohio, from West Union to Ports- mouth, via Cedar Mills, Wamsley, and Red Bridge, over the old Ports- mouth road, in landlord Crawford's carriage, drawn by the famous match
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black ponies "Doc" and "Pomp." It was in the campaign of 1879, and Judge Thurman had spoken at West Union, and had to meet an ap- pointment at Portsmouth, and the river being low and boats uncertain, he chose to make the trip overland. This was before the building of the C. P. & V. Railway through the county. After getting beyond Cedar Mills and beginning the descent to the valley of Turkey Creek, the judge spoke of the fact that at a certain point beyond there was a spring by the side of the road at which he desired to stop and get a drink of cool water. He seemed familiar with the country through which he passed from Cedar Mills to Bear Creek, and would frequently stop the carriage to view the country from advantageous points, and would comment on the beauty of the hills covered with forests in their gorgeous dress of an October day. Upon inquiry as to the source of his knowledge of this region, the judge said he had carried on horse- back from Chillicothe the tickets down into that region of country for the election in Jackson's campaign in 1832.
THE IRON INDUSTRY ..
The early land surveyors discovered iron ore in the region com- posing Adams County, and at its organization in September, 1797, one of the six townships into which the county was divided was named Iron Ridge. This township included the ore fields of the present territory of the county. But nothing was done in the manufacture of iron in these fields until about the year 1811, when our relations with Great Britain became such as to foreshadow war with that country. This greatly stimulated the iron industry in Pennsylvania and eastern Ohio, as elsewhere throughout the country, and set on foot the movement to work the ore in the Adams County fields. The first furnace built was what was called Brush Creek Furnace on Cedar Run, about two miles from its mouth, in what is now Jefferson Township, and at a point now known as Cedar Mills. This furnace was erected by Paul and McNichol in 1811. It was later operated by James Rodgers & Com- pany ; they were succeeded by the Brush Creek Furnace Company, and they by James T. Claypool & Company, who were succeeded by James K. Stewart & Company, the last operators of the furnace.
The second furnace erected was the old Steam Furnace, near the present village of Peebles, in what is now Meigs Township. It was erected by James Rodgers, Andrew Ellison, and the Pittsburg Steam Engine Company. This furnace was named "Steam Furnace" from the fact that up to that time the power to propel the machinery of fur- naces and forges west of the Alleghanies was derived from water by means of dams and races. The machinery of this furnace was propelled by means of a steam engine, and hence the name, Steam Furnace. In later years a man by the name of Benner became the proprietor of this furnace.
The third furnace was erected on the east fork of Ohio Brush Creek, south of the Great Serpent Mound, in what is now Bratton Township, and named the Marble Furnace, from the beautiful white limestone from which it was constructed. This was in the year 1816, and Governor Duncan McArthur and Thomas James, of Chillicothe, were the original poprietors. Henry Massie, the founder of the town
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of New Market, in Highland County, and a brother of General Nathan- iel Massie, was also interested in this furnace. There was a foundry at the Marble Furnace, and quite an extensive industry in connection with the furnace was carried on here until 1834, when the furnace and 1,200 acres of the furnace lands was purchased by Jacob Sommers, who abandoned the furnace in 1835.
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