Fifty years and over of Akron and Summit County : embellished by nearly six hundred engravings--portraits of pioneer settlers, prominent citizens, business, official and professional--ancient and modern views, etc.; nine-tenth's of a century of solid local history--pioneer incidents, interesting events--industrial, commercial, financial and educational progress, biographies, etc., Part 108

Author: Lane, Samuel A. (Samuel Alanson), 1815-1905
Publication date: 1892
Publisher: Akron, Ohio : Beacon Job Department
Number of Pages: 1228

USA > Ohio > Summit County > Akron > Fifty years and over of Akron and Summit County : embellished by nearly six hundred engravings--portraits of pioneer settlers, prominent citizens, business, official and professional--ancient and modern views, etc.; nine-tenth's of a century of solid local history--pioneer incidents, interesting events--industrial, commercial, financial and educational progress, biographies, etc. > Part 108

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SENTENCE, IMPRISONMENT, ETC.

got up I found blood on my cheek, and turning around to Whipple I said: ‘Whipple, * * * I'll settle with you for this some * other time.' My revolver was then in my pocket, but I never drew it till he came at me again."

Judge Tibbals-"No doubt your private life was, that of a peaceable, quiet man till you got into those domestic troubles out of which came a divorce and decree setting aside a certain sum to you. Then your troubles ought to have ended. You ought to have left your wife entirely alone-abandoned her. That decree settled the matter irrevocably, so that so far as visiting her was concerned, you had the same right as any man has to visit an unmarried woman, and you had a moral and social right to go there to see your children. But you had no right to go there and dictate to her concerning her associates or her conduct. You went there undoubtedly for a proper purpose; I assume nothing else.

"But I have no doubt that during the eight months after your divorce you suffered yourself to brood over your troubles. You then, in my judgment, deliberated on taking the life of those who" had caused them. Your purhase of a revolver, and the secrecy with which it was done, indicate that. The fact that the difficulty arose in a sudden quarrel, whether provoked by Whipple or not, and that then you decided to carry out your purpose, justified the jury in finding as they did, and I am thankful that the verdict is as it is. I feel like commending the jury for the manner in which they determined the issues arising in this case, carefully and con- siderately weighing all the evidence. I think the mistake arose, on your part, in thinking that a man can so enlarge upon the rights which the law gives him as to presume to take the life of another. It is something which cannot be tolerated."

Dunn .- "I want to say, Your Honor, that before the fatal shot, I had two chances to take Whipple's life, if I had wanted to; one when I met him at the door and the other when he first had ine down. I could easily have taken his life either time if I had wanted to."

Judge Tibbals .- "That is undoubtedly so. But I only want to say, further, that the community must stand squarely up to this principle, that only when one's life is in danger at the hands of another, is he justified in taking the life of another. There only remains to me now, the painful duty of imposing the penalty of the law, concerning which no discretion is left me. It is the sen- tence of this court, then, that you be taken hence to the jail of this county, and thence, within 30 days, to the penitentiary, and that you there be confined at hard labor during the term of your natural existence-no solitary confinement to be included in this sentence."

How DUNN LOOKED AT IT .- Dunn was one of the most docile and conscientiously obedient prisoners that, in his eight years experience as sheriff, the writer ever had in his keeping. Being thoroughly imbued with the idea that in killing Whipple he had acted purely in self-defense-the procurement of the revolver being solely for that purpose, in case Whipple, in his enmity, should ever, as he expressed it, "pitch onto him"-he very keenly felt what he believed to be the great injustice of his conviction. Contemplating the long and dreary imprisonment which the ver- dict irrevocably presaged, he at first gloomily asseverated that he

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would have preferred to have been hung, and was at times so despondent that the writer was somewhat fearful that he might attempt to take his own life.

But finally, on the suggestion of his friends, who of course knew nothing of the agreement of the jury, above stated, that after a few years of faithful service the governor might grant him a pardon, he became reconciled to his fate, and entered upon his long term of imprisonment, on the 10th day of July, 1879, with comparative cheerfulness.

DISPOSING OF HIS BELONGINGS .-- Before leaving for the pen- itentiary Dunn designated how his personal effects should be dis- posed of; presenting a pair of boots to one, sundry articles of clotlı- ing to another, his pocket knife to a third, of his tried and true friends, etc., also leaving suitable mementoes for his little girls, and lastly presenting the revolver with which the shooting was done, together with the fatal bullet, as well as the unexploded cartridges, to the writer, by whom it is still retained as a relic of the tragic event.

During his confinement in jail, sundry sums of money had been paid to him by those for whom he had worked, and others indebted to him, of which there remained, after settling with his attorneys, and others, the sum of $68 at the date of his incarcer- ation in the penitentiary. On the way to Columbus he inquired as to whether he would be permitted to keep the money on his own person. On being told that it would be placed to his credit on the prison books, subject to his order, he said he didn't know any- thing about "them fellows," but he did know me, and he would prefer to have me keep it for him, and he would write me fron time to time how to disburse it; it being his intention to use the most of it for the benefit of the little girl, Lotta. On arriving at the penitentiary, I accordingly gave him my receipt for the money, subject to his order, which receipt, together with his sol- dier's discharge papers, were duly deposited with the prison clerk.

A CHEEKY DEMAND .- The ex-wife of the life-convict-Catharine Jones-learning from some source that Dunn had deposited a sum of money with me for the benefit of Lotta, paid me a visit and insisted that as the court had made her the custodian of the child this money should be placed in her keeping also. I told her that I held it subject to Mr. Dunn's order, and if she would procure from him an order to that effect, I would pay it over to her, but not oth- erwise. The order never was presented. A little over a year later, however, after Dunn had become better acquainted with "them fellows," he ordered the money sent to the prison authorities to be placed to his credit on the books of that institution, which was accordingly done on the 29th day of October, 1880, my receipt to Dunn having been duly returned to me by Warden Noah Thomas; the disposition since made of said funds being to the writer unknown. The divorced wife-Catherine Jones-sold her farm to George Oscar Kidder in the spring of 1880 (it being now owned by Benja- min Payne) and the entire family removed to Cleveland, the son and oldest daughter having married, while the youngest daughter is reported to be developing into a bright and intelligent young lady, and though no stigma should attach to her by reason of the family infelicities of the parents, and the ignominous fate of the father, she is at times, doubtless, saddened by the recollection of

873

THE KILLING OF JOHN TEDROW BY THOMAS BROOK.

the fearful tragedy, of which, then but four years old, she was the only eye-witness.

DUNN'S PRISON RECORD .- On his first commitment, Dunn was assigned to the clothing department, where he was employed in keeping the uniforms of his fellow-convicts in repair, but whether he is still doing that comparatively light and easy work the writer is not advised, though a recent note from Warden E. G. Coffin, states that his record as to deportment is clear, no infractions, of the prison rules ever having been reported against him; and though now quite advanced in years (62), he still, doubtless, cher- ishes the hope of once more being permitted to breathe the air of freedom and again mingle with his many friends and acquaint- ances in Summit county.

THE BROOK-TEDROW HOMICIDE .- "Yellow Creek Basin,"-an ancient business emporium on the Ohio canal, in the township of Northampton, about six miles north'of Akron; afterwards for many years called "Niles," and upon the advent of the Valley railway, rechristened "Botzum"-was fully described earlier in this chapter, besides being often referred to in connection with the doings of sundry distinguished characters who in an early day did there and thereabouts abound. Though in recent years as peaceable and orderly as the average non-incorporated and non- policed hamlet upon the waterways and railway lines of the coun- try, the village of Botzum was the scene of a fatal tragedy on the night of October 27, 1882, a brief account of which will be in order here.

THE PARTIES TO THE AFFRAY .- Seth M. Thomas, a man in mid- dle life, was the keeper of a boarding house, or house of enter- tainment, in the original hotel building, on the east side of the canal, north of the road leading to the covered bridge across the river. Thomas Brook, an Englishman by birth, a single man 24 years of age, short of stature but strong of build, had been a resi- dent of the neighborhood some two or three years, making his home with his brother, Mr. John Brook, who, as tenant, was work- ing the farm of Mr. John Botzum, a short distance from the village; Thomas Brook also being the favored suitor for the hand of Miss Ellen Thomas, the 22 year old daughter of Mr. Seth M. Thomas, landlord of the hotel referred to.

· John Tedrow was a tall and muscular, dark colored mulatto, from 25 to 30 years of age, who had resided in the neighborhood some six or seven years, working wherever he could find employ- ment among the farmers of the vicinity. Tedrow was a good worker, and when sober was pleasant and well-liked by those who · employed him; but, unfortunately, he was addicted to drink, and when under the influence of liquor, was quite turbulent and quar- relsome. The Buckeye Band, a musical organization, composed of the young men of the village and vicinity, had its headquarters at the hotel, the band-room being upon the ground floor, directly under the ball-room in the second story.

BAND BENEHT DANCE .- On the night of Friday, October 27, 1882, the Buckeye Band gave a social dance at the hotel in ques- tion, which was participated in by some 15 or 20 couples of the young people of the neighborhood. During the afternoon Tedrow, with a white companion, had been to Akron, from whence he had returned on the evening train pretty hilarious, though not as yet

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AKRON AND SUMMIT COUNTY.

absolutely drunk or especially quarrelsome Eating supper at the hotel, they repaired to a neighboring saloon, where they continued to "imbibe" until after the dancing had begun at the hotel, when they returned thither, where Tedrow's drunken "pleasantnesses" began to manifest themselves in seizing hold of landlord Thomas, and roughly pushing and pulling him about; pushing or knock- ing Thomas Brook from the porch and falling upon him, soiling and tearing his coat, etc :; visiting the ball room and mak- ing use of considerable abusive, obscene and threatening language.

These demonstrations, though not especially resented at the time, were not at all relished by the victims of his abuse, and did not produce the most amiable feelings towards Tedrow. After he, with some three or four white boon companions, had again gone- to the saloon in question, Brook sent Charles Thomas, the 16 year old son of the landlord, to the ball room for Miss Ellen Thomas- and Miss Mabel Gray (a sister of his brother's wife) to come down to the kitchen and inend his coat, which had been so badly torn by Tedrow. On the completion of the job, the four-Brook, Ellen and Charles Thomas and Mabel Gray-again started for the ball- room. As they passed from the kitchen into the hall they heard a disturbance in the band-room. Surmising that Tedrow was again on the rampage, and saying to Ellen that he could not see her father hurt, Brook started through the wash-room towards the band-room to render such aid as might be needed by Mr. Thomas. Before reaching the band-room, however, Mr. Thomas opened the door and rushed out through the wash room, followed by Tedrow. The latter, on encountering Brook, seized him by the collar, with both hands, and commenced jerking him around. Seeing her lover menaced, Ellen Thomas rushed in between them, and placing a hand on each side of Tedrow's face, said: "Tedrow what do you mean ?- do you know where you are ?"

.While thus standing, Ellen Thomas between the two men, Tedrow received a severe blow upon the side of the head from an ax, felling him instantly to the floor, from the effect of which he- immediately expired.

DELIVERING HIMSELF UP .- This sad affair, occuring near the midnight hour, of course brought the festivities to an abrupt ter- mination. On becoming satisfied that Tedrow was really dead, Brook, accompanied by Thomas Lancaster, drove to Akron, and meeting Policeman David R. Bunn, on Market street, at about 3. o'clock Saturday morning, placed himself in the custody of that. officer. At Brook's request, officer Bunn took him to the residence of General A. C. Voris, on Fir street, and from thence, after a brief consultation with the General, he committed Brook to jail.

PRELIMINARY EXAMINATION .- The ax, with which the fatal blow was struck, belonged to Charles Thomas, and, as stated by him, was left as usual, the evening before, at the wood-pile, some 50 feet distant from the house, and the question was, by whom and for what purpose was it removed from the wood-pile to the wash- room, and so conveniently to hand at that particular moment. There being, at the coroner's inquest, held by Dr. B. B. Brashear, some testimony tending to show that Seth Thomas handed the ax to Brook, and that on rushing from the band-room with Tedrow in pursuit, he had rushed to the wood-pile, seized the ax, and return- ing to the wash room, just as his daughter had stepped in

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CONVICTION-TRIAL-SENTENCE-PAROLE, ETC.

between Tedrow and Brook, had placed the ax in the latter's hand, which he immediately used in the manner, and with the fatal result stated.

In view of this supposition, Prosecuting Attorney Charles Baird filed an affidavit before Mayor Samuel A. Lane, charging both Thomas Brook and Seth M. Thomas, with the killing, and the latter was accordingly arrested by Marshal William H. Ragg, and committed to jail to await the preliminary examination, which. was set for Saturday, November 4, at 9 o'clock A. M. The prelimi- nary trial lasted two days, a large number of witnesses being examined, resulting in the discharge of Seth M. Thomas and the · holding of Thomas Brook to the Court of Common Pleas, for the crime of murder, the mayor, in announcing his decision, remark- ing:

The history of this case is largely a repetition of the great majority of the homicides of the world, in that it is directly the result of the excessive use of intoxicating liquors, the evidence developing the fact that not only was the victini-naturally as amiable as men in general-rendered quarrel- some thereby, but that several, if not all, the actors and witnesses of the fearful tragedy (except the ladies) were more or less under their baleful influence.

TRIAL IN COMMON PLEAS .- At the January term of the Court of Common Pleas, 1883, Prosecuting Attorney Baird brought the matter before the grand jury, which, on a full and careful hearing of the evidence, returned a bill of indictment, charging Thomas Brook with murder in the second degree. To this indictment Brook entered a plea of not guilty. Governor Sidney Edgerton being assigned by the court to assist Prosecutor Baird, on behalf of the State, and Hon. J. A. Kohler assisting General A. C. Voris on the defense.

VERDICT, SENTENCE, ETC .- The trial, including the arguments of counsel and charge of Judge Tibbals, occupied three full days, the jury, after a short deliberation, rendering their verdict as follows: "We, the jury, do not find the defendant, Thomas Brook, guilty of murder in the second degree, as charged in the indictment, but we do find the said Thomas Brook guilty of manslaughter."

General Voris immediately filed a motion for a new trial for several alleged reasons, the principal of which was that the verdict was not warranted by the evidence. This motion, after being fully argued pro and con. by counsel, was overruled by Judge Tibbals, who immediately, in impressive language, especially animadverting on the folly and danger of indulging in intoxicat- ing liquors, the use of which, as developed by the' testimony, was directly the cause of the crime under consideration-sentenced the defendant to twelve years imprisonment in the penitentiary.

PAROLE, SUBSEQUENT LIFE, ETC .- Peaceable and quiet through- out, Brook was taken to Columbus on the 31st day of March, 1883, where he served the State faithfully, about three years, when he was released on parole by the prison managers, returning to his friends, near Cleveland, where he is now living a peaceable and industrious citizen; the young lady who so courageously attempted to avert the catastrophe, Miss Mary Ellen Thomas, having been married to Mr. Jacob Peach, on the 6th day of August, 1886, by Justice Henry W. Howe, of Ira.

CHAPTER XL.

THE COUNTERFEITERS OF THE CUYAHOGA-" DAN" AND "JIM " BROWN-WON- DERFUL LONGEVITY OF HENRY BROWN, THE FATHER-"JIM" STRUCK BY LIGHTNING-MERCHANT, HOTEL KEEPER, JUSTICE OF THE PEACE, ETC .- "FINANCIAL" OPERATIONS-MAMMOTH SCHEME-EXPEDITION TO CHINA COMES TO GRIEF-DEATH OF "DAN" BROWN IN PRISON-EXCITING TRIAL ' IN NEW ORLEANS - "JIM" ACQUITTED - A FAITHFUL WIFE - "JIM'S" REPUTED EQUESTRIAN EXPLOITS-OTHER MAMMOTH SCHEMES-CONVIC- TION, SENTENCE, NEW TRIAL, ACQUITTAL-OTHER "PERSECUTIONS"- "UNCLE SAM" GRAPPLES WITH HIM -IN THE "PEN" AT LAST - HEROIC CONDUCT-FREE PARDON-FROM BAD TO WORSE-WIFE SEEKS A DIVORCE -IN MICHIGAN PENITENTIARY - SUBSEQUENT ARRESTS - ACCIDENTAL DEATH, ETC .- " DAN" JUNIOR AND HIS REMAKABLE CAREER-WONDERFUL ROMANCE OF CRIME.

THE COUNTERFEITERS OF THE CUYAHOGA.

A WORK of this character would most certainly be very incom- plete without a pretty full history of the life and operations of our late fellow-citizen, James Brown, commonly known as "Jim" Brown, and incidentally something of his subordinates and lieutenants. And yet so much has been written and published by parties wholly unacquainted with Mr. Brown and his doings, and such extravagances of action and prowess have from time to time been attributed to him, that any one not personally cognizant of a good portion of his life and habits, and less familiar with the news- paper and official records of his time than the writer, would find it difficult to even approximate a truthful sketch of his remarkably wonderful career.

Indeed, by reason of the natural delicacy of his surviving rela- tives-all of the most respectable character-it has been difficult to secure such data as would insure perfect accuracy as to some of the particulars of his early life, though it is believed that sub- stantial, if not absolute, accuracy has been attained in regard to that portion of his operations, which has given to him world-wide renown as a " financier."

WONDERFUL LONGEVITY .- Henry Brown, the father, was born in Ireland, in 1733, emigrating to America sometime previous to the Revolutionary War, and settling in New York City. On the . breaking out of the war, between Great Britain and her colonies, Mr. Brown joined the patriot army, serving the entire seven years of the struggle. After the close of the war he settled in what is now Livingston county, N. Y., where he engaged in farming, and where he was soon afterwards married. Here his two sons, Daniel and James, were born, the former in 1788, and the latter in 1800. In 1802, the family removed to Ohio, settling upon a farm about one and-a-half miles below the present city of Youngstown. In the Fall of 1808, Mr. Brown traded his Youngstown farm with Judge Jared Kirtland, of that place, for 640 acres of wild land on

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PROSTRATED BY LIGHTNING.

the west side of the Cuyahoga river, a little below the present village of Boston. Here Mr. Brown continued to reside until his death, October 17, 1837, at the extraordinary age of 104 years.

THE BROTHERS-"DAN" AND "JIM."-Daniel Brown (father of our present well-known fellow-citizen, Hiram H. Brown), then 20 years old, remained one Winter with Judge Kirtland, attending school at Youngstown, the next Spring following the family to Boston, where for several years he worked upon his father's farm. He enlisted as a soldier in the War of 1812, and at the close of the war was married to Miss Laura Wood, of Hudson.

The younger brother, James, also grew to manhood upon his father's farm, and, so far as can be learned, was as faithful and industrious as farmers' sons in general, though reputed to have been extremely fond of the rude sports in vogue at that early day, and is said to have been remarkably athletic, and one of the very best, if not the champion wrestler of the neighborhood. In the Fall of 1819, he was married to Miss Lucy Mather, daughter of Watrous Mather, then living in Boston, but in later years a resi- dent of Akron. Both of the brothers only had such educational advantages as the semi-occasional schools of that period afforded. Both were apt scholars, however, which, with their more than ordinary natural ability, placed them in the first rank for intelli- gence among the young nien of Ohio, and both soon sought other employment than farming.

In the middle twenties Daniel and his wife removed to Cincin- nati and embarked in trade, afterwards, for some years, keeping a store at Lawrenceburg, Ind., though making frequent visits to his old home in Boston. Later he engaged in trading upon the Ohio and Mississippi rivers, between Pittsburg and New Orleans, inter- spersed with occasional trips to the Eastern States, over the mountains, with droves of horses; his last venture of that nature being with a drove of 90 horses, gathered up in this neighborhood, with which he started from Boston in February, 1831.

PROSTRATED BY LIGHTNING .- After his marriage, in 1819, the younger brother, James, then not quite 20 years of age, built for himself a house upon a portion of his father's farm, on the west side of the river, a little below the present Boston bridge. Here, too, in 1825 or 1826, James built a two-story frame store-house, and, with one William G. Taylor, of Cleveland, embarked in trade, with a stock of $1,200 or $1,500 worth of general merchandise; also keep- ing a tavern in the same building. Some two or three years later, the remnant of this stock of goods was sold to his brother-in-law, the late William T. Mather, and Brown removed the building, bodily, across the bridge to the east side of the river, and hand- somely refitted it as a hotel, which he afterwards presided over as landlord for several years.

While sitting in his door one day when a terrible thunder- storm was approaching' (but whether before or after his removal across the river, recollections differ) he was struck by lightning and nearly every particle of his clothing, even to his boots and stockings, was stripped from his person, literally torn into shreds. He was prostrated by the stroke, and for a considerable time remained insensible, but was finally restored to consciousness, and ' his usual health and vigor, with no permanent marks of the fear- ful visitation remaining upon his person. It was said that he was

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wont to boast, in referring to this incident, that no live man could lay him upon his back as quick as the Almighty did. This tat- tered suit is still kept (or was a few years ago), as a memento of the dread visitation, by members of the family.

PERSONAL APPEARANCE, ETC .- Never having met the elder brother, "Dan," the writer cannot personally describe him, but he is represented as having been singularly good looking, and of extremely pleasing manners, and, for those times remarkable for sobriety and correct personal habits. "Jim," in his early prime, though not remarkably handsome of feature, possessed a pleasant countenance, which, with the mildness of his voice, and the geniality of his conversation, rendered him a most captivating companion. He was, in stature, about six feet and two inches, straight as an arrow, with rather a dark complexion, black or very dark brown hair and black, deep-set penetrating eyes. Though not corpulent, his frame was well proportioned to his great height, giving him a personal presence that would attract attention in any company. And, considering the universal use of intoxicants in those early times, and his traffic therein as merchant and inn- keeper, his own early habits in that regard were remarkably cor- rect, while his business and social life was at that time of more than the average purity.

THEIR "FINANCIAL" OPERATIONS .- Just when, and by whom, the two brothers were first initiated into the mystic art of illicit financiering, can now only be conjectured. But certain it is that, coincident with the opening of the Ohio canal in 1827, there was in existence an extensive organization for the manufacture of, and dealing in, counterfeit money along the entire length, with its headquarters in the Cuyahoga Valley, with the two Browns, as its leaders. Their principal coadjutors, in this vicinity, were Wil- liam G. Taylor, of Cleveland, Abraham S. Holmes and Col. Wil- liam Ashley, of Boston; William Latta, of Bath; Jonathan De Courcey and Thomas Johnson, of Norton; and Joshua King and Joel Keeler, of Portage; with quite a large army of subordinate officers and privates as detailed in an earlier chapter of this series. Let it be understood, here, that so far as known, neither of the brothers indulged in peddling or passing spurious money them- selves; their province being to devise, plan, and direct; to select the institutions on which to "experiment," and to distribute, in a wholesale way, the products of those experiments.

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Author: Lane, Samuel A. (Samuel Alanson), 1815-1905 Publication date: 1892 Publisher: Akron, Ohio : Beacon Job Department Number of Pages: 1228

Author: Lane, Samuel A. (Samuel Alanson), 1815-1905
Publication date: 1892
Publisher: Akron, Ohio : Beacon Job Department
Number of Pages: 1228