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 114

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 114

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THE CONCLUSION .- It was believed that the father, having himself been acquitted of the crime, and therefore not liable. under the law, to be again put in jeopardy for the offense, would, upon the trial of the son, swear that he (the father) had alone committed the deed. But this the old gentleman perempto- rily declined to do, declaring that he could not add the crime of perjury to the mountain of sorrow then resting upon him. This, and the expression he used, on first meeting David, after their arrest: "David, you dog! See what you have brought us all to !" together with his apparently sincere manifestations of grief over the terrible event, was conclusive to the family, and their best informed neighbors, that the old gentleman was entirely guiltless of any complicity in the affair; though there are people to this day who fully believe that Samuel McKisson was the real murderer, and that David was a victim of untoward circumstances, and used simply as a scapegoat to suffer the penalty due to his aged father. But though convicted upon circumstantial evidence, and in spite of the declaration of the murdered woman, and the positive testi- mony of the daughter, the only eye-witness of the tragedy, to the contrary, and notwithstanding his asseverations of his innocence to the very last moment of his life, there was no doubt in the minds of the court and jury, or the general public, in regard to the guilt of the doomed young man, the righteousness of the verdict, or the justice of his fate.

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THE SECRET OF HIS PERSISTENT DENIAL.

It was afterwards learned that his bold and persistent denial of his guilt, in the very face of death, instead of making a full con- fession thereof, was probably inspired by the expectation of a repreive at the very last moment, as he had been made to believe, by "Col." William Ashley, then in jail awaiting trial for counter- feiting, as elsewhere related, that a commutation of his sentence to imprisonment for life was already in the hands of the sheriff, and that if he asserted his innocence to the last the execution would be stayed. Thus ended one of the most fearful and thrilling, of the many thrilling tragedies that have been enacted within the present limits of Summit county; not only producing the greatest excitement throughout the entire vicinity, but the denouement of which, from the intense coldness of the day, created a permanent data for comparison of the weather, for many years, and with some, even to the present time, a very common expression being: "This is the coldest day I have experienced since McKisson was hung."

CHAPTER XLIII.

NORTON-AN EVENTFUL HISTORY-ORIGIN, NAME, EARLY SETTLEMENT, ETC .- GROWTH AND POPULATION-BUSINESS CENTERS, INDUSTRIES, ETC .- "QUEER" TAVERN KEEPERS, EARLY CROOKEDNESS, ETC .- REMARKABLE. REFORMA- TION-LUNATIC GROCERY KEEPER'S MAD PRANKS-SHOOTS AND WOUNDS TWO MEN-INMATE OF COUNTY INFIRMARY FOR OVER THIRTY YEARS- POSTMASTER SHOOTS AND INSTANTLY KILLS A BURGLAR-GREAT EXCITE- MENT OVER MISSING CHILD-NORTON IN WAR AND NORTON IN PEACE-THE MCLISTER-WELSH HOMICIDE-TRIAL, CONVICTION, SENTENCE AND IMPRIS- ONMENT OF MCLISTER, PARDON, ETC.

ORIGIN, NAME, ETC. .

"HE township of Norton, originally designated as township 1, T range 12, was, like Copley, at first officially associated with Wadsworth, Sharon, Guilford and Montville, under the general name of "Wolf Creek Trownship," being organized as a separate township in April, 1818. The township derived its name from its principal Connecticut proprietor, Birdsey Norton, who, however, never resided therein. It is bounded north by Copley, east by Coventry, south by Franklin and Chippewa and west by Wads- worth, and is one of the southern-most townships of the Western Reserve.

The first settler in the township is said to have been James Robinson, from Oswego county, N. Y., who, in 1810, located upon lot 19, on Wolf Creek, in the northeast portion of the township, since known as the Sylvester Van Hyning farm. The friends of Mr. John,Cahow, a native of Maryland, claim for him the honor of being Norton's first settler, his cabin also being erected in 1810, upon lot 20, half a mile east of Robinson's, where, both before and during the War of 1812, he furnished "entertainment for man and beast," the first tavern, probably, west of Middlebury in what is now Summit county.

In 1814, James Robinson was married to Lois Bates, by Simeon Prior, Esq., of Northampton, a year later removing to the latter named township, but soon afterwards returning to Norton, settling near New Portage, where he subsequently died.

Very little progress was made in the settlement of the town- ship until after the close of the War of 1812, in 1815. Then there was a rush, so that on the organization of the the township, in 1818, it must have numbered some 25 or 30 voters. The names of all the early settlers cannot now be given, but among them, besides James Robinson and John Callow, already noted, may be mentioned Henry and Abraham Van Hyning, Joseph Holmes, Elisha Hins- dale, Ezra Way, Joseph D. Humphrey, Charles Lyon, Philemon Kirkum, Seth Lucas, Charles Miller, John O'Brien and Nathan and Lyman Bates. Henry Van Hyning died December 25, 1839, aged 102 years.

The first marriage in the township, as above indicated, was James Robinson and Lois Bates; the first birth, a child of Lyman

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PIONEER EXPERIENCES, HARDSHIPS, ETC.

Bates; the first death, a daughter of John O'Brien, the dates of the two latter events not now remembered.

At the first election, April, 1818, Abraham Van Hyning, Charles Lyon and Ezra Way were chosen trustees; Joseph D. Humphrey, township clerk; Joseph Holmes, Elisha Hinsdale and John Cahow, supervisors; and Henry Van Hyning, Sr., justice of the peace.

The Indians had nearly all vacated the township before white settlement fairly began, so that very little, if any, traditionary lore in regard to encounters with the red-skins has been handed down. Nor are there any very serious reminiscent tales of deadly encounters between the early settlers and wild beasts now extant among the people, though the forests of the township, particularly the jungles of Wolf Creek, and contiguous swamps, were then quite largely infested with wolves, bears and other similar game, it being related that Henry Van Hyning, Jr., and the Bates broth- ers once killed a bear a short distance southeast of what is now known as Loyal Oak, which, when dressed, weighed some 500 pounds.

NATHAN SEIBERLING,-born in Lynn, Northampton county, Pennsylvania, April 14, 1810; boyhood spent on farm, and learning shoe- making with his father; with less than a year's schooling, by close per- sonal application, he acquired a fair business education ; was married Deceniber 6, 1829, to Catharine Peter, born June 27, 1811; in June, 1831, removed to Norton, Ohio, purchasing 96 acres of uncultivated land, devot- ing his days to clearing and improv- ing his farm, and his evenings to his trade, often working late into the night, in making and mending shoes for his neighbors, splitting and whit- tling out his pegs by hand. Prosperity attended his labors, and as the years passed by, hundreds of acres and large blocks of bonds and stocks were added to his possessions, enabling him to very materially aid his enter- prising sous, whose manufacturing successes will be found chronicled elsewhere. Fifteen children were born to Mr. and Mrs. Seiberling, eleven of whom are still living. Though a stanch Republican, living in a continuously Democratic town- ship, he was elected justice of tlie peace, and his services were other- wise often called into requisition in the management of the affairs of the

NATHAN SEIBERLING.

township. Mr. and Mrs. Seiberling were for over sixty years members of the Lutheran Church, of which organization the entire family are members. His death occurred Nov- ember 4, 1889, at the age of 79 years, 6 months and 20 days, his aged com- panion surviving him.

The story of the incessant toil, patient self-denial, privation and frequent suffering incident to pioneer life-the low price of farm produce, the higli price of all kinds of merchandise, and the scarcity of money, have too often been told to need repetition here. But it is gratifying to know that amid all their trials, hardships and enforced strict economy, there was always a cheerful good- nature, a genial helpfulness and an unstinted hospitality, in the intercourse of neighbor with neighbor, and an especially warm

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welcome extended to every new-comer, and to the stranger tem- porarily domiciled among them.

Though getting a later start than most of its neighbors, Nor- ton was, in point of topography and soil, so desirable a location that it soon caught up with the most, and surpassed some, of the townships of the vicinage, in point of population, enterprise and wealth.

The center of the township, though handsomely located, has never hardly arrived at the dignity of a village, some three or four dwellings, a small public house, graded schools and a portion of the time a store and a postoffice, constituting the entire hamlet, with the addition, in later years, of a substantial two-story frame edifice, 28 x60 feet, with rear basement, for the use of "Sum- mit Grange of Patrons of Husbandry," composed of the very best farmers of Norton and surrounding townships, and one of the most successful and influential local granges in the State.

A mile and a half to the northward, is the village of Loyal Oak, originally called Bates' Corners, with its hotel (sometimes two) store, two fine churches, school house, with, at times, various industries, such as blacksmithing, tanning, milling, tin-smithing, harness-making, etc. About the same distance southward is Johnson's Corners, very similar in its church, school, hotel, store and mechanical appointments to those of Bates' Corners, with about the same show of business and population.

On the west line of the township (and county) is the village of Western Star, originally called Griswold's Corners, after several stalwart enterprising brothers who established themselves in business there, in the latter twenties, though Mills, Cullen and Ezekiel Richards had settled near the corners several years before. Its present name is in honor of Nathan Starr, of Con- necticut, the original owner of the land at that point. Mr. Starr and his wife, Grace T. Starr, on the 7th day of November, 1844, donated and deeded in trust one acre of land for educational pur- poses, with the proviso that said trustees "erect on said lot a suitable building for a seminary building, and keep the same in good repair at all times, otherwise the land to revert to the original owners."

Western Star was incorporated and organized as a village in 1842, with mayor, marshal and other village officers, having in later years adopted the graded school system, the seminary build- ing being used for the higher grades of the system. The village also maintains one church (United Brethren), a hotel, one or two stores, and various mechanics' shops, the business and population being about equal on either side of the line, the number of inhabi- tants in the Norton portion of the corporation, as shown by the census of 1880, being 75, and by the census of 1890 given as 88.

New Portage, two and a half miles east of the Center, on the line between Norton and Coventry, has been already pretty fully described in the sketch of the latter township, the most of the present business of the village-railroad station, store, postoffice, strawboard works, church, etc., being upon the Norton side of the line. Since the above was first published, in 1888, new honors have come to Norton in the founding within her borders the new industrial city of Barberton, which is fully described further on in this work. There is also a small mining hamlet called Dennison

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NORTON'S EARLY INDUSTRIES.

in the western portion of the township, on the N. Y., P. & O. R. R. with postoffice (named Sherman), store, saloon, etc. Also, on the Wooster road, about two miles southwest of Johnson's Corners, upon the line between Summit and Wayne counties, is the hamlet of Hametown, so called from the fact that quite an extensive shop for the manufacture of hames was established there some forty or more years ago. Though that particular industry was long since relegated to other labor centers, Hametown, though having no postoffice, is quite a business point, with store, grocery, shoe shop, etc.

CHARLES MILLER,-born in Up- er Nazareth, Pennsylvania, November 29, 1815; raised on farm; education limited ; learned carpen- ter's trade; in 1838 came to Ohio, working at trade in Guilford, Medina county, returning to Pennsylvania in the Fall; in 1843 again came to Ohio, working at trade in Wayne county, finally settling on farm in Norton ; in 1857, engaged in selling farm imple- ments for C. M. Russell & Co., of Mas- sillon; in 1861, engaged in selling Excelsior reaping and mowing machines, manufactured by Mr. John F. Seiberling, at Doylestown ; in 1863, purchased a quarter interest in Mr. Seiberling's patents; in 1865, organ- ized Excelsior Mower and Reaper Company, of Akron, building exten- sive works opposite Union railroad depot; through business complica- tions and internal dissensions, com- pany made an assignment in 1875, Mr. Miller sinking $65,000 in stock, and several thousand dollars loaned the company; in 1879, in company with his sons, purchased the Mather- son chain works at Cuyahoga Falls, consolidating them with the Chevrier works, at Akron, previously pur- chased, afterwards adding the match making business to their works, in both departments building up an extensive and profitable business. Mr. Miller was married February, 1843, to Miss Hannah Bechtel, who

CHARLES MILLER.

bore him seven children-Emma E., now Mrs. Frank Reifsnider, of Akron; Henry D., of Tiffin ; Amanda M., wife of R. N. Kratz, of Mitchell, Dakota ; Harvey F., of Akron; Leon J., of Little Rock, Arkansas ; S. Samnel, of Akron, and Cora O., now Mrs. Charles Huntley, of Akron. Mr. Miller died December 9, 1886, aged 71 years and 10 days, Mrs. Miller dying March 11, 1887, aged 69 years.

It will thus be seen that though Norton is emphatically an . agricultural town, it has also, besides its extensive mining opera- tions, quite a large urban population, and considerable of a variety of mechanical and manufacturing industries. For many years Clark's mill, one mile east of Loyal Oak, on Wolf Creek, built by Mr. Carlos Clark in the early thirties, did an excellent business, until its destruction by fire in 1879. Still earlier, about 1830, Thomas Johnson built a grist mill on Hudson's run, at Johnson's Corners, which is still running, another similar mill, built by Mr. Johnson, some two or three years later, further down the stream, having gone into disuse many years ago. As many as ten or twelve saw-mills, probably, have been erected within the township at different times, most of which, whether profitable to their

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AKRON AND SUMMIT COUNTY.

owners or not, have been of very great convenience to the farmers, in converting their surplus timber into lumber for the construc- tion of their comfortable houses and magnificent bank barns.

EARLY "FINANCIAL" OPERATIONS .- In an early day Norton became quite seriously involved in the prevailing "crookedness " of the Cuyahoga and Tuscarawas valleys. Besides the operations of this character at New Portage and Wolf Creek Lock, already alluded to, Johnson's Corners was for many years a prominent point for the gathering together of the members of the brother- hood, and for the dispensation of the "queer." Thomas Johnson, somewhere in the middle twenties, built and kept the tavern upon the northeast corner, the same site now occupied by the fine new hotel of Mr. J. T. Price. This house was a well-known resort for the sporting gentry of that day, of which fraternity Johnson himself was understood to be in full fellowship, though of the strictest integrity in all his neighborhood dealings.

At length, in the Fall of 1833, Johnson got into "financial" difficulty in Portage county (Norton then being in Medina county), and was bound over to court by Justice George B. De Peyster, of Franklin Mills (now Kent), and at the October term of the court, 1833, was indicted for "bartering a counterfeit bank note," and entered into bonds in the sum of $1,000, with William Coolman, Jr., and William King (both hotel keepers at Ravenna) for his appearance at the March term, 1834, Lucius V. Bierce being the prosecuting attorney, and Gregory Powers officiating as counsel for the defendant. At the March term Johnson failed to appear and his bond was declared forfeited, the record showing that Coolman and King each paid $250, the other $500 being remitted by the County Commissioners. Johnson remained in hiding for a short time, when, through the intercession of Mr. Charles Miller, father of Norton's present well-known and highly respected citizen, Cyrus Miller, Esq., the authorities dropped the matter against Johnson, on account of valuable information given by him in regard to the operations of the gang, and of his solemn promise to sever his connection therewith. From that time until his death, March 13, 1836, at the age of 45 years, Johnson led a strictly upright life, and is said to have been a class-leader in the Metho- dist society organized at the Corners, a year or so previous to his death. Johnson left quite a handsome property, his widow, Mrs. Elizabeth Johnson, an energetic and most estimable woman, afterwards being married to the late Joshua F. Shaw, Esq., father of Mr. Merwin Shaw, still an influential resident of the village.

Jonathan DeCourcey was another of Norton's early crooked financiers, and was the builder and keeper of the brick tavern on the southwest corner of the Clinton and Wooster roads, which is still standing. De Courcey was far less enterprising and indus- trious, but vastly shrewder and more unscrupulous in his illicit monetary transactions, than Johnson, but, in the latter thirties, he, too, lost his grip, and in 1840, being under indictment in Medina county; he forfeited his bond and fled the country, as is more fully set forth in another chapter devoted to the operations of the counterfeiters of the Cuyahoga.

NORTON'S LUNATIC MERCHANT .- From about 1854 to 1860, one William Pierce, was the owner and keeper of the canal grocery store at Wolf Creek Lock, a mile or so south of New Portage.

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NORTON'S. LUNATIC MERCHANT.

Pierce, then about 25 years of age, was a sober, shrewd, money- making fellow, and, keeping a good stock of boatmen's supplies, soon built up a profitable trade, and rapidly accumulated property. After two or three years, however, Pierce became quite irritable, and strongly inclined to quarrel with his customers, especially if any fault was found with the quality or prices of his goods, and soon came to be regarded as a little "off" in his mind, though still attentive to business, and as sharp at a bargain as ever.

Nothing serious resulted from his aberration until about the first of August, 1857, when, having had some words with a boat captain by the name of Hugh Kelly, he deliberately fired his revolver from his grocery door, at the Captain, just as he was about to step from the lock on to his boat, the ball taking effect in the tendons of the heel, and also striking and slightly wounding the Captain's son.

Pierce was arrested and put under bonds to answer to the Court of Common Pleas, on the charge of shooting with intent to kill; Captain Kelly also commenced civil suit against him for personal damages in the sum of $3,000 for himself, and $1,000 for his son. On investigation, the Grand Jury failed to find a bill against him on the ground of insanity, the civil suit, at the March term, 1858, resulting in a verdict for the plaintiff, in the sum of $254.00 damages, and the costs, amounting to $39.00 more. The shooting was admitted, but defendant's council, General A. C. Voris, urged the insanity of his client, if not as a vindication of the act, at least in mitigation of damages. Pierce was greatly exasperated at this, and vehemently berated Voris, in open court, claiming that in shooting Captain Kelly he was only defending his rights.

Immediately on the announcement of the judgment, by Judge Carpenter, in accordance with the verdict of the jury, Pierce went to his grocery, at Wolf Creek Lock, and placing the amount of damages and costs ($293.00) in gold and silver coin, in a small canvas bag, returned in the afternoon, and, in the midst of another trial then on, walked up to the Judges' desk, dumped the contents of the bag upon the desk, and told the Judge to count it and see if it was all right. It was with considerable difficulty that Judge Carpenter made him comprehend that Clerk Green was the proper officer to pay the money to, Pierce insisting that, as the Judge had rendered the judgment against him, he was bound to count the money to see if it was all right.

Notwithstanding the finding of the Grand Jury that Pierce was insane, no steps were taken towards sending him to the Insane Asylum, and he contined to carry on his grocery business, with his customary diligence, at Wolf Creek Lock. Though still giving frequent manifestations of mental unsoundness, nothing serious happened for about two years, when another, and this time nearly fatal, shooting affair occurred substantially as follows :

Joshua F. Shaw, Esq., of Johnson's corners, had a piece of land adjoining the premises owned by Pierce. Some difference arising as to the division line, Mr. Shaw, on Saturday, March 17, 1860, stepped into the grocery to consult with Pierce in regard to employing the county surveyor to run out the line. Pierce objected on account of the expense, and Mr. Shaw, pleasantly remarking that he would foot the bill, started to go out. As he reached the door the report

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AKRON AND SUMMIT COUNTY.

of a pistol rang through the grocery, the ball striking Mr. Shaw on the lower back portion of the skull, glancing around under the skin and coming out at the upper part of the right ear.

The affair created the most intense excitement in the neighbor- hood, and Pierce was immediately apprehended, by Constable Merrick Burton, of Akron, and taken before Justice William L. Clarke, of Akron, who, on hearing, committed him to jail to answer to the Court of Common Pleas, to the charge of shooting with intent to kill.

At the May term of the court, the Grand Jury returned a bill of indictment, in accordance with the finding of Justice Clarke. On being arraigned, Pierce, with great emphasis, pleaded not guilty, declaring that in shooting Shaw he was only defending his rights. Pierce's counsel, Wilbur F. Sanders and Dudley C. Carr, Esqs., then moved for a continuance until the next term of the court, which was granted.

At the November term, a long and exciting trial was had, the costs in the case amouuting to nearly $300, the verdict of the jury being "not guilty by reason of insanity ;" the Court making an order that Pierce be remanded to jail, and the case duly certified to the Probate Court for proceedings in lunacy. Pierce remained in jail until the 5th day of March, 1862, when he was taken to the county Infirmary, where he was confined for over a quarter of a century, a good share of the time in a separate cell, to prevent his doing injury to others, which he had several times attempted to do, his death occurring September 23, 1889.

Like Captain Kelly, Mr. Shaw brought suit against Pierce for personal damages, but, more modest than the Captain, laid his claims at $500 only. The case was referred to ex-Probate Judge Noah M. Humphrey, Hon. John Johnston and Arad Kent, Esq., who awarded the plaintiff $175, for which amount and the costs judgment was rendered by the Court, to satisfy which the Wolf Creek property was sold by Sheriff Burlison, in February, 1866, for $960, of which amount, after satisfying the judgment and costs, $326.50 was paid to Avery Spicer, guardian for Cyrus Pierce ( minor son of the defendant) the balance being paid to Mrs. Pierce.

Sometime in 1882, it came to the knowledge of Prosecuting Attorney Charles Baird, that Pierce was entitled to a one- fifteenth share of the estate of a deceased sister, Mrs. Sophia Weeden, of Sandusky City, and by taking the proper legal steps in the premises, about $1000 was covered into the county treasury, to the credit of the poor fund, thus, in some slight degree, reimburs- ing the tax payers of the county for the care and keeping, for so many years, of their unfortunate fellow-citizen.

POSTOFFICE ROBBER KILLED .- In the latter fifties, a resident of New Portage by the name of William Witner, then about 25 years of age, being employed as mail-carrier between New Portage and Doylestown, was detected in robbing the mails, and served a short term in the penitentiary. Returning to New Portage, immediately after his release from prison, Witner conducted himself fairly well for a few years, marrying into a highly respectable family of that village, though he was largely disinclined to engage in any hard or very useful labor.

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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