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 116
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It was found that one of the balls entered the side of the deceased, passing through the intestines and lodging in the abdominal wall upon the opposite side, the other striking him in the back and entering the chest, from one of which, or a combina- tion of both, he died.
The affair created the wildest of excitement throughout the entire neighborhood. McLister made no attempt to escape, but later the same night was arrested, at the home of his afflicted parents by Constable George Jennings, on a warrant issued by Justice Michael Wise, of Johnson's Corners, on the affidavit of Thomas Lewis. Being held by Justice Wise to answer to the
933
TRIAL, CONVICTION AND SENTENCE.
Court of Common Pleas, then in session, McLister was duly com- mitted to jail. Prosecuting Attorney Charles Baird moved the court for a special Grand Jury, which was accordingly impaneled as follows: N. E. Vansickle, Stephen Ginther, E. S. Oviatt, C. C. Wilcox, Frank Danforth, A. H. Mallison, Everett Foster, Samuel Findley, S. A. Lane, George Payne, Charles H. Edgerly, A. Ruger, W. W. Arnold, C. P. Mallison and H. K. Sauder.
After the examination of a large number of witnesses, the Grand Jury, by its foreman, N. E. Vansickle, returned a true bill of indictment consisting of three separate counts, charging McLister with murder in the first degree; the first count, omitting ยท legal phraseology, setting forth the deliberate and malicious shooting of Welsh in the back to the depth of eight inches; the second count, shooting in the side to the depth of 14 inches, and the third count combining the two shots, with intent to kill and murder, etc.
On Wednesday, December 17, 1884, Messrs. Kohler and Sadler, attorneys for the defendant, filed a plea in abatement of the indict- ment, on the grounds, first, that H. K. Sauder, one of the special grand jurors finding said bill, was an attorney at law and the duly appointed court stenographer, and in the employ of the prosecuting attorney, while acting as such grand juror; and second, that S. A. Lane, being then, as deputy clerk, an officer of the court, was incompetent to serve as a grand juror, etc. (Mr. Lane, in the latter part of Clerk Nash's administration and early part of Hale's term, temporarily, for a few months, officiated as deputy clerk, as his services were needed by those officers).
To this plea in abatement, Prosecutor Baird filed a demurrer, which, on being fully argued by counsel on both sides, was sus- tained by Judge Green. A plea of not guilty was then entered by the defendant and the case continued till the January term, 1885.
On the commencement of the January term, the trial of McLister was set for Monday, February 9th, Judge U. L. Marvin being assigned by the court to assist Prosecuting Attorney Baird in the trial of the case, a special venire for 36 jurors being sum- moned to appear at the time designated.
At the appointed time the case was proceeded with in due form. The first venire being exhausted, the second, third and fourth venires were issued for six, four and three jurors, respectively, and at length the panel was declared full, and the jury sworn as fol- lows: C. C. Swinehart, Corwin T. Hamlin, Champ Mouiton, C. H. Ellsworth, N. G. Mellinger, Henry Raber, M. E. Foster. W. H. Miller, John Stutz, T. N. Ganyard, E. P. Holloway and Henry Federick.
The trial lasted over a week, sixteen witnesses appearing for the State, forty-one for the defense, and ten in rebuttal for the State. The case was ably handled on both sides, counsel for McLister, endeavoring to show that, the shooting was done in self-defense. The theory was deemed untenable, by the jury, however, from the fact that, though Welsh was the original aggressor, by hurling a deadly missive at McLister's head, one of the fatal shots took effect in Welsh's back, indicating that he was then retreating, while there was some testimony, to the effect that as Welsh left the saloon, McLister followed him up and sent a shot after him from the door.
934
AKRON AND SUMMIT COUNTY.
After eloquent and exhaustive arguments, on both sides, under the very full and able charge of Judge Green, the case was given to the jury, on Monday at 5:15 P. M., and at 12:30 P. M., Tuesday, February 17, 1885, the jury through their foreman, William H. Miller, returned a verdict of guilty of murder in the second degree.
It afterwards transpired that thirty ballots were taken, the most of which stood, seven for murder in first degree, three for second degree, and two for manslaughter. Changes finally began to take place, until at length eleven to one was reached where the jury hung for six or seven hours, when the obdurate one relaxed, and. an agreement was reached at the hour stated.
On Monday, February 23, Messrs. Kohler and Sadler filed a motion to set aside the verdict, for the following reasons: 1st accident and surprise which ordinary prudence could not guard against; 2d that the verdict is not sustained by the evidence, and is contrary to law; 3rd newly discovered evidence material for the defendant, which he could not with reasonable diligence have dis- covered and provided for; 4th error of law in the sustaining by the court of the State's demurrer to the defendant's plea in abate- ment of indictment; 5th errors of law occurring at the trial.
The motion for a new trial being overruled, Judge Green pro- ceeded to sentence the defendant as follows:
"ROBERT MCLISTER, you may stand up. Have you anything further to say why the sentence of the law should not be pronounced ?" The prisoner making no reply, Judge Green continued : "You were indicted by the Grand Jury of this county, said indictment charging you with having purposely, of deliberate and premeditated malice, murdered Joseph Welsh, by shooting. Upon being arraigned, you entered a plea of not guilty, and you were put. upon trial before an intelligent and impartial jury. Your defense was con- ducted by able counsel. The jury listened with great patience and unyield- ing attention to everything offered in evidence, and to the arguments of your counsel, and, under the charge of the Court, to which your counsel took no exceptions, retired to deliberate, and after mature deliberation returned a verdict finding you guilty of murder in the second degree-an offense for which our law affixes the penalty of imprisonment for life. This verdict of the jury, under the evidence given, we are satisfied, under their oaths, they were compelled to return. It now becomes my painful duty to pronounce- the judgment the law prescribes for your crime. It is that you be taken hence to the common jail of the county, and that you there be safely kept, and within thirty days you be taken from thence to the penitentiary of this State, and that there you be imprisoned during life."
The prisoner received his sentence without apparent emotion, and, without being hand-cuffed, accompanied the officer quietly back to the jail, where, with conduct every way becoming the gen- tleman that he naturally is, he remained until the 11th day of March, 1885, when he was removed to the penitentiary at Colum- bus, by Sheriff William B. Gamble.
Thus, through evil associations and habits, in the very bloom of youthful manhood, one human life was entirely blotted out, and another shrouded under a dark pall of ignominy, to be forever debarred the society of kindred and friends, unless executive clemency should mercifully intervene to open the gloomy portals of his prison-house, as, after an incarceration of nearly five years, it finally did, young McLister being pardoned by Gov. J. B. Foraker, January 10, 1890, since his release and return home, so far as the writer is advised, his conduct having been in every way, upright and exemplary.
935
POPULATION, OFFICERS, ETC.
NORTON'S POPULATION .- The census of 1840 gave to Norton township, including the villages within her borders, 1,497 inhab- itants, while those of 1880 gave her 2,066 a gain of 569, a fair show- ing indeed, considering the tendency of the times to concentrate business and manufacturing operations in the larger towns and railroad centers of the country, though the census of 1890 gives her but 1,973, a falling off in the last decade of 93, though in the pres- ent (1891) growth of the new city of Barberton, within her borders, she has much more than regained her lost ground since the enumeration was made.
NORTON'S PRESENT OFFICIAL STATUS .- Trustees, John B. Betz, Jackson Hall, Oliver Harter; clerk, Samuel J. Burgess; treasurer, Joseph Hartzell; justices of the peace, John McNamara, William A. Morton; constables, Charles O. Helmick, John Kelly; Postmasters, New Portage, George A. Shaw; Barberton, A. A. Moore ; Johnson's Corners, Amos Miller ; Norton Center, Louis M. Shook; Loyal Oak, Alfred Schneider; Western Star, O. A. Wallace; Sherman, Mrs. Mathews.
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CHAPTER XLIV.
THE MAGIC CITY OF BARBERTON-RAPID GROWTH AND UNPARALLELED PROS- PERITY-PUSH AND PERSEVERANCE OF ITS PLUCKY PROJECTORS-OVER A MILLION DOLLARS ALREADY INVESTED IN ITS PROMOTION-WONDERFUL INDUSTRIAL REVELATION-A SHORT BUT INTERESTING CHAPTER.
THE NEW CITY OF BARBERTON.
SINCE the compilation of this history was begun, and the publi- cation of the foregoing chapters on Coventry and Norton, in serial form, the vicinity of New Portage, on the Norton side of the line, has been invested with a new and truly wonderful impor- tance. In January, 1890, Messrs. Ohio C. Barber, Charles Baird, Albert T. Paige and John K. Robinson, realizing the beauty and business possibilities of the locality, purchased a number of con- tiguous farms, adjacent to the already considerable village of New Portage, on the west, aggregating 640 acres of land, with the view of founding thereon a new manufacturing city, the fee of the entire purchase being at first vested in Mr. Albert T. Paige, and subsequently transferred to the attorney of the syndicate, Charles Baird, Esq.
o. Enblo
Dwelling of Manager of Barberton Land Company.
These lands were carefully and scientifically laid out into business and residence lots, streets, avenues, parks, etc., and graded on the most approved system of drainage and sewerage, the beautiful sheet of water thereon, formerly called "Way's Lake," and later known as "Davis' Lake," being re-christened "Lake Anna," in honor of Miss Anna Barber, only daughter of the chief promoter of the enterprise, Mr. Ohio C. Barber, after whom
937
BARBERTON LAND IMPROVEMENT COMPANY.
the new city itself was very properly named-Barberton. This beautiful little lake is made the center of twenty-one acres of nicely graduated and ornamented grounds, with several delightfully shady groves upon its margin, which, though not so formally named, may properly be designated as "Recreation Park."
Having thus quietly perfected their plans, liberal inducements were extended to manufacturers, and other business men, to avail themselves of the extraordinary advantages and facilities claimed for the new city, the members of the syndicate manifesting their faith in its success by taking large blocks of stock in the several important enterprises locating there, as will be seen in the enu- meration of those establishments, and the names of the gentlemen connected therewith, as directors, officers, etc.
BARBERTON STATION C.A.& C.RR
" BARBERTON ..
In October, 1890, the original syndicate sold a one-half interest in the enterprise to Hon. George W. Crouse, of Akron, and Mr. M. J. Alexander, of Greensburg, Pennsylvania, and their associates of Pittsburg. . The plat of the new city was duly entered for record in the records of Summit county, by Mr. Baird, on March 24,1891.
[-]May 23, 1891, the syndicate, as enlarged, entered into a partner- ship contract, also duly recorded, under the name and style of "The Barberton Land and Improvement Company," with a capital of $240,000, with Mr. Ohio C. Barber as president and trustee, all the lands thus acquired and held, being on that date transferred by deed executed by Charles Baird and wife, Lucy V. Baird, to Ohio C. Barber as such trustee, who was, by the terms of the partnership contract, authorized to mortgage such portion of said lands to The Union Trust Company, of New York, as might be neces- sary to secure the payment of bonds to an amount not exceeding $200,000, issued to raise money to carry forward contemplated improvements, the entire amount invested in lands, improvements and business, by the company, and manufacturing corporations, in the new city, to the present time (November, 1891), being about $1,300,000. Mr. M. J. Alexander has the management of the sale of the company's lands, over $200,000 worth of business and resi- dence lots having already been sold.
938
AKRON AND SUMMIT COUNTY.
The membership of the Barberton Land and Improvemement Company, and the number of $100 shares of the $240,000 capital stock held by each, is as follows: Ohio C. Barber, 300; Charles Baird, 300; Albert T. Paige, 300; John K. Robinson, 300; George W. Crouse, 170; M. J. Alexander, 185; J. W. Moore, 165; William D. Hartupee, 170; Ida H. Chandler, 170; A. M. Sloan, 100; Julien Ken- nedy, 100; James S. McKean, 100; Neri Newcomb, 40-total 2,400.
With the Ohio canal, the Cleveland, Akron & Columbus, and the Baltimore & Ohio railways upon the east, and the New York, Pennsylvania & Ohio railway upon the west and a fully equipped, standard guage Belt Line traversing its entire circum- ference (over four miles of track being already laid), the transpor- tation facilities of the new city are simply perfect.
BARBERTON INN.
As illustrative of what cash and courage, push and pluck, and energy and enterprise can accomplish, and as indicative of what the coming nine years of the last decade of the nineteenth century. may accomplish for the new city, we note its present business status as follows:
BRANCH OF AMERICAN STRAWBOARD COMPANY .- Capital $6,000,000, with Ohio C. Barber, as its president, occupies 40 acres of ground with four brick buildings, 70x300 feet each; one 30x100 feet; two 20x80 feet each; with a straw-lumber, or lignistra, depart- ment 50x350 feet, and employing from 150 to 200 men. William R. Brown, manager of Barberton works.
THE NATIONAL SEWER PIPE COMPANY .- Capital $250,000, the larg- est works of their kind in the world; occupying 26 acres of ground; building four-story brick 80x370 feet; 32 kilns; eight boilers, over 1,200 horse-power of engines; 150 to 200 men; capacity 200 to 300 tons per day. Directors: Ohio C. Barber, president; William McFarlin, vice president and treasurer; Ed. M. Buel, secretary; Henry A. Robinson, general manager; Charles Baird, attorney. This company have an inexhaustible supply of the very best quality of clay contiguous to the lands of the syndicate, in close proximity to their works.
939
BARBERTON'S INDUSTRIES.
THE CREEDMOOR CARTRIDGE COMPANY .- Capital $500,000, manu- facturers of all kinds of military and sporting fixed ammunition; site 34 acres; main building, three-story brick, 60x 150 feet; hands employed 75 to 125. Directors: Ohio C. Barber, president; Charles E. Sheldon, vice president; Mark R. Hayne, secretary and treasurer; Charles Baird, William McFarlin, Isaac C. Alden and Clement A. Barnes. Manager, N. P. Leach; Superintendent, E. A. Worthen.
THE STIRLING COMPANY .- Manufacturers of water tube safety steam boilers; capital $500,000; site 100 acres; main building, 85 x200 feet; hands employed 60 to 250. Directors: Ohio C. Barber, president; Allan Stirling, secretary and treasurer; John Jardine, Robert C. Alexander and Charles Baird. General Manager, Thomas Deegan; Superintendent, H. S. Pell.
THE AMERICAN ALUMINA COMPANY .- Capital $500,000; site seven acres; main building, 60x200 feet; hands employed 50. Directors: Ohio C. Barber, president; H. E. Pickett, vice president; George T. Perkins, treasurer; H. De Wolf, secretary; Thomas W. Cornell, George W. Crouse, Frank M. Atterholt, Charles Baird, O. H. Root, William McFarlin and Albert T. Paige.
HOUSES FOR WORKMEN.
PRINS PHOTO-ENG.R .!
THE BARBERTON WHITEWARE COMPANY .- Capital $300,000, plant to consist of three buildings 103x575 feet each; hands to be employed, 750. Directors: Ohio C. Barber, president; George W. Crouse, vice president; William McFarlin, treasurer; Charles Baird, attorney, and Henry A. Robinson, general manager. Secre- tary, Park T. Robinson.
THE KIRKUM ART TILE AND POTTERY COMPANY .- Capital $300,- 000; incorporated May 7, 1891, by Joseph Kirkum, Ohio C. Barber, president; George W. Crouse, vice president; Charles Baird, secre- tary and treasurer; Meshech Frost, Frank Bloom and Frank M. Atterholt, directors; site seven acres; buildings 240 feet square, with ten kilns and will employ from 400 to 500 hands.
UNITED SALT COMPANY .- Main works at Cleveland and New- burg; capital $1,000,000. Directors: William Chisholm; F. B. Squire, president; Herman Frasch, secretary; L. H. Severance, - treasurer; David R. Paige, Frank Rockefeller, Ohio C. Barber and Charles Baird. Barberton branch occupy seven and a half acres
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AKRON AND SUMMIT COUNTY.
of ground, and drilling of well (November 1891) favorably pro- gressing.
BARBERTON BELT LINE RAILROAD COMPANY .- Capital, $50,000. Directors: Ohio C. Barber, president; Albert T. Paige, vice-presi- dent; William McFarlin, secretary; Charles Baird, treasurer; ' Henry A. Robinson, general manager. Four miles of road built and in successful operation.
ATIONAL HOTEL
-
PAS PHOTO -ENG CO.
THE BARBERTON SAVINGS BANK COMPANY .- Capital, $100,000. Directors: Ohio C. Barber, president; William McFarlin, vice-presi- dent; Charles Baird, secretary; John B. Woods, Thomas W. Cor- nell, George W. Brewster, Houston Kepler, George W. Crouse and Henry A. Robinson. Vacancy caused by death of Joy H. Pendle- ton, yet to be filled. Ed. M. Buel, treasurer and ex-officio cashier. Fine run of business already assured.
BARBERTON BRICK AND TILE COMPANY .- Simeon Dickerman, president; Wellington Miller, secretary and treasurer; Theodore Stauffer, superintendent.
Besides the elegant and capacious National Hotel, erected by the National. Sewer Pipe Company, near their works, a large num- ber of handsome residences and business blocks have already been erected, and others, including Barberton Inn, a fine bank building, railway stations, etc., are now in process of construction, or soon to be built, the style and quality of which are indicated by the accompanying engravings, and in addition to the various works designated, Barberton is also liberally supplied with local trades- men, professional men, police, etc., so that now (November, 1891), though but little more than one year old, with a population of nearly 2,000 souls, it gives promise of speedily becoming one of the most important of the many thriving industrial cities of Northern Ohio.
CHAPTER XLV.
THE TOWNSHIP OF RICHFIELD -EARLY SETTLERS -PIONEER INCIDENTS- RESOURCES-RIVALRIES, ETC .- PUBLIC SPIRIT-MILITARY OPERATIONS, ETC. -SPLENDID CIVIL RECORD-THE BIG SLEIGH RIDE OF 1856-RICHFIELD'S GREAT RE-UNION OF 1880-CRIMINAL MATTERS-A SINGULAR CASE OF LUNACY-HUNTER-GARGETT TRAGEDY, ETC.
RICHFIELD'S BEGINNING.
R ICHFIELD, previous to 1805, was aboriginal territory, being conveyed by the Indians to the United States, by the treaty of Fort Industry, on the Maumee river, during that year. Being a part of the Western Reserve, it soon afterwards was transferred to the Connecticut Land Company. The entire area of territory thus held by the Company, embraced nearly 4,000,000 acres, which was disposed of by a sort of lottery arrangement, each party interested "drawing" a proportionate amount of land to the money paid in. In this way, some became proprietors of entire townships, while others drew but fractions thereof.
The original proprietors, thus acquiring title to Richfield township, were, Colonel Benjamin Tallmadge, Captain John Smith, Uriel Holmes, J. Wilcox and two others named Edwards and Green, all of Connecticut, none of whom, it is believed, ever settled upon, or even visited their possessions, except, possibly, Mr. Wilcox, having invested for speculative purposes, only. In 1811, Captain Heman Oviatt, then a resident of Hudson, purchased Colonel Tallmadge's interest, the northwest quarter of the township, embracing 4,000 acres, for the sum of $5,000, or at the rate of $1.25 per acre, Tallmadge fearing that the impending war between the United States and England might despoil him of his property.
TOPOGRAPHY, ORGANIZATION, ETC .- Though not bordering on the river, the eastern portion of the township is badly cut up into hills and gullies, but the central and western portion is more level and abounds in fertile and nicely cultivated farms, being especially adapted to the raising of fine stock and the growing of choice fruits.
At first, Richfield was attached to Boston and several other townships in electoral and official matters, but was organized as a distinct township in April, 1816, by authority of the Commissioners of Portage county (Medina county to which the township properly belonged, not being organized until 1818). The first officers elected were: Nathaniel Oviatt, William Jourdan and Daniel Keys, trustees ; John Bigelow, clerk; Isaac Welton, treasurer ; Jared Barnes and John Farnum, overseers of the poor; John Bigelow and Isaac Hopkins, constables; John Farnum, Jason Phillips, Isaac Welton, Elijah Hale and John Holmes, supervisors. As in the case of Boston, an examination of this roster will disclose the fact that at least three persons were elected to two offices each. Up to this time the justices of the peace elected in Boston township, of which Mr. Lehman Farnum was one, had jurisdiction over
1
942
AKRON AND SUMMIT COUNTY.
Northfield, Boston, Richfield, Bath and Northampton, but on the organization of Richfield as a separate township, Isaac Welton was elected justice, his commission (still in the family) bearing date July, 1816.
MAJOR NORRIS HUMPHREY,- born in Canton, Hartford county, Connecticut, August 14, 1806; emi- grated with parents to Trumbull county, Ohio, in 1816; educated in district schools ; learned blacksmith- ing trade with father; moved to Richfield in 1829; worked at trade two years; February 10, 1831, married to Miss Julia Case, of Trumbull county ; after marriage moved upon farm, two miles east of center of Richfield, where he has since contin- uously resided-over sixty years ; helped to organize first militia com- pany of the township, becoming its captain, in 1834, soon afterwards being promoted to major of first battalion, light infantry. An ardent Republi- can, though never an office-seeker, Mr. Humphrey has filled many minor offices of trust-constable, assessor, trustee, director of Academy, etc., with the strictest fidelity, lacking a few votes only of receiving the nomi- nation for State Representative, in 1869. Mrs. Humphrey died January 26, 1871, having borne him seven chil- dren, as follows: Austin, Norris, Cora (now Mrs. Ransom C. Ellsworth), Oliver N., Lucian E., Decius (died April 1, 1868, aged 22 years), and Tru- man, the three sons first named now being prosperous business men in Lincoln, Nebraska, the two last named remaining in Richfield, Tru- man (married to Miss Lida Hale, of Bath, July 4, 1875), living on the old homestead, and kindly caring for the venerable patriarch, still, at the age
MAJOR NORRIS HUMPHREY.
of 85, retaining, in a large degree, both his physical and mental facul- ties, the following document testi- fying to the major's earlier military "prowess," above alluded to :
TO NORRIS HUMPHREY :
This is to certify that you are appointed Fourth Corporal of the 5th Company, 3d Regiment, 1st Brigade and 4th Division Ohio Militia, and you are entitled to all the privileges and respect due you, and are accountable for any misdemeanor in you as Corporal.
Given under my hand at Vernon, this 2d day of September, 1824.
C. H. WILCOX, Captain.
EARLY SETTLERS, INCIDENTS, ETC .- The first white settler, according to Dr. A. E. Ewing and Schuyler R. Oviatt, was Launcelot Mays (General Bierce says Robert Mays), in 1809; the first marriage, William Carter to Betsey Mays, in 1812; the same also being noted as the first marriage in Boston ; probably growing out of the fact that both townships were then under one jurisdic- tion. But as Richfield furnished the bride and Boston the groom and officiating magistrate (Alfred Wolcott, Esq.), it is proper to divide the honor between the two townships; though Mr. Carl W. Brown, the great-grandson of the ancient happy couple, informs the writer that the marriage was actually solemnized at the house of Justice Wolcott, in the east part of Boston. The first death of a white person, in Richfield, was that of Polly Payne, in 1812, at the age of 18 years. The first white child born in the township (in 1812) was a daughter to John Mallet, brother of Henry Mallet, the second settler in the township.
943
EARLY SETTLEMENT-INCIDENTS, ETC.
The settlement of the township was not very rapid for several years, owing probably to the war disturbances of the time. After the close of the war, however, settlement was quite rapid, so that by the organization of the township in 1816 there must have been nearly, or quite, forty voters present, a goodly proportion of whom, though youngish men, were undoubtedly heads of families, and nearly all were from Connecticut and Massachusetts. The census of 1840, gave Richfield a population of 1,108, and by that of 1880 the number of inhabitants in the township was 1,253, being an increase of 145 in the forty years ; though midway between the two epochs, in the palmy business days of the two "centers," as hereinafter noted, the population must have been considerably greater than in 1880, since which time there has been a marked decline, the census of 1890 giving to her but 921 souls, a falling off of 332 in the ten years.'
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