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 127

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 127

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THE GRAHAM-FILLEY-KILPATRICK TRAGEDY.

Stow, generally as orderly and peaceful as the average of the proverbially orderly and peaceful townships of the Western Reserve, was, nevertheless, the scene of one of those occasional

1019

STOW'S GREAT WAR TRAGEDY.

bloody tragedies, growing out of political and partisan bias and bitterness during the late Civil War. In the states in rebellion, the slightest expression of opinion against the cause of the South, was deemed to be sufficient reason for summary action against both the property and the person of the recalcitrant; but in the North, the utmost freedom of speech and action, short of down- right treason, was generally quiescently, if not cheerfully sub- mitted to.

As the War progressed, however, and as the danger to the Union became more imminent, the feeling grew stronger, among the masses, that the people of the loyal states should be com- pelled to be as unanimous in support of the government, as were those of the disloyal states for its destruction; especially in regard to contributing their just .proportion towards furnishing the sinews of war, both physical and monetary. Thus, when troops were called for, in the later years of the War, it became customary, in raising the necessary amount of money to clear them from a draft, for the people of the several townships to appoint commit- tees for the purpose of assessing and collecting the required amount from business men and property owners, in proportion to their supposed ability to pay, liability to draft, etc. And in some instances, when, from parsimony or partisanship, persons able to contribute refused to do so, a species of coercion was resorted to- or "raiding," as it was termed-by which, if the moral pressure thus brought to bear proved ineffectual, a horse, cow, or some other valuable belonging was confiscated to the fund in ques-' tion.

BEGINNING OF THE TROUBLE .- Among the very limited number of the citizens of Stow whose political partisanship overshadowed their patriotism, was Mr. William Graham, one of the most wealthy and enterprising farmers of the township. During the presidential campaign of 1860, Mr. Graham had many exciting political discussions with his neighbors, and others, and on the announcement of the result, and the inauguration of the secession movement, openly advocated the cause of the South, and bitterly opposed the coercion of the seceding states. As the War pro- gressed, and call after call was made for troops, and money for recruiting and bounty purposes, Mr. Graham's bitterness and hos- tility increased, and, though having a son subject to draft, not a penny would he contribute to the bounty fund, sought to be raised by voluntary subscriptions, for filling the township's quota and obviating the necessity for a draft.

When the last draft was pending, in the beginning of 1865, in making their computations and assessments, the committee- composed of some eighteen or twenty of the best people of the township, both Democrats and Republicans-apportioned to Mr. Graham the sum of $50, on his property possessions, and $10 addi- tional, because of the liability of his son to the draft. These sums, on being called upon by a member of the committee, Mr. Graham, with great bitterness of speech, peremptorily refused to pay, and on learning that others entertaining the same views-in Stow and elsewhere-were being "raided," gave out that he should defend his property from seizure at all hazards, and to this end had his double-barreled gun thoroughly repaired, bought a supply of ammunition, prepared a quantity of bullets, slugs, etc.

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AKRON AND SUMMIT COUNTY.

THE DEADLY AMBUSCADE .- Thus matters stood on the morn- ing of Thursday, March 2, 1865, Feeling that it was due to the rest of the people of the township that Mr. Graham should con- tribute to the bounty fund the proportionately small sumn assessed against him, it was resolved to call upon him in "committee of the whole," hoping that their united influence and persuasion would be as effectual with him as it had already been with several others of his class, who at first had refused to contribute.

Accordingly, early in the afternoon of the day named, the committee in a body, on horseback, but wholly unarmed, started from the hotel at Stow Corners, in the direction of Mr. Graham's residence, about a mile' distant, on the east and west center road. After turning the corner, and while yet some distance from Mr. Graham's premises, the committee halted for consultation. It was agreed, that whatever might be the result of their visit, they would not undertake to sequestrate any of his property, and sent one of their number, a warm personal and political friend of Mr. G., forward to assure him of their pacific and friendly intentions.

While quietly proceeding on his way, and while opposite the lands of Mr. Edwin Wetmore, some distance east of the premises of Mr. Graham, he was halted and, on pain of death, ordered into the fence corner by Mr. Graham, who was concealed in the bushes, behind the fence, on Wetmore's land. Seeing their delegate thus diverted from his course, two other members of the committee rode forward to ascertain the cause. On coming opposite to Mr. Graham, they, too, were ordered to halt, and not complying, were fired upon by the infuriated man, but fortunately without serious result, one of them putting spurs to his horse and riding rapidly down the road to the west, while the other turned back towards the main body up the road, the original delegate also starting for- ward down the road.

UNAVAILING NEIGHBORLY INTERVENTION .- Almost opposite the point occupied by Mr. Graham, lived Mr. John H. Burridge, who, on hearing the command to halt and the report of the gun, came out to ascertain the cause. On seeing Mr. Graham in the act of reloading his gun, the two men riding rapidly down the road and the balance of the committee to the east, Mr. Burridge instantly took in the situation, and started across the road to plead with his neighbor to go home, and avoid the serious trouble he was evi- dently getting himself into. But this only served to increase his fury, Graham threatening to shoot him if he did not go back. Mr. Burridge then walked up the road towards the committee with the view of advising them to retire, lest fatal consequences might ensue. In the meantime, Graham, still in the lot, worked east- ward towards the committee, and assuming a threatening attitude, the committee dismounted, using their horses as a breast-work, in case they should be fired upon.

Two FATAL SHOTS .- Here Mr. Burridge again begged Mr. Graham to retire, but instead of doing so, he fired one barrel of his gun, loaded with slugs, at Hugh Kilpatrick, whose person had become partially exposed by the restiveness of his horse. The main portion of the charge struck Kilpatrick's right thigh. The wounded man hobbled towards the fence on the north side of the road. Mr. Burridge' and Mr. Homer Filley, a member of the committee, going to his assistance, the balance of the committee

1021

TWO MEN DELIBERATELY SHOT TO DEATH.

retreating up the road. Mr. Burridge now made- another earnest appeal to Mr. Graham to desist in his bloody work, and assist him and Mr. Filley to carry the wounded man to his house and endeavor to save his life. But the appeal was wholly unavailing, Mr. Gra- ham re-loading his gun and taking deliberate aim across the fence, firing at Mr. Filley, while endeavoring to stanch the flow of blood from the shattered leg of his wounded friend. The ball also entered Mr. Filley's right thigh, causing him to leave his dying comrade to the care of Mr. Burridge, and run towards the rest of the company, up the road, on reaching whom, he fell to the ground, and soon afterwards expired, the femoral artery in both cases being severed. Mr. Burridge was now compelled, by Grahanı, on pain of death, to leave Mr. Kilpatrick, who by this time had fainted from loss of blood, but soon afterwards returned for a moment-while. Graham had gone in pursuit of the rest of the committee, who had by this time dispersed-only to find Mr. K. dead, also.

STANDING GUARD OVER HIS VICTIMS .- Mr. Burridge then went to the house of Mr. Maxwell Graham, a short distance west, to get him to endeavor to appease his brother, but finding him absent, again started for the scene of carnage. Before reaching his own house, he was met by Graham, who, leveling his gun at him, threatened to shoot him, also, if he did not instantly leave the street and go into his house, compelling him to climb three fences in doing so, instead of permitting him to enter the gate.

Thus, all the afternoon, Graham kept guard over his victims, permitting no one to approach, excepting Dr. George C. Upson, of Cuyahoga Falls, to ascertain whether the wounded men were liv- ing or dead. Some distance before reaching the wounded men, the doctor was halted by Graham, from his peach orchard, on the north side of the road. In answer to an inquiry as to what he wanted, the doctor explained that he had been sent to look after the wounded men, whereupon Graham said: "I want you to understand that this is headquarters and you must report to me," and permitted him to pass. Finding both men dead, the doctor so reported to Graham, who declared he was glad of it, and wished to God he had killed more of them, and then ordered the doctor to leave. In response to the doctor's request to be permitted to come with a wagon and a single assistant, to remove the bodies, Graham declared that the bodies should not be removed until those horses had been returned (alluding to several head of horses that had been taken from another party), but finally acceded to the doctor's request.

GRAHAM HIMSELF WOUNDED .- In the meantime the news of the tragedy spread rapidly throughout the neighborhood, and a warrant,issued by Justice Charles W. Wetmore, of Cuyahoga Falls, was placed in the hands of Constable Julius A. Upson, who started, unarmed except as to the legal process indicated, for the truly "dark and bloody" ground. There were, by this time, hundreds of terribly excited men at Stow Corners, who endeavored to dissuade the constable from approaching the infuriated man alone and unarmed; but Mr. Upson determined to make the venture. As the officer approached (on foot) he was halted by Graham, who demanded to know his business. Informing him that he had a warrant for his arrest, and urging him to submit to the process

1022

AKRON AND SUMMIT COUNTY.

of the law, the constable was told to be off, on pain of death, as he would not submit to arrest. Returning to the Corners, Mr. Upson sought to organize a posse to aid him in the arrest, but finding the crowd decidedly averse to facing the desperate man who had already laid two of their neighbors low in death, he accepted the proffered services of the late Parvin Eves to accompany him alone, providing he could be furnished with a sure-fire weapon.

A messenger was accordingly sent to Mr. Thomas W. Cornell, at Cuyahoga Falls, who was known to be the possessor of a very fine rifle; that gentleman, after carefully loading the weapon, promptly responding to the call. On the return of the messenger, with the rifle, Messrs. Upson and Eves started, the former walking in the middle of the road, while the latter skirted the fence, inside the lot, the intention being that if lie saw Graham raise his weapon on the officer, to immediately fire upon him, with the view of crippling and preventing him from doing further fatal mischief.

As Mr. Upson again approached, he was again halted by Gra- . ham, still on the north side of the road, and a short parley ensued, the officer stating to Graham that it was both his duty and his determination to serve the warrant which had been placed in his hands, and again urging him to peaceably surrender without caus- ing any further bloodshed to either others or himself. Peremp- torily refusing to submit, Graham again raised his rifle and ordered Upson to leave on pain of instant death, and as he turned to leave Graham fired, one of the slugs with which the gun was loaded.cut- ting quite a gash on the side of his neck, the remaining slugs rid- dling the fence on the opposite side of the road. Simultaneously with the discharge of Graham's gun, Eves also fired, whereupon Graham immediately retired to the corner of the fence out of sight. In a few minutes he called to Mr. Upson to approach, saying that he was wounded and would surrender. After a momentary delay, fearing a ruse on the part of Graham, to get the officer within range of his gun, while himself safe from that of his ally, Upson went to him, soon after which Graham tumbled over upon his face in the snow in a dead faint. On turning him upon his back, and throwing snow in his face to bring him to, Mr. Upson discovered that his left elbow was badly shattered, by the shot fired by Mr. Eves. Constable Upson then called to his brother, Dr. G. C. Upson, who with many others, a short distance up the road, were anxiously watching the proceedings, although by this time it was getting quite dark. Dr. Upson gave the wounded elbow such surgical attention as the means at his command would admit of, and Graham and the bodies of his two victims were taken to Stow Corners, by Constable Upson, and the many willing hands now tendering their assistance.

THE MURDERER IN JAIL .- Sheriff James Burlison having been telegraphed for, accompanied by Deputy United States Marshal David A. Scott, arrived at the hotel soon after the arrival of the party there, and though the excitement was by this time most intense, both in the neighborhood and at Cuyahoga Falls, as well as in Akron, succeeded in safely conveying the prisoner to jail. Doctors William Bowen and George P. Ashmun being called in by Sheriff Burlison, the next morning, found Graham's elbow so badly shattered that amputation was at first deemed to be neces- sary; but finally, after removing several fragments of bone, by

1023

INDICTMENT, TRIAL, VERDICT.

the use of splints, bandages, etc., the arm was saved, though in a badly crippled condition. A few days later, a brief preliminary examination was held by Justice Wetmore, the defendant being duly committed, without bail, on the charge of deliberate and pre- meditated murder.

SOLEMN FUNERAL SERVICES .- The obsequies of the two murdered men were jointly held at the Methodist Episcopal Church, in Cuyahoga Falls, on Sunday, March 5, 1865. There was a very large attendance, the solemn services being conducted by the pastor of that church, Rev. Chapin. The' remains of Mr. Filley were taken to Northampton for interment; those of Mr. Kilpatrick being buried in the cemetery near Stow Corners, with masonic rites, Mr. K. being a highly respected member of that order.

INDICTMENT, CONTINUANCE, ETC .- The February term of the Court of Common Pleas being then in session, the matter was immediately brought before the grand jury, by Prosecuting Attorney, Edward Oviatt, Esq., and two separate bills of indict- ment were returned, each charging the defendant with murder in the first degree. Owing to his physical condition, however, the trial was postponed until the ensuing May term, two new indict- ments, of three counts each, being found by the grand jury of that term; the several counts, in both indictments, each charging Graham with deliberate, willful, premeditated and malicious murder.

ARRAIGNMENT, TRIAL, ETC .- On all of the six counts, on being arraigned before Judge Stephenson Burke, the defendant entered a plea of not guilty, Prosecutor Oviatt first putting him on trial for the murder of Homer Filley. The trial, which lasted nearly a week, was conducted, by Prosecuting Attorney Edward Oviatt, assisted by Henry Mckinney, Esq., on behalf of the State, and by S. W. McClure, Esq., Judge Rufus P. Ranney, of Cleveland, and R. O. Hammond, Esq., for the defense; the plea of both insanity on the subject of politics and war, and of justifiable homicide, being urged in behalf of the defendant.

The main facts as to the killing, substantially as above given, and as developed on the trial, were admitted by defendant's attorneys, but a large amount of testimony was introduced tending to show, first, that by reason of injuries to his head, received in a serious railroad accident, a short time previous, the defendant's mind was so far thrown out of balance that, under great provocation and excitement he was wholly irresponsible for his acts; and, second, that from reports which had been brought to him of the action of the committee with other parties, and of their intended action against him, he had reason to believe that he was about to be illegally despoiled of his property, and perhaps subjected to per- sonal injury, and fully believed that the defense of both his person and property against the formidable body of men he saw approach- ing his premises, was justifiable.

ARGUMENTS -- CHARGE-VERDICT, ETC. - The testimony closed about noon, on Thursday, January 8, 1865. Prosecutor Oviatt opened the argument for the State, in a clear and lucid argument of about an hour and a half, followed by S. W. McClure, in an able plea of about three hours, on the part of the defense. On Friday morning, Judge Ranney, in an extremely ingenious plea, of nearly four hours, closed the argument for the defense, Mr. Mckinney

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AKRON AND SUMMIT COUNTY.

summing up the case, and concluding the arguments for the State in an extremely impressive plea of about five hours. The charge of Judge Burke, occupying about three quarters of an hour, was regarded by all who heard it, as remarkably clear and impartial, carefully guarding the interests of the people as well as affording full protection to all the rights of the accused, under the law and the testimony given in the case.

The case was given to the jury at 6 o'clock P. M., and at about 10 o'clock the same night, they returned a verdict of murder in the second degree, which, the theory of insanity being thus discarded, was at the time generally regarded as unwarrantably mild, in view of the war-like preparations which the defendant had made, and the deliberation and persistence with which his attack upon the unarmed body of men approaching, and before they had reached his own premises, was made and followed up-even to the extent of preventing a disinterested neighbor, and a peaceable physician from giving succor to the two men who had already fallen before his deadly aim. Exceptions to Judge Burke's charge were filed, by defendant's counsel, but no further move was made for a new trial, and Judge Burke immediately sentenced the defendant to imprisonment, at hard labor, in the state penitentiary, during the period of his natural life, and to pay the costs of prosecution, amounting to $747.86.

AFTER THE TRIAL .- In speaking of the trial and its results, the present writer, editorially in The Beacon, said: "The prisoner has nearly recovered from the wound received' in his capture, though the elbow will always, probably, be stiff. We do not learn that he has ever manifested any contrition for the terrible crime, though he admits that it would have been better for him to have paid what was asked of him, and esteems himself very lucky, indeed, at the mildness of his sentence. He is very busy with his friends-who in their deep affliction have the cordial sympathy of the entire community-in arranging his business matters, and otherwise preparing for the long imprisonment which awaits him, the legitimate fruits of his unbridled temper and his sympathy with the enemies of his country."

IN THE PENITENTIARY .- Sheriff James Burlison conveyed Mr. Graham to the penitentiary on the 23d of June, 1865, in speaking of which the present writer then editorially said: "The prisoner was very observant of the growing crops and of passing events, and expressed himself as being wholly unable to realize whither he was going. Surely it must have been very difficult for the doomed man, who has ever been in the enjoyment of prosperity, the society of kind friends, and but for his ungoverned temper, unalloyed happiness, to comprehend, in its full import, the terrible fact that he was soon to be shut out forever from the bright and beautiful scenes of earth, to drag out the remainder of his existence at hard labor within the gloomy walls of the penitentiary. 'Verily the way of the transgressor is hard.'"

CIVIL SUITS FOR DAMAGES .- On the 17th day of March, 1865, Messrs. Henry Mckinney and J. J. Hall filed petitions in the Court of Common Pleas, in behalf of Amanda Filley administratrix of the estate of Homer Filley and Seth W. Harrington, administrator of the estate of Hugh Kilpatrick, against William Graham, for civil damages, in the sum of $5,000 each. At the May term of the

1025

COMMENDABLE ACTION OF SON.

court when the cases were called, though answers had been duly filed, no defense was made, and judgment was rendered by Judge Burke for the full amount of damages claimed. As was then quite largely practiced, a second trial was asked for and granted, thus carrying the matter over until a subsequent term. After the consignment of Mr. Graham to the penitentiary, however, and before the civil suits were reached, the son, Mr. Henry B. Graham, arranged for an amicable and equitable settlement of both suits, as will be seen from the following editorial from the pen of the present writer published in The Beacon of May 10, 1866:

"HIGHLY COMMENDABLE .- We learn that Henry B. Graham, upon whom has devolved the care of the family and the business affairs of his father, Mr. William Graham, since the occurrence of the unfortunate affair that at once deprived him of his liberty and two of his neighbors of their lives, has secured to the widows of Messrs. Kilpatrick and Filley the payment of $5,000 each, in annual installments of which $1,000 has already been paid. This evinces not only a high sense of honor on the part of young Graham, but a spirit of energy and determination, also, which will meet with the hearty commendation and sympathy of the entire community."

THE PARDON QUESTION .- Within a very few months after Mr. Graham's incarceration, the War being over and the asperities aris- ing therefrom becoming very greatly softened, the friends of Mr. Graham began to agitate the question of applying to Governor Jacob D. Cox for his pardon, but no definite move was made in that direction until after the accession of Governor Rutherford B. Hayes, in 1867. In a communication to The Beacon, under date of April 3, 1867 Mr. William Southmayd, of Stow, said: "The friends of Mr. William Graham are circulating a petition for his pardon, with what success I am not advised. * I think the move is considered premature by those looking upon his case with the most charitable eyes." In commenting upon this item, the writer editorially said: "We would not do anything to wound the feelings of the family or friends of the condemned man, or to pre- judice his case with the executive, or public, and therefore with- hold a resume of the evidence in the case given by 'Justice,' yet at the same time agreeing with our correspondents, that the move- ment for a pardon is at this time, in our judgment, premature."

GOVERNOR HAYES DECLINES TO INTERVENE .- The petition, numerously signed, by men of both political parties, was earnestly urged upon the attention of Governor Hayes, by interested friends and able counsel, but the Governor, on fully acquainting himself with all the circumstances connected with the double homicide, declined to interfere, believing that if, in any event, executive clemency should intervene, the time had not yet arrived for its' exercise.

FINAL PARDON .- Mr. Graham thus remained in prison, until the accession to the Governorship of Hon. William Allen, in 1874, before whom the application was successfully renewed, a pardon being granted by Governor Allen on the 11th day of February, 1874. In his list of pardons, and the reasons thereof, subsequently reported to the legislature, Governor Allen said of this particular case: "Pardoned on the petition of 1,500 citizens of Summit county, on application of Hon. A. C. Voris, delegate to Constitu- tional Convention from Summit county; of Senator Goodhue from

65 .

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AKRON AND SUMMIT COUNTY.

Summit District; of Lieutenant Governor Hart; of the prosecuting attorney; judges of Probate and Common Pleas Courts; of the treasurer, recorder, auditor and clerk of Summit county; of the mayor of Akron, and of leading bankers, professional and business men of Summit county. The crime was committed under extreme provocation, and during intense mental excitement while the vic- tims were engaged in an unlawful act which Graham had reason to believe jeopardized his person and property. As he had suffered incarceration for a period of nearly nine years, it seemed to me that the ends of justice were fully subserved in his case."

SUBSEQUENT LIFE, DEATH, ETC .- Mr. Graham returned to his home, in Stow, on the evening of February 12, 1874, where he con- tinued to live quietly and peaceably, until his sudden death from heart disease, on the 3rd day of August, 1883, at the age of 68 years, 3 months and 28 days. His surviving family are among the most respectable and influential families of Stow township, and of Summit county, and in no way lessened in the public esteem by the occurrence of the fearful tragedy in which the husband and father was so prominent an actor, in the most exciting period of our country's history.

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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