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 128

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 128

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FAMILIES OF THE MURDERED MEN .- Homer Filley was born in the State of New York, and lacked about a month of being 40 years of age at the time of his death. In 1852, he was married to Miss Amanda Robstein, in Michigan, shortly afterwards settling near his mother, in Northampton, working in sawmill, at farming, etc., a year or two later at Munroe Falls, and doing similar work in that vicinity. Besides his widow, five children were left to mourn his tragic death: Eliza, 12; Alice, 8; Wallace H., 5; Ida, 3; and Loretta, 4 months; all of whom, except the youngest, are now living, and all married and comfortably settled in life: Eliza and Ida at Munroe Falls, Alice in Michigan and Wallace H. in Akron, an operative in the Knife Works; Mrs. Filley still occupying the comfortable homestead which had been provided for the family by her lamented husband, previous to his death.

Hugh Kilpatrick was a native of Glasgow, Scotland, emigrat- ing, when a boy, to Kingston, Canada. His parents dying when he was still quite young, he was reared to manhood by friends of his family. In 1847, he went to California, and on his return went to Patterson, N. J. Thence he came to Cuyahoga Falls, subse- quently going to Munroe Falls, in both places working at his trade of paper-maker, for a time being a partner in the well- remembered firm of Howard, Peebles & Co. June 25, 1857, Mr. · Kilpatrick was married to Miss Mary B. Gaylord (daughter of the late Isaac T. Gaylord, of Stow), who, after bearing him three chil- · dren, died June 29, 1864; Mr. K. marrying for his second wife, Jan- uary 1, 1865, Miss Charlotte L. Benedict, of Northampton. At the time of his death, Mr. Kilpatrick was 36 years, 10 months and 22 days of age; the names and ages of his children being: Adelaide M., 5; Arthur G., 4; and Henry Theodore, 1; Arthur G. surviving his father but about three weeks. Adelaide M. is now the wife of Dr. Sylvanus Koontz, a prosperous physician of Roanoke, Ind., and Henry Theodore is a resident of Morgan Park, near Chicago, Ill., engaged in the lucrative business of plumbing. Mr. Kilpat- rick's widow, Charlotte L., was married to the late Parvin Eves, of Stow, June 15, 1866, but a little over a year later was again

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STOW'S PRESENT OFFICIAL STATUS.

-widowed, Mr. Eves being accidentally killed by the cars, at Cuya- hoga Falls, August 19, 1867. Mrs. Eves was again married, November 26, 1872, to Mr. Amos B. Wait, with whom she is now living at Hilliard Station, Mich.

STOW'S POPULATION, OFFICIAL ROSTER, ETC.

The census of 1840 gave to Stow, including the populous cor- ner included in the village of Cuyahoga Falls, and the then boom- ing village of Munroe Falls, a population of 1,533; the census of 1880 giving her, exclusive of Cuyahoga Falls, 911; while the cen- . sus of 1890 credits her with 936, so that it will be seen that while there may have been a slight shrinkage between 1840 and 1880, she has rather more than kept her own during the last decade.

The present official roster of the township (1891) is as follows: Trustees, Charles Edward Hanson, Levi Swinehart, Charles N. Gaylord; clerk, William Nickerson; justices of the peace, Ira B. Fairchild, Henry B. Graham; constables, Fay G. Davis, Frederick Barnard; postmasters: Metz, Edward A. Seasons; Munroe Falls, C. C. Reid.

CHAPTER XLIX.

MUNROE FALLS-BOSTON CAPITALISTS PROJECT A GREAT MANUFACTURING CITY-ITS RISE, PROGRESS AND DECLINE-ITS PROTEGE, EDWARD P. WILLIS, CHARGED WITH AN INFAMOUS CRIME-TRIAL, CONVICTION AND SENTENCE -SECOND TRIAL AND CONVICTION-ESCAPE FROM JAIL AND SIX WEEKS' HIDING IN HIS ATTORNEY'S CISTERN-FLIGHT TO ITALY -RETURN TO AMERICA AS BUSINESS MANAGER FOR THE NOTORIOUS LOLA MONTEZ, "COUNTESS OF LANSFELD"-SUMMARY EJECTION FROM HER PRESENCE AND SERVICE-PREMATURE DEATH, ETC.

A CITY THAT WAS, BUT IS NOT.

BOUT two miles northeasterly from the enterprising village A of Cuyahoga Falls, near the south line of the township of Stow, is a small, but pleasant hamlet, known as Munroe Falls. It is located upon the Cuyahoga river, and exists by reason of the considerable water power afforded by the fall in the stream in that immediate vicinity. In the early thirties, manufacturing enter- prises, at points where water power was attainable, had nearly reached their limit in New England, and eastern capitalists began to explore the then far west for eligible locations for investment of their surplus means, and the augmentation of their wealth and fame. Middlebury, Akron, and Cuyahoga Falls, had already secured considerable reputation as manufacturing centers, while at many other contiguous points, grist-mills, saw-mills and carding and fulling mills, or woolen factories, had been put in operation by local enterprise.

THE BEGINNING .- At the point in question, under the name of "Florence," several small mills of this character had been erected by local operators, several years before anything had been done or thought of at Akron, and about contemporary with the first improvements of a similar nature at the upper, or old, village of Cuyahoga Falls, a mile or so above the present business center of that village. But early in March, 1836, Edmund Munroe, a wealthy merchant of Boston, Mass., bought from Guy Wolcott, George Lodge, Zebulon Stow, and other farmers of the neighborhood, sev- eral hundred acres of land, including the water-power, mills and other improvements thereon existing. About 200 acres of these lands were immediately platted, and a handsome map prepared and published of the proposed village, or prospective city of "Munroe Falls." A commodious store was erected, and stocked with a full assortment of general merchandise; old mills were rejuvenated, new mills projected and quite a number of dwelling houses were erected by Mr. Munroe, for the use of his agents and operatives, and by others to whom lots in the new city had been sold. So rapid was its growth, and so great was the popular con- fidence in its success, that several of the prosperous farmers of the neighborhood, together with several other eastern gentlemen, pro- posed to share the glory, as well as the profits, with Mr. Munroe, by the organization of a joint stock company. Accordingly, on the

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INCORPORATORS-BANK, ETC.

3d day of April, 1837, a charter was granted by the Legislature of Ohio, to Edmund Munroe, Isaac I. Bigelow, Oliver O. Brown, William H. Munroe, and their associates, until the year 1860, to be known by the name of the "Munroe Falls Manufacturing Com- pany." By the terms of its charter, the company was authorized "to grow and manufacture silk and wool, and also to manufacture cotton, paper, flour, sugar, machinery, and tools of all descriptions which may be necessary in their manufacturing operations," and with an authorized capital stock of $500,000 in' shares of $100.00 each. The working capital, to begin with, was fixed at $100,000, of which amount, as appears by the original stock book now in the hands of the writer, $82,000, was subscribed, in sums ranging from $200.00 to $40,000, as follows: Edmund Munroe, $40,000; Isaac I. Bigelow, $4,000; Oliver O. Brown, $4,500; William H. Munroe, $3,000; Owen Brown, $1,000; Henry Cogger, $1,000; Edmund S. Munroe, $10,000; Joseph Anderson, $2,000; Robinson Truesdale, $1,500; Joseph Hine, $1,000; Herman Peck, $300 ;. Jacob Bollinger, Jr., $200; John B. Whedon, $500; Daniel Porter, $300; Parvin Eves, $500; William Armstrong, $500; James B. Angell, $500; Henry Harshbarger, $500; Hiram C. Carlton, $500; James Anderson, $400; Jonas D. Bigelow, $500; William Stow, $1,200; Samuel M. Coombs, $1,000; John Hall, 2d, $300; James Kent, $1,000; Ogden Wetmore, $1,000; Martin Bushnell, $300; Horace Bushnell, $300; William Hickox, $300; Owen B. King, $200; Lewis Dailey, $1,000; Ralph Smith, $1,000; Benjamin Sewall, $1,000; George D. Munroe, $1,000.

It will thus be seen that the Munroes held a majority of the stock, and no doubt was entertained in regard to the final success of the corporation, and the rapid and prosperous growth of the new city. The entire plat, together with all buildings, machinery, goods, bills payable, crops, farm produce, teams, live stock, etc., belonging to Edmund Munroe, valued at $71,631, was transferred to the company. By-laws were adopted-directors and officers were elected, and the entire machinery of the corporation was under full momentum early in the Summer of 1837.

THE COMPANY STARTS A "BANK."-Elsewhere allusion has been made to the great panic of 1837, during which all the banks of the country suspended specie payment, and a very large num- ber entirely collapsed, while dire financial distress, in commercial, manufacturing and agricultural operations, universally prevailed. In this emergency, like many other similar corporations, the Mun- roe Falls Manufacturing Company, to facilitate its own business operations, as well, perhaps, as to afford financial relief to its patrons and neighbors, issued neatly engraved and printed scrip, in denominations of 10, 25 and 50 cents, and one and two dollars, payable on demand, in current bank notes, when presented in sums of five dollars, or any multiple of that sum. For a year or two, these notes, with others of their class, circulated freely, and very greatly facilitated the company's mercantile and manufact- uring operations, during which time, in addition to quite an exten- sive retail trade in general merchandise, was added a wholesale department. From this establishment, merchants from neighbor- ing towns and villages were supplied, at about eastern jobbing prices, with prints and other cotton fabrics of New England man- ufacture. The company fairly held its own for three or four years, when, by reason of the continued business depression, and

1030

AKRON AND SUMMIT COUNTY.

its inability to realize upon the almost unlimited credit which had been extended to its customers, it became financially embarrassed, and finally bankrupt, large amounts of its "currency" in the hands of the people proving entirely worthless.

ITS CHIEF CLERK COMES TO GRIEF .-- Among the operatives and employes of the company, was a young Bostonian by the name of Edward P. Willis, who occupied the position of chief- clerk in the store of the corporation. This young man was a younger brother of the renowned poet, Nathaniel P. Willis. Young Willis was of rather a gay order-somewhat of the modern dude persuasion-and it was rumored that, leading rather a fast life in the city of Boston, his friends had sent him to Ohio, under the auspices of the very respectable representatives of that city, con- nected with the company, in the hope of effecting his reformation .. Be this as it may, certain it is, that in 1844, he is thrown into. prison, charged with an infamous crime. The cause of his appre- hension may be thus readily stated: Being in 'attendance upon the commencement exercises of Western Reserve College, at Hud- son, on the 8th day of August, 1844, young Willis was introduced to a young lady from Ravenna, by the name of Clara M. Bard, who, with her brother-in-law, Deputy Sheriff Edward P. Bassett, and her sister, Mrs. Cornelia Bassett, were also in attendance. In addi- tion to the commencement and graduating exercises, in the day- time, a musical entertainment was given in the college chapel in the evening, to which entertainment Miss Bard was accompanied by Willis. Learning, during the evening, that it was the intention of the Ravenna party to spend the night with friends at Cuyahoga Falls, Willis proposed that if Miss Bard would accept a seat in his- buggy, he would go home by way of Cuyahoga Falls, which propo- sition was assented to, by both Miss Bard and her friends. Start- ing from Hudson together, Willis soon out-distanced the Bassetts, though the latter arrived at their destination some time before the former did, occasioning the friends of the young lady considerable anxiety, and no little alarm. Nothing wrong, however, was sus- pected, until after the return of the party to Ravenna, the next day, when Miss Bard was found to be in such a state of nervous prostration that her friends commenced an investigation of the cause, eliciting from her the story, that somewhere between Hud- son and Cuyahoga Falls her escort had turned off from the main road, into a dense piece of woods, where he had made a criminal assault upon her, and that in the desperate struggle which she had made to prevent the accomplishment of his designs, she had sustained serious bruises upon her back and limbs, as well as a terrible strain upon her nervous system.

ARREST AND EXAMINATION .- On learning the true state of the case, the young lady's brother, Mr. Rodolphus Bard, of Ravenna, visited Cuyahoga Falls, on the 10th day of August, 1844, and filed an affidavit before Birdsey Booth, Esq., one of the justices of the peace for Tallmadge township, charging said Willis with assault with intent to ravish the said Clara M. Bard. A warrant was immediately placed in the hands of Constable Warren Lane, who at once proceeded to Munroe Falls and, taking the accused into- custody, escorted him before Justice Booth, to answer to said charge. Pleading not guilty, on hearing the affidavit read, the examination was postponed until August 13, at 10 o'clock A. M., by

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TRIAL, CONVICTION, SENTENCE.

reason of the illness of Miss Bard, and in default of bail for his appearance at that time Willis was committed to jail.

On the day named Miss Bard and her mother, Anna M. Bard, and her brother-in-law, E. P. Bassett, were sworn and examined. The defendant, offering no testimony, he was held to bail in the sum of $5,000 for his appearance at the September term of the Court of Common Pleas to answer to said charge, in default of which he was remanded to jail.

It may well be imagined that the excitement over the affair, both in Summit and Portage counties, was intense, which was considerably augmented by the fact that the young lady in giving her testimony had fainted entirely away, with the prospect, for a time, that the swoon might prove fatal. While the public sym- pathy in the two counties, was decidedly with Miss Bard, with corresponding indignation against her alleged assailant, the friends of the accused were also quite numerous and influential, not only providing him with able counsel and every available appli- ance for his defense, but also laboring to mollify the public feeling and to induce the aggrieved parties to modify their charges and condone the offense.

BEFORE THE COURT OF COMMON PLEAS .- At the September term, 1844. of the Court of Common Pleas, Hon. Eben Newton, of Canfield, Mahoning county, presided, assisted by associate judges Charles Sumner, of Middlebury, Hugh R. Caldwell, of Franklin township, and Robert K. DuBois, of Akron. The grand jury, after a most careful and searching investigation, returned a true. bill of indictment against the accused in the following words: "That Edward P. Willis, on the 8th day of August, A. D., 1844, with force and arms, at Northampton, in the county of Summit aforesaid, in and upon one Clara M. Bard, a female in the peace of the State of Ohio, then and there being, did make an unlawful assault, and her the said Clara M. Bard, did then and there unlawfully beat, wound, and ill-treat, with intent then and there, unlawfully to ravish and carnally know, to the great damage of her, the said Clara M. Bard, contrary to the form of the statute in such case made and pro- vided, and against the peace and dignity of the State of Ohio."

On being arraigned, under the indictment, the defendant enters a plea of "not guilty," and, in the language of the law, "throws himself upon the country." A large number of witnesses were examined, the court room being crowded to its extremest capacity, with a most intensely interested audience, both men and women. The main interest, of course, centered in the testimony of the accusing witness, Miss Bard, who, by reason of the delicate position in which she was placed, and the embarrassing nature of the questions propounded, again, as before the magistrate, swooned during the extremely severe cross-examination, to which she was subjected by the defendant's counsel, though maintaining a straight-forward and consistent story, throughout.

CONVICTION AND SENTENCE .- The testimony being all in, the case was ably argued by Rufus P. Spalding and S. W. McClure, who were assigned to assist William M. Dodge, prosecuting attor- ney, on the part of the State, and by L. V. Bierce and Van R. Humphrey on the part of defense. After an elaborate charge by Judge Newton, the case which had occupied the attention of the court for nearly a week, was given to the jury, which, after a few

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AKRON AND SUMMIT COUNTY.

hours' consideration, returned " that the said Edward P. Willis is guilty in manner and form as he stands charged in said indict- ment." The defendant's counsel immediately moved for a new trial on the ground that one of the jurors had expressed an opin- ion against the prisoner, previous to the trial, which fact was unknown to the defendant or his counsel before the case was given to the jury; and also because of error in the charge of the court to the jury. The court, after hearing arguments of counsel for and against, overruled the motion and immediately sentenced the prisoner to five years in the penitentiary.

A bill of exceptions was presented by the defendant's counsel, which was signed by all the judges, except Judge Sumner, who declined to attach his signature to the bill because of the impeach- able character of the witnesses who had testified in regard to juror having expressed an opinion previous to the trial. On this bill of exceptions, Hon. Reuben Wood, one of the judges of the Supreme Court, on the 7th day of October, 1844, granted a writ of error, and ordered a transcript of the writ to be certified to the Supreme Court for review.

HEARING BEFORE SUPREME COURT .- Willis, notwithstanding his large array of influential friends, being unable to procure bail, continued to occupy a felon's cell in the county jail, awaiting the hearing of his case before the Supreme Court, which, under the old system of jurisprudence, being a circulating institution, did not get around to Summit county until the 6th day of October, 1845, Judges Reuben Wood and Matthew Burchard presiding. On the case being reached, the alleged causes of error in the proceed- ings below were duly presented, and the case ably argued by counsel for both the defense and the State, a portion of which alle- gations were sustained by the court and the case remanded to the Court of Common Pleas for a new trial.

At the November term of the Court of Common Pleas, 1845, the defendant was again brought to trial, commencing on Monday, November 24, and occupying the attention of the court during the balance of the week, the attendance being as large and the excite- ment even greater than on the former trial, the State being this time represented by William S. C. Otis, prosecuting attorney, and S. W. McClure, and the defense by L. V. Bierce and Van R. Hum- phrey, as before; Judge Humphrey's plea for the accused, being one of the most eloquent efforts ever made in Summit county and occupying over six hours.

Under the charge of the court the case was given to the jury on Friday, November 28, who, after nearly twenty-four hours' deliberation, late on Saturday afternoon rendered a verdict of guilty, as charged in the indictment. Defendant's counsel again immediately moved for a new trial and change of venue, on the ground of misconduct on the part of several of the jurors, and of undue prejudice against the prisoner among the people of Summit county. The hearing of the motion was postponed until Friday, December 5, on the early morning of which day the town and entire vicinity were thrown into the most intense excitement by the rapidly spreading report that "Willis has escaped from jail."

Investigation disclosed the fact that, probably through outside aid, the outer doors of the jail, and three of the cell doors, had been unlocked by means of false keys, during the previous night,

1033

DECLARATION OF INDEPENDENCE.

and that Willis and another prisoner, charged with forgery, had escaped-the third prisoner, William Buckmaster, of Bath, under a six years' sentence for incest, for sonie unexplained reason, fail- ing to take advantage of the opportunity thus afforded him for securing his liberty.

On the coming in of court, counsel for defense filed several affidavits, including those of three of the jurors who had tried the case, and counter-affidavits were also produced by Prosecuting Attorney Otis, all of which, owing to the escape of the prisoner, were submitted without argument, whereupon the motion for a new trial and change of venue was overruled and the case continued.

A UNIQUE DOCUMENT .- In anticipation of his escape, and as a stupendous joke upon the officers of the law, Willis left behind him a formal "Declaration of Independence," which, in his own handwriting, is now in possession of the writer. It is a close imi- tation of the immortal Declaration of American Independence, after giving, as his motto, "If we fail, it can be no worse for us, but we shall not fail," starting out with:

" When in the course of human events it becomes necessary for one person to dissolve the legal bonds which have been unjustly imposed upon him by others, and to assume among mankind the separate and equal sta- tion to which the laws of Nature and of Nature's God entitle him, a decent respect to the feelings of others who may be interested, requires that he should declare the causes which impel him to the separation."

Quoting almost verbatim the second section of the Declara- tion as to abuses, usurpations, etc., as applicable to the attitude of the public, and especially of the court officials, towards himself, he proceeds: "To prove this, let facts be submitted to a candid world :

"They have unjustly entered our house at midnight, filled our room with men and called upon us, in the presence of this force, to go to a neigh- boring village.

"When arrived and, on hearing the charge, demanding an immediate investigation, it was refused, and bail ordered to be given on penalty of being committed to prison.

"On going, in custody of the officer, in pursuit of bail, a mob was raised and we were dragged back before the justice, who, under the threat and terror of the mob, increased the bail, first to more than three times and eventually to more than sixteen times the original amount.

"Every effort was made to frighten the officer out of the discharge of his duty to our injury and the perversion of justice.

"The charge consists mainly of an intent, of which no one, unless he have directly imparted to him the divine prerogative, can know, but ourself.

"To prove this charge a witness is called to substantiate by oath a statement made by her in the heat of the moment to meet a wrongly sup- posed betrayal of her secret by us, and which statement is as untrue in its material points, as it is repugnant to every feeling in the breast of a human being.

"All the testimony of the prosecuting witness is received in full force, and it is believed that she does not tell half the truth, while we, less inter- ested, and of necessity knowing more about it, have our mouth sealed.

"The position in which we are placed, that of antagonism to a woman, is an extremely unpleasant and embarrassing one in which chivalry forbids a proper defense, while the consequences of not making one are utter ruin.

"Improper means were used to influence and excite the feelings of an innocent and unsuspecting jury, by an unseemly display of this well-trained and fascinating female, in a theatrical and effective tableau. A fainting scene was twice got up for effect in the progress of the testimony, leaving an impression on the minds of the jury that there was something kept back much too horrible to mention.

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AKRON AND SUMMIT COUNTY.

"Finally, destruction without proper representation, and damnation on misrepresentation, are equally abhorrent to every rule of justice, and every sense of right, and should be resisted to the utmost by every good citizen and every friend of his country.

"We, therefore, in unjust confinement held-appealing to the Supreme Judge of the world for the rectitude of our intentions-do, in our own name and authority, solemnly publish and declare that we are, and of right ought to be, free and independent.

"And for the support of this declaration, with a firm reliance in the. protection of Divine Providence, we singly pledge our life, our fortune and our sacred honor."

[Signed] EDWARD P WILLIS."

A CURIOUS HIDING PLACE .- The county commissioners offered the meager reward of $100 for his arrest and return, and the offi- cers made every possible effort to trace the fugitive, but without. avail. Many rumors were afloat as to his having been seen at this. and that point, both in the east and west, which, on being traced up, were found to be without foundation. The case was continued from term to term for over five years, when at the March term, 1851, a nolle prosequi was entered by the court. This left Mr. Willis free to come forth from his hiding whenever he might choose to do so, and his counsel to tell what they might know concerning his escape and flight.

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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