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 143

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 143

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

1146

AKRON AND SUMMIT COUNTY.

military commander for Northern Ohio, and between Gen. Wads- worth and Judge Samuel Huntington, of the Supreme Court, at Cleveland; several personal interviews also being had between Judge Huntington and Chief Seneca, in behalf of the tribe of Indians involved in the difficulty.

The people of Deerfield demanded that John Mohawk, the shooter of Diver, be delivered up for trial; the Indian Chief as strenuously insisting that Darrow and Williams should also be arrested and tried for the killing of Nickshaw, and promising to surrender Mohawk when legal steps for the punishment of the white murderers should be taken. Seneca, in his talks with Judge Huntington, Major Carter and others, said he did not want to go to war; he simply wanted justice. Nickshaw had been murdered; shot in the back, while fleeing for his life. He, with Major Carter and Mr. Campbell, had gone to the place where Nickshaw was killed, and had buried him. There was no evidence of any struggle, and Nickshaw had fallen in his tracks with the bullet hole in his back. Seneca sententiously remarking: "Indian may lie; white man may lie; but snow tell no lie," and adding that all he wanted was, that "the same measure of justice should be dealt out to the Indian as to the white man."

The excitement finally died away, and neither Mohawk nor Williams or Darrow were ever brought to trial, though it was a long time before the parties were restored to their former friendly relations; the event, taking all the circumstances into consider- ation, furnishing additional proof that the greater portion of the trouble between the early white settlers and the Indians grew out of the fact that the former were not as ready to do justice to the latter as to exact it from them.

MURDER OF NATHAN CUMMINS, A CANAL DRIVER .- Though a lit- tle out of its chronological order, the following account of a wan- ton homicide, perpetrated within the present limits of Summit county, may properly come in here. On the night, of the 8th day of September, 1832, a dissipated fellow by the name of Abner S. Barris, living in a log shanty on the west side of the Ohio canal, near Old Portage, got upon the canal boat "Victory," some dis- tance below, to ride up as far as his own place. On the way he got into a wrangle with the hands upon the boat, accusing them of stealing his wood, demanding pay for the same, etc., and was put off the boat, in which operation he was either purposely or accidentally thrown into the water, by the steersman, whose name was Hart Lepper. Threatening vengeance upon Lepper, he dis- appeared into the bushes, in the direction of his house.

Later in the night he appeared upon the bank of the canal, further south, carrying a gun, and hailing the steersman of the downward bound boat, "Fair American," inquired for the boat upon which he had been riding, saying that they had stolen his wood, pushed him off the boat into the canal and snapped a gun at him, and that if they wanted bush-whacking, he would give them plenty of it, for he had a gun and plenty of ammunition, and knew how to use them, too. When the "Fair American" reached the lock, below Old Portage, an up-bound boat was found in the lock, and while waiting there, the report of a gun was heard by the two crews, it being presently discovered that the driver of the up-bound boat-the "Victory"-a boy about seventeen years old, by the name

1147

MURDER IN THE SECOND DEGREE.

of Nathan Cummins, belonging in Cleveland-had fallen from his horse, fatally shot through the neck.

Barris was, of course, immediately suspected, followed and captured, while skulking in the bushes, near his own shanty. He was brought to Akron, and being examined before Justice Jacob Brown, was committed to the Portage county jail, at Ravenna, to answer to the charge of murder. At the May. term, 1833, of the Court of Common Pleas for Portage county, an indictment was found against Barris, charging him with deliberate and premedi- tated murder. To this indictment Barris entered a plea of not guilty, and elected to be tried in the Supreme Court, to convene early in the following September.

TRIAL IN SUPREME COURT .- The Supreme Court, for Portage county, for 1833, convened at Ravenna on Monday, September 2, with Judges Ebenezer Lane, of Norwalk, and John C. Wright, of Cincinnati, upon the bench. L, V. Bierce, then prosecuting attorney for Portage county, and Hon. Peter Hitchcock, of Geauga county, appeared on behalf of the State, the defendant being repre- sented by Van R. Humphrey, Esq., of Hudson, and Eben Newton, Esq., of Canfield.

The trial was short, only eleven witnesses being sworn and examined on both sides, the entire proceedings, including the empaneling of the jury, examination of witnesses, arguments of counsel, charge of Court, verdict of jury and sentence of prisoner, occupying less than two days, being in striking contrast to the "long drawn out" trials in similar cases in these modern days. The killing of the boy was not denied by either Barris or his attorneys; the former, on being brought to the hotel of William Coolman, Jr., on his arrival from Akron, saying to that gentleman, who had previously known him, that "it was not Barris, but it was whisky that did it." The principal effort of counsel for the defense was to bring the offense down to manslaughter; but the jury, under the able charge of Judge Lane, brought in a verdict of murder in the second degree.

Judge Lane immediately pronounced sentence upon the pris- oner as follows :

"ABNER S. BARRIS :- You have been found guilty, by a jury of your own selection, of murder. In most countries, for this offense you would pay the forfeit of your life ; but under the benign provisions of that section of the statute under which you are convicted, you do not forfeit your life ; but the law adjudges you unworthy longer to associate with your fellow citizens. This law leaves with the Court no discretion. We have no alternative but to deprive you of your liberty for the remainder of your life. Your sentence, therefore, is that you be taken hence to the Penitentiary of the State of Ohio, and that you be there confined at hard labor, for and during the remainder of your natural life."

No effort was ever made for his pardon, and Abner S Barris, forty years of age at the time of his conviction, fully expiated the offense committed by him while under the influence of that incar- nate devil, of all earthly devils, whisky, by faithful service to the State until released by death, February 3, 1842, just eight years, four months and five days from the date of his incarceration.

CHAPTER LVII.

SOME SHARP DETECTIVE OPERATIONS-WEALTHY FARMER TURNS DETECTIVE TO AVENGE THE MURDER OF HIS BROTHER-IN-LAW -FOLLOWS THAT CALLING AS A DUTY TO SOCIETY-MARSHAL WRIGHT "ARRESTS" HIM AND MAYOR NASH "COMMITS" HIM ON THE "CHARGE" OF FORGERY - TWO DAYS AND NIGHTS IN A FELON'S CELL-HIS DISCOVERIES WHILE IN JAIL -HIS RELEASE ON "BAIL"-TAKES WITH HIM A LETTER OF INTRODUC- TION TO THE BROTHER OF AN ALLEGED COUNTERFEITER -MAKES THE ACQUAINTANCE OF SAID BROTHER AND HIS PALS-CONTRACTS TO PUR- CHASE A BURGLARIZED STOCK OF BOOTS AND SHOES FROM' THEM -FAILS TO KEEP HIS APPOINTMENT, BUT OFFICERS WRIGHT AND TOWNSEND PROMPTLY ON HAND-THE BURGLARS ARRESTED WITH THE "SWAG" IN THEIR POSSESSION -TRIED, CONVICTED AND SENTENCED TO THE "PEN" FOR THREE YEARS-DISCOVERY OF PLOT TO ROB THE TREASURY OF SUMMIT COUNTY -ROBBER CAUGHT IN THE ACT-TRIAL, SENTENCE AND CONVICTION - EXTENSIVE GANG OF COUNTERFEITERS BROKEN UP, ETC .- SOME DECIDEDLY "CLEVER" WORK BY "HOME TALENT."

A VOLUNTEER DETECTIVE.

T THOUGH not claiming to have much detective talent myself, it was nevertheless my good fortune to have assisted in some very clever detective operations, during my first two terms as Sheriff of Summit county, from November, 1856, to January, 1861. A year or two previous to my accession to that office, the brother- in-law of a wealthy and enterprising farmer, near Loudonville, in Ashland county, had been killed in a neighboring city, by being struck on the head with an iron dray-pin. The authorities of the county where the crime was perpetrated failing to trace the murderer, our farmer friend, whose name was E. W. Robeson, started out upon a line of detective operations on his own hook. Though not'succeeding, after long and patient search, in running down the slayer of his kinsman, yet he obtained such an insight into the existing crookedness of the day, that for the benefit of society at large, he gave himself up, almost exclusively, to the detection and exposure of crime, and in aiding the authorities of his own and contiguous counties, in bringing the rascals of their several localities to justice and merited punishment, and that, too, without compensation or expectation of pecuniary reward, other than his actual expenses when operating away from home.

With this justice-loving gentleman Marshal J. J. Wright and Constable James Burlison had become acquainted, and had often co-operated with him in ferreting out crimes in several of the counties to the south and west of us; the latter gentleman at one time actually buying out, and for some time running, a saloon in one of the most notorious "Rogues' Hollows" in Holmes county ; and in the denouement of whose discoveries, and consequent police requirements, Marshal Wright, Deputy Sheriff Townsend and Constable David A. Scott took a prominent and exceedingly lively hand.

1149

EARLY DETECTIVE OPERATIONS.

"WORKING" THE COUNTY FAIR .- Among the large number of huckster's stands at the ninth annual fair (October, 1858) of the Summit County Agricultural Society, upon their original six acre grounds, on South Main street, opposite the present Rubber Works and Match Factories, was one kept by a man by the name of J. M. Foster, hailing from Franklin Mills (now Kent), in Portage county. Something about the fellow had early attracted the attention of the officers who were policeing the grounds, but no overt act, on which an arrest could be based, was detected until · towards night on the last day of the Fair. Then Marshal Wright and Constable Burlison caught him in the act of passing a coun- terfeit two dollar bill upon a young man from the country, took him into custody, and lodged him in jail.

Marshal Wright having already had some inkling of the crooked propensities of the Fosters, of Franklin Mills, thus having one of them in limbo, thought it would be well enough to apply the "pumping" process to him, and accordingly wrote to Mr. Robeson to come to Akron at once, which summons was promptly responded to.

AKRON'S ORIGINAL "EEL POT." -- At that time the late Frederick A. Nash was mayor of Akron, and to fully carry out our plans, as in "council of war" agreed upon, he was taken into our confidence and promised us a hearty co-operation. At that time, too, the Hanscom brothers-George, Charles and David-were the keepers of the principal grocery and family supply store of Akron, in their new brick block, on the northeast corner of Howard and Market streets. This grocery store was the evening loafing place of that time-the original "Eel Pot" of Akron-and among the numerous other loafers there congregated on a given evening, were Marshal J. J. Wright and Sheriff S. A. Lane.

While old-time jokes and antique "chestnuts" were being rapidly fired at each other by the congregated "eels," a rather rough-looking stranger entered the store and "Dave" Hanscom pulled himself out of the charmed (or, more properly speaking, charming) circle, and stepped towards the front to wait upon his new customer. Calling for a paper of "fine-cut," which "Dave" produced, the stranger threw upon the counter a two dollar bill in payment. Glancing at it, "Dave" indignantly exclaimed :

"You don't think I'm big fool enough to take such stuff as that, do you ?"

"Why, 'aint that good ?" innocently inquired the stranger. "I took it from the captain of the boat I come from Cleveland on."

"Good! Thunder, no! A blind man could see that that was counterfeit, by just feeling of it !" replied "Dave."

By this time the attention of the "eels" was attracted to the conversation between "Dave" and the stranger, and Marshal Wright hastily stepped forward, saying: "Here, let me look at that," and after scrutinizing the bill a moment, said : "Yes, that's counterfeit, fast enough!" Then, looking at the stranger, the . Marshal exclaimed : "Hello, you're just the man I've been looking after for some time!" and pulling a pair of handcuffs from his pocket, undertook to slip them upon the wrists of the stranger. This was vigorously resisted, however, and quite a tussle ensued, · but the stranger was finally subdued and triumphantly escorted before the mayor.

1150

AKRON AND SUMMIT COUNTY.

"COMMITTED" TO JAIL .- The entire crowd of intensely interested "eels," the writer included, followed the marshal and his "pris- oner" to the office of Mayor Nash. The mayor gravely read the warrant to the "prisoner," charging him, under the name of "John Doe," "Richard Roe" or some other equally accurate cogno- men, with having forged the name of some other equally mythical personage to a bank check. To this charge the "culprit" put in an emphatic plea of "not guilty," and waived an examination, whereupon His Honor required him to enter into bonds in the sum of $1,000, for his appearance before the Court of Common Pleas, and in default of bail filled out a mittimus in due form committing him to jail. Saying that he would be all right as soon as he could get word to his brother, a wealthy merchant at Canal Dover, he started with Marshal Wright and myself for the jail- the handcuffs, of course, being removed on leaving the mayor's office and getting beyond the observation of the keen-sighted and highly interested "eels."

THE PUMPING PROCESS .- At that time every cell in the jail was occupied, and it would never do to put a "criminal" of that grade in so insecure a place as the "Debtor's Room" on the upper floor. So it was arranged to have the new man bunk in with Foster, as being the previous latest comer. Of course, the reader under- stands by this time that the supposititious forger is our detective friend, Robeson. Foster at once "took" to him, confiding to the stranger everything he knew about either himself or his friends, while in turn the stranger told Foster everything he knew, and probably several things that he didn't know.

A number of other prisoners also sought the confidence of the new, but jolly and wide-awake, "prisoner," and made certain reve- lations to him which were afterwards of great value to the officers, Robeson possessing one of the most retentive memories, as to names, places and dates, of any person that I ever knew. He remained in the jail, living upon regular jail rations, and submit- ting to prison regulations and accomodations, for two days, until, by a preconcerted signal, he intimated to me that he had thor- oughly mastered the situation, when I handed in to him what purported to be a letter from his brother, enclosing a certificate of deposit for $1,000 for him to deposit with the clerk of the Court, in lieu of bail, for his appearance for trial.

A COMPLETE SUCCESS .- On reaching my office, in the court house, Robeson gave to myself and Deputy Townsend a full history of his experience while in "durance vile." Foster told him that he had a brother at Franklin Mills, who with certain confederates, were carrying on quite an extensive store-cracking business, and who then had in their possession large quantities of different kinds of merchandise. To this brother Foster gave Robeson, under his prison cognomen, a letter of introduction, together with minute directions for the fabrication of a saw, with which to work himself out of jail, in case an indictment should be found against him.

Having a matter of business to look after in the neighborhood of Ravenna, I dispatched Deputy Townsend thither, with that well- remembered span of gray horses I then owned, taking Robeson with him to within a short distance of the village of Franklin Mills, with the understanding that he would pick him up at the. same point on his return to Akron the next morning. Though

1151

BURGLARS HANDSOMELY NABBED.

quite dark when he walked into the village, Robeson had no diffi- culty in finding the Foster domicile, so minute had been the direc- tions given him by his late room-mate in the Summit county bastile. On presenting his credentials, Robeson was received with open arms, as it were, by the brother and his family, including a brother-in-law confederate. During the evening they not only opened up to Robeson in regard to their crooked operations, but absolutely made arrangements to transfer to him, for a stipulated cash equivalent, a large quantity of boots and shoes, to be deliv- ered at the hotel in Clinton, in the south part of Summit county, at a given time.

HE FAILS TO "MATERIALIZE."-The day agreed upon duly arrived, and so did the "Commercial Travelers," with several large trunks full of boots and shoes. These were taken into the parlor of the hotel, while their team was taken to the barn by the ever-attentive hostler. But for some (to them) unaccountable reason their expected " cash customer " failed to put in appearance. Not so, however, with Marshal Wright and Deputy Sheriff Townsend. Having approached the village, on an indirect and somewhat obscure road, they had taken the precaution to leave the gray team a short distance out of town and had managed to reach the hotel unobserved. As they entered the sitting roon, though utter strangers to the Franklinites, those gentlemen instinctively scented danger and hastily retreated from the room -one breaking for the rear and the other for the front door of the hall. Wright overhauled the one just as he was passing through the back door, while Townsend froze to other as he was climbing over the railing to the front platform. They both struggled des- perately, but the officers were too much for them. They were securely ironed and, with their plunder, taken to Ravenna and delivered to the authorities of Portage county.

Of this arrest, the BEACON of February 16, 1859, (A. H. Lewis, Esq., editor), said :

"On Thursday last, Deputy Sheriff Townsend and Marshal J. J. Wright, arrested at Clinton, in this county, two men named Foster and Clark, charged with robbing the store of Coffin & Co., in Ravenna, some weeks ago. The prisoners, and some $100 worth of boots and shoes, which were recognized as belonging to Enos & Martin, of the former place, were taken to Ravenna, and as they waived an examination, Justice Conant held them in $1,000 each for appearance at the next term, for that burglary. In default they were com- mitted to jail. Our detectives are as keen at scenting scoundrels as terriers after a rat ; and they rarely fail, if any game is within their bailiwick."

TRIAL-CONVICTION-SENTENCE .- The two men thus hand- somely nabbed, were respectively named, William H. Foster and Charles Clark, and at the February term of the Court of Common Pleas of Portage county, for 1859, they were jointly indicted for both burglary and larceny, and for receiving and concealing stolen goods the property of the bootsand shoe firm of Enos & Martin. The proof as to their having actually entered the store, and per- sonally stolen and carried away the goods, being a little obscure, while the fact of their having the goods in their possession was abundantly evident, they were convicted upon the latter charge, only, and sentenced to the Penitentiary for three years each.

The reading of this article, if they are still living, and it should perchance fall under their observation, will probably give them their first inkling as to why their anticipated purchaser failed to

1152

AKRON AND SUMMIT COUNTY.

come to time, and how it happened that the Summit county offi- cers appeared upon the scene just in the nick of time to " gobble them up" with the evidence of their guilt so conspicuously palpable.

THE ORIGINAL FOSTER GOES SCOTT FREE .- The original Foster arrested by Wright and Burlison upon the fair grounds, for passing counterfeit money, was not indicted by the grand jury of this county, no other spurious money having been found about his person or belongings, and the evidence being not at all conclusive that he was aware that the bill passed by hini was other than genuine; but if he ever "caught on" to the little game that was played on him by "weuns" and our friend Robeson, it probably taught him not to "talk too much with his mouth "even to a sup- posed kindred spirit, occupying jointly with himself a felon's cell.

"LISHE" WAIT AND GEORGE SAPP .- Among Northampton's " celebrities," from 1850 to 1860, was "Lishe" Wait, who was not only extremely fond of whisky, but also possessed of an inordinate desire to finger other people's belongings. Though often in " durance vile" on serious charges "Lishe" was generally sharp enough to escape conviction, or at least get off with very light penalties. Far less sharp, but equally inclined to whisky-guzzling and crookedness, was George Sapp; one of their alleged joint oper- ations being the burglarizing of the house of Thomas J. French, and stealing therefrom the sum of $500 in money, on the night of August 27, 1854. For this crime they were indicted and tried, but though morally certain of their guilt the evidence was too obscure to warrant the jury in legally so finding and they were accord- ingly discharged.

This narrow escape did not cure their drinking or thieving propensities, and both were often in limbo on minor charges, Sapp being in jail on a thirty day's sentence for stealing a quantity of wheat from one of his neighbors at the time our detective was there, as above related. Though Robeson sought to confine his "pumping" operations to Foster, among the most pertinacious to pour his "tale of woe" and his schemes of vengeance into the detective's ear, was the aforesaid George Sapp.

GEORGE SAPP'S GRIEVANCES .- George had been unjustly dealt with; Lishe Wait had euchred him out of his share of the "Tommy" French swag; he had been several times unjustly imprisoned or sentenced for longer terms than his light offenses warranted, and he was bound to have revenge; when he got out of jail there would be a few bon-fires; several barns had already been touched off and several more would be; Akron had been pretty well scorched and would soon be lighted up again; the bar- rel factory made a hot blaze and he knew who touched it off, etc.

THE BARREL FACTORY FIRE .- For many years the millers of Akron had wholly depended upon the local coopers of the several adjacent townships for their supply of barrels, flour in those early days not being so largely sold in sacks as at the present time. This mode of supply not being reliable, and perhaps too expensive, a number of interested parties organized the Akron Barrel Com- pany sometime along in the middle of the fifties, and erected a fac- tory on the site lately occupied by the Miller Chain Works and Match Factory, and commenced the manufacture of barrels by machinery.

1153

COUNTY TREASURY ROBBER NABBED.

This scheme was regarded by local coopers as inimical to their interests; but it was not believed that the frequent threats of demolition which from time to time found whispered utterance, would ever materialize. On the morning of October 7, 1858, how- ever, the second day of the Fair of that year (the Fair grounds then being directly opposite on the east side of Main street), the barrel factory was burned under circumstances which rendered it almost certain that the fire was of incendiary origin; the company immediately offering a reward of $1,000 for the detection and con- viction of the incendiary.

Sapp's pointed allusion to the matter, in his confidential com- munications to Robeson, was strongly presumptive, to the local officers, that a clue to the perpetrators thereof might be reached through him. Accordingly, after the expiration of his sentence, the services of our whilom "forger," Robeson, were called into requisition. Sapp was visited in his native haunts, but though he talked freely in regard to his prospective crookedness, he was quite reticent about what he knew (if anything), in regard to the burning of the barrel works, further than that a certain young man, whose name he declined to disclose, had been hired to set the fire, and that he had since gone west.

" BIGGER GAME" IN PROSPECT .- But one important scheme was. developed by the interview, which was no less than the project of robbing the county treasury by himself and two "other fellers"- well-known crooks-whom he named, which project was only awaiting the "dark of the moon" to be carried into execution. This declaration was deemed of sufficient importance, by the local officers, to be followed up. The treasurer's office then occupied only one-third of the space it now does, the sheriff's office being then upon the east, and the grand jury room upon the west; there being no vault in the treasurer's office then as now, the public funds being confided to the keeping of one of the old-fashioned boiler-plate safes; the only fastening to the single window of the room being a nail over the lower sash. In anticipation of the con- templated raid, a night watch was organized, consisting of the writer, Marshal J. J. Wright, Deputy Sheriff A. R. Townsend, Con- stables David A. Scott and James Burlison, Auditor Charles B. Bernard, and Deputy Clerk Alden Gage, who were to take turns in watching, the sheriff's office being the rendezvous, and well-sup- plied with buffalo robes, blankets, etc., to make us comfortable during the long cold wintry nights, no fire or lights in the room being permissible, while the most profound silence was deemed absolutely necessary.

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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