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THOMAS J. FRANCISCO, cigar manufacturer, South Front street. HARRY A. HINMAN, cigars and tobacco, South Front street.
RAILROADS. - Cleveland, Akron & Columbus, J. O. Davis, agent; The Pittsburg & Western, S. S. C. McGrew, agent.
WESTERN UNION TELEGRAPH COMPANY, Southi Front, Frank Ragsdale, manager.
CUYAHOGA FALLS POSTOFFICE, John C. Reid, postmaster.
TELEPHONE EXCHANGE, Miss Laura M. Hall, manager, Front street, connections with Akron and other neighboring telephone towns.
MISCELLANEOUS. - Albert R. Bates, contractor and builder; Matthew Crawford, horticulturist; John W. Culbertson, fruit stand near Glens; George Cunningham, pool room; C. A. Davis, solici- tor; William H. DeWitt. dining hall, etc., corner Front and Brown; Randall Douds, sample room; Daniel Duerr, small fruit grower; William Duerr, lunch room; L. C. Fenton, boarding house, fruit stand, etc., near Glens; George Fiedler, saloon, Broad; Fisher Brothers (William and Isaiah), saloon near Glens; David Rosen- bom, wines and liquors, South Front street.
Possibly some names and branches of business that should have been included in the foregoing list, have been inadvertently overlooked, but a sufficiency has been given to show that with all its misfortunes in the past, Cuyahoga Falls is decidedly a "live town" yet.
49
CHAPTER XXXV.
THE PARKS-BEATSON MURDER-ONE OF THE MOST COLD-BLOODED BUTCHERIES IN THE ANNALS OF CRIME-THE VICTIM RUTHLESSLY DECOYED TO HIS DOOM, BARBAROUSLY DECAPITATED, AND HEADLESS TRUNK THROWN INTO THE RIVER-BODY RECOVERED, BUT HEAD NEVER FOUND-FLIGHT, PURSUIT AND CAPTURE OF THE MURDERER-TRIAL, CONVICTION, SENTENCE AND PREPARATIONS FOR EXECUTION-WRIT OF ERROR OBTAINED AND NEW TRIAL GRANTED-EXCITEMENT OF THE POPULACE-CHANGE OF VENUE TO CUYAHOGA COUNY-SECOND TRIAL, CONVICTION AND SENTENCE-ATTEMPTS TO ESCAPE FROM JAIL-TWO DESPERATE ATTEMPTS AT SUICIDE-SPEECH ON THE SCAFFOLD-EXECUTION-SUIT BY WIFE AGAINST PROSECUTING ATTORNEY EDGERTON FOR $600 IN GOLD, SUPPOSED TO BELONG TO BEATSON, BUT CLAIMED BY HER-EDGERTON WINS THE SUIT-WONDERFUL ROMANCE OF CRIME.
[Though the parties to the horrible affair now to be written of were not, in the remotest sense, citizens of Cuyahoga Falls, the fact that the fearful crime narrated was perpetrated within her borders, and of the active part taken by her people in bringing the perpetrator of that crime to justice, makes it especially proper that the account thereof should follow the very full history of that village given in the preceding chapter.]
AN UNDESIRABLE ACCESSION.
Some time in the year 1838 there emigrated from England to America a reputed daring and desperate young poacher, highway robber and burglar, by the name of James Dickinson, then about 26 years of age. It was currently reported, but denied by him, that before he was 25 years old he had spent about seven years in prison. The climate of England at length becoming "too warm" for him, on account of the vigilance of the police, he took the alarm and fled to America, first going to Rhode Island and after- ward making his headquarters at or near Philadelphia.
A GHOULISH OPERATION .- While a resident of Rhode Island, he, with a confederate, robbed the grave of a rich ex-sea captain, named De Wolfe, reputed to have been buried in a silver coffin, but found the name-plate only upon the coffin to be of silver. This he appropriated, mutilated and sold, and being detected was thrown into prison. While thus confined, awaiting trial, he pro- cured a pair of pistols from a political prisoner (a participant of the Dorr rebellion), who was carelessly incarcerated without being properly searched, with which he intimidated the jailer and effected his escape. Being retaken he was tried on both charges and sentenced to two years' imprisonment on the first and four years on the last offense, the longer to include the shorter term.
On the expiration of his sentence he was concerned in a high- way robbery, in which his accomplice was arrested and convicted, but he escaped. From there he found his way to Philadelphia, in the vicinity of which he participated in several robberies and burglaries, in one of which-the robbery of the house of a wealthy inanufacturer named Kempton, at Manayunk, Pa .- he was
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PLANNING TO ROB HIS FRIEND.
detected, and being convicted, was imprisoned for a term of four years in the Moyamensing penitentiary. On the expiration of his sentence, under various aliases he visited Harrisburg, Pittsburg and other points, finally landing in Cleveland, about the year 1851, where, under the alias of James Parks, he opened a saloon, mak- ing, in connection with the pro tem. wife he had associated him- self with, so notorious a "dive" as to attract. the especial atten- tion of the authorities. In 1852, " Parks" revisited England, where he married his cousin, Betsy Dickinson, with whom, and her two brothers, John and George Dickinson, he again sailed for America, landing in New York early in March, 1853.
On the same vessel with the Dickinsons, was another English- man, by the name of William Beatson, a butcher by trade, who came with the party to near Buffalo. On parting, Parks gave Beatson his address: "James Parks, Inn-keeper, Cleveland, Ohio," urging him to come on to Cleveland, if things did not go to his liking in Buffalo.
A month later, Beatson left Buffalo to go to Pittsburg, arriv- ing at Cleveland, en route, on the morning of April 13, 1853. Here he found his friends, Mr. and Mrs. Parks, occupying apartments in a private boarding house, and he accordingly took up his quarters at the United States Hotel. Parks, however, was very attentive to him, taking him around among the saloons, and plying him liberally with liquor, taking dinner with him at a restaurant, and supper with him at the United States, Beatson not only paying all the bills, but displaying a large amount of money, mostly in gold coin, of which commodity, it was intimated at several places, by Parks, his friend was the posssessor of from $800 to $1,000 worth. During the day, Beatson had become very greatly intoxicated, but still held to his purpose of continuing on to Pittsburg that even- ing, which Parks endeavored to dissuade him from doing.
ROBBERY DELIBERATELY PLANNED .- Finding him resolute in his determination, Parks volunteered to accompany him, as guide and care-taker, which Beatson assented to. Tickets were accord- ingly bought, being paid for with Beatson's money, his heavy, iron-clad English chest, was duly checked, and the 7:30 evening train taken for Pittsburg. From the well-filled bottle provided by Parks, Beatson was, from time to time, plied with liquor, so that by the time the train reached Bedford, the latter was considerably drunker than when they started, while Parks, though taking as frequent pulls at the bottle, was comparatively sober. Soon after leaving Bedford, Parks "accidentally" lost his hat out of the car window, and persuaded Beatson to let him have his check and the key to his chest to get an extra cap which he knew could be found therein.
CHANGE OF PROGRAMME .- Finding and donning the cap of which he had gone in search, but in the light of subsequent events, not finding the coveted treasures which he knew, or supposed, his friend to possess, in the chest, a change of tactics was deter- mined upon. Accordingly, instead of remaining quietly in their seats, as Parks well knew they should do, to go to Pittsburg, on reaching Hudson he aroused his friend from the drunken sleep into which he had by this time fallen, and hustled him on to the Akron train, upon the opposite side of the depot. Of course, when the conductor came around, the "mistake" was discovered, and the
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AKRON AND SUMMIT COUNTY.
twain were set down at Cuyahoga Falls, in the midst of a driving rain, and at about 10 o'clock at night, the Pittsburg train having been delayed for some time at or near Macedonia by a fallen tree across the track.
Going from the depot to the American House, kept by Mr. A. W. Hall, the matter of getting back to. Hudson was discussed, and although, drunk as he was, Beatson wanted to stay at the hotel over night, and though assured, by Mr. Hall and others, that nothing could be gained by reaching Hudson in advance of the first train from Akron in the morning, Parks insisted upon footing ·it to Hudson that night, and at length, after taking several drinks at the bar, and from their bottle, the stronger will of Parks pre- vailed, and, as Mr. Hall was shutting up his house for the night, a little after 11 o'clock, the two men went out of the door of the hotel into the darkness and the storm.
A GHASTLY DISCOVERY .- Nothing further was seen of tlie inebriated and boisterous Englishmen during the night. But early the next morning, while a young man, named Henry F. Waters, was passing along the wagon road, leading from Cuyahoga Falls to what is now known as Gaylord's Grove, he was startled at discovering large splashes of fresh blood high up on one of the abutment walls of the railroad bridge, under which the wagon road passes, and upon the earth underneath. Following up the clew, marks of blood and other indications were found that a heavy bleeding body had been dragged along the road and thrown from the wagon bridge into the Cuyahoga river; a metal button of the same pattern as those worn upon the vest of the drunker of the two Englishmen, the stock which he wore, and the cane which he carried, together with the neck of a bottle corresponding to that from which they had so frequently drank on the cars and while at the hotel, the evening before, were also picked up near by.
HEADLESS BODY FOUND .- The alarm was immediately sounded and almost the entire population of Cuyahoga Falls rushed to the scene of the tragedy, and the wildest excitement prevailed. A thorough dragging of the river was at once inaugurated, resulting in bringing to the surface, a short distance below the bridge, a naked and headless body. Prolonged search, however, failed to. discover the severed head, though the clothing of the murdered man was found scattered about the adjacent woods and in the P. & O. canal, a short distance southeast of the river bridge, cut to pieces, as though the several garments had been searched for money secreted therein.
ON THE TRACK OF THE MURDERER .- Of course, the conclusion was irresistible that the mutilated body was that of the more intoxicated stranger of the car-exchange episode of the night before, and that he had been brutally murdered by his less inebri- ated, but stronger-minded, companion. An accurate description of the supposed murderer was immediately forwarded to Akron, Cleveland and other points. About the time the telegram was received in Akron, Mr. Tyler Robinson, a farmer living some three miles west of town, called upon Constable Merrick Burton to ascertain the genuineness of a five dollar bill which a suspicious stranger had early that morning paid to his neighbor, Mr. Willard Mathews, for the use of his horse and buggy and his hired boy, Hiram Cory, in being driven to Cleveland; while at about the
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TRACING THE MURDERER-ARREST, ETC.
same time the captain of a boat upon the P. & O. canal stated that late in the night a stranger, judged by his speech to be an English- man, had boarded his boat at Bettes' Corners, and after passing through the nine locks (lying down upon a large box and appar- ently going to sleep in the meantime), had left the boat near the Old Forge and gone down the Valley of the Little Cuyahoga.
Mr. Mathews' description of his liberal-handed customer tallying with that telegraphed from Cuyahoga Falls, and it also transpiring that the same stranger had taken breakfast with Mrs. Henry Horn, living opposite the Infirmary farm, at a still earlier hour-relating to Mrs. Horn and her daughter Matilda a funny anecdote during the meal-and had also endeavored to negotiate with Mr. James McAllister, a short distance beyond, to take him to Cleveland, Constables Merrick, Burton and J. J. Wright immediately procured as fast a rig as could be had in Akron, and started in pursuit, via Bath, Richfield, Brecksville, etc. The roads were heavy and rough, and being considerably delayed by the breaking down of their buggy, near Richfield, they did not overtake the fugitive, but on nearing Cleveland they met young Cory, and took him back with them to the point where, at his request, he had set his passenger down in the open street in Ohio City (now West Cleveland); but they were unable to trace him, the fugitive having some two hours the start of them, the officers at this time, of course, having no clew to the name or local habitation of the man they were pursuing.
Sheriff Dudley Seward also, on the same day, started in pur- suit, going by rail to Cleveland, taking with him such an accurate description of the supposed murderer, that the police of that city were speedily enabled to fix his identity as that of James Parks, former proprietor of one of the most disreputable saloons ever kept in that city, and but recently returned from England. The next morning the premises occupied by Mr. and Mrs. Parks were carefully searched, by Sheriff Seward and posse, and while finding no trace of Parks himself, they drew from Mrs. Parks the admission that he had stayed there the night before, but had again left early that morning. To add to their suspicion, the officers ascertained, during the day, that Mrs. Parks herself had hastily packed her personal effects, and, with her two brothers, John and George Dickinson, had started East, affecting great indignation at the suspicions against Mr. Parks, and declaring their intention of immediately returning to England.
ARREST OF THE ASSASSIN, HIS WIFE AND BROTHERS.
In the meantime the search for the murderer was continued with unremitting diligence by the officers of the law, and others, the county commissioners promptly authorizing Sheriff Seward to offer a reward of $500 for his apprehension. The vigilance of the authorities was finally successful, United States Deputy Mar- shal Joseph K. Tyler, of Buffalo, having spotted and taken him into custody, while working his way through that city, on Monday, April 18th, five days after the commission of the dreadful crime. Mrs. Parks and her two brothers were also arrested at Utica, N. Y., and brought to Akron. Upon the person of Parks was found between $40 and $50 in gold, and on Mrs. Parks and her brothers between $800 and $900, also in gold, making in all, with what had
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been paid out for passage money and other expenses, about $1,000, which was supposed to have been taken from the body of the murdered man.
The alleged murderer was brought froin Buffalo to Akron, by Sheriff Seward, and Chief of Police Mike Gallagher, of Cleveland, on Tuesday, April 19; the news of his arrest and progress towards the scene of his horrible crime, attracting large crowds of excited people at almost every station along the route. The prisoner being committed to jail, by Sheriff Seward, at his request the prelimi- nary examination was deferred one week, commencing, before Justice Daniel B. Hadley, assisted by Justice Abel B. Berry, and Mayor Philip N. Schuyler, on the 26th day of April, just 13 days. after the perpetration of the crime, and, though but few witnesses were introduced, occupied two full days, the court room being densely crowded throughout.
On the part of the State, Prosecuting Attorney Sidney Edger- ton, Esq., was assisted by William H. Upson, Nathaniel W. Goodhue, Roland O. Hammond and Edwin P. Green, Esqs., while the defense was conducted by William S. C. Otis, Christopher P. Wolcott, George Bliss and John A. Pleasants, Esqs. The counsel for the defense offered no testimony, and, without argument, the sitting magistrates remanded the prisoner to jail to answer to the charge of murder, at the June term of the Court of Common Pleas for Summit county.
SEARCH FOR THE MISSING HEAD .- It had been deemed impor- tant, for the full identification of the murdered man, that, if possi- ble, the missing head should be secured. To this end Sheriff Seward obtained permission from the canal authorities to draw off the water from the nine-mile level between the upper lock, at Bettes' Corners, and Kent, which was accordingly done, but without avail. The nine locks and intervening levels were also thoroughly explored, as far down as the Old Forge, at which point it was supposed the fleeing murderer had left the canal, and below which the Little Cuyahoga river was carefully dragged and raked, both by the authorities and private parties-the aid of spiritualism also being invoked-but without result, and the head was never found; though the prisoner himself, at a later stage of proceedings, offered to take the officers to the spot where he had thrown it into the Big Cuyahoga river, if they would conduct him thither. But as by this time the identity of the body had been admitted by defendant's counsel, and as from lapse of time the features of the dead man would hardly be recognizable, even if found, the offer was respectfully declined.
INDICTMENT, ARRAIGNMENT, ETC .- At the next term of the Court of Common Pleas, commencing June 14, 1853, with Judge Samuel Humphreyville, of Medina, upon the bench, the grand jury returned a true bill against the defendant, for murder in the first degree, embracing eight counts, as follows: 1st. That James Parks, alias- James Dickinson, did murder William Beatson, by sticking hin in the throat with a knife. 2nd. That James Parks, alias James- Dickinson, did murder William Beatson, by throwing a stone against his head. 3d. That James Parks, alias James Dickinson, did inurder William Beatson, by shooting him in the head with a pistol. 4th. That James Parks, alias James Dickinson, did murder William Beatson in some way or manner and by some means, instruments
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A CURIOUS DEFENSE.
and weapons, to the grand jurors unknown. The remaining four counts were the same as the above, except that the person murdered was to the grand jury unknown.
On Monday, June 20, 1853, the accused was brought into court for arraignment, and entered a plea of not guilty, whereupon a motion was made by his counsel for a continuance of the case until the November term of court, which was granted. The trial conll- inenced on Monday, December 26, 1853, before Judge Humphrey- ville, and the following array of jurors: Robert G. Marshall, of Norton; Houston Sisler, of Franklin; Peter Weeks, of Copley; Wel- lington Johnson, of Northfield; William C. Oviatt, of Tallmadge; Frederick Baldwin, of Hudson; James W. Wallace, of Northfield; Julius Humphrey, of Richfield; Talmon Beardsley, of Coventry; Isaac T. Welton, of Richfield; John C. Wallace, of Northfield, and Orrin P. Nichols, of Twinsburg. Judge Humphreyville assigned Messrs. Bliss and Wolcott to the defense, who were assisted in their labors by their respective law partners, Messrs. Pleasants and Otis, while Prosecuting Attorney Edgerton was assisted by Messrs. Up- son and Bierce.
THE THEORY OF THE PROSECUTION .- The statement of the case on the part of the prosecution, was made by Mr. Upson, setting forth the facts substantially as related above, only considerably more in detail, the theory of the prosecution being that on leaving the hotel at Cuyahoga Falls, Parks and Beatson started north on the wagon road leading to Hudson; that on reaching the intersect- ing road leading across the river, toward what is now known as Gaylord's Grove; they followed it to a point where it passes under the railroad, a short distance west of the river bridge; that they stopped to take a drink, and that while Beatson stood with head thrown back, in the act of drinking from a bottle, he was stabbed in the neck by Parks, the carotid artery being partially severed, and the blood spurting against the abutment stones as indicated, and saturating the ground where he fell, as he must have almost instantly done, after which the body of the murdered man was stripped, rifled, beheaded, dragged to the bridge and thrown into the river as stated.
SINGULAR LINE OF DEFENSE .- Mr. Otis then, to the general surprise, made a statement on the part of the defense, giving an apparently candid and truthful history of the accused from the time of his landing in America, at the age of 26 years, to his return from England to Cleveland in March, 1853, substantially as above given, also in substance, following the statement of counsel for the prosecution until the pair left the hotel at Cuyahoga Falls on the night of the murder. At this point Mr. Otis stated that on emerging from the hotel, instead of starting up thie wagon road towards Hudson, they crossed the river and started north upon the railroad track; that they fell into several cattle-guards, but that they crossed the railroad bridge, over the river, all right; that they proceeded but a few steps beyond the river bridge when they fell. Parks was much stunned, and when he came to he missed Beat- son, and went up on to the railroad embankment to search for him. Getting no response to his calls he again went below, and on groping around, first placed his hand on Beaton's thigh; then feeling along up, found his head to be warm, soft and wet; felt his pulse and found that he was dead.
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He then sat himself down to reflect; he knew that he would be suspected of murder, as · his past character was bad; his only safety seemed to be in concealment; he dragged the body to the bridge and thought that if he removed the head it would be more difficult to identify it; he stripped it of its clothing, tied Beatson's coat by the sleeves around his own waist, and proceeded to sever the head from the body, taking Beatson's own knife for the purpose; that, meeting with resistance from the bone of the neck, he drove the knife through with a stone; he then threw the body in the river, and took the head with him below, where he also threw that in the river; the clothing being disposed of wherever he could get rid of it, avoiding people as he passed along.
. Mr. Otis said that counsel at first doubted Parks' story, the substance of which he had stated, but on examining the ground and the facts, they had become satisfied of its truth, the theory of the defense being that in falling through the bridge Beatson had plunged obliquely head-foremost against the jagged stone abut- ment, crushing his skull and saturating the wall and ground with his blood.
THE TESTIMONY-ARGUMENTS-CHARGE TO THE JURY, ETC .-- On the conclusion of the statements, the jury were taken by Sheriff Seward to Cuyahoga Falls, to view the scene of the tragedy, accom- panied by Mr. Upson for the State and Mr. Otis for the defendant. On returning to the court house, the trial was proceeded with, occupying just 14 days. Thirty-one witnesses were sworn and examined on behalf of the State, and sixteen on the part of the accused; the main effort of counsel for defense being to show not only a possibility, but a probability, that Beatson's death was caused by his falling through the bridge as claimed, and the lack of motive on the part of Parks for the murder of his friend, by assum- ing that Parks and his wife and her brothers had plenty of money, while Beatson possessed comparatively but little. The argument of the prosecution was opened by General Bierce, occupying about one hour and a half. Judge Bliss opened for the defense in a speech of nearly ten hours, Mr. Wolcott occupying about the same length of time, and Mr. Edgerton devoting about four hours to the closing argument.
On Monday, January 9, 1854, at 2 o'clock P. M., Judge Humph- reyville delivered his charge to the jury, which was, in every respect, a well-considered, fair and impartial presentation of the law in the case, and the rules of applying the testimony which had been adduced upon the trial, together with a very lucid disser- tation on the nature and applicability of circumstantial evidence and a full and clear explanation as to what constitutes a reasona- ble doubt.
VERDICT-MOTION FOR NEW TRIAL .- On the conclusion of Judge Humphreyville's charge, the jury retired to their room at 3:30 P. M., and at 8:30 they announced to the sheriff that they had agreed upon a verdict, and the court and counsel were sent for. About 9 o'clock their verdict of murder in the first degree was announced; the prisoner looking each juror square in the face as he pronounced the fatal word "guilty," without the relaxation of a single muscle, or the slightest tremor of nerve.
The next day the prisoner was again brought into court, when Judge Bliss made a motion to have the verdict set aside, and the
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SENTENCE -- STATEMENT OF PRISONER.
venue changed to another county where an impartial trial might be obtained. Prosecutor Edgerton declined to occupy the time of the court in opposing the motion, and Mr. Wolcott spoke forcibly and eloquently, for about an hour, in its support. The court, with a few cogent and clearly expressed reasons, overruled the motion, and at once proceeded to pronounce
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