The Western Reserve and early Ohio, Part 16

Author: Cherry, Peter Peterson, 1848-; Fouse, Russell L
Publication date: 1921
Publisher: Akron, O., R.L. Fouse
Number of Pages: 360


USA > Ohio > The Western Reserve and early Ohio > Part 16


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Wayne remained here for three days destroying all the cornfields and burning all the houses for a long distance above and below the British Fort. Among those burned and destroyed were the houses, stores, warehouses and property of Col. McKee, British Indian Agent and renegade white. Concluding his report Wayne says, "Col. McKee was the principal stimulator of the war now existing between the United States and the savages." Wayne's toss in this battle was 83 killed and 100 wounded. Seven days after the battle, July 27, 1794, Wayne's army returned to Fort Defiance, laying waste the villages and cornfields of the Indians for about 50 miles on each side of the Maumee.


Col. McKee, Capt. Elliott and Simon Girty, rene- gade whites, were at this battle. Gen. Harrison says,


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"The Indians assembled at the Miami of the Lake, were completely equipped out of the King's store from the Fort and they were fed with regular rations from the King's stores and it must be admitted that the War of the Revolution continued in the Western Country until the peace of Greenville in 1795."


About 200 British volunteers and regulars fought with the Indians, among them two companies of Cana- dian Militia. . Among the chiefs in this battle we find that Blue Jacket led the British, Tecumseh the Shaw- nees, Little Turtle the Miamis, Tarhe the Wyandots and Capt. Pipe the Delawares. At this time the British had heavy garrisons in their forts which they still held at Niagara, Detroit, Maumee and other Western posts.


Thos. Lyon, Chief of the Delawares and a lieuten- ant to Capt. Pipe, said, speaking of Wayne, "Him be great Chief. He be one devil to fight. Me hear his dinner horn-way over there it go toot, toot-then way over the other side, go toot, toot, then his soldiers run forward-shoot, shoot. Indians run among logs and brush. Then come Long Knives with pistols and shoot, shoot. Indians run, no stop. Old Tom see too much fight to be trap-he run into woods-he run like devil- he keep run till he clear out of danger. Wayne great fight-brave white chief-he be one devil."


GEN. WADSWORTH'S ARMY OF OCCUPATION


During the war of 1812, a camp was established at Old Portage for the protection of the settlers of the Re- serve. The stationing of General Wadsworth at this place with an army, gave the settlers repose.


Before this in 1811, a large body of Indians under the command of Chief George, or Onondago George, as he was more popularly known, appeared on the Cuyaho- ga. That they were bent on trouble was evident from their surly actions. Chief George spent several days on the banks of the Cuyahoga, shaking his tomahawk and scalping knife and making threatening gestures. A few days later they suddenly disappeared. It is thought that Indian runners had reached him with the news of the battle of Tippecanoe. It was a well known fact that Indians received information days before the whites were able to do so. It then became clear to the settlers that these Indians were plotting to act their part in a great national tragedy, that of wiping out the white settlements of the Reserve.


It is undoubtedly true that a plan had been laid by Capt. Pipe, Jr., and his minor chiefs to massacre all the frontier whites. It is also true that they were deterred from the accomplishment of this terrible project by the defeat of the Indians at Tippecanoe. While here in 1811, Chief George had a constant out-look stationed on the high bluff west of the river, near where the canal lock at old Portage now is. That this plan of a general mas-


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ARMY OF OCCUPATION


sacre was only held in abeyance by the course of events we have ample evidence.


It was supposed by the Indians that the British marine forces would destroy the infant navy of Capt. Perry. Had this become an actual fact, the Indian allies would have ravaged the entire northern portions of the state. Civilization in Ohio would have been re- tarded and our National history changed in more than one particular.


Genl. Wadsworth and his army were ordered to the "Upper Headquarters," as the surveyors of 1796 and 1797 had named Old Portage. The post was established in September, 1812 and was regarded as a place of great importance throughout the war. In order to reach the seat of action in the northwest and be able to forward forces at a moments notice, Genl. Wadsworth ordered a road re-cut through the woods from Old Portage in a northwesterly direction to camp Avery, now Milan, Ohio, on the Huron River, a distance of sixty-five miles. This road was of great service to the American forces. It is in use to this day and is known as the "Old Smith Road," Genl. Smith while moving west on this, is said to have abandoned three brass field pieces, near Medina. These canon were buried to prevent a possibility of their being captured. A great many people have hunted for "Smith's Cannon," but they have never been found.


While Gen. Wadsworth lay at Old Portage, General Perkins and his army lay at Camp Avery, six miles be- low the mouth of the Huron; the gallant Geo. Croghan held Fort Stephenson until relieved, when he marched his men over the "old Smith road" to Wadsworth's


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ARMY OF OCCUPATION


headquarters. At the same time, Gen. Crooks with two thousand volunteers from Pennsylvania forced his way north via New Lisbon and on to Canton and Wooster, thence north, passing through Ashland county to Upper Sandusky. Rial McArthur's Independent rifles were ordered to finish the road to the Huron River but before he had completed it, he heard of the battle with the Indians on the "Peninsula" and he forced his way di- rectly to Camp Huron to reinforce that garrison. From there he was ordered to Fort Stevenson, which he com- manded until the defeat of Winchester, when he was ordered to the Maumee where he assisted in building Ft. Meigs.


General Beall who lay with his army at "Camp Council," near the southern line of the Reserve, was arrested and court-martialed on his arrival at "Camp Avery." Gen. Wadsworth had ordered him to report with his command at Cleveland. Instead of this he marched to the relief of the imperiled citizens in the counties of Medina, Lorain, Ashland and Richland, who were dismayed at the recent Indian massacres.


TROUBLES OF EARLY CONSTABLES


Moses Dunning, who was a pioneer justice of the peace, says : "I had started early and traveled four miles to ask four men to come and help roll logs. When we got to my cabin I found a man waiting whose face showed that he had been fully engaged in a fight. He said he had come six miles to see me and learn what the law was as to assault and battery as he had been pretty well battered. The Bible was on a board which I wished him to take down and read the law for himself. He took the book. I had no statute in the cabin at that time. After turning over many pages I soon discovered that he could not read. He asked me on what page he could find the law of battery. I told him that I did not recollect the page, but I could give him the words of the law as recorded in that book. He said the law was what he wished to know, so he might have some idea what sum he could recover from the man who had whipped him. I told him that the words of the law in that book were; "He that smitheth thee on one cheek, turn to him the other also." He looked at me, then at the book, took his hat and as he left said "That the law was too devil- ish poor to do him any good."


Wm. Prior relates: "While the canal was build- ing Ambrose King was constable and with a warrant went to arrest an Irish laborer for some offense. He found him in an unfinished lock-pit above Old Portage in company with a gang of other working men, who, when they ascertained King's business, refused to per- mit the arrest, surrounded him, threatening his life.


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Armed with spades and cudgels they cornered him in the lock. With only a horse pistol for defense, he warned them to desist ; but, instead they made a charge, when he fired, the ball striking one of them on his rib, glancing off without inflicting a serious wound. Being very active, he sprang up the steep bank and ran for his life. He was followed, overtaken, knocked down and beaten with clubs until supposed to be dead. His friends hearing of the affray sent a wagon for him, put him in it and started for Akron, followed by the workmen with threats and imprecations. Meeting a physician they halted while an examination was made and King pro- nounced yet alive.


'Then,' shouted an excited Irishman standing by, 'We will kill him yet,' striking a blow at his head with a long club but the horses were frightened and started off and the blow missed its mark. Then the furious laborer turned on a German standing by and with a sweeping blow of his club struck him on the head, from which he fell as if shot. He was left with the Irish and never seen again. It was supposed that they buried him sec- retly at night in the canal bed, where he could not be found. This aroused indignation and vengeance to its highest pitch. Next the militia company was called out, armed with rifles and ammunition; a bottle of whiskey was passed around and a battle and bloodshed was imminent. Just then a rider came dashing up, his horse covered with dust and foam. He was a contractor and had just heard of the difficulty and asked for time to hold a consultation with his employees, hoping to induce a surrender without resistance. He rode down and found them intrenched for defense and explained what


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folly it would be to resist, that every man would be shot down if necessary, to make the arrest. They laid down their weapons, surrendered and were marched to Mid- dlebury for safe keeping, where the militia stood guard till the trial and conviction of their leader. As King recovered the penalty was not severe and peace was again restored."


Eleazer Rice was the first constable of Bath Town- ship. One Sunday, in sport, Lewis Hammond and Isaiah Fowler tipped over Rice's sled and broke it. Rice got a warrant as he was the only constable, the writ was placed in his hands for service. Just as he arrived at the squire's, Hammond and Fowler started to run in opposite directions. Here was a delimena. Poor Rice could chase but one and he, unfortunately selected Hammond, who was a large and powerful man. Rice came up with him and jumping on his back, locked his arms about his neck. Hammond without the least halt, seized him by the legs and ran away with him. This was the first arrest in Bath.


In this connection we must give an account of one of the early marriages on the Reserve. The marriage was the first in Green Township and the contracting parties were Jacob Smith, Jr., and Miss Dixon. They were married by a Dutch justice. The following cere- mony was used:


"You bromis to take te voman you holt py te hant to pe your vife, and tat you vill shtick to her through hell-fire and dunder? Den I bronounce you man and voman, by cot."


While Benjamin Stowe was magistrate, Thomas Kennedy and Wareham Loomis got into a fight and the


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TROUBLES OF EARLY CONSTABLES


one who was whipped had the other arrested. When the case came up for trial, the prosecuting witness, defen- dant and spectators were all greatly surprised at the decision of the judge. He fined both parties $5.00 a piece and made each pay one half the costs. Being re- monstrated with by a friend of the prosecuting witness at the apparent irregularity of the proceeding-that it was not law-he replied,


"I am chief Justice of this domain and am here to deal out justice ; I don't care a fig for the law."


The accomodating Captain Delawn Mills, for some years kept a wayside tavern, after he built his double log-house and as in all such places, sold whiskey, but forgot to take out a license. He was arrested and ar- ranged in the Trumbull County Court for selling liquor without a license and plead guilty to the charge. Judge Kirtland, who had often been refreshed at the hostelry of Mills, remarked to Judge Pease that he did not think the defendant guilty within the meaning of the statute, whereupon Pease asked Mills if he could not change his plea. "May it please the court, your honor, I am not guilty," promptly replied the willing Captain and he was at once discharged.


This shows that in those early times they aimed at justice rather than facts or law. A rendering of judg- ment according to the strict technicalities of law did not prevail in the pioneer courts.


EARLY COUNTERFEITERS OF THE CUYAHOGA VALLEY


In the preparation of this chapter, I have been largely indebted to the writings of M. L. Shook, W. A. Goodspeed and Charles W. Foote in Perrin's History of Summit County, also Gen. Bierce's History of Summit County.


Boston and Old Portage were for many years notorious on account of a band of counterfeitors who made the deep, inaccessible gullies and ravines of the township their headquarters. Not only was silver coin counterfeited, but State bank notes, especially those of Indiana, were turned out by the bushel. Some of the most influential citizens were induced to engage in the unlawful business and it is even stated that a certain aspect of respectibility was conceeded to this occu- pation. In 1832 the counterfeiting reached its zenith of power and circulation and at that period is said to have been the most extensive banking establishment in Ohio, if not in the Union. There were branch officers or "banks" in Cleveland, in Rising Sun, Ind., in Vermont and in other sections of the country. The officers of the bank were Wm. G. Taylor, Cleveland, Ohio, Dan Brown, of Rising Sun, Indiana, James Brown, of Boston, and Col. William Ashley, from Vermont. A more notable set of men never met to consult on the affairs of the State Bank of Ohio; and excepting that they never had a charter from the state authorizing them to swindle, a more noble set of men never congregated as a "board of control." Taylor was a lawyer, a man of education and talent, and wealthy. Dan Brown was a merchant;


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the finest looking and most accomplished gentleman in the west. James Brown was one of the finest looking men in Ohio, over six feet in height, well proportioned, his hair black as a raven, a little curly and it was prov- erbial, that his word was as good as his bond. Col. Ash- ley was from Vermont, where he started his banking operations ; but being hard pressed, he fled to Slab City, in Canada, from which he was compelled to flee, when he came to Boston in 1822. He was a fine specimen of a man, with the exterior and manner that would adorn any society. He sunk the gentlemen in the banker.


Coins of some heavy material were first manufac- tured and then covered with a thin film of silver; or the coin was first prepared in plates and then stamped with a die of the denomination of the money desired. So successful were these men in manufacturing and pass- ing their money that they started a grand scheme of financiering. This was to swindle the world. They dis- counted an immense amount of bills on the United States Bank, with which they contemplated visiting Europe and even China, exchanging the United States Bank paper for the products of those countries. These products they expected to ship to distant points to be sold. Their anticipations, however, were doomed to en- counter reserves and rebuffs. It is said that Brown had a confederate in the banking house which then stamped and furnished bills for the United States Bank; that through the agency of this pal, the genuine plates themselves were conveyed into Brown's hands and im- mense quantities of illegal issue were struck from the identical plates. A great store of $100 bills were accu- mulated.


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It was the intention of the gang to procure a suitable ship, load her with this spurious scrip, visit China and other Oriental countries, where United States Bank bills circulated at par, purchasing a cargo of teas, coffees, silk, etc., to be disposed of again in Eng- land and on the continent. They proceeded to New Orleans, obtained a vessel, filled it according to pro- gram, and set sail for China. A discovery of their real character, however, was just then made. The vessel was overhauled before fairly out of the Mississippi and the rogues committed to prison.


The wife of Blannerhasset, walking that Island in the Ohio, shedding bitter tears of anguish, has been told in song and story. But concerning the devoted wife of James Brown, the counterfeit king, both poet and story-teller have been silent. She is believed to have had no knowledge of her husband's criminality and she re- mained the tender and devoted wife she always had been. Upon receiving the news of his apprehension at New Orleans, in order to be present at the trial and to use her influence for him, she proceeded from Old Port- age to New Orleans on horseback; from the Great Lakes to the Gulf, on horseback, all for love and to save her husband.


James Brown was used as a witness against Taylor, who was acquitted and became a vagabond and a wan- derer on the face of the earth. Ashley died in the Ohio Penitentiary in 1838. Still another was sent there from Liverpool, Medina County. Abram Holmes, one of the stockholders, became a fugitive from justice, but returned in 1837, with consumption with which he soon


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died. Daniel Brown, a son of James, was arrested when but eighteen years old for discounting their issues in Lorain County, but was liberated by a technicality of law. He became a fugitive from justice, not having a place on which to set his foot in safety till 1851, when he saved the authorities any further trouble by dying. Others were prosecuted in different parts of the state, many of whom suffered the extreme penalty of the law. The gang was broken up and its members scattered over the country to repent at leisure for their misdeeds. It is stated that some of the most honored in the state were so connected with the unlawful business as to share its profits without incurring any of its liabilities.


For many years after the gangs were broken up, dies, counterfeit money and various implements used in its manufacture were found in the ravines and even in the houses of some citizens. There was scarcely a resident of the township who was not tempted to pass the coin and bills. On one occasion a man with a valise waited on Mr. Wait and asked him to buy State Bank of Indiana bills at twenty-five cents on the dollar. He opened his valise and showed him it was packed full of these bills. Upon Wait's refusal to purchase he depart- ed. About forty-seven years ago, a house belonging to one of the most respected citizens was torn down; con- cealed in it was found a small leather bag filled with counterfeit coin in dollar and half dollar pieces, amount- ing to more than one hundred dollars.


Without question, this was the most thorough, daring and successful scheme of the sort ever de- vised or carried on in this country or any other. Through a period of nearly a score of years, the


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system had its ramifications throughout the whole United States and Canada; not a state or territory but what had its agents and scarcely a county in any state without them. The head and front of this undertaking was of course, James Brown, a man of rare talent, of wonderful energies. He pos- sessed a degree of personal magnetism and power few men have ever equalled. Just how early he com- menced his operations is not known, but as early as 1830 he was known as the "Prince of counterfeiters" in all the country around. One of the earliest of his ex- ploits consisted in passing off upon a prominent New England Bank a forged draft. Relays of the fastest horses had previously been provided at stations known only to himself or his agents. He departed instantly, rode day and night. He left Pittsburg some time in the night and in the morning was at his home in Yellow Creek, making the quickest journey man ever made, except by steam, which was an after production. One hundred and thirty-two miles on horseback during the night time. It does not seem possible. He was arrest- ed, tried, established an alibi and was discharged to the satisfaction of the court, which held that it was proven by numerous and trustworthy witnesses that he was seen here soon after the occurence at the bank and that it was utterly impossible that he could have been there so shortly before. About the year 1832 he was tried in Medina Court of Common Pleas upon the charge of counterfeiting. So great was the Sheriff's confidence in Brown's word, that upon his request and a parole promise to return at night, he permitted him every morning to go at large, returning each evening to be


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locked up. He was convicted and sentenced to the penitentiary, but was overtaken on his way there by the service of a writ of error at Mt. Vernon and was returned to Medina. The judgment of the Court of Common Pleas was reversed. Bail was given for his appearance, but before trial came on, the witnesses for the prosecution had disappeared and the indictment was nulled.


So great was Brown's popularity in his own neigh- borhood that he was repeatedly elected to township offices. He held the position of Justice of the Peace several consecutive terms; was an incumbent of that office in 1846, when the first check was put upon his career. It was largely due to this condition of things that it was impossible to secure his conviction by the ordinary methods of the lower courts. This was often attempted and as often failed, until it was generally re- cognized by every one else as well as himself and friends. Of this immunity he publicly boasted; when at last by the intervention of Federal processes, he was brought to bay, he is said to have observed, "Well boys, now the United States have taken hold of me, I may get floored, but I could have worried out a county." In 1846, Wm. S. C. Otis was the Prosecuting Attorney for Summit County ; through his efforts Samuel McClure, a young lawyer of Cuyahoga Falls, was appointed United States Commissioner for the State of Ohio, for the purpose chiefly of instituting proceedings against Brown through the media of the Federal Courts, those of the State being found insufficient. Commissioner McClure issued a warrant for his arrest. While the warrant was yet in the hands of Sheriff Jones unserved,


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McClure appeared as an attorney, in a case tried before Justice of the Peace James Brown. Brown reserved his decision. In the meantime he was placed in prison. McClure in behalf of his client in the case called upon Brown in the jail before the day assigned for the pre- liminary examination. Brown then announced his judgment as Justice in favor of McClure's client and at the same time remarked when his case should come be- fore McClure he hoped he would be able to render a judgment in his favor. The preliminary examination came on for hearing; the United States was represent- ed by Rufus P. Spaulding, afterward Judge Spaulding of the Supreme Court. The examination was held at the court house and continued several days. It resulted in Brown being held for bail in the sum of $20,000 for his appearance before the Circuit Court of the United States at Columbus at its next session. In default of bail, he was returned to jail; but afterward on applica- tion to a Federal Judge the bond was reduced to $5,000. That amount was furnished and Brown set at liberty. He appeared at Columbus for trial. The District Attor- ney was assisted by Mr. Otis. Pending the trial, affida- vits were filed, satisfying the judge that if at liberty when the verdict would be rendered and if that verdict should be guilty, it was the intention of Brown's friends-of whom Columbus was full-to put him out of the way of the consequences. A bench warrant was issued and he was imprisoned. He was convicted and for the first time in his life, incarcerated in the Ohio Penitentiary, though he had run a career of crime for over twenty years.


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The Asiatic Cholera broke out in the penitentiary ; Brown was an attendant in the prison hospital at the time and such was the courage with which he cared for . the cholera patients and his unwearied attention to them, that he secured the influence of that institution and some of the State officers in his behalf so that Pres- ident Zachary Taylor pardoned him. He returned to Yellow Creek and was believed to be as extensively en- gaged in the counterfeiting business as ever though it was not known that he then dealt in spurious coin. Ex- perience had taught him that it was easier, more pro- fitable and less liable to detection to manfacture false paper money than coin. A few years later he was ar- rested in Michigan, convicted of the same crime and sentenced to the Jackson Penitentiary. He there served a full term of three years, when he returned to Yellow Creek, but returned a broken down man and a confirmed drunkard. Not until now did his fond wife give him up. His habits of drink rapidly grew upon him; his good traits began to deteriorate and finally departed all to- gether ; his wife obtained a divorce, and "Jim" Brown, who had his abilities been honorably directed might have been a man of great power and influence, became a worthless fellow, not even commanding the respect of his associates in crime. Finally in 1865, as he was one day returning from Cleveland upon a canal boat, he fell from the walking plank to the hold, striking his head upon a beam. The concussion rendered him uncon- scious; from that state he never rallied, but died two or three days later. So, miserably closed the life of a man of whom it was said that, "He was as well known




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