USA > Pennsylvania > Luzerne County > Wilkes-Barre > A history of Wilkes-Barre, Luzerne County, Pennsylvania : from its first beginnings to the present time, including chapters of newly-discovered early Wyoming Valley history, together with many biographical sketches and much genealogical material. Volume IV > Part 62
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The case was vigorously presented and ably defended and has been cited wherever similar cases have come up for trial. Judge Stanley Woodward de- livered his charge to the jury on March 9, 1898.
On the next morning, while crowds stormed the court house in their eager- ness to know the result, the jury announced a verdict of not guilty. No verdict of the period was more extensively commented upon by the press generally. It was praised or denounced as the sympathies of writers moved. But the case itself stands as a classic in American jurisprudence.
Of later interest was a claim made by the Austro-Hungarian government for an appeal from the verdict so that its nationals might present claims for indemnity. This involved questions of wide importance. Based on a report of the trial made by Hon. Henry M. Hoyt to the Attorney General of the United
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States, the government's case seemed so strong, that Austro-Hungary finally decided not to prosecute its claim further.
Scarceiy had excitement attending the Lattimer trials subsided before talk began of a possible war with Spain in aid of Cuban insurrectionists. Public indignation knew no bounds when reports of the destruction of the battleship Maine on the night of February 14, 1898, were flashed to all parts of the United States. The battleship, lying in Havana harbor on a mission of courtesy, was blown up by an external explosion; two officers and two hundred and fifty eight of her crew being killed outright. There was no evidence, then or later adduced, which connected any one concerned in the exercise of Spanish authority with even a knowledge of plans leading to the disaster. Not alone was the destruction of the vessel intensely resented by press and public, but war sentiment was kindled by the hot impatience of many in high places, the whole ugly Cuban business being a basis of attack.
President Mckinley maintained a dignified composure. He attempted to induce Spain to alter the course of her treatment of Cuba. The island was nearby and special writers made the most of opportunities to color the news. Finally on April 11th, the President asked Congress for authority to put an end to the hostilities in Cuba. On the 18th, Congress declared the Cuban people free and independent and authorized the President to use the military and naval forces of the United States to compel the government of Spain to relinquish its authority and government of the island. The Spanish minister at Washington thereupon asked for his passports and on April 25, 1898, formal declaration of war was made.
The Ninth Infantry, N. G. P. with headquarters at Wilkes-Barre, was one of few state militia organizations only partially prepared for such unexpected emergency. In fact, from Civil war days to that period, the military spirit of the Commonwealth had been at low ebb and its militia practically dissolved.
Here at home a few organizations, the Wyoming Artillerists among them, preserved their identity and continuity. Then came that bitter experience of 1877, the riots at Pittsburg, Scranton, and other places, which disclosed the in- efficiency of the State Guard, and brought upon the Commonwealth contumely and disgrace. It was found necessary to perfect a military system which would prove effective in time of need. The Wyoming Artillerists was the only military organization in Wilkes-Barre after the reorganization of 1878. There was a company at Pittston, known as the Mcclellan Rifles, which was later attached to the 9th Regiment. The real starting point of the 9th Regiment, N. G. P., was the Wilkes-Barre Fencibles, later Co. B., 9th Regiment, which had its birth on the northeast corner of Market and Franklin streets in the fall of 1878. Henry Crandall, a Dane, conducted a wholesale cigar and tobacco business here, and was a military enthusiast. He instituted the preliminary proceedings for the Fencibles by securing the names of young men to an enlistment roll. This application was forwarded to Harrisburg, and an order dated November 15, 1878, was issued, authorizing Captain Thomas C. Parker, of the "Artillerists" to muster in a company. Captain Parker ordered the company to assemble on November 28, 1878, when fifty-one men paraded for muster, and Oscar J. Harvey
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was elected Captain .* Through their influence and endeavors several other companies were formed, and the formation of a new regimental organization was at hand. George Murray Reynolds was elected Colonelt, and the Regiment was organized as the Ninth Infantry, N. G. P. in June, 1879.
The "market house" property, on Northampton street, afterwards for more than a quarter century known as the "street car barn" became the first armory of the newly organized Ninth Infantry In response to what seemed to be a general demand for a market place in the central city, no building for that purpose having been available since the tumble-down structure on the Public Square had been removed in 1855-a movement took shape in 1870 to secure a market house. The Wilkes-Barre Market House Company was the result. In 1871 with funds available from the sale of capital stock. the building, costing some forty thousand dollars was dedicated as a public market.
From the start of the enterprise, however, it proved unpopular. The Record of the Times, November 5, 1874, had this to say about the newly con- structed building :
"It is not a pleasant sight to see such a fine building as the Wilkes-Barre market house going to rack. In front, several window jambs have been broken, and the pavement looks dingy and forlorn. The interior has only two occupants. A butcher occupies one stall-Messrs Day and company a rear stall. Both of these parties look lost in the mazes of the building. The trouble was that persons of no business capacity originally filled the stalls and they had not tact enough to draw custom."
Through the effort of Captain Parker of the Artillerists the building was finally turned over to him "for the use of his Battery and with the understanding that should any other military organizations be recruited in future, they shall be accorded equal favor."
The flag stone floor of the erstwise market was covered with pine flooring, and the building partitioned to provide various headquarters rooms, drill space and storage for quartermaster supplies. Then followed a severe blow to the Regiment early in 1886 when announcement was made of the sale of the building to traction interests, an annulment of the lease following. Col. Morris J. Keck had but recently assumed command of the Regiment when the need for new quarters was thrust upon him. He immediately appointed Lieut. Col. B. F. Stark the head of a committee of officers to devise ways and means of securing suitable new quarters. After lengthy discussions it was decided to hold a fair in the old Metropolitan rink on South Main street. With Colonel Reynolds selected as general chairman and Mrs. William L. Conyngham as lady manager, the interest of the whole community was speedily aroused in the undertaking. The fair held from May 20th to 30th, 1886, was a signal success.
The event opened with a mass meeting at which Judge Stanley Woodward presided and each day of the ten was attended by some important civic or mili-
*The muster roll of the Fencibles when mustered into the Ninth Infantry as Company "B" was as follows:
Captain, Oscar J. Harvey; First Lieutenant, Henry Crandall; Second Lieutenant, Arthur D. Moore; First Ser- geant, Frank D. Krebs; Second Sergeant, Steuben J. Polen; Third Sergeant, Gus A. Benkhardt; Fourth Sergeant, John B. Fenerstine; Fifth Sergeant, Edward B. Trively; First Corporal, Edward F. Joslin; Second Corporal, Luther H. LeGrand; Third Corporal, Josiah Trumpore; Fourth Corporal, Charles H. Fell; Fifth Corporal, John M. White; Sixth Corporal, Benjamin Krouse; Seventh Corporal, James S. Lee; Eighth Corporal, William L. Raeder. Privates-Anthony Bauer, Enos J. Barber, John E. Dow, Edward J. Espy, Edward N. Easterline, James M. Frace, Addison F. Farr, John G. Fry, Henry B. Fisher, David R. Gates, John C. Horton, Rudolph C. Hitchler, Samuel B. Herring, Warren W. Hinds, Milton C. Kocher, John H. Kridler, Frederick Kepner, Isaac E. Long, Norinan Marshall, John J. McCormick, Charles Miller, John W. Oplinger, Charles L. Peck, Alfred Ruger, William Reese, Frederick Sengfelder, George F. Snyder, Charles W. Speece, Charles H. Sauermilch, William Sites, Frederick Sligh, John N. St. John, Charles Weidaw, James R. Winlack, Charles R. Wood, William Scott, Walter S. Marshall, William Eicke, Otto J. Schrage.
¡Colonel Reynolds completed his staff appointments, as follows :- Surgeon, Major Olin F. Harvey; Quarter- master, First Lieutenant Irving A. Stearns; Commissary, Captain Oscar J. Harvey; Paymaster, Captain Frank N. Day; Assistant Surgeon, First Lieutenant S. L. Holley; Assistant Surgeon, First Lieutenant Frederick G. Newton; Sergeant Major, S. C. Struthers; Quartermaster Sergeant, William O. Coolbaugh; Commissary Sergeant, Frank D. Koons; Hospital Steward, W. J. Renniman; Principal Musician, W. L. Carey.
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tary event. On Friday, May 21st, the entire Third Brigade of the Guard, com- manded by General Gobin, came to Wilkes-Barre and paraded the streets. Financial statements of the event indicated that the sum of thirty-nine thousand dollars had been the gross receipts, that expenses of the undertaking were ap- proximately nine thousand dollars and the Regiment had a comfortable balance of some thirty thousand dollars on hand.
On August 9, 1886, the Wilkes-Barre Armory Association was formed in order that title to property proposed to be purchased could vest in some author- ized body. This organization was chartered by the Court and title acquired to a lot on South Main street at a price of $8,919.82. In order to complete a build- ing suited to the many uses of an Infantry regiment, the Board authorized a loan of $15,000 to be placed against the building. M. B. Houpt was then author-
ARMORY, 9TH REGIMENT, N. G. P.
ized to proceed with the building at his bid of $44,583. The corner stone was laid with impressive Masonic ceremonies on Thanksgiving day, 1886. The dedication was fixed for October 26, 1887, at which time a great concourse of people assembled.
Governor James A. Beaver and Ex-Governor John F. Hartranft reviewed the military and civic procession which was a feature of the dedication. A ball on the Armory floor which concluded the festivities of the day, was described by the press of the time as "the most brilliant and notable event of the kind which ever occurred in Wilkes-Barre." A proviso in the deed to the Armory makes its future at the date of writing (1928) somewhat uncertain in view of the fact that the 109th Field Artillery, successor to the old 9th Infantry, has a magnificent new Armory in Westmoor built partly by the Commonwealth and
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partly by large contributions from the County of Luzerne. This proviso names the Home for Friendless Children and the Wilkes-Barre City Hospital as re- siduaries in case the building is sold by reason of non-use for military purposes.
In January 1929, Judge B. R. Jones by opinion awarded the old Armory property to the institutions named.
The following account of the service history of the Ninth during the Spanish-American war was consolidated from the files of the Wilkes-Barre Record by its editor, Eugene T. Giering. The present writer believes it is the most complete account of this portion of the Ninth's career and is quoted in part with the consent of Mr. Giering:
"During the year 1898 the Ninth Regiment, N. G. P., was called to serve in the war with Spain, but, although the boys were in camp for over five months, during which time they suffered very much from disease, they were not ordered into active service. Typhoid fever, however, was as deadly as Spanish bullets.
"The Ninth Regiment left Wilkes-Barre April 27th in response to the call of President Mckinley for volunteers and the orders of Governor Hastings for the National Guard of the State to mobilize at Mt. Gretna. The largest crowd that ever assembled in Wilkes-Barre gathered to see the regiment off. The Pittston, Parsons and Plymouth companies came to Wilkes-Barre and met the home companies at the Ninth Regiment armory and about 8 o'clock in the evening the march to the station was begun. The whole populace had become excited at the outbreak of the war and as nothing had yet occurred to show the relative strength of the two nations, it was expected that the regiment would see active service, and the un- certainty as to its fate, of course, increased the public interest on an occasion like this. It is estimated that there were one hundred and thirty thousand people in Wilkes- Barre to see the regiment off. All along the line of march to the station was a jam of people and Public Square was one mass of humanity, so dense that the regi- ment had great difficulty in making its way through. Quite a number of women and children were injured in the crush. Judge Stanley 9TH REGT PENN. VOLINE .- Woodward delivered a farewell address from the steps of the First National Bank Building and pre- sented the regiment with a flag. "The regiment was of the following strength when it left: Officers, 44; Co. A, 61; Co. B, 59; Co. C, 60; Co. D, 66; Co. E, 53; Co. F, 54; Co. H, 53; Co. I, 50; total, 456 men.
"On May 1, great crowds gathered in front of the Record office to read the news that came piecemeal regarding the destruction of the Spanish fleet at Manilla by Admiral Dewey's ships.
"At Mt. Gretna the mem- bers of the Ninth Regiment were given an opportunity to enlist in the volunteer service of the United States for two years and all but COLORS OF THE 9TH REGIMENT fifty-three answered "yess" when their names were called. Every member of Co. F of Wilkes-Barre (Captain McCleery) and of Co. H of Pittston (Captain Flannery) volunteered and only one in Captain Pierce's Co., 1 of Plymouth, declined.
"While the boys were at Mt. Gretna a recruiting office was opened in Wilkes-Barre in charge of Lieutenant Camp and nearly three hundred additional men were enlisted and sent to camp to fill up the companies to the war footing. These recruits left Wilkes-Barre May 8th. In addition to the fifty-three, who declined to enlist, about half a dozen were rejected from the service on account of physical reasons.
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"On May 10th a United States recruiting office was opened in the Chahoon block on West Market street, in charge of Lieutenant Dentler, for the purpose of enlisting for the regular army. A couple of hundred readily joined the service and were sent South, many of whom saw service in Cuba, Porto Rico and Manila.
"May 17th the regiment left Mt. Gretna for Camp George H. Thomas, Chickamauga Park, Georgia, and on the way South the boys received a regular ovation. Crowds were at nearly every station and employes from factories threw scores of pounds of tobacco into the cars. Women also came with coffee and other refreshments. May 19th reached Chattanooga, Tennessee, and immediately went to camp, twelve miles distant.
"May 20th, Col. C. Bow. Dougherty, of the Ninth Regiment, was made acting brigadier general of the Third Brigade, Third Division, Ist Army Corps, U. S. V., he being the senior colonel of that brigade, no commander having yet been appointed. He retained this office about a month. Lieut. Col. Wallace was in charge of the Ninth in the meantime.
"June 10 Lieutenant E. D. Camp was sent to Wilkes-Barre and Lieutenant George Buss to Pittston to recruit 248 men to fill out the ranks of the first and second battalions and they had no difficulty in securing them. About the middle of June orders were issued by the War Depart- ment, increasing the Ninth to a three battalion regiment. Major John T. Flannery was sent from Chickamauga to recruit and muster in companies at Towanda (Co. M); Bethlehem (Co. K); Summit Hill (Co. L); and Co. G. was mustered in at Reading.
"June 24 the Wilkes-Barre companies of the new State provisional guard of the Seventh Regiment were mustered in, Asher Miner being later elected colonel of this "Home Guard" regiment. The other companies of the regiment were mustered in soon after."
"July 8 the Wilkes-Barre Board of Trade actively took up the work of relieving needy families of soldiers at the front and aided about fifty families in Wilkes-Barre and surrounding towns, money being solicited from the public; Secretary Garrett Smith and President Walter Gaston super- vising the plan. This was con- tinued until the regiment was mustered out.
"July 3, occurred the death of the first victim of typhoid fever, private James Gilmartin of Pittston, and burial took place at his home with military honors. This was the beginning of an epidemic of the disease, which lasted for three months and carried off by death three captains, twenty-five privates and one civilian, Thomas P. Ryder, who went as correspondent of the Aecord.
"Out of the thirteen hundred members of the Ninth at Chicka- mauga fully half of them contracted typhoid and malarial fever, the disease attacking officers in their tents, others in the Regimental Hospital and still others at the Third Division Hospital, Leiter Hospital and Sternberg Hospital. Many others were sent home on furlough when they became ill and developed the disease while at home. The cause of the epidemic was attributed to several sources. The latrines were located so near the mess tents that swarms of fles carried the typhoid poison from them to the food the boys ate. Then again the camp was located in a low, wooded place and was damp most of the time, the boys MAJ. GEN. C. BOW. DOUGHERTY sleeping upon the ground. The water used was taken from wells and from Chickamauga Creek, both of which sources of supply were afterwards condemned, ever for bathing purposes. Added to this, the heavy rains washed the excreta, which at first had been deposited on the hillside, into the camp. The real situation was not realized at home until July 15, when Mrs. C. Bow. Dougherty returned from camp and reported that there were one hundred and fifty cases of typhoid in the Ninth and that a great many things were needed. A meeting of the ladies was immediately called and they formed themselves into a relief association. The Young Ladies Sewing Society also set to work making needed articles for hospital use, and several boxes were filled. The public in general also sent in con- tributions of clothing, etc., and these were packed in boxes and sent to camp. Festivals and entertainments were held and the proceeds were applied to the same purpose. In the meantime
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the Board of Trade received subscriptions and purchased wholesale lots of quinine pills, clam broth, condensed milk, etc., and the societies of ladies contributed for the same purpose. In this way the regiment was kept well supplied. The sickness and many deaths in the Ninth cast a pall over the whole community and the local military and veteran organizations were kept busy arranging for and attending the funerals.
"July 10 services were held in Wilkes-Barre churches in accordance with President Mc- Kinley's proclamation of thanksgiving for victories on land and sea.
"News of the fall of Santiago was received with enthusiasm in Wilkes-Barre July 14, the court house bell rang for twenty minutes and a salute was fired from the G. A. R. cannon on the river bank.
"August 10 three members of the Ninth Regiment died in one day of typhoid fever; Leonard Deegan and Jonah A. Jenkins of Wilkes-Barre and Joseph Detweiler of Reading.
"Owing to continued illness, Chaplain Johnson resigned from the Ninth August 10 and Dr. W. G. Weaver, as assistant surgeon the day following.
"The first hospital train from Chickamauga, bearing sick members of the Ninth, arrived in Wilkes-Barre August 22. Another train came at 3:30 a. m. August 25 and despite the night hour the station platform was crowded. Eleven ambulances and physicians and nurses were on hand and the boys were carried on stretchers from the train. Several of them died in their homes after- wards. Most of the boys were taken home, but some went to the two hospitals. Pathetic scenes were witnessed at the station as the stretchers were placed in the ambulances. August 27 a third hospital train came with fifty-six more; August 30 a fourth with a fifty-three and September 9 a fifth with thirty-three.
"The Ninth Regiment left Chickamauga August 25 for Camp Hamilton at Lexington, Ky., and here conditions were found to be quite different than those at the former camp. The location was much better and had the regiment remained any length of time the health of the boys would undoubtedly have been much better.
"The 19th day of September the regiment arrived in Wilkes-Barre from camp, after strenuous and finally successful efforts on the part of Congressman Morgan B. Williams to have the regiment mustered out. The crowd that was in waiting was only exceeded by that which thronged the streets when the regiment left. The time of arrival was uncertain and hundreds of people remained on the streets all morning and all afternoon, many parents and relatives taking up their positions at the Lehigh Valley Station early in the morning. A fitting reception had been arranged under the auspices of the Board of Trade. Col. Asher Miner was chief marshal of the arrangements, he being ably assisted by several committees of ladies and gentlemen. The train came in three sections, the first reached Wilkes-Barre about 9 o'clock p. m. and the second with the sick and convalescents, arrived at 9:30. The regiment received an ovation as it marched from the station to the armory. At the latter place a substantial lunch was served, the out-of-town companies remaining over. For the following two weeks receptions were held by various organiza- tions in nearly all of the towns in honor of the return of the boys and some of them were of an elaborate nature. The Ninth returned with 35 officers and 845 men. There were at the time 10 officers home on sick leave, 345 men home on furlough, 41 left in the hospital at Lexington, one absent without leave. Died in the service, 29.
"Luzerne County also gave its share of men to other commands of the service. Two were killed in Cuba, three died of disease contracted in Cuba and Porto Rico, one died of typhoid contracted at Camp Meade, two died at Manilla, one at Honolulu, and one at Lexington."
The following is a complete roster of the Ninth Infantry staff, field officers and members of the companies from Wilkes-Barre, Pittston, Parsons, Plymouth and Towanda, including all who originally went with the Regiment and all who were recruited during the service. The list includes also those who died or were transferred. In short it is a complete roll of all those who became con- nected with the companies mentioned and did service:
"FIELD AND STAFF.
"Colonel, Charles Bowman Dougherty, Wilkes-Barre; Lieutenant Colonel, George W. Wallace, Parsons; Major, Frank L. McKee, Plymouth, and John T. Flannery, Pittston; Major and Surgeon, Dr. Walter S. Stewart, Wilkes-Barre; First Lieutenants and Assistant Surgeons, Dr. Charles H. Miner, Wilkes-Barre, and Dr. Claude R. Grosser, Wilkes-Barre; First Lieutenant and Adjutant, William Sharpe, Wilkes-Barre; First Lieutenant and Quartermaster, Edmund N. Carpenter, Wilkes-Barre; Second Lieutenant and Battalion Adjutant, George F. Buss, Pittston; Chaplain, Vacant; Resigned, Chaplain W. DeForrest Johnson, Major John S. Harding and Assistant Surgeon W. G. Weaver.
"NON-COMMISSIONED STAFF.
"Sergeant-Major, Harold G. Frantz, Wilkes-Barre; Quartermaster Sergeant, Samuel C. Chase, Wilkes-Barre; Chief Musician, Frank Harring; Principal Musician, Robert D. Hay, Wilkes-Barre; Hospital Steward, Dr. Hugh R. Mccleery, Wilkes-Barre.
"FIRST BATTALION, CO. H., PITTSTON.
"Captain, Michael J. Brennan; First Lieutenant, Edward J. Dougher; Second Lieutenant, Patrick Gibbons; First Sergeant, William Collier; Quartermaster Sergeant, John T. McGrath. "Sergeants-Owen P. Grady, Patrick Gibbons, John F. Clisham, Patrick Devers, Michael Gill.
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"Corporals-Thomas Gerrity, Anthony Dougherty, Partick McDonnell, Thomas Loftus, Thomas McTigue, John F. Tigue, Thomas McCabe, Thomas H. Lyons, John F. McGarry, Edmund J. Burke, John Mullin, John P. Marriott.
"Musicians-James Cook, Thomas Howley. Artificer-Patrick Lyons.
"Privates-James Alfred, Augustine Butler, Thomas Brennan, Thomas P. Brennan, John J. Collins, James P. Casey, Frank Carroll, John S. Callahan, Frank Carden, Patrick Caffrey, Thomas Delaney, Edward J. Dunlevy, James F. Dougherty, Charles P. Daley, Thomas Dunn, Michael J. Dudley, Thomas F. English, William J. Finan, John Goulden, Daniel J. Gallagher, Geo. Gill, Francis A. Hope, George Hoover, Martin A. Healy, Anthony T. Hennegan, William Jimes, Frank M. Judge, Edward P. Kelly, Thomas J. Laurin, Thomas J. Langan, Francis J. McCann, Anthony T. McCue, John McGarry, Patrick J. McHale, Frank J. McDonnell, John J. McHale, Frank McNamara, Martin J. McDermott, John J. McGraw, William J. McCall, Richard J. McCauley, Dennis J. McCauley, John J. Nallon, Patrick Ruan, Thomas Ruan, Patrick F. Reilly, Cornelius Shovlin, John Tierney, Frank Tracy, Thomas A. Tepler, John A. Walsh, Patrick F. Walsh.
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