USA > Pennsylvania > Erie County > A twentieth century history of Erie County, Pennsylvania : a narrative account of its historic progress, its people, and its principal interests, Volume I > Part 32
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One of the remarkable things in connection with this railroad dis- turbance, long continued as it was, is that there were so few casualties. In the city, aside from some personal encounters, there was not even a single case reported of bodily injury. Col. Thompson, in speaking of this feature of the controversy, attributed it to the vast preponderance of the opponents of the railroad. If the forces had been anything like evenly matched there can be no doubt but that there would have been more than one bloody engagement, for the feeling of hosility was fierce and very bitter. The railroad men recognized their inferiority in strength. and for that reason did not attempt forcible resistance. They confined their efforts to strategy, using the courts to the best of their ability, and by various devices and technicalities succeeded in standing off their op- ponents.
After the outbreak of December ?. however, they took fright and many of them fled from the city. It is a fact that the house of John H. Walker was pelted with stones. The Erie people "had it in" for Mr. Walker, whom they termed a turncoat. As may be shown later, Mr. Walker doubtless had good and sufficient reason for a change of belief. but people in those days were not looking for excuses for any of the Shanghais. Fearing violence, many men left the city, and among them Mr. Walker, who boarded a locomotive in the western yard and was taken into Ohio. It is related by Mr. F. F. Adams that Mr. Tracy, driven from Erie in the same way, took up his residence for a short time in Waterford with a relative until the storm should blow over.
There can be no doubt that encouragement was given to the irrespon- sibles of the community by the passage of a resolution by councils on December 5, just two days before the assault upon the bridge. Of course, it was meant to protect the constabulary, but the element that thrives on disturbance was not of a discriminating character, and readily interpreted the act as favoring them, and they carried on their nefarious work with impunity. The resolution was:
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"That the faith of the city be, and the same is hereby pledged to indemnify any and all citizens of the same for any injury in person or property which they may sustain while acting under the ordinances of the city relative to railroads, and while acting under the direction of the mayor or high constable."
As a matter of fact the sentiment was so strongly against the rail- road people that they had no chance whatever, for though it was well known the attack upon Mr. Walker's house had been made there were no arrests effected. The feeling was intense and from opposition to a measure that was regarded as against public policy and civic interests, it grew into personal animosity. How much this was fostered by the orators of the time it is difficult at this late day to state. No doubt some of the speakers were not judicious in the language they employed. There are relics of the time to indicate this, though I am sure not all of the speakers were of that sort, for a leader among them was the late Gideonl J. Ball, as conservative and well-balanced a man and citizen as ever I knew. But it was the order of the day to strengthen and embellish every utterance pertaining to the railroad difficulty by a profusion of superla- tives that, read at this distance, are interesting examples of style. And there were all sorts of expedients employed to foster personal ill feeling. Examples of this are found in the brochure called the "E-pistol of John," printed anonymously, but. it is said, immensely popular among the Rip- pers during the troublous times of the early fifties. All of these things had their effect in stimulating hatred, which was permitted to extend to the cruel length of including the women identified with the hateful opposi- tion as members of the families of the Shanghai men. It was not excus- able and did not carry out the claim of many leading Rippers that the business in hand was done dispassionately. One of the leaders in the controversy, writing an account of the first attack on the bridges, said : "The fact is the law was strictly enforced and the officers and spectators quietly dispersed," but he omitted the spoiled eggs or any mention of them, nor did he mention the cruel boycott that was established. These are stains upon the honor of the Ripper cause.
The performance by the mayor and his force of constables naturally stirred up increased excitement, and, especially beyond the city's bounds was the unfavorable result of the controversy manifest. Leaders among the Rippers attributed it to the activity of the railway interests that had bribed the newspapers. The real trouble, however, came from the inter- ruption of travel. When people are stopped in their journey they do not care a copper cent about the merits of the case ; their only interest is in getting on. Stopped at Erie by the people of the place, who had broken the connection, travelers had neither patience nor charity to ex- pend upon the subject. It was an outrage in their opinion, and they were ever free to express their opinion. So it became Erie against the world. It was not necessary for the railroad men to put forth a single effort to
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spread the ill-feeling against Erie that was engendered by the controversy here; it spread of its own accord through the agency of the traveling public.
The people of Erie recognized that this state of affairs existed, though, as has been said, they attributed it to the efforts of the Shanghai interests. It affected the people here deeply. It got into the councils, when, on December 12, 1853, the following resolutions were adopted :
"Resolved, That the mayor be requested to telegraph to the governor of the state, inviting him to visit the city at his earliest convenience.
"Resolved, That the mayor be instructed to procure the publication of a manifesto setting forth fully and clearly the facts in relation to the present railroad controversy for general circulation.
"Resolved, That a committee of two from each body be appointed to confer on the propriety of applying for an injunction on the Erie & North East Railroad."
The committee consisted of W. C. Braley and Adam Acheson, of the Common Council, and P. Sennett and J. B. Smith, of the Select Council. Thus it may be seen that while the representatives of the people were anxious to preserve the reputation of the community they did not propose to take any backward steps. On the contrary, they were determined to continue in the course they had marked out. In order to add strength to their position, George S. Russell was appointed an additional constable and David Zimmerman, James Cummings, Henry Martin and Hezekiah Bates were appointed police constables. The duties of these men were to prevent as far as possible any meetings for discussion of matters pertain- ing to the trouble, the expressed desire being that there should be no fomenting of strife. The course pursued, however, rather tended to ag- gravate the trouble, as the so-called Shanghais naturally came most gen- erally under suspicion. Complaints of this discrimination became fre- quent, and, as a matter of fact the Shanghai genus became marked wher- ever an individual appeared.
The determination of the people to make the matter a state issue now came to the fore, and it is worthy to be noted that this new piece of stratagem turned out in the end to be what won out for Erie. There was a meeting of councils held on Jan. 19, Hon. Charles W. Kelso being present. who, in a speech submitted the following resolutions, which were unanimously adopted :
"Whereas, The Franklin Canal Company, incorporated by act of 9th April, 1849, to construct a railroad from the north end of their canal in Crawford county to Lake Erie, and from the south end thereof to Pitts- burg : and under the pretended authority of said act have constructed no other road than one leading from the Ohio state line as an extension of an Ohio road, commencing at Cleveland to the termination of the Erie & North East Railroad, leading from Erie to Dunkirk and Buffalo, at a
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point in the southern section of the city of Erie about one mile from the harbor thereof, and at a great distance from the point of termination as required by their charter.
"And whereas, Such road was constructed by those owning and operating the New York and Ohio roads east and west of Erie with a view to secure a continuous and uninterrupted transit through Pennsyl- vania, to the great injury of the interests of Erie city and county and of the state of Pennsylvania, tending to defeat the main objects of the legis- lature of Pennsylvania in incorporating said company, and is clearly un- authorized, illegal and a gross abuse of the privileges of the said company. Therefore, be it
"Resolved, That in the opinion of the mayor, Select and Common Council of the city of Erie it would greatly advance the interests not only of the city and county of Erie, but of the state of Pennsylvania if the state would resume the rights and privileges of the said Franklin Coal Company, as is provided in the 8th section of their act of incorporation.
"Resolved, That the Erie & North East Railroad Company, by Pennsylvania if the state would construct and own a railroad from the harbor of Erie to the Ohio state line, to connect there with an Ohio road, and we recommend such action. We believe that the interests of the state, which are deeply involved by the proposed construction of other roads, which are required by law to terminate at this harbor would be best guarded in this manner from the powerful influences, which inter- ests, rivaling hers, and in direct antagonism to them can employ upon any incorporated company.
"Resolved, That the Erie & North East Railroad Company, by failing to finish their road to the borough of Erie and the harbor thereof, as required by their charter, and by locating it in a manner so as to ter- minate it a distance of about one mile from the harbor, for the purpose of facilitating a connection with the illegally constructed Franklin Canal Com- pany's railroad, so as to secure an uninterrupted transit through and past this place and harbor to the ruin of the commercial interests of the only port which Pennsylvania possesses on the lake frontier, have misused and abused their privileges, and they should be required to complete the road according to the requirements of their charter.
"Resolved. That copies of the above resolutions be transmitted by the mayor to the governor of the commonwealth at Harrisburg, and that he be requested to call the attention of the legislature at its approaching session to the subjects to which they relate."
Besides, Mr. Kelso offered a petition to be signed by the mayor and councilmen, setting forth charges and asking the state legislature to in- stitute an investigation, when, if the charges are found true, the state was to resume the rights and privileges granted in the canal company charter.
At the same meeting G. J. Ball was present and submitted this resolu- tion, which was adopted.
"Resolved, That the railroad connection proposed to be renewed be- tween the east and west at Erie shall be treated as a Pennsylvania ques-
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tion, and we will make common cause with our brethren of Philadelphia and other portions of the state in its consideration and settlement, and when adjusted as it must be with a due regard to the rights and sov- ereignty of Pennsylvania a just portection will be found secured to all interests at home and abroad."
And still another series of resolutions were adopted, making that meeting a sort of field day for the local congress. They were, as all the others had been, carried unanimously.
"Resolved, That the mayor and councils of Philadelphia be earnest- ly requested to extend to us their aid and sympathy in this our unequal contest with the most powerful monopolies in New York and Ohio, while contending for our and their most valuable rights.
"Resolved. That the immediate subscription on the part of Phila- delphia to the stock of the Sunbury & Erie Railroad in our opinion, would do more than any other act to settle the controversy, as we have reason to believe that the principal object aimed at by New York and Ohio in obtaining a through gauge is to defeat the Sunbury & Erie Railroad, and thereby deprive Philadelphia of her just share of the lake trade."
It was a brave bid for outside sympathy and aid, and it won out as the sequel may show.
Now, the railroad troubles were not confined to the city of Erie. Some of the most dramatic incidents of the entire war took place in Har- borcreek, a short distance west of the station. It is worth while before giving an account of what happened at the grand climax to relate what Jed up to it. When the route of the Erie & North East Railroad was original- ly surveyed a perfectly straight line was laid out from end to end. At the present time, if the weather be clear, one standing in Fifteenth street. near the Morton house, and looking east along the railroad could see the track beyond North East, but for the natural curvature of the earth's sur- face. As it is the road stretches in an absolutely straight line as far as the edge of the horizon. There are varying grades, but the line is direct. It is not so with the highway known as the Buffalo road. At the present time, all who have traveled east will remember, there is a crossing of the Buffalo road between Six-Mile creek and Harborcreek village. When the road was built. however, the road was differently laid out. Inclining slightly toward the north, it crossed the line of the railroad on a tangent that was nearly parallel; soon there was another tangent that brought the road again to the south of the railroad; and a few rods further along again the road crossed to the north. Thus, at three different points, within a very short distance, the railroad occupied a considerable portion of the public road ; at one point 30 rods, at the second 40 rods, and at the third point 80 rods-in all 150 rods of the highway was appropriated by the rail- road, and in such a manner as to render it emphatically a nuisance.
The action of the railroad company in practically appropriating 150 rods of the public highway was vigorously opposed from the start by the
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Harborcreek people. It was declared to be an unwarranted infringement upon public liberties, for the highway existed legally before the railroad did. The contention lasted for a considerable time, until at length the railroad company, representing that a contract had been entered into be- tween the Erie & North East Railroad Company and the New York & Erie Railroad Company by which a through line between Erie harbor and New York was to be built, a line of road that would give the farmers of Erie county direct access to the best markets in the country, obtained the consent of the people of Harborcreek to permit conditions to remain as they were.
When, therefore, instead of building the line of road that it was represented had been contracted for the railroad interests took steps to effect a consolidation that would favor the west and discriminate against the farmers of eastern Erie county, there was an instantaneous uprising in opposition. The road commissioners of the township ordered the re- moval of the railroad track from the highway, and it was promptly done. The railroad people followed soon afterwards and relaid the track. Again it was torn up by the order of the road commissioners, and again it was relaid by the company. Then came the most noteworthy incident in the history of that war.
It was on the 27th of January. The force under the road commis- sioners were again at work removing the obstruction from the highway when a train carrying a large force of men, stated by some to be 300, came on from the east. They were laboring men, track layers and work- men in the employ of the Buffalo & State Line Railroad Company. The train was in charge of Charles Coffin, conductor. As soon as this party arrived on the scene Conductor Coffin and C. C. Dennis, superintendent of the B. & S. L. road, advancing, commanded the workmen to desist and leave the place. They refused, declaring they had a right to be at work upon their own highway. Thereupon Coffin drew a revolver and renewing his order advanced upon the workmen, who, however, stood their ground. Thereupon the conductor, cocking his pistol, pulled the trigger. It only snapped, but again it was cocked, and a second time snapped. On the third attempt, however, it was discharged and the ball hit a man named George Nelson on the head. He fell but was soon on his feet again, the ball having been deflected by the bones of his skull and causing a wound over the right ear. Coffin followed up the attack by aiming his pistol at Wm. Cooper, but the gun snapped both times the attempt was made to fire. At the same time the followers of Coffin charged upon the farmer people with shovels and picks, and W. W. Davison, a prominent citizen of Harborcreek, was hit on the back of the head with a pick and seriously injured. Though the railroad force was vastly superior in numbers the farmer people made a bold attempt to arrest the leaders, but were frustrated.
When the news of this affair reached Erie its effect was like that of applying a spark to gunpowder. Instantly the whole town was astir. The
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military sprang to arms and at once headed toward Harborcreek. Every conveyance obtainable was immediately seized. Farmers who had come to town with loads of wood for sale were surrounded, their wood pitched out on the roadside and their sleighs appropriated. In all manner of vehicles the people proceeded toward the scene, and Col. Thompson, speak- ing of the incident, states that, having been that day at the scene of the occurrence in Harborcreek and on his return, he was astonished to meet at the bend in the Buffalo road, near Saltsman's, a vast throng of people. Instead of carrying the news of the affair himself he was met almost half way by the crowd, eager for revenge upon the railroad men. It was incredible to him that the intelligence could travel so swiftly. But here was evidence of it. The military were there, with their muskets and a company in charge of a cannon, while it appeared as though thou- sands more were included in that vast throng.
That battle of the crossing did not end the doings at Harborcreek. The people there were vigilant. The leaders there were John Kilpatrick. Ira Sherwin, Archie Kirkpatrick, the Davisons, John Jacks, and many of the most substantial people of the country round about. The track was re- peatedly torn up.
At length the railroad people got the matter before the United States court at Pittsburg, and a deputy U. S. marshal was sent here to serve an injunction process. It was at this time the celebrated incident occurred which has become historic in connection with the trouble. The officer of the court proceeded to serve the writ upon the rippers who were then on the ground, and who ignored the officer. Demanding recognition he flashed the legal document.
"What is that?" Archie Kirkpatrick inquired.
"An injunction under the seal of the United States Court," the officer answered, referring to the stamp of authority which it bore.
Kirkpatrick seized the document and throwing it upon the ground stamped upon it with his heel.
"Now it has the seal of Harborcreek," said the quick-witted if not overly respectful farmer.
It cost him considerable in the end, however, as in the course of a short time officers of the U. S. circuit court arrested John Kilpatrick, Ira Sherwin, Archie Kirkpatrick and John Jacks, and took them to Pittsburg and locked them in jail for contempt of court. They remained in prison for a considerable time. By the time this occurred, however, there was a strong sentiment favorable to Erie prevailing in Pittsburg, and among those who manifested friendliness were Sheriff Magill and his wife, who had charge of the Erie prisoners, and treated them with unusual kindness. This so pleased the people of this city that the ladies of Erie presented a service of silver to Mrs. Magill as a token of appre- ciation of the kind treatment extended to the Ripper prisoners.
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A closing feature of the stirring incident of December 27, at Har- borcreek, is one which contained in many of its aspects much of comedy. It is only proper to state. however, that there are two versions to the story. That which seems the most likely to be true is that the defenders of the highway, become zealous in their efforts to effect the capture of those responsible for the grievous injuries inflicted upon certain of the citizens, pushed their efforts to such an extent that a number of them boarded the cars with the purpose in view of capturing the train. It was a clever stratagem, and because of the boldness of its conception no doubt merited success. According to the story told by the railroad people it might have been successful but for a single fact, as the boarders manifested such gallantry that they were driving the occupants forward and out. But they had made one important mistake. They had attacked from the rear. No sooner was it learned what was in progress back in the train than the engineer started the train in motion. Discovering this the boarders made haste to reach the doors and beat a hasty retreat. Necessarily, they had to proceed in single file. Meanwhile the speed was rapidly increasing until the train was going so rapidly that two of the invaders, William Cooper and another, were afraid to jump, and so were given a free ride to a point beyond the state line.
Mr. Cooper in a sworn affidavit, next day, stated that he was on board the train because of a special invitation given by Supt. C. C. Dennis. As soon as he and another were got aboard, he states, the doors were lock- ed so that escape was impossible. Thus they were carried unwillingly to a point which he believed to be several hundred yards beyond the New York and Pennsylvania state line, where they were forced to leave the car. Then, he says, he was set upon by a large body of men and badly beaten, and at the conclusion a man named Bill Kasson kicked him all the way back into Pennsylvania. It is related that subsequently he exhibited to sympathizing friends the evidences of his maltreatment.
It was not the end of the incident. Mr. Cooper instituted legal pro- ccedings against the people whom he alleged had encroached upon his liberties, his bill of complaint charging them with kidnaping and assault and battery. It came to trial in due course, when the result was that the learned judge ruled that, being a white man, the charge of kidnaping would not hold. If he had been a child (a legal infant) the charge might lie, or if adult, he had been a negro, then too, he would have a case. But, being a man, and a white man, he could not establish a case of kidnaping. So that count fell through. Then, as to the assault and battery charge, according to the complaint the offense was committed in New York state, which placed it beyond the jurisdiction of a Penn- sylvania court. Therefore Mr. Cooper had no redress. But he became a hero, none the less, among his Ripper friends, while the incident gave the Shanghais an opportunity to crow, which they did.
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It became the subject of one of the popular ballads of the time, for in those days the redoubtable Maj. Fitch was in the prime of his mentality, and his penchant for grinding out rhyme found opportunity not to be wasted in so stirring an incident as this. Old Maj. Fitch was perhaps the very last of the minstrels, long subsequent to the aged Palmer that Scott rated the last of his honored profession. And Maj. Fitch, or rather the major's so-called poetry, enjoyed immense popularity while the so-called peanut war lasted.
The warfare continued in Erie, though the action was along what might be termed legal lines. The railroad company succeeded in carry- ing their case to such an extent that U. S. Marshal Frost was sent to Erie to see that the orders of court restraining the city of Erie from interfering with the railroad people were carried out. The citizens com- plained that he lent himself to the railroad cause, and not a few alleged that he was in the pay of the railroads. The statement has been made that he superintended the work of relaying the tracks and rebuild- ing the bridges.
It did not avail, however, for the trestle was a second time torn down, and upon this occasion it is said to have been a most picturesque travesty. The work was done by women! That is to say, all those en- gaged in tearing up the rails and pulling down the bridge wore women's clothes. But now and then something would occur that would give the snap away and induce a roar of laughter. Someone of the party wanted a jack-knife or a bit of his plug tobacco, and, forgetfully, would hoist up his skirt to extract it from his breeches pocket, disclosing his big boots encasing the legs of a pair of heavy trousers. Again a number of the women got in the way of one of the long ropes attached to the timbers of the bridge, and when the oxen were started up and the rope sprang taut it overturned a bunch of them and revealed a lot of big leather boots kicking out of the feminine skirts.
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