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From: Charla Marchione <>
Subject: [FOX-L] Re:John Fox of Hocking Co., OH - Part IV
Date: Mon, 07 Jun 1999 19:27:12 -0400


This is the fourth installment in the story of the murder of John Fox of Hocking County, Ohio, which is fairly long. After this one, the remaining sections are quite short and I'm considering combining them.

"IV - The Trial and Sentence

The Grand Jury commenced its session on Monday, March 24, 1856 with the Honorable Henry C. Whitman presiding.

Empaneled as the Grand Jury were:

David Dresback, foreman
Jacob Butin
George Hansel
Levi Mutter
David Weaver
James Crawford
Jacob Trout
Samuel Jones
Elias Bainter
Jacob Mimon
Frederick Harpel
William Barnett
John M. Shaw
Emanuel Beery
Samuel Dermuth (believe this is Demuth)

After the above members were sworn in, evidence was presented to them in the case concerning the murder of John Fox. The Jury then retired for deliberation.

On Tuesday morning, March 25, 1856 at 8:30 o'clock the Court met and the following entry was made upon the journal:

The Grand Jurors of the State of Ohio empaneled and sworn in and before the Court aforesaid at the term thereof aforesaid (March term) in the name and by the authority of the State of Ohio upon their oaths do find and present that Elias Primmer late of the County aforesaid on the Twenty-eighth day of February in the year of our Lord
one thousand eight hundred and fifty-six with force and arms at Laurel Township in the County of Hocking in the state of Ohio in and upon one John Fox in the peace of God and of the State of Ohio then and there being feloniously, wilfully, purposefully, and of his deliberate and premeditated malice with a certain stick of wood which he
the said Elias Primmer in both hands then and there had and held the said John Fox in and upon the left side of the head above the left ear of him the said John Fox then and there feloniously, wilfully and purposely, and of his deliberate and premeditated malice did strike and beat thereby giving the said John Fox then and there with the
stick of wood aforesaid in and upon the left side of the head above the left ear of him the said John Fox one mortal wound of the breadth of three inches and of the depth of two inches of which the said mortal wound the said John Fox on the said twenty-eighth day of February in the year of our Lord one thousand eight hundred and fifty-six
at the township aforesaid in the county aforesaid instantly died and so the jurors aforesaid upon their oaths aforesaid do find and present that the said Elias Primmer, the said John Fox, in the manner and by the means aforesaid at the township aforesaid in the county aforesaid, feloniously, wilfullly, purposely and of his deliberate and
premeditated malice did kill and murder contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Ohio.

Mr. Primmer was arrainged and pleaded not guilty to the charge. The Defense Counsel asked that the case be continued since they were not prepared for trial. Primmer was then put in custody of the sheriff, and the court ordered that he be placed in jail to be "safely kept" until further order of the court.

On April 7, 1856 the Court ordered the Sheriff to summons thirty-six jurors to appear before the Court of Common Pleas on Monday, June 9, 1856 at 10 o'clock A.M. to serve as petit jurors in the case of the State of Ohio against Elias Primmer. The jurors summoned were:

1) William O. Tucker
2) Nathan Dicken
3) John B. Dicken
4) Isaac Pennell
5) William Alexander
6) Jacob Flowers
7) William Plummer
8) Nathan R. England
9) Evan Harden
10) Thomas England
11) B. A. Edson
12) Joseph Oldfield
13) Charles Harcules
14) J. (?) Longstreth
15) Jesse Poland
16) Peter Chidister
17) Andrew Ketchem
18) Elijah Dyson
19) Benjamin Hanley
20) David Shultz
21) George Frasure
22) Jeremiah Sims
23) David Miller
24) J. G. Blossor
25) Joseph France
26) David Funk
27) Peter A. Woltz
28) Robert Bain
29) S. J. Stacy
30) Robert Woods
31) James McDowell
32) Daniel Haynes
33) Z. D. Wiggins
34) Christopher Haynes
35) Samuel Stultz
36) John Shaw

The Honorable Henry C. Whitman was the presiding judge when the Court convened on June 9, 1856. Henry R. Saunders was the prosecuting attorney, W. H. Harris was the clerk, and Henry Barker was acting sheriff.

William Plummer, Joseph France, and Z. D. Wiggins did not appear for jury duty and were excused. In their place were called three substitutes from among the bystanders; namely, Andrew Burnsides, James Carpenter, and Isaac Everett.

From the thirty-six names six were empaneled. They were, Isaac Pennell, Elijah Dyson, David Shultz, Peter A. Woltz, Robert Woods, and James Carpenter. The remainder of the thirty-six were challenged by the prisoner and were disqualified.

The sheriff was then ordered to summon twenty additional jurors from the bystanders and submit their names. The remainder of the jurors which were empaneled from this group were: Stephen Fluharty, Alexander M. Burgess, John Curren, Adam Strohl, Thomas Eckles, and Francis A. Gibbons.

After the jury was empaneled, the court adjourned further proceedings for the day. The jury was required to remain together in charge of an officer of the court until the next morning at 8:30 o'clock.

At this time Mr. Silas G. Wright, and Mr. John M. Connell were appointed by the court at the request of the Prosecuting Attorney to assist in the proscution. Mr. Grogham and Mr. Hunter were counsel for the defense. The court again adjourned to meet on Wednesday morning at 8:30 o'clock.

The actual trial lasted for two days, and in that time evidence was presented that was so conclusive that it left no doubt about the guilt of the defendent. Bit by bit, the fateful day was recounted by witnesses who actually saw Primmer on the day of the murder. Piece by piece the details were put together. The appearance of Mr.
Primmer at South Perry was told by the two store keepers, Mr. Fetherolf and Mr. Stearns where he purchased the gun, the liquor, and the woman's satchel; where his gum cane and striped trousers were conspicuous.

Then Levi Oswalt told how he had stopped at his mill and asked for supper, and that he ate alone. Mrs. Floyd, mother of Levi, wondered about him, and sent Levi to follow him and see which way he went.

Mary Stump testified that he had stopped at her house just before sundown to again ask for something to eat, and that when he left, he headed in the direction of the Fox home.

Probably the most dramatic witness to appear and face Primmer in the court room was the woman that he had meant to kill. Feeble and weak from old age she took the witness stand. She told how he came on the night of her husband's death "between daylight and dark" and that he taled (talked?) very nice. How he gave the old man liquor, and
after they had all gone to bed, she heard Primmer get up and go outside and then return and take a drink from his bottle. How he picked up the gum cane and hit her with it, saved only from a mortal blow by her upraised arm, and bedstead. How she had rolled over to the back of the bed and on to the floor, then under the bed where she lay
and heard blow after blow falling on her husband, and all the while Primmer was demanding of him to tell where his money was.

She told how she lay under the bed until after Primmer had left, and that she then crawled out and with a pail of water from a stand she had extinguished the fire. Not being able to go for help she waited throughout the long night until her son, William, stopped in the next morning to see how they were.

William and James Fox, both sons of John Fox; John Kinser, Mary Stump and Fanny Cupp, all neighbors of the Fox family told how they had stopped in on the morning following the murder, and that they had found the house in disorder, a burned place on the floor. The satchel, the cane, the bloody club were there. A pocketbook, with some
paper money in it, among which was a torn two dollar bill, the striped trousers, all the things that Primmer thought would be consumed in the flames of a fire that never burned.

Much interest was shown by the people of the area in the trial. An immense crowd was in attendance during the entire trial, and many were unable to get a position from which they could see or hear anything. Not withstanding, nothing occurred to disturb the proceedings in the least.

The following morning the Court charged the jury which then retired to deliberate attended by an officer of the court. The jury, after deliberating twenty-four hours, returned to the court room. After the roll was taken, the court inquired of the jury if it had agreed upon a verdict. The jury answered that it had, and delivered in
writing the following verdict::

'We the jury find the defendent, Elias Primmer, Guilty of Murder in the first degree as charged in the indictment.'

The prisoner then through his counsel demanded that the jury be polled. The request was granted and the verdict stood. The prisoner was remanded to jail to await sentence.

On July 15 the prisoner was brought into court by the sheriff, Henry Barker. The counsel for the defendent was present and the defendent was placed before the bar and was asked if he had anything to say as to why sentence should not now be pronounced. The prisoner answered, by his counsel, that he had nothing to say except to appeal to
the court to extend the time as long as possible for the execution.

Horrible indeed must be the thoughts of him who can look forward to but a few days and count the moments he has yet allotted him to live.

The sentence of Judge Whitman is such as one might expect from such a man. He fully reviewed the evidence, going over the testimony that had been given. During the delivery of the sentence, the audience was remarkably still. Several times could silent and sympathetic tears be seen to course down the cheeks of not only the ladies, but
the robust and sunburnt faces of the stout hearted men. Scarcely an eye was dry when the judge concluded with the following sentence and judgement:

'That the defendent, Elias Primmer, be removed from this place, and detained in safe and close custody in the Jail of Hocking County until Friday the 15th day of August, Anno Donimi 1856, and that between the hours of ten o'clock in the forenoon and two o'clock in the afternoon he be taken thence to the place of execution and then and
there hung by the neck until he is dead'.

An application was made to the Governor of Ohio requesting a reprieve so that a new trial could be requested. The application for a new trial was made on the basis that some of the jurors were prejudiced; that some of them had expressed opinions previously that they thought Primmer was guilty.

Naturally, this action on the part of the defendants caused people about the county to talk and make remarks. Some thought that the defendents were going to try to make out that Primmer was not in his right mind; but anyone who could lay a plan to kill the old folks and then burn the house didn't look like a crazy man. However, coming
to town and getting a room in which to count his money didn't look too smart or sharp.

Governor Chase had no choice from the charges in the application but to grant a respite of the execution. On August 4 he ordered that the execution be delayed from August 15 to November 26, 1856 in order that the defendents would have time to apply for a new trial.

The charge against the jury was a grave one. They had stated under oath that they had not expressed or formed an opinion as to the guilt of the prisoner. They had stated under oath that they were not prejudiced in any manner against the prisoner. The affidavits therefore charged these jurors with perjury.

This delay in the execution caused some concern among the people. There are always some who are radical, and thought that the delay was only a first step in getting the prisoner free from the extreme penalty. There was a fear that these extremists might try to take the law into their own hands. It became evident that to keep Mr.
Primmer in the Logan jail would be to endanger his life and the peace of the community.

On August 12, 1856 Governor Chase issued a warrant for his removal to the Ohio State Penitentiary in Columbus. The action on the part of the Governor highly incensed the local people who were insisting on more prompt action.

The staff of the Hocking Valley Republican newspaper visited Primmer in his cell at the penitentiary on Wednesday (probably August 13). They found him looking through the iron grating of his cell door, the most wretched looking being that they had ever seen. They tried to talk with him but Primmer was not disposed to say much. He did
tell them that it was only through the entreaties of his father, and his wife that he had consented to be brought to Columbus for safe keeping.

Primmer was returned to the Hocking County jail on Tuesday evening, November 11 to await the decision of the court upon the application for a new trial. The application was turned down, and with it the last hope for Primmer to escape the gallows."

Charla Marchione

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