Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-08-03
THE HUNTER TRIAL.
The Motion for New Trial OverruIed-.
Hunter Sentenced to be Hanged or
the TWeuty-f3rst Of November

AKRoS. July 9-At three O'Clock on Satur
day afternoon :.,e court convened. II. c. San
ford. for the defense. made a motion for nev
trial, which Judge Mcclure overruled Hunte
was brought in and told to rise. He was Yer,
pale, but cool. The Judge said:
Mr.. Hunter: On the second day of June 1871
the Grand Jury of the county of Summit re
turned an indictment against you. deelarin:
in substance that ON the 9Th day OF May last
in the township of Richfeld. in said county
charge you interpOsed the plea of not guilty
The determination of the issue thus Joined ha
been submitted to jury of able and impartia
men. Your defense has heen conducted b,
able counsel, who have left no fair and honor.
able means untried which tended in any de
gree to manifest your innocence of a crime 81
monstrous, and, if established, so disastrous te
your early hopes. That jury has returned
verdict declaring you guilty Of murder in the
first degree, thus sustaining the charge al
ready described. Having informed you of the
| verdict of the jury in accordance with the re-
| quirements of the law. in accordance with The
| provision of the same law | now ask YOU
| whether you have anything to say why judg-
ment should not he pronounced against YOU
subiecting You 10 the penalty prescribed fol
| such crime:
Hunter rose slowly, looked around, and said
| have, sir, have a very bad cold, your Honor
l think 1 have been dealt very unjustly with
| ! have not had my witnesses here that would
nave suDtantiated my innocence. If did not
tell my counsel, it was because forgot ii. There
were witnesses here that never spoke to. Mr..
when my books show only owe him thirty i've
and he offered me eighty dollars for my lot.
Ihey lied about me when they said did not
see Chloe in Elm Hall. did see her twelve,
yes, fourteen evenings. i was with her in Elm
Hall. was 10 uphold her in every shape and
form, and they have denied me a righteous
trial They accuse me Of shooting Mrs. Gar
gett- l never remember seeing the lady, so
help me my God, so help me my God. to my
knowledge. remember seeing Mr.. Gargett,
the nrst and last. l am no murderer. last
recoilect OF jumping OF the wagon and speak
ing. had my revolver in my pocket To shoot
myself if should not get my girl Chloe. don't
value my life. My girl, die for her. They
tore out my heart in Michigan. They kicked
me out when | went to see her. They had n
right to bring her here. and Mrs. Stiles. | had
nothing against Mr.. and Mrs. Gargett. They
treated me As child. They were all well sat
ished with me. told them l was poor man.
l stated the case that spent all my money as
fast as earned it in travelling, it may be fool
ish. was going 10 settle down. I've been 4
trne man to her. The last time 1 was with
Chloe Gargett was when wo went out riding
and George TORY, who swore my life away,
held the horse. She told me she would marry
me if the Devil stood in the door. am willing
to die for the girl, but not for murder have
no recollection of it. Chloe was in Elm Hall
three weeks, and We visited together, This is
the truth, from the lips of dying man. II had
money to pay I'd have been shown an innocent
man. l am no murderer. / am destitute.
have no relations in America. did not know
what WAS ahead of me. / was willing 10 die,
but oh, God, wanted to bid her good by. When
went TO visit chloe at James Gargett's l said,
as Chloe here? I'd like to see her." He said
"You can't. because she don't want to see YOU"
She came down when ordered to. She stood at
the door. TO my dying day I'll never forget
how she looked. Her heart was breaking with
bitter grief because she could not speak TO me.
told her to come to Elm Hall, and I'd see her.
Three days after she sent letter to me saying:
Come over, John. for you are the man love-
in my right mind will shoot no one. There is
no more sensitive man in the world than me.
Ii Is not my nature. l did not murder, God
forbid. have suffered more from this love ar
fair than allthe men in Ohio. know it. I went
over to James Gargett's, knocked, went in, and
was greeted with love and kindness BY my
Chloe. She was loving every time. She told
her sister when going away: MARY, give nv
love to John. i will ever prove true to him.,
The next heard she had gone back on me, and
they kicked me, and have never seen her since
They would not bring her on the stand because
it would gratiiy me too much. To my dying
day shall say: God bless my love-"
Judge Mcclure then resumed:
Notwithstanding your statements. Mr.. Hun
to you that in my Judgment, the verdict of the
jury is fully justified by the evidence upon
which it was based. do not see how without
violating the solemn oath which was admins
tered to them, they could have returned diff
ferent verdict. 1t therefore becomes my duty
and it is a painful one, | assule you, and one
from which would gladly escape, were it pos
sible for me to DO so, to pronounce upon Won
the extreme penalty known to the law. Before,
however, announcing the sentence in form,
permit me to remark that the same power
which prescribed the penalty for the crime of
which you have been convicted has also hu-
namely provided that at least one hundred days
shall intervene between the sentence and
judgment and the day appointed for the execu-
tiOn thereof The design Of this delay is two
fold: First, to enable your counsel, in the
event they may think an error has been COM
mitted by the court during the progress of the
trial, TO take the necessary steps to reverse the
judgment on that account; and, secondly, and
perhaps wisely, to give you time to make such
preparations rs you may deem necessary for
your approaching doom. In regard to such
preparation, have no advice to give you. Di-
yided, as the world now is, into different sects,
have long believed that each and every man
should be left to his own untrammeled judg-
ment in regard to matters of such immense
Importance. Actuated by such conviction,
most sincerely entertained leave you entirely
free to adopt such course as your Judgment shall
dictate. Nothing more remains for ME TO say
except the fOllOwing;. 1t is the Judgment of
this court, and the sentence of the law, that
You be taken hence to the Jail of this county,
that you be there safely kept by the jailor
thereof until Tuesday, the alst day of NOvem-
ber, 1871, and that. on that day, you, John H.
Hunter, be taken to the place of execution
prescribed by law, and that, then and there,
between the hours of ten O'Clock in the fore
noon and and twelve O'Clock at noon of said
day, you be hanged by the neck until you are
dead.n