The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-04-06
SELF-DEFENSE.
JUDGE NYE GAVE HIS CHARGE
TO THE JURY FRIDAY A. M.

Joseph Fox Gives Graph Description
Of His Fight for Life with Fred Pachen-
bush. in Mr.. Vests Barn.
The trial of Joseph Fox for murder oc-
cupied the first four days of last week,
Judge Nye delivering his charge to the
jury at 8 O'clock Friday morning. The
court room was crowded during the en-
tire trial. Fox was seated near his attOr-
neys, A. R. Webber, George Blinn, and
Lee StIoup, and took the utmost interest
in the proceedings. His father and
mother, and little sister were in con-
slant attendance. Several times during
the latter part Of the trial, Fox was Wis
IDLY affected, once while his mother was
testifying, and during the arguments of
G. L. Blinn and A. R. Webber.
The crime with which Fox is charged
was committed on the 9th day Of last
January. On the morning of that day,
Fred Pachenbush, labOrer in the em-
plOy OF Charles F. West, farmer living
near Wellington, was found unconscious
i'll the barn. He was removed to the
house of Mr.. West, and died short time
afterwOrd. 1t was discovered that Pach-
enbush had been robbed of pair of felt
boots, his pOcketbOok, and pair of
gloves. Sheriff Lord was notified, and
Immediately began work on the case.
Suspicion was directed against Joseph
Fox, a farm hand formerly in the employ
of West, but at this time working for
Frank Faragher, east of LOrain, who had
been visitor at the West home the day
previous to the murder, looking for
pair of felt boots that he claimed he had
left at Vests when in his employ. Fox
left the Faragher home on the 25th, Os-
tensibly to go hunting, carrying dou-
ble-barrel, muzzle-loading shotgun, and
did not return until the 9th, and with
out the gun, but in its stead had pair
Of felt boots and mittens, which hp
claimed he traded the gun for. Fox's
sudden appearance and disappearance at
the West farm created suspicion. and the
sheriff caused his arrest on the 28th of
January, and the boots and gloves found
in his possession were identified as the
property of Pachenbush. and F0xs gun
was found later in the sugar-bush near
the West home.
Nearly all day Monday was taken up
in selecting the jury, which was compos-
ed of the following gentleman; Quincy
Sage, John YOupglass, Noah Peck, Nor
ris Tuttle, H. P. Kennedy, R. N. Nichols,
Clarence Beardsley, H. W. Hall, f. A.
Edmunds, Alfred Walker, William Benn-
ington, and G. W. Turner. Late in the
afternoon, the case was presented to the
jury and court adjourned until Tuesday
morning at 8 o'clock.
Fifty witnesses were present at the
trial. the first called for the state being
Charles Scheide, the photographer of this
city, who accompanied Prosecuting At
tOrney Thomas to the scene of the murder
January %, for the purpose of securing a
number of views of the scenes about the
place of the murder. These photographs
were identified by the witnesses aud Of
fered as evidence.
The next witness called was Charles F.
West, who owned the farm where the
murder was committed. He described
the location of the barn where the body
of Pachenbush was found in connection
with other buildings, the sugar-camp,
the place where Fox hid the gun and sew
eral articles Of clothing, the room Occu-
pied by the murdered man on the night
before the murder. Mr.. West identified
the barn-dOOr roller, the instrument that
Pachenbush was struck with. He also
identified Pachenbush's boots and mitteDs
that were found in the possession Of Fox
when arrested.
Mrs. West was next called by the attor-
ney for the state, and testified substan-
TALLY as follows: Il am the wife Of Chas,
West; l was at home on the night Of Jan
uary 26; my husband was away, but re.
turned the next evening; | knew Fox
he worked for us; Isaw him at Ouy house
Oh the 26th Of last January, in the fore
noon; Pachenbush told me that the mar
at the barn said he had worked at Oul
house; but he did not know him; FO1
came to dinner with Pachenbush; FO1
told me while he was eating dinner about
different places where he had worked
since leaving our place; Fox and Pachen
bush ate dinner together; Pachenbusl
told me at supper time that Fox went t
the woods with him and did not return
with him, but remained in the woods
Pachenbusch was drawing wood during
the afternoon from the woods; after sup
per, Pachenbush read paper until
o'clock; the next time / saw him was af
ter 6 o'clock the next morning; he cal
into the kitchen while l was AT work; h
left for the barn shortly before s O'clock
went to the barn to SEQ why he did no
come to breakfast; IOpened the barn-dOO
and saw him sitting on the barn-hoOr
and heard him grOaning; he could no
: speak; asked him what had hurt him