The New York herald., 1867-03-02
Henry Gardiner, at Elmira., N. T., for
the Murder Of Andy Mllock.
Iorar Greeley, at Charlsston, 4. O., for Tho
Murder Of Barnwell 3. Rhett.

yesterday
his life was committed on the afternoon Of Friday the
lst day Of july 1885, Wagner had been roaming about
the city during the morning and conducted to his
dwelling a. No. 4l6 Broome street. while in state Of
gross in,oxication. His wife, Mary Wagner, met him
the stoop the Of their abode and upbraided him
for his conduct After words had passed between
she coupo Wagner seized which lay by and
dealt the unfortunate woman q terrific blow upon the
head the weapon entering the brain and causing
death The alarm was given, and Wagner, thoroughly
sobered at the very thought Of the fearful
consequences Of tho Decd taken into custody by the
Eighth precinct police. On the day after the
occurrence an inquest was held on the body
Of the victim, the proceedings resulting In the
commitment OF Wagner, who, at the time, professed
20 have no knowledge whatever Of the crime In Octo-
Der the prisoner placed on trial in the Court Of
General Sessions Recorder Hoffman being the bench
She counsel for tho defence claimed behalf Of his
client tina. the murder had been committed while the
ssaant In state Of frenzy and that he, therefore,
could not be held accountable for the act In the opn
ion of his counsel Wagner could, at the worst be
victed OF manslaughter only. This plea however,
proved Intellectual, and ere many days had elapsed the
jury rendered verdict by which the culprt decar
cd guilty of murder in the first degree Wagner
then sentenced to be hanged Friday the 18th day of
December 1866, and removed to the City Prison. of
which he remained inmate until yesterday. Albeit
the prisoner listened cooy the utterance Of his DOOM
he lost opportunity 10 avoid suffering eon's DEATH
and his counsel obtained delay after delay though all
exerons ultimately to prove fruitless The
nrst taken to the General Term OF the Supreme Court
mad heard the verdict was The suit
then brought before the Court Of Appeals and again
argued, but the decision Of the lower court was
taned. BY that time the day originally appointed for
the execut ion having passed. Wagner sentenced
% be hanged on Friday tho LIST day OF March the
being carried into effect yesterday Fen.
ton had been petitioned for Communication, but had
repeatedly declined to interfere with the decree Of the
law and in letter addressed by him 10 the counsel for
prisoner Thursday last be expressed the resolve
to adhere to his first determination.
IN CARcERE.
Wagner was in confinement upwards Of nineteen
months and since his first incarceration enjoyed appa
rent good health although is understood that ho had
suffered from consumption some time previous to the
murder OF his wife, During the last six months OF his
Of The prison which during tho past few days has been
the rendezvous OF the visitors, who, having peercd
through the other wioxe.s 2, the lesser criminals,
whose days upon earth wore SO rapidly drawing 10
iheir close The condemned man gave his keeper little
ter indeed, he seemed to have but one, Swzer who.
since sentence had been first passed. abored night ana
day TO obtain Communication Of the death penalty. Of
late the prisoner realizing that there was little hope for
either resp pardon sought spiritual consolation by
intercourse with Fathers Dranquet and McKcnna and
the Sisters Of Mercy and more than declared that
he fully prepared 10 die As 1t was desired however
afford the murderer every chance TO escape the gal
lows, and 1t limited that the prisoners mental
faculties deranged sher Kelly and the counsel
Tor tho accused caused Wagner TO be examined by
committee OF ply scians, who unanimously pronounced
hts intellect unimpared So the prisoner robbed Of his
last hope once more turned TO gon strength and
promise OF future forgiveness Day followed day unt
ut length the OF the lst Of March at hand and
the attentions OF the priests and the thousand
little acts OF Kindness performed by harshcst men
to ease the las, hours Of the dying showed how imm
nent the retrbutien.
For two months past the demeanor OF Wagner
had given great consolation to his spiritual adviser Rev
Father Duanque who had been unceasny his attend
upon the doomed man On Thursday afternoon
two Sisters Of Charity visited him IN he cell No tine
in which Colt confined i'll lS43, and from which
Stephens and Gordon have at more recent dates, gonc
forth to expae tho galiows erected in the prison
ri hair rtr.ao th0 lpw NJ Enh md
man. They remained with Wagner until about half
past six O'Clock, reading religious works and reciing
devotion The good Sisters OF Charity had not long
departed from the presence Of the unfortunate man
when the aud much beloved Duranquet entered
tho PRISON. His advent announced TO Wagner who
welcomed him with much gladncss. They sat together
attempting to inrude uron their privacy The clergy
and the culpr continued thus engaged until about
George ' sa cadnns A' aud 'is Patrick Cullen, nvied
the latter to partake Of somc tea which they
,vcov 20 ave the Seepsr the
least possible trouble He Yielded however To their inn
poriuntes and ATE somewhat freely Of bread and nn,
OF tho who were endcayorng TO melioratc his
S aw a and an a. S the
keepers the opposite side Of the corridor bearing
return for the bread which he had consumed.
Hs REriRks TO HIs CELL
After partsking of the food Washers spirits seemed
20 revive, and he convcrscd few moments longer
with the clergyman, when he expressed desire TO
sieep Re-encring the cell he rec.ned upon the plain
and pentent pallet which has often been moistencd
with the sorrowirg repentance since his incar
esration He had no, remained long ii bed when the
sound Of heavy breathing indicated that he had fallen
Into sIocp. which proved his last On this esrtb
WATCHERS.
While the unfortunate slept his watcher, Messrs
George G. Cadmus and Patrick Cullcl- prssn keeres-
and Thomas Smith and George cofin, depcty sher A.
gathered their chairs convenient che large stove
which was in the corridor immediately m ieat Of cell
No 4. One by one the reporters drspprs ~ ana took
w 'nsr s.. ss of G Condemned in This last
night or his numbered jyst zine pers HA-Ee Prison
consssni and devoted fsthcr confessor, eho dtd
Seaye his po-t OUTSIDE coll door while nisnicr~ase
charge slept
All vas nov calm and und.ssurbcd. aud the Stiffness
vas uDiroken, save BY an oecs-ens yoen.
inge Of those convenient 10 Wasnsrs ce and n o2d
ticking or the prison clock a. y told on the nuaetsa
SECONDS. miLA which the coidcmned bA pes.
taps now thou shtess. Wagper sismbennE ava ~
~ narrow Wonder II be aoss MI IN drerns
transported from this mundane spscre nso me fea uss
~of space and ,nnv there o. Contemplate in sDtcA "a
don The dread " The dim light wss reject "a
from the lamps which, placed at etor cod OF the hati
used to ilGesinais the lopg AID narrow and lo
corridors. narroya-, sppsresdy, by reason ~ thet
so~ undsr O's s a1s5 % sad 0 sssdosy light not
nia'ed 10 lend eeafm 20 scene wnich must ever
spv 'sS q ne msa be c, ns
rSacy broken BY tue rardeu start and race Of prison
aoss song me halls and sage ways mpeled by their
hosly ~ the nrnberless. whicn would fuTtively
dart from Their hiding psss feeling assured perhaps
ths, their excursions wot,d be unnot,csd amid the
narkbess which enye0ped the place. Tnus night |
progressed unl about two O'Clock, when Wagner L
hoard 70 turn o his bod and coz "a consumptveiy.
WAXING MOSASrs.
On the least sound proceeding from the cell Father
Dnranquet OF kseperwoud spprach and gently open.
log the closed but nehsr boed barred door glance
st their ward sometimes he would as II awake bat
he did mot speak no one disposed to disturb his
svey intrude upoa his relsctons After ,he hour
ot he seemed 10 DO somewhat restless and tossed and
crehed considerably until little after Ave O'CLOCK
whsn be arose.
SPIRITUAL CONSOLATION
The cIergymsn Ia attendance aseertaning tgat Wagner
was cake entsved tho cell and remained wit him FOR
some time offering him At the very dawn Of the DAY cf
his death all the consolation Ia The power OF hrs minis.
trv Fer some time thereafter Wagner left aione
While the clergyman went Oh 70 prepare tho little chspe
In the female department. Of the prison. Returning
bis charge he assisted
wAGSERN 70 pREss