The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-03

Final Answer Of tho Governor, Who Declines
to Interfere with the Execution of the Sem



Final Answer Of tho Governor. Who Declines
TO Interfere with the Execution Of the SEM
From the Rochester Union Dec. IL
The public mind has Already been prepared for
refusal OF Governor Holman TO commute the sem
tence OF death against Messner; therefore nnal
denial. which Is now published, VIII be received win
no surprise. some DAYS since, believing as we did
that the people OF this locality thought IL would DO
an act or mercy which the Governor might pro-
pe,ly perform 70 commute the sentence SCI ,ero we
justify the action. subsequently, IN COM
pany with Supervisor Gusgenheia, VINO had
tunate man, we went to Albany and presented TO
the Executive such reasons for his interference as
The " rs - and
patient hearing TO all that was presented tappeared
that he had studied the testimony IN this case care
one we had before conversed with. He felt impeed
by duty to decline the request mace and the reasons
no then gave are embodied In the letter published
below, which came to nand this morning.
1t IS difficult to meet the arguments OF the Cover
nor SO ialry does he present Them and u Is impos
IN the highest position. and upon the responsibility
OF his oath Of once, he cannot be blamed but how
IA right.
Messner hos had little hope Of any other result ana
lie. lie viii not, therefore, be disappointed.
The following ia the letter OF Governor Houman:-
STATE OF NEW YORK.. EXECUTIVE CHAMBER,
ALBANY, Nov. 10. 1869. !
GEORGE G. COOPER Esq., and WILLIAM GUGGEN.
HEM, ESQ.,, Rochester,:
GENrLEMEN-since my interview with you, in re-
latIon to the Messner case. have carefully recon.
sdered 1t IN all its aspects.
You present TO me q petition for the communication
OF sentence signed by the editors OF alt or nearly ALL
the newspapers In your CITY; by the HIGHEST officials
OF your city and county, and by private citizens OF
great respectablity and YOU represent 10 me hat the
public sentiment Of your city and county Is opposed
TO the execution OF the prisoner; y0u also refer
mo to the recommendation to mercy made by the
jury, and to o letter from the Judge who. while he
says he In the justice OF the verdict thinks
that there may be bare possibiiityi' that the RI
soner struck the fatal blow wben under the influence
Of passion, without the premedlated design TO erect
death.
THIS certainly presents o strong case on which TO
Yet neither judge juror nor other petitioners
attempts deny that the uncontradicted ana unim-
peached testimony upon tho trial shows the iollow-
ing facts, VIII
Tue pr soner and his wife, who was his victim,
lived unhappy together. On the saturday previous
to her death he struck her upon the head with stool
and he MADE threats that he would nix herr II sne
afterwards went to the CITY 70 complain AGAINST him.
On the Monday following, as she was about TO go
to the city, the horse and wagon beng ready, he
struck her with club or mallet so That In the lan-
gpage or the physician, IA portion OF the skull was
crushed In upon the BRAN broken into several
disunrt pieces, one fracture extending over to
and another fracture extending from the main
fracture gong over TO near the right eve" All, as
the physician says, apparently done with one
blOw.n The instrument used ana the force en-
ployed was calculated 10 produce and did produce,
death. me prisoner went Tor physician. declaring
ever since denied that he Killed her.
Here, then, was the motive. the threat, the exc
cuiion Of the crime and tne subsequent fabrication
OF statement OF the cause OF dea b wholly tncOn-
sislenl with the theory set up bv those who ask
commuaton OF the sentence. and the Jury, after
1ar ana fun trial, have found him guilty OF murder
IN the first degree.
The pi .soner 10 old man. condemned to die, and
1t is not to De wondered ~ that those who have no
Ollcial responsibility. or whose Official reSDOnsi-
bIty has ceased, seek to save HIM from the full
penalty Of the law; but cannot believe, II the facts
| have stated were FULLY known TO your community,
that puDlic sentiment would be, as you say 1t is,
opposed 10 his execution. The crime was, in law
and IN fact, murder. The law declares the punish
ment to De death. and IT Is my Oiicia duty to see
that 1t IS enforced.
announced this decision IN May last on n prevl-
GUS application Tor Communication and IN June
prIyed the prisoner for two weeks to enable him TO
nave his case neard N the Supreme Court upon
writ error ana for that purpose only IL been
heard and decided against him. and he has been re-
sentenced.
need not say TO you gentlemen. that 1t Is ex-
ceedlngly PAINFUL to me personally TO refuse the
commulation you asked for. In dong so am act
ing under OF Official duty. / have stated TO
you my reasons fully, because OF the earnestness
with which you press the app icat0n and OF its il-
portance not only to the criminal, put to the State
whose laws he violated. Very respectfully yours,
JOHN T. HOFFMAN.