The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-14
HOW nEssyER ESCAPED THE GALLONS.


A Close Racc-Time Connscd by Minutes.
From the Rochester Union and Advertiser Dec. Ill
the fact that Messner. the condemned murderer,
had been respted. under tue effect OF writ OF
and stay OF execution, was published IN the Urion
yesterday with the order Of the Court together with
some OF the particulars as to the manner IN which
the respite was obtained. There are however, more
particulars or peculiar Interest In the AFFAIR winch
Mr.. H. D. Cneesbros Of Canandaieus, and Mr.. L.
b. Proctor, OF Dansville were the first movers In
this the last effort to save Messner and 1t per-
haps not saying too much 10 concede that but FOR
them the miserable man would now be IN eternity.
These gentlemen came here from neignbonng coun.
preme Court now sitting. ON Wednesday evening
they heard something about Messner's case-that
tnere was informally or HreguarIty, and that
the man was comparatively Iriendless. Prompted
by sympathy Tor a man condemned to die, they
promised one another to meet the next day and ex-
anime the records OF conviction This they did on
Thursday morning, ana believing that there was
ground sufficient 10 warrant q stay they at once
called upon MI Ripsom, counsel for Messner, al
vised him OF wnat they thought and invited MN to
JON them at once In the effort MI. Rips0m promptly
responded, ana with but q few minutes notice
est point where Judge OF the Court Of Appeals
could be found. Much depended upon promptness
and upon making sure railroad connections. lnere
was no time 10 spare. MIR. Foster deputy clerk,
was sent with the record OF conviction, and the
party OF four took the ten minutes past twelve
on Thursday for Batavia. Thence they went by
another tram to Attca, where they TOOK tram on
the Erie road for such points as might be found
most available to reach Angelica the residence OF
or even telegraph station. BY going 10
Horneilsville on tine main line or the Erie and
awaiting = train 70 some station westward they
could get within tive or SIX miles Of Angelica
by rail. They feared detentions and decided to
leave the train that took them from Attlca at
Canaseraga station, eighteen miles from Angelica,
and drive over the country. The train they took
does not usually stop at Canaseraga, but under the
plea Of life death 1t somehow did stop on Thurs.
day evening as seven O'Clock and the party left 1t
and secured livery team ana sleigh for the over
land journey OF eighteen miles by rough road in
vsln harm
the expedition arrived at Angelica, benumbed and
bruised 0y the fearful ride.
III TINS condition the party repaired to the resi-
oence of Judge Grover, expecting TO ind him pre-
pared 10 meet them by kilograms which had been
Sent from Rochester IN the forenoon But no ieie-
gram had yet reached Angelica, and the Judge had
reJired 10 rest wholly ignorant that he was TO be
visited. He arose and received the party, who, feel
ing the I'm portance of time at once lau the appca
ton aud proofs before him. Toe interview lasted
TWO hours III which the three counselors alternately
urged their views IN accordance with plan agreed
upon On the journey. The writ aud stay was
granted ut length and ut once prepared
soon alter midnight the party turned their faces
toward Canaseraga aud entered at once upon Tie
tedious rlueof eighteen miles, They must get there
To lake the traln which went westward aG ifty
minutes past two or they could not reach Rochester
before the nOur fixed for execution. No telegram
could avail III this with the SherIn. Unless
that order Tor stay from Judge Grover duly atested
could be placed IN the hands OF sherin sutherland
before Two L. NJ, Messner must die. Having gone
SO LAT and secured what was sought, these gentle
men did not intend 10 BIO beaten by time The
utmost speed where the state Of The roads woald
permit. Delay from any cause OF thirty minutes on
The road In the night might be fatal. fhey pressed
forward, taking no thought Tor personal com
lort and reached the station just nineteen minutes
before the tram came up. Nothing then remained
to insure success but movement Oh the connecting
trains on time. This, fortunately, followed. They
notified the Sneri by telegram from Astica that they
mad the papers IN order that the execution might be
delayed 10 the last moment in case the sran should
be slow III reaching Rochester. Providence favored
Messner The VIII And stay were here Ia ample
N fnrf hQ hIff hnp 40
reach the sheriff I'LL villain the time IN which
Instructed TO execute the sentence So close this
was Joseph Messner 10 tue salows.
District Attorney Davy had Deen notified OF the in
tentlon 10 apply Tor thus writ that he might be pres
ent when the Application was made. lie did noE
nave time to reacn the tram, as he stated IN
telegram TO Judge Grover but that with other tele-
grams never reached their destination. 1t is well
Tor Mr.. Davy that he ala not undertake the journey
IN his present delicate state OF health. 1t would
have subjected hun TO exposure that he could not
prudenty risk. The preparation that ne would have
more time and 1t was for this reason PROBABLY that
he could not reach the train IN time. He was de-
srous Of being 1T Angelica to represent the OF
the people.
nstremains to be done to save Messner from the
gaows we caunot definitely state. His case will be
heard at the Court OF Appeals, which meets on the
first tuesday OF January. What points will he pre-
sented at the review We are not advised. And what
the further order OF thar Court may be is matter
some doubt There Is q difference Of opinion among
legal men as TO what that Court may or mag not do.
u IS presumed-wiLhout regard to legal subtlety--
tuat Tue court may orQer new ial al our circuit,
or 1t may approve OF proceedings aud remit for
tence. II II cannot do either in the discretion Of lie
members, 1t Is not much OF o court.
The above statement OF what we understand to
be the facs IN regard to the procurement OF tue
yrt anu stay ~ due to parties concerned. Messrs.
CnGasbro and Proctor engaged In the work without
.soiictSt-an, and the expense was betrayed from
their own ~ sets. They have asked no reward
and had the promise Of none. They were prompted
wholly by motives OF humanity.
Mr.. K,Dsom performed important service in the
matter aud his associates In tins undertaking accord
10 him great credit tor what he did, Ia due time tue
counsel for Measner will be fully indicated II vindi
cauon Is necessary. Those WAC understand the case
do not withhold their hearty approval Of the course
OF counsel. Those who do not understand the facts
have no right to Judge Let them walt for season
ana they WILL be informed.