New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-12
TuE EXECUTION OF MESSNBR.

a
,o.cn Won Mcssner who'll to day suffered the extreme
.r, o,tbo law has from the peculiarly aggravatng
attending It, attracted more than usual az
.t Tho history OF the case is briefly as follows;
rose,b Won sF,ssrcr was born in the Kingdom OF "F
,,,berr ans. was about 80 years OF ace lie came 70 '"
country s,.ac years ago, having pcen lo'eou 70
sroc, ~ was rumored. on account OF deadly ARRAY
A., which he vas there engaged. He setuedln hoCeS'
where he married bat subsequently REMOVER " 'Ho
,, ~ p.ufed In Ellis county, where ne hNeu' IN '"o
oa, lecs in miserable howell situated on ht'ie iI
AT n considerable distance from any other u"e'nnk' h
domestic life appears TO have been an u"h"PlS ~"
storuv one resulting in frequent quarrels OF Violent
character with his wife, each Of them having an uusoN
,,ahle temper and his was frequently rendered noio
violent by Incorporate habits On the evening OF INC
18th M Aprl lscs neghbor OF MeSsncr' III p'SSie'
saw him standing in front OF his hoYel by INC s"col
horse and wagon, and aCcosted him. In inc cou.So "
,hc,, Conversation Mcssner told him that his wlte hau
that morning fallen while getting iato the Waso' anu
hurt herself His ncighbor, Van Aiken asked Il ,no W."
much hurt Messner replied that she was ana 'n"' nv
Thought she would die He then drove away as no s"i'
70 procure the services OF ply siciah' van Amen anu
ms wife endeavorod to enter the house. nut found II
locked Upon looking in, they saw MIS- MoSs'eF HiHS
an a bed with a towel around her Read
on the return of Messner, when asked Why ne Iao
,l the door he replied that he had done so to keep
his wife in. ~, -,
Tho following day Mrs. Ncssuer was seen still lying
an the bed Suspicious being aroused, the neigh
,crs took the matter in hand and found her
20 be dead. with her skull broken as If by q
,eayy blow from some duh instrument. Messner was
Immediately taken into custody and charged with her
murder search of the premises disclosed number oil
suspicious boOdstains where the wagon had STOOD
On the morning OF the previous day and heavy WOODEN
rnaet euch az used by coopers, which trade Messner
had At times pursued Upon the maet also were traces
Of blood stains which had been partially removed MTs,
Messners crushed bonnet and the bloody towels were
also produced At the inquest held that day,
but the testimony introduced was OF the vaguest
and most unsatisfactory character Messner was how
ever held trial In May, 1862 he was tredl TINS CITY,
The theory the defense that, in getting into the
wagon she had slipped and fallen, nAictng the injuries
ty contact with the wheel or some other substance.
Medical opinion was freely taken in evidence which
showed that il possible. but not probable that the
injuries were inflicted The law allowing prison
ers to testify their behalf had passed the Lega
te had taken effect at the time OF the trial. con
sequently MCssuer wasnot allowed TO speak He was
found guilty of murder in the first degree and sentenced
~ be han ged on the 18th day Of june 1869.
THE FIRST RESPITE.
On the 81 OF June all the pTelimnaries Of the eXecu-
ton having been arranged, respite was received from
Gov Hoffman, in response to the efforts OF Messners
counsel and Others fixing the date of his execution on
the 18th On the 18th OF June, Judge e. Darwin smith
issued writ Of error and stay Of proceedings On the
10th the case was reviewed and the writ OF error dis
solved execution ordered to proceed Onthe l6h
new writ Of granted by Judge James c. Smith
Of anandagua. on the being again reviewed, tho
execution was again fixed for the 10th OF December
1865 Al prcparatiOns again made, and the prison
sr last hope failed On the morning of the day fixed Tor
the execution he dressed for the seahOd ana Dade
his friends pood-by; the military were Stationed ana
spectators admitted and bat hour or two before that
fxed for his last his counsel In company with MI
Icesbro CT Canandagua and Mr. Proctor Of Dansvile-
Of
having obtained At the eleventh hour stay OF pro-
oeengs issued by Judge Grover Judge Of the Court OF
Appeals Of Allegheny County AT the same time ar
rived notification of writ of error Issued by Judge Hunt
OF Court of Appeals. The ground upon which the
wrts were granted that Messncr entitled to be
heard in his own behalf.
A NEW TRIAL ORDERED.
TIE case was heard. before the Court OF Appeals in
Albany in January, $780, and trial was ordered
This trial took place in June of this year The de-
tense entirely abandoned the theory Of the former trial.
and a. prisoner persuaded, in hope of being only
convicted OF manslaughter to confess the killing of his
wife alleging that quarrel between them on the
morning her death She started for the eiy TO COM
plain and have him arrested, and he insisting That
she should not TO- endeayored TO prevent her from
tering the wagon. Hard words ensued and finally she
struck him with a stick of wood, which he wrencbcd
from her He struck her return, in1ictDg the wound
from which died He explained the blood stains
Oh r mae by saying that he took the bloodsatrated
towel from hes head and took it to brook where he
washed IT, and nsed the maet to pound ont the stains
and water and then endeaypred to remove the stains
from the maet att6f brief trial the jury retired on
the 18th Of June and after short absence returned
verdict Of murder as before On the 23d day Of June
Messncr was sentenced TO be hanged on the 18th Of
q aa gu; unn, onvv
Last week strong appeal was made by the prisoners
counsel and many influential citizens to Gov HOFFMAN,
~ haNaa nd nsR
his power 10 commute the sentence to fmpr1sonment
The Governor replied at length saying that he had care
fully reviewed the evidence In the case, after having
been familiar with 1t before, and while ii exceed
ngly painful him in such cases to refrain from exer
csng his power he could see no reason why the law
should not take On Wednesday still another
effort was made by the prisoners devoted friends, but
the Governors answer final and conclusive, posi-
lively refusing to interfere. The decision commu
nicated to Messner on Wednesday afternoon He was
deeply moved by the destruction OF his final hope but
maintained an outward appearance of composure and
resignation and afterward devoted his time to prepare
,ion for the future world After Wednesday all visitors
were excluded from his cell in the county Jail except
sueh as he expressly desired TO see He seemed calm
and apparently peace conyersed ite' and read most
of the time.
Thus was this wretched being suspended between life
and death three weary years. alternately seeing an
Inevitable doom staring him in the face, and clngng 10
homes that seemed tangible and real No one can i'm
acpe the mental agonies he must have endured during
the weeks Of suspense the repeated trials the promises
of Executive interference the hope OF repeve and the
darkness of despair.
Yesterday Mcssner drew paper, by which he wiHed
his body to his spiritual adviser the Rev. Father Payer
in order to be assured that it should not De given for
dissection proceeding for which he entertained great
horror In the evening received calls and took
Ieaye OF his friends man, purportns to be a
reporter NewYork paper, proposed 10 spend the
oHt lint he US
spent the latter of the evening reading the Bible
and In conversation with his coniessor After smoking