The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-09
MESSNER'S MURDER
The Case Of the. People
Against Him.
Bloody Betting-city Officials Gambling on the
Scaffold-Thrice Condemned and Three Years
Under the Fatal Moose The Murderer's
Own Story as Related to the Herald
Reporter-No Hope Of Rsprieve.

Reporter-N0 Hope OF Heprieve.
ROCHESTER, August g. 1871.
Two men are now confined IN the county jail here
under sentence OF death. They are Joseph Won
Messner and David Montgomery Repeated trials
nave been had in each case, Msaner hav ing been
tried first in 1868 and last In Lime OF the present
year, while Montgomery was flint convicted then
examined by commission to tesxhis sanity, and Is
now awaiting new trial at the October term.
THE CASE OF MEssNER
Is q somewhat peculiar one. His defence appears to
have been lily conducted and he owes bis presence
here to-day TO lot OF politicians who used Their in
nuence to keep him alive for time that they might
gamble on his fate. 1t is stated tint the ring formed
for this purpose was regularly ORGANIZED, with a
fund raised by assessments on each Of It's members
and that the persons composing it have now large
sums OF money For three years they have kert this
unfortunate human being dangling between life and
DEATH hope despair and his ultimate fate his
rea guilt innocence OF intent to commit the muir
der for which he Is to be hanged on Friday has
come to be matter Of trivial importance, and has
been left completely In the BACKGROUND. The igno-
rant victim has been alternately "hushed NJ" and
sworn, lampOoned and interviewed new trial
having been ordered by the Court Of Appeals jury
was sworn the 18th OF June last, and on the 10th
he was allowed under the new law OF the State, to
testify IN his own behalf Such was the manage
ment however, that the poor deuded wretch was
made to swear his life away II, indeed he had pos
sessed any chance for his life at any time after his
arrest. AS the case u as intricate mixed and hard
to comprehend as Jersey justice, give the follow.
ing summary OF the evidence produced by the peo-
pie, with q glimpse OF subsequent events that will
enable the public to the bearings Of this curious
| case:-
THE TRAGEDY.
Some half dozen miles east Of this city, and on
the stage road leading to the village OF Pendeld
you pass through cut in the sand hills or dugwav
as 1t is called, and descend upon low tract Of level
land, known as PeLfeld fats The stage road
crosses these fats, which are about half mile in
width. Some distance from this travelled road
there Is sort OF byroad Ii is not very long, and
there were never more than two buildings on it,
one Of which has been torn down since 1868. They
were then about half way down the road. The one
which has Deen destroyed was a shanJy, and stood
few rods away from the remaining one "a barn.
The nearest house is quarter of mile away. IL
was in this shanty that the murder for which
Messner is sentenced to be hanged was committed
on the 18th day OF April, 1868. On the evening Of
that day Giles Van Aiken, neighbor. was passing
ana saw Messncr with O horse and wagon stand
ing In front OF the snanty. 1t was about
eight or nine O'Clock. Messner said, Ivan Aiken,
have had bad luck this morning. My wife has
slipped OF the wagon ana hurt herself" Van
Aiken asked If she was dangerously hurt, and
Messner replied that he did not think she could
live Till he could get back with doctor. Van Aiken
here suggested that the horse might have kicked
her. and was told that "he might" Messner tlen
drove away in little old One.hOrse lumber wagon,
which he mad patched up himself gong IN tue di.
rection OF the DOCTORS. Mrs. Van Aiken, who was
present at the time OF the above conversation. went
TO the shanty by request OF her husband. but could
not get IN, as the door was locked. Mrs. Fer.
guson accompanied her, and the two peered through
the window and saw Mrs. Messner lying On bed
| with wet towel wrapped round her head. They
| saw nothing around the house nor ground in the
immediate vicinity that attracted their attention
They saw spots near the barn, however that
LOOKED LIKE BLOOD STAINS.
Meeting Messner on his return from the doctor s
they tod him they could not get in the house. He
said, mo. locked the door to Keep my wi G in"
Van Aiken and Ferguson re returned to the shanty
In the afternoon and saw Mrs. Messner lying on the
bed. Messncr took them out and showed them the
place where he alleged his wife fell from the wagon.
1t was between the house and the barn and on the
farther side OF a small creek. He drew the wagon
TO the place where, lie SAID, she fell while trying 10
get in. About three feet from 1t was stick lying
on the ground. 1t was bloody and about
two and half feet IN length, with round
side and a sharp one. He SAID his vile
slipped from the forward wheel and fell upon
this stick head first. There were blood stains on
the ground and on the grass. One STAIN was
SIX inches IN diameter, looking like cool of blood
from the wagon and three feet beyond the stick, a
fence stake ABOUT six feet in length, was lying
they had oeen scratched about by hands, some one
suggested, but Messner claimed by the chickens
little distance away from the wagon and towards
the shanty, was found a wooden mall or malle,
stains. Tnc fore wheel Of the wagon, IRON whicn
| Messner alleged his vile had fallen, proved by mea-
surement 10 be but three ieet six inches diameter
The above facts were eicltel at the inquest on the
day following the woman's death, ana were brought
forward In testimony az the time OF The first trial
| which occurred In the spring OF the same year. AT
the Time OF this trial and during the subsequent one
| testimony was also produced TO show thai Messner
/ and his wife had not lived amicably for some
| time before her death. The testimony OF one Lard
was TO the effect that Mrs Messner had on several
occasions sought protection OF his house, which was
| mile and half or two miles away from the
| shanty
| THE LAST TIME SHE CAME
| to his place In this way was on the day preceding
| her deaih when she spoke as iollows:-
What do you think-hat man tried to murder last
cay nothing more about II she said, no she wouin she
sad she had given Mssns on mony GA on SATURDAY
for the groceries some hay and had knocked her
to feel Of her head and Laird sunday mornnr she
@ a that sss ing
hs squire barnes 40 Indictment against him.
Monday she would to the city to sell
mortgage, and give him and
she knew be would murder herr she said had good
mind to fetch hun up before justice.
Other testimony introduced at each trial was con.
Trajectory; some witnesses swearing that Mrs.
Messner had stated that she was In constant dread
Of beng murdered by her husbands; others that he
had only ict fear Tor her safety within the few days
previous to her de 18th. Those who seemed 10 be the
least excited said that Messner was quiet steady
man, worked hard drank little and behaved gene
rally like an inolensve man. This, I'm thread
Of neighborly luminosity running through IT, and
other similar evidence OF a circumstanlial nature
constituted the case OF the people against him.
Messner was convicted and sentenced TO be hung
on the Attn day OF June. 1862
THE GAMBLING RING
then first began Its operations. Six dollars was
drawn from me fund for telegraphlng on the LIST or
June aad a lengthy despatch was sent 10 Governor
Hoffman, On the Sd respite was received, less than
twenty-four hours before the execution was to lake