The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-09

Zouaves. company OF tire FftY-iouit1 regiment
N. e. 5. N. y, were drawn up around the JAIL
Every was certain tat the first act IN me senaa
tional drama was ABOUT u ne played. betting mad
begun 10 lively manner the evening before. large
numoer offering to make bets that the man
would not ne hanged on december ~ ia
the morning. and as the x1 eu more
taken. ana by ten O'Clock the excitement was IN
tense. Rumors crept about &C this time that iee-
gram had been received by the Sncri, J. H. Suther.
land, Notifying HIM That q stay OF proceedings anu
writ OF error mad been ISSUED by Ward hunt, Chief
who mad paid So TO witness the scene caue to Mr..
sutherland ut Ten O'Clock ana told HIM the hour was
up ana that he had business 10 walt
HE HAD A RIGHT TO HANG HIM,
and no ought TO DO so at once Inc Snerin re-
manned innexlbe. however and stated has lnten-
ton to grant the prisoner every moment IN MS
poAer. Al last the prisoners counsel aud party
arrived with the wr having procured It from Martin
day before al Angelica. IN AIleghany county. the
prisoner who was dressed for tue scanold. did not
SHOOK W Tn snoe
everlsh, fOrQe1ul way and went back TO MS cell 10
await the next act In this brutal farce. lie SAID at
the time nc would never again be so prepared TO
face his fare a. then. HIS nerves mad been strung
so repeatedly to their utmost tension IN THESE pre-.
give wav. NO wonder that now he says his mind IL
wandering and that at HIS trial two months ago he
said hs memory had gone and ne couldn't recOIlect
the writ Of error granted by Chief Justice Hunt,
and stay OF proceeding. grantel by Judge Martin
law
NESSNRR MIGHT TESTIFY
In his own BEHALF and they ordered the case to be
brought before the Judges OF the Court Of Appeals at
Albany, on the nrst Tuesday IN January, 1910. The
place in June or this year, and in which Messner,
being persuaded that by admitting he Killed MS
said that ms wife quarreled with HIN before break
fast 4 the fatal morning. Gaining him names UNIT
to such pitch that she seized stick Of wood anu
struck INN severe blOw. After he had been str lcK
ne also seized stick to defend himself but his pas
hai no m n nm
aud that one blow killed her. Tne resu OF this trial
was his conviction and sentence to DC nangel on
MRssNER INTERVIEWER.
81 don't want 20 see any newspaper people. They
ali lie about Inc when they 20 away. Fney are ike
O,her peUpIe-they want me TO be hung; they want
Perhaps ali newspaper men are not alike. am
sure wOu Il not VISA 70 see YOU hanged"
well, nave nothing to say"
mo, nothing. have no more to say. Why
should say anythlngP Reporte hive come mere
ana have 10 them the truth. and they have gone
away ana added Mes to wnat ! told them and
S"s'N '''' '''' WIN ''''' -1'' ''"'' III
"But is there nothing you would wish to say IN
permitted to say ali you would II 70 to have said
your trla; but you can say 1t now In tho HERALD,
The HERALD a. ways gives The condemned their last
hearing on earth they wish IT, and gives them un-
Nv eli, i would like that. would like to speak
So You see at the trial was too weak, AMI The
LAWYERS they were strong: l .ried TO explain, but
they cut me OF. They would not near 1t all. l tried
to tell them how We had quarrehed-my whe
auarrclled. Tba, morninq, wien vent away to
the city with a load OF hooppoes. asked my wife
to give me something TO car. she told me no, she
wouldn't. and picked up piece or dry bread and
ate II as went away on the wagon. mat was Lot
the first time / went away or 70 work without my
quarresome and ulckIempered, and sue AID as sne
pleased That was SATURDAY l went to Rochester
business e to do, but kept thinking It 'V was
o od 40 60 az wGrk ay s dAy w
and then took three or lour dr.nKs Of wnisKey: |
drank the whiskey because ieIt bad. Well. when
his stomach, no breakfast or dinner, little whIskey
makes him drunk. so got home late that night,
and my vile says to me, .You damned drunken
ioaer where have you been IN Rochester tili tnIs
tuner said you know where have been. When
you go 70 church ON SUNDAY and you don't come
O'clock You say, None Of your business
business and You Know what that was, Then she
told me II wanted anything to eat must get ";
her do you know she would have killed meY Sne
AIMED at my head with q big club and caught IN
the suck to balance IL away ward Cd the b!owl
side Of the head. never meant to Kill her. didn't
even mean to strike her, put to ward off the blow
she aimed ut me. But they have sworn lalse. Some
OF them swore false in the lace Of everybody, ant
they all want to hang me.
REFUSAL OF GOVERNOR HOFFMAN TO COMMUTE
MESSNER'S SENTENCE.
Messrs. Ripson and Wilson,, counsel for Messner
this morning received from Governor Hoffman
reply TO letter asking Communication oil McSsner'a
sentence. The Governor refused TO interfere In the
case and the sem ence OF the Court Will accordingly
be executed.
The letter was read to Messner by his counsel al
noon to-day at the Jail. Tne p Isoner seemed over
come by the weight OF the news but showed no VIC
lent emotion. AL Cpe O'Clock his counsel lett, aud
were followed few minutes later by your reporter
Messner refusing to say anything more and regard
ing his 1ate as hXed and hopeless. Numbers OIL per
sons are beginning to apply Tor admission to see tint
concerned man, but none are allowed TO disturb
him. He has Deen anxious for some time to comm
suicide. but lacked means aud opportunity. Should
he discover these he viii not be hung ON Friday.