The New York herald., 1872-09-29
TIE MURDERER GAFFNEY.
His Execution Stayed Through Respite by Gov.
ernor Hoffman, Efforts for q New Trial
and Their Probable Result Interview
with Gaffney and What He
Says About the Mattsr.
BUFFALO, Sent. 20, 1872.


May last Of Patrick Fahey. Everybody believed
the hanging would take place. The atrocious cha.
racter OF the murder, the bad antecedents OF the
alleged murderer, and all the surroundings OF the
case warranted very little ground for any sup
pOsititious lOophOle OF escape for the con-
victed murderer. Governor Hoffman has seen
it, however, to grant the condemned man q
respite of three weeks. This interposition
OF executive clemency Is to allow time
to argue a motion for stay OF proceedings and O
new trial. which, it is claimed, in the short time In
tervening between the prOnouncing OF the SEN
tence and the day assigned for the execution, 1t
has been impossible to do. 1t Is now very gen.
orally thought that there can be but one result-a
new trial and Ganney's acquittal. brief reca-
pitulatiOn OF
THE STORY OF THE MURDER
and developments since the trial will show the
grounds upon which this belief is based. Among
the numerous low drinking places on Canal
street, "Sweeny's saloOn ranks among
the foremost in debauches, carOusals in which
the vest of bad whiskey the worst Of
oaths, card playing and quarrelng mingle in in
harmonious conjunction, are kept up till late
hour In the morning. About four O'Clock on the
morning Of the 7th of May last several men, among
whom was Gaffney, were at this place playing
poker" In the intervals of "going bettern and
calling" frequent acquisitions had been made
upon the innammatory compounds dispensed from
the bar. At this juncture Patrick Fahey, nOctur-
nal reveller OF equally depraved propensities
with the rest, stroled into the place.
Some words passed-we are now following
the theory Of the prosecution-between Carney
and him. Carney was then keeping the "Free and
Easy" q saloon OF kindred character, in the same
street. Fahey had short time previously kicked up
a row there. Carney asked him why he did It,
Fahey did not show himself in an apologetic mood.
They talked back and forth for several minutes
and their talk grew more exciting. Carney pulled
out pistol and attempted TO strike Fahey with It,
Fahey ran to corner Of the room. Gafrney fired
at him-hred three shots In rapid succession
Fahey fell mortally wounded, and died in few
minutes. Alexander McInierney, strolling min
strel clog dancer, testified to these facts Ganey's
associates testified that Carney fired pstOl that
the firing was by some one else, but by whom they
could not tell. This was the theory Of the defence.
At the trial the jury, the result proved chose to
credit the testimony OF McInierney, notwithstand-
ing the strong combination OF rebutting evidence
against him. He was accordingly found guilty OF
murder in the first degree, and Judge verplanck OF
place, adjudged upon him the extreme penalty OF
the law.
SAVING aAFFNEY FROM THE GALLows.
Most indefatigably Mr.. Lyman X. Bass, one OF the
most prominent Of the criminal lawyers here,
worked to save Gafney from the gallOws. He
eXcrteQ Ills utmost leKal Skill prORreBS
OF the trial, though meeting, OF course, with the
same strenuOusness OF effort In the opposing drec-
ton by Mr.. b. II. Williams, the District Attorney.
finding this could not be heard, he hurried TO Al
bany In person to lay the facts OF the
case before Governor Hoffman, where, a.
to obtain an order postponing the execution for
three weeks, to give him time to argue his motion.
IntimatiOn OF what will be the result of this respite
has already been given. 1t is now said that
Mclniernay cannot be found and that in the alb
sence OF his testimony 1t will be impossible to re-
way is getting a new trial. This granted and the
rest, it is said. Is plain sailing, and Gafney walks
forth from his prison cell q free man.
WHAT GAFFNEY THINKS ABOUT THE MATTER.
Gafiney, as very quickly learned after my ar
rival, does not feel very charitably inclined toward
newspaper representatives. Pen and ink sketches
given in the papers here OF him, 1t must be con-
tessed, have not been of character calculated to
place is the county jail, but it s not so small but
that everybody knows where 1t is. l had no ditil-
Guilty in finding my way there.
$50 you are q newspaper man," said the turnkey
after had explained that had come on here on q
mission from the NEW YORK HERALD to see Ganney
hung, and as he was not to be hung the next most
cruel thing I could do was to "interview' him
"YOu say you wish to see Gaffney. He won't see
you or any man belonging to newspaper"
"Perhaps his hostility to the newspapers don't
extend beyond the Buffalo press" suggested.
"He makes no exceptions" added tie turnkey,
and thereupOn shut the door in my face.
The SheriiY, Mr.. Cleveland, found to be man
fully alive to the enterprise and necessities Of
live newspaper. He gave me pass without hesi-
tation and directed Deputy Sherin Burton to pilot
me into the jail.
''Not a word about your being q New YORK
HERALD reporter to Gairney," said the Deputy, as
is correct what he says but I'll fix 1t for you.n
The pOnderous jail door swung with creak on
its rusty hinges as we passed inside
"Come here, Johnny" called out the Deputy to
Gafrney who, in his shirt and drawers was pacing
the corrdSr Ganey into his
donned his pantaloons came up to the barred
Here is an old friend of mine from Cleveland
who wants to see you," said the Deputy introduce
ing us. He extended his hand through the eating
and expressed himself delighted at making my
ii see by the papers that Governor Hoffman has
resplted you" remarked, land suppose 1t was
good news to you Y'
ayes, it certainly was good news, rs 1t would be
to anybody in my situation"
.Y9u have , had Ia, pretty long siege Of It In Jail"
but there is hope for now, don't you think 30 S'
.'your lawyer Will do all he can for you."
"Mr. Bass certainly will. Do you know him I
wish he would come right down here. There is an
important witness whose affidavit he ought to
take.v
"A new witness ?"
"Yes; one who saw the whole affair, and can con.
tradict McInierney's story-a solid, substantial
merchant of Cleveland. Perhaps you know him.
~ do not known nim" had to confess.
"Mr. Burton said you was from Cleveland"
'Well, there are some Of my comrades In Cleve-
land. have had some good times there. They
found me handy turning cards."
1t is unnecessary to pursue the interview,
although under the circumstances disadvan-
tageOusy taken. The summary of the remainder
was his prOtestation of innocence regards the
shooting OF Fahey and firm conviction OF acquittal
on q new trial.
THE ALLEGED MURDERER AND HIS VICTIM
A young man OF twenty eight, of delicate and
1.-the figure and fair share of contour and express
sion and decidedly prepossessng-such to me was
the appearance Of Garney. He came up, the story
is. from the slums OF the city-a eliminating
into professional gambler and keeper OF low
drinking den. He has wife and two children.
Fancy was also OF low origin, and when shot had
been but short time out of State Prison. His
death was no loss to the community, or, for that
matter, neither would be that OF Gaffney.
THEATRICAL PERFORMANCE FOR A WORK OF
CHARITY.
Mr. John Jack and his theatrical company, In