The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15

tlOnai testimony 10 produce, ulSCOVereu bluOo tuo
trial, which would throw new light on the tragic
affair and reduce the crime to an inferior grade or
homicide. Here occurred one OF the most SIN
a long career, wherein he has witnessed many
convictions and executions The application ior q
sstpersedeas was made to Judge McAllister VINO on
Monday returned the record to Mr.. Mason. WIN
decision refusing the writ mr.. MssOn c,n,nS
that the language o. the Judge when ne nrss etaM
ined the record was such as to leave an lnduDtaDie
impression that he would issue the writ. Az soon
as Mr. Mason received the parccl-so sure was ne
OF having succeeded-he mailed 1t unopened 10 tne
clerk OF the Supreme Court at Ottawa, to notify
him Oficiay, and wrote note TO MS client, the
Sheriff and the Jailer, informing them That the SD
irene Court had "a aited The writ and informed the
city press, which published the news. 10 the sur.
prise OF every one especially o. the prisoner r ana
at Ottawa opened the parcel he found, not writ
OF sa4persedeaS but decision refusing one.
REASONS FOR REFUSING THE WRIT OF SUPERsEDEAs.
The points made by Judge McAllister were OF an
interesting character. He Overruled the first OBJ
lection and declares that the Criminal Court was
Justified in admitting proof OF threats to murder
his wife made in 1859, inasmuch as the evidence
afterwards addnced showing cruel and bar.
that time till her death was relevant to
the question OF malice. and, so, clearly
admissible. The second point was the newly
discovered evidence that the wounded woman, be-
fore dying had said that unless her husband had
been drunk he would not have shot her. AS to this
the evidence showed conclusivey that. while Driver
was somewhat under the influence OF liquor, he
was still able to walk ana talk, and the Illinois
STATUTES tSt hsd was mo- excuss
Tor crime. At best the evidence OF Mrs. Driver
only cumulative and the refusal ola new trial by
the inferior Court was not an irreguarity Lastly,
as to the point raised that the murdered woman
had struck the prisoner blow in tho lace, ana that
pulse, without malice or deliberation Judge Meal
lister holds that the evidence shows clearly that the
prisoner did not resent the blow, even allowing
that any was struck at.the moment, but that some
considerable time elapsed ere he killed his wife.
Then there was no earthly law to say that man
in an abject and besOtted condition who resented
a n diSDrODOrt,OnQte
weapon, revolver, and shot down woman,
could plead consequent mitigation Of his
Judge McAnister says -"The state of mind OF
the doomed man may be imagined. On Monday
him and his life was safe till August or September.
lie was SO excited with Joy at the prospect Of the
gloomy shadow Of the gsllows being renewed from
him that he could not sleep On Tuesday, at noon,
a cold blast rom the tomb smOte on his hopes and
they withered like the gourd OF Jonah. He said
nothing and was calm, but the calm was that Oh
hopeless despair"
THE PRISONERS COUNSEL
Mr.. Mason, his lawyer, had been In Ill health up
to the time OF his fatal error, and Its terrible con-
sequences 80 affected him that he was Frustrated
utterly and fears of his life were entertained. NO
man He however, Is understood to say that |
Judge McAllister's remarks were OF such char
acter when the record was first presented to him |
that the POSSIBILITY OF the writs being refused
never entered his mind.
NO HOPE FOR LIFE.
TODAY in the corridor OF the county JAIL IN the |
presence of legal witnesses and surrounded by the
ielons upon whom the law has laid its heavy hand,
the supplemental act of the same tragedy trans
pred and the murderer has met his doom at the
hands OF the hangman.
The Governor yesterday telegraphed, 81 cannot
abandoned the hope that had given him strength
during the period OF confinement.
The Mr. wa dses"ed 70 bear
the sad news to him whose life was at stake Dri-
yer was not to any extent affected; was prepared
for the message that cut of every avenue OF escape
from DEATH Gathering his children caressingly
under his arms with broken accents and with tears
in his eyes yes ne addressed them rev warning
man he admOnished the boys 10 shun liquor
as they would che poison that Kills on the instant
never enter a saloon. Read the Bible go to church
and never go to bed without praying. want every
one OF you to grow up Christian men and women"
three hours previous to the hour at which 1t was
needed. Rev. 4. X. Davis and Rev. James McL0ugh-
lin, the clergymen 10 whom Driver has looked
and not in vain-lOr spiritual consolation were at
first undecided rs to the propriety OF admins
terlnq the sacrament but the earnest appeal Of
stated that he could not bear to have
his poor, old mother doubt that he died
firm In the faith. She had taught him when
child, and that 1t would ease her mind to partake
OF the wine and bread emblems Of the blood and
body of Him who died an ignomin0us death upon
the tree nearly nineteen hundred years ago. The
ceremony was very impressive. Driver was mise
raDy affected. but his hand did not tremble when
it conducted the sacred 1uid to his lips; and his
voice. fervid and Deep had In 1t no element OF fear
as he responded to the utterances OF the devout
divines.
He slept soundy last night and partook of q
hearty meal at about eight O'Clock this morning.
He breakiasted on coffee, cakes, steak and other
edibles with the relish OF healthy hungry man.
HIS MOTHER
He wrote to-day affecting letter to his
mother, a woman OF more than seventy years, who
has lett her native Scottish house across the
sea- HERALD reporter read the letter after 1t was
written ne da not IT, In ns snes MINI
prOvOcatiOn, the bloody deed, the trial and gave
the whole history OF the tragedy briefly. Though
the language was iliterate 1t was not the less fer
vent and touching. He closed by appealing for her
forgiveness and expressing the hope that ne would
meet ner in heaven. Catholic priest this morn
icism, but Driver pushed him away and declared
his firm faith in the Presbyterian principles incul.
Gated by his father and mother.
FAREWELL TO ANOTHER MURDERER.
Christopher Rafferty,, the murderer OF police
eilcer 0Meara occupies cell IN the jail where the
Driver visited his fellow murderer, and in the
interview he said, "You have but short time to
God is the Judge, and not Gary or Williams or any
other man. You must get ready to meet Hin.
nS GSsd a Of
me, Chris. l am ready to go now and jump upon
the scanold and meet my God. I heard them
morning; but it did not make me shudder
for have made ny peace with God You do the
sa%e 81 am now. GoodSy Chris hope o we We
will meet in heaven" Rafferty, could not be heard
to speak, but NE nodded assent as Driver uttered
his religious views and considerably impressed
with the fervent appeal OF his fellow cuprit, 50
soon to die. They shook hands % they parted for
the last time.
THE LAST FAREWELL TO HIS CHILDREN.
The final farewell between Driver and his chill
dren was one OF the most affecting scenes
witnessed within the confines OF any prison. The
girls groaned In the most intense mental agony
weeping and wailing In heartrendlng
manner. There were few beholders who did
not shed tears Of sympathy, and pity dwelt in
every heart The boys were ut first Kissed then
the smaller girls, and finally the oldest daughter,
who fell upon her father's breast and fingered in a
last, loving embrace. Drivers courage LETT him as
soon as his children and friends were gone. 1t
seemed that the presence OF his boys and girls and
the neighbors with whom he had associated had
given HIM nerve that his weak frame could not
sustain when the prop was gone, and had II not
been for the support OF those standing near him he
would have fallen TO the stone floor. chair was
provided, cold water was applied in cepious guam
titles, and in very short time, though somewhat
pale, George Driver was himself again.
TILE MARCH TO TIE SCAFFOLD