The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-23

Robinson, who know all the details of the
affair, agree that there is nothing on which
Mrs. Massey ght be convicted of crime.
Stronger even than this is the diving
husbands statement taken at an early
hour yesterday, when he muttered the
same words he had spoken hours before,
"Nellie shot me by accident"
Massey was too weak to write, and it was
with the greatest effort he could hold the
pen 10 indicate the cross below the sigma
ture placed to the document.
When, previous to making his state
ment, ne learned that his hystercal wife
had SAID she had struggled with him for
the pistol and that obtaining it she had
discharged it at him, he closed his eyes
and said:
Nellie is wrong, we never struggled :;
the pistol went off accidentally"
1t was principally that his wife had
spoken that way that caused Massey to
finally make what is called his dying
statement, as follows:
SAN FRANCISCO, November 81, 1895.
I, William Massey, as my dying statement
makes this statement at the Receiving Hospi-
tai, City of San Francisco, this the day of No
vember 21st, 1895, is my last statement
The shooting was accidental, and that do
not hold my wife, Nelly Massey, responsible,
one went into the ceiling, and asked her for
to give me the gun and it imme dia tely went off
gain, and then walked from the diDing-room
into the parlor and fell on the floor. If should
get over this would not prosecute her.
/ also claim Nelly Massey as my wife and was
married by Dr. Mckenzie in Oakland.
WILLIAM MASSEY
Witnesses: Thomas Dillon, 313 Sixth street;
Michael p. Hurley, 935 Folsom street; Edward
]. Rice, 1881 Webster, Oakland; K. s. Sher-
wood, 1923 California street.
Massey's statement was taken exactly as
it was given, hence the vital error made in
it that f'If / should get over this | would
not prosecute her."
A clause of this kind in "dying state
ment' invalidates it in law. as 1t implies
that the party has hopes of recovery. The
law requires that the dying man should
understand and believe that he is 'about
TO die, the words which are used when
the regular legal form OF statement IS
made.
However, legal or not, every man who
heard the diving man tell his pathetic
tale and the Chief of Police feel that Mrs.
Massey should be set free.
The story of the killing was told In yes
days CALL. Massey, who was baggage
master on the Los Angeles division OF the
Southern Pacific, returned from his trip
Thursday evening. He went home and
within an hour he lay dying III the parlor;;
The distracted wife ran into the street and
appealed to Officer Michael Hurley to as
sist her, as she had just killed her hus-
band.
Hurley accompanied her to her home,
where he found Massey with pillow under
his head and his LIES blood fast oozing
away. In answer to questions he SAID then
as he said in his last statement:
"Nellie did it by accident. She was fool
ing with the pistol and it went off into the
ceiling. l told her to give it to me then,
and as rose from the chair the thing
went off again and l was hit"
Three years ago Massey was implicated
in one Of the most mysterious crimes that
ever startled Stockton. He lived there
with his wife, and in the same house
boarded Frank Murray, passenger brake
man.
For some reason Massey became very
jealous of Murray. and number OF quar-
rels between the pair resulted.
One night friend of both men, named
Mrs. Lewis. who lived about three blocks
from the house, was surprised at seeing
Murray run up the steps OF her house and
fall on the porch. Before she could reach
HIM to ask what was the matter he ex-
PRED.
His body was taken to the Morgue,
where it was found that a knife had been
driven into his heart, going completely
through that organ.
Massey was arrested for the crime, but