The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1909-12-02
MESSERYEY FOUND GUILTY
JURY COMPROMISES ON VERDICT
OF MANSLAUGHTER.
The Sentence Twenty Years-Culprit
Sobs Like a Child. Pleading .
to be Hanged.

Walterboro. Nov 25.-Sobbing like
a child and begging Judge Dantzler
to change his sentence from 70 years
in the State penitentiary to hanging,
J. w. Messervey, the slayer of Con-
stables Fishburne and Altman, at
Ravenel, July 6, was led from the
court room this morning at $3.50
o'clock, the jury having announced
their verdict of guilty of manslaugh-
ter and Judge Dantzler having pro-
nounced the sentence of the court a
few minutes later.
The sentence was THAT you, j..
W. Messervey, be confined in the
State penitentiary at such labor as
you are able to perform for the period
of 20 years.
The jury had deliberated 16 hours
and when court convened this morn
ing for the purpose of hearing their
verdict the foreman announced that
they had just agreed but desired
some instruction as to the form of
their verdict. 1t was learned that
two of the jurors we're for acquittal
and the 10 at first were for murder
but agreed to compromise on ver-
dict of manslaughter.
Judge Dantzler again instructed
them and in about ten minutes they
returned to their seats and announced
that they had agreed upon YER;
dict. :, - 20, .,'
The Crowd Expectant.
A large crowd was eagerly watch
ing the announcement of the verdict,
Judge Dantzler took the precaution
to warn those present that no demon
stration would be allowed. Messer-
vey betrayed no sign of emotion as
the clerk read the verdict.
When asked by the judge if he
had anything to say why the sent
ence of the court should not be pro-
nounced upon him he replied, mo,
except I am not guilty
The judge began to write the sent
ence but paused long enough to ask
the. prisoner, "How long have you
been afflicted with your leg?'
Sixteen or seventeen years." he
answered.
After finishing the sentence Judge
Dantzler said to the prisoner:
IF you had been convicted of
murder I would not have disturbed
the, verdict. You have been repre-
sented by able counsel who did all
they could for you; you have had a.
fair: trial, you had no right to kill.
Mr.. Fishburne / do not believe he
intended to coniscate your horse and
wagon. In consideration of the con-
dition of your leg I will not sentence
you to hard labor in the penitentiary
but will sentence you to perform such
labor as you are able to perform.
The sentence of the court IS that you
be confined in the State penitentiary
at such labor as you are able to per-
form for the period of 20 7ea"$.
Breaks Down. go.
'Unmoved through all the trial and
seemingly not affected by any of the
testimony, when the words, For the
period of 20 years" we're uttered, the
prisoner broke down and wept like a
child, begging the Judge to change
the verdict to hanging, saying, Il
would rather die than have my life
wasted in this way. Judge, change
it to hanging. Let me die, Judge;
change it to hanging. It's not right.
I'm not guilty.
The Judge ordered the sheriff to re-
mand the prisoner to jail. Sheriff
Fox told him to come with him but
Messervey, not needing him, con-
tinued to cry to the judge to hang
him instead.
The judge again ordered him re-
to Jail. 1t was pitiful
spectacle, this unfortunate man,
blind in one eye and a cripple, with
his father on one side and brother
on. the other, sobbingly pleading
with the judge to have himself hang
ed. A sigh of relief broke from the
crowd as the sheriff led him from
the room still sobbing.
Col. Padgett moved for a new trial
on the ground that the judge had
erred in holding that it was not
necessary for liquor constable
under the Carey-Cothran law to file
his bond with the clerk of court and
that therefore a constable could
legally perform his duties without
the filing of such a bond. This was
the main issue in the case from a
legal point of view. Judge Dantzler
promptly overruled the motion.
The verdict in this case is consid-
cred a great victory for the defense.
A verdict of murder was expected,
at least murder with recommenda-
ton to mercy. The Verdict of man
slaughter was not thought of, either
murder or a mistrial was expected.