The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-12-01
GETS OFF LIGHT
Messsvey Whs Killed Two Men, Convict.
ID Of Mandaughter
PLEADED TO Be HANGED

The Double Murderer's Nerves Fail
ed him and He Sobbed Like u
Child, While He Begged Judge
Dantzler to Change His senteEse
to Hanging From Imprisonment.
Sobbins like q child and begging
Judge Dsntzler to change his sen-
tence from 20 years in the State
penitentiary to hanging, J. w. Mes
servey, the slayer OF Constables
Fishburne and Altman. at Rsvenel,
July 6. was led from the court room
at WATERFORD Thursday morning. the
jury having announced their verdict
Of guilty of granddaughter and Judge
Dantzler having pronounced the sen
tence OF the court a few minutes
later. 2
The sentence was That you. ].
w. Messervey, be confined In the
State penitentiary at such labor as
you are able to perform for the Pc
Rod OF 30 years."
The Jury had d~eliberatsd 16 hours
and when court convened Thursday
morning for the purpose OF hearing
their verdict the foreman announo-
ed that they had just agreed but
desired some instruction az to the
form Of their verdict. It was learn
ed that two Of the Jurors were for
acquittal and the 10 at first were
for murder but agreed to compro-
mise on q verdict Of granddaughter.
Judge Dantzler again instructed
them and In about 10 minutes they
returned to their seats and announe-
I'd that they had agreed upon a
verdict ~
A large crowd was eagerly watch
Ing the announcement 'ofgthe verdict.
Judge Dantzler took thesprecaution
to warn those present that no de-
monstration would be allowed. Mes
servey betrayed 40 sign OF emotion
as the clerk read the verdict.
When asked by the Judge II he
had anything to say why the SEN
tence Of the court should not now
be pronounced upon him he replied.
mo, except I am not guilty
The judge began to write the sem
fence but paused long enough to
ask the prisoner, How long have
you been afflicted with your leg?"
Sixteen or II years." he answer-
ed.
After finishing the sentence Judge
Dantzler said to the prisoner.
III you had tbeen convicted OF
murder ] 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.. F%ishbourne. I do not believe
be intended to con6scate your horse
and wagon. In consideration OF the
condition OF your leg 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 p%enitentiary at such labor as
you are able to perform for the Pc
Rod OF 20 years"
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. say
ing. Il would rather die than have
my life wasted in this way. Judge,
change 1t to hanging. Let me dte'
Judge; change it to hanging. It's
not right I'm not guilty
The Judge ordered the sheriff to
remand the prisoner to jail. sher'
if Fox told him to come With him
but Messervey, not bleeding him. con-
tinued to cry to the Judge to hang
him instead
The judge again ordered him re-
handed TO jail. 1t was q 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 hanged
A sign Of relief broke from the
crowd as the sheriff led him from the
room still sobbing.
Col. Padgett moved for q ne"
trial on the ground that the judge
had erred In holding that 1t was mo-
necessary for q liquor constable un'
der the Carey-Cothran law to hlt
his bond with the clerk OF court anC
that therefore q constable could le
gally perform hIs duties without thu
fling OF suoh a bond. This was the
main issue in the case from a lega
point OF view. Judge Dantziei
omn overruied the motion.