The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-30
MESSERVEY GIVEN 90 YEARS.
The SLAYER of Constables Fishburne
. and Altman at Ravenel, on July
the Sixth.

ike a child ana begging 1uuSe OdH-
tzler to change his sentence from
twenty years in the State Penitentl-
ary to hanging, J. W. Messervey, the
slayer of Constables Fishburne and
Altman, at Ravenel, July 6, was led
from the court room this morning at
$50 O'Clock. The jury in whose
hands the fate Of J. W. Messervey
rested announced their verdict OF
-manslaughter and a few minutes la
ter Judge Dantzler pronounced the
sentence Of the Court: 'That you,
J. ". Messervey, be confined in the
State Penitentiary. at such labor as
YOU are able to perform for the pc
riod Of twenty years. y
The jury had deliberated sixteen
hours. and when Court convened this
morning for the purpose OF hearing
their verdict, the foreman announced
that they had just agreed, but desired
some instructions as to the form OF
their verdict. It was learned that
TWO of the jurors were for acqulttaI
and ten at first were for murder, but
agreed to compromise on a verdict OF
manslaughter. Judge Dantzler again
instructed them, and in about ten
minutes they returned to their seats
and announced that they had agreed
upon a. verdict.
!. A large crowd was eagerly await
ing the announcement Of the verdict.
Judge Dantzler took the precaution to
warn those present that no demon
stration would be allowed. Messervey
betrayed no sign of emotion as the
clerk read the verdict. When asked
by the Judge if he lad anything to
say why the sentence Of the Court
should not be pronounced upon him
he replied: ''No, except that am
not guilty"
Sentence Passed.
The Judge began to write the SEN
tence, but paused long enough to ask
the, prisoner: ''How long have you
been afflicted with your legY" Six
teen or seventeen years." he answer
ed. After finishing the sentence,
Judge Dantzler said to the prisoner,
':If YOU had been convicted Of muir
der l would not have disturbed the
verdict. You have been represented
by able counsel who did all they
could for you. You have had fair
trial. You had no right to kill Mr..
Fishburne. 1 do not believe he in
tended to coniscate your horse and
wagon. In consideration 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, sucn labor as
YOU are able to perform for the Pc
riod of twenty years."
Unmoved through all the trial,
seemingly not affected by any Of the
testimony when the words ''for the
period of twenty years. were utter
ed the prisoner broke down and wept
ike a child, begging the Judge to
change the verdict to hanging, saying,
II 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
remand the prisoner to jail. Sheriff
Fox told him to come with him, but
Messervey, not needing him, contln-
:ued to cry to the Judge to hang him
instead. The Judge again ordered
oim remamded to jail. It was a pa
thetic spectacle-this unfortunate
young man, bind in one eye, and a
cripple, with his father on one side
and brother on the other, sobblngly
pleading with the Judge to have him
hanged. A sig:a Of relief broke from
the crowd as the sheriff led him from
the room still sobbing.
Motion fer New Trial O7erruled
Gel. Padgett moved for new trial
on the ground that the Judge had
erred in holding that it was not nec-
essary for a liquor constable under
the Carey-Cothran law to file bond
with the clerk Of Court, and that,
therefore, a constable could legally
perform his duties without the filing
Of such bond. This was the main IS
sue in the case from legal point OF
view. Judge Dantzler promptly over
ruled the motion.