The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-11-27
GETS OFF LIGHT
Messervey Who Killed Two Men, Convict
ed Of Manslaughter
PLEADED TO BE HANGED

The Double Murderer's Nerves Fail
ed Him and He Sobbed Like IL
Child, While He Begged Judge
Dantzler to Change His SenteE,c
to Hanging From imprisonment.
Sobbing like child and begging
Judge Dantzler 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 Ravenel,
July s, was led from the court room
at Walterboro Thursday morning, the
jury having announced their verdict
of guilty of manslaughter and Judge
Dantzler having pronounced the SEN
tence 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 pc
riod of 20 years.
The jury had deliberated 16 hours
and when court convened Thursday
morning for the purpose OF hearing
their verdict the foreman announc-
ed that they had just agreed but
desired some instruction as to the
form of their verdict. 1t 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 a verdict of manslaughter.
Judge Dantzler again instructed
them and in about 10 minutes they
returned to their seats and announc-
ed that they had agreed upon a
verdict.
a large crowd was eagerly watch
ing the announcement Of the verdict.
Judge Dantzler took the precaution
to warn those present that no de-
monstration would be allowed. Mes
servey betrayed no sign of emotion
as the clerk read the verdict.
When asked by the judge if he
had anything to say why the SEN
tence of the court should not now
be pronounced upon him he replied,
"No, except am not guilty.
The judge began to write the SEN
.tence 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.
IF you had ibeen 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
q fair trial; you had no right to kill
Mr.. Fishbourne. l do not believe
he intended to confiscate 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 penitentiary at such labor as
you are able to perform for the Pc
riod 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" were uttered,
the prisoner broke down and wept
like q child, begging the Judge to
change the verdict to hanging, say
ing, 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. Sher-
If Fox told him to come with him
but Messervey, not needing him, con-
tinuel to cry to the judge to hang
him instead.
The judge again ordered him re-
manded to Jail. 1t was pitlful
spectacle, this unfortunate man,
blind in one eye and 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 sobhing.
Col. Padgett moved for new
trial on the ground that the Judge
had erred in holding that II was not
necessary for liquor constable un-
der the Carey Cothran law to hie
his bond with the clerk Of court ana
that therefore Il constable could le-
gally perform his duties without the
filing of such a bond. This was the
main issue in the case from leSal
point of view. Judge DantZ.er
rromptly ovcrruled the motion.