Historical Newspapers of South Carolina

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MESSERVEY GIVEN 20 YEARS. The Slayer of Constables Fishburne and Altman at Ravenel, on July the Sixth. Walterbor, Nov. 25&-Sobbi.ng like a child and begging Judge Dan tzler to change his sentence from twenty years in the. State Penitenti 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 9:50 o'eloek. T.he jiry in whose hands the fate of J. W. Messervey rested announced their verdict of manslaughtbr aid a few minutes la ter Judge Dantzler pronounced the senten(e of the ,Court: "That you, J. W. Messervey, be confined in the State Penitentiary, at such labor as you are able to perform for the pe riod of twenty years." The jury had deliberated sixteen hours, and whena Court convened this morning for tle purpose of hearing their verdict, the foreman announced that they had just agreed, but desired some instructions as to the form of their verdiet. It was learned that two of the jurors were for acquittal and ten at first were for murder, but agreed to compromise on a verdict of manslaughter. Juidge Dantzler agam 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 -thd 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 had anything to say why the sentence of the Court should not be pronounced upon him he replied: "No, except that I 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 afficted with. your legl'" Six teen or seventeen years," he answer ed. After finishing the sentence, Judge Dantzler said to the prisoner, 'If you had been .convicted of mur ider I would not have disturbed the verdict. You have been represented by able counsel .who did all they 'could for you. You have had a fair triai. You had npo right to kill Mr. " Fishburne. I do not believe he in tended to confiscate your ihorse 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 such labor as .you are a1ble to perform for the pe 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 donu~ and wed like a child, begging the Judge to~ change, the verdiet to hanging, saying, "I would rather die than have my life wasted in this w ay. Judge change it to hanging. Let me die. Judge dh.ange it to hanging. It's not right. I'm not guilty.'' The Juidge ordered the sheriff to remand the prisoner to jail. Sheriff Fox told him to come with him, but *.Mosservey, not heeding him, contin .ned to ecry to the Judge to hang him instead. The Judge again ordered, ~im remanided to jail. It was -a pa * hetie spectacle-this unfortunate . oung man, blind in one eye,. and a cripple, with his fathsr on one side and brother on the other, sobbingly pleading with the Judge nto have him ha-nged. A sigh of relief broke from .the crowd as the sheriff led him from the room still sobbing. Motion for New Trial Overruled Coi~l. Padgett moved for a new trial on the ground that the Judge had erred in ho'.ding that it was not nec essary for a liquor constable under~ the Carey-Cothran l-aw 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 a legal point of view. Judge Dantzler promptly over ruled the motion. The verdict in tibis case is consid ered a great victory for counsel for the defence, Messrs. J. G. Padgett and J. M. Moorer. A verdict of mur der was expected, or at least murder with a recommendation to mercy. The verdict of manslaughter was not thought of, either murder or mistrial was expected. The prosecution also made a very able presentation of their side. The prosecuting attorneys were the Hon. WV. B. Gruber, Solici tor John H. Peurifoy and his brother the Hon. James E. Peurifoy. Their case was well prepared and ably pre sented. After hearing a few appeal cases thi~s Court was adjourned sine die. .-~~.:A s ~.o..t of Common Pleas was to SAP The Thr MAY Is Headt 1.--I 'have th< 2.--I C Start_V Santa. Claus', Mail Box. Santa Claus has put his mail box up at this store and he desires that the boys and girls mail their letters early, so that-he can be sure to give them what they want. He is busy now in Toyland getting ready to come to Newberry, where he will make his headquarters at this store. GIFTS For Ladies Books, Art C alendars, Albums,, Toilet Sets, Glove and Handker chief Boxes, Work Boxes, Photo graph Frames, Fine China, Cut Glass, Vase and Rose Bowls, Pic tures, Chafing Dishes, Jewelry Boxes, Pocket Bocks, Box of Nice Stationery, Silver Mounted Um brellas, Gold Mounted Umbrellas, iSterling Silver,. Jewelry, Miraors, Gold Pens. Gifts for men. Smoking Sets, Shaving Sets, Stick Pins, Collar and Cuff Boxes, Oxford Bibles, Magazines, Pocket Books,: Card Cases, Ink Stands, Clothes and Hat Brushes, Travel ng Sets, Watches, Kodaks, Foun tain Pens and Books. ,@,S,.,+,.,. IC4 Come Soon and Often on Everybody Welconme have been held here next week, but A xi owing to the fact, that the Hon. W. B. his gl~ 3ruber, who was counsel in nearly all the cases set for trial, bad to attend Now Court in Richmond, Va., next week, Herald it was thought best to hold a special term the first week in January to try civil cases and to adjourn now. Ae- App ordingly Judge Dantzler prepared an Superi rdcr for the 3pdcial term. There will House be no further Court this sveek. as the invited 'presiding Judge .has to be in Go- urday, lmbia Saturday to attend the en cal:ion e& Most ES 1 tuarters anl a largest asso arry the Higi 3.-MY~ PRIG our lioli v' - .**. arry everything ly give a few sugi IA YES' tan wats a lot of noise about fixed 1 >ry. which and al 'is the time to Subscribe to The and News, $1.50 per year. Clerk _________________ers. NOTIOE. 11-2 lications for the position of ntendent of the County Poor LM Farm for the year 1910 are We . Election will be held Sat- at pu) Nov. 20t>b, next. File appli- House with the nndersigned by tracet be. 19th Salary etc,tis da.v Busha: 4 iV nport.ant 300K d the Home rtment of Chri fest Classof C ES ARE THE day Sho in Christmas Goc gestions in the lii BOOK S > resolution of the Board, ker Plaec reserves the right to reject any miles fi applications. Two hun H. C. Holloway, acres, mn County Board of Commission- Ilanids of -09 -5t-2taw. nearly a] tered ;- tw~ [D AND MILL ?COR SALE. Terms will sell to the highest bidder the balar >lic sale at Newberry Court jwith inte on Salesday in December that per cent. >r parcel of land of the C. D. 'secured b .d. state, known a .the "Ba- a mortga O)F L A Reasons STV of Santa4 stmas Gooc roods in th~ SAME EVE pping.1 ( Bo3 Post( ses Fai Box Pap thing in Wagons, Sets, Bo Magic Machine gines an It co: examine it to youi have th Gifts. S conditior easy an for all. OfT ds but canf*+ ~nited space.ii ,' in No. 2 township, six 1er t 'om Newberry, contaning ing dred and thirty-three (233) re or less, anid bounded, by Al H. H. Folk. A. C. Thomas- the . A. Carlisle. The lan<d is Ne 1 in timber and is well wa- two enty acres fine bottom land. mill, of Sale: One-third cash, I50 b Lee in one and two ,years igear rest from day of sale at 8 T the credit portion to be y bond of the purchaser and e of the premies; Pnrchas-. N< Why Is. 3 City3 RY DAY. oday. 3ifts For rs a,nd Girls tards, Albums, Bibles, Ya~ icy Basket's, Bureau Sets; er, Picture Frames, Every Toys Dolls, Drums, Carts, To>I Chests, GUnS, Teat oks, Drawing Sets,; Trains, Lanterns, Moving Picture I s, Games, Auto-Fire En d many other gifts.3 InspeCt W4y stock ~t you not a single cent 'to my stock, and you will find r interest to buy here. I e Cream of the Worla's omething for eve:y age and . My prices make It an d economical holiday tim e e the CREAM he World's Gifts [ug the Little Ones see Santa's GoodsI i*+eeeee > pay for papers and for record-i same. ___ so, at thie same time and place, Bushardt Mill, nine miles from berry, with .two girrs, Boss press, corn rocks, one wheat mill, saw with 35 'horse power engine and orse power boiler-all belted and ed and in running shape. ~rms as above stated for the land. C. D. Bushardt, J. B. Bushardt. sv. 15, 1909.