New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-26

A RIG MAJORITY FOR CONVICTION.
Dl-TrICT ,LToRNEY NICoLLs ADDRESS MD
TIN rrcnrnrRs CHARGE.

D1-TrICT. ,TToRNEY NICoLL's ADDRESS MD
THE RECORDERS CHARGE
The jurors I'm The trial OF Dr. Robert W. Bnc'nnah'
accused Of pol.onIns bis wife. were locked up TOT III"
night shortly after midnight by order OF h"co'"''
sn,ythc. There were many runners hoo" ""~ Wv
jarv stood bat the most trustworthy place" TIE
At 10 TO I'm favor Of conviction OF H"ro'r J." '",
first degree. one OF the two. II was >au' van
all n orrce on a verdict OF murder In the seeohu
degree ,
soon after the Jury withdrew It was taken TO Leg
.,.a IIo,o, for dinner The meal lasted un'i
o,c,ock After that there wore no incidents OF no'
in tho court room. Dr. Buchanan chatted pleasantly
about various subjects. 49,.
Mr. Niccll began his address by replying W Wv
attack OF Charles W. Brooke counsel for The oel'"oe
on Assistant Distrlct-Attorney Francis l.. "'"
Mr. Nicoll spoke In terms OF the h,gheS' p'"''' VI w
associates hard working aitbfuness to the interests
Of the prosecution. Mr. Nico said that nc h'u w
cidod TO prosecute the case only after being wv,
,,,cnd that The evidence warranted II. liner" III"
bccn no secrecy about the autopsy. ana one VI Wv
pbyS,c,ans who attended Mrs. Buchanan was pr'Se"'
AZ IT, The reports OF the pathologiS's an" '"' ",
OF the people had been given to the deichco 81 '""'
they could have every opportunity To meet INC wa" .
The defendants counsel had begun by suSe'S'ns "''
tbc woman might have died from any one vi WV
dozon diseases and comas. They had droppel nearly
all OF them as the trial went on. ,
"Thcre Is one Witness exclaimed Mr. N''o"'
who was better than all the experts III ''c '
There IS one VITO knew more about the 'A'N.'"' "
morphine than the experts Themselves ana '''' w"
ness /, the defendant himself. who was u o''''
said II they dug her up thcrclI BE- morphine In her
The defendant
"Who was II that figuring on escaping rum
the state! The defendant. WHO was II ,n"'
exclaimed oh II ! had only crcra,rd herF ~"
dcfondant!'
Mr.. NIcoll next wen, into long review oil 'h'
life OF the prisoner and Of his relations WIN 'r''
sutherland. lie explained DIR. buchanan "'",''
for wishing to Kill his wife. and showed how he ma
uttered threats against her. Then he spread reports
that she was diving from kidney disease. Al tha'
time she was In the best health. When she became
III lie at first did not mention kidney disease 10 '"c
physicians lie called In lie administered HIN"
poisons to deceive h, fellow prac,liion'rs in,
had reason for snsp.cting Dr. buchanan oil poison
ing hi, wife, and fell into his trap. , -,
The speaker laid great S,ss on ahc nro"""ncsd
utterly absurd the prisoners explanation Oh How ~
to administer two spopnin' OF me drug in,, o
Of the ply stefan lhad ORDERED M .N,V V
end,a vor,d to show that every circumstance IN me
case fitted exactly the theory of guilt lie bcgsra
the jury not 10 disagree, but TO arrv. ~ SOM YER
dict Justice demanded that their decision -no" =,
be that buchanan guilty, Mr. Nic.li hr; :a,, 10
recess for luncheon having been taken
Recorder smyth looked deeply scron' MS he logan
In clear way. H. began the charge NJ half past
o'clock and finished II In two hours ana MI.
minutes. Mr.. Brooke took no exception 10 any part
Of H. and II was pronounced unusually abb" nnd ex
irmcly fair by all who heard H. The Recorder
began with an Injunction 10 the Jury not 10 De
Swaycd by sentiment In determining Oh" case. lie
comp ncn'ed ia" jurors by saving ,h't no o,n"r
twelve whom h~ had ever seen In a Jury box
so fairly represented what the law required Ia Jury
The State does not ask you ~ convict any man
what his character. unless You are thti>.d
beyond all reasonable doubt Of his e"llt. In 'hir
+ not Of the hest grade. ] have heard II said In
This ease that no one should be- convicted on cir
cilnsam,ial evidence. People who hold that belief
arr unfit to act as IN ANY r rsoc Mhcr' ,"S
legal evidence The Recorder then qno'd at Length.
from the opinion Of Jus,ic" Gray; Of the cour. Of
Appeals. IN The case Of Carlyle W. Harris This
jr,t declared that circumsantihi evidence was often
more convincing than direct.
1T Is conceded" said the Recorder d. that early
was apprehended. II Is further CONCEDED that w.
n Ea so"n Ea .s fell into coma from which
she ws never aroused. IL f. further agreed that The
attending physicians from hc, oerT E lion, OF o the
10 the conclusion that the woman died from cerebral
hemorrhage The experts Of the prosecution who
were r, spon,ble for the wonans death The chemists
tell YOU they found morphine snd substance when
denc" asserted that these conclusions were not based
on q sufficient groundwork Of facts"
Recorder smyth explained what Reasonable donb'
was lie said II not any doubt whatever be.
nothing human pcrhhps. was entirely Tree from
doubt. 1t wa. not fancihl doubt but one 'hst
would be raised In the mind Of an intelligent man by
the facts. and which he conld give good reason
for holding: The Recorder rad the sections OF NE
praised the counsel on both sides for their Industry
and ability ar the defendant Is convicted" said the
Kocord,r in closing his charge "he cannot blame
Mr.. Brooke presented rsqne''s That The Recorder .
shars. nIes and JarS Rcoos9 Smy' H nf%sad
10 read 10 the jury. At 72O O'Clock the Jurors
withdrew.