The evening world., 1895-05-04
MAY Save BUCHANAN.
Attorney-General Advises Sage
Not to Execute the Prisoner.
Would Wait Until the Courts Decide
Effects Of Appeal.
Invitations Sent Out for the Elec-
trical Killing on Wednesday.

| SYRACUSE. N. Y. May 4-Smith
| Lent. special messenger from Warden
Sage. Of Sing Sing. arrived In this city
this morning at IL O'Clock to consult
with Acknowledgement Theodore Han
cock concerning the execution Of DIR.
Robert W. Buchanan.
An opinion was written by the Attor-
| ey-Gcneral and will reach Warden Sage
this evening Sage has been wired that
buchanan should not be executed until
the Court determi les the effect Of the
ap Es ,,,, on,n,on , a.. .,,o-no,c.
SYRACUSE. N. Y. May 4. 1896.
Omar V. Sage. Warden Sing Sing
Dear Sir: You have to-day requested
me to advise or decide whether you
shall proceed with the execution of
$, 1885.
THE acts connected with his convic-
ton for murder in the first degree. and
he SUBSEQUENT proceedings are familiar
this time Mr. Hasbrouck, in com
muncation addressed to you under date
OF April 80, commented at some length
upon the various provisions OF the United
States Revised Statutes, which he con-
| siderei applicable to this case.
mo formal order has been entered
pursuant to Judge Browns decision. de:
habeas corpus. Good practice and or
binary prudence would appear to require
that this should have been done before
the appeal was taken. but mere ques-
ton OF practice ought not to be con-
trolling In a case involving human life.
II am aware that 1t is matter Of
the United states Revised Statutes APP
ply to such case as this, and am not
tinmindful Of the serious criticisms
which have been made of alleged dila-
tnr IN m this and similar
But II there is any ambiguity In the
| statutes or uncertainty az to their appll-
| cation, these are questions which must
be settled by future legislation or judy
ment Of the courts.
"The prisoner is in your custody. safe
ly confined in prison. and ! am not dis
pellats tribunal IN advising or ordering
| his execution. Let the courts assume
that responsibility. l concur with the
| former opinion sent you from my office.
| ct. f. HANCOCK,
| attorney General"
| SING SING. N. Y, May 4.-Warden
Sage to-day for the third time sent out
Invitations to the persons whom he has
| selected to witness the execution of DIR.
Buchanan on "Wednesday. The Warden
| also sent an official notice to State Elec-
trician Davis requesting him to be on
| hand at that time to take charge of the
| electric machinery.
The Warden said to-day that he did
1
| that there was every indication that the
death sentence would be carried out on
Wednesday,.
| Buchanan. although continuing to
| show wonderful nerve. Is kept in a state
| OF anxiety over the uncertainty OF his
| fate. He does not receive any encour-
agement from the Warden that the ex.
ecution would he further delayed. while
on the other hand the condemned man
lawyers assure him that he will not be
put to death next Wednesday.
| ALBANY, May Attorney
Fellows, OF New York, this morning
| sent an official record and statement
| to Gov. Morton. showing that all neces-
sary steps had been taken to clear
cles to the execution of DR.. Buchanan or
| Wednesday next.
| There can be no more orders. applica.
| tons or petitions to the United State,
/ courts or any other courts that can ir
| any way act as a stay or obstruction tC
| the final execution of the death penalty
| This means that unless the Governor
| again interferes with the proceedings
| either with a respite or n communication
| or pardon, DR. buchanan will probably
| die at noon, Wednesday,
| 1t Is considered as very unlikely tina
the Governor will take any further step:
| in the case.
| Information reached the prison at
o'clock this afternoon that Attorney.
General Hancock, at Syracuse. had
given an opinion which will probably
pOstp buchanan execution linden
nitely.
| Warden Sage was not at the prison
| when this information was received and
| his secretary. MIR. Hickey, said that he
| could not say anything about the matter
in an official way.