The sun., 1895-04-21
DIR. BUCHANAN MUST DIE.
Gov. Morton Refuses to Grant Respite &c
the Wifo Murderer.

Gov. Morton Refuses to Grant Respite to
the Wifo Murderer.
ALBANY. April 20.-Gov. Morton this morn
ing listened to an appeal for a respite for DR..
Robert w. Buchanan, who is to be put to death
in Sing Sing prison during the week beginning
on Monday next. George w. Gibbons and Theo-
dore VI. Roche appeared before the Governor in
behalf of Buchanan and made a brief plea for
their client.
Mr.. Gibbons said that there was no evidence
to show that Dr. Buchanan's wife died a re-
suit OF poisoning. He asserted that the defence
could furnish two experts, Drs. Openhcimer and
Schulz. who would testify that Mrs. Buchanan
did not die from morphine poisoning. He relat-
ed an instance where these experts had killed a
rabbit, and after three months burial of tho
body 1t was examined. AS a result they came to
the conclusion that morphine was developed In
the stomach as result of decomposition. Mr..
Gibbons held that the conviction was obtained
on evidence entirely too circumstantial. He
thought that the circumstances We're so extrao--
so that he could secure a new trial. 1t was also
held that the fanting of one of the jurors was n
cause for the rendering of an unsatisfactory
verdict.
The Governor listened to the appeal atten-
lively, and later n the day announced his de-
with his refusal to grant the application:
An application is made for u stay of execu-
tton to enable the prisoners counsel to make u
motion FOR a new trial upon the ground that The
evidence did not warrant the conclusion that
the death of the deceased was caused by poison:
that he desires time to procure the aiiidavits of
expert witnesses in support of that cont tention.
1t Is also claimed that a new trial ought to be
granted upon the ground that, a fter the jury had
retired to consider their verdict, one of their
number was taken suddenly i'll. SO that
he did not and could not properly per-
Buchanan was convicted after n prolonged and
elaborate trial. in which he was skilfully de-
Tended by experienced counsel. who spared no
effort 10 counteract and overcome the convinc-
dence In the case was atterward carefully con-
sidsred by tho Court OF Appeals on the applica-
tion for new trial, and the conclusion. In which
all the Judges concurred. was that not only was
but that NO other verdict than that rendered
was possible consistently with the proofs ad-
duced. Judge Gray, who wrote for tho court.
concludes most thorough review of the whole
Consequences OF the verdict, have sought to
find tho evidence of acts consistent with prob
ability OF innocence. or some weakness In the
chain OF circumstances which would warrant us
In saying that some were in variance with the
probabilities of guilt. | am not able to find
either
- In view of the opinion thus expressed by the
Court of Appeals, tLere would not appear TO be
any warrant for Interference on the part of the
dence TO sustain tho verdict. With regard to
the question made to the illness of the Juror,
It Is sufficient to say the whole matter was care
fully considered on the motion for u new trial,
which was denied and the decision approved
by the Court Of Appeals. The prisoner does not
appear TO have been in any manner prejudiced
by the circumstance and IL furnishes no gronnd
for tho present application Upon careful
consideration of all the questions presented,
ing the respite. and the sentence OF the court
ought not, therefore, TO be disturbed"