The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-07-01


ion to the Effect of Papers Served on
Him by Buchanan's Counsel.
SING SING, n. Y, July 1.-"I do not
propose to execute DR.. Buchanan until the
attorney general gives me a written opln-
ion as to the effect of the papers Of appeal
now in their hands at Albany"
Warden Sage was the speaker and he
was so angry that his voice trcmbled as
he spoke to the group of reporters At the
door leading from the drawing room into
the office the face of a woman, anxious
and troubled, appeared, and as the warden
made this emphatic statement she smiled
and withdrew quickly. 1t was Mrs. Buch-
anan and she had just left her husband.
Warden Sage made the statement accred-
tied to him after meeting his messenger
whom he had sent to Albany, at the train
Frank d. Burroughs, the messenger
who had been in Albany for two days
with copies of the papers served on the
warden, and presented to the United
States courts, returned at o'clock last
night with word that the attorney gen
erals department at Albany declined to
give an opinion in the matter other than
the verbal one that it would be all right
to proceed. Mr.. Burroughs had not seen
the attorney general, but had talked with
DepuSy Hasbrouck, who had declined pos
itively to write any opinion.
As soon as the messenger returned to
Sing Sing and made known this fact, fur
ther stating that the attorney general was
out of the city, Warden Sage sent him
right back to Albany to await a written
decision. Then he dictated a telegram to
Attorney General Hancock, at Syracuse,
inf ha
Buchanan until he had received an opin-
ion of the effect of the legal papers served
upon him by counsel for DIR. Buchanan.
When this had been dispatched the war
den made this statement to the cores
pondent of the Associated Press
81 have been served with papers that
are said to act as a stay. When similar
papers were served some time ago Deputy
Attorney General Hasbrouck wrote an
opinion in which the attorney general
concurred, saying that the papers should
act as a stay. When these latter papers
were served l sent them to the attorney
general, with request for an opinion and
so far he has given none He is the legal
adviser of the state, and / do not propose
to act in his stead"
"Will you execute Buchanan if the at
torney general does not give an opinionP"
was asked.
"I don't like to cross bridge before
get to it, but 1 don't see why 1 should as
sumo legal responsibility that the law
officer of the state shrinks from"
The warden does not expect an opinion
or an answer from his telegram until this
evening, and it therefore is reasonable to
believe that there will not be an execution
! till tomorrow at the earliest.
Il 1 - IL q
fusal of the attorney general to give an
opinion is that he does not want to CON
/ flict with the former opinion written by
| Mr.. Hasbrouck
DR.. Buchanan grew restless Saturday
night, and it was o'clock yesterday morn
! ing when he dozed off into fitful slumbers.
| At s o. clock he awoke and few minutes
later he was visited by Mrs. Buchanan
| She took a seat just outside the wire
screen, and talked to him in a low tone of
voice. He could not keep still, and paced
the floor constantly He talked of his
trial and his still surviving hope of escape
from the death chair.
Mrs Buchanan stayed in the death
house the entire day and until o'clock in
/ Intervening, not leaving even for dinner
the warden sending down a lunch for
her at the same time as the condemned
man had his dinner served. She ate quite
heartily, but the husband barely tasted
the food, and returned to the theme up
permost in his mind, his possible escape
from the death chair.
The warden visited the cell twice dur
ing the afternoon, and both times was
asked whether he had good news. Buch-
anan knew that Burroughs had gone to
Albany, and was awaiting a decision and
he desired to have his dwindling hopes re-
vived. This the warden refused to do and
even after reaching his decision to delay
action he would not tell the prisoner.
Buchanan was very restless and nervous
all night. The watch being kept is ex-
ceedingly close as it is known that, with
his knowledge of surgery, he could easily
cheat the electric chair
Mrs. Buchanan, just before leaving here
last night, begged the warden to allow her
to say goodby to her husband. The request
was granted, and she told her husband
that no opinion had as yet been given,
which seemed to quiet him little. At
1915 Mrs. Buchanan left on north
bound train for Governor Morton's home,
Ellerslie, Rhinecliff, to plead for a com
mutation.
HuuI, n pantacnst Undar Arraaf