The daily morning journal and courier., 1895-05-28
DIR. BUCHANAN BEsENTENCED.
To Die in the Week Beginning July l.
 Action of the Court of Appeals.

TO Die in the Week Beginning July l.
 Action of the Court of Appeals.
 Albany, May 27.-In accordance with the order received to produce pr. Rob- ert w. Buchanan the wife-poisoner, be- fore the court of appeals to be re-sen- tenced to death, Warden Sage, State Detective Jackson and Keeper Bell brought him here this morning. Buch- anan was handcuffed to Bell They ar a'ived soon after noon and were driven from the railway station immediately ito the court of appeals chamber.
 From 10 o'clock this morning the cor ridors of the capitol leading to the court of appeals were filled with persons look ing for the coming of pr. Buchanan and his counsel. Early in the day the eu- perntendent of public buildings had a corps of men guarding the corridor lead ing directly to the court room In the court room the judges assembled at 10 o'clock promptly, Judge o'Brien being the only absentee. The court at once took up the calendar, and during the hearings only a few persons were ad- mitted.
 Dr. Buchanan's case was not taken up until 1:25 p. m. District Attorney Eel lows and Assistant District Attorney Lindsay appeared for the people Chief Judge Andrews announced this was the day for the producing of the pris- oner Buchanan, and he was unshackled and given seat. After the usual for malities District Attorney Fellows re- cited the various convictions and sen fences of the prisoner and his last re- prieve by Governor Morton. He said in concluslon:
 Tt Is the contention of the people that Hhe judgment stands in effect, but the day of execution having passed, a, new day must be set"
 Judge Andrews-Is there anything to be said for the defense?
 Buchanan's counsel, Gibbons, then be- gan the defense. He stated that he had already filed brief with the court but he desired to add that lately they had discovered new evidence.
 T am statistical" said he, "that if we have time we can prove this mans in- nocence. and if the court will give us a commission to inquire as to his guilt or innocence, we will present proof"
 Judge Andrews. turning, from the counsel to Buchanan, said: "Buchanan, stand up."
 The prisoner arose and put his hands beneath the tail of his coat in a jaunty manner.
 Judge Andrews asked: What have you to say why this court should not re- sentence yom?"
 Buchanan replied: T will say that am entirely annocent of the murder of my deceased wife, and enter my pro test against this court resentencing me"
 Judge Andrews-You may sit down.
 Judge Andrews then addressed the court. He said: These proceedings are provided for by statutes requiring this court to resentence a prisoner when the time has passed for. the execution of a previous sentence. It is made the duty of the court to inquire into the circum- stances, and If no legal reason exists to grant the application. The legal req sons of the defendant for denying the application presented but one question whether denied application to the 1 United States courts acts as stay over the law of the state. This court cannot | consider the merits of the case, because | 1t has already, in a former decision, giv- | en its opinion as against the defendant, | and as to the question of whether any | thing has intervened between that time | and now to cause delay, we have, af- | ter very careful consideration of the | questions presented, concluded that it is | our duty to obey the statute.
 "The conclusion is that a warrant | shall issue commanding the warden to | do execution of the sentence heretofore l against the prisoner during | the week beginning July l.
 Buchanan sat in his chair, his de- | meanor showing extreme nervousness. | Detective Jackson handcuffed him to the l guard rail, and he was taken out and driven to the station, where the party | took the 2:40 D. m. train for Sing Sing. |
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