Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-01

were at the time in the confidence of the
authorities and working for Buchanan's
arrest
On June the body was disnterred, and
an autopsy held. The following day Blu
chanan was arrested and committed to the
Tombs on charge of murder.
A Sensational Trial.
His trial, which was very sensational
one was begun on March 20, 1893. 1t cost
the county about $4,000. Experts were
pitted against each other, and no stone was
left unturned by the prosecution or defense
in their preparations for a medico-legal
battle. The best criminal lawyers in the
city defended Buchanan. The trial lasted
six weeks, and under the strain one of the
jurymen, Hastings Paradise. became deliri-
Gus while the twelve were celebrating over
the verdict. l. II
On April g. having debated for two days.
the jury returned verdict of guilty.
His lawyers made mationiFfor a new trial
on the ground that Juror Paradise in
capable of rendering an Intelligent verdict.
After delay of nearly four months Re
corder Smyth denied the motion on August
II, and sentenced Buchanan to death by
electricity during the week beginning Octo-
Der . 1898. 81
Appeal Rejected.
The cause was then appealed, the appeal
acting as a stay of execution, and on
February - of this year the court of ap-
peais sustained the conviction.
Buchanan brought down from Sing
Sing prison March ~ and resentenced
to death by Recorder Golf during the week
beginning April ~.
Lawyer George w. Gibbons applied to
Judge Brown for writ of error and SUI
persedeas on constitutional grounds.
Judge Brown referred the matter to the
full bench of the United States Supreme
Court On the nth of April the Supreme
Court denied the application.
Sir Julian Pauncefote the British ambas-
sador was then appealed to for interfer-
ence. buchanan was a British subject,
but Sir Julian declined The lawyer then
petitioned Gov. Morton for stay of exc
cutioE, to enable him to produce new evil
dence in favor of the condemned man.
The governor refused. and Warden Sage of
Sing Sing, on Sunday. April II, issued in
vitations to those who were to witness the
electrocution to be at the prison on We'd
nesday morning, April "a. at IL o'clock.
Respite Granted.
On the following Tuesday Mrs. Buchan-
an, accompanied by Mrs. Coleman of New
York. went to Albany. and after piteous
pleading for a brief respite. the governor
consented and notified Warden Sage that
the execution should not take place until
Wednesday, May 1.
This gave new hope to Buchanan's law
yers, they claimed that the governor had
no right to fix a day for cxecution,and con-
tended that after Sunday, April Is. had
passed the condemned would he con-
sidered legally dead, the time set for his
execution having expired.
They went before Judge Addison Brown
in the United States district court on Mon
day, April ~, and asked for writ of ma
beaS corpus on the constitutional GROUNDS
that Buchanan was llel1 i'll prison without
process of law.
Judge Brown denied the aDpllca ton after
half an hours Deliberate
Lawyer Gibbons started 10 Washington
the moment the lecIslon was announced,
and notice of appeal against Judge
Browns denial of the writ 10 the Supreme
Court at Washington was filed with Clerk
Lyman and copy of 1t served on Warden
Sage at Sing Sing prison.
The Fight for Life.
Lawyer Gibbons reached Washington that
night, and next morning he applied to
Clerk McKenny CT the United States SUI
preme Court to have docketed an appeal
from the decision Of Judge Brown refusing
to take cognizance of Buchanan's petition
for a writ of haoeas corpus.
The clerk refus ed 20 docket the case on
the ground that the papers did rot come to
him in regular form.
Mr.. Gibbons sought to have ndorse-
ment which Judge Brown had made on
the paper accepted in lieu of formal order
denying the petition, and also presented
certificate of the action of Judge Brown :
court from the clerk of that court, but
Mr.. McKenny would not accept them. Mr..
Gibbons confessed that his primary object
in seeking to have the case considered in
a United States court was to secure /,
stay of proceedings, and TO this end he Lad
a copy OF the papers served on the warden
of the penitentiary At Sing Sing. He Hoped.
| notwiths tanding the refusals of the United
States court officers to entertain his appli-
cation, to induce the state authorities to
stay Buchanan's execution.
Warden Sage appealed to the attorney
general for instructions, and was directed
to defer the execution Until the appeal
claimed to have been taken Should be dis
missed or determined. Gov, Morton grant
8. '-
District Attorney Fellows and the at
torney general had a conference as to the
best method of disposingI of the legal
| tangle, and the attorney general said that
| in order not to delay the execution of JUS
tice any longer the matter should be taken
to the court of appeals on the application
of the district attorney
This course was adopted. and on May
20 MIR. Fellows made motion before the
court of appeals at Albany that B,lchan-
ans lawyer should show cause why he
should not be produced for resentence on
day to be named by the court.
Lawyer Gibbons, who was present, was
granted two days to submit a brief, but he
claims that Assistant District Attorney
Lnsday handed him a printed order mot
written nor typewritten) half an hour
later. granting the motion and ordering the
production of Buchanan on the 27ths of
May for resentenca. Gibbons submitted his
brief on the 22d.
On May q Buchanan was taken from the
prison to Albany, and on that day he was
resentenced to die during the week be-
| ginning July 1.
The Latest Objection.
Il