Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1895-08-10

have had the effect of delaying his exc
cution up 10 the present time. or TWEEN
ty-one months otter the sentence of
death was passed on him, forms an in
teresting and instructive chapter in the
history Of criminal Jurisprudence in
the state Of New York Robert w.
Buchanan was born in Scotland in 1862
He went to Halifax. Nova Scotia, and
there started in life as a druggists
clerk. In 1888 he graduated at the Chi
cago College Of Physicians and Sur
geons, and. having married. removed TO
New York in 1887 to practice his pro-
fession. He was not prosperous. Mis-
conduct on the part Of his wife caused
a separation. He became dissipated.
and In the course Of vicious life he fen
in with a woman Of bad repute Edmed
Annie Sutherland. She was cen years
or more older than he. but she was
possessed Of means. At her instance
he obtained a divorce from his wife
on Nov. y 1890. On Nov. p Annie
Sutherland signed a will in his favor.
Two days later they were secretly mar
ried, Their married life was not a
happy one and an open rupture took
place between them In April, 1892. Mrs.
Buchanan had threatened to return to
her disreputable life. On the morning
Of April p she was suddenly taken Ill
and died the next day. Two doctors.
nurse. and a clergyman had been sum
moned by the apparently distracted
husband. The doctors gave cerebral
apoplexy as the cause of her death and
she was buried on April 25. Buchanan
went to Nova Scotia on May 9. and on
May is was remarked to his first wife
The trial was begun In March,
1898. and lasted six weeks. Buch-
anan was defended by an array of
the ablest legal talent of the country
and the defense was conducted with the
usual pertinacity and more than the
usual skill of celebrated murder cases.
One of the counsel for the accused had
been a physician and as the evidence
for conviction was chiefly medical. his
skill in his previous profession effect
ually prevented the introduction of any
unfair medical testimony. In spite of
this defense the prisoner was on April
2S 1898. found guilty. Every proceed
ing in the trial had been contested point
by point and after the verdict was rem
dered the customary motion for a new
trial on the objections taken by the de-
Tense included every question that
could possibly be raised. The only
point that had not been covered dur
ing the trial was the objection that one
of the jurors had been taken sick while |
the verdict; that his sick |
ness had been severe enough TO dis
qualify him as a juror. and that the
verdict was, therefore, Illegal, This |
as well as all others. was
overruled on Aug. 10. on Aug IA
Buchanan was sentenced to die during
the week beginning oct ., 1898, but ii
was not possible to carry out the sem
tence at that time. An appeal from the |
refusal Of new trial was taken to the |
Court OF Appeals. This involved, |
among other things. the preparation |
Of a full report OF the case. So volumi- |
nous were the proceedings that this |
would have been physical impossi-
bility. The appeal was not in condi- |
ton to be tried in october. 1898, II was |
not in condition 10 be tried in October, |
1894 The briei prepared by the dis |
trict attorneys office for use in the ar |
gument against the appeal was vol |
ume larger than the latest edition OF /
websters Dictionary. The preparation |
and printing OF the volume alone cost |
more than $1,000. The records OF the |
Ease made three large volumes consist |
ing of 5000 printed pages. Incident |
ally II dealt with 400 exceptions to the /
evidence by the defense. At last Dec. |
IS 1894. was fixed for the hearing of the /
appeal. but Il went over 10 the January I
Term. All this delay of year and a /
lalf while directly legal was obtained |
'or the purposes, not of justice. but OF /
ielay and evasion. A hearing was given /
IN the appeal on Jan, q. The case was /
argued before the Court OF Appeals at /
Albany by the able counsel of the prs- /
,ner. on Feb. 26 the Court Of Appeals 1
affirmed the decision and made an 1
,rder TO the lower court to resentence /
he prisoner on March 6, with this the I
'ase should have ended The appeal /
having been disposed Of apparently /