New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-21
PART III.
PAGES II TO IA.
RUCHANAN'S CASE IN COURT.
HE HAS BEEN ORDERED TO APPEAR FOR
RESENTENCE.


<HE COURT OF APPEALS TO THE DELAYS
THAT HAVE PREVENTED THE INFLIC-
TON or THE DEATH PENALTY-THE
FIRST CASE or ITS KIND
Albany. May 2O.--A motion was made before the
Court OF Appeals this morning having for rs OBJ
ject the speedy execution of DIR. Robert w
Buchanan. whose original sentence was postponed
for week by Governor Morton at the solicitation
o. the condemned mans wife. Dlstrict-Attorney
Fellows and Assistant District-Attorney Lindsay
Of New-York. appeared for the motion. George w
Gibbons ana Daniel r. Kimball represented Blu
ohanan, who was not present After the argu-
neNts the Court ordered that Buchanan be pro-
ddccl before the Court at p next Monday for
rcsentonce.
Colonel Fellows. in making the motion. reviewed
the sentence of Buchanan AMI the subsequent de-
laws caused by the Governors respite and the APP
pea. TO the United States Courts by Buchandn's
counsel AMI said:
The defendant not having been executed. pnr-
same stand in full force, We now apply under Sec
bon sos OF the code of Criminal Proce lure for an
sing Prison. commanding him 70 bring the de-
PENDANT before this Court IN order mat II may
inquiry. IL shall be found that 10 legal reason
exists against the execution of the SAID sentence
that A warrant may lsSu I'm due form Of law. com
handing him. the said Geent AMI warden. to do
execution OF tho said sentence during week 10 be
We assume that the only contention which the
defendant counsel VIII raise on this application
Is that the supposed appeal" IN the hahcas cor
pus proceedings IN the nitcd states District
Court operates as stay of proceedings ana rem
dcrs any further action Ia the state courts null
ana void That such contention IL absolutely with
TO the Federal laws In Wow OF these statutes ami
the r. icrnl pfaS,i'C amt acc,s'ons ihcrc@ndcr 1T
the habcas corpus procoo lngs. much less any stay
browns decision, even had an order been entered.
formally expressing his action. This point has
Of cases. the most recent being a decision handed
down April Is = the present year in the case OF
camden cc,in,y' =. j. The anpIicsticn snomil be
granted and the order applied for issued
The Dsirict-Attorney said his Intention 10
bring the matter directly to the attention of the
highest cour; Of the state that 1t could be
what extraordinary proceedings had been taken to
delay justice The original respite was obtained at
the solicitation Of Buchanan's Wife, who said h"
was untitled for death. and asked time FOR aim tn
which to prepare. This was the sole reason
the Governor granted it, The Disirict-Atorney con-
Guided:
l, was time Your Honors attention should be
called e the reprehensoie practice which obtain
self Of al. the opportunities. whc4 the law affords.
and yet we find proceedings taken. when he has
carrying OF the Courts final judgment;
Mr.. Gibbons in responding for Buchanan was told
couple of times by the Chief Judge 10 confne
himself strictly to the question a; issue in the ap-
Sfourt prose- iags acted a. stay ana wanted
further time 10 argue in case the order was
granted
Chief Judge Andrews said that the arguments
should go on at once. mis- manner seeming 10 indi-
cate that the case should BE- disposed Of speedily
Mr. Gibbons protested, saying he had only ben
notified of the proposed application for the order on
May 10. w. 1,,,-
The Chief Judge said he would give Mr. Gibbons
two DAYS in which 10 file brief lie further said
mat this was a proper case for the Court Of APP
peas 10 consider ana directed that an order be On
Tered for the production of buchanan before the
Court at p. IN. next Monday for resentence -
be executed in case ~ Legal difficulties are FOUND
10 exist. , 1901.
C;orham Parks. the clerk Of the Court ~ Appeals.
said today that the Buchanan case was me hisl
one in which the Court Of Appeals has eXercise1 me
authority conferred by Section J1 OF the OoHe "
Criminal Procedure.