The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-20
BUCHANAN DOOMED.
The Tone Of New York's Court
Of Appeals Very Unfavor-
able to the Wife
Murderer.

made before the Court of Appeals this
morning having for its object the speedy
electrocution of DR.. Robert w. Buchanan
whose original sentence was postponed
week by Governor Morton, at the solicit
tation of the condemned mans wife a
short time ago. District Attorney Eel
lows and Assistant District Attorney
Lindsay of New York City appeared for
I the motion George w. Gibbons and
Daniel T. Kimball represented Buchan-
an. who was not present.
After the arguments the Court order
ed that Buchanan be produced before
the Court at one P. M. on Monday next
for resentence.
Colonel Fellows, in making the motion,
reviewed the sentence of Buchanan to
be eiectrocuted, and the subsequent de-
lays caused by the Governors respite
and the appeal to the United States
Courts by Buchanan's counsel and said:-
"The defendant not having been exc
cuted pursuant to the Judgment and
sentence, although the same stand in full
force, we now apply under Section SOB,
of the Code of Criminal Procedure, for
an order directed to the agent and war
den of Sing Sing Prison commanding
him to bring the defendant before this
court, in order that it may inquire into
the circumstances, and, if upon such in
quiry it shall be found that no legal rea-
son exists against the execution of the
said sentence, that a warrant may issue
in due form of law commanding him,
the said agent and warden, to do exc
cution of the said sentence during a
week to be appointed therein.
We assume that the only contention
which the defendants counsel will raise
on this application is that the supposed
appeal in the habeas corpus proceed
ings in the United States District Court
operates as a stay of proceedings and
renders any further action in the State
Courts null and void.
That such contention is absolutely
without merit must be apparent by a
mere reference to the federal laws.
In view of these statutes and the fed
eral practice and decisions hereunder, it
is quite clear that there is no existing ap-
peal in the habeas corpus proceedings,
much less any stay of proceedings
No appeal would lie from Judge
Browns decision even had an order been
entered formally expressing his action.
This point, has been decided by the
Supreme Court in a number of cases, the
most recent being decision handed down
April Is of the present year, in the case
of Lambert, appellant, VS.. Barrett, Sher-
iff of Camden county, N. J.
The application should be granted and
the order applied for issued.
The District Attorney said his inten-
ton was to bring the matter directly to
the attention of the highest court of
the State SO that it could be seen what
extraordinary proceedings had been TAX
en- to delay justice. The original respite
was obtained at the solicitation of Bu-
ehanan's wife. who said he was untitled
for death and asked time for him in
which to prepare himself. This was the
sole reason the Governor granted it.
The District Attorney concluded:-'It
was time your Honors' attention should
be called to the reprehensible practices
which obtain in murder appeals. This
defendant had availed himself of all the
opportunities which the law affords. and
yet we find proceedings taken when he
has so availed himself, which go to
make a farce of the carrying out of tho
Courts final Judgment
Mr.. Gibbons, in responding for Bu-
chanan, was told a couple of times by
the Chief Judge to confine himself strict
ly to the question at issue in the appli-
cation. He contended that the United
States Court proceedings acted as a stay
and wanted further time to argue in case
the order was granted.
Chief Judge Andrews said that the
arguments should go on at once, his
manner seeming to insinuate that the
case should be speedily disposed Of
Mr. gibbons protested saving he had
only been notified of the proposed appl:-
cation for the order on May 15.
The Chief Judge said he would give
Mr.. Gibbons two days in which to file a
brief The Chief Judge further said
that this was a proper case for the
Court of Appeals to consider and di-
rected hat an order be entered for the
production of Buchanan before the Court
of Appeals at one P. M. next Monday
for resentence to be electrocuted, in case
no legal difficu1t;eS are foI1nd To exiSt