The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-07-01
DR. BUCHANAN'S ORDEAL
The CONDEMNED Man Still Hopes
100. to Escape Eleotrocution.
WARDEN SAGE REFUSES TO ACT.
30 VIII Not Execute the Wife Murderer
Until He Has Received an oniciai Deois-
ion ms to the. Ensct Of Papers Served ON
Him by Buohanan'a Counsel.

Him by Buohanan's Counsel.
SING SING, N. Y, July TT do not
propose to execute DIR. BIZ hAnan until the
attorney general gives me u written opin-
ion as to the effect Of the papers Of appeal
now in their hands at Albany"
Warden Sage was the speaker, and he
was so angry that his voice trembled as
he spoke to the group Of reporters. At the
door leading from the drawing room into
the office the face of woman, anxious
and troubled, appeared, and as the warden
made this emphatic statement she smiled
and withdrew quickly. 1t was Mrs Buch-
anan, and she had just left her husband
Warden Sage made the statement accred-
lied to him after meeting his messenger,
whom he had sent to Albany, at the train.
Frank d. Burroughs, the messenger,
who had been In Albany for two days
with copies of the papers served on the
warden, and presented to the United
States courts. returned at 0 o'clock last
night with word that the attorney gem
erals department at Albany declined to
give an opinion in the matter other than
the verbal one that 1t would be all right
to proceed. Mr.. Burroughs had not seen
the attorney general, but had talked with
Deputy Hasbrouck, who had declined pos
ttively to write any opinion.
As soon as the messenger returned to
Sing Sing and made known this fact, fur
Their setting TINT the attorney general was
out of the city, Warden Sage sent him
right back to Albany to await written
decision. Then he dictated telegram to
Attorney General Hancock, ct Syracuse,
informing him that he would not execute
Buchanan until he had received an opin-
lOu ~ fI,a an ~ fba al
upon him by counsel for DR.. Buchanan.
When this had been dispatched the war
den made this statement TO the cores
pondent of tho Associated Press:
II have been served with papers that
are said to act as a stay. When similar
papers were served some time ago Deputy
Attorney General Hasbrouck wrote an
opinion, in which the attorney general
concurred, saying that the papers should
act as stay. When those latter papers
were served sent them to the attorney
general, with q request for an opinion, and
SO far he has given none. He is the legal
adviser Of tho state, and do not propose
to act in his stead"
"Will you execute Buchanan IL the at
torney general does not give an opinionS"
was asked.
II don't like to cross a bridge before I
get to 1t, but I don't see why should as
sumo q legal responsibility that the law
officer of the state shrinks from.
The warden does not expect an opinion
or an answer from his telegram until this
evening, and it therefore is reasonable to
believe that there will not be an execution
till tomorrow at the earliest.
1t Is thought that the reason for the re-
fusal of the attorney general to give an
opinion Is that he does not want to con-
dict with the former opinion written by
Mr.. Hasbrouck.
DR.. Buchanan grew restless Saturday
night, and 1t was 8 O'Clock yesterday morn
ing when he dozed of into fitful slumbers.
At 8 o clock he awoke, and few minutes
later he was visited by Mrs Buchanan.
She took a seat Just outside the wire
screen, and talked to him in a low tone Of
voice. He could not keep still, and paced
the floor constantly. He talked of his
trial and his still surviving hope of escape
from the death chair
Mrs. Buchanan stayed in the death
house the entire day and until 8 O'Clock in
the evening, not leaving even for dinner,
tho warden sending down lunch for
her at the same time as the condemned
man had his dinner served. She ate quite
heartily, but the husband barely tasted
permost in his mind, his possible escape
from the death chair
The warden visited the cell twice dur
Ing the afternoon and both times was
asked whether he had good news. Buch-
anan know that Burroughs had gone to
Albany, and was awaiting decision, and
he desired to have his dwindling hopes re-
vived This the warden refused to do and
even after reaching his decision to delay
action he would not tell the prisoner.
Buchanan was very restless and nervous
all night. The watch being kept is ex-
ceedingly close, as 1t Is known that, with
his knowledge of surgery, he could easily
cheat the electric chair
Mrs. Buchanan, just before leaving here
last night begged the warden to allow her
TO say goodby to her husband. The request
was granted, and she told her husband
that no opinion had as yet been given,
which seemed to quiet him little. At
1915 Mrs. Buchanan left on north
bound train for Governor Morton's home,
Ellerslie, Rhinecliff, to plead for q com
mutation