The San Francisco Call. Newspaper, August 28, 1898, Page 16

16 FIGHTING FOR HER LIFE Mrs. Botkin Builds a Wall of Legal Technicality. - Her Attorneys Demand Her Release—Case Without a Fracedent. The local police will receive to-day the . Cordelia Botkin. Detective e to-day from Dover, hout delay will place in the f Lees the facts with which ern authorities expect to prove Botkin guilty of the murder of Mrs. Dunning J. D. Deane. hese facts the local prosecutors nothing except to prevent Mrs & upon technicalities. applied to Judge for a writ of application was heard to-morrow morning. that the Dover an Francisco, e nt. It is prob- the District Attorney will have othing more than technicalities with t the technicalities of the a Eastern detective is cred- ited with havin ; evidence of a very posi- tive character a~inst Mrs. Botkin. He will come, of course, with the box of eandy in which the pofson was concealed. This box and its wrapper, samples of the candy and the superscription on the cover will give the clty authoritles a tangible basis upon which to work. Thus far practically no evidence of been discovered here. The ve learned fully the relations existed between N Botkin and Dunning. This relation, involving a dou- | ble life on the part of Dunning, gives something of a motive for the offense of w the woman is accused. Her papers and letters have also been seized be used to compare specimens The police hope also Botkin as the woman under mysterious Beyond this knowing and will of handwriting. to who identify Mr: purchased " to-day_wiil ma- clear th: ation. Very little will be ienced in tracing aker. From the ned the mames of the o bought the box 1t | question therefore of only a to know whether or not_ the > from the Stockton deal- so, to identify t the fatal uliar wrapper, afl dealer at Stockton will be | to identify if it was such of handwr! g will then e comy ns for gen- ot amount to a great reatly strength- which th mous let- ese letters cover of the nble that of Mrs. case of the prosecution will | strengthened. Detective | only person who can supply ., the this evidence | What else the detective knows must be | exploited after his arrival. He has suc- ceeded in evading newspaper men on his FRANCISCO CALL, SUNDAY, AUGUST 28, 1898 her attorneys, who have not yet discussed | the guilt or innocence of their client, ex- cept in generalities and sweeping de- | nials. i The police and District Attorney will | oppose the grant of a writ of habeas cor- pus on the ground that proceedings of a | criminal character are pending against | Mrs. Botkin in the Police Court. ~ The | woman has been charged in Judge Joach- | imsen’s eourt with murder. This accus: tion is made on “information and belief across the continent, and even the he w local sesses. eponde: support against police do not know what is There ce of D 3 ing will give the | ng foundation for the fabric Mrs, Botkin. e dgad woman | was & assed for many months before her | death by anonymous communications. | Bome of these may contain references that | “”1‘ assist in revealing the identity of the | writer. s As already indicateu taken the initiative in th her life. Her attorne nieal se Mrs. Botkin has | : legal battle for s began their tech- in suing for a This 1s the first | defe pus. t step | s no precedent | or par: Inited States. The au- thor! mand the extradition Mrs. whose attorneys will resist stubbornly fo the last. The application for extradition invo: a point of law has never been d that ermined in the United States. The law of this State spe- cifically declares that no person may be radited unless proof of flight from the ate demanding extradition is supplied. . Botkin never was in Delaware, and songequently could not have fled from there. No provision seems to have been made for the punishment of such a crime 15 that of which Mrs. Botkin is accused. At her bidding, under the theory of her police accusers, death traveled across the continent and brought desolation to L home, yet there appears to be no way egally 1 hich she can be taken before the propér tribunal for trial. The California law seems equally clear s the point that she cannot be tried by he courts of this State, as no provision fs ade for the punishment of an offense t of which was committed out of the . These are the main points upon h a most interesting legal battle is ‘0 be fought. Mrs. Botkin will resist ex- ‘radition will defy the authorities of his St ry her. This is the poliey of ot ADVFRTISEMENTS. TEN Fezema.z. Suffered Untold Agonies. Limbs Swollen So Could Not Get About. Ablest Physicians Signally Failed. Was Absolutely Disheartened. Had Lost All Hope. Gave Cuticura A Trial, Which Resulted in Absolute and Perfect Cure. For ten years I suffered untold agonies from that dread disease Eczema, my lower limbs most of the time being 50 swollen and broken out that I.could hardly goabout. Ihad to wear slippers sothat I could moveaboutatall, My brother, a physician of thirty years’ practice and extensive experience, had tried in vain 10 effect a cure and signally failed. I tried other physicians of splendid ability with like results, and had reached that point where I Dbecame absolutely disheartened, and in fact had lost all hope, when a friend induced me togive CUTICURA REMEDIES a trial. I used two cakes of CUTICURA SOAP and two boxes of CUTICURA (ointment), and it resuited in an absolute and permanent cure. 1 am now perfectly cured, sound as a dollar, and to Cu TIOURA REMEDIES I attribute my almost mir- aculous cure. I refer all interested to the Postmaster of this place, any of the ministers, the prominent husiness men, and all of the citizens of our vieinity indiscriminately, and especially to my friend, John A. B. Shippey. attorney at law, who persuaded me to give CUTICURA REMEDIES a trial. DAVID M. SAPP. Plymouth, Il CUTICURA_ WORKS_WONDERS cURA REMEDIES instantly relleve and speedily oure every humor and disease of the skin, scalp, and blood, with Joss of hair, whether ftching, burning, scaly, pimply, and biotchy. whether simple, scrofulous, hereditary, or con- tagious, when all else fail anointings with CUTICURA [ointment), purest of emol- nd mild doses of COTICURA RESOL- e ateat of blood purifiers and humor cures. rid. Porrex Dr| ol S B R S which is not accepted by the laws of C: fornia. The police are aware of this, and have no thought of holding Mrs. Botkin | under such a complaint or warrant. The | authorities are playing simply for delay to S.crmu the Dover detective to get here with his evidence and demand from Gov- | ernor Budd a solution of the problem | similar_ to that in the Durrant case, when Judge Morrow ignored the nationallaw on habeas corpus and refused Durrant a second writ, to which the Federal statutes | declared he was entitled. { 1t Judge Cook should refuse to grant | | Mrs. Botkin’s application for a writ of ha- beas corpu er attorneys will contend that she cannot be tried in this State, no matter -how conciusive -the - evidence against her may be. This claim will be based upon the interesting fact that in| the laws of this State no provision has | been made for the trial of stich a crime of | which the woman Is accused. On the other hand, if Judt§e Cook grants the writ .of habeas corpus the police will hold Mr: Botkin der the proceedings that hav been instituted in”the Police Court. Judge Joachimsen releases her ' before Governor Budd passes on the question of extradition she may go where she pleases. In whatever aspect the case is viewed, it | presents one of the most interesting and | intricate legal problems ever submitted to | éhq courts of the State or of the United tates. - WILL APPEAR IN | COURT ON MONDAY Mrs. Botkin, Through Her Attorneys, Is Granted a Writ of Habeas Corpus by Judge Cook. The first legal steps have been taken | toward the release of Mrs. Cordelia Bot- | kin, who s detained in this city charged | with the murder of Mrs. John P. Dunning and Mrs. J. D. Deane of Dover, Del | Through her attorneys, McGowan & Squires and Knight & Heggerty, she has | applied for a writ of habeas corpus. This | petition was presented to Judge Carroll Cook, Department 12 of the Superior | Court, by Frank McGowan shortly after | 12 o'clock yesterday. | The application was granted, and I W. Lees, Chief of Police, was ordered to pro- | ducé Mrs. Botkin in Department 12 at 10 | o'clock to-morrow.morning. Mrs. Botkin has not been booked, pending the arrival | of Detective McVey with requisition pa- pers and the evidence upon which the warrant of arrest was issued. The peti- tion filed yesterday follows: The Habeas Corpus Writ. In the Superior Court of the City and County of San Francisco, State of California—In the matter of the application of Cordella Botk# for a writ of habeas corpus—To the Honorable the Buperlor Court of the City and County of San Francisco, State of California: The petition of Frank McGowan, who makes this application for a writ of habeas corpus for and on behalf respectfully _shows this of Cordella Botkin, court: 1 That said Cordelila Botkin above named is | now and was for more than two years last past a resident of the State. That the sald Cordelia Botkin is imprisoned and restrained of her liberty by imprisonment | in the City Prison of the'city and county of San Francisco and the sald State of California. That 1. W. Lees, the Chief of the Police of | the city and county of San Francisco, is the name of the person by whom sald Cordelia | San Francisco aforesaid until such time as an i Botkin is so confined as aforesald and re- strained of her liberty, That_the sald imprisonment of the said Cor- | delia Botkin is illegal in this, that sald Cor- | delia Botkin is held and restrained in such | custody by said L W. Lees aforesald under a | complaint charging her wjth murder and a warrant' issued for her arrest therefor, which complaint and warrant of arrest are in words and figures as follows: [Here follows the original complaint, the warrant upon which Mrs. Botkin was arrested and the return to the warrant, sighed by De- tective E. L. Gibson. This latter is.indorsed by Joseph P. Hughes, clerk. All these have been printed in full in the columns of The Call.] That the said I. W. Lees, Chief of Police of the said city and county of San Francisco aforesald, has imprisoned the ®aid Cordeua Botkin under and by virtue of said complaint above-named and said warrant of -arrest,” and not otherwise, and this said complaint and warrant of arrest aforesald are the only pro- cesses, authority or order, judgment or decree, by which safd I. W. Lees Esq., Chief of Po- lice aforesaid, holds said Cordelia Botkin or restrains her of her liberty as aforesaid. VI That said I. W. Lees aforementioned is im- prisoning safd Cordelia Botkin in the City Prison at and in the city and county of San Francisco aforesaid, and restrains her of her Iiberty aforesaid as the Chief of Police of the city and county of San Franclsco, State of California. 1 VIL bt sald complaint is fllegal and vold in this: (a) It does not charge a public offense under the laws of California. (b) It attempts to charge a public offense on information and belfef. (c) It does not charge, allege or show elther as an allegation of fact or by inference that on the 1ith day of August, 1898, at any time be- fore or since said date,’ that the said Cordelia Botkin was in the State of Delaware, or a resident thereof, or that she fled therefrom after the alleged commission of the offense de- scribed in said alleged .complaint, or that the said Cordella Botkin ever fled from the State of Delaware, or became, or was a fugitive from Justice in the State of Californla. VIIL That on the 11th day of August, 189, the date of the alleged murder mentioned in the com- plaint-above set forth, the sald Cordelia Bot- in was not in the State of Delaware, either at the time of the commission of the said mur- der or after sald commission thereof, and your petitioner alleges on information and belief that said Cordelia Botkin never was in the State of Delaware at any time or at all, and your petitioner alleges that on said 1ith day of August, 1898, and for a long time prior thereto sald Cordelia Botkin was in and a resi- dent of the State of California; that she never at any time fled from or left the State of Dela- ware or took refuge in the State of California from the State of Delaware, or from any other State, and therefore petitioner alleges that said Cordelia Botkin {s not now and never was a fugitive from justice from the State of Dela- ware or any other State, and she never fled 000000000000 0C000000000000000000000 GATTRELL REMEMBERS THE CONFECTIONS The Candies He Sold Identical With Those in Which the Poison Was Mixed. ; STOCKTON, Cal., Aug. 27.—Frank contained in the poisoned box malled same he packed in the box purchased 00000000C0000000000 patch from Dover published in The Call describing the kind of candy lieved the oblong bonbons, the chocolate creams and the tongs were the weeks ago. As to the flat wafers he was not so sure, unless that part of the description had reference to some chocolate wafers dotted ‘over with white drops. The description of the tongs is identical with those at the Wave, being washed in a plate looking mented, and about three inches long. 000000000000000000000¢G Gattrell was to-day shown the dis- to Mrs. Dunning. He said he be- by the mysterious woman three like silver, cheaply 'orna- 00000000000 0000000 000000000000 of San Francisco, State Callfornia, ex rte Cordelia Botkin, on habeas coi . State of California, from the said State of Delaware as a fugitive from justice or from any other State. That under and in pursuance of the author- ity conferred upon said 1. W. Lees aforesaid by reason of the filing and making of sald complaint above set forth sald I. W. Lees is restraining said Cordelia Botkin of her liberty as aforesaid and is confining her in said City Prison at and in the said city and county of alleged agent or officer of the State of Dela- ware comes to the State of California for the purpose of extraditing said Cordelia Botkin: that your petitioner is informed, belleves and s0_alleges the fact to_be that said alleged officer or agent of the State of Delaware pur- orts to act under authority alleged to have een conferred upon him by reason of some pro- ceedings in the State of Delaware taken and commenced in said_State last named to extra- dite said Cordelia Botkin from the said State of California to the said State of Delaware, and your petitioner alleges that said proceed- ings s0 as aforesaid taken and commeneed In %aid State of Delmware to extradite -aid Cor- delia Botkin to sald State of Delaware aresil- legal, vold and of no effect whatever, for the reasons set forth in paragraph VIL of this petitition. % That sald Cordelia Botkin is held and re- strained of her liberty by said I W. Lees, Chief of Pollce aforesaid, at said place without authority of law and in violation of her rights and without any evidence of the commis- slon of said offense by said Cordelia Botkin. Wheretore your petitioner prays for and on behalf of said Cordelia Botkin that the court make and enter its order herein directing that A SWrit of habeas corpus fssue in usual form MRS. BOTKIN, FROM HER and now produce the body of the said Cor- delia Botkin and respectfully return and show that she is in my custody under and pursuant to warrants issued out of and by the Police Court of said city and county, on complaint: now on file in said Police Court, true coples of which said warrants and complaints are hereto attached and made a part of this, my return to sald writ of habeas corpus. 1. W. LEES, Chief of Police. San Francisco, Cal August 29, 1898. WILL RESIST HABEAS CORPUS PROCEEDINGS Acting District Attorney Hosmer Will Make a Fight on Behalf of the Delaware Authorities. Acting District Attorney Hosmer will, on behalf of the Delaware authorities, re- sist the efforts of Mrs. Botkin's attorneys to secure her freedom. He was In consul- tation with Chief Lees for several hours yesterday afternoon, going over the evi- dence so far gathered by the local police. At the conclusion of the conference Mr. Hgsmer sald: “The people will oppose releasing the accused woman. She was arrested on a warrant, duly issued on a sworn com- plaint, and is therefore within the hands of the' law. But one point is raised in the petition—that Mrs. Botkin is not extra- ditable because she is not a fugitive from ustice. Her attorneys contend that she as never been In the State of Delaware, and therefore cannot be a fugitive. We contend that she is. “‘Between now and the hearing in _the habeas corpus proceedings 1 shall look up decisions in this phase of the matter. “I shall undertake to make all the de- fense 1 can when the case comes before Judge Cook. Of course I cannot predict the result. Another contention which I shall make Is that the Superior Court has no jurisdiction in the premises. The pris- oner is within the jurisdiction of the po- lice court. Judge Joachimsen issued the warrant for her arrest and ordered that the prisoner be brought before him. My argument is that until the Police Judge has acted in the matter the Superior Court cannot intervene. The warrant on which she was taken into custody is, I consider, sufficient to hold her until the Sroper tribunal has passed upon the evi- ence against her and decided whether or not she should be held for trial.” Chief Lees’ legal adviser has suggested a mezhs by which Mrs. Botkin can be held for trial in this State if she is not token to Detaware. The accused woman's name has not been entered upon the prison record nor upon the detinue book, upon which the names of persons against whom there is no charge are usually recorded. The law requires that all glersons incarcerated in the City Prison shall be entered in_ the rison register, but in the case of Mrs. otkin the law has not been obeyed. Chief Lees gives as his reason for this proce- dure that the prisoner is in the custody of the police court; that Judge Joachimsen issued the warrant. It was served and return made to Clerk Hays of Police Court 3. As far as can be learned, Judge Joach- imsen has not taken official cognizance of the case, as it does not appear on his court calendar. Mrs. Botkin's attorneys allege that all these proceedings are i regular and they could procure her re- lease very quickly if it would be any ad- vantage to her. grtig i Trying to Trace the Package. Postal Inspector Irwin called on Chief Lees again yesterday afternoon, and they discussed the ma.ing of the poisoned LATEST PHOTOGRAPH. from sald court directing the said I. W. Lees as”Chief of Police of the city and county of San Francisco aforesaid compelling him, the sald I W. Lees, to produce the sald Cordella Botkin before your honorable court on the 25th day of August, 1898, at 10 o'clock a. m. on sald day, and show cause by what authority in law he Trestrains said Cordelia Botkin of her lib- erty aforesald. And your petitioner will ever pray, etc. FRANK McGOWAN, Petitioner. McGOWAN & SQUIRES, Attorneys for Cor- delia Botkin, Mills building, San Francisco. KNIGHT & HEGGERTY, Attorneys for Cor- delia Botkin, Parrott building, San Francisco. Judge Carroll Cook issued the following order granting the, writ? The Momentous Order. In the Superior Court of the City and County of San Francisco, State of California; in the matter of the application of Cordella Botkin for a writ of habeas corpus: Order granting writ. Upon the reading and filing of the pe- titlon of Frank McGowan for and on behalf | of and as the attorney of said Cordelin Botkin, duly signed and verified by him, wherein it i alleged that the said Cordelia Botkin is illegal- ly imprisoned and restrained of her liberty by 1. W. Lees, Chief of Police of the city and county of San Francisco, Statelof California. and stating wherein the alleged fllegality con- sists, from which it appears that a writ of habeas corpus ought to issue. It is ordered that a writ of habeas corpus issue out of and under the seal of the Superior Court of the State of Californiz. in and for the city and county of San Francisco, directed to the said 1. W. Lees, Chief of FPolice of the city and county of San_ Fran: State of Californfa, commanding him, d I W. Lees, to have the body of the sald Cordella Hotkin before me, In the courtroom of Depart- ment No. 12, of the sald court n_the City Hall in the city and county of San Francisco, State of California, on the 20th day of August, 1898, at 10 o'clock a. m. of that day, to do and recelve what shall then and there be con- sidered concerning the said Cordelia Botkin, together with the time and cause of her de- tention; and that you have then, and thera the said writ. CARROLL COOK, Judge of said Superfor Court. Dated August 27, 1898. Judge Cook issued an order to Chief Lees, which was a.tached to the applica- tion "and_writ, commanding him to pro- duce Cordella Botkin in his court on Mon. d:.g morning. A deputy sheriff served the order, and Lees madeé the following re- urn: Lees Makes His Reply. In_the Buperior Court of the City and County nty of Fran- !F'%.v‘w“ch{er of Pflm of candy. Inspector Irwin sald after the conference with the Chief: ; ADVERTISEMENTS. DOMESTIC DEPARTMENT. SPECIAL SALE —OF— TAPESTRY TABLE COVERS, As these goods come manufacturer, we are at very low prices. We have just received a very large shipment of FINE TAPESTRY TABLE COVERS, all new designs and the very latest colorings. to us direct from the enabled to offer them = SPECIALS. 750 Each. g 650 Each. 32-50 Each. 34-50 Each, 34100 Each. 35.00 Each. E | E E | 150 4-4x4-4 FRINGED TAPESTRY TABLE COVERS. 200 6-4x6-4 FRINGED TAPESTRY TABLE COVERS. 175 8-4x8-4 FRINGED TAPESTRY TABLE COVERS. 125 8-4x8-4 FRINGED TAPESTRY TA- BLE COVERS, very handsome designs. 50 8-4x10-4 TABLE COVERS. 75 8-4x12-4 FRINGED TAPESTRY TABLE COVERS. SEE DISPLAY OF ABOVE GOODS IN OUR SHOW WINDOWS. FRINGED TAPESTRY 82 0 m, u3, us, uzr, 19, 121 POST STREET. 3 to trace the package of candy, but we are working in the dark. As soon as the wrapper with the canceled stamps and postmark are shown to us we can tell whether the package went through this office. “We will never be able to ascertain where the box was mailed. The sender might have deposited it in one of the package boxes on the street, or at any one of eleven stations or nine sub-sta- tions. All the packages posted at any of these places are iaken to station D, where the stamps are canceled and the matter forwarded to its destination. We may trace the box from station D, but back of that we cannot go. No letters from the East addressed to Mrs. Botkin have been received at the Postoffice since the tragedy.” DECLARE THEY WILL PROVE HER INNOCENCE Mrs. Botkin’s Attorneys Will Not Press Habeas Corpus Proceed- ings Until the Requisition Papers Arrive. George A. Knight, one of Mrs. Cordella Botkin's attorneys, made the following statement yesterday: “In a consultation between Mr. Mc- Gowan and myself to-day we concluded to continue the hearing of the habeas corpus proceedings until the arrival of the requisition from Delaware. We are per- fectly secure in our position. The woman is innocent, and legally she cannot be taken back to Delaware. The question is simply o.e of interpretation of an article in the Federal constitution. Mrs. Botkin is in no sense a fugitive from justice. She never flea fiom Delaware, because sh had never been there. “We purpose fighting extradition on broad legal grounds, and there will be no technical quibbling. Nothing will be done that will not meet the approval of any fair-minded Judge and competent lawyer. “Mrs. Botkin naturally feels depressed She feels the dis- ““We are ma.ing every possible effort by her surroundings. grace of even the arrest. An inno- cent person always feels the dis- grace a great deal keener than a gullt; person. he has talked very freely witl Chief of Police Lees, and all of her letters and papers for years back are now in the hands of the police. “1 suppose comparisons are being made as to handwriting, but don’t believe there is a jury in_any civilized country that would hang a man on the unsupport- ed testimony of a writing expert, and they ought not to.” Frank McGowan is actively _en- Eaged in Sreparlnz a certain line of Mrs. otkin's defense. and he is more than confident that she will never go back to Delaware. “We will contend that the proceedings are irregular and that there_was not suf- ficient evidence to warrant Mrs. Botkin's arrest and detention,” he said. ‘“We have agreed with the District Attorney and Chief Lees to postpone the hearing ior a few day: ‘While we might on a_techni- cality secure her release on Monday morning, it would be useless, as she would be rearrested immegdiately on the arrival of the officer with the evidence and the requisition. Then the habeas corpus proceedings would have to be gone over again. Wesprefer to have it come u once and for all and have it finally an definitely settled.” Mr. Knight’s attention was called to the contradictory evidence given hand- writing experts in _the big will contests tried in this city during the past five years, and he was asked whether his side would engage writing expenes to combat ax}}h testimony given by such witnesses. e attorney replied that such testi- mony was weak and valueless and stated that he could hire experts any day to testify in any way he desired. Steamship Australla, recently in the service of the Goyernment as a troop- ship, has been returned to the Oceanic Aine and will resume her Honolulu run on or about September 1. Fare $75. Round trip §12%. Ticket office, 114 Montgomery.® e Hitchcock for Congress. OMAHA, Aug. 2.—The Democrats, Pop- ulists and Free Silver Republicans of the Second Nebraska District this afternoon named Gilbert M. Hitchcock, publisher of the Omaha World-Herald, for Congress. We advise an early call a8. I, said city and cou San ing. in ol lence tn‘fll::":r‘lt of habeas 18- by sald court, do here Maggioni Gloves On Monday morning August 29th at eight o’clock’ we will place on sale our entire stock of five-button MAGGIONI glace’ plain backs, which never have been sold for less than $1.75 and $2.00. - Every pair is guaranteed; fitted if desired. is broken as every pair is to go for L BBe 123 to 131 Kearny §t. Ay- ADVERTISEMENTS. kid gloves, before the assortment BRI CASH-OR-LITTLE-AT-A-TIME, COUCH-$4.75, Next week—A good, st , strong, com- fortable couch—covered wit% fancy tapestry—worth double—four-seventy- five. n you buy of us you don’ caghi nv::t"h:;ryke your Kiomu;’"gé Doy - . An ins our goods and prices will satisty you of fair treatment here. e keep every- thing that goes to furnish a home. J. NOONAN, Complete House-Furnisher, 1017 to 1023 MISSION ST., S Above Sixth. Phone South 14, Open Evenings. BRERNNRRLRIRERY ers, bootblacks, bath- BRUSHES hotses. hilliard table, brewers, bookbinds ndy- « dyers, fourmalls, “tound, "n'e-’. Iaandie. pasme: printers, ini h stablemen, ur-mflrmnmnm !'-I?elfll‘l. ete. BUCHANAN BROS., Brush Manufacturers, 609 Sacramento St R R R R R R R R R R R R R R R R R R R AR R R R R R BRIV NIUBRRIILLIIIIRIISN FOR BARBERS, BAK-