The San Francisco Call. Newspaper, September 6, 1898, Page 5

THE SAN FRANCISCO CALL, TUESDAY, SEPTEMBER 6, 189S8. EMMA HERBER'S STARTLING STORY TOLD TO THE POLICE DESCRIBES HER STRANGE CUSTOMER Woman of Mrs. Botkin’s Appearance Bought Candy July 31. CAUTION TO SALESWOMAN. State Chemist of Delaware and Physicians Become Witnesses for the Defense. Another fact of strange cir- cumstantial import has been added by the police to the evi- dence that they are collecting in thelr effort to prove Mrs. Corde- lia Botkin the murderess of Mrs. Dunning and Mrs. Deane. When Miss Emma Herber, the pretty clerk of George Haas, first told of the mysterious woman who bought a box of candy the young lady did not tell the whole story. The mem- ory of M er is better than she knew, and last night she added a new and startling chapter to her recital. She was summoned be- fore the Chief of Police and to him made a sworn statement that sooner or later will find its way into a court of justice. Miss Herber declares that on Sunday afternoon, July 31, between 3:30 o'clock and 4:30 o'clock, a short, stout, full-faced woman en- tered the Market-street candy store and asked for a box of candy. The woman said she was in a hurry and acted so. Miss Herber noticed that the customer spoke with an English accent. The cus- tomer said she wanted a speclal box of candy or unmarked box that she wished to send to some friends. 1e was particular to ask that only nocolate candies be placed in the ked Miss Herber not to fill it, e intended to place in it another present. [ woman’'s wishes were ob- d. Miss Herber took a spe- 1, unmarked box and filled it as ructed. The young lady was wn the box of poisoned candy t was sent to Dover. She looked it a moment and then said that was similar to the one she had 1d to her customer on ine after- of July 31. Then the Chief Police ed her to describe the aper ch the box was wrap- Miss Herber did so and iden- the wrapper on the death- as similar to that Miss Herber knew nd after swearing to her nt she was excused. Her description of the box of and the wrapper are dan- close to the box of poi- Her characteriza- woman who se is in a general Cordelia Botkin. ion of the purpose of fits that which sub- t events proved was the plan terfuge of the murderess. has never seen that bought the Herber ce the incident of the af- ternoon of J She says she does not know Mrs. Botkin, and is not in a position to v that she will be able to identify her as the purchaser of the box of candy. The young lady will be given an oppor- tunity to do so, however, perhaps to-day, as the cused woman will appear in court before Judge Cook this morning. P R R ettt L T TP PP RR RS S S e S S L S R T S YT SYOS SO P PSS E B R R AR R B O e e O S s Another vital and perhaps the most critical plece of evidence that will be used in the trial of Mrs. Cordelia Botkin has been discovered. It is revealed in the testimony regarding the character of the sed in the death-laden confec- at were sent to the unfortunate women of Dover. The Call received last night from Dela- ware the first definite and authentic eport of the F of the pof- ed ter the death of Mrs . weane. This tes- timony the State Chemist of Delaw ¢ the two physiclans who attended the unfortunate women in their illness and death. The importance of this evidence cannot be underestima- ted, it is probable that every issue of trial of Mrs. Botkin will revolve around it. It will matter little whether the woman be tried in this State or in Delaware. She will have to explain sat- isfactorily her purchase of arsenic, and to defend herself against the natural suspi- clon that arises from that purchase. It is not improbable that the life or death of Mrs. Botkin will depend upon the testimony of the expert witnesses. It should be remembered that the only direct incriminating evidence agalnst the woman is her purchase of two ounces of arsenic at the Owl Drug Store on June 1. She frankly admits that she bought the pol- son and t why. She was not alone when she bought the drug and others, she insists, saw her use it for the pur- pose she had designated to the clegk. Two months after, and a few days before the poisoned candy was sent on its mis- sion of death, Mrs. Botkin talked earnest- ly, eagerly and mysteriously about the use and effect of arsenic as an agent of death. These facts of apparent guilt are of great circumstantial importance and the defense admits must be answered, particularly when they are viewed in conjunction with the woman's relations to Dunning. The detectiv of this city have, it seems, fortunately for Mrs. Botkin, es- tabli d too much. Had they rested when they discovered the fact that the woman had bought arsenic the conclu- sion would be a crushing one to the de- fense. But the police also proved the fact that the arsenic sold to Mrs. Botkin was powdered and mnot crystallized, a most vital distinction in the case. There can be no mistake in the matter as Frank 8. Grey, the clerk who sold the hoison, i8_positive. The arsenic bought fu Mrs. was_the commercial, adulterated powder. The State Chemist of Delaware and the two physicians who attended Mrs. Dunning and Mrs. Deane equal positive ~ that the which brought death to the two vomen was crystallized and not powdered or pulverized arsenic. These experts could not have intro- duced a more vital piece of evidence had they declared that the poison was not arsenic. The difference between pow- dered arsenic and crystallized arsenic is antipodal. One cannot be transformed into the other without agents that are not common to people who have no prac- tical knowledge of chemistry. In giving this important testimony the Delaware witnesses are particular to explain their reason They tell thelr results of the analysis of the candy and show with a clearness satisfactory to themselves that crystals and not powders were used. The candy has not since been analyzed and the statements of the Delaware experts must be accepted as final. This new revelation in the case, made practically by the prosecution itself, will o \ T T Hieih b \'gil,' Ay | }IW\ 0\ e A N'; M‘I \ “\ G, THE POLICE THEORY OF A HORRIFYING CRIME. have a bearing that cannot be overshad- owed by any other feature of the case. The authorities are now forced, it would seem, to show how a most unusual trans- formation in a poison may be made, or to show where Mrs. Botkin bought crystal- lized arsenic. The question of extradition is daily be- coming more complicated. The defense, as a matter of course, will fight to the end any attempt to send Mrs. Botkin to Dela- ware. The prosecution has given a new reason why the woman not tried in this te. that have arisen in_the e have never been determined in California, and the au- thorities are concerned for future con- tingencies as well as the present. Chief of Police Lees declared yesterday that if it were possible he would ask the defense to agree to the extradition of the woman by the Governor and then contest her re- moval from the State in any tribunal of justice that might be chosen. Unless this is done the Chief insists that Mrs. Botkin cannot be tried for the crime of which she is accused. The argument by which this conclusion is reached is interesting. If Governor Budd refuses to extradite Mrs. Botkin, two courses of action remain for the au- thorities. There is a possibility that the action of the chief executive may be re- viewed by the courts, State or Federal. No one is willing at present to say that such a review would be legal, but there is a disposition on the part of the au- thorities to test the question. If this avenue out of the legal maze is closed and the woman must be tried for murder in this State another difficulty will pre- sent itself. If the woman were acquitted the question would never become of prac- tical interest. If she were convicted the defense would appeal to the State Supreme Court, and, failing there, to the Federal courts. One of the grounds for appeal would un- questionably be that Californfa had no jurisdiction” and could not legally try the woman for murder, as the_effective ele- ment of the crime was in Delaware and not in California. If the appellate court should decide in favor of the defense on this point Mrs. Botkin could never again be tried for murder. The California courts, having no jurisdiction, could not act and, it is claimed, that the tribunals of Delaware would be powerless to move, since Mrs. Botkin had been once in jeopardy of her life. The point is cer- tainly an interesting one, and will be fully argued before Governor Budd when the matter is presented to him. The police expect to be ready on Wed- nesday or Thursday to present the entire case, as they have it, to the Chief Ex- ecutive. The Chief of Police and his sub- ordinates were busy yesterday preparing the affidavits that represent the Califor- should be The complications | | | which polsoned Mrs. De: may have contained pois Wolfe, who made the official anal w form. Bishop. had become imbedded in her mouth. have been cry: tallized and not pulverized. S S S R S S SRS DI THettttet bt bbbttt rtt bt bbbttt bttt CRYSTALLIZED ARSENIC WAS IN THE CANDIES. DOVER. Del., Sept. 5.—So far as is known the arsenic in the candy ne and Lirs. Dunning was in lumps, although n in crystallized which have been preserved. He is of the opinion that some of the y was contaminated throughout by arsenic. . Bishop, who attended both women and also examined the candy, found lumps and believes that the polson was put in the candy Dr. Downes, who was the consulting physician, agrees with Dr. Miss Josephine Baleman, who ate some of the candy, afterward picked lumps of arsenic from her teeth and extracted one good-sized lump which Those who are familiar with the candy believe arsenic in lump form was used, although a local authority on the subject says the drug may allized first and afterward mixed with some chemical make it solid and convenient to handle. There is no question that the arsenic discovered in the candy was crys- D R R R R R R R R R R R R e e L T e it form. State Chemist L. R. , states that he found lumps as large in that to D A ™ nia phase of the prosecution. Mrs. Rauof, Frank S. Grey and the others who have supplied shreds_and patches of evidence were summoned to police headquarters and made sworn statements. This testi- mony will be presented with that sent from Delaware with the application for extradition. In the meantime two legal proceedings must be considered in court. The appli- cation of the defense for a writ of ha- beas corpus will be called this morning by Superior Judge Carroll Cook and will be continued. It would obviously be a waste of energy to argue the case at present, as the woman would be im- mediately” rearrested even if Judge Cook rendered a decision favorable to the de- fense. The matter will be postponed, therefore, until after the extradition pro~ ceedings take place before Judge Cook. The Police Court investigation has been set for to-morrow morning before Judge Joachimsen. It also will be evaded as far as__any deflnite issue is con- cerned. Neither the District Attorney nor the Chief of Police wishes to commit him- self to a position of prosccutor in this proceeding. Under the theory of the pro- secution the authorities are s!mf)ly hold- ing Mrs. Botkin in custody until the is- sue of extradition has been determined. The charge of murder has been made at 3 THE CALL GIVES Bothin. 53 3 £ 3 LHERRRRVRERRRENN LR R IR R R R R R R R R R R AR R R R R AR R R R R AR R R R The Call gave another illustration yesterday of the superiority of its news service over that of other morning papers. In the tragic story in which Mrs. Cordelia Botkin is now the central figure the mission that on-'June 1 she had purchased arsenic at a local drug The Call published this vital fact while its contemporaries concerned themselves with speculation to determine whether or not ® the drug clerk would b: able to identify .drs. The developments of yesterday make theadmission of Mrs. Botkin the most important testimony in the !ilylterio\u murders of which she is accused and for which she will be tried for her life. THE NEWS FIRST. was contained in Mrs. Botkin’s ad- Botkin Mrs. * o o 8 £ £ ] o 8 3 &8 i 2 as 8 e 8 e ] 8 BRERERARBRBRRERER L the request of the Delaware officers and not with a purpose of committing this State to a prosecution of the woman. Dcla{‘ will_consequently mark the policy of Chief of Police Lees and the District Attorney. If, however, Judge Joachim- sen should decide, as it is claimed he has power to do, that this State has jurisdic- tion in the case, a new and dangerous complication would be lnter?ected. The police and not Mrs. Botkin’s attorneys would then be on the defensive. These conflictine legal possibilities have exclted a national interest, as they are novelties in the history of American crime. Every effort will be made therefore to define the law of jurisdiction of California, even if the fight must be carried to the Supreme Court of the United States. The local authorities are acting now with a very clear realization that their hasty action of last week has caused them a great deal of trouble and almost involved them in the commission of fatal blunders. When the tragic case was brought to the attention of the local Grand Jury, Chief of Police Lees had no other purpose than to use the official in- quisition as a drag net to force reluctant witnesses to appear and tell under oath all they knew. It was impossible osten- sibly to use the Grand Jury for this pur- pose, and the authorities” were willing, At what they believed to be a minor saci’ fice, to accept an indictment for sending oisoned confections through the mails. Even such an indictment, however, would commit Mrs. Botkin to a trial in this State, the very result the police do not want. The proceedings before the Grand Jury, therefore, will be dropped and the drag net will be cast in other waters. —_—— TAKING AFFIDAVITS OF THE WITNESSES Chief Lees is, as rapldly as possible, reducing to affidavits the testimony of the California witnesses in the case against Mrs. Cordelia Botkin so that the requisi- tion papers may soon be presented to Governor Budd with the necessary evl- daejnce to support the request they con- tain. From noon yesterday until late last evening Assistant District Attorney Hos- mer plied his numerous witnesses, and by noon to-day it is expected that all of the evidence 5o far adduced by the prose- cution will be in preséatable shape. Chief Lees expects to have his case be- fore .Governor Budd by the time | the executive will have finished the business which brings him to town. Of the witnesses Mrs. Rauof, Mrs. Bot- kin’s one-time friend and nurse, was the first to arrive. She was immediately ushered into room 6, the official conning tower, and the reduction of her evidence to_script consumed a full two hours. Frank S. Grey of the Owl Drug Com- pany followed, and he was closely ques- tioned not alone as to the circumstances surrounding Mrs. Botkin's purchase of powdered arsenic, but also with regard to his previous acquaintance with the ac- cused woman. 3 George Haas, the confectioner, to whose store the fatal box has been traced, was brought in, but his only testimony was regarding his recognition of both box and candy as the output of his establishment. The depositions of Mrs. Seeley, Miss Lizzie Livernash, Detectives Gibson and McVey, the employes of the City of Paris and the shopping companions of Mrs. Botkin remain to be taken. It is expected that W. A. Botkin, the husband of the defendant, will be called upon by the prosecution to tell of the alleged sickness of his wife during her stay in Stockton previous to arrest. r. Botkin_spent the morning with his wife. Miss Dora Brown and Detective Gibson were also morning visitors. In the evening Attorney and Mrs. Frank Mec- Gowan came in for an hour upon unoffi- clal business. i g Grey Sees Mrs. Botkin. After 1 o'clock this morning Frank S. Grey, the clerk in the Owl Drug Store who sold arsenic to Mrs. Botkin, was taken to the City Prison to identify the accused woman. The proceeding was purely a formality in connection with the extradition application. It was unneces- sary, as The Call published exclusively yesterday the fact that Mrs. Botkin ad- mitted the purchase. The clerk was able to identify the woman. MONSTER BAND WILL PLAY AT THE FAIR The Irish Fair has entered upon its last week, and the management is satisfied that it will be a financial as well as a social success. Since it opened manager L. W. Buckley and Assistant Manager Charles B. Tidball have been unremitting in their attention to the various interests of the big exposition. As the end draws near special efforts are being made to present as many and as varfed forms of entertainment as pos- sible, and there is no doubt that they will succeed. For several days Band- master George W. Bennett, who has done such_excellent work with his musicians, has had in preparation one of the most unique musical treats that has ever been presented in this city. He has completed arrangements with the leaders of the Fifty-first Iowa, Twentieth Kansas, First Tennessee and Seventh and Eighth Cali- fornia regimental bands and the bands of the League of the Cross Cadets, St. Vin- cent Cadets, three drum corps and thirty buglers to perform at the falf this even- ng. gesterday was designated as ‘“Labor Day” and ‘“Leinster Province Day,” and the attendance was as good as at any time. There were extra dancing features by the puplls of several of the dancin teachers, which was highly appreciated. The St. Vincent's Convent Guards came down from Vallejo on one of the early boats and spent the afternoon among the various attractions. About 600 children of St. Patrick’s School, and their teachers | were also present. T 5 Rev. a long and much-needed rest. to make up for Jost time. idea of taking a holiday. to take a trip to Ireland. (00010100 IOIOICYSHOFOXONOXCROXORORCRORORORORORORO ONOXOXOXOJOXOJOIOIOIOIO RO JORORONOXOCXOXOXO) [CXOXOJOXOXOXORONOROROXOXO] thread of his work, even trylng to do a little more than usual, if possible, His physiclan advised him to leave off a little, but he laughingly called attention to his robust frame and scouted the very His physician, seeing that neither threats nor coaxing had any effect, gained the ear of friends of the young priest, who finally persuaded him It has not been decided when he will start but preparations are already being made. (OJOXOXOIOJOIOXOJOROJOJOJOYOJOJOJOROROXOXO) @@@@@@@@@@@@@@@@@@@@@@@@@@@@_@@@@@8 FATHER YORKE GOING TO [RELAND. ¢ H e @ His Health Failing and He Leaves for a Long © and Much Needed Rest. o As soon as he can finish up the work he is at present engaged In ® Peter C. Yorke, chancellor of the diocese, will leave this country for ® During the past few years Father Yorke has undertaken and success- 8 fully carrled out a stupendous amount of work—his capacity for work seemed marvelous—and everything he put his hand to has prospered, but the long strain has told on his system, and his friends, fearing a complete break- ing down, have finally prevailed on him to drop everything and forget the world at least for a vear. His physicians have time and again advised him to take a rest, but he is a man who icels that work is a part of his life, and each day must see something accomphished, so he has contin- ued at the imminent risk of ruin- ing his health for life. The first signs of failing health were noticed a few weeks ago when he was attacked with pains in the arms and shoulders. The doctors called it rheumatism and sent him to St. Mary's Hospital. Even there, however, he could not reconcile himself to a life of idle- ness, and did such work as was possible without leaving his room. Three weeks ago he left the hos- pital and at once picked up the CEEEEEEEEEPPIPPEECIPPPNEPLPPOPPVOPDOPDPDEEEOE® BRINGS A LOAD GOLD DUST Steamer Portland Ar- rives From Alaska. The steamer Portland from St. Michael reached port late last night with nearly two tons of gold belonging to the Bank of Commerce at Dawson, the Alaska Commercial Company and twelve of the 240 passengers who came down on the vessel. Charles Anderson, - pioneer of the gold fields, who is perhaps the most wealthy miner in Dawson City, brings with him dust and nuggets valued at from $60,000 to $30,000. Anderson was the virtual discoverer of El Dorado Creek, but did only fairly well until recently, when he met with a wonder- ful piece of good fortune. During a spree he was induced to buy No. 29 on El Dorado for $800. When he awoke in the morning after his good time and discovered a bill of sale for the claim he felt that he had been vir- tually robbed and attempted to secure his money from the men who had sold him the property, which he thought valueless. His efforts to recover his $800 proving of no avail he began pros- pecting to see just how badly he had beén bunkoed. To his surprise he panned out gold by the bucketful and it is estimated that nearly $300,000 has been taken out of the despised claim. The original owners learned of the value of the property which they had been so ready to dispose of at a low figure and sought to get it back from Anderson, but re- ceived the laugh which they had given the lucky Anderson at the time he had been induced to purchase the claim. A partner of Anderson, John Lee, also came down on the steamer. He owns a goodly share of the treasure aboard. Just before the two men left Dawson they purchased a half interest in claim No. 30 on the El Dorado. For this in- terest they are said to have paid $208,- 000. Ed Nelson, William Young and Charles Lamb are three other success- ful miners from the Minook and El Dorado_districts. They, with Ander- son and Lee, are about the .only ones on the vessel having much gold, but besides them six or seven other pas- sengers have perhaps $60,000 divided among them. About one hundred of the passengers are laborers and car- penters who have been working in Alaska. 1t is claimed by the miners that there are about forty good claims arcund Dawson, and the others hardly pay the working. Minook, ElI Dorado and nearly all the creeks are overrated. Circle City works steadily and good strikes are being made near there. The great rush at present is to Kowukuk, which is about 150 miles from Feort Hamlin. The river boats are not very likely to get up even as far as Circle City. The miners say that of the thirty which have started up at least twenty are already frozen in, and it is doubt- ful if the remaining ten will be able to get farther than the rapids. Edward O’Brien, watchman on the Leah, was washed overboard near the Russian mission and his body was not recovered. He formerly lived in San Francisco. Andrew Wilson, a sealer on the Louisa, fell overboard an® was drowned while loading coal at the Holy Cross Mission. T00K A SHOT AT HER BETRAYER Evelyn Holt Gets Re- venge for Wrongs. Evelyn Holt, a petite and prepossessing brunette, revenged herself for numerous slights and insults last night by shooting Charles Fecker, a former lover, in the left shoulder, inflicting a painful but not dan- gerous wound. The shooting occurred on Jones street, near Ellis, about 8 o'clock last evening. Fecker, in company with his wife, was walking along Jones street when the young woman came behind him and fired a .32-calfber buliet into his body. Fecker attempted to grab her, but only succeeded in snatching her cape, which she allowed to slip from ber shoulders. The wounded man left his wife standing and rushed ug the street in search of a physician. The would-be murderess ran into a near- by lodging-house and into a room where three men were sitting. She excitedly told them what she had done and asked whether there was another exit. On being told there was none she called for pencil and paper and calmly wrote a note to the police, notifying them where she could be found. One of the men then took the note and delivered it to Officers J. D. McLane and G. de Blois, who were at- tracted to the scene by the shot, and they took her to the City Prison. She was placed behind Desk Sergeant Brow: desk until Fecker could be found lodge a formal charge agalnst her. the request of the officers he charged her with attempted murder. Fecker is a tall, smooth shaven man and his face was naturally pale from the ef- fects of the physician’s probe which was used to locate the buliet. The first warning he had of her pres- ence last night was a shot and a sudden sting in the back. He claimed to have been on the operating table for two hours, during which an attempt was made to find the bullet with poo! ceess, The prisoner told sad story of ill- usage on the part of Fecker and the rea- sons that led to her shooting him, with great frankness. ““I don’t regret shooting him,” she said, “because if ever a man deserved it he did. I am sorry 1 did mot kill him, because that was my Intention. I had written him earlier in the day to come and see me and return the money he had swindled me out of. He refused to do so and treated me wretchedly that I went down town to-day and bought a pistol and went out looking for him. He as walking down Jones street when he saw me. ,He saild something to his wife and they both laughed. ecker then turned around and tossed his head in a way that angered me. He did this a sec- ond time and not being far behind I hur- ried forward and as he turned to his wife I shot him. He turned and grabbed my cape. I ran away because I was afraid 1 would be taken to prison in the patrol wagon. “I had been living with him at 406 Geary street for over a year and a half. He ai- ways told me that he wanted to marry a wealthy woman and get her money and then go t with me and live happily. 1 alwa; wanted him to marry me, but that was the only repl}y he would give me. On June 24 he persuaded me to go to Los Angeles, and a half-hour after I left he got out a license and married Anber Can- non, a woman whom he met at the Pacific Matrimonial Bureau Agency and whom he believed to have money. While I was in Los Angeles he wrote me nearly twen- ty letters, telling me that when he got his wife’s money he would take me East. “On my return from Los Angeles he hired a room for me at 228 Powell street. He would visit me and make all kinds of promises. Knowing his reputation and not believing him, I demanded that he re- turn my money that I loaned him. He always put me off and then stopped com- ing. I then called at his office, but he would never see me. I then told his wife that he must come and settle with me, otherwise I would kill him" Fecker received unenviable notoriety by his connection with a matrimonial bureau. ADVERTISEMENTS. (OO O OO s O OZn OauOmOmOmOmO; It s worth $100 to any men who Belt if possible. Call or address Office hours, 8 8. m. to § to 1. Branches at Los Ang Second street: Portiand, Or., 23 street; Colo., 931 Sixteenth Dallas, Tex., 255 Maln street; Butte, 110 North Main street. (OO0 mnOanOppOpnOmnOpn O OauOmnOgn O, A MAN AMONG MEN!I! With Strong Nerves, Clear Brain and Vigorous Physical Strength. Read the Book, ‘““Three Classes of Men.” will be sent closely sealed, free upon application. DR. A. T. SANDEN, 702 Market Strest, Oorner Kearny, San Francises . m.; Sundays, 10 eles, Cal,, 232 West ‘Washington street; Mont., SUCH YOU CAN BE! ‘What has been done cam be domne. It is wrong to assert that strength once lost cannot be re- stored. It has been done. Dr. Sanden’s Electric Belt has re- stored vigor to many thousands of men who had almost given up hope. It has been done, and it can be done. It is being done every day. is not what he ought to be. It Call and examine this — NOT IN DRUG STORES. Dr. Sanden's Electric Delt 15 never sold In drug stores nor by traveling agents; only at our office. O-0-0-0-0-0-0-0-0-0-O-O O-0-0-0-0-O-O-0-0-0-0-@