The San Francisco Call. Newspaper, September 10, 1898, Page 16

16 THE SAN FRANCISCO CALL, SATURDAY., SEPTEMBER 10, 1898. WHY GENERAL - GREENE WILL RET URN HOME A Serious Clash of Authority Between Him and Major- General Merritt. Said to Have Convened a General Court- martial in Contravention to the Arti- cles of War—Gossip of the Retirement. In press dispatches from Manila re- cently published in The Call it was a nounced that Brigadler Gene: 8 in Greene, who iled from here esrly June on the transport China, In mand of the second detachment, pine expeditionary forces, was to return to this city on or about the 21st of Se tember. ch fur stated that Gener upon his arrival b of the to the immediately mustered out 8¢ 1y dispatch wa th by th pted in good of those who re aSO0T nce the war w ended, why General Greene turn to look after his business affairs. But there is, sub rosa, a different rea- majority vice, and that he would return | sidered one of the brightest officers when he was in the service, would have been ¢ such an overstep of wmilitary eti- quette as to take unto himself a power which he had no right to do. He was cer- e the Artj s of nly acquainted w - It is said that the single s too w upon ghty for General s equillbrium, and 3 om at is commonly known the “big head. When he left here on the China it is reported that the captain of the vessel courteously told him that he must consider his cabin his own and make himself at home ther: Greene is sald to have replied t he proposed taking the his own quarte: This but the capiain kept n_the voyvage, when f cers aboard were enjoying the captain's hospitality General Greene forbade b to invite them into his cabin without having first obtained permission from him to do so. These facts and the court-martial incident are said to have cul- General t he in- ome that the command cannot be properly con- sidered a “‘separate brigade’’ within the mean- Ing of the seventy-third article of war; and I would recommend that the sentences imposed be set aside. Very respectfully, G. N. LIEBER, Judge Advocate General. The officers at the Presidio refuse to dis- cuss the affalr or to express themselves in any way, but it can be gathered from the little they have said that they do not be- lieve General Greene convened the court- martiai through ignorance. If such is the case General Greene is lucky to escape with being allowed to retire. Interesting results are expected when he arrives in re- gard to the affair. It is further rumored that General Greene adopted a high-hand- ed rule with the various commanders in his detachment as soon as it salled, and that the breach between himself and his subordinates was never healed. rcebes gl MUSTERING OUT MAY STOP. General Miller Expects to See All the Troops Get Away. General Miller, upon his return to the Presidio late yesterday afternoon from department headquarters, was in a de- cidedly happy frame of mind. He refused to make any definite statements when asked for an expression of his views re- garding the troops now at the Presldio being soon ordered away for Honolulu, but he did say that he was of the opinion that in a month there would not be a tent left standing at the Presidio and that the First Washington would also be among the regiments to go. From what the general had to say in regard to the matter it is highly probable that the au- thorities at department headquarters are in receipt of orders from Washington that will make the weary soldiers at tha Pre- sidio very happy when they are known. The most significant thing that General Miller had to s was that in had learned from a religble source that Governor Budd had wired the War Department request- ing that the mustering out of the Sixth and Seventh California regiments be stopped. The general refused to confirm the report, but he plainly intimated that he was of the opinion that there was something in {t. The general stated that he expected to see all of the troops now here, including the Eighth California, get away {n the near future. He himself will leave with the last detachment to go, and he said that he would make application this time to the War Department to be sent to Ma- nila or Honolulu, something that he has never yet done, L o Presidio Notes. The officers appointed by General Miller WAS HIS RETIREMENT ENFORCED? BRIGADIER GENERAL F, V. GREENE, Who Is Expected Home From Manila Shortlu. gon why a man of General Greene's cognized brilllancy should suddenly toss up his commission and return to civil life, when affairs in the Philippines are yet' far from settled, and there remains an opportunity for the achievement of glory and fame. The favored few here, who know the meager facts regarding the general’s return, are loth to dis the subj and it will never be fully explained until General Merritt has re- re- £l turned, but one thing is certain, and that is that General Greene is coming k s been a clash between 1 Merritt. To what no one seems to kuow, but it appears that the Philippines were not large enough for both general cf- ficers, and in consequence, Merritt being Greene’s superior, ihe latter no doubt de- cided that home and civil life would pe more congenial. Rumor has it that Greene’s return Is not voluntary, but that it was the alternative left him in lieu of & court-martial, as a result of his as- suming authority (presumably through ignorance), which he had no right to do. Be that as it may, one thing is true, there was an unpleasant friction petween Generals Merritt and Greene, and the lat- ter has decided to leave the service. The facts in the case are that while at sea on June 18 General Greene convened a eperal court-martial and tried four pri- ates of the First Colorado and one pri- vate of the Eighteenth New York regi- ments, for some petty offenses commit- ted aboard shllp. The War Department, when the results of the court-martiz were forwarded, promptly set them eside. This was a direct ruling against Gen Greene, and it is said to have been done at the request of General Mer- ritt. Judge Advocate General G. N. Lisber in his report of the matter to the adjutant general states that there was nothing to show that General Greene's detachment Dbad been designated in orders as a “'sepa~ rate brigade,” but that {t was a detach- ment made up of part of brigades of the “4ndependent divislon,” and that such being the case General Greene had no authority to convene a general court- martial, which authority under the seventy-third article of war is Invested only in the commander of a divisicn of of a separate brigade of troops, and the judge advocate recommended that the sentences imposed upon the men be set aside, which was done by the War De- partment. General Merritt was the oniy officer with power to convene a general court-martial, he being in command of the Independent Division, Eighth Army C orps. 901 claimed by some that General Greene knew he had no right to convene the general court-martial, while others hold to the opinion that he committed the breech of power through ignorance. It is sald that when General Merritt reached Manila he had an interview with General Greene that was decidedly heat- ed, 2nd that some very warm and pointed words passed, and now the latter is com- minated upon the arrival of General Mer- ritt in General Greene's being told some very plain facts, and it is sald that only Greene’'s rank saved him. He was per- mitted on account of it to return home. At any rate General Greene is going to lay de the martial blue for the modest garb of the civillan. The following is the opinion of Judge Advocate Lieber in the matter of the neral court-martial convened by Gen- I Greene, submitted to Adjutant Gen- eral Corbin: To the Adjutant General—Sir: I have the honor to submit herewith the records of trial of Privates H. J. Lambert, Company M, First Colorado Infantry; H. B. Briggs, Company C, t Colorado Infentry: Lee Judge, Company , Eighieenth New York; W. G. Shakespeare, Company F, and Robert Dick, Company M, First Colorado Infantry. All these cases were tried by a general court-martial convened on board the steamer China, at sea, by order of Brigadier General Greene, dated Headquarters Second Detachment, Philippine Expedition, Steamer China, at Sea, June 18, T838. Under the seven commander of a d of troops shall be competent to appoint a gen- eral court martlal”; and prior to general or- ders No. 21, War Department, August 31, 1864, it was held by this office “‘that where a com- mand not attached to a division, but occupy- ing a separate post or district, or operating separately in the field, was made up of regi- ments or parts of regiments sufficlent to form a brigade, and such as were commonly or might properly be organized into a brigade command, the same might In general be viewed as constituting a separate brigade in the sense of this articie, 1. e., 50 far as to em- power its commander to convene a general court martial.”’ (Digest of Opinions, Judge Ad- vocate General, page 85, paragraph 2.) By the general orders referred to provided that: “‘Where a post or district is composed of mixed troops equivalent to a brigade, the com- manding officer of the department or army will designato it in orders as ‘a separate brigade,’ and a copy of such orders will accompany the proceedings of any general court martial con- vened by such brigade commander. ‘‘“Without such authority, commanders of posts and districts having no brigade organi- zations Will not convene general court mar- tial. Under_this order it was held by this office that “the fact that a district command was composed not of regiments but of detachments merely (which, however, In the number of troops, Were equal to or exceeded two regl- ments), did not preclude its being designated @s a 'separate brigade’ and that when so designated its commander has the same au- thority to convene general court martlal as he would have if the cooumand had_the regular statutory brigade orgmnization. That though a district commang embraced a force consid- erably greater than that of a brigade, as com- monly constituted, yet If not designated by the proper authority 85 a ‘separate brigade, it commanders would be without authority to convene general court martial, unless, indeed, fis command constituted @ separate ‘army in the sense of the sixty-fitth (Now seventy-sec- ond) article.” (Digest of Opinion, Judge Advo- cate General, page 86, aph’3. There is nothing with these records to show that General Greene's detachment has FQ it was lnfi home. hardly possible that General st wh‘o;}ryiduted at the head of his - Mhe Was cons i Unless it was 5o been designated in orders as a “‘separate brigade’ ; but it is understood that it was a detachment made up of parts of brigades of the “‘Independ- ent Division,” as defined in enclosed orders. 1 am of oplnion to assess the damages done the property of Zero Thomas have at last sent in their { report, but it will not be made public be- | fore to-morrow. It is said that the board was unable at first to agree upon the amount of the damage, and that that was the reason why it took such a long time for the formulation of the report. The i)roc(-edlngs in the court-martial case of Private Scruggs of the Tennessee regiment are also in, and will be published to-day. It Is sald that the soldier has been Elven several months’ confinement. He as written a letter to General Miller stat- ing that he wants his case reopened for the reason that at the advice of his coun- sel he pleaded gullty, when he claims that hecis Innlocxn\z{xht. leneral ler yesterday issued - der to all regimental cgmmn.ndezain - structing them to allow all soldiers of the Jewlsh persuasion to have passes and ro. llef from all duty upon the three holidays of their church that occur this month, A detall of one sergeant d vates to take Prlv&tem Bmtelgmcgm- ‘pg,:yG?, Twenutel.itlx Kfinfliu Regiment, to e vernment hosp at was made yesterday. e dac e L THE MEN FROM OREGON. Governor Lord Declares They Are Well Treated. Governor Lord will return to Oregon in a happler frame of mind than that {in which he came here. He again visifed the Oregon recrults yésterday morning, and went among the men and talked to them with the view of ascertalning the exact state of their minds and to find out if they were being well cared for. He learned that they were contented and well pro- vided for, and that they are being prop- erly lookedhatter by their officers. The Governor then made the speech, in which he sald Tl?:t nhe“:?: pleased to have found them so well taken care of and In such excellent condition. He promised to use all the influence in his power to get the men off to Manila to join their iment, or to Honolulu at an. rate. The Governor then sent a dlspatci to Portland, stating that after a th investigation he h{d found out mogrfug 2 exaggerated reports of the men bein ge;f&cugm:.nd sick were not borne ou y_the . Governor Lord returned to the Palace about 2 o'clock In the afternoon, where he was formally called upon by General Miller and his staff. The Governor and aj will be the to-day. will be taken to Fort Point and shown ll.z{ coast_batteries and will then visit the Clff House, ‘The famous old JESSE MOORE WHISKY s recommended by physicians for family and medicinal use because it is pure. The seacoast line of the globe 1s com- puted to be ahouy 135,00 miles. THE SEARCH FOR EVIDENCE HAS ENDED Detectives Ready to Present the Case Against Mrs. Cor- delia Botkin. How One Structure of Facts Has Been Erected Out of the Ruins of Another. An Extradition Muddle. The serfous labor of the police in zath- ering evidence against Mrs. Cordelic Bot- kin is practicaliy over, although the au- thorities still entertain a vague hope that they will be able to supply the missing facts that are so necessary to the com- pletion of their case. Detectives are still making a desultory investigation, but there is neither method nor direction in their work, and if anything new be dis- covered it will be by accident and not the result of design. The Chief of Po- lice is engaged in collecting for presenta- tion to the Governor the testimony he has at his command. The District At- torney is reading what there is of law on the complicated subject of extradi- tion and speculating on what the law does not discuss. When the affidavits of the physiclans and the Coroner of Dover arrive, Governor Budd will listen to the arguments for and agalnst extrudition. As the evidence of the prosecution now stands, it {s-far from being in that con- ditlon which does not suggest a doubt of the accused woman's gullt. There are many missing links In the chain that must establish guilt before conviction may be secured. The authorities have traced many circumstances and de- veloped the existence of many facts that Mrs. Botkin must certainly explaln, but the chain is broken and the background of gullt, upon which it rests, very in- distinct. The police will begin the pre- sentation of their case by showing the illicit relationship that existed between Mrs. Cordelia Botkin and John P. Lun- ning. It will be shown tnat Mrs. Botkin was greatly infatuated with Dunning and jealous enough to make Dunning pelieve that she might do him some injury. He will testify that Mrs. Botkin was jealous of his wife and sought to make him give her up. The anonymous letters written from this city to Mrs. Dunning a year ago will be introduced for a double pur- pose—to connect Mrs. Botkin with the poisoned box of candv and to show that for a year she plunned and schemed to get Mrs. Dunmng out of the way, elther through the divoree court or a more fatal avenue out of life itself. The handwriting expert of the Chief of Police will give his opinion that Mrs. Bot- kin wrote the anonymous letters and the address on the box of candy. John P. Dunning will express the same opinion. It will be shown that Dunning wrote to Mrs. Botkin after his departure from this city and Informed her that he intended to break his relations with aer and re- turn to his neglected wife. All of this will be no more than the preliminary steps in the case, the foundation of probabilities upon which to erect a structure of proof, however strong or weak it may be. The purchase o{ W% ounces of arsenic at the Owl drug store by Mrs. Botkin will be the first important fact directly point- ing toward the accused woman. This pur- chase was made on June 1, and is frankly admitted b Mrs. Botkin. Two months later, ‘the authorities will show that Mrs, Botkin, while ill at Stockton, discussed the eflicacy of arsenic as an agent of death. She jocularly declared at the time that she contemplated suicide. On tne following day srs. Botkin came to this city. The police have attempted to fol- low her movements since then, but have failed to do so. They have traced the box of candy and the handkerchief, but thay cannot prove beyond a doubt that Mrs. Botkin was the purchaser. Two girls, Sylvia Heney and Kate Dett- ner, are sure that the box was bought on the afternoon of July 31, and_they are fairly accurate in describlng Mrs.” Bot- kin as the purchaser. But they cannot identify the accused woman beyond the question of a doubt. At this stage of the presentation of the case of the police a most remarkable and perhaps suspicious condition of affairs will have to be ex- plained by the authorities. It will be remembered that the police announced that the box of candy had been bought at the Wave candy store in Stockton. The clerks deséribed Mrs. Botkin as the urchaser. They told how she looked and ow she acted. They gave a recital of her requests for a special box without the manufacturer’s name. The}' told how she asked the clerk not to fill the box but to leave space for another present. The conclusion was inevitable. The box had been bought at Stockton, and since Mrs. Botkin was in that town at tRe time she, of course, was the purchaser. All that was left was to bring her face to face with the clerks and note her con- sternation as she was Identified and in the {dentification condemned. But in an instant the whole structure of proof crashed to the ground. The box was bought at the establishment of George Haas in this city. ‘The police were forced to begin all over agaln. In bullding the new structure theg‘ used the splintered fr: ents of the old. Fact by fact was duplicated in the two proofs. A woman answering the descrip- tion of Mrs. Botkin had bought a box of candy at Stockton. A woman answering the description of Mrs. Botkin had bought a box of candy from George Haas. 3 purchaser at Stockton had asked that space be left in the box for another pres- ent. The purchaser in San Francisco made the same request. She who ap- peared at the Wave store in Stockton wanted chocolates onlr She who made the purchase in this city made the samo demand. Yet the police admit that the woman who operated in Stockton was not Mrs. Botkin, and knew absolutely nothing of the Dunning tragedy. From the stand- point of e police themselves, two women, with nothing in common, with no mutual plan or purpose, were acting the same scene at the same time in different towns widely separated. Either the clerks at Btockton or the Interesting young ladies employed by George Haas, or per- haps the astute assistants of the Chief, have proved too much. ‘When this suspicious looking bridge has been crossed the prosecution will show that a handkerchief was bought at the City of Paris on the afternoon of August 8, and that Mrs. Botkin cashed a money order in that store on that afternoon. A handkerchief similar to that purchased was _gent in_the box of poisoned candy. In defense Mrs. Botkin will pgobaoly show that there were others in the store that afternoon, and that no one saw her buy such a handkerchief. Another fact of importance that will be established has not_yet been discussed. The police have made the most thorough search of Botkin's effects. The{ have ransacked her apartments, but they have failed to fiud a handkerchief in any way simlar to that which_was sent to the unfortunate women at Dover. It is in this condition that the prosecu- tion must present its case before Gover- nor Budd or before any tribunal com- tent to try Mrs. Botkin for her life. 5‘:- the other hand, the accused woman ed| ly to present the legal argu- “x;enf'a og'y; attorneys have collected against the plea for extradition. When her defense is presented four distinct ele- ments will play a conspicuous part. The gretesque Stockton episode will serve to throw suspicion on the methods of the police. rs. Lena Rothkuff, whose strange story was published exclusively in The Call yesterday, will add another phase of uncertainty, and with the cor- roboration of J. B. Fennessee create a reasonable doubt. The police will then find themselves unable to prove that Mrs. Dunning and Mrs. Deane were mur- dered by eisenic. The bodles of the poi- soner's vicims were embalmed and 1o ‘The wnoll'e‘wg{k; cruel murders, bu af can be carried into court only 1 prescri] "0F o cburge of e Busband ot the murdered woman, John P, Dunning, Chiet Lees does not hesitate to express hig opinfon. Said he: “The man may be a | good fellow and all that, but he has dis- played little inclination to assist in cap- turing his wife's assassin. Hisplace during this case is right hero in San Francisco. Had he been here we would have beer saved an immense amount of unsatisfac- tory work and a great deal of time. I don’t ow Jjust how to explain his apathy. Detectlve McVey said that in case Gov- ernor Budd should allow extradition, Mrs. Botkin need have no fear that her trial In Delaware will be to her disadvantage. The expenses of all of her witnesses to the Eastern court will be met by his State upon a certification by her attor- neys that they are necessary to the de- fense. Everything that can be will be done by the Delaware authorities to as- sure Mrs. Botkin an impartial and un- hampered trial. This assurance of Detec- tive McVey disposes of one idea that has caused Mrs. Botkin a great deal of hard worry, as she has all of the time been under the impression that this expense would be upon her. Mrs. Botkin, however, is quite confident that the State of Delaware will not be put to any transportation expense. Ier spirits are in accord with her health, and her appetite, all of which, according to her faithful sister, Miss Brown, are of the best. She has become accustomed to the curious crowd that each day comes to the grlsun door to see her, and successfully isposed of them by filing with the matron a standing refusal to be exhibited. The question of the extradition of Mrs. Cordelia Botkin, now confined in th= City Prison_and charged with the murder of Mrs. Dunning and Mrs. Deane, is at- tracting the attention of laymen and lawyers throughout the United States. The horror of the crime with which Mrs. Botkin is charged is not the only fact | which makes the case of absorbing inter- est to the people, but the legal questions involved {n the matter of her extradition to the State of Delaware invest it with an additional interest, especlally for the members of the legal rofession. The outcome of the hearing before Governor Budd, which is set for Tuesday next, upon which the question of the extradi- | tion of the prisoner will be elaborately argued, is awaited with much interest. he question of Interstate extradition is not a new one to the jurisprudence of this or, perhaps, any other State in the Union, and there are to be found cases { yery similar to that of Mrs. Botkin and involving the same questions of law. A very Interesting paper on the subject of iInterstate extradition was read Dby Hon. Charles W. Slack, ex-Superfor Judge of this city, before the Young Men's Bar Assoclation of San Francisco In July, 1884. The paper was published in full in Vol. 3 of the West Coast Reporter, and is very complete and exhaustive of the subject of which it treats. It opens with a statement of thle constitutional and stat- utory provisions in the extradition of per- sons charged with crime who flee from Justice. It §s not in the nature of an o;!!nlon on the question, but a statement of the privileges involved and the appli- cation of those principles by State and Federal courts of the United States to the facts of particular cases. All the leading reported cases are cited and discussed, and from the law as laid down by those cases a mind without legal training must come to the conclusion that Mrs. Botkin cannot be extradited. Judge Slack also discusses the question of executive discretion In causing the ar- rest and delivery of the fugitive. It seems from the authorities that the provision in the constitution declaring that “it shall be the duty” of the executive to cause the arrest and delivery of the fugitive is declarative and not mandatory; that it imposes on the executive only a mora: duty, and that this is so because no ‘means are provided to compel the execu- tion of this duty, nor inflict any punish- ment for neglect or refusal on the part of the executive of the State. The issuing of a warrant for the arrest and detention of an alleged fugitive rests in the dis- cretion of the State executive. The next point discussed Is as to the jurisdiction of the courts to inquire into the course of the detectives. It seems that when the executive has once acted. and has issued his warrant, the question may be investigated on habeas corpus whether or not the prisoner is properly detained under the constitution and law of Congress; In other words, the deter- n;lina.flon of a Governor is not conclu- sive. Another interesting point discussed is who are fugitives from justice. It seems from the leading judicial opinions that in order to constitute a person a fugitive from justice such person must have been within the State where the crime was committed and at the time it was com- mitted and have fled therefrom. That a person can be constructively in the State at the time, as has been suggested by the authorities here in the Botkin case, finds no authority in law, and the very reverse has been actually decided. In the case of Louis Reggle, reported in the one hundred and fourteenth vol- ume of United States Reports, the Uni- ted States Supreme Court decided the point which will be raised by the attor- neys for Mrs. Botkin before Governor Budd, Reggle was alleged to be a fugi- tive from justice from Pennsylvania, and upon the requisition of the Governor of that State the Governor of Utah, where he was discovered, issued a warrant for his extradition. Justice Harlan wrote the opinion of the court, and in it said: “The only ques- tion remn.inlns to be considered relates to the alleged want of competent evi- dence before the Governor of Utah at the time he issued the warrant of arrest to Izrove that the appellant (Reggle) was a fugltive from justice from Pennsylva- nia. Undoubtedly the acts of Congress did not impose upon the executive au- thority of the Territory the duty of sur- rendering the appellant, unless it was made to appear in some proper way that he was a fugitive from justice. In other words the appellant was entitled under the acts of Congress to insist upon proof that he was within the demand- ing State at the time he is alleged to have committed the crime charged and subsequently withdrew from her jurisdic- tlon so that he could not be reached by her criminal processes. ““The statute, it Is to be observed, does not prescribe the character of such proof, but that the executive authority of the Territory was not required by the acts of Congress to causc the arrest of ap- pellant and his delivery to the agent ap- pointed by the Governor of Pennsylva- nia without proof of the fact that he was a fugitive from justice, is in our judg- ment clear from the language of " that act. Any other interpretation would lead to the conclusion that the mere requisi- tlon by the executive of the demanding State, accompanied by a copy of an in- dictment or an affidavit before a magis- | trate cartlged to by him to be authentic, charging the accusgd of crime committed within her limits, imposed upon the exec- utive of a State or Territory where the accused is found the duty of surrender- ing him, a.lthoufh he may be satisfied from incontestable proof that the accused had, in fact, never been in the demand- ing State, and therefore could not have been sald to have fled from its justice. ‘Upon the executlve of the State in which the accused is found rests the re- sponsibility of determining in some le mode whether he is a fugitive from the justice of the demanding State. He does not fail In duty if he makes it a condi- tion edent to the surrender of the ac- cused that it be shown to him by compe- tenttrroo! that the actused is, in fact, a iflmstv:t from the justice of the demand- n, e.”” e doctrine here 1aid down by Justice Harlan is amply supported by the de- eh‘l_?nl of the State Supreme courts of the various ADVERTISEMENTS. - (close at 6) to=morrow (blinds down all day) ronday (open at 8) Twenty-first . March, . Waltz, . Overture, . Russtan Mazurka, . Selection, 7 Introducing concert by the Boston Elite Crchestra, Leo Bruck, director. Program (internationale): PART L “The Stars and Stri talienes in A “La Czarina’ “The Geisha™..:.... A grand potpourri from the Comique Opera Suce . “Two Hungarian Dances' PART 1L Medley, “The Rage in Ireland’’ “Come Back Borhoim's March,” Rakes of Mallow, ““Killarnev,” “Sal Johnson Zeller Waldteutel Bratton ‘Wagner Star-Spangled Banner. Celebrated new Jouvin gloves just in, $1.50. Hale's dollar glove—worth more. New hosiery, ribbons, neckwear, cor- sets, handkerchiefs and belts. See our advertisements in Examiner, Call and Bulletin: outline of fashions in millinery and costumes. Grand fall opening inall departments, especially millinery and woolen and-silk dress goods, trimmings, neckwear and art fancies. Strong attractions. (Frisco’s most progressive dry-goods house.) 937-939-941-943-945-047 Market Street. m_ Carolina reports, Justice Avery of that State said: “Our statute confers nq power to de- tain in custody or to surrender at the de- mand of the executive of another State any person who does not fall within the definition of a fugitive from justice, ac- cording to the interpretation given by the courts of the United States to the clause of the Federal constitution providing for interstate extradition and the act of Con- gress passed in pursuance of it. The only question before us is -whether a person can, in contemplation of law, flee from justice in the State of Tennessee, when e has never been actually but only con- structively within its territorial limits. “Upon this question there is abundant authority, emanating not only from the foremost text writers and some of the ablest Jjurists of the most respectable State courts, but from the Supreme Court of the United States, whose peculiar province it is to declare what interpreta- tion shall be given to the Federal consti- tution and the statutes enacted by Con- gress in pursuance of its provisions, which are declared by that instrument to be the supreme law of the land. “If we can surrender, under our statute, only fugitives within the meaning of the act of Congress, it would seem sufficient to cite ex parte Reggle, 114 U. S., 5 where It is held that a person arrested as a fugitive has a right to insist upon proof that he was within the demanding State at the time he is alleged to have com- mitted the crime charged and subse- quently withdrew from her jurisdiction, s0 that he could not be reached by her criminal process. “Tt is admitted that the prisoners have never withdrawn from the jurisdiction of the courts of Tennessee, and have never been, either at the time when the homi- cide was committed or since, exposed to arrest under process issuing from them. s 5 hol&,that a person who is liable to indictment only by reason of his con- structive presence s a fugitive from jus- tice of a State within whose limits he has never gone since the commission of the offense involves as great an error as to maintain that one who has stood still and never ventured within reach of another has fled from him to avold injury. One who has never fled cannot be a fugitive.” States. In the of Stat to_participate in the closing scen A,m‘l{!flm_a_a _'vtmfwvc"xl Tge complimentary ball, LEES ON THE ANXIOUS SEAT The Chief Tries to Secure New Evidence. Vainly Endeavors to Use Mrs. Bot- kin to Support His Case—Drill- ing the Witnesses. Chief Lees has made two or three fu- tile attempts to get a new statement from Mrs. Botkin, but she declined to answer any further questions. The Chief desired to get her admission that she bought arsenic at the Owl drugstore, but the ac- cused woman referred him to her law- er. yThe Chief and the acting District Attor- ney devoted the forenoon of yesterday to completing and arranging the evidence which is to be submitted to Governor Budd on Tuesday. Miss Livernash, the Healdsburg newspaper woman who inter- viewed Mrs. Botkin and also accompanied her when she went to Stockton, made a lengthy statement to the Chief. Affidavits of all the witnesses are now prepared, and all that remains to be done is to glve the candy-store clerk another opportunity to identify the alleged poi- soner. Thursday evening Mrs. Botkin was requested to don her street attire and ap- pear before Miss Heney. She refused point blank, and the clerks will probably not see the woman they think bought the fatal box of chocolates until shg is m\;en Governor. Last Tuesday, when l:)'::g.r eBtglt?(ln was in Judge Cook’s court, the candy clerks were there and saw her, but they could not swear she was the person who purchased the pink box, and, | as this is a vmt‘l oint in the prosecution, iss Heney an adttsesmpte x:.oyreccg'nlu some characteristic which will enable them to state posi- tively that Mrs. Botkin is the strange customer they waited upon on July 31, Mrs. Rauorldwu n}t‘ pol Xgethead%usxgrit‘fgi este! g er .statement, T) ?x‘;lsdiy hada{een transcribed from the stenographic notes, and the nurse read and signed it. TO PLAY “HOME, SWEET HOME.” Irish Faiy Will Be Brought to a Close After Three Weeks of Marked Success. Admission day was duly celebrated at the Irish fair yesterday. The attendance was unusually large, both afternoon and evening. The exposition proper will be brought to a close to-night and with the last notes of “Home, Sweet Home"” the fair will be but a pleasant memorlyA It has been a success beyond all expec- tations, made ?oulhle by the unselfish de- votion of the Irish men and women who have contributed so much of their time and energy to the work involved in its arrangement and management. Bandmaster George Bennett and all others*who have contributed to the enter- tainment of visitors, have arranged elab- orate proj es for to-night. The dresses and the cheeks of the pretty girls in the booths have lost none of their freshness and all will be on hand to-night es. ered the iss Dettner will again | ladies who have been prominent in the movement for an Irish Hall, will be held in_the Pavilion Tuesday evening. pRuri Lo, sale of Irish Soil to-night McGlade will sing th Handful of Bartn» © e e ballad, A ————— What Is Graphology? Character delineations by handwriting are among the most marvelous things of the day, and probably throughout the United States there is no one so adept in the science as Town Talk's graphologist, whose fame is not confined to local limits. This week's lssue contains a page of graphological delineations. The number's contents include: Saunterer stories about Tom O'Brien, H. T. Gage, Jack Casserly, Fred Esola and others; editorials on war aftermath, the Botkin case and other live topics; stage and music reviews: po traits of Mr. and Mrs. Frank Willey, Mod- Jeska, George Probert, Lieute: and others; “The Mislaid. Babes taCs s Baby,” by J. Reed Dickinson; poems by Dr. D Anpa Morrison Reed and othoers. 2 8g" —_—————— Mexican Independence Day. The eighty-eighth anniversary of the in- dependence of Mexico will be celebrated by a grand concert and ball under the aus- pices of the Sociedad de Senoras Mexi- canas Beneficencia Mutua, Friday evening next at Union Square Hall. The pro- gramme includes the reading of the Dec- laration of Independence, oration in Span- ish by Sr. Carmen Jimenez, oration in En- glish bg A. Campbell Jr., solos by Mme. llen Coursen-Roeckel, and many other Interesting features. The ladies in charge of the affair are Mrs. E. S. de Elorduy, Mrs. L. Gosch, Mrs. C. Davalos, Mrs. B, Andrade, Mrs.’M. Pilla, Mrs. C. Pillalon Mrs, T. Gomez, Mrs. C. Duarte, and Mr. C. Cisnero 3 —_——— AMERICANS BID ON GLASGOW CONTRACTS. Some weeks ago the Glasgow corpo- ration invited tenders for the supply of 1000 tons of cast iron pipes. The two lowest offers came from the United States, but as the castings were want- ed in nine-feet lengths, and those speci- fied by the Americans were twelve feet long, revised estimates were asked for, and the amounts of the several quota- tions made known. The amended of- fers were opened yesterday, and an American firm again asks less than any of the others. As there are over 200 iron founders in Glasgow and most of them deal in pipes, the committee in charge of the contract decided to leave the matter over for further considera- tion.—Pall Mall Gazette. g —_—— Try the “Koh-I-Noor” lead pencil and you will have no further use for others. ¢ —_—— ““We have parted,” said the girl with the high brow. “You don’t mean it?” “Yes; it had to be. He developed a flippancy I had never before suspected. He spoke of—cf—er—the author of ‘Quo Vadis’ as ‘Snickelfritz.’ " PUT THE MONEY S>%y IN BANK. WE HAVE suck confidence in our methods and remedies for restoring partial or com- plete loss of vital power, end curing contracted allments, that we are willing to have the price WX for a cure deposited In Established 17 Years. any bank, or with any reputable business man in San Francisco, when treatment is commenced. If a sctisfactory cure is not made in & given time, the amount to be returned to the patient. If the patient admits that he 1s cured the money is to be paid to us. No other reputable physicians have ever made such an offer to the affiicted, and we could not afford to do so if we were not convinced, after seventeen years' experience, tiat we have the abllity to make positive, quick and permanent cures. Nervous Debillty' and its attendant em- barrassments, Contaglous Blood Poison and gther contracted ailments are included in this offer. If you want a new lease of life, we can give it to you. If you want to sleep sound and to feel active, strong, full'of vim, vigor and ambi- tion, ‘test our incomparable methods and reme- dies. The experiment will cost you nothing un- less we do all that we claim to. DANGEROUS SYMPTOMS. Confusion of ideas, nervousness, sleeplessness, absent-mindedness, pain in the back, loss of am- bition, drowsiness after meals, ‘loss of flesh, bashfulness, dizziness, palpitation of the heart and many others of which victims are well aware. HOME CURES. FREE CONSULTATION. If you cannot come to San Francisco or call on a part of our staff when they make thelr regular monthly visits to interfor towns, write for private books, for men only, treatise on dis- gases and weakness of men, question Usts, etc., ree. : DR. MEYERS & CO,, 731 Market Street, San Francisco, All dealings and correspondence with patie sacredly confidential. Dot 1y Hours—$ to 12, 1 to 5, dally; evenings, 7 - 9 to 1L Take elevator. bl