The San Francisco Call. Newspaper, December 6, 1898, Page 15

1% THE SAN FRANCISCO CALL, "l‘UE DAY, DECEMBER 6, 1898. LL IS READY FOR THE BOTKIN TRIAL A Number of Witnesses in the Case From Delaware Arrive With Detective McVey. John P. Dunning Will Give the Prosecution All the Assistance in His Power—Defense Expects an Acquittal—Mrs. Botkin in Court. ®C PEEEEEOOOO® ® ® need feel alarmed. ® HE selection of a ju Botkin is a modern Borgia or an in- n will begin this morn- » Judge Carroll Cook's court. The s are here to testify an accused of poisoning . Dunning and Mrs. J. D. Deane. for yesterday, but court out of 10 a. m. to-d »r the late Judge Borden, whose was held in the afternoon. Mrs. rs. Dunning. n P. Dun 1r- st him h been printed from of the cou v to the other, and is indifferent to comment which made. Dunning did not arrive other Eastern witnesses. He came from Chicago by the Central route, while the others came from Delaware by The Delaware witnesses reached the city at 4:45 last evening, and are now quartered at the Grand Hotel. They were ADVERTISEMENTS. SKIN TORTURED BABIES AND TIRED MOTHERS Find instant relief, rest and [sleep in a warm bath with uticury SOAP « and a single anointing with CU- TICURA, purest of emollients and greatest of skin cures. This is the most speedy, perma- nent and economical treatment for torturing, disfiguring, itch- ing, burning, bleeding, scaly, crusted and pimply skin, and scalp humors of infants and children, with loss of hair. ir Warm shampoos with Saye¥our Haic CUTICURA SOAP, fol- lowed by light dressings with Cuticura, pur- est of emollient skin cures, will clear the scalp and hair of crusts, scales and dandruff, soothe irritated and itching surfaces, stimulate the hair follicles, supply the roots with energy and nourishment, and thus produce luxuriant hair, with clean, wholesome scalp. Sola throughout the world. Price, CUTICURA SOAP, 2%c. CUTICURA (ointment) Soc. POT- TER DRUG & CHEM. CORP., Sole Props., Boston. British Depot, 1 King Edward st., London. Depot Francals, 113 Faubourg St. Honore, Paris. Send for *“Face, Hands and Halr" book mailed free. decide whether or not Mrs. Cordela | After a futile effort to extradite Mrs. Cordelia Botkin, accused of sending a box of poisoned bonbons to Dover, Del,, which caused the death of two women, the authorities of California and Delaware, in order that justice may be done, have united to prosecute the de- fendant under the statutes of this State. This case, which is witnout a parallel in criminal jurisprudence, has attracted world-wide at- tention, first because of the enormity of the crime and second be- cause of the possibility that a person may commit a dastardly mur- der and escape punishment because of a defect in our criminal laws. The trial of the accused woman is about to begin, but if the jury finds for conviction the jurisdiction of California will be denied, and the question carried to the Supreme Court for determination. The defense, relying upon the weakness of the prosecution, has not seen fit to raise this point until all evidence against the defendant has been submitted and passed upon by the jury. Beyond tae legal technicalities the public has a deeper and an anxious interest in this celebrated case. A murderer sent an agency of death through the mails from this city and it accomplished its fiendish errand, and if it be proved that Mrs. Botkin posted the package and yet can es- capé punishment, every person having a known or unknown enemy which is to | due here Sunday, but will be tried first for the murdcrv clares that everything that could be | | be cc | he started. @@@@@@@@@@@@@@Q‘©®@@©@ their train was | wrecked at Jennings, N. M., which caused a d y of twenty-seven hours. All the party are in excellent health, though soméwhat fatigued by the long journey. The witnesses are:; Ex-Congressman John B. Pennington, father of the victims; Joshua D. Deane, husband of one of the murdered women, and his motherless daughter, Leila; Miss Josephiné Bateman, Who ate some of the deadly bonbons and narrowly escaped the fate of Mrs. Deane and her sister; Ethel J. Millington, niece of the dead women, who was also made | ting the ‘arsenic-laden candys; | nnington, a nephew who carried al package from the postoffice to | aunt; Drs. P. L. Downs and L. A. H. | oD, Who sought with all their skill , thwart the fiend’s purpose; Dr. T. R. Wolf, State Chemist of Delaware, who | found enough arsenic in the candy to kill | a dozen persons; Postmaster Gooden of Dover and Attorney Generat R. C. White, | Who comes to assist in the prosecution of | the alleged murderess. The party left \!\flmmmun last Tuesday evening under x\u_- care of ate Detective Bernard J. Mc who came here several weeks ago to take Mrs. Botkin back to Delaware but could not secure her extradition. nh'i"‘rw“w l}dr(.ih.\-nn met the witnesses a acy and To; e egTa Poteracy, and from there telegraphed for @ 2 ns_for the entire par- ty. Chief of Police Lees and A lld‘nl\ District Attorney Hosmer met them at the erry On their arrival at this side the 2 ¢ taken to the astern witnesses s Y the Prosecutin, that he may _familiarize every detail of the testimony they at the trial. L night Mr. Hosmer, t General White and | ey went over the case in a and when the taking of tes- timony begins they will be prepared to present the strongest case possible, When the party left Delaware ex-Con- gressman Pennington, who is well along in Was 1ot in the best of health and | clatives and friends feared the trip and its attendant worry would be too | great a strain upon his strength. Fortu- ly his indisposition was only tempo- and he reached the end of the jour- ney in better health and spirits than when it Mr. Pennington did not care to discuss the terrible fate of his daugh- ters or the purpose of his visit here. - 1o was deeply, interested, however, in learn- ing all he could about Mrs. Botkin, where she was imprisoned, her appearance, and the proceedings in court yesterday. The few expressions he made on the case indi- cate that he believes the accused woman is guilty and he hones to see her convict- . He is famillar with the penal statutes of California and can see no reason why a speedy trial should not be had and exact justice meted to the defendant. J. D. Deane, whose grief over the terri- ble death of his wife is undiminished, ex- pressed himself with extreme biiterness, ‘‘We all feel bitterly over this case and think the murderess of my wife and her sister should have been sent to Delaware for trial. “We all want to get through with the case and return home as quickly as possi- ble. Drs. Bishop and Downs have laft their practice; Attorney General White had to turn his official and private affairs over to others and Dr. Wolf is forced to neglect his duties while out here. We hope the trial will not be delayed and that we can start homeward in ten days or two weeks, at the farthest.” John P. Dunning, whose wife is believed to have been the particular object of the alleged murderess’ hate, has come pre- pared to be roasted by Mrs. Botkin’s at- torneys and by the newspapers. He said last night: “I am here to give testimony in court and not to the news- apers. I have been in the newspaper usiness a great many years and often criticized people whom I belleved ought to have talked for publication; but I know how it is, and even here among my friends, the men I worked with, I shail not give the substance of my evidence until I am on the witness stand. Then I shall tell all and the lawyer and the news- %zpers cansay what they please about me. verything evil that could be said has been printed from here to New York, and I am calloused to further attacks. I have :1;;1 gone to the devil and I am not going ere.” ““When I left here last March I admit I was in a bad way, but I went to New York to get a fresh start. From there I went to Havana, where I was the Asso- clated Press correspondent prior to the war. When hostilities were opened I went to Santiago and was all through the campaign and took as many chances as any correspondent. I underwent terrific ordeals and was working to recover my former standing and was successful. My only desire was to return to New York, have my family with me and again be happy. This desire was all but_fulfilled, when my wife was murdered. When the news reached me I was in Porto Rico. I returned home immediately. I went to Delaware and told the authorities every- thing I knew which had any bearing on the crime. Since August I have had sev- eral good offers to return to Cuba, but Y refused in order that I might come here when needed and not be accused of at- tempting to shield a criminal ‘with whom I had been formerly associated. It is true I wrote to Mrs. Botkin, but the ulted y his_re i i f\\\:' ME.J'BPEN IN E\To “HARRY ‘LeiLA DEAR A ETHEL MIUJNGTN_‘- Penninaton Ans MR U DEAN CROSSED THE CONTINENT TO TESTIFY AGAINST MRS. Delaware Witnesses in the Dover Poiso ug Cas: Arrive in Time for the Trial of Begins To-Day. i i CORDELIA BOTKIN. the Accused Woman, Which who, had been summoned as jurors and a large number of curious individuals, who craned their necks to get a_glimpse of the now famous prisoner. When M Botkin and ‘her faithful sister, Dora Brown, ed through the corridors from the Sheriff’s office to the court r ran a gauntlet of inquisitive e neither was -embarrassed or perturb the least. The defendant took a se: ing his Honor and beside her a. counsel, Messrs, McGowan and W 3 George Knight, chief counsel for the de- fense, was not In court, as he knew the adjournment s to occur. Mr. Botkin was not present at the pro- ceedings yesterday. All the witnesses were used until to-morrow. Attorney Knight is confident that his client will be acquitted. He declares no delays_will be asked and that the de- fense is anxious for a speedy trial. He outlined Mrs. Botkin's defense in a few words vesterday, saying: “The defense will combat the corpus de- lictl. The prosecution cannot establish a case and the defendant will be acquitted. All the witnesses from Delaware and ali those here cannot prove that Mrs, Dun- ning and her sister died from arsenical poisoning. The doctor may testify that the ante-mortem symptoms were Similar to those where arsenic has been adminis- tered, but their opinion won't hang any one. 'They can't prove the charge. As for the handwriting, we won't pay much attention to that. The testimony of ex- perts doesn’t amount to much.and espe- cially when it comes to convicting a woman of murder. The whole case of the prosecution is flimsy and the taxpavers should never have been put to the $30,000 or 340,000 expense to try a case which must fail. ‘The defense will not obstruct prog- ress in securing a jury. We will be satis- fied with any twelve ordinarily intelligent citizens.” Judge Cook and Attorneys Hosmer and Knight think the trial will not last over ten days. OFFICERS FOR THE NEXT TERM Choice by Members of Fraternities. Inter Nos Circle, Companions of the Forest of America, has elected the following named officers for the ensuing term: Miss Emma Oakes, C. C.; Mrs, Sophle Coyle, S..C. C.; Mrs. Emma Harrington, F. S.; Mrs. Lizzle Meyers, Henry Coyle, R. S.; Miss Kate Magee, R. Miss Margaret Joseph, L. G.; Miss Ma- lone, I G.; M. Erritt, O. G.; Miss Rothberg, organist; M. Johnson, trustee for two years; Mrs. Mollle Roses, trustee for one year. Court Seal Rock, Foresters of America, has chosen as officers for the ensuing term the following: J. F. Arndt, C. R.; E. W. 8.C. R; F. F. §.; H. s, . 8. B.: J. Ryan, J. B.; L. V. tee; Dr. A. K. Hap‘persbeger. physician. Heenan, grand junior wo John ward, will officially visit this court on next Thursday night. Golden Gate Camp of the Woodmen of the World has elected the following named as officers for the ensuing term: Charles W. Bell, P. C. C.; A. J. Weinert, F. T. Phelps, A. L; Richard Fahy, B.; D. J. Oliver Jr., C.: T. F. Quindon, E.; J. B Blackall, W.; David Brown, S.; J. H. Herrold, M. Valley Lodge of the Ancient Order of United ‘Workmen has elected the following named as 0 officers for the ensuing term: J. C. Sharp, AW 5. Thurston, F.; J. H. P. Gedge! Bullivant, I W.} H. Smith, e ISAAC S. BELCHER'S WILL. The Bulk of the Decedent’s Estate Bequeathed His Widow. The will of the late Supreme Court Commissioner, Isaac S. Belcher, was filed for probate yesterday. The instrument is olographic and bears date of August 9, 1898. The testator bequeaths each of his charge, by innuendo, that T in any way conspired to murder my wifz is the gross- est injustice that could be done any man. I am subject to criticism, I know, but I am not going to let that deter me from laying bare the worst chapter in my whole life. I want the murderer of my wife punished.” Mrs. Botkin appearsd in Judge Cook’s court yesterday neatly attired in a close- fitting black suit, with a new black hat and heavy vell. Her manner did not in any way indicate that she was nervous or apprehensive as to the result of the trial which may condemn her as a double mur- deress. She trusts in her attorneys’ as- surance that she will be acquitted. Im- mediately after court was called Judge Cook announced that an adjournment until this morning would be taken in re- spect to the late Judge Borden, whose funeral service was to be held in the afternoon. The attorneys made no_ ob- jection to the adjournment, and his Honor then ordered a rollcall of the special venire of 150 talesmen, from whom twelve Jurors are to be drawn. The court room was filled with citizens children—Martha B. - Cooley, Richard Belcher, Willlam J. Belcher and Robert Belcher—the sum of $100. The residue of the estate is bequeathed to Adeline N. Belcher, widow of the deceased. The estate of the decedent consists of real and personal property in this city, Yuba, Sutter, Butte, Glenn and Colusa counties, of unknown values. Mrs. Belcher is named in the will as executrix, to serve without bonds. ——————— Hearst Libel Suit. The argument of counsel in the libel suit of Claus Spreckels against W. R. Hearst of the Examiner was by consent continued in Judge Mogan’s court yester- day till December 10 at 11 o’clock. —_—————— Federal Grand Jury Impaneled. The following Federal Grand Jury was impaneled yesterday morning by United States District Judgé de Haven: Nathan Bibo, C. 8. Benedict, Clarence W. Coburn, N. P. Cole, L. C. Cnoplus, Horace Davis, George W. Gerhard, John L. Jr., Isaac Upham, C. M. Volkman, Francis | pose of completing organization. Haskell, H. | L. Whitney, Duane Ballard, John Hews- Ve Keenan, F. W. Marvin, I lerle, | ton Jr., Frank S. Kelly and M. Kahn. Henry S. Manheim, A. allies, . Al Mr. Upham was appointed foreman by Steffens, 'd A. Selfridge, Tillman | the court and the jury retired for the pur- HE HAS LAID ASIDE Cavalry, Presidio, Yesterday Afternoon. IRST LIEUTENANT JAMES E. NOLAN, Troop I, Fourth United States Cavalry, died at the Presidio at 5:30 o’clock yesterday after- noon of pneumonia, after an illness of four and a half days. In his death the regular army loses a loyal, brave and trusted soldier. Lieu- tenant Nolan was one of the most popular officers in the army, and he had a host of friends, to whom his death meant a personal loss, for he was a generous, true and kind friend, an efficient and capable officer and an af- fectionate husband and father. He was a man who held his friends by the nobleness of his character and the gentleness of his personality. In speak- ing of him last night, one of his brother officers said: ‘James. Nolan was a man you could always count on. He was, like Chevalier Bayard, a sol- dier sans peur et sans reproche.” % About two months ago Lieutenant Nolan contracted a severe case of bronchitis, and while he apparently recovered, he never entirely regained his health. He was advised by his friends to go to Arizona, but refused to leave his duties. Last Wednesday night he. with some of his brother officers, attended the performance of “Secret Service.” The next morning he was so unwell that Dr. McGettigan was sent for. Realizing the serious symptoms of pneumonia, Dr. McGettigan refused to allow Lieutenant Nolan to get up. He continued to grow worse, and although he made a brave fight for life, his tired spirit quietly slipped away yesterday after- noon shortly after retreat. In fact, hardly had the flag he loved so well been lowered and furled for the night before the soul of the brave sol- dier was at rest. Drs. Kerr and McGettigan were with Lieutenant Nolan when he died, as was also his wife. Lieutenant Nolan was a native of Wisconsin, about 38 years of age. He was appointed to the Military Academy in 1882, and graduated four* years later, being assigned to the Fourth Cavalry, with which regiment he served continuously until the time of his death. In July, 1893, he was made first lieutenant and transferred to the Tenth Cavalry, but never joined it, and was transferred back to the Fourth. He came here about eight years ago with his regiment. His first service was in Arizona. When the war broke out Lieutenant Nolan organized M Troop, now commanded by Lieutenant Lockwood. Lieutenant Nolan was regimental quarter- master. He was considered one of the best officers-in the field that ever wore a uniform, and his great executive ability was recognized by his su- periors as well as those under his command. He married a Miss Kimball of Chicago, and is survived by her and three small children. His funeral will take place to-morrow. His body will be intered in the Presidio Ceme- tery with full military honors. . 00000000000 0000000000000000000000 C0000COCCO0OO0O0CO000CCO0000000T00000C0000 HIS SWORD FOREVER Sudden Death of LIEUTENANT JAMES E. NOLAN, Fourth o000 (] ] CCOOCOO000000CO0000000000CCCOO00C00000 L are coming forwart ADVERTISEMENTS. Boys’ suits double-breasted coats extra heavy five mixed colors knee pants one blue regularly $3.50 $3.75 and $4 marked down to $2.65 Boys’ suits are right, here, just as right as the men’s clothes. We.are builders; the foundation is the boys’ trade. That soon grows into men’s trade. We're very care- ful what we sell boys. Boys'’ Ulsters for ages 8 to 16 regularly $5 and $6 marked down to $4.45 Roos Bros. Kearny and Post CEOTHES, the good sort-— the kind we sell; made by Brokaw Bros and Rogers, Peet & Co. New York’s best tai- lors Of ‘course we’ll save you about one-third on the San Francisco tai- lors’ prices full dress prince albert livery butlers’ suits tuxedo cutaway trousers groom’s suits Made of the best imported and domestic cloths Overcoats to match these clothes must be good. We have them in the latest fashions $20 to $55 Roos Bros. Kearny and Post MAJOR MOORE DECLINES T0 MAKE DENIAL He Refuses to Discuss His Love Affairs. TREASURY AGENT IN TROUBLE HIS TYPEWRITER ADMITS THE CALL’S STORY IS TRUE. Collector Jackson Expects to Be Or- dered to Make an Investigation. Another Victim Not a ‘“ypewriter. Major Horace A. Moore, special agent of the Treasury, with a too-demonstrative admiration for his stenographer, was not receiving callers yesterday with that cor- diality that formerly was -aaracteristic of the major. In fact, he was not receiv- ing anybody except such Federal officials as found it necessary to visit him on de- partment matters. The exposure in “osterday’s Call of the major's moral shortcomings had given that venerable lothario a fearful shock, and he kept the door leading to his pri- vate office tightly closed all d where Dbefore it always stood invit- ingly open. When newspaner men sought to obtain a statement from him regarding the charges that have gone on to Was ington, the major sent word to them his assistant that he had nothing to v at present, and when a note was sent in to him asking if he would deny the charges, he sent back an answer that at the proper time he would make his state- ment, practically admitting that he knew the charges had gone on to Washington and that he expected to be called to ac- count by the Treasury officials. The young lady typewriter who was subjected to his insults remained pluckily at her post in the outer office, and though naturally dreading the unpleasant noto- riety, frankly admitted that the charges as outlined in The Call were true, and that they had been forwarued to Wash- ington. Acting on the advice of her friends she had determined to retain her position, and if the department ordered an investigation of .uajor Moore's con- duct she would unhesitatingly give her testimony as to his outrageous conduet. She corrected the statement that Rolla V. Watt had helped her to secure her ap- pointment, although she said she had met Mr. Watt and was intimately acquainted with his relatives. Every employe of the Federal Govern- ment in the city, from heads of depart- ments to janitors choried over the ex- osure of Major Moore’s misconduct, for gls actions have been notorious to all of them,-and even this latest instance has been gossiped by them for some days. Col- lector John P. Jackson was in unusually good humor when seen yesterday. and al- though he declined to say anything what- ever about the matter. or even acknowl- edge that he was aware that formal charges had been preferred against Moore, he explained that if the Treasury Department should order an investigation he would probably be the one selected to conduct it, consequently it would be mani- festly improper to wiscuss the matter at all. Rolla V. Watt worked himself into a temper when asked to throw some light on the charges and denied that he knew anything about them or had ever heard of the young lady in question, a statement that party flatly contradicted when she said she had met Mr. Watt. Then, al- though protesting that he would say abso- lutely nothing for publication, Mr. Watt admitted that he knew Major Moore quite well, and close questioning brought out the admission that he had heard stories of the major's improper conduct, but had never paid any attention to them, nor had he discussed them with the major. Meanwhile the “Federal Brigade” con- tinued to chortle over the major's down- fall, for the major’s friends in the red brick building ‘are not numbered by scores. Moreover the evidence against the ma- Jjor is piling up. It appears that his fancy turned lightly to others than typewriters, Now that The Call has done public ser- vice in mn.klnguknown the nature of these official cl es, the hitherto timid with. storles that are | | s2000 strongly corroborative of the major's al- leged little ways. Not long ago a public official was charged with a serious offense, but after investigation by Major Moore was exonerated. In the accused official's de- fense there testified his wife, a young buxom lady, upon whom the ‘major After the investigation he would like to inter- lady in priva; fair witness rogate the her husband the appointment, but was horrified when the major locked the door and proposed cer- ger to help kept the tain terms which she construed to be tne price of her husband’s ex- oneration. With extreme. difficulty she escaped, but although the evi- dence against her husband was too weak to convict him, she was not allowed to elude the discriminating eye of the secret service agent. For months she was fol- lowed and importuned by Major Moore, who tempted her with invitations of lit- tle dinners by the sea and other delights, but all without avail. The fair wif scorned to yield to the advances of th man mean enough to_take advantage of bis official position and she only confessed the cruel persecution in the satisfactiorg. Inspired by The Call's expose of similas charges against Major Moore. ALL TO THE CHURCH. James Gaffney Disposes by Will of His $19,000 Estate. The will of James Gaffney, who died on the 24th ult., was filed for probate yester- day. The decedent left cash on deposit in various banks in this city amounting to $19,000, all of which is bequeathed to the cause of religion. Following are the be- quests: To the Roman Catholic Orphan _Asylum, $1000; to the mother superior of the Presenta- tion Convent on Powell street, $1000; to the sis- ters of Mount St. Joseph’s Orphan Asylum, $2000; to Thomas, James and FEugene Debard, nephews, $1000 each; to Benjamin Debard, to_the pastor of the Roman Catholic parish_churgh at Inniskeel, County Donegal, ) Irelan o Rev. Thomas Caraher, pastor of St. Francis' Church, $5000; to the Youths® Directory, $500; to Rev. Father Wyman, s perior of the Paulist Fathers in San ¥ cisco, $500; to the Sisters of the Holy Fa ily in San Francisco, $1000, to be expended the relief of the poor; to Most E P. V Riordan, Archbishop of San Francisco, $600 to Rev. Maximilian Neuman, superior of the Franciscan Fathers, $500; to Rev. Father John E. Cottle, pastor of St. Bri Church, $500. The residue of the estate is devised to the pastor of St. Francis church in this city. ——— Primary Election Law. The General Conference Committee of the Democratic, Republican and Non-Par- tisan parties held a meeting last night in the rooms of the Union League Club to consider the question of a primary elec- tion law. F. S. Stratton and T. Carl Spelling were on hand to champion the cause of the respective bills which they have drafted to meet the exigencies of a primary election. M. M. Estee occupied the chair. There was much discussion in regard to the sections embodied in the two measures, but nothing was done ex- cept to refer the whole matter to a sub- committee consisting of M. M. Estee, A. Ruef, T. Carl Spelling, Senator F. Stratton, Charles Gildea, A. G. Booth, W 1. Brobeck, W. M. Cannon and E. J. Rey- olds, secretary. They will meet in the offices of F. 8. Stratton in the Crocker building on next Wednesday evening. ADVERTISEMENTS. w Beautiful HOLIDAY GOODS Pictures, Statuary, Vases, Ornaments, French and Dresden Cabinets, Onyx Pedestals and Tables, Lamps, Art Novelties, Fine Crockery and Glassware S. & G.GUMP 113 Geary St.