The San Francisco Call. Newspaper, December 14, 1898, Page 4

THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 14, 1898. INSTRUMENTS OF THE POISONERS MALICE ARE LEGALLY TRACED TO THIS CITY tained was sent from this eity to Dover. | worn in J. C. Mulligan, who would act in | frg = RaReRaPuPugn d\f:;;r the victims of the murderer were l(lis ;srl]ead. Jghn }é' hennlngton wuiul‘l}ed] 5 ead the instruments of de; 0 e stand an is crot examination b . o |lectea ana'given into the was Cniliica b adtomes kot o ;| o JURISDICTION OF THE SUPERIOR 5 | State officers of Delawar defense. The witness was on the stand | o | related on th d how th but a few minutes, the questions asked . The Pr osecution of Mrs. Cordella secompimhes SR Atlorn COURT REMAINS UNDECIDED | Delaware told hdw he rece of candy containing the deadly poison. He o soned a testified that he had never examined the . 2 CVL ate detect h;mluvn_ closely, in fact had never touched o & : .eived the | them. T} ] ! : : Ot ln flas eac ed a rltl' Tried th (v-\‘ ac | RREGULARITIES inherent in the mode of procedure have resulted in the denial b{ the Surv.rcrr}e Cu}_nr & Chief of | of the application made by W. L. Harper for a writ of prohibition to prevent Judge Cook continuing with & consideration of the Supreme & a terrible o to follow them from D y. It is now their purpose to pre. sent their evidence Botkin and to show as far as their evidence will | permit that it she who prepared fne box of poisoned candy and sent it from v through the m st witn h n B. urdered wo: ss-examinati nothing cal Stage. d yesterday ther lied fo resuited cution eli Ir Pe m Physicians Tell a Dramatic Story of the Murder of the Two Women. ited nnington the de Deane may have been killed by a servant. Penn gton was followed on the wit S s . R , the family | ician who .’ Deane and s. Dunning ssity. Dr. The prosecutors of Mrs. Cordelia Botkin | hundreds of men and women inevitably are proceeding slowly, cleverly and delib- | turned toward the little dark-eyed, dark- | 5o hwat Yharp. precise . t w erately in the presentation of the facts |skinned woman who is accused of the |t came to the cross.examination of A that they believe will prove the accused 'crime. Mrs, Botkin endured ordeal | torney Knight the physician fell by the | | attend thei v all the time, except when er had it during the progress of | st | to M Hosmer of the prosecu- aid the Coroner had the an _hour. He so testified that ington was not ill and that he In reply ticn the witness box but N had never had any trouble with his em- Mr. Hosmer tr to trace the | third anonymous lett witness only | knew what his daughter had told him | about it,"and upon Mr. Knight's objec- | tion this ruled out. Mr. Hosmer stated t he believed the information | material to the case, and he r i the right to recall witness later. Upon th this he use was r granted per- ¢ courtroom, ;i Bishop, the physician who | ed the two murd men during | ir jllness, next took and. He | testifled that he was a g ate of Penn- { lvania College, and had been practicing | since . He had been called | on the morning of August 10 to attend | M Dunning and Mrs. Deane at _the | e He saw Mrs. | uffering more ght objected to | Deane, saying | vith the murder Dunning. The objection was over- and the question was e doctor described the symptoms of his | yome of the F were & tered upon the records. of the petition sufficing. The denia hibition could not properly be consi CUOVOVGOOIOVVOOVVOB VXU Sar o the trial of Mrs. Cordelia Botkin. portion of the subject. matter of the case. c still remain undecided, and will not be decided until properly placed before the Supreme Court for consideration. Monday, notwithstanding By reason of the denial of this petition a question of vital importance in the trial of Mrs. Botkin, and one of consuming interest to the bar and hosts of laymen, remains unde tion of the Superior Court to try Mrs. Botkin, and the validity and scope of section 27 of the Penal Code, un- der which the trial of the alleged poisoner is being had. “No written opinion was handed down in the denial of the petition presented by Justice Van Fleet last evening, “by reason that the matter was not one requiring an opinion, a simple denial , decides or affects the jurisdiction of the court before which Mrs. Botkin is now being tried. Neither does it determine the scope of section 27 of the Penal Code, under, which the trial is being had. “The petition was dénied by reason of irregularities inherent in the mode of procedure pursued by the pe- titioner to determine the jurisdiction of the court in the prem 1 of the petition in no way determine es. idered by the court, as it was not and co For these reasons the points on The petition was presented for the : Court several days ago, but, through some misunderstanding, it could not be orderly considered by that “tribunal immediately upon its presentment. { pear on the document, the petition was taken up and considered by the entire court in consultation. At that time it was decided to deny the application of Mr. Harper, but the final order to this effgct was not made until the stamp had been affixed. This was done yesterday, and the order denying the petition en- Mr. Harpe: the fact the file mark did not ap- ided—the question of the jurisdic- W. L. Harper,” said s application for a writ of pro- considered a part or ion was sought still uid not be which a de CROLVLOVUROVVICLSIG000 (=g feg=geg=g=ggegegegegegeBogegoPePaReyel RN FoFuPuFeRugePePegege-RePePoFePaP=TuFeR=FeRFaFuF=FuF=3 continued. | prescribed fer her, but despite their ef-;all the symptoms indicated it forts she died that evening. All huri DETECTIVE CH[EF'LEE g EIED 1DENT) THE CANDY-BOX. MEN OF THE LEGAL AND OF THE MEDICAL PROFESSION WHO PLAYED PROMINENT PARTS IN THE DOVER TRAGEDY. The prosecution in the case of Mrs. Botkin has not as yet mentioned the name of the accused woman. It has confined its efforts to a demonstration of the fact that a double murder was committed at Dover; Delaware, and that the instru- The officers of State will now begin their attempt and ments of death were brought to this city by Delaware authorities. seek to prove that Mrs. Botkin is guilty of the crime. woman the author of the horrifying | quietly, almost insolently. She looked in- | wayside. He admitted that tn the final crimes that were committed at the little | dolentl nguidly at the crowd'and then | analysis his great proof that the women town of Dover, Delaware. On the first at the officers of the law who were lead- | 9f Dover died from arsenic was given to day that evidence was presented the offi- | ing her to the point of defense. She|Nim by the State Analyist of Delaware, cers o State submitted testimony to show | seemed foreibly composed, and there were | fox (g Nago Ol This Was a great point | that 4 terrible murder had been commit- | few in the courtroom of Judge Cook Who | consulting mnosbim ts e Lonns, the | ted at Dover. Every incident that was wondered why. Mrs. Dunnihg and Mrs, Deane shook ft. assoclated with the presentation and the | The physicians traced in painful detail | He declared that at no time was® tnere o use of the box of poisoned candy by the | the death agony of the murdered women. doubt in his mind that the murdered mMurdered women was exploited before | Every act and movement of the victims | gerfion nensPoioned by arzenic. This as- e ury. .eone saddened relatives and | of the polsoner were recounted with calm | fonse had. sousnt t roie CeCqonis Je; friends of the dead women told their | deltberation. The torture and suspense | had failed. Knight had hrni:u;hl g;sfi’; story, and when court convened yesterday | of days, with the culminating horror of | 10 a point where the phystelon: dia ok | morning the grlet-stricken, vengeance- | death, were pictured as one might repre- | Know What Rahaq signed tn i sertificas Seeking father of the victims was on the | sent the horrors of a mental dissecting | Of death. HeVhad gone even farther and witness-stand to conclude his recital. |room. And when the recital was oad forced Dr. Bishop to admit that he He finished his story and then the pub- | hundreds of eyes were turned upon the | signed a de;’x‘&}”vem‘ff;a&r s Ue prosccutors took up the thread of their | woman who is accused of having caused | Dr. Dowhs had. heited to save the proof. They produced the physicians who attended the stricken women, and drew from them & new story of the cruel | crime. The story of death and desolation | was told with such dramatic effect that | Pears’ What a luxury Pears’ soap is! The cheapest soap in all the world be- sides. the suffering and death that came to a household. Mrs. Botkin never flinched. Her eyes were as languid as if she were listening to some uninteresting tale that did not affect her. The story of the physicians was, after all, practically Incidental. They had much that was material to offer, but their proof that a crime had been committed at Dover was largely corroborative of what had been said before. The proceedings | had already shown that two women had been murdered. The critical issue for the officers of State was to show that the au- thor of the crime sent the instruments of death from this city, and that the accused woman is the person®who should pay the legal penalty for the crime. The logical theory of the prosecution was then continued. The fact of a mur- der at Dover had been proven so far as| the evidence of the State could prove it. The prosecutors then sought to trace the, inception of that crime to this city. Be-| fore the proceedings were over vesterday the officers of the State had shown that | the box of poisoned candy and all it con-l situation and when he concluded Knigh remarked that every incident that I‘lza& been described had happened in Dover, Delaware. The remark rajsed the shadow of that doubt of State jurisdiction which :ZEES\IvllVr:‘]me (‘out_rl lel not decide be= e it does not feel lu}}'ly Tbl’fore lt,‘ that the issue is r. T. R. Wolf, the State Chemist Jelaware, related the incidents of h‘;: chemical examination of the candy sent from this city. His story was thorough | and critieal enough to {righten Knight into silence. The exposition of the physi- cian might have been a lecture on quali- tative and quantitative analysis before a class of college students. Knight breathed a sigh of relief when the discussion re- turned to candy. He then asked Dr. Wolf if he could tell whether or not the poison had been placed in the candies before or after the chocolate coating was put on. Dr. Wolf could not tell and the courtroom knew that another victory, however =mall, had been won for the defense. The witnesses who traced the candy and its accompaniments back to this city were then placed on the stand and the trial was suspended until this morning. hen court opened in the morning Judge Cook explained that the officlal stenographer was ill and that he had 1 | parently, but in a lesser de~ree. He gave patients as being severe pains accom= panied with an intense thirst. He stayed at the house throughout the day, but could not allay the vomiting which was the chief symptom of their -.ness. ~He also prescribed for the boy and girl, who were suffering from the same causes ap- morphine to allay pain and fed his pa- tients on mucilaginous drinks. The fol- lowing morning (Thursdav) he returned to the house, and found that they had taken eggnog and had brea.fasted on crackers and coffee. With the exception of Mrs. Deane they showed improvement. She had a feeble pulse, cold extremities and occasional nausea, finding it difficult to retain anything on her stomach. Later in the aftermoon he was summoned hur- ily, and found her in a state of total Ap: of which she had all the char- ristic symptoms. Her expression was and worrfed and she complained s in her head. The anxious look became intensified. The coldness in her extremities crept gradu- ally on. Her lis grew purple, showing all’ the ‘symptoms of arsenical polsoning, In reply'to a question the witness said he believed that to be the cause of death. He knew from the condition of his pa- tient that the end was not far off, and he | stayed at her side until she died. Mrs. Dunning entered her sister's room shortly before she died. but was compelled to lie down. Late that nieht he was called; and dressing hurriedly went to the Pen- nington house. Mrs. Dunning was asleep, but all her symptoms were against her. She woke ‘up and seeing the doctor aflskhe[d':‘ “Why. are you here? I am all he doctor told her he was passing and | dropped in. At that time her feet and | hands and nose were cold and her pulse was weak. In the morning these symp- toms were more marked. he heart ac- tion was much weaker, the pulse could be counted, but it was very weak. Early in the mrning Mr. Pennington asked if | Dr. Bishop would like another physician summoned in consultation. and upon his answering in the affirmative Dr. Downs was called, The doctors consulted and of pai; Her pulse grew gradually weaker. symptoms were the same as those of Mrs. Deane. Replying to Mr. Hosmer, the wit- ness said he believed it was arsenical poisoning; he had no doubt about it, as | were buried. | instruments at all. | sis of the candy confirmed his suspicions | go into a discussion of the subject. | arsenical pctsanlngl Jox of candy | the V\'un)('n} Dr. Bishop did not see the until the Monday on whic He then called upon Mr. Pennington to ask that an inquest be held. Mr. Pennington agreed and then | gave the doctor five pieces of candy Which he said he would take to Dr. Wolf, | the chemist, to have analyzed. = The doctor then detailed at length his trip to Newark, the home of the chemist. | He saw him'and stated the circum- | stances of the poisoning, which Dr. Wolf said he knew of through the papers. H said it would take several days to mak the necessary tests, but was told that if| he looked for arsenic he would find it at Dr. Wolf made his tests and Y;“; once. turned with Dr. Bishop that night Dover, where the inquest was held. Wh they met on the train Dr. Wolf said “Here’'s your analy: it shows an quantity of arsenic.” The witness !:su-‘ fied that the particles of arsenic he ex- amined that night were hard like por-| celain and would not solve like the | owdered arsenic; in fact, would be dif-| cult to dissolve. Dr. Bishop was then turned over to Attorney Knight, who sub- jected him to the most severe Cross ex- amination of any witness yet the stand. In reply to questions he sald he was not familiar with the use of the micro- scope, its use was not taught extensively when he went to school. He did not re- member to what cause he attributed the death of the women in the death certifi- cates nor did he remember signing suchy He sald the analy- on had_died of arsenical poisoning. At first he thoughl it might be ptomaine poisoning and that the germs were generated by the heat of the mail- bags. After some further questioning on | the germ theory he said he had never studied microscopy and preferred not to said the distinction between crystal ar- | that the women | senic and powdered arsenic was marked. | It _was porcelain arsenic in the candy. | ‘When asked as to the first symptoms of he said they varied according to the kind of arsenic used. | Fowler's solution would act in twenty | minutes and would show all the symp- | toms of arsenical poisoning. Powdered | arsenic would take longer, while the lump arsenic would take possibly two days. The question whether life would have been saved if the stomach pump had been used was objected to. The candy was taken in the evening and gradually worked its way into the intestinal canal. | None remained on the stomach. | | The symptoms of the patients differed from those present in_cholera morbus and the physiclan abandoned that theory early on the first day he was called to attend the women. He administered mor- phine not as an antidote but to allay the pain. He first learned of the arsenic poi- soning on his second visit to Mrs. Deane, too late to save her life. On being asked ag to its being good practice to give whisky and ammonia he replied in the | affirmative, as he wanted to tide them over_ the dangerous period, knowing he | could not: neutralize the poison. On Wednesday Mrs. Deane said to him: “There is no cholera morbus here. We had candy last night; chocolate cara- mels.” That was the beginning of his search for poison. Notwithstanding this he did not see the box with the candy un- til the following Tuesday. He did not learn definitely that arsenic was the poi- sonous agent until the report of the chem- ist that the candy contained arsenic. On being asked if he testified before the Cor- oner’s jury that he leaned toward the ac- cident theory and did not believe it was arsenic, he replied he did not remember. Although he knew the family all his life he did not remember what he put in the death certificate. He was a busy man and could not recall how many certificates were made out or when or where they were made out. It was at his suggestion that the Coroner's inquest was held. Mr. Pennington objected at first, as his wife was ill. It was shown him there would be no repulsive features. The bodies hdd been embalmed, so no autopsy could be held with satisfaction to any- body. He suggested an inquest to deter- mine absolutely the cause of death. On being asked if he would swear to the cause without the analysis he replied in the affirmative. He thought it a myste- rloxus case and he wanted a public in- quiry. He was sure there was arsenic In the candy after Mrs. Deane died. When the women died ‘he could not reconcile the deaths with anything but arsenical poi- soning. He did not know why a post mor- tem examination had not been made. It was the Coroner’s duty, and would have been the absolute test as to the cause of death. To Mr. Hosmer he said the hodies were _embalmed in arsenic. Although it would leave the body in a different condi- tlon to that if the subject had died of poisoning, “the ingenuitfy of an opposing attorney could break down the expert testimony.” Mr. Knight thought witness was criticizing him, and entered a vigor- olis objection to his remarks. Witness apologized, saying he did not have Mr. Knight in mind when he spoke. He left the stand glad to escape further trouble. Dr. P. 8. Downs succeeded Dr. Bishop For the Men. Here are many good suggestions of good things for Christmas that any man would be glad to have “glven him: SUIT CASES—Olive, Brass 'h‘lmmlng:.] _ Steel Frame— - 20 inches....84.50 24 inches. 50 22 inches....8$5.00 26 inches . .00 CLUB BAGS—Real Grain Leather, Linen lined—10 inches, $1.25; 12 inches. 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He was called to consull with Dr. Bishop in the case of Mrs. Dun. ning. He found her breathing hard and of a burning sensation in the stomach, He could detect no pulse, ané the nerve centers of her heart were very much involved. He said it was a serious se and undoubtedly arsenical polsoning and nothing else. The woman’s condition grew rapidly worse until she died in the evening. At the Coroner's inquest ne handled some of the candy and broke & piece open, disclosing three pieces of white, hard material, about the size of a pea. He knew hard arsenic, and these resembled it in_color and character. This concluded his direct examination. Mr. Knight took him all over the ground of poisoning by arsenic. The witness said he cquld tell’ without an examinatior whetltér a person died of arsenic poison- ing. He could not recall any other physi. cian or authority who took the same view, Witness was excused and Dr. Bishop was recalled to tell that he had not prescribed arsenic In any form for the two women. ribed strychnine in small and digitalls. The most minute s were given and no bad effects could Tlm ult. This concluded the morning. ses- sion. Dr, T. R. Wolf, a graduate of a St. Louis college and of the University of Leipsic, Heidelbegg, and now professor of chemistry in the Newark (Delaware) Col. lege, was the first witness in the after- noon. He testified to an experience in his profession of thirty years. In slow, meas- ured words he went into an exhaustive scientific explanation of the tests he made of the arsenic submitted to him by he Dover authorities in the chocolate bon- bons. In three pleces of the candy he fnund twelve grains of the poison. He had mounted specimens of the results of his tests, which were shown to the jury. on the the Univ ° ] Continued on Fifth Page. 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