The San Francisco Call. Newspaper, December 15, 1898, Page 1

ot from taken Call VOLUME LXXXV NO. 15. SAN FRANCIS(SO, THURSDAY, DECEMBER 15, 1898. MRS. BOTKIN FACES _ AN ACCUSING WITNESS DRAMATIC SCENE ENACTED AT THE TRIAL The Suspected Woman Picked the Purchaser of Poison and Candy. as Prosecution Finishes a Critical Day in Presentation of Its Case—A Series of Sensational and Exciting Incidents. the | HE prosecution of Mrs. Cor-|d delia Botkin has now reached bleach a hat. The witness who ris testimony is Frank Grey, a Owl drug store. s T a critical stage. For the inathe facis time since the hearing of testi- ESoH e Tachs o = He had told the story | 1y began the name of the ac- o SR one in the court swear any d of that s Peopl to the amatic circumstances. One wit- testified positively that Mr: n purchased arsenic at the Owl g store on June 1. Another de- clared her belief that the defendant had bought the box of candy that was subsequently poisoned. Every effort of the defense to break the effect of |, evidence was without avail. The attorney for Mrs. Botkin at- Botkir on of the day irey knew Mrs. bought the poison, gave her | d address and legally admitted | for Botkin be- | & woman arose and wa had ic Grey 1 wh tempted to threaten and to browbeat, ire! a buzz but his attack was without effect. court- he defense found some cox the fact that a third wi State fa: olation tness for led in what the prosecu- n evidently expected I . He S . also had sold arsenic about June 1, S : ul not r a he 8 e ot could not swear that he had candy. The pr Mrs. Botkin. When pressed e answer he said there | was doubt enough in his mind for | him declare that he did not sell | offi of the State met with a most the drug to Mrs. Botkin. | lamentable failure. David Green was | The case for the prosecution is now | Placed on the witness-stand and proved ring its close. Efforts will be |0 be'a boomerang for the prosecution. | e to trace the handkerchief fonnd He worked for the sm_r drug store, on | Market street, near Fifth, in the latter 2d yet to show where the lump senic was obtained In attempting to do so yesterday the s ne vith th s, in. - 5 i ehcnndy to Mrs. Botkin. Ex-| ;4 of May and the early part .of perts on handwriting will swear that | 7,0~ About that time he sold lump the accused woman wrote the ad-|arsenic to a short, stout, flashily | 2 the box of candy, and then | ressed woman. When asked if Mrs. | John P. Dunning will take the wit- | Botkin was the woman Green he! ness stand to show that Mrs. Bot- | tated, stumbled and collapsed in co kin had a motive for murder. The |fusion. There was a rapid exchange c ween the attorne sensational character. | g clerk off There s little to indicate In | marks and quick retorts served only to the Hrel oceedings yesterday | Make confusion worse confoun LR Botkin | the helpless clerk, who finally de Sy of the case | I desperation that he could not - | to tif st witness | wh Mrs. Botkin the woman m he sold the poison. The defense | had won its first victory, and the morn- ing session closed rather gloon for | the pro tion. | The lost ground was more than made 1p in the afternoon by the State. The | next effort was to show that Mrs. Bot- kin had purchased at the establishment of George Haas & Son the box of candy | that v subsequently poisoned and y had t man had b howeve:! n more se > de- | then sent on its mission ‘of murder to | ng the gal Dover. The central witness of the af- | bach even u ternoon was Miss Sylvia Heney, a| oung saleswoman employed by Gearge | incident of e : Miss Heney is bright, quick, | upon the other d rt and ready of wit. Her stor Mrs. which may be of serious moment to | Botkin stakable signs of t Mrs. seemed to have been well | n her. rsed, for the girl never stumbled e prosecution begun its the badgering, browbeating | ation of George Knight. | Teney remembered that she had | c0ld a fancy box of candy on the after- | 31 to a short, stout woman, e again: were concerned by ne the fact of the Dover n done as far as th The embled Mrs. Botkin. | Mrs. Botkin was the| box the saleswoman | to do it. t of the Stat i cusation of the vel believe she | e ned the ere was a tle and a sup- | expected th: = Ji Dunn buzz throughout the court- Time and again Knight sought he | to break the force of that answer, but onship to | he failed. He shouted his questions e wrote | threateningly at the girl, but she only | and | arranged herself more comfortably motive | the chair and replied with even temper and undisturbed assurance. 1 w of the murd of on ear that st death pac to establish with his recital for- the alleged crime of 2 0 = The audience was disappointed. The | Knight assumed to disbelieve the | prosccution intends to hold John P. | girl’s assertions, but the assumption Totinst st witness, who will | Was unheeded if it was understood. e after Mrs. Botkin | The lawyer grew insinuating, but his! ith the murders |S00thing tones were as unavailing as | of the State will | his disturbing shouts. Each effort to | cajole or threaten the girl into a modi- A han o¢ | fication of her calm assertion that she e e e ot | belleved Mrs. Botkin to be the woman A was needed by the prosecution to | ¥ ho bought the candy met only with e ¢ that there was still |Fenewed failure. It was rather an in- conlr‘li‘("lf'h:‘i}:p *“‘}'“i\‘u‘l:'d candies after | teresting battle between a lawyer has been as far as the permit. Thomas Pr the d M arsenic > 22" | trained in all the subterfuges of the | the Dela vare of had turned the |, o 254 3 girl who had probably never | box over to the police authoritles of |y .. 4 4 courtroom before. It seemed | this city. Mr. Price was equal to the | ;" wnignt wished to retire from the | jon. He testified that he had de a chemical analysis of some of the poisoned candy and had found ar- The results of his investigation field, but did not know just how to do | | so without meeting the titter that would | proclaim his defeat. sgenic The attorney finally gave up In de- were identical with those of Dr. T. R. | cpqir He could neither confuse nor Wolf, and G Knivht, who knows | frighten the witness. He could Involve the wisdom of leaving shrewd wit-|per jn no contradiction and her testi- nesses atone, devoted practically no | meony remained as it had been given | time to cross-examination. Dr. Wolf | ypon direct examination. Miss Heney | was then recalled for a few minor ques- tions, and with his testimony the State closed one of the great departments of i its case. { believed Mrs. Botkin had made the In closing one'department and open- | purchase. While this testimony was ing another the prosecutors did so in a | being given the accused woman leaned clever transition. Both Price and Dr. | back in her chair and with eyes closed T. R. Wolf had testified that arsenic | remained in that position. is never used for the purpose of bieach- | The last witness of the day simply ing. The= next witness on the stand | corroborated some of the more impor- swore that he had sold arsenic to Mrs. | tant elements of the testimony of Miss Botkin because the woman assured him | Heney. This witness was Miss Kitty that she wished to use the poisonous | M. Dittmer, another clerk employed by | had positively identified the box and the candy and had reiterated until re- f{teration became monotonous that she | ine arsenic is sometim condition. | her at his - of gait, movement and | ! by b | and sustained by Judge Cook. eorge Haas., This girl was also In the store when it is alleged Mrs. Bot- kin made her purchase. She was as firm in her position as had been Miss Heney, and Knight closed her cross- examination without winning a single point. The case will be resumed to- day. Professor Thomas Price, who said that for forty years he had been an analytical chemist, was the first witness of the day. Mr. Hosmer’s opening question was: “What is arsenic?’ To this he replied hat it was one of the elements, and a metal in character. He doubted If it was ss mixed with alkalies, when a deadly poison. He then re- counted having received eight pieces of chocolate candy from Chief Lees to be analyzed. Professor Price told in simple language the methods employed and the results ob- ined by him. He found microscopic als of arsenious acid in the candy. plece contained seven and 56-100 ; another over five grains and the arly two grains each. No lumps of an amor- a pature. Of ten pieces Chief Lees’ office later enic. One of these eight grains. The ate amount found in elght pleces 1 grains. the smallest dose that eplied that it varied under ditions, but two to three hal dose and would cause told of the different and showed the speci- e tests. :n took the witness mination and questioned him litjes ¢ son de- 2 copper candy kettle. ty, he sald, but poison in minute particles. oduced colors he said g the philosophers had to determine. d it would be impossible nens to wh: somet to lump | though the latter might become powdered in transp He saw no evidence of having been broken to Questioned by Mr. Hosmer he said senic had been used to bleach hats to his owledge. Its bleaching power was light. Dr. Wolf was recalled and sald he had being used to aid that crystal- found pulverized | and if placed in water or submitted to molsture it would assume an amorphus never heard of arsenic bleach straw. He also Frank Grey, pharmacist, emploved in the Owl Drug Store, was the next wit- Mr. Hosmer's first questfon was ou know the defendant, Mrs. Bot- Al GREY’S He replied: *“Yes, by sight.” He since Aug 1897, having seen | Baldwin Pharmacy prior to | going to the Owl. On Jun t of this | r she applied to for arsenic. He | ed for what purpose she required it and was told it was for bleaching straw He sted oxalic acid and , as she had accustomed to using it. He finally her two ounces of pulverized ar- , marked it poison and asked her to ier desk, where the sale could She gave him the name, | otkin, and the address, Victoria | Hyde and California streets. the defendant the person who pur- chased the arsenic?’ asked Mr. Hosmer. At the zestion of Mr. Knight Mrs. | stood up and the witness replied: s the ladv.” He sald he delivered | ic to Mrs. Botkin and she left store with it. | On crof amination Mr. Knight asked him where he was born and educated, and | went at nce to the period the wit- spent at Ukiah. He was asked why £t the employ of Hoftman at Uklah. After a ion by Mr. Hosmer, he said it was to take a position at the in- . He was know why. Later he said | cceeded by a relative Hotel, of the | T e did not ask Mrs. Botkin to sign her ¥ n register, as it was | nor the law. Mr. e other sales of var- | itness fell back on | 500k of record, without which he was | Mr. Knight wanted the original a photographic copy was e W is b h not sure. record, but on available. “Tw the book, the original record,” aid Mr. Knight. vouw'll have to wait,” replied Attorney Knight came back with, “Who | I will not cross-examine the | until I get the book of original ss was excused until 2 o’clock | and David Green took his place on the | stapd. He is employed as a druggist at the corner of Clay and Kearny streets, but was formerly employed in the Star | Drug Store, Market street, opposite Fifth. | While there he sold two ounces of arsenic to a woman who was “flashily dressed, stout and somewhat prepossessing.” Judge Cook: ‘‘State your best opinion rs. Botkin being the woman.” Mr. Knight told Mrs. Botkin to stand up, and Mr. Hosmer objected to his manner, say- ing he was intimidating the witnesses and that it must stop. Judge Cook admon- <shed Mr. Knight not to raise his voice. Replying to the Judge's question, Mr. Green sald: ‘“‘She reminds me of her.” He d what she asked for and what hased, but objection was made | Hosmer explained that he expected to show the character of the arsenic sold to a woman who said she had been to the Owl Drug Store. Mr. Knight objected on the ground that the man stated that he did not rec- ognize Mrs. Botkin as the woman. Judge Cook asked the witness: “Do you, in your own mind, believe and will you state under oath that she is the woman?’ The witness could not answer, On cross-examination Mr. Knight com- menced to ask the same questions that he objected to counsel for the prosecution asking. When reminded of this he per- mitted the witness to retire. Frank Grey was the first witness dur- ing the afternoon session, and contrary to expectations was not severely cross examined. He recalled no purchasers at the Owl Drug Store on June 1. A big business was done there, but not in poisons. The hour from 1 to 2 was us- ually a dull one. few purchasers being present. she purci | having put up a package for Chief Lees | | in September of this year. discharged from “ E = s ¢ IDENT IFICATION OF MRS. ‘BOTKIN. - Q N exciting scene was enacted yesterday morning at the trial of Mrs. Cordelia Botkin when the accused woman was identified by Frank Grey as one to whom he had sold arsenic. [the great trial that even the slightest reference was made by name or suggestion in the testimony to the woman on trial for her life. PRICE FIVE CENTS. Y \\\l Wi \ 1\ It was the first time in Grey’s theatrical identification created, therefore, a great stir in the courtroom. Chief Lees took the stand and testified to having gone to Grey some time since and purchased a package of arsenic sim- ilar to the one sold Mrs. Botkin. Mr. Grey was recalled and testified to| It w taken from the same bundle as that sold Mrs. Botkin, but was not necessarily from the same bulk. To the Judge: and class of arsenic as that sold Mrs. Botkin. | Miss Sylvia Heney, “sales lady” in the | candy store of George Haas & Son, was | the next witness. She has been employed by Mr. Haas two years, and on Sunday, July 31, sold chocolate candy to a lady. | The latter was not very tall and was in-| clined to be stout. | “Did you sell any candy to Mrs. Bot-| “It was the same grade | Kkin?” asked Mr. Hosmer. “I can’t say she is the party.” “Do you believe her to be the woman?” “I believe she is. “She came between 4 and 5. T was| ading on the east side of the store | where the candles are kept, the east side of the store. IShe wanted to see some | fancy boxes, and I took her to where we | kept them and showed them to her. She selected a box and then asked for choc- | olate candy, with which I then com- menced to fill the box. The chocolates | were mixed as I took them from different | trays. Some were hard and others soft, | but all were of the chocolate variety. | The woman said she did not want the| box filled to the top, as she wanted to put | something else in it. I then wrapped | up the box, first with tissue paper and | then with brown wrapping paper. Kittie Dittner brought the tissue paper for me. “I cannot say whether I placed a seal | on or not, but think I did. This seal is mounted on paper with mucilage on tae | back, and I think I placed it about the | center of the box and on top of the fancy knot.” “Do you always give a fancy box with candy?” asked Mr. Hosmer. “No. Not unless requested. The regu- lar box has Haas' name on it, and that is the kind usually sold unless a request i8 made for one without it."” The witness identified the candy, the box, the seal, and even the brown paper wrapper which covered the fatal box that carried death to two women in Deta- ware. She then told of the regular price of the candy purchased by the woman as being 30 cents, but as she did not receive a full pound she was charged 40 cents for the candy and 25 cents ad- ditional for the fancy box. It was the price paid for the candy that helped to fix the various circumstances in her mind, as it was an unusual occurrence for a person to call for an odd amount. *The purchaser seemed impatient and nervous, asking her to hurry up several times. She was in the store some ten minutes. Attorney Knight then took the witness through a most rigld cross-examination, but try as he would he could not shake her story. He first asked how many writ- ten statements she had made for Chief Lees. The witness thought not more than two, although her questioner named four, Mr. Haas was the first person to whom she had spoken about the candy, telling im about the circumstance of selling the fancy box. “Didn't Kitty Dittner tell you you sold the candy?” asked Mr. Knight. “No, sir! You are mistaken,” witness replied. She knew Chief Lees had been at the store, but had not seen him there. She sald that she identified the candy box as the one sold by her the moment she saw it. A question was framed that implied that she knew it was Mrs. Botkin who purchased the candy, but she denied hav- ing made such a statement, as she was not sure of the identity. “You don’t recognize her. Have you any. doubt?’ asked Mr. Knight in feigned surprise. “I ‘belleve she is the woman,” Miss Heney. “Is she the party?” Knight. “'I believe she i: said Miss Heney. Mr. Knight put the same question again with the same result. He dropped the matter and the witness said she could not | m: name any other customer on whom she | walted during the afternoon. She remem- | bered the sale to Mrs. Botkin because of the incidents surrounding it. She first told her story to Chief Lges at her home. Some days later she went to his office | and made a statement which was taken down by a stenographer. She first went to identify Mrs. Botkin when the latter | was being taken to court. She thought she looked “awfully like the woman to whom she had sold the candy.” The witness answered a question to which Mr. Hosmer wished to object, and Mr. Knight turned to him and said: “That's the time I got the best of you." Tmhs spectators laughed and Judge Cook said: ““This laughter must cease. This is the trial of a case.where the defendant is on trial for her life for murder. It is un- seemly to act in this manner and I will not permit it. The people are here purely through courtesy and in such numbers as to interfere with the officers of this court. If this occurs again I will at once order the room cleared of all persons who can- not find seats.” Mr. Knight tried in vain to get the wit- ness to state why she was in the City Prison and in the court room with Mrs. Botkin one day, but she affirmed that she did not know that it was for the purpose persisted Mr. | owing to what Mr. H | | the next day. of identifying iae prisoner. She denied that she had built her story upon what she had read in the papers regarding the purchase of candy at Stockton by a woman in black. She fixed the date ac- curately because a girl from the store who was on her vacation passed the store and spo! to her. She returned to work She said she had not been drilled and that no one had told her to replied | stick to her story. The opposing attorneys clashed again, smer thought was the part of Mr. harsh language on Knight. You think that's oratory, don’t you?" said Mr. Hosmer in an insinuating nner. “No, I don’t,” replied Mr. Knight. think it is good hard sense.” Miss Heney said that from Mrs. Bot- kin’s walk, manner and general appear- ance she thought she was the woman who bought the candy. To Judge Cook: “I can't say positively she is the woman, but in my own mind I believe she is the lady.” Miss Kittie May Dittner succeeded Miss Heney on the stand. She corroborated the latter’s story of the sale of the box of candy. She noticed the purchaser, who was short and rather stout. She resem- led in size, looks, action and movements Mrs. Botkin. There was some doubt in her mind regarding the identity of the woman, as she did not see her face. Mr. Hosmer charged Mr. Knight with trying to mislead the witness in.some matters by his mode of questioning her. Shortly after Mr. Knight asked another question and said to Chief Lees: “Don't bob your head, Chief, to the witness; she will bob her head.” To Miss Dittner he said: “Don’t notice him. He may bob wrong some tim The witness concluded her testimony by saying that Mrs. Botkin resembles in body and carriage the woman who bought the cand She had no recoliection of her face, never having seen it. The case will go on this morning at 10 o’clock. wp CUBAN EDITORS SEEK EACH OTHER'S BLOOD| General Wood Prevents a Duel at Santiago de Cuba by -.rrest- ing the Principals. SANTIAGO DE CUBA, Dec. 14— General Wood, Military Governor of the Department of Santiago, stopped a duel to-day that had been arranged be- tween Senor Trujillo, editor of El Por- venir and Senor Colono, editor of Cuba Libre. An article recently appeared in the Independencia abusing Senor Trujillo, charging him with being a swindler and accusing him of numer- ous crimes. Senor Trujillo attributed its authorship to Senor Colono and sent the latter a challenge. Under the conditions agreed upon the duel was to have been fought this afternoon on San Juan hill. The contestants were to use six-shooters, beginning at twen- ty paces and walking toward each other, firing at will. If neither should be injured by the other’s six shots the antagonists were to reload and start again. & Chief of Gendarmerie Valient report- ed the matter to General Wood. who promptly arrested both men and con- fined them in their own houses under guard. Ask for Lower Water Rates. FRESNO, Dec. 14—The Board of Su- pervisors was yesterday asked to regu- late the rates for water charged by the Fresno Canal and Irrigation Company. + Heretofore the Suwervisors have not in- terfered with the rates, but it is claimed they have the right to regulate them, as the water is diverted from Kings river, a public watercourse. The petition was signed by a number of citizens. The hear- ing of the petition was set for January 19. It is supposed the canal company will oppose interference by the board. PRETTY VALLEY ROAD DEPOT AT TULARE When Completed, the Structure Will Be One of the Finest in the State. TULARE, Dec. 14.—Work has begun on Tulare’s Valley Road depot and a very handsome and commodious structure it will be. The depot proper, built of brick, will be 30x164 feet, with fruit shed addition and verandas, making it when completed one of the best depots on the line. Delay has been occasioned by the failure to get the brick on the ground as soon as was expected. Work on the structure will now go forward, and the Valley Road will be fully equipped for pusiness. The finish- ing touches are being put on the Tulare branch of the road and regular trains will shortly be in operation. e Sy Restrictions May Be Removed. BERLIN, Dec. 14.—There seems to be a prospect of the removal in the near fu- ture of the restrictions placed upon Amer- fcan insurance companies in Prussia. TUpon the request of one of the largest companies the Minister of the Interior had decided to send two representatives to New York to investigate whether the Americans are able to comply with the conditions of the Prussian authorities. ENGLAND WILL BE ASKED TO ARBITRATE Claims of Americans for Lands in the Fiji Islands to Be Pressed to a Settlement. NEW YORK, Dec. 14—A Washing- ton special to the Herzald says: i Secretary Hay has asked the British Government to consider diplomatically the claims of american citizens for compensation for certain lands in the Fiji Islands alleged to have been owned by them and appropriated by the Brit- ish Government. This request is pre- liminary to a suggestion that ‘he claims be referred to arbitration. They have been pending for twenty veirs. They arose as the result of the cession ot the Fiji Islands to Great Britairi in 1874. The claims filed in the Stute Department number ninety-five #nd the area of land affected is 170:117 acres. The total amount of compen- sation demanded from the British Government is about $1141,860. The department has weeded down the number of claims to twelve or fifteen. amounting to several hundred thou- sand dollars, and these will be pressed to a settlement. Sl Rescued by the Rickmers. BALTIMORE, Dec. 14—The overdue North German Lioyd steamship Hner Maria Rickmers, from Bremen, passed in Cape Henry at 4 o’clock this morning and signaled that she had aboard eight sur- vivors of the British steamship Londonian of Hull, which foundered at sea. The Brit- ish steamship Vi re rescued forty-five J of the crew, which she landed here last week. She lost the wreck on the night 6_ of November 27 with eight men still on board. It now appears that they were rescued by the Rickmers next day. | SPANISH SHIPPING WILL NOT BE FAVORED Wishes of the Madrid Comissioners Ignored in the Treaty of Peace. WASHINGTON, Dec. 14—Spanish ship- ping is not to enjoy preferential treatment in the Cuban and Porto Rican trade un- der tHe terms ‘of the peace treaty. Some- thing of that nature may be brought about in negotiations that must follow be- tween the United States and Spain as part of the project for the restoration of commercial relations, but so far it hasnot been provided for, although the Spanish Commissioners made a speclal request that the privileges should be accorded. The text of the treaty has not yet been received at the State Department. 'L'he document is so iong that the expense of cabling it textually would be very great and would not he warranted, in view of the fact that the Government already possesses a sufficiently accurate outline of the articles. The Americah Commission- ers are expected to sail Saturday, which will bring them home by Christmas. They will bring the treaty with them, and it is believed the document will not be pub- lished before it is dellvered to the De- g:.nmem of State, notwithstanding the adrid intimation that it is to be printed as a red K. ———— Solano’s School Fund. SUISUN, Dec. 14—From the payment of the first installment of taxes in So- lano County the funds set aside for the schools amounted to about 325,000, which ‘was apportioned in the usual manner.