The San Francisco Call. Newspaper, April 1, 1904, Page 4

THE SAN FRANCISCO CALL, CONTRARY TO EXPECTATION JURY IN BOTKIN CASE WILL CONTINUE TO PASS UPON EVIDENCE PERTAINING TO THE CHARGE OF MURDER Mrs. Botkin Insists on Verdict From Present Jury ! Judge Cook Orders Jury to Be Brought Into Court | -6 HCC EPTANCE ENTIRELY VOLUNTARY ]u,d‘t\”.'u ofi the pr Botkin was ent: as a very busy man and that I t im.ufx that ] was dismissed. prosecution she tions.”—George AR e i | in the trial of Mrs. rely voluntary on the part of immediately if the jury | ade. by il showing 1 cquittal under any condi- | - | r Defense. | Mrs. Botkin Tells Judge Cook in Open Cou‘rt‘ . That She Insists on Verdict From Men Alréady Accepted. Although Jacob Goe one of the rors «ngaged in trying Mrs. Cordelia murder of Mrs. John F the month s=sed that an e to Dbribe him, selected will con- guilt .or inno- the accused n. Mrs. Boz-! with sendimg a box of wn Fran- ; v August, 189K, to Mrs., ndy from at Dover, Del, of which the, 1 wter, Mrs, Joshua D ne, pa i and died from the of- the defendant itenced to life im- erdict was v > Court sterday to con- jury was ay as had) t out on the nu " ot g was t s € n ik ACCEPTS THE JURY . he y the minary ngs. Attorney and said in an unusually rdelia Botkin, refuses to be admission and motion of ys vesterday, and says she will not be bound by it and she is here to speak for herself, and I wi with- draw that motion Mr. McGowan will concur in the statement I comcur in the withdrawal of the motion,” said McGowan 5 Cook turned to Mrs. Botkin her if the statement were There was surprise in his manner and tone. At a nod from Knight, Mrs. Botkin aroge and in a clear voice said independently of any influence or I demand a advice from dict from this jury NO ALTERNATIVE LEFT. The statement from the defendant 1 alternative for the court. The ust be accepted on the demand efendant. Otherwise she could n once plead that she had b s m had been ex- her attorneys on the y Ferral in- rk hush that ment of Mrs. Botkin proceedings going Honor will withdraw 1 said he, “‘ths aside a verdict of guiity Of 3 Judge Cook ew of what was continued Fer- ¢ he said If they want to procecd with this Jury, very well. Call the jury the court- nature overlook eir nervous neral health. 1ily impressed T ills are di-| ervous system sufferings and » weakened nerves. Dr. Miles’ Nervine Has been wonderfully successful in revi- talizing the nerves and curing dll cases of nervous disorders and loss of vitality, pusends of delicate women have | reguined their health and vigor by its! use, and the thoughtful fortify them- | selves 1.\ keeping their nervous system strong and vigorous by its v ‘ From a thin, mervous wreck, miser- sble and wretched, 1 am now enjoying | spiendid health. and it is all traceabie to | r splendid medicine, Dr. Miles' Re- Morative Nervine." —MRS. MAUD B, OPLINGER, Philadelphia, Pa. _Money | back if first bottle fails to benefit, "said Knight, “that the depositions of | i fendan + to this procedure. She answered in the spendthrift,” she is alleged to have said He drank so hard that I w compelled to support him and he p tically used up all the money I-had.” candy. celve | proceed with the defense in the after- {nounced that he would continue his room and. each fourd his accustomed seat in the box. Evidently they were ! he proceedings that had | - detention in the cus- ) Sheriff, but they all ap- peared in good humc Even Gostjen ! smiled broadly, although his forcel abstention from liquor and the medieal | treatment he received during the night had put an impr of suffering on hiz face. When they were seated in the | x Judge Cook =said: anti that your witness s Mr. Byrington?” Price is still sick; the two wit-'| * 1 referred to yesterday are “We consent with the defendant.” Price and Miss Livernash b.-‘ DEFE Judge C wmoocoun DANT CONSULTED. sk was taking no chances 1 and he turned to the de- nd asked her if she consented. | | affiimative and then the testimony of | he two witne taken at the las: s read from the record. W. W. Barnes was Mrs. Price | n. 1898 and w the landlady “of ‘the Victoria Hotel in July, 1888, when Mrs. roamed th The prinelp her testim relaied to seei ndant come into _the hotel on i} fternoon of i 4 and and requested that be s to her room prised to see that th - n ‘out and remarked was a reporter in interviewed Mrs. Botki | irs. Botkin in | urg and Stockton before and arrest for the murder of Mrs. Witness stated that Mrs OURT THAT SHE TED URIOUS SPECTATOFR 3 JURY, AS IM- R NECKS TO WATCH DE- v WHO CRANED TH adr d her intimacy with Dunning and had given him g but a good character ) HER VIEWS ON DUNNING. way any e 10 the court which have caused ] cwary that the jury be kept togethor and hot allowed to separate | until this trial ie_over. .Now you must draw no conclusions from that fact against efther He is a racetrack gambler and a| is case on the evidence troom and on mothing ter the arrest of Mrs s 3 As he arrest of Mrs. Botkin and | S00C, TL, T (he law that yuu shall hear from her arrival In this city the witness |ihe court, and no outside inflience, one way or claims to have interviewed her, dur- |the other, and it Is that yvou may do so that you are from now on, until the trial is eom- ing the course of which conversation |Jjuged kept together. the defendant expressed great joy over | The court has arranged that your l-nnfl‘rlv;; the fact that Dunning’s child had not | ™eht shall be as comfortable as it is poss | . {to make it. Provisions have been made for died from partaking of the poisoned | vou to be kept at a hotel, where you will re- all the comforts and attention possible under the circumstances. We are about to adjourn for the afternoon, we will have ;n e dere, 3 ' court this afternoon, and the Sheriff will take S Serdensl e, ,“as recilled and you out; you masy go out to the park If you testified that on the night of August 9, | want, or if you wish to go to your house you 1898, when the poisoned candy was eat- | may go, but m: m ; g0 l‘nn':\hhr‘, Vhll‘mv:‘:L e g | not separate. 1f one"juror desires 1o g0 to his en, his wife had not partakeén of the |youee, the other jurors being all willing to go trout served at the evening meal and | with him, very well; two I;:mru f‘:l\nlnm';vm— s no . § pany the twelye jurors, elther to thelr place was not in (h‘ habit of e‘a!mz fish at | 00 winess or their homes. L l;‘sum'un_\' was introduced to MUST NOT DISCUSS .CASE. refute a theory of the defense thAt No matter what you de, you are instructed the death of the two women was due |not to talk about this case, eitfer among © ptomaine poisoning from ea: | yourselves or with any. one else. This case . P‘ . e y . v“ng.fiSh | must not be spoken of among yourselves on the night they were taken ill. When | with the bailifl in charge of you or with any Deane had been dismissed without |one elso. If you happen to Seé a newspAper it is vour duty d 1 instruct you, as I have Joshua D. Deane, husband of one of examination Byington made the incement that the prosecution e ) Z " the Sherift will be Instructed to Before allowing the prosecution 1o |take from those newspapers, be[lurrv they :‘r‘» as e Coc sed | Ziven to you, anything tHat relates to this case Judge Cook announced | EUER L. 2L of ‘the paper you may have, but would rule that the testimony | they’ will not be permitted to give you a of Professor Price regarding his analy- | pever with anything in i lating to this ot > " | case, any more than ther seseof the candy obtained from Chief | {5 taik to you about the case. You will not of Police Lees was not admissible. He |form or express any opinfon upon the case | 5 " until- 1t is finally submitted to you based his ruling on the fact that too | ™% 0 Sy "noine you have heard the testi- great a laps: of time had occurred | mony for the prosecution. 'Their case, so far between the murders and the analyses | a8 Uelr testimony is conceened. Is closed, You . e ve yet o hear the temimony to e and that the death of Chief Lees had | by the deiense, and vou should form B opin- srecluded a proper identi fon until you have hrard it. Fven after you preciuded a proper ldentification of the | Jo% ML 3% v5u ‘should form ho opinion, un- candy which was subjected to tests by | he. Evguménts ool Professor Price, 1d form no opin- ;K . i | e charge: of the Attorney Knight was unwilling to II‘I‘F“I“I the” law which is to gov- n determining the se. Your opin- 1d be reserved until you have retired ury-room to render your verdict. & b ntlemen, 1 think this admonition is sufficient to let “you understand t necessity of bearing in mind the admonition court has given you at rl\"h adjournment of the noon and on his motion an adjourn- ment was taken until this morning. SHERIFF GUARDS JURY. Before adjournment Judge. Cook an- urt that has been connected | thing has | nhected with the prosecution, but mat- | ! morning at 10 o'clock. As I said yester: cide the case on that evi- | ia’ be permitted | togethir from now on tion in mind, vou will now be take SHEFI and brought back into eourt to re desite to ®o together to the park ng or go to any place of amuse- Shertff ‘will take them. :nd .of the instruction the if the or out ment, th: At Judge anncuniced that by stipulation | les the jurors were allowed to have claret with their meals, and a look of relief came to the faces of some in the box. During the remainder of the trial the jiry will be quartered at the Pala-- Hotel and will be under the general supervision of Deputy Sheriffs Welch and Meinert. — SCOUTS REPORT OF DIVORCE. Wife of Juryman Gcotjen Expresses Cntire Trust in Husband. Mrs. Jacob Goetjen, wife of the juror in the Botkin case, whose husband has admitted that an at- tempt was made to bribe . him, believes implicitly that the meet- ing with the “woman in blue” and their subsequent journey to a Dutee, Dot fo tad sayiiine | Touse Of quesHonGie-tepute at 309 in {t—anything in the dafly | The daily newspapers you may | Grant avenue was without any crim- inality on -, his part. Wheén inter- viewed at Goetjen's place of business last night she stated that she had the utmost confidence in her husband and scouted the suggestion that she had ever expressed an intention of securing a divorce. Further than this she de- clined to discuss the matter: Henry Goetjen,"a brother. of the Juror in question, was more willing to explain. He stated that it was the be- lief of the family that his brother had been decoyed to the house at 309 Grapt avenue.by some one who had worked on hts sympathies. brother is tender-hearted,” he and is ‘easily led. Whatever mo- ibed we gre all 'satisfied that he was duped into this meeting with a2 woman., He is happily mar- - CHARGES FILED AGAINST MASON™ 8. BLACKBURN order made the previous day commit- ting the jury to the eustedy of the Sheriff. Then he turned te the jury and- delivere” the following instruc- | either | exercise that discretion he can do_so, either tions Now, gentlemen of the jury, before adjourn- ing at this time, 1 wish again'to admonish you as to vour dutief and to state to you right now that no juror should draw any conclusion, r of egainst either party in this action, | by reason of the court's action in ordering the jury into ‘custody for the remainder of th! triai. The law imposes upon the Judge of a court a discretion which he may exercise at | jury to separate at éach adjournment or to | any time during the trial, éither to allow mel keep them together. It is within the power of | the court to keep jufors together from the time | a_juror is sworn until a jury is completed. | e law provides that at any time during the | course of the trial that the Judge sees fit to cllow the jury {0 eeparate on the adjournment or 1o keep them together in the custody of a sworn officer. In this case yesterday it was stated here in the presence of the jury—the court was asked in_ the presence of the jury, if there was any reason for its action in mak- ing this order; the Judge stated at that time of course there was a reason. The court is not in the habit of acting without some reason, but you must not consider that reason to reflect either on the people or on the defense. The court often hears matters that don’t come to the ears of the jury end #uch matters may cause the court out of precaution to prevent anything happening which ought not to hap- pen 4s 1 said yesterday, nothidg has come to the Supervising Inspector at Chinese De- tention Shed Accused of Irritability and Other Unpleasant Qualities, Charges have been filed against Ma- son 8. Blackburn, Supervising Inspect- or for the Bureau of Immigration at the Chinese detention shed of the Mail dock, and Mr. Blackburn is now en- gaged in composing hig answer to the |same. It is understood that bureau watchmen under his supervision are authors of the charges. Irritability |anfl other undesirable things are im- puted to him, all of which he denies. | He declares that he can prove every ‘count of the charges to be without foundation. United States Immigration Commis- sioner Hart North was asked yester- day as to the nature of the accusa- tions against Blackburn,. but he re- fused to make them public. He ad- mitted that the charges had been flled, but denied. that Mr. Blackburn had been either suspended or dismissed, PROI‘()SL- TO AMEND BUILDING ORDIN AN(‘E Contemplated . Proviso Will Inerease Height Limit of Semi-Fireproof Structures to 120 Feet. The ordinance regulating the con- struction and alteration of buildings will be amended at the next meeting of the Board-of Supervisors 8o as to permit of greater latitude in the height of buildings which front on two streets. No change is contemplated in the amended ordinance regarding the height of buildings which aré at pres- ent limited as follows: Class A (fire- proof), 201 feet; ‘class B '(semi-fire- proof), 104 feet; class C, 82 feet. The amendment will contain the proviso that “When buildings of the character designated class B are to be erected with two frontages abutting the build- ing lines at the intersection of streets having a width of not less than thirty- fivé feet, said buildings may be erect- ed to a height not to exceed 120 feet, asons why the cour™ ried neither his wife of the family committed any divorce proceedings He is not the kind of a who would violate his marital vows,” “Is your brother a drinking man?” any | that | This rub- man drinks heavi said the brother. ‘‘Since he was a cepted bn this jury he has been in- dulging in liguor and we all attribute havior in the case to that fact. He could not and would hot be bribed, and if any attempt has been made to swerve his judgment in the Botkin case he took what he conceived was the proper course. Since the develop- ments of thé alleged bribery none of the family have seen him and conse- queéntly we are in the dark except what we read in the newspapers.” JURORS GO TO TH Any Visitors. The jurors for the Botkin trial were treated to a trip to the Alcazar Thea- ter last evening by way of a little di- the charge of Deputy Sheriff Meinert and Bailiff Wélch they \ marched up Market street at a little after 8 o’clock. The attention of passersby was at- tracted by the procession as they passed along the street they had reached the theater a large crowd of street urchins was in their and before Already many of the men are weary of their confinement, despite the large rooms, ideal service and attention that is given them. Even the food that is thken t6 the men is first inspected by the ‘officers before it is admitted into the rooins and no visitors are allowed to conver¥e with . Al this is in Judge Cook's and the orders of Sheriff Curtis. SRS S Y PICTURES AND MUSIC GIVE TO BIG CROWD imprisoned accord- instructions PLEASURE Concert Is Heard at Mark Hopkins Institute of Art in Conjunction ‘With Spring Exhibition. A most enjoyable and largely at- tended concert was given at the Mark: Hopkins Institute of Art last night in connection with the forty-ninth an- nual spring exhibition of the San Francisco Art Assoéciation. mmme ‘was ag follows: e’ i B flat (Handel), Otto ‘The Sentihel Asleep’” Prince; Sonata No. The pro- (von \znery, ‘Arth violin and plano (Mo: D' rosee’” Miss Vive Hickey; organ—i (a) Ber- ceuse "Jooclyn" (Godard), 43) “IA) Morning’* Joseph' Robinson), Otto Fls i vocal— “nur.d-y' (l(olloy). Arthur M. Prince; violin 'Sfxth Samuel Vive Hickey: thur Sullivan), Ot —_—— NEW YORK., March 31.—The International ‘Banking Corporation announces an engagement of $250,000 gold for shipment to the Argentine republic. DEPENDENT of any mfluence or advice of my counsel, | “IF they want to proceed with the jury, very well. demand a verdict from this jury.”-—Mrs. Cordelia Botkin. jury in.”---Superior Judge Carroll Cook. < Call the | | { I opments occurring Tuesday. | Lewis F. Byington. 't THERE IS NO CAUSE FOR REVERSAL HERE cati bé no possible-grom dict of guilty in the Botkin case by reason of the devel- Whatever objection there could be to the panel from the standpoint of the defense was waived . by the action of the defendant in expiessly insisting on a con- tinuance of the trial by the present. jury.” — District. Attorney % nd for a reversal of a ver- o o —fe {Prosecution and Defense Claim That Present ‘ Hearing Is | Both defense and prosecution in the | Botkin trial have sald that notwith- | standing the vagaries of Juror Jacob | Goetjén, who claims to have been ap- | proached with an offer of $50 to “hang” the. jury, it is a safe proposi- | tion to let ‘the determination of the woman's guilt or innocefice rest with the present panel. ‘When Mrs. Cordelia Botkin arose in open: court and announced steadily {and without show of emotion that she insisted on a verdict from the twelve men on the present panel there was no alternative left for Judge Cook or | the ‘District Attorney. Dissatisfaction was evident both on the part of the court and the prosecution.. Evidently they felt that Goetjen had disqualified {himself as a juror in the case by the. fact that he had discussed the case Lwith an outsider. " The: voluntary. accentance . of the ;jury by Mrs. Botkin imposed. a legai | barricade to whatever objections the } the defendant would have pla | |{in the position of beéing twice in jeop. iardy for the same crime and have se- cured her acquiital. District Attornéy Byington was re- | {1uctant to be interviewed on the sub- | ject of Juror Goetjen's alleged mis- givings. The jury had been accepted | | by the defense, he said, and further discmssion was in bad taste as long as | the case was pending. |¢ “I will state, however, that the ad | fense has waived every claim to im- | propriety on the part of the jury,” he | said, “ana if it should return a ver- by the issue. She can never plead | that the jury was improperly com- posed. “A§ to whethef or not we are sat- | isfled with the jury I cannot We | have accepted the panel and must try —# | the case before it. It is not the prop- er time to discuss the persdnnel of the jury while the case ig pending.” Attorney George A. Knight was frank in his statement that Mrs. Bot- kin's demand for a verdict from the present jury excluded all claims for a revérsal from the Supreme Court on account of the unfitness of one or any of the jurors to pass on the issues in the case. “Mrs. Botkin's statement in opén tion of that kind. She is willing to have the issues tried by the jury ac- cepted by both sides. I stated ye: terday in court that the defensé wish- ed the jury discharged. In this me- tion the prosecution concurred. I was unwilling to have the case de- cided by a body of men on whom the least taint of suspicion rested. “After the adjournment of court I held a consultation with Mrs. Botkin devote three weeks more to the trial Are Watched by Officers and Denied | immediately: I have many impertant : civil matters to attend, and I have been | shows a total of $31.441 25, less spe- forced to neglect these during this trial. ‘ cial deposit of $29. The collections in After I had told her this she said she, March, 1903, were $2 was willing to proceed with the trial ing a gain for this year of $2106 50. | approached with a br ments are taken v i dict of guilty Mrs. Botkin must abide | bare fact that the juror on the night | that he claimed to have been ap- | proached imbibed fifteen drinks of whisky between hig journey from the at Fifth and Folsom streets ter of expressed that the alleged.attempt at | bribery was largely the result of in- | dulgence in drink. couft,” he said, “removes any conten- | and told her plainly that I could not| | cense department of the Tax Collec- tor's office for the month of March ‘ ' Panel Is Eniirely Acceptable and Continued. before the present jury, believing that the showing of the prosecution and the testimony which will be offetred by the defense will acouit her under any con- ditions. The statement she made In jeourt was entirely voluntary, and | knowing her frame of mind I acquiesced in it. = “I'expect that the introduction of evi- dence by the defenise will not occupy more than two days unless the prosecu- tion prolongs the cage. Notwithstand- ing the revelations regarding the jury 1 am confident of an acquittal, because my client is entirely innocent of the heinous crime charged against her, the charge being supported in the most part by perjured and purchased testi- mony “Any report that I have [ntimated a wish to withdraw from the defenze I false. 1 stated in court that if the pros- ecution: insisted “on introducing = dénce after the defense had opened and the court allowed its - introduction I would " withdraw' from the |'statement had no relation to Mrs ! progecution could offer of that Judge | kKin.- While 1 !'Cook ‘could impose in the exercise of l»flflfl'l for defending her, and Mr. ‘vh his discretion.’ .To have. rejected the | © | existing jury after its acceptance hvflflh"rr we sed her | once in the ¢ { ourselves that the d cent, it is our duty a I.am re ng no ives no recompense for his t having started ving convinced ndant is inno- members of the bar and henorable lawyers to fight for her to the last ditch against an unjust accusation.” Chief Wittman baid y y that no further attempt was being made by the police to locate the alleged briber who approached Juror Goetjen with an of $50 to ‘hang” the jury. There is an air of unbelief about poli ters that Goetjen was e van rec th incredv Hall of Justice to his place of bu ine cord, and the belief is An attempt to interview Mrs. Botkin at the County Jail last night met with a refusal to discuss any phase of the case. She said that her defense was | in the hands of her attorneys, and re- ferred the reporter to them. ——————— Century Club Incorporates. Articles of incorporation of ‘the Century Club of California, a woman's organization, were filed yesterday. The directors are Kate F. Hutchinson, Katherine W. BSlack, Mary Anthony Folger, Fransetta L. Sumner, Mary K. Hopkins, Caroline Van Dyke, Ger- trude G. Morris, Helen A. Hengstler, Elizabeth C. Baldwin, Minnie S. Codp- er and Helen P. Sanborn. —_——————— Licenses Show a G The ,report of collections in the l- 305 show~ ADVERTISEMENTS. ROOS BROS. NNOUNCE THE ARRIVAL OF THEIR Spring Stock Girls’ Mannish Coats ~ For the Season of 1904 All New and Handsome Styles $6.00 to $15.00 T T ———————— KEARNY AT POST