The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-18
CHIEF LEES
ABANDONS HOPE
OF EXTRACTION
Finds the Constitution
Against Him.
MIGHT TRY MRS. BOTKIN HERE
IF SO, IT CAN ONLY BE ON A
LESSER CHARGE.
'HThe Police Have Not the Real Gull
prit Under Arrest" Says
Attorney Frank Ma
Gowan.
MIGHT TRY MRS. BOTKIN HERE
IF SO, 1T CAN ONLY BE ON A
LESSER CHARGE.

The persons representing the prosecu-
ton in the Botkin case are in a guam
Diary. They admit that on the showing
made before Governor Budd, taken with
his attitude in declining to oveiA
throw the constitution Of the United
States, that he will refuse eXtradition.
They have. then, nothing left on which
to hold Mrs Botkin, except the simple
charge of sending poisoned candy
through the mails.
The outcome of the proceedings before
Governor Budd did not affect Mrs. Botkin.
She had been assured of the strength of
her rosition and looked for no other end
ing.
I'VE have not determined upon our
course of action" said Senator Frank
MCGOWAN of the defense yesterday. I'VE
could get Mrs. Botkin out on a writ
of habeas corpus on Monday, but have
no desire to create an unseemly scramble.
We are fighting for her on broad lines
and cannot afford to resort to any pro-
cess whereby Mrs. Botldn may gain her
freedom on technical grounds The case
will be closed when he denies extradition,
as we believe he will do. He is acting in
the matter as chief executive of this
State, not as an individual, as has been
contended by Lees. They cannot, man
damus the Governor under any condi-
tons in this case. 1t is accepted that
when he denies the request for extradi-
ton he does so on questions of fact"
If the Governor allowed extradiuon
and a Superior Judge denied habeas cor
pus, and said she should be extradited,
we would then take it to the Supreme
Court That is the only avenue through
which it could get there"
The Governor might have granted an
ex .parte hearing in this case. The at
torneys for the defense are only there
through grace, while Lees-well, Lees is
After all has been said and done upon
the legal status Of this case, the police
have not the real poisoner under arrest"
was the significant remark of the attor-
ney.
1t is intimated that when the case is
again presented to Governor Budd that
objection will be made to Assistant Dis
trict Attorney Hosmer and Chief Lees
appearing for the prosecution. They are
officials of this State, and if they should
render any service it should be only in
assisting the Delaware authorities in
stead of bearing the brunt of the battle.
1t is the custom for officers sent on
mission like that of Detective McVey to
employ special counsel.
Chief Lees was in consultation yeSeter-
day afternoon with Assistant District
Attorney Hosmer regarding the prepa-
ration of papers intended to correct the
vital defect in the extradition papers from
Governor Tunnel of Delaware. The Chief
had not been convinced by the fusllade
of law points fired point blank at him
on Fr1oay that his construction of the
law on interstate extradition was not the
correct one. An undercurrent of both
resignation and complaint ran all through
his discussion of the proceedings of the
previous day. in which he thought he
was the central figure.
I'VE have already commenced the prep
aration of papers remedying the defects
of those sent on by the Delaware au-
thorities," he said yesterday. II claim
that the papers are not defective but
that each one of those affidavits is in it
self full and sufficient complaint against
Mrs. Botkin.
I'VE have been allowed two weeks by
Governor Budd in which to perfect those
papers, although he made evident to US
at the close of the inquiry just what his
decision would be at the end of that
time
I'VE hold that the enormity of the Of
Tense charged In this case makes it of
international Importance and too vital for
Governor Budd to decide the constitu-
tional questions involved. Knight said
in the first place that he would waive
all technical points involved and would
take the matter before the Supreme
Court for the determination of constitu-
tional points. and If an adverse decision
were rendered she would have to go to
Delaware and stand trial. OF course /