The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-12
BOTK|N CASE
IS READY FOR
THE GOVERNOR
Waits Only on the Del
aware Affidavits.
LEES ON THE ANXIOUS SEAT
SENATOR FRANK McGOWAN'S
STARTLING THEORY.
He Makes a Statement That May
Foreshadow the Line of De-
tense in the Coming
LEES ON THE ANXIOUS SEAT
SENATOR FRANK McGOWAN's
STARTLING THEORY.

Though the law of the land requires the
prosecution to produce before the COM
hitting magistrate only enough OF the
evidence that has been adduced to es
Is blish a prima facie case against the
prisoner charged, Chief Lees proposes to
establish an exception and a precedent
when he brings the case of Mrs. Cordelia
Botkin under the official eye of Governor
Budd tomorrow morning.
Not a fractional part, but the whole
sum of his evidence will be thrown into
the scale to balance against the powerful
points of law upon which alone the de-
bulk rather than the value of his evil
dence, the rotundity of his many affidavits
and the sheer weight Of their verbiage
in which lies Chief Lees one hope of
outweighing his prisoners case and eff
fecting her eXtradition into Delaware.
Whether or not the weight of the prose-
cution's case Is sufficient to its ends must
wait upon the decision Of Governor Budd
for its answer.
In so far as it connects Mrs Botkin with
the murders alleged against her, the case
as it will go before Governor Budd con-
sists Of no more than the original four
characterizing features, with only one Of
which is Mrs. Botkin connected, and with
that only by the slenderest thread of
probability. This feature that the prose-
cution will-set up as its one substantial
fact is that on June l, two months prior
to the murder of Mrs. Dunning, Mrs
pany two ounces of powdered arsenic.
To prove this they will have the testi-
mony of Frank S. Grey, who knew Mrs
Botkin and who, as manager of the drug
store, sold her the arsenic. To sever this
one link that connects its client with the
crime the defense will show that at the
time of the purchase the defendant did
not try to conceal her identity, but, on
the contrary, had written upon the poison
register her right name and the use to
which she intended putting the poison
wi nrnducR
who claim to have been with Mrs. Bot
kin in her room at the Hotel Victoria
when she used the drug to bleach a white
straw hat, the use to which she told
Grey she intended putting It,
The second count In the prosecutions
case will zeal with the handwriting of the
anonymous letters and that of the wrap
per round the candy box. BY comparison
with her known writings Chief Lees will
attempt to prove that Mrs. Botkin indited
both Numerous Photographic enlarg-
ments Of the scripts have been prepared
by Expert Kytka and it is principally
upon his testimony as an expert that 1t is
hoped to prove q similarity.
The tracing of the candy and box to
the store of George w. Haas, and the evil
dence of Miss Dittmer and Miss Heney,
who remember the sale, will also be feat
ures to which the Chief will give much
prominence.
The purchase at the City of Paris of the
handkerchief that accompanied the deadly
bonbons will be fully set forth in num-
of the store none has been found who
can recall when. or to whom, 1t was
sold.
The aff1davits Of John p Dunning, setting
forth his relations with Mrs. Botkin and
also relating to the ANONYMOUS letters
are reckoned upon as evidence of heavy
weight and win be a feature of the case.
Another bit of evidence that has been
given much prominence is an affidavit
mace by Miss Lizzie Livernash, report
er Of the Examiner.
The statement is considered OF little
value to Chief Lees. The defense has
not considered 1t of sufficient Importance
to make provision against It,
Before the Governor the defense will
call no witnesses. but will rest Its case
on the numerous law points involved. In
case Governor Budd sees fit to grant the
requisition as prayed for, an appeal will
at once be taken to the Supreme Court
and. II necessary, carried to the Supreme
Court of the United States. The attor-
neys for the defense have decided to
finally establish a precedent for cases of
the peculiar nature of the present one.
Chief Lees said yesterday that his case
before Governor Budd might be weakened
by the non-arrfval of certain supplement-
airy aff1davits made by John P. Dunning
He has received word that the fresh eyf-
dence Of Dunning is not among the affi-
davits that will arrive this evening from
Dover and Is much worried at the pros
pect of proceeding without it.