Middletown transcript., 1898-10-29

United States Senate, Will De tn6 dlrecI
result Of Henry A. DuPont's work for
revenge. e.-MilfJrd Chronical.
MRS, BoDKIN WINS ONCE MORE.
THE SUPREME COURT OF CALIFORNIA
DECIDES SHE Is NOT A FUGITIVE
FROM DELAWARE.
Mrs. Cor ella Botkin will not be ex-
tradited to the State of Delaware. Ii
she is to be tried for the murder of
Mrs. DunniLg and Mrs. Deane, the
trial will take place in California. Such
wa the conclusion reached by Superior
Judges Cook. Wallace, Seawall, Trout
and Bonden upon the writ of habeas
corpus sued for by Mrs. Botkin's attor-
neys.
The decision was rendered Monday.
There yet remains the question Wheth-
er cr not Mrs. Botkin can legally be
held for trial under section 29 of the
penal code, which gives among persons
liable to punishment under the laws Of
California all persons who commit, in
whole or in part, any crime within that
State.
Upon the construction of this section
Judge Carroll Cook alone will hear ar
gument. No final order was made on
the writ Monday. Judge Cook merely
ordered a continuance until Saturday.
The five judges in holding that Mrs.
Botkin cannot under the law be extra
dited, simply decide that the Legisla-
ture has omitted to provide for just
such cases Of that Of Mrs. Botkin. Un-
der the law as it now stands she is not
fugitive from justice, having never
set foot in Delaware; nor is there any
way in which she can be extradited.
The judges sag that this omission can
be rectifled by an act of Congress, but
until this is done the law must be held
defective in this respect. All parties
interested we're in court when the de-
cision was given.
The opinion of the court was written
by Judge Cook and concurred in by all
of his associates. Judge Cook read the
decision. which covered fifteen pages of
typewriter matter.
TOGO TO THE SUPREME
COURT
The decision of the California Su-
preme Court to grant the writ of habeas
corpus, thus releasing Mrs. Ada G.
Botkin from process of extradition,
Delaware jurists and the authorities
think, is delicate question.
Mrs. Botkin being a constructive
fugitive, the State authorities were
afraid that the California court, follow
ing out the general attitude in that
State, would decide adversely to this
States interests. 81 Detective McVey
was instructed Immediately to enter an
appeal t. the Supreme Court Of the
United S5ales through District Attor-
ney J. "A. Hosmer, of San Francisco.
This makes tn Botkin case one of
the most famous in criminal archives.
Whenever the question uf being a con
struci i've fugitive from justice under
the Federal q institution comes up be-
fore that cDart it will involve the safe
guarding Of human life IN the various
States against the sending Of bombs,
poison or other death-dealing matter
from one Staie to another.
In An interview Monday night Judge
Grubb stated that if the United States
Supreme Court shall be unable to place
a construction to this effect on the
clause Of the national Constitution in
question then that Constitution must
either b. appropriately amended or else
all the respective States Of the Union
must enact laws providing adequate
punishment for those who forward.
deadly matter from one s ate to another
by mail aud cause death by SO doing.
The decision Of the California court
is on The habeas corpus proceedings in
which Bernard J. McVey, representing
the State Of Delawars, is respondent.
The decision orders the discharge Of
Mrs. Butkin on the habeaa corpus writ
on small surety bond for the alleged
sending Of poison through the mails.
McMBy, as respondent, Immediately
gave notice Of an appeal and was allow
ed the customary number of days to
prepare the same and enter the approved
surety. Meantime, Mrs. Botkin must
remain in prison.
Ii will mean six months battle,"
said Deputy Attorney General Cooper,
"but We mean to 60 right ahead.D
The appeal will be taken on two
grounds-frst, against The ruling that
she Is constructively nota fugitive from
justice, and second, upon the courts
review Of Governor Budd's decision to
grant the extradition.
AS Mrs, Botkin must be brought to
Washington under a ruling Of the
judges. when liza beas corpus proceedings
or appeals are ,aken, there is every rea-
son for the Delaware authorities to take
heart in the light.
The burden Of proof and argument
now rts } entirely up)n the Delaware
authorities, and the California prosecu-
tore, who have 50 faithfully fought for
this States interests, will be relieved
Of further responsibility as soon as the
proper steps for an appeal are taken
within The eighty days prescribed by |
law.