The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-09-19
A MANDAMUS
ON COY. BUDD
Proposed Efforts to Force
= CaIifOrnia's Executive >.
tOSend Mrs. BOtkin
to Delaware.

San francisco, CAL, Sept More
than one legal precedent may bs estab-
lished before 1t has bsen decided whether
or not Mrs. Cordoba Botkin comes within
the jurisdiction of tho Delaware authori-
ties. Those in this city who arc aiding
Governor Tunnel in trying to secure tho
accused woman for trial at D)vor hays
a plan to get a ruling Of tn, California
Supreme Court by mandamus on Gov
ernor Budd.
| This extreme measure will come only
in the event Of q fail ure regularly to extra.
dite Mrs. Botkin.
Chief Of Police Lees holds that when
he acts OH extradition proceedings ths
Governor of tho State Is not exercising
strictly executive function, but only an
* -otlicio prerogatiye.
Il do not contend. the Chief said, chat
we can take tho Governor officially into
court by q writ of mnudamu'. but think
we can mandamus james H. Budd as an
individual. Our desire is to havo this ques-
tion whether Mrs. Botkiu IS fugitive
properly determined by the Supreme
Couct."
Chief Lees aud District Attorney Hos
mer spent part OF the afternoon taking
counsel togsther relative to Irregularities
IN the rcquisiJion papers which Detective
McVey brought from Delaware. 1t Is their
intention fully TO post the Delaware at.
torney general on Governor Budl's objec-
tion to the form OF requistion In addition
to asking for now complaint aililavi:s
tending to show that Mrs. Botkin is e
fugitive will be required.
'It is our intention" said Chief Ices
ITO post the Delaware people on tho atti-
tudc of Governor Budd. tIe has given us
two weeks to get papers prepared, al
though he mads 1t plain to us last evening
what his decision would b,.
1--WE do no. want to consider tho sugges.
tion of trying Mrs. Botiin in California
for mixing poison with food. Such
charge would be entirely out Of keeping
with the enormity of the crime with which
she ie accused. What her counsel wants
/, to have us swear out complaint of this
kind against her. have no doubt thati
Mrs Botkin were charged here next Mon
day with mixing poison in food, her OF
tcrnoys would gladly advise her to plead
guilty and take her sentence. That would
be the end of the murder charge.
Despite tho utterances Of Chief of Police
Lees. 1t is lkoly that If Mrs. Botkin is
not extradi'ed she will DO tried in Cali
fornia on charge moro serious than that
OF mixing poison in food. In fact, 1t Is
known that the district attorney and Off
cials anticipate n decision of Governor
Budd already preparing to charge Mrs
Botkin formally with murder.
Dover, Sept. 10 Tho Delaware authori.
ties are much DISCUS: ed over tho turn If.
fnirs haye taken in San Francisco with re,
gard to tho extradition of MrJ. Botkin.
Secretary of State Hughes says that ths
Delaware authorities have honored many
acquisitions from Governors Of other
States, but that the most complete con-
talned no more than the second INSTALL
ment of papers which the Delaware
authorities sent to Governor Budd OF Call.
fornia, who now claims that the papers arc
defective A requisition instrument IN
writing, says Mr.. Hughes, Desds simply
to b. averring the offoase and Ger, iaoa:e
stating ttat tho defendant is not wanted
IN this State for debt An indictment, it
appears, is the only thing that will satisfy
the Governor Of California. The Kent
county grand jury proposed to indict Mrs.
Botkin for murder
The friendship of Governor Budd and
Mr.. Knight, one OF Mrs. Botkin's counsel,
is given as cause for delay, though it Is
expected that the Governor will eventual.
ly grant extradition.
'"That assertion about Ruaran nteeng all
expenses Of witnesses for tho defonse,'
said prominent Dslawarean to day, 'is
simply ridiculous. OF course, this State is
bound to give the accused a full fair aud
impartial trial even if it has to Issue bonds
to pay the claims.
Why know one man in this State who
would give $40, ,0oo If tho State would al
low, him to bring that woman to trial. 1t is
prcposterous to delay and withhold the
strong arm Of tho law on such EXCUSES.
Ii that Is done, every home in our little
State will stand In danger Of destruction
by the hidden assassin who stands across
the boundary line"
HUGHES LAsHES BUDD.
Secretary of State james Fl. Hughes
said This afternoon; Il have had consiL-
erablo experience in tho matter of requi-
siions in connection with this office, and
| say that we have complied with every
letter of law and custom. Wo have re-
ceived requisition papers from nearly
every State in the Union enst of and in
Guiding alike with the final papers We
havo submitted to California.
"As to the avorments in the warrant
they are idontically the same "a all .other
warrants. II must be remembered that q
warrant is not an Indictment. and 1t Is
not incumbent upon us to prove or aver In
n sworn warrant or complaint that Mrs.
Ida H. Deane wns human being. The
indictment, Of course will set forth that
fact, and everything else in the world that
LANGUAGE can express bearing upon the
case. Isupposo nothing short Of an in-
dctmenJ will satisfy Governor Budd."
GRAND JURY TO BE DRAWN TUESDAY.
The pro ecuting attorneys began to hus-
tie again as soon as it was learned that the
papers before Governor Budd had been
deemed inadequate Strong affidavits will
be presented to the Grand Jury. State
Chemist Wolfe, of Delaware College, came
to Dover to day, and made affidavit as to
arsenic in the candy. Sheriff Shaw said
that the jury would be drawn next Tues.
day.
rs.
CooncL il Boiling Fat.
New York, Sept l9.-FallinG from a
ladder upon which he was at work in
Eastman's abattoir, Henry Bartholdi
plunged into tank of boiling fat. He