Evening journal., 1898-08-29
MRS. BOTKlN FIGHTING
Through Her Attorneys She
Applies for a Habeas Corpus.
THE CASE WAS ARGUED TODAY

III VAHh "Ao AhdUhD TODAY
MouaE EVIDENCE AND NEW
RDQUdSgTuoN PAPERs WILL RE
SENT TO sam FRANCISCO BY
ATToRNEY-GENERAL WHITE
TODAY.
Dover, August 9.-Attorney- General
White arrived here this morning with
the affidavit OF Miss Josephine Bate-
man, who SAW Mrs. Dunnlng and Mrs
Deane open and eat the poisoned
candy which killed them. This ami
davit will be added to those taloen
out Saturday and certified to by the
prothonotary. AL the evidence was att
tached to new reQuisition papsrs and
sent AWAY at noon by registered ex
press package to San Francisco.
The state prosecutors here are said
to have made arrangements by wire
with the California authorities 10 the
effect that II thsre is any doubt In the
municipal judges mind that the eyi-
dence is not sufficient to bring Mrs.
Botkin across the continent, the hear
ing ON extradition will be hsld I'D long
enough to allow the general
and his deputy to reach there with
new evidences. They have decided
upon two important questions FOR TO
day. First That Deputy Attorney-Gen-
eral Cooper will not DE sent out this
time, and second that the hamdwrit-
ing eUperts viii be saved for the final
trial. This was decided by the states
attorneys ON the ground that they have
enough circumstantial evidence at It is
10 demand a requisition from any jus
tics OF the peace. Detective MuVey
will keep in constant touch with the
attorney general by wire, and the de-
tective will ask that he he allowed a
wick to work up his case in concert
with the San Francisco authorities.
The attorney-general has great con-
fdence in the detectives ability, the
latuer having made a reputation here
last year by bringing about a speedy
conviction and execution OF James
Gordy, the Sussex county farmer who
murdered the New York woman, Mrs.
LEWIS.
Miss Dunning, sister-in-law OF the
murdered woman, Is here taking care
of little Mary, Elizalbeth Cummings
daughter whom the poisoner also IN
tended to strike down.
MRS. BOTI1IN FIGHTING.
A sam F'rancisco dispatch OF yestsr-
day says: Attorney Frank MCGOWAN
yesterday applied 10 Superior Judge
Cook for al writ OF habeas corpus 70
procure the relsase from prison OF
Mrs. Botldn. The application alleges
that Mrs. Botl1in is unlawfully de-
tanned in prison and deprived OF her
liberty by the chisf OF police; that no
public offense has been charged against
her in this state. and that she Is not
a fugitive from Justice.
The hearing OF the application has
been set for this morning AT thai
time the chief OF police will have &c
/ Justify his action OF arresting Mrs
|, Botkin. II the writ OF habeas corpus
be dismissed the attorneys will tal0i
their next stand before Governor Budt
TO prevent him from signing the man
t daae of extradition. If they fail II
uhat George "a. Knight will 90 to Del
= aware with his client and defend hei
: shbbOrnly in the criminal courts o
that state. All the shifts and turning
Of the law viii be sent to the add o
Mrs. Botkin. Such appeals and collat
eral proceedings as the Delaware law
permits wiz be invoked before tn,
execution OF the final Judgment agains
the defendant. Mr.. Knight will con
tend that since Mrs. Botkin Is not .
fugitive from justice her extraditiol
cannot be granted. The purpose OF ex
tradition is to return to the jurisdic
tion any alleged criminal who hes ne
b into another jurisdiction. It cannot b
said that Mrs. Botldn fed from Della
ware, since she never resided there.
i Acting District Attorney Hosme
r viii, on behalf OF the Delaware authori
, ties, resist the efforts OF Mrs. BOtkin'
= attorneys to secure her freedom II
= was In consultation with Chief Lee
for several hours yesterday going owe
= the evidence so far gathered by loca
y police. At the conclusion OF the cor
ference Mrs. Hosmer said:
u "The people viii oppose releasin
9 the accused woman. She was arreste
. on a warrant duly issued on swor
y complaint, and is. therefore. With
le the hands Of the law. But one poir
Is raised in the petiton-that Mr.
/ Botkin is not extraditable b.cause sh
a is not fugitive from justice. Her a
v torneys contend that she has nevt
" been in the Stats OF Delaware an
therefore cannot be a fugitive. W
contend that she is. Chief Lees lsg'
adviser has suggested means by whdc