The herald., 1898-12-31
Of Sending the Poisoned Candy
Through the Mail
FIRST DEGREE MURDER THE VERDICT
Ou Of Regard For the Sex Of the Prisoner the Gallant ry-
men Proceed to Fix the Punishment at
1mprsonne mt For Life
Associated Press Special Wire

Associated Press Special Wire
SAN FRANCISCO, Dec. 3O-Rathe to
the general surprise of those who have fol-
lowed the Botkin trial and to the entire
dismay of the defendant and her attorneys,
Mrs. Cordelia Botkin was tonight found
guilty of murder in the first degree for
causing the death of Mrs. John p. Dunnng
by sending a box OF poisoned candy to her
temporary home in Dover, Delaware. The
condemned murderess will be spared an ig-
nominious death on the gallows, however,
the jury that found her guilty imposing also
the penalty of life Imprisonment.
The verdict was unexpected. An acquit-
tai was confidently awaited by the defense,
while the prosecution feared disagreement.
Rumors had been in circulation to the effect
that several of the jurors strongly favored
the defense, and that their opinions were
too firmly grounded to be capable of change.
Although the jury was only out four hours
more than one of which was devoted to din
ner, it is currently reported tonight that
the verdict was the result of compromise.
The sex of the prisoner made such con-
clusion satisfactory to the jurors.
Considering the unexpectedness of the
verdict, Mrs. Botkin kept herself well in
hand when her fate was announced. Not
until the jurymen and most of the specta-
tors had left the courtroom did she give
evidence of collapse. Then she sank back,
half fainting, but speedily revived when
given glass of water.
The jury retired at Sis p. M, but soon
after was taken out to dinner in charge of
deputy from the sheriff's office During
the meal hour no reference was made to the
case by any of the men in whose hands lay
the fate of Mrs. Botkin. On returning to
the jury room the evidence was carefully
reviewed and a prolonged discussion fol-
lowed. 1t is not known how many ballots
were taken before final agreement was
reached, but there are rumors that at the
first the opinions of the twelve jurymen
were not in accord and that before unanim-
ity was arrived at a compromise was ef-
fected. At just about o'clock word was
sent to Judge Carroll Cook that the jury
was prepared to make a report. Court was
Immediately convened, and at 9:l5 o'clock
placed in its hands, the jury stated, through
its foreman, that an agreement had beer
reached, the verdict being that Mrs. Bot
kin, accused of killing Mrs. John P. Dun
ring by means of poisoned candy sen
through the mails, was guilty of murder il
the first degree. In accordance with tn
laws of California, which empower jur.
to decide between hanging and imprison
ment in such cases, the penalty was fixed a
Imprisonment for life.
While at no time during the trial had Mrs
Botkin expressed herself as anticipatin
such verdict, she received it with remark
able calmness, exhibiting no trace of emit
ton, though she sat close to. her sister, Mr.
Roberts, and seemed to look to her for syn
pathy.
After the jury had been polled in tn
usual manner, Judge Cook announced tha
sentence would be pronounced ON SATURDAY,
January 7th. He then remanded the prls-
oner to the custody of the sheriff, to be mn m,
prisoned in the branch county jail uh III
called to receive final judgment, when she
will be transferred to the state pehlteh-
| tiary.
The court room was cleared when, just
after Mrs, Botkin had announced 10 the
! denuty sheriff in clear voice tnat she was
readv to 90 with him to prison, occurred
~ onl,, son sational incident of the evening.
M oon damned woman was about to rise
,,.ban bar highly strung nerves seemed to
ra,a,1 49, and suddenly she fell back into the
anras of Mrs. Roberts. 1t was thought she
Iad fsinted but in moment a glass of
,,a ,''a.er revived her and she resumed her usual
appearance, though. the intense nervous
strain was still apparent in the twitching of
her muscles and the quick movement OF her
hands as her fingers drummed on the table.
In few minutes she apparently shook off
all signs of excitement and quietly accom-
panied the deputy sheriff from the court
room.
Late this afternoon District Attorney
Hosmer completed his argument in the case
of Mrs. Botkin, charged with the murder
of Mrs. John P. Dunning of Dover, Del, and
Judge Carroll Cook read his charge to the
Jury, after which it retired for deliberation.
The argument for the prosecution closed
with District Attorney Hosmcr's address.
Mr.. Hosmers method Of summing up the
case for the prosecution was in great var
lance to the threatening and cajoling eff
forts of Attorneys Knight and McGowan for
the defense. Mr.. Hosmer was cool and col
lected throughout. He modulated his voice
to a nicety and seldom spoke passionately.
The curious crowd that gathered in the
court room expecting to hear Mrs. BoAkin
grilled were in measure satisfied, but it
was Mrs. Botkin's attorneys and their
methods in the conduct of the case that Mr..
Hosmer made the principal point of his at
tack.
Mr.. Hosmer commenced his argument
with the incidents attending the arrival Of
the package of candy at Dover, Del, post
Office. He condemned the defense for in
sinuating that the package might have been
place in the mail bag by anyone connected
with the postoffice. He accused the attor-
neys of going behind the facts. He traced
the package TO the Pennington home and
its deliverey to unsuspecting Mrs. Dunning,
and the passing of the bonbons to the gath
cred guests, their sickness and the death of
Mrs. Dunning and her sister. Mr.. Hosmer
deftly pictured the grief of the parents and
friends of the Pennington and Dunning
families, and concluded with scathing at
tack upon the prisoner.
He took up the analysis of the candy by
Chemist Wolf of Dover, and Prof. Price Of
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