The San Francisco call., 1898-10-25
Superior Judges in Bank Grant Her Application for Habeas
 Corpus in Part.
Question as to Whether She Can Be Tried Under Section 27 of the Penal Code
 to Be Decided Saturday.

Mrs Cordelia Botkin has won her fight
 against extradition to Delaware and il
 she is tried at all for the poisoning or Mrs
 John P. Cunning the trial must take place in the local courts.
 Such was the decision given yesterday
 by Superior Judges Cook, Wallace Sea
 well, Troutt and Borden in the matter of the writ of habeas corpus sued out Tn
 behalf of Mrs. Botkin by her attorneys,
 Messrs. Knight and McGowan The Judges in granting the writ hold that the Legislature has neglected to provide Tor such an emergency, for under the present law the defendant Is not a fugitive from justice, not having been in the State where the crime was consummated at any time.
 Mrs. Botkin, accompanied by her sister. appeared in court and listened attentlvely to the reading of the decision by Judge Cook Near her sat her attorneys, George A. Knight and Frank McGowan, while at another table sat Chief Lees, Detective McVey of Dover, District Attorney Hos 1ner and Attorney Chamberlain. The de- fendant appeared to be somewhat disap- pointed because no order was made Tor her release, while Chief Lees, MT. Hos mer and Detective McVey did not attempt to conceal their chagrin at the turn of affairs. The opinion, consisting Of nearly 5000 words was written by Judge Cook, and concurred in by all his associates In substance it is as follows:
 The facts in this case are few. The prisoner is held under a warrant issued by the Governor of the State of California Tor her arrest anu ana surrender to the State Of Delaware. She stands charged with the crime of murder, al legged to have been committed in the State of Delaware, and has been arrested as "a fugi- tive from justice The warrant under which she is held fails to find that she is fugitive from justice and 1t is admitted by all parties as well shown by the documents annexed to the Governors warrant that she was not cor cor pOrally in the State of Delaware at the time been there since, in fact that she was never corporally within the boundaries or Jurisdic- ton of that State. The documents annexed to the Governors warrant show that the prisoner is charged with having, while in California, sent by the United States mail to Delaware a box of poisoned candy which was partaken of by the person in Delaware to whom 1t was person. If these allegations be true, most heinous crime has been committed, de law, and If legal way could be found to send the prisoner to her trial there it should be done The court has lapored earnestly to like all citizens. has certain rights, which have been preserved to her by our constitution, which cannot be violated.
 When the Government of the United States was formed the framers or its constitution as well as the framers or the articles Of confed- eration which preceded 1t, made certain pro- visions for the surrendeTing of criminals by one State to another. The articles of con federation. the constitution, the statute passed by Congress to carry the constitutions! pro State passed to aid in carrying them into eff feet, all provide for interstate rendition of fugitive from justice but the provisions of each specific and positive
 In the articles of confederation find the following language used:
 The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union the free inhabitants of each of these States, paupers, vagebonds and fugitives from justice excepted, shall be entitled to all the privileges and inn munities of free citizens in the several States. If any person guilty of charged with treason felony or other high msdemean- or in any State shall hee from justice and be found in any Of the United States he shall upon the demand of the Governor or executive power of the State from which he fled be delivered up and removed to the State having Jurisdiction of his offense. .-Article 4, articles of confeder- ation.
 In the Federal constitution the language is as follows:
 "A person charged in any State with treason. felony or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority, of the State from which he fled, be delivered up to of the United States.
 subject reads: Whenever the executive of any State or Territory demands any person e~ a of any State Territory to which such per has fled, and produces a copy of an indict- ment found. affidavit made before magistrate of any State or Territory charging the person demanded with having committed treason. felony or other crime, certified au- thentic by the Governor or chief magistrate of the State Territory from whence the person so charged has fled, 1t shall be the duty of the executive authority of the State Territory to which such person has fled to cause him to be arrested and secured and to cause notice of the arrest to be given to the executive authority making such demand or to the agent, etc."2 Section 527S, Revised Statutes of the United States.
 And the State statute which follows almost verbatim the constitution of the United States is in the following language:
 States with treason, felony or other crimes who fees from justice and Is found in this