The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-08
Extrodition Proceedings against
Mrs. Botkin Will Be Held
in. This City.
Matters Of Fact as Well as Of Low Will Be
Copsidered-Tbe Police Are Engaged
in New Search.

The next important step in the prose-
cution of Mrs. Cordelia Botkin will
have national interest. 1t will be
the effort of the authorities of this State
and of Delaware to send the woman TO
Dover where her alleged victims died.
In this phase of the case Governor
Budd must decide. He has nc prece-
dent to guide his decision and neces-
sarily must act as his own Judgment
dictates The Governor and the Chief
of Police have been in consultation over
the matter and it has been determined
to hold the proceedings looking toward
extradition in this city and not at Sac
ramento.
The importance. of the case and the
tremendous issues involved make it ad-
visable to hold the inquiry where the
available witnesses may be easy of ac-
cess. From the conferences already
held it Is clear that the entire case and
! not only it's legal aspect Will De re-
viewed by Governor Budd. Mrs: Bot
kin will be practically on trial before
a tribunal that can neither condemn
| nor acuuit her. The Governor Will In
sist upon knowing the character OF the
| evidence arrayed against her and also
! that which has been gathered in her
defense Such knowledge will be neces-
sary to determine properly the issue OF
/ eXtraditiOn.
1t is argued that If this were not done
| a possible If not a probable injustice
would be done to the woman. Her case
has risen to the dignity of national I'M
portance. AS the issue of extradition
| is determined for or against her, so 1t
will be for all others who may be con-
! ditioned as she is. The commission OF
a murder 5000 miles away, across con-
tinent and a score of great common
wealths was one of the contingencies
not thought of and consequently not
provided for by national legislators.
Governor Budd will settle the question
so far as California is concerned, ana
his decision will act as precedent Tor
the chief executives of other States.
When the application of the authori-
ties of Delaware for extrad1t1on is pre-
j sented to- Governor Budd 1T viii con-
7 tain two assertions that must be dis
cussed and maintained. The extradi-
ton papers will declare that a murder
has been committed at Dover by Mrs.
Cordelia Botkin and she is a fugitive
from justice. Both Of these points must
be sustained.
1t is argued that If no evidence
other than that of the extraditton pa
pers were presented Governor Budd
| must deliver the accused woman to
the officer from Delaware. The chief
| executive under such circumstances
could not go behind the record, which
| insists that a crime has been COM
mitted by Mrs Botkin and that she is
a fugitive from Delaware.
For this reason testimony covering
both issues will be submitted to Gov
ernor Budd. The police have been
busy gathering facts and suspicious to
sustain the charge of murder. This
testimony will be given to Governor
Budd through Assistant District Attor-
ney Hosmer and the defense will be
| given an opportunity to combat 1t
| through George A. Knight, Frank Nc
Gowan and Charles Wheeler The sec
ond issue, that of flight from Della
ware, will then be discussed in the first
| place as a question of fact and in the
second as a problem of law. The mat
j ter of fact whether or not Mrs. Botkin
| actually committed the murder in
Delaware and subsequently fled from
that State will be discussed before the
| question of jurisdiction Is entertained.
The discussion will be extremely in
teresting, for it will be the practical
presentation of the case of facts for
and against Mrs. Botkin and discus
sion of the great legal issues involved.
The prosecution will insist that Mrs.
Botkin be extradited on the ground
that if she is not there may be COM
piete failure of justice in her case in
this State The District Attorney will
argue that the Supreme Court of this
State may decide that California has
no Jurisdiction in the matter In the
event of conviction such a decision by
the appellate court would set the ac-
cused woman at liberty, even If she
were convicted. She could not then be
tried in Delaware, as the law of every
State and of the United States declares
that no one may be placed twice in
Il jeopardy of life.
1bof M
to show that Mrs. Botkin was con
structively present" in Delaware when
. the murders were committed. The law
of extradition the attorneys claim, must
be read literally and If that be the case
it will be an easy matter to prove that
the woman was In this State and not in
Delaware and consequently could not
have fled from the latter place. Upon
the same ground, it is argued, the prob
lem of extradition will rest, for 1t is in
Issted that the essential features of the
murder were committed here although
the victims of the poisoners hate died
in Dover.
The proceedings before Governor
Budd will not coml- -ence before Mon
day. The Governor would have been
able to receive the application to-day
but Chief of Police Lees announced
that he would not be ready to present
his side of the case. Governor Budd
week, so the whole matter will be
postponed until Monday. All of the
necessary witnesses, whose testimony
may be required. will be ordered to at
tend. All of the affidavits taken in this
State and in Delaware will be SUBJ
mitted. The dc ,nse will introduce
enough testimony to combat, as it be-
lieves, the position taken by the detec-
tives and the public prosecutors. 1t is
probable that the hearing will occupy
more than one day.
The police are active in a new search
for evidence. The testimony against
Mrs. Botkin, although strong in GER
tain circumstantial aspects, is not what
keen prosecutor might reasonably de-
sire. The detectives have striven to
trace everything of evidence to it's
source. They sought to find where,
when and by whom the box of candy
was purchased. They tried to locate
the sale of the handkerchief and the
purchase of the poison. The box, candy,
wrapper and handkerchief have been
identified. There is in the partial iden-