The herald., 1898-12-31

contentious that members OF the police do.
partment or even the chemists themselves
might have inserted the poison to make out
a case. He pointed out that chemist would
have found lump arsenic and that Prof.
Price had discovered the presence of pow
dered arsenic. The defense in argument az.
serted that only lump arsenic had been
found
Mr.. Hosmer addressed the jury on the
rights of witnesses. lie contended that all
witnesses were entitled to respect and credit
until disproved, and none of the witnesses
for the prosecution, he asserted, had been
proved untruthful. The attorneys for the
defense attacked all the witnesses for the
the prosecution and introduced matters en-
tirely irrelevant to the case in an attempt
to besmirch and to belittle their testimony.
He attacked Attorney Knight particularly
and characterized his efforts to free his
client as dishonest and despicable. He as
serted that the attacks of the defense had
ended in naught, that not one witness had
been contradicted. He then took up
Mrs. Botkin's testimony. He showed that
in spite of Mrs. Botkin's statements and tho
assertions of the defense to the contrary,
| the woman had more than a passing no.
gard for Dunning; that her life with him
was hcentious and depraved. He pointed
to Dunning's action in coming across the
continent to prosecute her, and asserted
| that Dunning would not have gone through
with what he had unless he was certain of
the guilt of Mrs. Botkin; Chat he would not
have disclosed their relations and been ex-
posed to the criticism of newspapers and
the public without just reason.
He took up the letter of June II, 1897
which the defense claimed had been mailed
! in this city at the time Mrs. Botkin was re-
siding in Eureka, Cal. The letter asserted
that Dunning was financially embarrassed
and that the woman with whom DunMng
was infatuated was a divorced woman. He
proved by Mrs. Botkin's own testimony
that she and Dunning alone knew of his
financial condition, and showed by the tes
timony of Dunning that Mrs. Botkin had
told him on his return from Salt Lake that
she had secured a divorce from her husbana
4 during his (Dunning's) Absence. "
Hosmer argued that the letter in de
Il lcould have been sent from Eureka ne
Francisco on the steamer Faralk anu ~
mailed here on the arrival of the ye'ei. he
expounded this theory with 50 nscn 10Y.
. and effect that knight, bsecrfng fright
i ened at the possible result teIhs chent' en-
. tered a vigorous objectidn to hosmers ar
oument. He was not snstsined by tine COURT
: however. and Hosmer Fsc permitted to con-
Mr. M n Hosmer ifhen argued on the author
!, ..:., .s ~ = orouymous letters and the ad-
sn,p a,aa.. =. ~ a. box Of candy. He went over
!. 81 o,,;dsnce of the experts carefully and
!. s.sJ sne thst Mrs Botkin was the writer
as' ~ H. letters and had written the address
/, or tbe box of candy.
Mr Hosmer concluded his address by
I.st;ne the jury to return just verdct-a
verdict of murder in the first degree.
i After short recess Judge Cook delivered
1 his charge to the jury, the reading of which
occupied more than an hour. nne jury then
retired to deliberate on the guilt or inno-
cence of the accused woman. Mrs Botkin
cried bitterly several times during the day
and during the reading of the charge almost
! lost control of herself. Her sister, who sat
beside her during the progress Of the trial,
| took Mrs Botkin in her arms and comforted
her as best she could, but the tears could not
be stayed.
Mrs. Botkin's lawyers do not propose ia
accept the verdict of the jury as final with.
out making strong effort to obtain new
trial and possible reversal Of the Judgment.
George A. Knight, leading attorney for
| the defense, says:
"Our first step will be to move for new
trial on the day set for passing sentence, or
as soon thereafter as we can be heard. X
the new trial is denied, Of course We shall
90 to the supreme court and at the same
time we shall raise the question OF 1uris-
diction. This court never had and never
can get jurisdiction to try Mrs. Botkin. 1t
lis plain question of law, and have NOT
the slightest doubt of the supreme courts
decision on that point"
Mr.. knight also asserts that there are
numerous errors in the record which ne
thinks will enable him to secure new trial
for his client .s.
Attorney General White Of Delaware, in
an interview, expresses his satisfaction with
the verdict and commends the jury for hav-
ing done its duty.
The witnesses who came from Delaware
to testify in the case will start for their
homes tomorrow afternoon.