The sun., 1898-12-12
|PHASE IN B0IK|N CASE
ayer Alleges State Of Cali
hrnia Has No Jurisdiction
Over the Crime.
fTORNEY HOSMER'S OPINION
NJ Claims the State Has the Right
to Prosecute and Gives His
Grounds:-What A ssistant
Attorney General
Cooper Says.
fTORNEY HOSMER'S OPINION
special to THE SUN.

kI Sleclhi W 1HE Gun.
n SAN Francisco, CAL, Dec. 1.-THE
Y trial of Mrs Cordelia Botkin, charged
with numbering Mrs. John p. Dunning
and her sister, Mrs. Deane, of Dover,
Del, by sending them poisoned candy,
Y may not proceed with as much ex-
\ pedition as the prosecution and the Della
\ ware witnesses were led to believe.
| When the prosecution concluded its
opening statement to the jury on We'd
| nesday the case was scheduled to begin
on Monday.
There is now prospect that the
famous trial will be delayed several
days this week until the State Supreme
Court can decide whether the California
courts have jurisdiction to try the ac-
cused woman. Louis p. Boardman.
who was one of Durrant's attorneys,
and acting as attorney for W. L..
Harper, citizen and taxpayer, yester-
day applied to the Supreme Court for an
injunction restraining Judge Cook, Of
the Superior Court, from continuing the
trial on the grounds that the State has
no jurisdiction over the crime charged to
Mrs. Botkin, and is, therefore, not COM
petent to try her for the murder of Mrs.
Dunning.
The petition to the Supreme Court was
filed after consulting with the Treasurer
elect and Auditor-elect of San Francisco.
The petition alleges that the proceedings
will be ineffective il allowed to go on,
and that the city will be put to useless
expense,
To try her, he says, is to spend con-
siderable money needlessly. As attorney
for Harper, he objects to the waste of
public money and intends, he says, to
prevent the expenditure of money on
the trial.
Boardman presented his petition to the
Court yesterday afternoon, but no action
was taken, the Court not even setting
date fora hearing. The trial will go on.
tomorrow, but may be stopped should
the Court rule that the State lacks jurs-
diction.
Assistant District Attorney Hosmer,
who mas charge of the prosecution, said
Il believe the State has jurisdiction
from the fact that the statutes provide
that person may be tried in this State
for any crime committed wholly or in
part Of the State.
"Now, this crime was committed
partly in this State, and so if we have no
jurisdiction under the general law, we
have under this statute. This law vas
passed, l think, to fit just such crimes as
that charged against Mrs. Botkin.
Should this matter be prevented by the
Supreme Court, think the view l take
will be accepted. Indeed, believe the
Supreme Court will leave the question to
be passed upon by the trial court"
The Supreme Court has already de-
cided that Mrs. Botkn could not be ex-
tradited on charge of murder. The
petitioner intimates that the money al
ready expended for the transportation
and care of the Delaware witnesses about
$4,000 was illegally spent.
1t is now recalled that during the i'm
panelling OF the jury the attorneys for
the defense were rather Indifferent as to
the jury, and they did not seem to be
disturbed when the prosecuting attorney
made his opening address. All along
they have encouraged their client, and
told newspaper men that Mrs. Botkin
would never be convicted of murder in
this State.