The San Francisco call., 1898-09-16

Botkin is a fugitive from the justice, of Delaware; has she ever been in that State?"
 This question of pointed significance perceptibly shocked the prosecution. MT Knight headed off an explanation from MT. Hosmer by saying that that was what he was trying to talk about, and that he not only proposed to prove that Mrs. Botkin was in no light a fugitive, but also that Governor Budd had no actual right to consider the requisition as 1t stood.
 ''It is backed up." said MT. Knight, this city, witnesses of whom Governor Tunnell knew nothing when he wrote that requisition. All that you can legally deal with is the evidence taken in Della ware by the order of Governor Tunnell |"
 Mir. Knight then took up the allegation that Mrs. Botkin is a fugitive from jus authorities he argued that unless a per son had been actually at the spot where the crime charged was committed, having afterward fled outside the State, he was In no light fugitive; that a person com m1tting a crime across State iine was constructively a fugitive from the State in which the crime was consummated he denied, and brought numerous decisions to bear him out.
 The fugitive theory was rapidly get ting to be warm one for the prosecu- tion to handle, and without help from any one Chief Lees got up and an- nounced that he had rather discuss the complaint, as it was the matter of first importance, and he asked that a continu- ance be granted until the matter could be satisfactorily strengthened out.
 TO this Governor Budd replied that un- til new and proper complaint was re- ceiVed from Delaware he could not fur lner consider the requisition. Governor Budd also required of Detective McVey that he procure from Governor Tunnell a written guarantee that, should extra dltlon be granted, the State of Delaware expense witnesses the defense to and from that State and provide for their maintenance while there
 The whole of the afternoon was con- sumeo by MT. Hosmer, who quoted and argued from authorities without end, try ing 10 substantiate his constructive fugitive" theory.
 Governor Budd made a number of strik- Ing points during the days proceedings. He showed that section ITS of the Penal Code Of California provides that had Mrs. Botkin mailed the box of bonbons In Delaware and persons were poisoned here she could be tried in this State. To re- verse the case, he stated that no law can De tound In Delaware under which, in the present circumstances, person could pc tried there; consequently, the alleged poisoner must be tried where the crime originated.
 The section quoted by the Governor reads as follows; When the commission of a public offense commenced without the State is consummated within its boundaries, the defendant is liable to pun ishment therefor in this State, though he was out of the State at the time of the commission of the offense charged. If he consummated it in this State through the intervention of an innocent or guilty agent, or any other means proceeding di- rectly from himself, in such case the ju- risdiction Is in the county in which the offense is consummated."
 The Governor also cited another Dela- ware law. He said If a crime begins in the most northerly county of that State and is not consummated until the most southerly county be reached, it must be icin rad The authorities of Delaware are trying to do the opposite in this case
 If parties in different States enter into an agreement, the moment that agree nent is mailed it goes into effect, as once It IS placed in the postotlice it has gone beyond the control of the person sending 1t. He can neither recall it nor follow it.
 The Governors wit bubbled over seV- eral times, briShtening the somber pro- ceedings. He took exception to the con- struction placed by MT. Hosner on a cer- tain legal decision, saying: 'I have done many brash things in my time, but never new went UP against the constitution of the United States, and 1 don't think want to do so now. You cannot construe laws to tt any particular case at your
 Chief Lees was present at the inquiry, apparently acting as prosecuting attor- ney. judge, jury and all, although 1t is generally supposed that his duty is only to apprehend criminals the courts doing the balance. He has recently said that he knew more law than all the attorneys in- terested in the case. When Governor Budd noted the marked defect in the papers, wherein they make recital of facts and not a complaint, there was a feeling of pity for the poor old Chief With all his point. Seeing the predicament of Lees, the attorneys for the defense waived this irTegularity, in order to soften the blow. Il o'clock this morning, and will bear solely upon the question of whether Mrs Botkin is a fugitive from the State of