The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1898-09-03
liAsEAs CORPUS FOR MRS BoIkiH
e Released Saturday hut Must Re.
tnrl, to Old Quarters
|S trnN Inv i

49,
turH to Old Quarters
Today.
San Francisco, Aug. 3e.-Mrs. Cor
della Botkin was allowed to 90 at lib
erty until today.
Her counsel Saturday began a legal:
fight in her behalf by filing an afi-
davit and petition for a writ of habeas
corpus. Upon its filing Judge Carroll
Immediately ordered 1t made return
able before 10 o'clock today.
Attorney Frank McGownn was the
petitioner on behalf of Mrs. Botkin.
The petition stated that Mrs. Cordelia
Botkin was Illegally restrained of her
liberty by Chief of Police Lees; that
she had been arrested on complaint of
Detective Gibson, an emissary of Chief
Lees, who charged her with murder,
and that for several days she had been.
held in prison without warrant of law
or justice.
The following reasons were given il
support of the contention that Mrs
Botkin was Illegally held and deprived
of her liberty:
"Frst-It (the compluint) does no
charge a public offense under the law,
OF the state of California.
"Second-It attempts to charge .
public offense on information and be
lief.
"Third-It does not charge. al.ege
or show, either us allegation, fact o;
Inference, that on the 11th day of Au
gust, 1895. or ut any time before o.
since said date said Cordelia Botki1
was in the state of Delaware or Il resi-
dent thereof, or that she fled there
from after the alleged commission o
the offense described in said ALLEGED
complaint, or that said Cornelia Bot
kin ever fled from the state or Della
ware or became o was a fugitive from
justice in the state of California;"
h affidavit further states tina
Mrs. Botkin was not in Delaware O,
the date of the murder and was nevc
in Delaware, but that she has bcen
resident of California for many years
1t is not believed that the nuthori
ties Will have any trouble in extradit
ing Airs. Botllin. The point that sh'
is not n fugitive from Justice has al
ready been decided in other cases
where persons have been sent TO
from n distance. But ever If she can
not be extradited she may be trie.
here for murder under that section o
the criminal code which provides tina.
a crime committed either wholly or il
part within this state is triablc here
but If necessary it will be done.
Friends of John p. Dunning in thi1
city are coming to his aid with kind.
~ words in published interviews
Heretofore he has been held up to TIL
world as a profigate and ne'cr-do-wcll
unworthy OF sympathy. For many
years punning wa employed in this
city by the Associated Press. He wa
an able newspaper man, as he demon.
stratcd when he went to Samoa DUR
ing the trouble in that little island,
and the whole world read and appre.
ciated his graphic account of the de-
struction Of our men of war in tho
harbor of Apia by the terrible tor
nado of 1850. Dunninp was the only
newspaper man on the ground, and
his report of the sinking of the war
ships, with the bands playing and
the stars and stripes afutter, was q
classic.
Dunning's long and faithful service
was rewarded by steady promotion un.
ii! he became the manager of the Asso.
ciated Press office at San Francisco.
Subsequently he became involved in
financial difficulties and lost his posi-
ton. Then came enforced separation
from his wife, not from any domestic
trouble, for they were devoted to each
other, but as a result of his reduced
circumstances. Dunning was out of
employment and could not support his
wife in San Francisco until he once
more got on his feet. Mrs. Dunning
therefore went east to live with rela-
tives, and for a long time her husband
had the hardest kind of luck.
1t was at this time that he met
Mrs. Botkin. She knew of his trou-
bles and sympathized deeply with him.
She forced money upon him, and she
was evidently well supplied, while he
was in desperate straits, he accepted
it. He could not have been less than
grateful, and u warm friendship re-
suited. The woman led and he fol-
lowed. There is no doubt that Dun
ming was devotedly attached to his
wife. Every day of their separation
she wrote to him long and loving let
tiers, and every day he responded. He
was guilty of no neglect that could
have been avoided. For the rest he
was frank enough with his friends,
and never sought to shirk responsible