The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-09-16
MAY NOT
EXTRADITE HER
Gov. Budd May Refuse to
Allow Mrs. B0tkin to
be Taken East.

buuu VIII icluSo tHu lCIuSSO VI WIZ Una
ware officials that the woman be turned
over to Detective MoVey and taken back
to Dover for trial.
Gov. Budd will base his refusal on var,
ious grounds. The first OF these Is that the
documents forwarded by the by the Della
ware officials are not complete and are il ..
legal. It's sought 10 obtain possession OF
the prisoner through simple recital, not
backed by n formal complaint
A section of tho California penal code
provides that where crime similar to
tho murder of Mrs. Dunniug Is commit
ted within conditions the reverse OF
those in the present case. tho victim
being q resident Of California and
the murderer resident of anoth-
er State. the latter could DO ex.
traditnd to this State ard tried for the
crime. Delaware, however, has no such
law, and doubt rs to the legality of extra
is such as to influence tho Governor
against granting it.
10 the prosecution today Governor Buld
cited Now York case wherein man was
kidnapped and taken to II certain place in
order that he mis- sht b, cxtradited. 1t was
charged that Governor Hin was Il party to
tbs kidnapping. Governor Budd said he
did not wish to place himself in the liao Of
such an accusation.
1t is probable that Mrs Botkn will bs
tri, here for the double murder.
The extradition hearing in the case OF
Mrs. Botkin began before Governor Budd
this morning and will DO continued to-
morrow. Technical points known to law
yers were encountered and it Is evident
that the questions involved will go from
the Governor 10 tho State courts and pos
sibly to tho United States Supreme Court
That will mean long delay OF tho actual
trial The difficulties that will be encount-
cred arc liable to prevent conviction. as
has previously occurred in similar cases
Governor Budd found n technical defect
in the demand for extraditon, Il sufficiently
formal complaint being lacking, but that
defect Is to overcome by the obtaining Of
new complaint from Delaware. Moro scr.
ious trouble will eDsue from the questions
Of law involved. Attorney Knight, the
defendants leading counsel sprang the
chief point involved today when he set up
the claim that Mrs Botkin was not II fug.
tive from justice The prosecution had
admitted this. The attorney cited a
strong decision in support of this conten-
tion. Assistant District Attorney Hosmcr
made an ablo argument on the fundamon-
tai points involved holding that Mrs. Bot.
kin could be taken back to Delaware,
though he had no court decisions to sup
port his contention, and this is tho knotty
problem in the Gaze that may result in tho
liberation of the woman accused of mur-
der through the agency of poison trans
mltted through the mails.
Governor Budd stated tonight that he
would not consent to extradition until the
Governor of Delaware guaranteed the ex-
ponses of all witnesses engaged for tho do
tense.
The requlsition from Governor Tunnel.
II Delaware, for the delivery of Mrs. Bot
Kin to Detective McVey, of that State. is
accompanied by a warrant sworn to by
John b. Pennington, father OF the murd-
red women, charging Mrs Botkin with
he mu rider Of Mrs Deane. Besides the
warrant nre numerous affldavits establish
ng tho murder of the two women. Oher
f,idtvlts give in detail the circumstance
# the caec. nearly all of which have here
ofore been published.
In sworn statement Mr.. Dunnng says
hat he believes the handwriting on the on.
elope OF the anonymous lettcr which
cached his wife in July, 1897 was that of
irs. Botkin. He could not identify tho
writing on tho box which con n'ained tho
andy, as he has not seen 1t. The only
ew point Is contained in the affidavit Of
David Green, q drug clerk. who declares
D June he sold twenty five conts worth of
rsanic to n woman who said she wantsd
for the purpose of bleaching straw hats.
Ter appearance, he said, resembled that OF
Irs Botkin.
Mrs. Cordelia Botkin and her attorneys
,r the defense claim that an alibi can be
Established covering tho period dating
ON the day Green claims he sold Mrs.
otkin arsenic to the day she was arrested
| Stockton
Dover Del, Sept 15.-It is expected
lat tho trial of Mrs. Corde!ia I}otkin
,arged with tho murder of Mrs. ]. d.
eane and Mrs. John p. Dunning, will
Ike place here in November.
The regular term of 'ho Superior Court
in October, but Mrs. Botkin will be
led In the Court of Oyer and Tcrminer.
o-morrow Sheriff Shaw, acting under
70 instructions of tho court, will issue
exclamation calling special torn of tho
,urt of Oyer and Termirer In October.
In expected that Mrs. Botkin will be ar
igned in court ut that time and the
urt then adjourned until November.
This is the intention of A Attorney .Gener-
lite, and no one hero has any doubt of {
RS Botl;in being brought here for trial.
spite tho efforts made by her counsel to
ep her in California. The state of Della.
arc Is entitled to the surrender Of the
oman and it is believed that she will be
back.
Deputy Attorney General Cooper has !
,eived from Attorney General White =
pies of photographs of the box Of candy, t
, handkerchief In the box and several
lcr articles Of evidence in the case The
otoginphs were taken In California. {
Beauty IN Blood Deep. /
clean blood means clean skin. No !
luty without it. Cascarets Candy Cathar. i i
clean your blood end keep it clean, by /
rring up the lazy liver and driving all i'm. i
rites fiom the body. Begin, today to !
nish pmp'es, boils blotchcs blackhcads, :
4 that sickly bilious complexion by taking I
scarets,-beauty for ten cents. All drug /
is, satisfaction guaranteed lOc, 25c. SOC. /
raf Daric. 4