The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-13
CHIEF LEES
NOT READY
TO PROCEED
Asks for More Time
in the Botkin Case.
THE HEARING TO Go OVER
GOVERNOR BUDD WILL HEAR
AFFIDAVITS THURSDAY.
Has Selected the Maple Room of the
Palace Hotel fer the Pur
pose of Holding the
Hearing.
THE HEARING TO GO OVER
GOVERNOR BUDD WILL HEAR
AFFIDAVITS THURSDAY.

Governor Budd will not pass upon the
matter of the extradtion Of Mrs. Cordelia
Botkin this morning The chief executive
of the State was ready TO receive the pa
pers upon which he must pass, but Chief
of Police Lees was not prepared in the
matter and asked that the proceedings
go over until later date.
He thought that the mass of aftidavtts,
which he has collected in this city, and
which are supplemental to those sent
from Delaware. would be ready for pre-
eentation tomorrow. This was not sat
isfactory to Governor Budd. Some time
since he set aside that day for a confer
ence at Sacramento with the directors OF
the various insane asylums throughout
the State. Men will be present from the
many public institutions, and the Cover
nor declined TO change plans formulated
for the meeting with them, thus putting
them to much inconvenience. 1t was then
determined 10 set the hearing for Thurs
day morning at 10 o'clock. In keeping
with his determination TO make the in
Quiry a public one, Governor Budd an
nounced that he had selected the Maple
Room of the Palace Hotel as the place
at which he would receive the affidavits
upon which the extraditlon proceedings
are based.
Chief Lees is resorting to every arti-
flee to get certain evidence before Cover
44CI bu4u- ne AStIS NIlol ne III AlOl lld ' Z
the right TO present witnesses al the in
Quiry and fears that his case against Mrs.
Botkin may thus be weakened.
Governor Budd is not sitting as a COM
hitting magistrate and therefore cannot
hear evidence as to the innocence or guilt
OF the party accused. He is acting in his
official capacity of chief executive of this
State and can only pass upon two Ques-
tons:
Is Mrs Botkin fugitive from justice?
Can she be eXtradited and sent TO Della
ware?
Chief Lees, suspecting that he will not
have the right TO present witnesses, Las
found way 10 lace this evidence before
the Governor 1t is understood TO be his
plan TO incorporate with the original ex-
tradition papers all the aftidavlts bear
ing upon the case that have been collected
in this State. These will include ali the
dispositions regarding Mrs Botkin's life
here, together with all the information
OF candy and of arsenic. By Ming all this
mass of testamentary evidence with Gov
ernor Budd Lees hopes that il will have
as much effect as II the witnesses were
It is believed that all this precaution
has been labor thrown away and that IT
will have no weight in the dis~osition Of
the case. 1t seems useless, because even
if the woman now held on the terrible
such evidence would not be admissible
at these proceedings. The Governor S
duty in the premises is merely TO receive
and pass upon a request from the Gov
ernor of Delaware, who asks that a
woman now in this State be extradited
for an offense alleged TO have been COM
mitted in Delaware. Thus he has but the
simple duty to perform-hrst, to deter
mine whether she IS Fugitive and, sec
ond, whether he shall order her extra
dition upon the showing made by the au-
thorities of Delaware.
Upon a request by telephone, 1 met
Governor Budd this morning for the first
time since the Botkin case opened said
Chief Lees yesterday. Through the
posed to lay before him Governor fun
nell's request for the eXtradition of Mrs.
Cordelia Bothdn and the evidence that we
have gathered, and II was with regard to
this that he wished TO talk.
He informed me that If l could be
ready by Tuesday morning he would be
willing 10 listen TO our case then, but
that unless we were he would be obliged
TO put it over until Thursday
LAS there are still some matters We
not possibly turn our case over to him
until Tuesday afternoon at the earliest,
SO he set Thursday morning as the date.
II asked him why Wednesday would
not do as well and he explained that
State matters of Importance would re-
quire his presence in Sacramento on that
day evening for the Capital and will re-
turn by the last train Wednesday night.
If possible 1 shall deliver the papers to
him just before he leaves"
Speaking of the case generally Chief
Lees continued: Those who look for
something sensational in the affidavit OF
JOnn +. ONnllnR Will De disappointed.
II is not of the Importance that has been
attached to il. In fact, 1 have several
from other sources that are of far moro
Importance and interest TO our case The
additional affidavits from Delaware ar
rived to-day, but until they have gone
into the hands of the Governor l must
decline to make them public"
Attorney Wheeler of Humboldt County
is chatting under the delay which has
characterized Chief Lees preparation OF
the case against Mrs. Botkin He came
70 this CITY the instance n -
and will play an important part in the
legal struggle which must ensue before
the end of the case is reached.
The attorneys for the defense were not
perturbed over the story published yes
terday TO the effect that seal and string
from Haas candy store had been found
in the room formerly occupied by Mrs
Botkin. They characterized II as a bold
fake, claiming il had no bearing on the
her apartment on August the room has
been thoroughly cleansed twice. and has
been occupied by a transient lodger: They
affirm that they have no fear OF the out
come OF the case. If Mrs. Botkin be ex
tradited on the evidence already produced
they contend that 1t will upset all the law
OF the country.
It has not been determined as vet
whether Mrs: Botkin will attend the pro
ceedings before Governor Budd Her
presence is not necessary, but she NAV
desire TO hear the evidence upon which
the police expect to send her to Delaware
TO stand trial on the double charge of
murder.
The defense believes that the discovery
of the half of a seal bearing the marx
of Haas on its face. has been made AT a
suspiciously late date. Evidence has pre-
viously been developed TO show that the
mysterious purchaser of the candy wanted
the box so arranged that she could nIeca
q present in with the candies In view
of this it is held to be unlikely that Miss
Heney and Miss Dittmer would place
waxen seal upon the knot of the string
with which the box was fastened
TIE DIIpcTtNN 0c