The San Francisco call., 1898-10-06
.EXTRAD|TION
 GRANTED WITH
 LIMITATIONS Governor Allows the Botkin Warrant. BUT UPON TWO CONDITIONS THE CASE MUST FIRST GO TO THE SUPREME COURT. Chief of Police Lees Makes Sensa- tional Statement of His
 Peculiar Inten-
 tions.
BUT UPON TWO CONDITIONS
THE CASE MUST FIRST GO TO
 THE SUPREME COURT.

At a hearing held yesterday in the chambers of Attorney General Fitzgerald, Governor Budd granted the reqmsltlon for Mrs Cordelia Botkin prayed for by Governor Tunnell of Delaware; but the operation of the Governors warrant Is deferred to such time as both prosecution and defense shall come together in amlty and friendship and make unto the eXecu- tive mutual promise upon two vital points.
 The first of these is: that upon the is- suance of the warrant the defense shall at once apply to the Supreme Court for a writ of habeas corpus in order that that tribunal shall determine whether or not Mrs Botkin is a fugitive from the justice of Delaware and, of consequence, extra ditable. The second: that the prosecution shall make complaint charging Mrs Bot kin with murder done In this State in such terms that it can be settled upon demurrer whether or not Mrs. Botkin Is triable in this State for the crime al legged against her.
 Tn other words the Botkin extradition problem is precisely as 1t was before the Governor granted eXtraditiOn with the exception that the Supreme Court and not Governor Budd shall bear the respon- sibility of deciding the matter. The sit nation was ably summed up in the Torcl- ply expressive language of Chief Lees, who said to Detective McVey when that gen. tleman asked the Governors s permission to telegraph the good news home, IVY hy, Mac, that ain't worth d., the whole thing is in escrow They are a-puttfng us in an artesian we'll
 In explaining his action Governor Budd said:
 T have carefully gone over this mat ter and two questions have been upper most in my mind. F1rst-CouId Mrs. Bot kin, never having been in Delaware, or,
 rather, not having been in Delaware at
 tive from justice? and second, if she did the acts charged against her, is she or is she not punishable for murder under the laws of the State of California?
 Section 27 of the Penal Code provides
 that a person is punishable under our
 laws who, in whole or in part, commits
 crime within this State. And under this section l am of the strong opinion that if Mrs. Botkin be guilty of murder she. might be tried and punished here Tn case l Issue d requisition the at torneys for Mrs. BOtkin may immediately submit the matter either to the Superior | Court of this State or the Supreme Court both decision as to whether or not the ! facts justify eXtradition. If, on the con- trary, l refuse to issue my warrant, any further inquiry as to the rights of extra dttion must cease, as there is no power in ! the courts to review my refusal on the right to eXtradite."
 George Knight for the defense agreed, | though he said that in throwing the mat ter into the Supreme Court he closed be- | hind him the doors of every Superior Court in the State, should he have occa- sion to go into them on habeas corpus proceedings.
 Chief Lees, for the prosecution, refused to agree to bring complaint in this State,
 upon the ground that the trial of Mrs Botkin here Is just what the defense is
 Lees refusal gave him an opportunity to talk and he took advantage of 1t to unbOsOm himself of a threat that was, to say the least, peculiar. Said he: 'I want to tell George Knight that if he attempts to drag me into every court in this State on habeas corpus. I'll get this woman out of the State anyhow. All the courts could do to me if 1 did 1t would be five
 days in jail and $500 fine and 1 guess could stand that"
 Governor Budd wheeled round in his chair and retorted, Lees, if you try to spirit this woman out of the State while this matter Is pending I'll withdraw my warrant and have you arrested for abduction before you are across the line" Lees subsided.
 Governor Budd then requested Attorney General Fitzgerald to look up authorities and a method of discovering some means for having the Supreme Court decide the Attorneys Knight and McGowan, Chief Lees and Attorney General Fitzgerald will call upon the Supreme Court Justices this morning to learn if that body will hear the petition of the defense for a writ of habeas corpus in bank instead of re- ferring 1t back to some one of the Supe- r1or Courts.
 Governor Budd will issue the extradi- ton warrant as soon as some plan for fu- ture procedure has been decided upon be- tween defense and prosecution.