The record-union., 1898-12-31


rival of the vessel. He expounded this
theory with so much force and effect
that Knight, becoming frightened at the
possible result to his client, entered a
vigorous objection to Hosmers argu-
ment. He was not sustained by the
court, however, and Hosmer was per-
mitted to continue on this line
Mr.. Hosmer then argued on the au-
thorship of the anonymous letters and
the address on the box of candy. He
went over the evidence Of the experts
carefully and asserted that Mrs Bot
kin was the writer Of the letters and
had written the address on the box of
candy
Mr.. Hosmer concluded his address by
asking the jury to return a just verdict
"a verdict of murder in the first de-
gree.
After short recess, Judge Cook de-
livered his charge to the jury, the read
ing of which occupied more than an
hour
The jury then retired to deliberate on
the guilt or innocence of the accused
woman
Mrs. Botkin cried bitterly several
y, uuIlU2
reading of the charge almost lost con-
troll of herself. Her sister, who sat be-
side her during the progress of the
trial took Mrs. Botkin in her arms and
comforted her as best she could, but the
tears could not be stayed
The jury retired at 5:15 o. M, but
soon after was taken out to dinner in
charge Of a deputy from the Sheriff s
Office. During the meal hour no refer
ence was made to the case by any Of
the men in whose hands lay the fate of
Mrs. Botkin. On returning to the jury
room the evidence was carefully re-
viewed, and a prolonged discussion fol-
lowed. 1t is not known how many bal
lots were taken before a final agree
ment was reached, but there are
rumors that at first the opinions of
the twelve jurymen were not in accord,
and that before unanimity was arrived
at a compromise was effected
At just about 9 o'clock word was sent
to Judge Carroll Cook that the jury
was prepared to make a report Court
was Immediately convened, and at 9:15
o'clock, just four hours after the case
had been placed in it's hands, the jury
stated, through it's foreman, that an
agreement had been reached, the YER
diet being that Mrs. Botkin, accused
of killing Mrs. John P. Dunning by
means of poisoned candy sent through
the mails, was guilty Of murder in the
first degree
In accordance with the laws of Cali
fornia, which empower the jury to de-
eide between hanging and imprison-
ment in such cases, the penalty was
fixed at Imprisonment for life.
While at no time during the trial had
Mrs. Botkin expressed herself as an
ticipating such a verdict, she received
it with remarkable calmness, exhibiting
no trace Of emotion, though she sat
close to her sister, Mrs. Roberts, and
seemed, to- look to her for sympathy.
After the jury had been polled in
the usual manner, Judge Cook an
nounced that sentence would be pro-
-nounced on Saturday, January 7th.
r : then remanded the prisoner to the
CT stody of the Sheriff, to be imprisoned
in the branch County Jail until called
to receive final judgment, when she
will be transferred to the State Peni-
tentiary.
The court room was cleared, when
just after Mrs. Botkin had announced
to the Deputy Sheriff in a clear voice
that she was ready to go with him to
prison, occurred the only sensational in
cident of the evening. The condemned
woman was about to rise, when her
highly strung nerves seemed to relax
and suddenly she fell back into the
arms of Mrs. Roberts. It was thought
she had tainted but in a moment a
glass of water revived her, and she
resumed her usual appearance, though
the tense nervous strain was still ap-
parent in the twitching of her muscles
and the thick movement of the hands
as her fingers drummed on the table
In few minutes she apparently shook
off ALL signs Of excitement, and quietly
accompanied the Deputy Sheriff from
tie court room.
Mrs Botkin's lawyers do not propose
to accept the verdict of the jury as
final without making a strong effort to
obtain a. new trial and possible reversal
of the judgment. George A. Knight,
leading attorney for the defense. says:
Our first step will be to move for q
new trial on the day set for passing
sentence, or as soon thereafter as we
CdH U6 nGdIQ. IL lie 1ACW II lclI 10 QC-
MED. of course, we shall go to the Su-
preme Court, and at the same time We
shall raise the question of jurisdiction.
This court never had and never can
get Jurisdiction to try Mrs. Botkin. 1t
is a plain question of law, and 1 have
not the slightest doubt of the Supreme
Courts decision on that point"
Mr.. Knight also asserts that there
are numerous errors in the record,
which he thinks will enable him to
secure g. new trial for his client.
Attorney General White of Delaware,
in an interview, expresses his satisfac-
tion with the verdict, and commends
the jury for having done its duty.
The witnesses who came from Della
ware to testify in the case will start
for their homes tomorrow afternoon.