The record-union., 1898-09-11
viii Likely Be Heard by eovernur Budd on
Tuesday.
Unless Police Have Some Evidence
Which Has Not Yet Been Dis
closed, They Can Produce No
One to Swear That the Fatal
Box Of Candy Was Mailed at
San Francisco.

SAN FRANCISCO, Sept. 1O.-The
question of the extradition of Mrs. Cor
della Botkin for the murder Of Mrs.
John P. Dunning and her sister, Mrs.
Deane, Of Delaware, will doubtless be
brought to a focus on Tuesday, when
Governor Budd will hear the testimony
of the prosecution and argument Of the
defense against sending Mrs. Botkin to
Delaware to stand trial for the crime.
The papers are almost ready and by
Tuesday Chief Of Police Lees and De-
tective McVey expect to be fully pre-
pared with their side of the case.
Mrs. Botkin's attorneys are prepared
to combat the attempts Of the prosecu-
ton on what they call the inherent
weakness and deficiency Of the prosecu-
tons evidence.
If the Governor shall order the extra
dition of Mrs. Botkin, the whole con-
tention will be carried to the Superior
Court and rehearsed before Judge Cook
on the hearing of the habeas corpus Pc
tition. 1t is understood that the Gov
ernor will hear the testimony in the
Palace Hotel in this city.
Unless the police have some evidence
which they have not as yet disclosed,
they can produce no one who will swear
that the fatal box Of candy was mailed
in this city. The probabilities all in
dictate that the box was mailed, but
what the police want to find is some one
who will be able to swear that the pack
age was really deposited in the mail at
San Francisco.
The proof that the box was mailed
here is of vital Importance to the pros
ecution. 1t is known that the candy
was bought here. The man who made
the confectionery has identified it as
coming from his store. The girl who
sold the candy has identified the box,
and has said that she is almost positive
that Mrs. Botkin was the purchaser 1t
has been proved that arsenic was
bought by the woman charged with the
dreadful crime Of poisoning Mrs. Dun
ming and Mrs. Deane. Frank Grey, the
clerk in the drug store, is positive in
his Identification of Mrs. Botkin as the
woman who bought arsenic. This is
practically the strongest part of the
prosecutions case. 1t seems reasonable
that If the candy was bought here it
must have been mailed here, but courts
Of trial do not always accept such evi:
dence in grave cases where a human
life hangs in the balance.
The POSTAL authorities are morally
certain that the package passed
through Station D, and the police are
thoroughly satisfied that it was mailed
there, but this is not proving the fact.
John Dunnigan, the distributing clerk
for Eastern points at Station D, remem-
bers that a package addressed to J..
Dunning went through his hands some
time in the early days Of August Dun
nigan could remember little beyond the
name of Dunning, but whether it was
Mrs. ]. P. or j. P. Dunning, or J. Dun
ming he could not recall If the box
of candy was mailed in this city it went
through his hands. He was shown the
box, but could not identify it. When
questioned closely he was not sure
whether the address that attracted his
attention was on a box or newspaper.
Unless it can be proven that the box
was mailed in San Francisco serious
complications may arise which will en-
barrass the prosecution
One of the charges against Mrs. Bot
kin, it has been said, will be that of
having improperly used the mails in
sending poison through the postofice
This was to be a side issue. like the
charges of mixing food with poison. but
no such charge has been made. and
from present indications it is not likely
that one will be made.