The San Francisco call., 1898-09-16

mirror will be the means of proIongine
 the hearing. s
 According to the view freely expressed py GoVernor Budd, there is no reason for
 sending Mrs. Botkin to Delaware. Hos
 mer pleaded for 1t on the ground that it
 would be an act of comity. The Governor
 was not in favor of extending the sort of comlty which would conflict with the Su-
 pEeme Court He did not understand how sworn to and bolstered up by evidence col | lected in San Francisco long after the
 gate gate or the the swearing. Neither was he pleased with the form of the complaint Such was the condition when the hear Ing closed for the day. Hosmer had been
 ruptions would permit, but he could not
 pacify the fnterrogative Governor. at
 times there were signs of warmth, but Hosmer John" Detective McVey looked
 depressed. His prospects of an early trip
 lost their brfIiancy' It was win a s11bt n9u dued air that Chief Lees gathered up the
 wealth of exhibits with which he had solemn aspect The Botkin attorneys
 loaded themselves with a law library
 each and went away. They were observed
 to be grinning.
 l At 10 o'clock in the morning Governor l Budds apartments at the Palace were well filled. It had been quietly given out that Mrs. Botkin would appear at the | opening of the proceedings that will have | results of so much importance to her. At
 the last moment her attorneys decided | | would not be necessary.
 Chief Lees carried his ill-omened black
 grip, and from 1t he shortly drew the bum | de of documents which he was to turn over to the Governor.
 Upon Governor Budd's arrival he settled | at once at the business that lay before | him. Chief Lees opened proceedings by | laying before the Governor the requisition l of Governor Tunnell for the person of
 and the numerous affidavits and exhibits
 that have been attached during the past | month.
 | It was the warrant that first caught the
 eyes of Governor Budd and he immediate | ly asked Chief Lees for the complaint
 upon which it was based.
 explained the Chief. HThey are the same
 thiRg" aNr Hosmar. aer,.naaa co,.rnor | plaint"
 'I do. your Excellency''
 Well, certainly cannot grant extradi- | first thing that the Governor looks for | when he is asked for requisition is the complaint, information or indictment that
 the request must. necessarily be based | upon. Such an instrument is not here. | This paper is not even an affidavit that
 such complaint has been ever made. It
 seems to me that it is nothing more than | a hodge-podge of both warrant and affi- davit, As far as the affidavit part of it witness does make oath that the facts are | true, but that he has. at some time past, made such oath Furthermore, it is not
 name of John B. Pennington, the com blaming witness, Is signed only once and then in the body of the instrument" Here MT. Hoslner and Chief Lees both arose to explain that in Delaware war rant for arrest upon charge such as
 when it included an affidavit to the effect that due complaint had been legally
 made. It was really MT. Hosmer. who
 made the explanation The Chief was "a Hpfnra further jeopardized the case. Governor Budd was not satisfied and l asked for an explanation from Detective
 McVey. as agent for the. State of Della
 ware. McVey explained that in Delaware a verbal complaint sworn to before a
 Justice of the Peace was the custom. warrant was issued. The Governor then said that under the constitution he could not permit the extradition unless either complaint, information or indictment accompanied the requisition. McVey in | sisted that the warrant in hand was also
 complaint, but that no indictment could 1 be brought until November as the Grand
 Jury did not sit until that time. l At this point Chief Lees broke in with:
 on this paper. and if the courts back l there declare all this work illegal we can
 hold her till November and get an in- l dictment" The Chief was quickly pulled | down into his seat by anxious friends. l and the Governor. with a look of amused
 surprise. replied that he certainly would
 
 | Attorney George Knight broke in at | this point and indicated at the start the 1 one point upon which the defense will
 make it's fight. Said he
 Your Excellency, we grant for the pur-
 pose of argument that these papers are 1 all right. but there is one admission that l I want from the prosecution. I will ask l MT. Hosmer whether or not Mrs. Botkin | has ever been in the State of Delaware"
 m ''1n the body, no," answered Hosmer. | but
 'How about the spirit?' suggested the l Governor.
 1 Here Chief Lees made another futile at l tempt to point the way for Mir. Hosmer:
 That ain't it at all. Hosmer," said he.
 ''We are willing to admit that she has
 never been in Delaware, but we will prove 1 that she's a fugi-' Again that friendly l hand at the official coattail pulled him l back to silence.
 l Hosmer was unwilling to make any ad-
 missions until Knight had admitted that | the papers in hand were correct. but the 1 Governor answered that the objection to | the complaint was his and he would not
 waive 1t
 The Governor continued: "Mr. Hoamer, 1 I see that this reouisition says that Mrs.