The San Francisco call., 1898-12-20


 chapter to Mrs. Botkin. whose confi- dence had been won, the witness ad- mitted, under the mask of friendship and through the very hospitality of the accused woman herself. Mrs Botkin confessed time and again, the witness said, her passion for Dunning She had lived a gay life with no thought but pleasure. What others conceived to be wrong was no sin for her. For pleasures sake slc would stop at noth- ing, not e | the divorce court. but she would not stoop to murder
 Then in the same breath she would eXclaim that it would have been far better to have let the man die and spare the mother for her child. Mrs. BOtkin, the witness declared, was seri- ously disturbed over the shadow of sus- picion that had fallen upon her. She argued whether or not the death of Mrs. Cunning would keep the husband from her. She suggested the possibil- ny of marriage with her paramour, and then dismissed it as dangerous. She was racked by fears and fancies: she saw dR her dreams visions of dread. The walls of her room were~elosing in upon- her and relief came only with wakeful1ess.
 She sought her husband and thought she was in privacy withfhim, but Miss Livernash was listening at the door and heard the unfaithful wife demand of her husband, under pain of exposing his amOurs, to save her life She sought her son and then feared him. as he had the power to condemn her. This in outline was the story Miss Livernash told on the witness stand Under ss-eXamination she was mercilesslv attacked. Her character was impugned her family was bitterly scrutinized and her motives doubted.
 She was released to give place to John P. Cunning, the miserable crea- ture who had been the theme of her discourse. There was a hum of ex pectation. in the courtroom when the name 7 of Cunning was announced. There was the rustic of dresses. the shifting Of chairs, the murmur of voices as the audience settled themselves for the salacious sensation of the case. There was something pathetically inn pressive in the question: Did you know Mary Elizabeth Cunning, a human being?"
 T did was the answer. She was my wife"
 With that preliminary Cunning re- lated the history of his intercourse with Mrs. BOtkin. He told where and how he met her and how their acquaintance grew to friendship and then to inti- macy He tocl1 care that no one he knew knew her. With her he avoided public places, sought the back rooms of saloons, "cafes," road houses, the race course. He knew her first as Mrs. Curtis, then as Mrs Adelaide Botkin. finally by her true name. He followed Where she went, seeking her society. enjoying her company, negIecting his duties that he might be with her.
 Calmly and shamelessly Cunning confessed the facts of that intimacy even to the smallest detail. He told how he deceived his wife, even show ing her letters to his mistress. At last the time came for him to sever the re- latiOnship. His dissipation had robbed him of the. possibility of employment in this city and he received a position as Cuban correspondent fer the Associated Press. He was without money or friends here and he decided to accept the proffered place
 Mrs. 5Botkin begged him not to go It would be unldnd and cruel! she said 10 leave her after their long intimacy He should stay with her even in nov erty rather than leave her. He was determined, however, and tearfullv Mrs. Botkin accompanied him across the ferry on his way. That ended for him the intimacy which the prosecution claims resulted so tragically to Dun- ning's wife
 Dunning was then shown the anonv- nous letters. He declared that they were in the handwriting of Mrs. Bot Kin. He said that during his intimacy with Mrs. .Botkin he had told her that ms Wife was passionately fond of can dy He then identified the bandwrit- ing on the wrapper that inclosed the box of poisoned candy as the hand writing of Mrs. Botkin. With that as sertlon he was turned over to the mercies of the cross-examiner.
 With the same calm unconcern that had characterized his direct evidence ne answered the questions of Attornev Knight He declared that he had been intimate with many women other than Mrs. Botkin in this city. He knew the names of some and of others he did not. He was commanded to tell the names of those he knew. He declined to do so. It was the first indication of decency that he had given. He de- stroyed it's effect by asking time in which to refresh his memory.
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 purpose, and then again declined to answer. Knight pressed his question and Judge Cook commanded Cunning to answer. Again he refused. and Judge Cook ordered him sent to the County, Jail until he does answer. Assistant District Attorney Hosmer made a plea that Cunning asked for time. Let him pass the night in the County Jail" replied Judge Cook; it may do him some good"
 The case was then continued. until this morning. George Knight declares that he will not continue the cross ex- animation of Cunning until his oues- tionAis answered. This means that Dunning will pass more than one day in jail unless he completes the despi- cable character he has chosen for him. nd bnoproac ,,-o,.,o +l,a..