The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-31
MRS. BOTKIN CONVICTED
FOUND GUILTY OF POISONING MRS.
JOHN p. DUNNING.
Jury Returned n Verdict of Murder in
First Degree, with Penalty of
Life imprisonment.

SAN fftANCISCO. Dec. 5O.-Ine jury IN
the case of Mrs. Cordelia Botkin, charged
with the murder of Mrs. John p Dunning,
of Dover. Del. returned a verdict tonight of
murder in the first degree, with the penalty
fixed at life Imprisonment. Late this
afternoon District Attorney Hosmer COM
pleted his argument and Judge Carroll Cook
read his charge to the jury. after which it
retired for elaboration, with the above re-
suit.
The argument for the prosecution closed
with District Attorney Hosmer on the stand.
He commenced with the incidents attending
the arrival of the package of candy at the
Dover (Del.) postoffice. He condemned the
defense for insinuating that the package
might have been placed in the mailbag by
any one connected with the postoffice. He
accused the attorneys of going behind the
facts. He traced the package to the Pen
nington home and it's delivery to unsuspect-
ing Mrs. Dunning, and the passing of the
bonbons to other guests, their sickness and
the death of Mrs. Dunning and her sister.
Mr.. Hosmer deftly pictured the grief of the
parents and friends of the Pennington and
Dunning families, and concluded with a
scathing attack upon the poisoner. He
took up the analysis of the candy by Chem
Isl NOil, VI OONeIs Oels anu IIOleSSOI
Price, of this city He ridiculed
the defense for its contentious that members
of the police department of this city, or even
the chemists themselves, might have in
serted the poison to make out case. He
pointed out that Chemist Wolf had found
lump arsenic and that Dr. Price had dis
covered the presence of powdered arsenic
The defense in argument asserted that only
II In-VF 1eaf~
concluded his address by asking the jury to
return a just verdct-a verdict of murder
in the first degree.
After short recess Judge Cook delivered
his charge to the jury, the reading of which
occupied more than an hour. The jury then
retired to deliberate the guilt or inno-
cence of the accused woman. Mrs. Botkin
cried bitterly several times during the day,
and during the reading of the charge almost
lost control of herself. Her sister, who sat
beside her during the progress of the trial,
took Mrs. Botkin in her arms and COM
forted her as best she could but the tears
could not be stayed
Rather to the general surprise OF those
who have followed the trial, and to the en-
tire dismay of the defendant and her attor-
neys, Mrs. Botkin was tonight found gull
ty of murder in the first degree The con-
demned murderess will be spared an igno-
minous death on the gallows, however, the
jury that found her guilty imposing also
the penalty of life Imprisonment. The YER
dict was unexpected. An acquittal was con-
fidently awaited by the defense, while the
prosecution feared disagreement: Rumors
had been in circulation to the effect that
several of the jurors strongly favored the
Defense and that their opinions were too
firmly grounded to be capable or cnange.
Although the jury was out only four hours,
more than one of which was devoted 70 q
dinner. it is currently reported tonight tnat
the verdict was the result OF compromise
he of hn TnriCn
sion satisfactory to the jurors. Considering
the unexpectedness of the verdict, Mrs. Bot
kin kept herself well in hand when ner Ia ts
was announced. Not until the jurymen and
most of the spectators had left the court
room did she give evidence Of collapse. Inen
she sank back half-fainting, but speedily
revived when given a glass OF water
The jury retired at 300 p. M, out SOON
after was taken to dinner in charge OF a
deputy from the sheriff's office. During the
meal hour reference was made TO me
case by any of the men in whose nands Iay
the fate of Mrs. Botlxin. On returning 10 tne
juryrOOm the evidence was careIuIly Soiie
over and prolonged discussion followed. IL
is not known how many ballots were taken
before a final agreement was reached, pu l
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 O. clock word was sent 10
Judge Carroll Cook that the jury was pre-
pared to make a report. Court was lmme-
diateIy convened at 9:15 o'clock, just TOUR
hours after the case had been placed in its
hands, the jury stated, through its foreman,
that an agreement had been reached. the YER
diet being that Mrs. Botkin. accused of kill
ing Mrs John P. Dunning by means OF pol
soned candy sent trough the malls. was
guilty of murder in the first degree. In &C"
cordance with the laws of California, which
empowers the jury to decide between hang
ing and Imprisonment in such cases, the
penalty was fixed at Imprisonment for life.
While at no time during the trial had
Mrs Botkin expressed herself as anticipat-
ing such a verdict she received it with re-
markable 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 announced
that sentence would be pronounced on Sat
urday, Jan. 7. He then remanded the pris-
oner to the custody of the sheriff, to be inn
prisoned in the Branch county jail until
called to receive sentence, when she Will be
transferred to the state penitentiary.
The courtroom was cleared when, just
after Mrs Botkin had announced to the
deputy sheriff in clear voice that she was
ready to go with him to prison, occurred the
only sensational incident of the evening.
The condemned woman attempted to rise,
when her highly-strung nerves seemed to
relax and suddenly she fell back into the
arms of Mrs. Roberts. 1t was thought she
had tainted but in a moment a glass of
water revived her and she resumed her
usual appearance, though the intense
nervous strain was still apparent in the
twitchng of her facial muscles and the
quick movement of her hands as her fingers
drummed on the table. In a few minutes
she, apparently, shook off all signs of eX-
element and quietly accompanied the dep
uty sheriff out of the courtroom.