The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-08-28
Mrs. Botkin Builds
a Wall Of Legal
Technically.
Her Attorneys Demand Her
Release-Case Without
a Precedent.

The local police will receive to-day the
evidence they have so persistently sought
against Mrs. Cordelia Botkin. Detective
McVey will arrive to-day from Dover,
Del, and without delay will place in the
hands of Chief Lees the facts with which
the Eastern authorities expect to prove
Mrs Botkin guilty of the murder of Mrs.
John P. Dunning and Mrs. ]. D. Deane.
Without these facts the local prosecutors
can do nothing except to prevent Mrs.
Botkin from escaping upon technicahties.
The woman's attorneys applied to Judge
Carroll Cook yesterday for a writ OF
habeas corpus. The application was
granted, and will be heard tomorrow
morning.
The defense has therefore taken the in
itiative without knowing that the Dover
detective was so near San Francisco, on
his way across the continent. 1t is prob
able that the District Attorney will have
something more than technicallues with
which to combat the technicalities of the
defense. The Eastern detective is cred
tied with havin evidence of a very posi-
tive character ar-inst Mrs. Botkin. He
will come, of course, with the box OF
candy in which the poison was concealed.
This box and it's wrapper, samples of the
candy and the superscription on the cover
will give the city authorities tangible
basis upon which to work.
IhuS lar pracucdlly no evidence Oh
value has been discovered here. The
police have learned fully the relations
that existed between Mrs. Botkin and
Dunning. This relation, involving dou-
Bile life on the part of Dunning, gives
something Of motive for the onense
of which the woman is accused. Her
papers and letters have also been seized
and will be used to compare specimens
of handwriting. The police hope also
who purchased candy under mysterious
circumstances at Stockton. Beyond this
the police have nothing.
The arrival of McVey to-day will ma
terially clear the situation. Very little
difficulty will be experienced in tracing
the Candy-box to its maker. From the
maker will be learned the names of the
retail dealers who bought the boxes. 1t
will be the question therefore of only
few days to know whether or not the
candy-box came from the Stockton deal
er. 1t may be possible, also to identify
the candy. 1t is believed that the fatal
box was inclosed in a peculiar wrapper,
which the retail dealer at Stockton will be
able positively TO identify if it was such
as he used.
Comparisons of handwriting will then
be made. While the comparisons for gen.
era1 purposes may not amount to great
deal their effect will be greatly strength
ened by collateral evidence which the au-
thor1ties possess. 1t will be remembered
that Mrs Dunning received warnings and
threats carried to her in anonymous let
tiers. If the handwriting in these letters
is similar to that on the cover of the
candy box and both resemble that of Mrs.
Botkin, the case of the prosecution will
be materially strengthened. Detective
McVey is the only person who can supply
What else the detective knows must be
exploited after his arrival. He has sue
ceeded in eyading newspaper men on his
way across the Continent. and even the
local police do not know what he pos
sesses. There is hope that the CORE
dar1z r{ ATrC Nfr1rr will frfrra
against Mrs. Botkin. The dead woman
vas harassed for many months before her
5eath by anonymous communications;
Some Of these may contain references that
will assist in revealing the identity of the
writer.
AS already indicated. Mrs. Botkin has
taken the initiative in the legal battle for
her life. Her attorneys began their tech
niea Mica qe ba Yesterday n suing for
step in legal fight that has no precedent
DIT parallel in the United States. The au-
thorities will demand the extradition of
Mrs. Botkin, whose attorneys will resist
stubbornly TO the last. The application
for extraditton involves a point of law
United States. The law of this State spe-
officially declares that no person may be
sxtradited unless proof of flight from the
state demanding extraditiOn is supplied.
Mrs. Botkin never was in Delaware, and
consequently could not have fed from
there. No provision seems to have been
made for the punishment of such crime
as that of which Mrs. Botkin is accused
At her bidding. under the theory of her
police accusers, death travelled across
the continent and brought desolation to
b home, yet there appears to be no way
legally by which she can be taken before
the proper tribunal for trial.
The California law seems equally clear
sn the point that she cannot be tried by
he courts of this State, as no provision is
made for the punishment of an offense
part of which was committed out of the
State. These are the main points upon
which q most interesting legal battle is
20 be fought Mrs. Botlxin will resist ex-
tradition and will defy the authorities of
his State to try her. This is the policy of