The San Francisco call., 1898-12-22
of the Accused to Open Their Case
 This Morning. of Death That Followed Close Upon a Missiue
 of Love-

develop? A-When I heard of an im- portant happening several months ago. It came within one hour after reached Dover and learned of the circumstances surrounding the death of my wife and my sister-in-law. Their death by poisoned candy directed my suspicious toward Mrs. Botkin. Up to that moment I had no suspicious against Mrs. Botkin. The first telegram only told me of her death by supposed confectionery poisoning. I had no suspicious against any one else, aI- though l told the officers of the law that Mrs. Ruoff and the druggist who sold the arsenic might be useful witnesses. I re- ferred to Mrs. Ruoff as a witness and not as a principal. I knew of her confiden- tial relations with Mrs. Botkin.
 Q.-Explain your hostility toward Mrs. Bothin. Alt arises because of the death of my wife.
 Q.-What was the first thing to cause you to think of Mrs. Botkfn in connection with the poisoning of your wife? A.-Be- cause of the relations that had existed previously between us and Of the feeling she had for me, or that I thought she had for me. In mF own heart I did not think any one else would do it.
 The witness learned of his wifes death at p. m. August 13 An hour before that time he drove to Ponce, Porto Rico, and AldllSQ d lcllef lO IhTS. OOrQeIa in this city. This was the last communi- cation of any character Cunning has had since that moment with the woman now on trial for her life. The letter reads:
 PONCE, Porto Rico, August 13. 1Ses Dear Ada: have been here about dead to the world for two three weeks with out any means of getting any mail and very little chance of getting any away. Just before I left Kingston I wrote you asking you to address St Thomas
 but have never been there yet, having come
 here direct and have received no mail
 We got the news to-day that peace had been declared. and I suppose I will be go- ing to New York soon, but I know nothing
 particular about it. I will have to send
 you an address when I get to New York
 and you had better not send any more mail
 to St. Thomas, as I will probably not go there now. This is the most beautiful island l have ever seen, and I have been almost constantly in the saddle since
 nave been here, wearing holes in my
 anatomy. am really sorry the war Is
 over, for l have certainly enjoyed it and l am in considerable uncertainty about the
 Kind or work l will do when I get to New
 York l am perfectly we'll but it is hot ter than blue blazes here. I hope every-
 thing has continued to be we'll with VOL With my love-
 theodore hytka, pen artist and photo- grapher, succeeded Cunning in the wit ness chair. He was shown the various examples Of handwriting, and without po- ing Into the customary painful expIa- nations, testified that they were in Mrs Botkin's handwriting. He was +aka, through profitless cross-examination hI, Attorney C. M. Wheeler of Humboldt who gave clever imitation of Georee Knight in one particular. He could lean as gracefully on the rail of the witness sta stand as Mrs Botkin's leading attorney. me resemblance ceased there He drew from the witness the statement that inc wrapper rom the candy box had been ironed out. He had forgotten that C,biaF Lees had testified to this early in tne trlaL lie then tried to prove by the wit ness that the passage of the iron over the paper had changed its appearance en- tirely. The most the witness would ac- Knowledge was that the ironing had not removed the original creases bnt had merely leveled them
 MT. Hosmer then placed Chief Lees on the stand to explain how he had done tha terrible washing and ironing to which the bit of paper had been subjected MT Lees, as Senator McGowan persisted in calling him, told how he had handled tha wrapper. The venerable Police Chief. who looks more and more like real flesh and oiood santa Claus, was cross-examined to no purpose.
 ''If your Honor please" said MT. Hos- mer "the prosecution rests it's case''
 Judge Cook-Let the defense proceed
 MT. McGowan then addressed the court saying the defense did not expect the prosecution to conclude at so early an hour and was not prepared to place IFS witnesses on the stand at that time He asked that the case go over until thiS morning. He said the defense would waiy- its right to an opening statement, but re- served the right to call Mrs. Harris for further cross-examination.
 Judge Cook agreed to the continuance. saying the trial was making most satis, factory progress-that siXty-eght wit nesses had been examined in seven days The defense will commence it's presenfa- tion of Mrs. Botkin's case at 10 o'clock