The San Francisco call., 1898-09-17
Prosecution, However, Is Allowed Time to Per-
 feet Papers.
Chief Lees Becomes the Butt of the JOCular Lawyers for
 the Defense.

l the witnesses are in Delaware. while i twenty-eight are here.
 T don't find one point on which I can
 consider this extradition Murder never outlaws, nor does an indictment and I Wouid suggest that she can be tried in son with food. The proof of guilt in the
 of the murder. She could then be par doned and extradited to Delaware" l He told Lees that the defense was fore 1 ing him 10 bring about the prisoners trial in this State, and, judging from the condition into which he had got his case they would certainly succeed. Governor Budd's question indicated the | stand he has taken on the matter of ex-
 tradition when the person has not been in the State demanding possession of him.
 This is strongly shown in the following dialogue:
 Governor Budd-If you once establish l the proposition that a resident of Cali
 fornia could be taken to New York or 1 Alabama, or to any other State when he
 had never been In that State before, what would be the result upon defendants? Where would they have process for their 1 witnesses? Who would protect them be- cause they are presumed to be innocent? | Where would the matter stop when all a 1 Governor coult. look at would be first an | the indictment-not bit beyond the in | dictment, and an allegation that he did commit the crime? Now suppose. sir, l you were indicted for murder committed 1 in New York Would not that indictment for murder be stronger than all the com 1 plaintS and all of the affidaVitS YOU could ! produce to me?
 MT. Hosmer-In all probability, yes. ! Governor Budd-Very good. l would have have to l transport you to that State.
 this State that could prove that at the
 time you were locked up in the State
 prison or some other institution. I could
 not consider whether you were guilty or l innocent of this crime. The indictment overcomes the presumption of innocence, Io,- stand, and is stronger than any com
 plaint, and all l would have to do would
 be to turn back. Mir. HoSnler-Exaetly.
 Governor Budd-What would that lead to? If could get an indictment from the Brand Jury in San Francisco against here and break hiTn-put him to trial and
 trouble and nobody would be liable, be- cause the Grand Jury could not be prose- 1 the witnesses had done it.
 These extradition papers must be cor
 rected, as they are of no use in their | present form, with no semblance of a complaint against the prisoner said the ] Governor. 'I want her punished if she Is | guilty, if she can be proved guilty. You must first establish the fact whether she mixed the poison or not. As the matter
 stands you can only get the matter be- | fore the Supreme Court if I refuse to act | in the matter. The prosecution could l then mandamuS me. Being a lawyer I
 would decline to play any such part. I | myself down an aSS.
 Then said Governor Budd: 'Mr Hos- mer, have you ever read Hawley's work on extradition:
 | '1 have"
 What do you think of it?"
 'I do not think l am competent to judge, !i{Eeo,, o,,,.us oonsu,+ ,+ 1,.+o, :, this:
 | A man in Ohio may commit the crime of | obtaining money by false pretenses in the State | of New York without having left the State of | Ohio The false pretenses may consist in false representations as to his financial and business l written and mailed in Ohio and delivered in The person in New York relying upon the false l pretenses delivers the property to the carrier agent of the man in Ohio to receive he prop | erty and delivery to the carrier is delivery to l him: In the supposed the crime is com 1 mitted in New York and is punishable there. But the one who committed it cannot be ex- mitted the crime he did not flee from there.
 Lees then told of an e-,tradition case in which he played a prominent part in ante-bellum days and which nearly re- suited in tragedy. There was a law per | taining to slaves as chattels. A negro game here and went ,e9 on 9GaTd ship
 papers, went on board. The negro cambered into boat at the ships side through the bottom of the boat. T got | him. said the Chief. But you didn't drown" quoth Budd sadly. Heggerty
 tried to prove by the Code that the l Chefs case was a relic of ante-bellum l days, when slaves were chattels, but Lees shoqtfd ansrX nd 9eggsrfv waf t Wats get | The Chief continued self-sustained con- versation.
 Knight then demanded that. the Cover nor decide at once the question of Mrs. Botkin being a fugitive, as she IS and has been since August 23 in jail. He sug- l gested that the Governor do as the Ger l q ok 10 adViSAmanf | for two weeks and decide at once for the | defendant. He said it was an injustice to Mrs. Botkin to keep her in jail two weeks longer.
 we have. time after time,'' he said. l ''consented to the proSecut1onS delays because they had not had time to pre- | two V eeks more so that they may have | time to get a legal complaint and legal warrant to hold her on. | "Weve got one now, a warrant any how" shouted the shaking Isaiah
 "No you haven't" retorted Knight
 ''You've held her all along by means of subterfuge."
 l i've got a warrant from Judge Joach- 1 imsen,' replied Lees.
 But not based on charge"
 'It is, too; we've charged her with
 "Yes," laughed Knight. ."got a war rant in a California court for a murder done in Delaware. Captain Lees. do you | hold this prisoner now by virtue of any l paper out of Delaware?
 .'Is 1t not a pretty spectacle-the Gov ernor of Delaware swearing to something he knows not to be true. Why he Is l guilty of perjury. What does he know about Tennessee, about the arsenic and about these. pretzel polishers' at the
 candy store?'
 Here Governor Budd suggested that. since the Delaware warrant had been found defective the defense could on Monday, before Judge Cook or Judge Dunne, and upon the writ of habeas corpus now pending. secure the release of their client in very few minutes ] The blow nearly killed Isaiah. By | means of MT. Hosrners coat tails he got to his feet and faltered. Your honor, that 1 opinion is yourn." After the resultant | laugh subsided MT. Knight continued, ''Yes, know that we could do that but | n0f f0 a