The San Francisco call., 1898-12-10

"A morning to prevent the con- tinuance of the trial of Mrs. 4 A Cordelia Botkin for murder. w. L. Harper, a citizen and taxpayer of this city, will file before the Supreme Court this morning a petition asking that tribunal to, enjoin Superior Judge Carroll Cook from trying Mrs. Botkin for the horrffying crime of which she is accused. The petition is made with no purpose of subverting justice. but to determine two vitally, important is- sues to this community. HF
 The legal defenders of Mrs. Botkin have insinuated that they Intended to spring some surprise upon the prose cution. This surprise is nothing more or less than the assertion that the courts of this State have no jurisdfc- tion in the Botkin case. The Supreme Court of California has decided that Mrs. Botkin could not be extradlted. This decision made the trial Of the woman in this State necessity. The orinion of the Supreme Justices. how ever, did not determine the legality or the trial of the woman in California It is this question that w. l.. Harper will ask the Supreme Court this morn- ing to consider. MT. Harper has con- sidered the question with such men as I. J. Truman, Treasurer-elect: Asa R. Wells, Auditor-elect, several members of the Merchants Association and other prominent citizens.
 The trial of Mrs. Botkin has already
 assumed a farcical btage. The legal t defenders of the woman have inter \ ijected into the case theatrical ele- nent vnick they take no pains to coIr- l eeal They were confident, even to the point of carelessness, in the selection Of jurors They displayed an unusual un- concern and declared that at the proper l time they would secure from the court
 a decree of acquittal. They were bas- l ing their position upon the belief that 1 the courts of this city had no power to try Mrs Botkin for the crime of which she was accused This assertion. made
 with exceptional insolence, has excited l the interest and indignation of some of the most prominent men of this city. 1 They determined to anticipate the legal
 defenders of Mrs. Botkin and to have the Supreme Court of this State decide | the legal issues involved.
 Two points were immediately sug- gested. One was whether or not the people of this city should bear the | financial burden of 8 very expensive trial and then learn that this State had no jurisdiction in the case. The other, and by far the more important issue of the two, was whether or not person could be convicted of any crime in any State of the American Union under cer- tain legal conditions. AS already indi . cated 1t was the plan of the legal de- lenders of Mrs. Botkin to permit the | introduction of all the evidence against her and then to assert that the Superior Court had no right to try the cause This plan, had it been carried into eff | feet. would have meant the expenditure | of many thousands of dollars of public | money.
 | It is estimated that the trial of Mrs. | Botkin would cost at the lowest esti- l mate $50, 900. In the history of crim- inal affairs in California several trials have cost more than this and 1t is safe to say that the estimate in this in- stance is no exaggeration. Members of the Merchants Association and men who will take public office at the be- ginning of the next year are deter
 
 money. As already irdicated William L. Harper be been in consultation with these men. He shares their belief and is in a position to ask for the restrain ing order that will determine whether or not Superior Judge Cook may pro- ceed with the trial, With that purpose in view he will demand this morning from the Supreme Court writ of pro- hibition forbidding Judge Cook to pro- ceed with the trial of Mrs Botkin. This writ will at once determine the two vitally important issues involved in the Botkin case.
 The Supreme Court of this State has already decided that Mrs. Botkin can- | not be extradited. She cannot there fore be tried in Delaware unless she voluntarily goes to that State. The public prosecutors after that decision were forced to try her in California No appellate court has yet determined whether or not this trial Is legal w l.. Harper, as a citizen of San Fran cisco, and the people that are support 1 ing him in his efforts are determined to | test the question before the defenders of Mrs. Botkin do so. It is no longer a secret that the woman's attorneys will make such a contention. They do not | intend to do so however, until after | many thousands of dollars have been expended on the trial. It was their | purpose to make the trial a dramatic spectacle, even if it were farcical, and at the same time make the people of the city pay for the show. It was for this reason that the public officers al- ready mentioned interested themselves to the extent of supporting legal ac- ton in the oupreme Court. As far as l the trial of Mrs. Botkin has progressed
 none of the terrible issues involved have been discussed. The horrifying
 murder of two innocent women has ! been forgotten in the effort of lawyers