The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-20
Will Not Resort to
Habeas Corpus.
MRS. BoTKIN WAS IN COURT
GRAND JURY MAY INDICT MRS.
EDWARDS.
Upon the Request Of tho Defense
Judge Cook Postpones the
Hearing to the Sd Of
October.

What appears to be a sudden change in
the plans of the defense brought about
another postponement OF the Botkin ha-
beas corpus hearing when that case came
up in Judge Carroll Cooks court yester-
day morning The same reason operating,
the hearing on the criminal charge pend
ing before Police Judge Joachimsen was
also postponed, October 8 being the date
set in both cases.
The change in the plans of the defense,
if change 1t really was, involves a rather
nice point of law, and indicates clearly
the course that will hereafter be pursued
by the prisoners defenders.
For some days past Messrs. Knight,
Wheeler and MCGOWAN have allowed to
freely circulate the idea that when their
petition for habeas corpus came up for
hearing yesterday morning they would
make hard fight for the release Of their
client. To lend strength to this state
ment 1t was given out that Mrs. Botkin
would appear in court and would person
ally assist her counsel in the first battle
in open court for her freedom. These
positive statements aroused a good bit of
day morning Judge Cooks court room
and the corridors of the hall were densely
packed with 8 mob or men and women,
with the curious sex largely preo4hmln 1Is
advertised prisoner, and with, perhaps, an
incidental interest in the proceeding itself
n, DTOuRnC
into court until after the continuance had
been asked and granted. She did appear
finally, upon the arm of Captain Seymour,
and there was a rush that nearly carried
the officer and his charge from their feet.
Women pulled and fought for first place,
and once they gained it drove the pris-
oner nearly frantic with their comment
covered that she had been brought to the
court room for no other apparent reason
than to satisfy the crowd she became de-
Il 10
OF Chief Lees in saying so. She declared
the whole proceeding a farce and insisted
upon being Immediately returned to her
cell.
That was a matter of no easy accom-
plishment. From the court room to the
Jail door Captain Seymour had to fight his
through an ona almost ,sben pas rde mob
changed to that he and his prisoner were
rid of them.
The unlooked-for continuance of the
case was as much q surprise to the prose-
cution as to the rank outsiders. They had
made every preparation to rearrest Mrs.
ssars Of IS sne gn ee
and 1t is evidently this fact that upset
prearranged plans.
When one of the counsel was asked why
the fight had not been made. he said: I'VE
could easily have freed Mrs. Botkin by
habeas corpus this morning, but as she is
rested upon a charge of having killed but
one, her release would leave her amenable
10 rearreSt at once upon the second
charge Governor Budd's decision in the
requisition matter. if 1t be in our favor,
win make 1t impossible to bring her to
trial for murder, and we can then effect
her release by the same means that we
have already .resorted to. and she will
then be tried In this State and upon the
reduced charge Of mixing poison with
food
Chief Lees, however, says he will not
stand for any such plan, but that he will
compel Budd to grant extradition If he
has to make a little law all of his own
Armed with one of his unique construc-
tons Of .Hawley..s opinion on extradition
and with half-dozen decisions adverse
to his position, he is going to storm the
executive citadel with the weapons of the
Supreme Court, providing that with his
constructions and decisions he can con-
vince. the court that he ought to be al
lowed to run at large with the weapons.
He has threatened the Governor with
everything from writ Of mandate to the
great Lees wrath, but SO far without any
apparent result
The Delaware authorities are pushing
the scheme to convene the Wilmington
Grand Jury, but the full two weeks al
lowed by Governor Budd will probably
have more than elapsed before the case
will be so Strengthened out that the Gov
ernor can again consider 1t.