The San Francisco call., 1898-09-17

The arguments in the matter of the eXtradition of Mrs. Cordelia Botkin, charged with the poisoning of Mrs. Dun ming and Mrs Deane at Dover, Del, were
 concluded for the time being yesterday. Governor Budd declared the papers in the case defective, there being no complaint attached, and allowed the prosecution two weeks in which to repair the defect. He held out no hope to the prosecution that he would grant extradition even when the proper papers were presented On the contrary he intimated broadly that the constitution of the United States
 would not countenance such an act on his part The constitution lays down the requirement that before a person can be extradited from a State in which he is found it must appear that he has fled from the State demanding his extradition. He must be a fugitive from justice from the demanding State. This Is an impera- tive requirement. of constitutional law. In this case 1t is conceded that Mrs.
 Botkin was never in the State of Della ware, consequently she has never fled from that State and is not a fugitive from justice. It was apparent to any person attending the proceedings before Governor Budd that he would not grant the request
 of Governor Tunnell for the extradition
 of Mrs. Botkin.
 The officers engaged in the prosecution proceedings. The decisions of all the courts in the land were against them, and they could not stem the tide. Chief Lees
 could not be suppressed. He interfered with Assistant District Attorney Hos mer's presentation of the case to such an extent that the latter finally turned away in disgust The attorneys for the defense fairly baited the aged policeman for over
 two hours, muci- to the amusement of The Chief fumed and sputtered and used extraordinary grammar, blissfully igno- rant that he was the butt of such clever men as Knight, Heggerty and others. | Governor Budd said that if Mrs. Botkin | is ever tried in this State it must be on
 the charge of depositing poisoned candies ] in the mail. The extreme penalty Tor this 1 crime is twelve years in the penit i The persistent efforts of Chief of Po- l lice Lees to make paramount his piebald ideas and misconceptions of the. law of the land and of that regulating inter-
 state extraditon particularly Induced
 two hours of hot and ,oftentimes acri- reference antagonistic to the Chief, the sputtering Isaiah was on his feet and ve- hemently interrupting with his own con- struction. Did MT. Hosmer argue con-
 trariwise to the astute captains badly dashed ideas his august coat-tails were promptly plucked and Governor Budd was
 obliged to dodge another wad of Lees amusing irrelevancy.
 Frank McGowan closed the argument for the defense, in which he pointed out the law and the conclusions that lead to the fact that ms Cuenl WES d luSIllNc from no State, and that constructive fugitive she cannot be legally proceeded against
 The close of his argument brought forth from the Governor a question regarding the now familiar Hall case. The answer of McGowan was anticipated by the Chief, who sputtered, Your honor, know all about the Hall case-it has beat me sev- eral times" And it will again." inter jected MT. Heggerty.
 "Just one minute, Captain Lees," said
 "But | want to talkr' yelled Lees.
 '"There was dissenting opinion in that
 Hall case. Two of them Judges decided that Hall should be taken back across was shot lived and they were right.
 Them other three Judges wasn't worth whoop."
 sunposed to come from Lees did not say, but his argument had it's effect-the Gov ernor smiled.
 leagues argument, though he did with that tiis McGowan clipped in with. There t9 be a d5renff Pnre aoep oI gpin9h an1 ps
 trict Attorney Lees" and laugh re- suited.
 Governor Budd then told of the fine le- gal points involved in the Bothn case. Among these was the point whether the prosecution thought 1t could take Mrs. Botkin out of State Prison ana sena ld her her
 
 of murder. He held that the laws or this State would not permit, adding that he must execute the laws as he found them, which was pretty hard on California He held that the crime in the Cunning case was consummated here and that the poi soner must be punished here. Shoulo ne punishment there, he might never get her back, he said.
 MT. Hosmer was enlightening the Gov ernor on certain points when George Knight proffered a suggestion. This an- gered Mir Hosmer, who exclaimed an- grily: 'tHow many are going to talk at
 II only want to offer suggestion" ventured Knight:
 'I don't want Knights suggestions, and I don't like these Interruptions Me Gowan tried to smooth over the heated discussion. but hostflities were resumed moment after, when Hosmer tried to find an authority and as he was taking some time over 1t MT. Heggerty tried to offer suggestion. He was shut off by Hos mer. The latter went on with his search and was interrupted several times. Final ly the Governor suggested that Heggerty be allowed to speak. Hosmer's face as sumed such pained expression that the genial chief executive smiled and said:
 "Go on, John; I am waiting on you!''
 The Governor then stated that the main fact in the case under consideration, Of
 which proof was required, was who mixed and sent the poisoned candy? He showed that all other matters at issue could easily be proved. He also showed all occurred here. The logical sequence of the case was to try the prisoner here, and If it could be shown that she com mitted felony In sending poisoned candy, no one could complain if she were taken to Delaware and tried for the graver of- fense.
 Her trial in Delaware would require all
 the witnesses to be in attendance. The
 majority of them are here. If she were
 to be tried in this city it would require the presence of but one witness to prove the facts that have developed in Della
 ware. It is also fact that the principal
 witnesses in Delaware are relatives of the dead women. and they naturally have an interest in the case.
 "Witnesses here" continued the Cover
 nor, would hesitate before going to Delaware to stay possibly a year, to the injury of business interests here. Does
 any one think that the defendant could get the mass of witnesses she desired un- der these conditions?
 The Governor then asked that a com