The herald., 1898-12-30
THE BOTKIN CASE
Cannos g. to the Jury Until Next
~ Year


Year
SAN FRAMCISCO, Dec. 29.-The an
uouhcemeht .L NJ cest today would probably be
a ane "a, nt, aas LOT arguments in the Botkin
Cooks court room today. The police heTd
the crowds in check with diffic,,lty and for
hours after the commencement of no argn.
ment for the defense by Attorney Franl,
Mcowan the corridors were filed win a
curious, morbid crowd anxious to catch a
lew words of the scathing arraipnment of
the police and tho methods of the prosecu.
tion, which it had been whispered about
would be the main features of McGowan's
address. Nor were the rumorS wit thout foun
dation. McGowan hauled the police over
thd Goals royalty; he charged the prosecu-
tlon with all kinds Of iniamy in the handling
OF Its case and he roasted several OF the Wit
nesees to a crisp.
He Went over the case from heginninp to
end and said that the defense had not made
technical fight; that ii had not blckered
over the admission of evidence and had kept
nothing back. He attributed directly oppo.
site methods to the Prosecution. He said
that were his client guilty she would have
attempted to hide everything hulttul to her
cause. He admonished the Jury regarding
circumstantial evidence and asserted that
evidence must be resolved in favor OF the de
PENDANT lie enumerated many cases of cir
cumstantal evidence and limited upon the
dishonesty OF prosecutors i'll many cases to
secure convictions on such evidence.
,McGowan attacked Attorney General
Whites argument. He accused the Dela-
ware attorney of appealing to the sympa-
thles OF the jury He said that Mr.. White
had mlsrepresented, especially with regard
10 the arrival of the box of candy at the
Delaware postoffice. MCGOWAN said that its
ARRIVAL had not been proved and that an
employe of the Dover postoftice might have
placed the package in the bag as easily as
not
Referring to the anonymous letters. Mr..
McGowan said that they had not been
traced to Mrs. Botkn and that she had no
reason Tor writing them. The Identification
Of Mrs. Botkin by several OF the witnesses
ior the prosecution. continued Mr. Mellow
am were t1imsy and unreliable and that ac-
tlon IN such cases must be carefully consid-
cred. Mr.. MCGOWAN said that no motive
had been proved; that the contention of the
prosecution that Mrs. Botlin was enam-
ored OF Dunning had not been proved by
the facts in the case; in fact, the opposite
held good MCGOWAN entered a bitter at
tack upon Dunning.
MCGOWAN reserved the subject of arsen-
ical poisoning tor the concluding feature Of
his argument. He held that arsenical poi
soniny had not been proved, and even If
II had. the attending physicians had stated
that lump arsenic had been used, whereas
the drug clerk from whom Mrs. Botkin pur-
chased arsenic entered the purchase upon
the poison book of the drug store, specify
ing powdered arserc. Every poiut through
cut the case, declared McGowan. is
shpouded in doubt, and be urged the jury
not to bring in verdict opposed to the
facts adduced by the defense.
Assistant District Attorney ITosmer will
make the closing argument for the prose
cution tomorrow. Owing to the New Years
holidays The case will 20 over until next
Tuesday, when Judge Cook will deliver his
instructions to the jury.