The sun., 1898-12-31
MRS. BO1K|N FOUND Guilty
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uuIVs Nv suHV VVssO N~s1s
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the State of California and discharge it
faithfully to this poor deprayed woman.
Discharge it faithfully to yourselves; to
the oaths you have taken, but above all,
abjure you, decide it faithfullyto to your
God, and then when you, for the last
time, close your eyes upon the beautiful
Golden Gate may it be to open them
upon the beautiful golden streets of God,
and there reap your reward for duty
that was faithfully and nobly DONE"
Apparently it had one effect, for it
moved Mrs. Botkin to tears. As soon as
White had concluded and recess had
been declared she removed her veil and
cried and cried and cried.
Then came Knight. He merged quota
tons from the Bible with the al got of
the alleys. His vitupcration was at times
gross and figures offensive, but for an
hour or more he was logical, forceful and
effective. To that time he made an ad-
dress OF which any lawyer might be
proud. He attacked the weak parts in
the prosecutions line-attacked them
with vehement logic and splendid elo-
quence. 1t seemed as if that address was
to leave its mark on Californa's forensic
history. But after the hour-well, there
were times when he made the tears start
from the ducts of the jurymen; when
women about the courtroom piled their
sympathetic kerchiefs and when Mrs.
Botkin was, like Venus, "suffused with
tears as to her shining eyes," but in the
main he did not hold up to his opening
burst and he ended rather pitifully. Dis
cussing the alleged motive of crime, he
said:
"Never once in this testimony can you
find that she ever made a proposal to
Dunning. Look at the record apd you
cannot find it. By what process OF
reasoning can you say that she proposed
to kill Mrs. Dunning that she might en-
joy the husband? If that purpose we're
true, then Dunning is an accomplice.
Does the woman 60 to kill some one to
obtain man that she already has? No;
and when you 60 into the jury room Just
consider this: What motive would a
woman have in killing woman to get a
man she had already?
"Without divorce, without murder,
without poison, Dunning says he pos
sessed her for year and made one at
tempt to leave, and then wrote to her to
send him money that he might come
back"
Frank MCGOWAN, junior counsel for
Mrs. Botkin, made the effort of his life.
Mr.. Pennington and the other witnesses
from Delaware listened calmly to it all.
Mr.. Deane alone showed signs of restless
ness, glahcing at the fiery young lawyer
with the same amiability that cat
watches canary. In the course of his
remarks MCGOWAN said
yesterday Acknowledgement White
started by saying that Postmaster
Gooden, of Dover, came to this city to
testify. am confident that my recolec-
tlon OF the testimony is true and am
confident that Attorney White misrepre-
sented and misstated what Mr.. Gooden
testified to. Gooden did not see the
pouch when it arrived at Dover. 1t was
received by the janitor and was dumped
out by him. Later on it was thrown to
Gooden by the assistant of the post office
at Dover. Why, ask you, was not the
young woman brought out here? They
could have secured her with her expenses
paid.
''lt is rule of law that when the best
evidence is not given that there is some
reason behind it. There is no way of
knowing whether that box of candy ever
came from California. ask now why
did not the prosecution produce this wit
ness? Their tailnre to put her on the
stand Immediately raises the doubt as to
the place Ct its origin. Postmaster
Gooden stated that lie did not know
where the box came from. He does not
know W neither it came off a shelf or
where it sprang from. 1t is not our
province to prove that it did not come
from California. Another remark the
encouragement made left peculiar i'm
preston on me. He stated that the
package could have gone through the
mail and retained its shape. He said
that letters 90 through the mail without
injury, and Tor that reason he believes
that the box of candy should have
similar experience. That is a himsy pre-.
eXt-comparing a letter with box of
candy.
The attorney general spoke of id entif-
cation. lie declares it is certain method
OF proof and that the witnesses could not
be mistaken. Gentlemen, we know as
an historical fact that people, swaved by
desire to identify, are led astray. Take
numerous cases and you will see most
grievous errors. Take the Tichborne
case. You will remember that che
mother of the heir swore in court that
the claimant was her son. Later on the
British court decided that the claimant
was an imposter."
McGowan then took up the MAY case
and discussed the evidence. lie again
dragged Attorney-genera White over
the fires and charged that the gentleman
from Delaware bad dealt in sopbistrv in
presenting his case to the jury. lie first
spoke on the motive of the crime and
pointed to the conclusion that no motive
had been proven against Mrs. Botkin.
They claim that she wanted to marry
John T. Dunning," said the speaker.
"How ridiculous. Why, John P.
Dunning is neither mentally, morally
nor physically such man as any woman
would desire. If Mrs. Botkin had
wished Dunning for husband she
would have spoken to him of separation
from his wife. Yet she neve, spoke on that
subject. Now, it is not beyond compre-
henslon that this woman would be en-
amored so of John p. Dunning and vet
off 70 1