The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-08-29
B0TKIN CASE
WAKES WARM.
She Begins Her Fight for
Freedom To-day.
WHITE DEMANDS JUSTICE.
He Says This State Will
Fight the Case and
That Nothing
CAN BLOCK ITS COURSE.

San Francisco. August 49,
Attorney Frank MCGOWAN yesterday
applied to Superior Judge Cook for writ
OF habeas corpus to procure the release
from prison Of Mrs. Botkin. Tho appli.
cation alleges that Mrs Botkln Is unlaw
fully detained IN prison and deprived of
her liberty by the Chief Of Police; hat n,
public offence has been charged against
her in this state and that she is not fugi.
tive from Justice.
The hearing OF the application has been
set for Monday morning. At that time
the Chief of Police will have to justify his
action OF arre3ting Mrs, Botkin. II the
writ Of babeas corpus be dismissed the at
torneys viii take their next stand before
Governor Budd to prevent him from sign
ing the mandate Of extradition. If they
fail in that George A. Knight will go to
Delaware with his client and defend her
stubbornly In tho criminal courts of that
State. All The shifts and turnings OF The
law will be bent to the aid cf Mrs. Botkin.
Such appeals and collateral proceedings as
| the Delaware law permits will be invoked
before execution Of the final Judgment
against the defendant. Mr.. Knight will
contend that sine Mrs Botkin is not
fugitive from justice her extradition can
not be granted. The purpose Of extradi-
tion Is to re; urn to the jurisdiction any al
legged criminal who has fled into another
Jurisdiction. 1t cannot be said that Mrs.
Bot kin fled from Delaware, since she never
resided there.
Detective McVey will arrive In this city
from Delaware to day to take Mrs. Botkin
to the scene of her alleged crimes Immod-
lately upon the arrival of the detective
Chief Lees will take him to Acting Dis
trlct Attorney Hosmer who is conducting
the CASE. Together they will go over the
evidence which McVey brings from Della
ware.
Dover Aug. 2S-Preparatons for the
prosecution of Mrs. Botkin, who is accus-
cd OF the murder of Ida H. Deane and
Mary e. Dunning, still continue. Attor.
ney General re White who had been ad-
vised from San Francisco of Mrs. Botkins
determination to resist extradtion, re-
turne from Georgetown yesterday, but
did not display any uneasiness, as he had
heard from Governor Budd, of California,
who announced his intention of honoring
q .x,. ...:.......- C--r-.-- - rr,-.-c II. uuN
that the clrcumstantlal web seem ol 10 bs
closing around the accused.
When he received yesterday advices from
California, however, he was a little uneasy
at this turn In the case, and of the unequal
fight he would have to go into single
handed, and he betrayed some nervousness
over the situation.
1--WE intend to fight every inch Of the
he said. "and all the lawyers in
San Francisco, nor the gold of California
cannot block the course Of Justice" Mr..
White expressed his satisfaction at the
case, and declared that only
part Of the chain of evidence had been
made public. The people Of Delaware,
against whom a gross outrage had been
,erpetrated, would stand shoulder to
shoulder, even before tho Supreme Court
If the United States, to demand speedy
rial OF the woman whose hand had filled
he double grave in Dover's old church. |
ard.
Mr.. White when questioned, said that
10 new requisition papers would be taken
ut until Monday. He had little to say
It first, but finally admitted that the final
'apers would be prepared on Monday, and
hat the delay was necessary for two rea-
ons: First, more information would have
0 be obtained and second the affidavit
+ Miss Josephine Bateman, who helped to
pen tho box and ate somo of the poisoned
would have to be taken on
Ionday. After this all can be sent to-
ether to Detective Bernard j. McVey by
sgstered express package
Mr. White visited the residences of all
10 persons who bad eaten of the deadly
OK of bon bons, and by o'clock had them
priv ate room in tho office Of Peter l..
ooper, Justice of the Peace Of Dover.
The aflidavts taken were those Of Thos. |
|. Gooden, Postmaster; Harry b. Pen
lgton, who took che box from the Post
ffice; Leila DeaIe, the Oldest OF the chill
ren who were made i'll by the poisoned
IN -bons Drs. l.. A. H. Bishop and p. $.
owns. the attending physicians, and John
Pennington, father Of the dead women,
i'd who swore out the Botkin warrant.
,fore any of the a1lidavits were valid for
omission to California Courts they had
be taken to the Prothonotsry's office,
here sealed certificate was attached to
ch by Prothonotary William L. Hutson.
The testimony Of all except Mr.. Steven
n was that they were present on the
ght Of August 8 at n little porch party
the home of former Congressman Pen
gton, when Harry Pennington brought
I'M the post office that deadly box Of
ndy addressed to Mrs. Dunning. The
ndy and attending incidents are fully
scribed. Asked whether new extra
tion papers were absolutely necessary,
0 Attorney. General said:
We have been informed that tho name
the accused woman Ia Cornclia, which
probably what the "C' stood for on tho
x. Our papers, now on their way, are
the name of Adelaide c. Botkin, which
ght to be sufficient; but we will take
chances. Wo will therefore take out
lulsition for Cornelia Botkin and for.
.rd it Monday morning with the atlida- Z
5s." Y
The prosecution Will not SO to the ex- J,
nse of sending on the handwriting ex-
It's at this time depending upon the pos \
70 proofs which they profess to have as S
the identity Of the woman and the can Il
Besides this. said the AttcrneyGcn- =
!, II have the assurance OF Assistant
trlct Attorney Dunno. Of San Francisco
\ ho will exert every effort in our be.
[, and know that lis reputation as a
orous prosecutor is Of tho best"
lttorney General White last night dep. |
zed Joseph Dunno. Assistant Prosecu-
Of the State Of California to represent