Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-10-27
MRS. BOTKIN WINSA VICTORY.
California Court Refuses Re-
quest for Extraditlon.
THE. FIGHT WILL Be CONTINUED
To be Taken to the United
States Supreme Court.
Delaware Authorities Detarmined TO Keep
Uptns oontest-It May Mean a Delay of
SIX Mouths, But No Enn$t WIN Be Spared
to Bring the Acoused Woman to Delaware
tor Trial. Nts

San Francisco, Cal. 4Oct. 24.--Mrs.
Cordelia Botkin will not be extradited
to the State of Delaware. If she is to
be tried for the murdqf of Mrs. John
p. Dunning and Mrs. peane of Dover,
Del, the trial will t8ke place in this
State. Such was the cdl1clusion reached
by Superior judges Xlook, Wallace,
Seawell, Troutt and Rprden upon the
writ of habes corpus Ned for by Mrs!
Botkin's attorneys. 1Ke decision was
rendered at high noon 3pday.
There yet remainsA the question
whether or not Mrs. Bofkin can legally
be held for trial here.# Upon the con-
struction of this sectio1 Judge Carroll
Cook alone will hsar a5gument. So no
final order was made on the writ today,
Judge Cook merely Uxdering CON
tinuance until SaturdaS.
With regard to his Honor's decision
will rest Mrs. Botkin '& fate, SO far as
a trial in California is concerned. AS,
however, the counsel ID both sides of
the case are notified to- have their wit
nesses ready, it is fair 10 presume that
Mrs. sBotkin will not bb permitted to
escape the consequences of her crime
without proper Investigation before
judge and jury. 4%
Five judges, in holding that Mrs.
Botkin cannot under The law be ex-
tradited, simply decide that the Legis-
lature has omitted to provide for Just
such case as that Of Mrs. Botkin.
Under the law as it NOW stands she is
not fugitive from Justice, having
never set foot in the State of Della
ware. Nor is there any way by which
she can be extradited. The judges say
that the omission can be rectified by
act of Congress, but until this is done
the law must be held ito be defective
in this respect.
Mrs. Botkin was accused of sending
a box Of poisoned chocolates through
the mails from Sanl Francisco, of
which the dead women bartook.
DELAWARE TO KEEP uf THE FIGHT.
Dover, Del. Oct. Oct. IA. The State
authorities manifested great disap-
pointment tonight when Detective
Bernard j. McVey, Delaware's repre-
sentative in California, wired that the
Supreme Court there unanimously re-
fused the extradition of Mrs. Botkin.
.We would have presented her case to
the grand Jury, which will sit again
tomorrow" said Attorney. General
White, "but, however, we are not
done fighting, and we will yet bring
her to trial here
Deputy Attorney General Peter Z.
Cooper received the messages from
McVey tonight, and he Immediately
instructed McVey to enter an appeal
to the United States Supreme Court
through his counsel, District Attorney
Hosmer of San Francisco.
TO APPEAL TO wAsHINaToN.
The decision of the California Court,
on habeas corpus proceedings, in
which Bernard. J. McVey, represent
ing the State of Delaware, is re-
spondent, orders the discharge of Mrs.
Botkin on the habeas corpus writ, on
small surety bond, for the sending of
poison through the mails.
lit will mean six months battle,"
said Deputy Attorney General Cooper,
but we mean to go right ahead. -
The appeal will be taken on two
grounds-first, against the ruling that
she is constructively not fugitive
from Justice, and, second, upon the
courts review of Gov. Budd's decision
to grant the extradition. As Mrs.
Botkin must be brought to WashingI
ton, d. g., under ruling Of the
Judges, when habeas corpus proceed
ings or appeals are taken, there is
every reason for the Delaware authori-
ties to take part in the fight.
Mrs. Botkin will be taken into the
custody of the United States authori-
ties, and Detective McVey will return
to Delaware. Ii the California de-
cision holds, it opens the way for
murder by means of bombs and
poisoned candy, If sent from one State
to another, without punishment.