Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1898-09-17
WILL REFUSE PAPERS.
Governor Budd Refuses to Give
Mrs. Botkin Up at Present.
SHE NAY BE TRIED IN FRISCO
If EXTruADITION PROCEEDINGS
FAlL - DISTRICT ATTORNEY
HOSlMER'S OPINION ON THE
CASE-M'VEY TEIEeRAPHS A
FORMAL COMPLAINT.

NAON IN WI lLl1EGdNAfiS a
FORMAL COMPLAINT.
From present appearances there
SKINS TO be some doubt as to whether
Mrs. Cordelia Botkin Will be brought to
this state for trial ON the charges
against her. A Sam Francisco special
contains the following:
San Francisco, Cal, Sept. 17.--Now
that It is known that Governor Bupdd,
Of California, refuses the extradition
of Mrs. Coredlia Botlmn to Delaware, to
be tried there FOR the murder OF Mrs.
Dunning and Mrs. Dcane, interest cen-
ters In the action OF the California au-
thorities in bringing the alleged mur-
deress to justice.
Two courses are OPEN. Governor
Budd's decision is final so far as pres
ent eNtradition proceedings are con-
eerncd, and there is no appeal. Had
he granted extraditlon th9-case would
have been carrph to the Su-
preme Court, and there would
have been a legal fight bffore the
accused woman could have been taken
back to Delaware. Now the pnosecu-
tion has either to reopen the extradi-
ton proceedings, producing more sat
isfactory papers from Delaware, or try
the case in California.
AS Detective McVey has telegraphed
to Dover to have q formal complaint
against Mrs. Botkin sent on at once,
It is likely the Delaware authorities
will make another attempt to obtain
possession OF the accused. Should they
fail, Mrs. Botlzin will he formally
7 sharged with murder here and tried in
the California courts.
1--WE did not wish to have the case
tried here" said Chief OF Police Lees
yesterday. 1T is essentially a Delaware
crime. However, II the extradltlon ef.
+ forts fail, Mrs. Botluin will be tried IN
l. California and am confident that tn,
\ Il evidence is conclusive enough to insir'
q speedy conviction.
4 District ATTORNEY Hosmer said Their
t was no doubt that Mrs. Botl1in could b
e tried for murder under the laws o
y California. He continued:
''Our statutes provide for cases hlx
n this, in which a person in this stat
{, murders a person in another by send
Ie ing poison through the mails, by shoot
ing across the boundary line or othe
e methods OF the kind. II the Delawar
authorities fail TO secure extradltlol
i OF the prisoner, she will be tried here
il We are confident that the trial will re
suit in conviction. The chain OF cir
cumstances connecting Mrs. Botki
with the two murdered women is un
usually strong. The people OF Della
II ware may rest assured that the prls
, oner will not escape trial"
Governor Budd yesterday afternso
gave the prosecution two weeks
~ ~ which to have papers corrected in De
a. aware and forwarded to San Franclec'
re He stated positively that ne would nC
grant tAudulliou Oh bllt uDNuAhthNA q
they have byen presented, as II wa
~ clearly against provisions OF the Con
al stitution OF the United States.
The governor questioned the right 4,
nd Delaware officials to send papers in u
b. case to this state when the laws I
u- Delaware he said. require absolu'
proof OF The guilt OF an accused persc
before that state will permit OF extr
ditiOn from Delaware.
Attorney Wheeler, for the defenc
- argues that Mrs. Botluln was not a rug
81 tive from Delaware. for the reasC
that she had neveE been iD that stat
ry Because the poisoned candy was SCI
ng from California, he says, is no reas'
~ ~ why this client should be taken to ID
'ee aware for trial, even though the sequ
ok Of the crime took place in that state.
er, "