Evening journal., 1898-10-25
WILL NOT COME EAST
Court Decides That Mrs. Bot
kin is Not a Fugitive.
is NO WAY TO BXTRADITB HER
FIVE JUDGES SIT EN- BANC-MosT
FAMOUS CASE ON REcoRD-MRs.
BOTKIN GIVEN IN CHARGE OF
UNITED STATES AUTHORITIES.
MvEY TO COME HOME.


UNITED STATES AUTHORITIES.
MvEY TO COME HOMIE.
Sam Francisco Oct. 25.-Mrs. Cor
della Botkin will not be extradited to
The State Of Delaware If she is to be
tried for the murder of Mrs. John P.
DunniIg, the trial will take place in
; this state. Such was the conclusion
Preached by Superior Judges Cook,
wallace, Seawall, Trout and Bonden
E upon the writ of habeas corpus suea
for by Mrs. Botkin's attorneys.
The decision was rendered yesterday.
*There yet remains the question
whether or not mrs. Botlxin can legally
be held for trial here, under section 20
of the penal code, which gives among
&person liable to punishment under the
laws of this state "all persons who
commit, in whole or in part, any crime
S|within this state"
Upon the construction OF this section
#Judge Carroll Cook alone will hear ar
4 gument. No final order was made on
the writ yesterday. Judge Cook mere
y ordered a continuance until Satur-
day.
The FIVE judges in holding that Mrs.
Botzin cannot under the law be extra
# iited, simply decide that the Legisla-
ure has omitted to provide for just such
bases as that of Mrs. Botl1in. Under
the law as it now stands she is not a
fugitive from justice, having never SET
e foot in Delaware; nor is there any way
n which she can be extradited. The
udges say that this omission can be
rectified by an act of Congrcss, but
5, until this is done the law must be held
defective in this respect. All parties
Interested were in court when the de-
ision was given
The opinion Of the court was written
by Judge Cook and concurred in by all
Il his associates. Judge Cook read the
ecssion. which covered fifteen pages Of
ypewritten matter
TO co TO SUPREME COURT
Dover Oct. 25.-The decision of the
3 california Superior Court to grant the
writ of halbeas corpus, thus releasing
Mrs. Ada c. Botkin from process Of ex-
tradition, Delaware jurists and the au-
horities think, is a delicate question.
Y Mrs. Botkin being a constructive
: Tugitive, the state authorities were
Nfraid that the California court, follow
ng out the general attitude in that
tate, would decide adversely TO this
tate's interests. SO Detectivev McVey
vas instructed Immediately to enter an
appeal to the Supreme Court OF the
United States through District Attor-
hey ]. A. Hosmer, of San Francisco.
& This makes the Botl1in case one Of
he most famous in criminal archives.
Whenever the question Of being con
structive fugitive from justice under
he Federal Constitution comes up be-
ore that court it will involve the safe
Guarding of human life in the various
Btates against the sending of bombs,
Doison or other death-dealing matter
rom one state into another
In an interview last night Judge
Srubb stated that il the United States
Bupreme Court shall be unable to place
construction to this effect on the
.ause of the national Constitution in
huesbion then that Constitution must
ither be appropriately amended or else
bin the respective states of the Union
must enact laws providing adequate
punishment for those who forward
ieauly matter from one state to an
Dther by mail and cause death by Sc
loing.
The decision OF the California eouri
on habeas corpus proceedings in
which Bernard ]. McVey, representing
The State of Delaware, is respondent
The decision orders the discharge o.
Mns. Botkin on the habeas corpus wrll
bn a small surety bond for the alleged
sending Of poison through the mails.
81. McVey, as respondent, immediate lN
gave notice of an appeal and was al
owed the customary number OF days
30 prepare the same and enter the ap
proved surety. Meantime, Mrs. Botkll
must remain in prison.
~ "It will mean six months bate
(. said Deputy Attorney-General Cooper
but we mean to go right ahead"
The appeal will be taken on wv
grounds-frst against the ruling tina
She is constructively not a fugitiv
from justice. and, second, upon tn
courts review Of Governors Budds de
cision to grant the extradition.
|4Iz AS Mrs. Botkin must be brought I
washington. under ruling Of tn
|iuSges. when habeas corpus proceed
ngs or appeals are taken, there
every reason for the Delaware authori
les TO take heart in the fight