Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-09-22
EXTRADlTlON REFUSED.
Mrs. Cordeiia Botkin to be Tried In
the Courts Of California.


Attorney Wheeler. for the Defence. Says
That the Poisoned Candy being Sent
From That state is No Reason Why the
Alleged Murderess should be Brought
Here.
San Francisco, CAL. Sept. II. Now
that il is known that Gov. Budd OF
California refuses the extradition OF
Mrs. Cordelia Botkin to Delasa to
be tried there for the murder OF Mrs.
Dunning and Mrs. Deane, INTEREST
centres in the action OF the California
authorities In bringing the alleged
murderesa to justice.
Two coursea are open. Gov. Budd's
decision Ia final 40 far as present ex.
tradition proceedings are concerned,
and there Ia no appeal. Had be granted
sxirRdition, tine cass would have been
carried to the Supreme Court, ami
there would have been long legal
fight before the accused woman cuuld
have been taken back to Delaware.
Now, the prosecution has either TO re-
open the extradition proceedings, pro-
ducinR more satisfactory papers FROM
Delaware, or try the case in Gall
fornia. d
Az Detective McVey has teleerapbed
to Dover to have q formal complaint
against Mira. Dotkin sent on at once, u
| is likely the Delaware authorities will
mike another attempt to nhtain pos
session Of the accused. Should they
fail, Mrs. Botkin will be- formally
charged with murder here and tried in
tho California courts.
| I'VE did not wish to have the case
4 trisd bere,' said Chief of Police Lers
| yesterday. sit is essentially a Della
ware crime. However, II the extra
dition Efforts fail, Mrs. Botkin will be
tried 10 California, and | am confident
that the evidence is conclusive enough
to insure speedy conviction.
District Is ttornsy l1osmer said there
was no doubt that Mrs. Botkin coult
be tried for murder under the lawi
OF California. lie continued: "oul
statutes provide for cases like this. IL
which a peraon in this state murders ;
psrson in another by sending poisor
through the mails, by shooting across
the boundary line or other methods, p
the Kind, II the Delaware authoritie
fail to secure extrndition ,fof tn
prisoner, she will be tried here, w
Z are confident that the trial will resul
in conviction. The chain OF circum
LtanceH connecting Mrs. Botkin Wit
the two murdered women ia unusuall
strung. The people OF Delaware ma
rest assured that the prisoner will no
} escape trial. I"
Gov. Rudd yesterday afternoon CAV
{ the prosecution two weeks in which
have papers corrected 10 Delaware an
forwarded to San Franciaco. He state
positively that he would not gran
extradition on the documents as the
/, have been presented, as II was cleari
/, against provisions OF the Constiiutio
9 of the United States.
: The governor questioned the right
/ of Delaware officials to send papers
t the case to this State when the laws {
!. Delaware, he said. require absolu
t proof Of tho guilt OF az accused perHc
j, iefore that State will permit 0f eztr
II ,lition from Delaware.
= Attorney Wheeler, for the deTenc
o argues thut Mrs. Botkin was not
"a fugitive from Delaware, for the reast
l. that she had never heen in that Stat
Z. Because the poisoned candy was 30
IS from California, he says. Is no reas,
:. why his cliunt should be taken
1t Delaware for trial, even though Il
rs sequel of the crime took PLACES In tn
" State. W
" Undor the California statutes Il
3, extreme punishment provided for son
1T ing poison through tho mails
lie another State with intent to cause /
Sc deuth of some one is 10 years
I'd prison. II Mrs. BotlSin should be !
a, leased OIL hsheas corpus owing to I
Al failure oil the sxtradition prnuoedin
K. she will be arrested and prosecut
to hsre on felony charge, and " &C
8 victed cannut be sentenced to INC
q. than 10 years in prison.