Evening journal., 1898-10-12
NEW YORK LEGAL VIEW.
A Law Journal Editorially
Upholds Mrs. Botkin.
CANNOT BE HAD BY LEGAL PROCESS

CANNOT BE HAD BY LEGAL PROCESS
If BROUGHT HERE BY FORCE OR
FRAUD OR OTHER MEANS SHE
COULD BE PROSECUTED RE
CARELESS OF THE METHOD BY
WHICH JURISDICTION WAS OBJ
TANNED.
Law Notes, legal journal published
in New York, upholds the California
authorities in the Botkin case. 1t says:
Mrs Botkin, whose case has attract
ed such widespread interest, will in all
probability never he tried for the all
legged murder which she committed by
sending through the mails from Cali
fornia to Delaware poisoned candy |
which was eaten with deadly effect in |
Delaware. AS she has eVinced no intention
to remove voluntarily to Delaware, the
authorities are anxiously inquiring how
they can by legal process get her with
in the jurisdiction of the state so as 70
enable them to place her on trial for
murder. 1t seems that in mailing the
candy from California to Delaware with
intent to murder, which purpose was
effected, she committed no offense
against the laws OF California,
and that she cam be prosecuted. IL at
all, in Delaware only; and proceedings
are accordingly being taken to extra
dite her Is Mrs. Botkin a fugitive
from Justice? We believe not, and it is
our opinion that there is no process OF
law by which custody OF her can be OBJ
ltained by the State of Delaware; and
we shall not be surprised if before the
, appearance OF our next issue DC has
been so determined. 1t will be remem-
b bered that the Constitution OF the
: United States provides that a person
charged in any state with treason, fel-
ony, or other crime, who shall flee from
Justice and be found in another state
, shall. on demand OF the executive au-
r thority Of the state from which he fed
p be delivered up, to be removed to the
state having jurisdiction of the crime. -
This seems plainly enough to indicate
/ that there must have been a pedis pos
y sesslo on the part of the accused per-
S son in the state which makes the requi-
= slton. We do not think that con-
structive fight is sufficient, or that IL
will be implied that a person is a fugi-
tive merely because he remains out OF
the state which wants him. And this
e seems to be the view which the SUI
I preme Court of the United States has
. taken, for in Elk p. Reggel, ia u. S.
642, 1T was declared that the person for
X whom the demand is made is entitled
to "insist upon proof that he was in
the demanding state at the time he was
alleged to have committed the crime
charged, and subsequently withdrew
from her Jurisdiction. so that he could
! not be reached by her criminal pro-
cess"
Although, as we have attempted to
show, there is NO legal process by
which the State Of Delaware can o'D-
n tain jurisdiction over the person OF
d Mrs. .Botkin,yet 1t is very we'll establish
cd that il she could be brought within
the State of Delaware by force or fraud
or by any other means, however in
10 equitable or violative of her rights, she
,flcould nevertheless be prosecuted there
le and the method by which jurisdiction
was obtained would constitute no de
. fence. This question has arisen In sew
- eral cases, notably Kingen VS.. Kelley
l. a late case in Wyoming, and the prin
in ciple there laid down is that NO right o
/ one accused of crime is violated what
st ever means are resorted to in bringing
Oe him to trial in the jurisdiction wher
he is charged with having committee
a the crime In that case the defendan
X had committed a crime in Wyoming
u and had fed into the State of NebraslNa
er Of which he was a citizen, and he wa
49, forcibly abducted and taken against hi
nd consent into Wyoming and there trieC
& and it was held that the court proper
at refused an instruction that in order
ne give the court jurisdiction it was nee
essary that he be arrested under a Il
I'd gal process, in conformity to the law
nd Of the State Of Wyoming. The coul
IFS cited. among other cases, State v
ny Smith, Bailey Is. Carr POI; and
ng may not be impertinent to remark th'
,,eer we have heard It said that it was OF
mi OF that case that the long and acr
he monious discussion arose between u
me governor of North Carolina and II
ire governor Of South Carolina, which Gu
me minated, without blOOdshed, in Il
w." timely observation of the governor
len North Carolina that it was long tin
out between drinks.
ing "
FIREi FIREi