Evening journal., 1899-01-02
THE LAWS DEFECTIVE
Mrs. Botkin's Counsel Saws
Her Trial Was Illegal.
SHE CANNOT BE FxTRADIrBD

LAWYER KNIGHT CLAIMS CALL
FORNGA COURTS HAD NO JURIs-
DICTEON IN THlE CASE-DUN-
MING SAYS HE WILL RETURN
TO DOVER AND LIVE WITH his
LITlTLE DAUGHTER-HoW TUE
JURY sIOOD-MRs. BoIKIN's
CONDITION.
San Franc.scO, Jan. 2.-Betwee1l
AIrs Coredlla Botkin, convicted OF the
murder Of Mrs. J. p. Dunning, of Dover
Del. and Imprisonment dor life STANDS
single question OF laiw.
This question is simply whether q
California jury can try a person ac-
cused Of committing a Crime in Della
ware, or any either state outside OF
California.
The lawyers Cor the defendant are
confident that they will be able TO save
their client on this ground.
LlAWNlElR KNIGHTS CLAIM
Lawyer Knight. who is leading Coun-
SCI for Mrs. B0tl1in, makes this state
men1 tio the question OF Jurisdiction
and the right to try his cAent in Cali
fornia:
Our great point will be that neither
Judge Cook nor amy other judge in the
State of California had jurisdiction o.
try Mrs. Botkin. We do not mean by
this that she ought ought have been
extradited to Delaware for trial. We
simply say that she cannot be triea
here. Nor can she be tried anywhere
else. The fact is this is one of those
unforeseen cases which have not been
provided for IN our laws. There is nc
law by which Mrs. BOtlkin can be ex-
tradited to Delaware; there is no LAW
by which she can be tried here. II is
simply a flaw in our legal system, od
witch we sharl take advantage
"This verdict does not trouble me In
the least, because it cannot stand the
test of a valid verdict 1t is contrary
to the law and the evidence, and will
surely be overturned either in this
court OF the Supreme Court Our first
step viii be to move for q new trial
on the day set for passing sentence OF
as soon thereafter as we can he heard
II the new trial is denied. Of COURSE
We shall go to the Supreme Court, and
at the Ealhe time We shall raise the
question OF jurisdiction
There are any number Of errors In
the record. on any one OF which we are
entitled to a new trial. and il a new
trial should be denied here, We will be
able 10 secure "a reversal IN the Sli
preme Court It is not necessary to
designate all Of Jhe errors, but the re-
fusal of the court TO give our inEfruc
tiOn about Mrs. Botl0in not purchas-
ing lump arsenic may be cited ae
eone instance. That Of itself is
enough to upset the whole proceeding.
Other objections Of equal importance
are in the record"
Apart from the question Of iurisdio-
ton, which is new, lawyers do not
agree with Knight al to the minor
points in which he charges legal er.
rors. Judge Cook is regarded as one
Of the ablest criminal lawyers in the
state. and he gave the defendant the
benefit Of every doubt
DUNNING TO COME HOMIE.
In speaking OF his future career.
John P Dunning has made the follow-
ing statement:
II have been subjected 70 criticism
OF the most virulent kind. particularly
during the last few days. when Mrs
BOtkin's attorneys were making theil
arguments. There was not one wora
of truth i'm many Of the things they
said about me. but I will reply to none
OF them and VIII make no effort 10 de
fend myself against their unjust at,
tacks. l win leave here as soon as
possible, return to my Old home, where
this whole horrible story is told by
two graves in the little country church.
yard, along the banks OF the st. Jones
river. Then I VIII devote the re.
mainder of my life TO the happiness OF
al have Lent. the little girl wlfo bears
on her face the imprint OF her angel
mother and who Climbs upon my knee
and asks il mamma has gone To
heaven
JUROR MARCUS TALKS.
From the moment the case was
given to the jury Vhere never was any
doubt in the minds OF that body as 70
the guile of the defendant There was
question Of the punishment because
the law OF California imposes on the
jury the duty in capital cases of fixing
the penaAy.
-At Nllt DCE4AnlIS AcA lulOlG NLtCQ
for hanging. one was doubtful and one
was teadfast for life Imprisonment.
That one man succeeded in bringing
the other eleven over to his way OF
thinking, and 50 the verdict stands al
life Imprisonment.
The Jurors agreed among themselves
not to talk for publication about then
deliberations. and most of them refused
TO answer questions. But Juror Mar
Gus said:
81 promised secrecy. It was a com.
promise verdict We VonEidered the
evidence carefully and rendered what
we Thought was true verdict. i
vOsed fOrconviction becauseIWas salts.
fed that the evidence proved her guilt.
have been on a few juries. but !
never met a more conscientious lot OF
men tnan those who tried Mrs Botkin
Tho evidence was so strong that The
Jury could bring in NO other verdict
but grilty We weighed the vidence
carefully. and an agreed that Mrs. Bot
kin WAS a murderass. There was some
argument on advising that her penalty
| be- nquoVnp Or life funrieon mont 1luf I