Smyrna times., 1901-04-03
DELAWARE POISON CASE
RENEWED IN CALIFORNIA
MRS. CORDELIA BOTKIN TO BE GRANTED
A NEW TRIAL BY SUPREME COURT.
AttOrney'General Ward to Hive Charge of
the Delaware End of the Case-Prepar.
ing New Evidence.

In the opinion of the people of the
United States Mrs. COrdelia Botkin is
guilty of the murder of Mrs. John p.
Dunning and Mrs. Joshua ID. Deane
of this State. This fact that the Su-
preme Court of California has granted
her plea for a new trial in no sense af-
fects that opinion in her favor. It
rather increases the sentiment again t
her. On all sides the wish is heard
expressed that the second trial may re-
suit IN a speedy conviction, and that
she may be sentenced once more to
spend the remainder of her life behind
prison walls.
While Attorney General Ward had
newspaper knowledge that new trial
had been granted this modern Borgia.
1T was not until Saturday afternoon
that he received an official communi
cation from the California authorities
bearing on the subject. 1t came in
the shape of a letter from Attorney
General Ford. He recited the circum-
stances leading up to the granting of
the new trial because the court below
had instructed the jury at considerable
length in respect to circumstantial
evidence. The instruction had been
given previously in murder cases in
California, and the courts were ac-
custcmed to give it in all cases inyolv-
ing circumstantial evidence. The pro
ceedings were taken in the Hoff case
and involved the Brandes and Botkin
cases. In the Hoff and Bran4es cases
the question of the jurisdiction of the
California courts was not in contro-
Yersy. In the Botkin case it was.
Counsel for Mrs Botkin cOntended that
California had no jurisdiction. Attor-
ney-General Ford argued to the con-
trary, and decision was rendered es-
tablishing California's jurisdiction: but
the decision in the Hoff case applied to
the BOtkin case, and a new trial was
ordered.
Attorney-General Ward is informed |
by Attorney-General Ford that the new |
trial will be under the auspices and
supervision of the district attorney of |
San Francisco, who is anxious to OBJ
tain a conviction in the case, and
would welcome any assistance from the
of Delaware. The Califor.
MA Encouragement res ents the criti-
clsm by the surviving relatives of Mrs.
Dunnlng and Mrs. Deane of the official
conduct of those who have had charge
OF the prosecution of the prisoner. and
assures AttOrney-General Ward that
everything that could be done has been
done, and that an honest effort will be
made to obtain another conviction on
the second trial.
Delaware has vital interest in This
case, and we are sure that Attorney.
General Ward will do his full share
towards assisting the district attorney
Of the city Of San Francisco to condnct
the retrial to successful conclusion.
Everything that the State can do to
BRING this about should be done, re-
of expense, and if the woman
IS convicted the people of our common
wealth will feel that the time. money
and energy have been we'll spent. They
are unanimously of the opinion that
Mrs. Botkin is guilty of the heinous
crime, and they want her convicted and
punlshed-by hanging, if possible; GER
talnly by nothing less severe than life
imprisonment EUery EUenjn0