Evening journal., 1901-03-25
Is COLLECTING
MORN EVIDENCE
Delaware Again Will Figure
in Prosecution OF Mrs.
BOtkin

evidence to assist the San Francisco
authorities in the retrial.of Mrs. Cor
della Botkin. accused OF numbering
Mrs John P. Dunning and Mrs. Joshua
D. Deane, Of Dover, by sending POI
soned candy TO Mrs. Dunning.
The Delaware witnesses who went
TO San Francisco to the first trial
probably win go again, with perhaps
the exception Of Former Congressman
John b. Pennington. the father of The
murdered women. He is in poor health.
Mr.. Ward has received the following
letter from Tlery l.. Ford. attorney
general of San Francisco:
State Of California,
Office OF Attorney General,
San Francisco, March l6. 1901.
Hon. Herbert H. Ward. Attorney -Gen-
eral. Dover. Delaware:
Dear Sir. When assumed MY pres
ent oifice in the early part OF January.
1899 / found several murder eases
pending on appeal in the Supreme
Court ~ this State, among which was
the case of People VS.. Botkln, with
whicn, ! assume. you are somewhat ia
miliar Among the cases which thus
found pending on appeal was one en-
titled People VS. Hon. a murder case,
wherein the court below had instructed
the jury at considerable length in re-
spect to circumstanual evidence. The
instruction thus given in the Hon case
was given in identical language IN the
Botkin case and also in another ceie-
brated murder case known as the
Brandes case. all of which, as 1 have
suggested, We're pending on appeal
when assumed my present Office. All
or these cases depended upon circum-
stantal evidence and i'm each OF them
a conviction was obtained In the trial
court from which the appeals Ia qnes-
tlCn We're taken. The HOm case was
first reached by the Supreme Court,
the judgment In which was reversed
land the case remanded for a new trial
because OF the giving Of the instruction
upon circumstantial evidence above re-
ferred TO. This instruction had been
previously given In murder cases in
this State and trial courts were accus-
toned TO give .t in all cases involving
circumstantial evidence. knowing
that II the Hof case were reversed
the Brandes and Botkln cases
Wculd, OF necessity, be reversed
also | potiuoned the court for re-
nearing in the Hof case. which was
GRANTED me. ! thereupon reargued the
case orally before the Supreme Court
and filed written briefs therein. The
lcolrt finally adhered to its earlier rul-
ing by vote OF four 20 three. our
court consisting Of seven justices. four
loI whom sustained the earlier ruling
lci the court, while three of them dis
sentei and followed the rules which 1
mad presented in my argument Ii thus
became apparent that the Batkin case
rs well as the Bmndes case must 20
back for new trial. In the Brandes
case there being no question of juris-
ldiction, the judgment was at once re-
yersed upon the authority OF the Hoif
case and the case remanded for a new
trial. In the Botkin case. however. IL
was contended by counsel for appellant
that the State of California mad no
jurisdiction 20 try the cause. This
contention ] combatted and upon This
Point alone was the case submitted IA
the Supreme Court which tribunal on
the day before yesterday rendered its
ldecision In favor OF the Jurisdiction. az
]
remanded the cause for new trial
This new trial will be under the au-
spices and supervision OF the district
attorney Of the city of san Francisco
lupon whom the law places this duty /
know the district attorney is anxious
to obtain a conviction in the case and
would welcome any assistance You
might render him in the premises.
write you thus in order that you NAV
be fully apprised Of the present situa-
lion 70 the end that you may take such
steps as you deem advisable in respect
TO the matter The address OF the dis
triet attorney of this city is: Lewis +.
/ Byington, District Attorney. Hall of
Justice. San Francisco. California.
! From the enclosed clipping from the
san Francisco Examiner. of March rs.
1901. I suspect that the surviving rela-
tiyee of the victims of Mrs Botkin
nave gained an erroneous impression
in respect to the official conduct OF
those who have been charged with the
prosecution Of Mrs Botkin in this
State. This Impression. If it exist. /
can assure you is wholly and abso-
lutely without foundation.
Very truly yours.
TIERY L. FORD,
Affopuatr- Z dvtora .F rt.ftfa....s.