The sun., 1901-03-25
REASONS FOR
B0TKIN TRIAL
Tiery L. Ford, California's Attor-
ney-General Writes Mr.. Ward.
MRS, BOTKIN rs HOPEFUL
Delaware's Attorney-General Will
Prepare His Case at Once and
Be in Readiness for
the Retrial.
MRS. BoTKIN is HOPEFUL

Attorney-General Herbert ii. Ward
iias received a letter from Attorney Gen
raj Tiery l.. Ford, of California, in
which are set forth the reasons for
granting new trial in the celebrated
Mrs. Cordelia Botkin case. In view Of
ihe great public interest in the matter,
and to correct any erroneous impression
he relatives of the murdered women,
Mrs. John l.. Dunning and Mrs. Deane,
may have regarding the official conduct of
hose charged with the prosecution of
The case, Mr.. Ward has given the letter
FOR publication. 1t follows:
State of California,
Office of Attorney General,
San Francisco, March 16, 1901.
Hon. Herbert II. Ward Attorney Gen
eral, Dover, Delaware:
Dear Sir:-When l assumed my pres
mt office in the early art of January,
1893, l found several murder cases pend
ng OH appeal in the Supreme Court of
his State, among which was the case Of
'eople VS.. Botkin, with which, l as
'lime, you are somewhat familiar.
Among the cases which l thus found
pending on appeal was one entitled Peo-
Die VS.. Hoff, a murder case, wherein the.
ourt below had instructed the jury at
considerable length in respect to circum-
tantial evidence. The instruction thus
given in the Hoff case was given i'm
IDENTICAL language in the Botkin case and
llso in another celebrated murder case
iown as the Brandes case, all of which,
is have suggested, We're pending on ap-
i
Nj of these cases depended upon cir
umstantial evidence and in each Of them
, conviction was obtained in the trial
curt from which the appeals in ques-
ion We're taken. The Hoff case was
irst reached by the Supreme Court, the
Judgment in which was reversed and the
.ase. remanded for new trial because
If the giving Of the instruction upon
'ircumstantial evidence above referred
o. This instruction had been previously
:iven in murder cases in this State and
rial courts We're accustomed to give
in all cases involving circumstantiai
vidence. Knowing that if the Hoff case
so, petitioned the eoGFt 18Sf ord faatdkiip fRaatdkiip
| ng in the Hoff case, which was granted
ne. thereupon reargued the case Or
| lily before the Supreme Court and filed
| written briefs therein. The court fin
| lily adhered to its earlier ruling by a
| ote of four to three, our court consist
| ny of seven justices, four of whom sus-
| aimed the earlier ruling Of the court,
While three of them dissented and fol-
/ owed the rules which 1 had presented
II my argument. 1t thus became appar-
| mt that the Botkin case as well as the
Brandes case must go back for new
rial. In the Brandes case, there being
% question of jurisdiction, the judgment
vas at once reversed upon the authority
II the Hoff case and the case remanded
or Il new trial. In the Botkin case,
,owever it was contended by counsel
for appellant that the State of California
ad no jurisdiction to try the case. Thi.
'ontention l combatted and upon this
pont alone was the case submitted in
the Supreme Court, which tribunal OF
lay before yesterday rendered its deci
ion in favor of the jurisdiction Of the
State of California and thereupon re
handed the cause for new trial. Thi.
new trial will be under the auspices ant
supervision of the district attorney o.
he city of San Francisco upon whom
he law places this duty. 1 konw tn,
listrict-attorney is anxious to secure ,
conviction in the case and would welcom
my assistance you might render him il
he premises. ! write you thus in orde
hat you may be fully apprised Of th
. resent situation to the end that yo
, nay take such steps as you deem advis
bic in respect to the matter. The ad
! ress of the district attorney of thi
ity is: Mr.. Lewis Il. Byington, Distric
t >ttorney Hall of Justice, San Francisco
'alifornia.
| From the enclosed clipping from tll
San Francisco Examiner, OF March II
9Ol, | suspect that the surviving rel;
! ives of the victims Of Mrs. Botkin hay
;ained an erroneous impression i'm respe,
. the official conduct of those who hay
,een charged with the prosecution ,
a Mrs. Botkin in this State. This impre
ion, if it exist, l can assure you
y yholly and absolutely without found
ion. Very truly yours,
e Tiery L. Ford,
d Attorney General of Californi
II Attorneys General Ward will get Il
7. 'ase, so far as he is concerned, in shaI
q Immediately, and will gather the e,
IS lence and send it to the California Il
d horities as soon as possible.
Rummage sale for Teachers.