The Providence news. (Providence [R.I.]) 1891-1906, 1903-02-17
Judge Cook Opposed to EIgsnd-
Ing $4,000 for Second Trial.
CONVICTION VERY DOUBTFUL.
As Result Of Death Of Witnesses Woman
Once Pronounced Guilty Of Murder May
Gain Ter Freedom.

San Francisco Cal, Feb. i7.-JudiciaI
officers differ In their judgment regard
ing the advisability OF submitting the
charge of murder against Mrs. Cordelia
Botkin to another hearing before a jury
After "a trial lasting twenty-five days
Mrs. BotlSin was convicted Dec. 80. 1898.
for murder in the first degree for having
deliberately murdered Mrs. John B. Dun
ming. OF Dover, Del. IL was proven 10
the satisfaction OF the court and jury
that Mrs. Botkin sent box of candy
containing arsenic to Mrs Dunning, and
that the latter and Mrs. Leila Deane, also
OF Dover, died from the effects OF the
poison after eating some OF the candy.
Jealousy OF Mrs. Dunning on the part
OF Mrs. Botkin. who was infatuated with
Dunn,ng was the motive for the crime.
TRIAL WAS COSTLY.
The trial of Mrs Botkin cost the county
OF San Francisco upward OF $1,000. rhe
woman appealed from the finding of guilt
and contended that there was error In
the instructions OF the court. The SUI
preme court reversed the decision and
remanded the case for another trial on
the allegation that Judge Cook erred IN
his instructions insomuch that GER
tain clause In parenthesis was in error.
This charge OF Judge Cook took Ner-
batim from the charge OF Judge Murphy
to the jury in the Durrant. case and ana
by the supreme court. 1t was a clause
or paragraph originally taken from the
courts charge in the famous Dartmouth
college case Of fifty years ago and mas
been considered the law in criminal ju-
rsprudence, being often quoted since
that time
When Attorney General Ford was in
formed of the precedents for the clause
complained OF he called them 10 the at
for a rehearing OF the appeal OF Mrs.
Botkin. but the court refused TO reopen
the case.
WITNESSES DEAD.
Mrs. Botkin is In jail under sentence
OF life imprisonment Since her cor
viction Chief OF Police Lees. who worked
successfully In discovering the person
guilty OF having mailed the box OF candS
from this city. and who aided the dis
trict attorneys office largely in securing
father OF Mrs. Dunning who took the
package OF candy from the Dover post
office and delivered IT to his daughter.
IL also dead
Pennington had charge OF the candy
after the death OF the two women until
he turned IL over to the coroner and his
evidence was material In proving that
the candy was not tampered with after
being received az the postofrice. He also
testified regarding the now famous
anonymous letter that connected Mrs.
Botkin with the crime. Judge Carroi
believes that Pennngton's testimony is
essential in order to secure a second con-
viction OF Mrs. Botkin. and that without
the testimony OF the deceased the main
link in the chain OF identification OF the
poison is gone.
District Attorney Byington believes
that he can convict the woman without
the testimony of Pennington as present
ed at the trial OF 1898.
MONEY APPROPRIATED
The supervisors have appropriated $4,000
to defray the expenses of bringing the
Delaware witnesses here again, but Judge
Cook refuses to join the district attor-
ney in drawing a voucher for this money.
Judge Cook does not see any reason why
this county should go to the expense OF
~ least $4,000 for another trial of Mrs
Botl<in. when the result. in his opinion,
must be acquittal, az there could not be
otherwise than doubt In the minds OF
the jury as TO her guilt with the neces-
sary link In the chain missing
District Attorney Byington. firm in the
belief that he can again convince jury
OF the guilt OF Mrs. Botkin. believes that,
insomuch as she caused the death OF
two persons, the expense should not be
considered in the effort to mete out jus
tive TO the perpetrator of such "A crime.
Mrs. Botkn's attorney, George a.
KNIGHT. Is az present In Europe. but
speedy trial or dismissal OF the charge
against her Will be demanded