The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-03-22
new WITNESS IN
The BOTKlN CASE
POStOffiCe Clerk TeStifies as to
Poisoned Package.
WRAPPER PUT IN EVIDENCE
SEVERAL TILTS BETWEEN oP-
POSING COUNSEL.
WRAPPER PUT IN EVIDENCE

Mrs. John T. Dunning at Dover, Del,
in August, 1898, BY means Of poisoned
candy, was resumed in Judge Cook s
department of the superior court al
1e:15 this morning. AT the request of
the defense, all witnesses were eXclud-
ed from the court room. Judge Cook
also ordered from the room all children
and miners. OF whom a number were
present. accompanied by women. Judge
Cook declared il was no place FOR chill
dren.
District Attorney Lewis F. Byington
then began addressing the jury, giving
a resume of the evidence that would
be introduced by the state and what
the prosecution expected TO prove.
Facts to Be Proved.
District Attorney Byington, in his
opening statement TO the jury, said
that among the facts that would be
proved by the prosecution were: The
meeting Of John Z. Dunning, the nus
band of the murdered woman, and de-
fendant in Golden Gate park; the in
faJuatiOn OF Mrs BOtldn for Dunning;
the subsequent intimate relations be-
IVY cen the two that began almost with
the first day of their meeting, extended
ON er several years and became even
closer when Cummings wife departed
for the east on visit III 1897 and Dun
ming, at the defendants solicitation,
went to live with her, continuing tins
relationship until the spring of 1898,
when Cunning was called east to go
10 Cuba as a war correspondent; that
the defendant pleaded with him not
to go; that Dunning told her he would
return 10 his family and make amends
for the past by leading better life.
Death of the Victim.
The death of Mrs. Cunning. at Dover,
Del, in August, 1898, from arsenical
poisoning through the mails; the death
Of Mrs. Deane and the illness of other
members who ate the candy; that the
address on the box of candy was III
the handwriting of Mrs Botkin; that
the box also contained u handkerchief
which the prosecution would prove had
been purchased AT a dry goods store
in this city about June L of the same
year; that the candy was purchased
from George Haas & CO., in San Fran
cisco, by a person answering the de-
scriptiOn OF Mrs. BOtkin; that the de
PENDANT purchased large quantities Of
arsenic in TWO different drug stores
in this city and asked of a friend OF
several physicians the effect of arsenic
on the human system, that the candy
eaten by Mrs. Dunning was made by
George Haas 4 Co, of San Francisco;
that the seal of this firm. posted on the
box was subsequently found in Mrs.
BOtkin's room at the Victoria Motel.
A New Witness.
4 new witness in the case, Miss
Elizabeth L. Kemp. who was a clerk
in the pOstCfiice at Dover, at the time.
was the first witness called. She tesu-
fed in place Of Postmaster GoOdeu,
who gave his testimony in the first
trial. Miss Kemp testified TO taking
the package addressed 10 Mrs. Dun
ming from the mail pouch and calling
Postmaster GOoden's attention TO it.
She described the package, its dimen-
siOns. and identified the wrapper
which was one OF the exhibits in
court.
She proved a good witness for the
prosecution ana the only weakness
brought out by the rigid cross-eXam-
ination of George A. Knight. attorney
for the defense. was her admission that
tho testimony Of Postmaster GOOden in
the first trial had been given 20 her
TO read on her way from the east
Knight could not shake her testimony
as to the Identification of the wrapper
around the package nor get her TO adj
NIT that she was TO be pecuniarily COM
pensated for her trip west. beyond her
legitimate expenses and so much per
diem il was this question Of how
much she was to receive per diem that
caused several Tits between the attor-
neys. Miss Kemp declaring that she
had no understanding with the prose
cutfOn as to how much she was TO re-
CeiVe-
Harry C. Pennington, a nephew OF
Mrs. Dunning, testified 10 getting the
package at the postohice and giving IL
70 his aunt and was sill on the stand
when the court took a recess.
All Become Sick.
Harry &. Pennington. q nephew OF
Mrs. DUnuing. followed Miss Kemp. He
testified to taking the fatal box OF
candy from the Dover pOstOffice and
giving il to Mrs. Dunning a the Pen
nington home. where he was visiting
He related how al who partook OF the
poisoned chocolates became i'll, he
among them. He told OF the death OF
Mrs. Dunniug and her sister, Mrs
Dean. but said THAI the cause was not
attributed 10 the candy until after the
burial Of Mrs. DunninE and Mrs
! Deane. He identified the box that had
/ contained the candy, and the wrapper
around it.
| Miss Josephine Bateman. a school
/ teacher in Dover. who was passing the
/ Pennington house on the evening in Au-
gust. 1898 when the package was received
] by Mrs. Dunning. told how the latter
! called her into the house and gave hel
some of the candy. Miss Bateman tool
] several pieces Of cream chocolates. and
( on placing them i'm her mouth detected
some particles Of hard gritty sub
stance which caused her 70 throw tbs
candy away. she was taken slightly
/ i'll from the little that she had eaten
and subsequently, learned that the HARD
substance was lump arsenic
One of the Victims.
/ Ethel J. Wilmington. the daughter Of
la hOtelkeeper in Dover. who was a
the Pennington home the same even,
/ ing. also testified how she became il
from eating of the candy received by
4 Mrs. Dunning, and Identified the wrap
( per that was around the box.
Miss Wilmington was followed by Mis-:
Leila Deane. the daughter Of Mrs
Joshua Is. Deane. Il sister OF Mrs. Dun
ming. who also died from eating Of tn,
| poisoned candy.
J Besides testifying to the receipt o.
I the box of candy and Identifying tn,
I box. wrapper. handkerchief and note
she told of her mothers illness: tn,
/ terrible fever with which she seemed
TO be consumed. how she declared tina
she was burning up, and her sunse
quent death; as well as relating tn,
/ illness Of Mrs. Dunning, and her dealt
on the day following that of he
mother.
nATE CEA NCED