Evening journal., 1904-03-16
DEFENSE
CLAIM A POINT
Said That Former Coroner of
Kent County Win Com
T. bat Murder Theory
COMMISSION TO TAKE HIS EVIDENCE

- ~ fN'''~~
and Says It Has Enough Testi-
mony to Justify a convietion-Nine
Jurors Are Drawn.
San Francisco, March 16-What the
defense claim Is a strong point for
their client was scored in the BotlSin
murder trial today when at the request
of Attorney George Knight Of counsel
for the defense, Judge Cook appointed
a commission to take the testimony. OF
William y. Wall. of Trenton. n. j., who
was coroner at Dover, Del, at the time
Mrs. John j. Dunning and her sister,
Mrs. J. ID. Deane met death I'm that
city.
This testimony VIII be the strongest
evidence for the defense. and on it At
torneys Knight and McGovern chiefly
rely to prove Mrs. Botkin's innocence Of
murder. Wall Is expected TO testify that
he was present an the autopsy ON the
bodies OF Mrs. Dunning and Mrs. Deane
and that two OF the physicians were OF
the conviction that they met death by
other means than arsenical poisoning.
one physician declared the two women
died of cholera morbus, while the other
declared ptomaine poisoning caused
death.
Ia spite Of these medical opinions the
coroners jury brought IN the verdict OF
deaths by arsenical poisoning on the
Opinions OF these physicians, as vouched
for by former Coroner Wall. Mrs. Bot
kin hopes for her freedom.
Nine Jurors Secured.
The work Of securing a jury is pro-
ceeding slowly. AS a result Of the first
two days examination of talesmen only
mime jurors were passed. Several de-
clared that they would not render a
verdict to hang woman and number
already had formed opinions regarding
the case None of those examined were
anxious to serve and it is not expected
that a jury will be obtained for a day
or two.
The jury list having been exhausted,
Judge Cook ordered that "a special ven-
ire be summoned TO appear at 10 o'clock
tomorrow morning.
Witnesses Expected Tomorrow
The Delaware witnesses are due Ia
arrive here Thursday. and District
J Attorney Byington has announced hi.
intention OF placing them on the stant
before the evidence Of others for th'
prosecution has been presented.
District Attorney Byington says thai
all the talk about the State having iosl
some Of It's most important witnesses Is
nonsense The only testimony not now
Forthcoming is Of small consequence.
Among the witnesses who will not
be here" said Mr.. Byington, Il find the
name Of Walter Morris the cashier OF
La bank IN Dover. Del Mr.. Morris evil
dence is OF no Importance whatever. lie
merely testified, that he was at the cor
oner's inquest and saw the box OF
candy there We don't care whether
he did or not.
Postmaster Goodwin OF Dover. will
mot be here, but his assistant Miss
Kemp, is coming. and their testimony
covers the same ground. Miss Kemp
viii testify to the receipt OF the box OF
candy at the Dover post office and that
she put it in Mr.. Pennington's box
Miss Kemp in sorting the mail picked
up the box and gave Il to Goodwin
sayin,: Here is box for Mrs. Dun-
ming, 1t was put IN Mr. Pennngton's
box. Ht was the father Of Mrs Dun
ming and Mrs. Dean. the two women
who We're poisoned, and was once At
torney- General Of Delaware and alsC
a member Of Congress.
Harry Pennington, the old mans
grandson, S coming. He got the boz
from the post Office and gave It to Mrs
Dunning where she was sitting on tn,
veranda with her sister and other mem.
bers OF the family The candy wa,
passed around and everybody who ate
Of 1t suffered from poisoning. 1t was
offered to old Mr.. Pennington, but h
refused because he had a quid Of to
bacco IN his mouth. Not all Of thos'
who ate Of the candy died. but the,
were all taken in. Among these wer'
Miss Bateman and Miss Millington
They win testify at the trial
"Dr. Bishop, the family physician
! will be here. and DR.. Downs. who wal
called I'm consultation. DR.. Wolf. tn
state chemist. Of Delaware. win b
present to testify TO finding arsenic n
5 the candy We have the box Of cand'
E and the handkerchief and accompany
{ ing note. ne win prove by expert tes
b timony that the handwriting in tn
I note is that Of Mrs. Botin.
! 1--WE have all the California witness
es. the girls who sold the candy am
the man who sold the arsensc.
John y. Dunnigan. the post ofiic
. clerk at the ferry station. WHO saw tn
D box in the mail. viii testify He no
/. tlced the address TO Mrs. John p. Dun
. ming, with the remark. Pretty near m,
e name We have also the girl who soil
S the handkerchief that was found I'm tn
box and the witness who found i'm Mrs
: Botkin's room at the Victoria Hote
e the seal of the capdy Store that ha'
S been on the box-rNe have besides tn
e woman with whom Mrs. Botkin talkel
. concerning the effects of arsenic"