The San Francisco call., 1904-02-16
BOTKIN TRIAL
IS POSTPONED
District Attorney Byington
Makes a Proper Showing and
Judge Grants a Continuance
FILES HIS AFFIDAVIT
Court Is Assured Witnesses
for Prosecution Outside the
State Will Be Here March 10

Judge Cook did not carry out his
threat to dismiss the case of Mrs. Cor
della Botkin, charged with the muir
der of Mrs. Mary Elizabeth Dunning,
yesterday, but continued the case
till March 10, when it is expected that
the witnesses in Delaware and other
Eastern States will be present.
The defendant was in court, looking
plump and self-possessed. She was
accompanied by her sister and when
she entered she smilingly shook hands
with her attorneys, George A. Knight
and Frank MCGOWAN. She appeared
to take a keen interest in the pro-
ceediDgs and when the case was con-
tinued she engaged in earnest conver-
sation for some minutes with her at
torneys. Detectives Ed Gibson and
Whitaker were in court, prepared to
rearrest her should the case be dis
missed.
STATE ASKS CONTINUANCE.
When the case was called Attorney
Knight, for the defendant said he was
ready to proceed with the trial. Dis
trict Attorney Byington said he was
not ready, owing to the absence of
witnesses outside of this State. He
asked for a continuance till March Is,
when he had every assurance that
these witnesses would be here, and he
hoped the defendapt's attorneys would
offer no objection. He had spoken to
Attorney Knight about two weeks ago
on the subject and Knight had stated
that he was agreeable to a continu-
ance. He would ask Knight now if
he would consent to the trial going
over till March 15.
Knight replied that he was ready
for trial and if the District Attorney
desired continuance he should make
A showing either by afiidavitS or by
witnesses. 1t might be that the Dis
trict Attorney would never get the wit
nesses here. He would like the Dis
trict Attorney to show what diligence
he had used and what prospect there
was of getting the witnesses here at
ALL A bill had been introduced in
the Legislature of Delaware to provide
for the expense of the prosecution Of
this case, but it had failed to pass.
Now the question was, would he ever
get them here. If the defense had
asked for a continuance the District
Attorney would have insisted upon an
affidavit.
Not if 1 had agreed two weeks ago
to a continuance" retorted the Dis
trict Attorney.
The District Attorney forgets,' said
Knight that there is such a thing as
a misunderstanding l do not desire
to handy words with the District At
torney."
MAKES LEGAL SHOWING.
The District Attorney said he would
make a legal showing. He read an
affidavit by himself, reciting what had
been done in the case since its incep-
tion and showing that witnesses ma
tarial n the M CAo1av,
Harry c. Pennington, Leila Deane,
Josephine Bateman, Ethel ]. Milling
ton, Joshua d. Deane, DR.. Lemuel H.
Bishop, DR.. p. S. Downs, Dr. T. L.
Wolfe, 3. ]. McVey and John p Dun
ming, were all outside this State: that
without these witnesses the prosecu-
tiOn was not ready to go to trial. as
Harry c. Pennington would prove the
receipt of the box of poisoned candy,
Leila Deane and others would prove
that Mrs. Dunning died from arsenicaI
poison caused by eating the candy and
John P. Dunning would prove a mo
tive; that he had every reason to be-
lieve these witnesses would be ready
for the trial from communications that
had passed between him and Attorney
General Ward of Delaware; that on
February I he had been advised that
Downs and Wolf wanted $1,000 each be-
sides their expenses and others wanted
amounts aggregating $1,000 more: that
although the bill providing for the ex
penses Of the witnesses had failed TO
pass the Delaware Legislature, Attor-
ney General Ward had assured him
that all the witnesses would be here
by March Is; that Attorney Knight
had told him about February l that
he wanted the Coroner at Dover. Del.
subpenaed for the defense and knight
was then informed that the case would
have to be postponed and Knight had
expressed his willingness for a con-
tinuance and finally it was necessary
that the trial be postponed so as 10
bring the perpetrator of one of the most
atrocious and diabolical crimes in the
history of this State to justice.
"All that is shown there" said
Knight, lis that somebody has to guar
antee $4,000 to compensate the wit
nesses."
CAN MAKE CONTRACTS.
The Judge said there was no question
but that the District Attorney had pow
er to make any and all necessary con-
tracts for the prosecution Of crime.