Newspaper Page Text
FIGHTING FOR HER LIFE
Mrs. Botkin Builds
a Wall of Legal
Her Attorneys Demand Her
Release— Case Without
The local police will receive to-day the
evidence they have so persistently sought
against Mrs. Cordelia Botkin. Detective
.McVey Will arrive to-day from Dover,
•Del., and without delay will place in the
hands of Chief Lees the facts with which
the Eastern authorities expect to prove
Mrs. Botkin guilty of the murder of Mrs.
John T. Dunning and Mrs. J. D. Deane.
Without these facts the local prosecutors
' can do nothing- except to prevent Mrs.
Botkin from escaping upon technicalities.
The woman's attorneys applied to Judge
Carroll Cook yesterday for a writ of
habeas corpus. The application was
granted . and will be heard to-morrow
The defense has therefore taken the In
itiative without knowing that the Dover
detective was so near San Francisco, on
his way across the continent. It is prob
able that the District Attorney will have
something more than technicalities with
■which to combat the technicalities of the
defense. The Eastern detective is cred
ited with havin : evidence of a very posi
tive character a — inst Mrs. Botkin. He
will come, of course, with the box of
candy in which the pofson was concealed.
This box and its wrapper, samples of the
candy and the superscription on the cover
will give the city authorities a tangible
basis upon which to work.
Thus far practically no evidence of
value has been discovered here. The
police have learned fully the relations
that existed between Mrs. Botkin and
Dunning. This relation. Involving a dou
ble life on the part of Dunning, gives
something of a motive for the offense
of which the woman Is accused. Her
papers and letters have also been seized
and will be used to compare specimens
of handwriting. The police hope also
to Identify Mrs. Botkin as the woman
who purchased candy under mysterious
circumstances at Stockton. Beyond this
the police have nothing.
The arrival of McVey to-day will ma
terially clear the situation. Very little
dimculty will be experienced in tracing
the candy-box to its maker. From the
m.iker will be learned the -names of the
retail dealers who bought the boxes. It
•will be the question therefore of only a
few days to know whether or not the
candy-box came from the Stockton deal
er. It may be possible, also, to identify
the candy. It is believed that the fatal
box was inclosed in a peculiar wrapper,
•which the retail dealer at Stockton will be
able positively to identify if It was such
as he used.
Comparisons of handwriting will then
be made. While the comparisons for gen
eral purposes may not amount to a groat
deal their effect will be greatly strength
ened by collateral evidence which the au
■ thorities possess. It will be remembered
that Mrs. Dunning received warnings and
threats carried to her in anonymous let
ters. If the handwriting in these letters
is similar to that on the cover of the
candy box and both resemble that of Mrs.
Botkin, the case of the prosecution will
be materially strengthened. Detective
McVey is the only person who can supply
"What else the detective knows must be
exploited after his arrival. He has. suc
ceeded in evading newspaper men on his
way across the continent, and even the
local police do not know what he pos
sesses. There is a hope that the corre
spondence of Mrs. Dunning will give the
supporting foundation £pr the fabric
against Mrs. Botkin. Twe daad woman
nas harassed for many month? before her
death by anonymous communications.
Borne of these may contain references that
will assist in revealing the identity of the
As already indicateu. Mrs. Botkin has
taken the initiative in the legal battle for
her life. Her attorneys began their tech
nical defense yesterday in suing for a
writ of habeas corpus. This is the first
Btep in a legal fight that has no precedent
Dr parallel in the United States. The au
■ thorities will demand thf extradition of
. Mrs. Botkin, whose attorneys will resist
stubbornly to the last. The application
for extradition involves a point of law
that has never been determined in the
United States. The law of this State spe
cifically declares that no person may be
' sxtradited unless proof of flight from the
Etate demanding extradition is supplied.
Mrs. Botkin never was in Delaware, and
poneequently could not have fled from
ihere. No provision seems to have been
made for the punishment of such a crim<;
is that of which Mrs. Botkin is accused.
At her bidding, under the theory of her
police accusers, death traveled across
the continent and brought desolation to
: It home, yet there appears to be no way
.egally by which she can be taken'before
the proper tribunal for trial.
The California law seems equally clear
>n the point that she cannot be tried by
:he courts of this State, as no provision is
made for the punishment of an offense
jart of which was committed out of the
State. These are the main points upon
R-hich a most interesting legal battle is
:o be fought. Mrs. Botkin will resist ex
;radition and will defy the authorities of
.his State to try her. This is the policy of
I Biok^k * TEN
Suffered Untold Agonies. Limbs
Swollen So Could Not
Ablest Physicians Signally Failed.
. Was Absolutely Disheartened.
Had Lost All Hope.
Gave Cuticura A Trial, Which
Resulted in Absolute and
■ Perfect Cure.
For ten years I suffered untold agonies from
that dread disease Eczema, my lower limbs,
most of the time being so swollen and broken
out that I could hardly go about. < I had to wear
slippers so that I could move about at all. \ My
brother, a physician of thirty years' practice
and extensive experience, had tried in vain
to effect a cure and signally failed. I tried
other physicians of splendid ability with like
results, and had reached that point where I
• became absolutely disheartened, and in fact
bad lost all hope, when a friend induced me
to give Ccticcra Remedies a trial. I used
two cakes ,of Cutiol-iia Soap and two boxes
of Ccticdra (ointment), and it resulted in
an absolute and permanent cure. I am now
perfectly cured, sound as a dollar, and to Co
tiouea Remedies I attribute my almost mir-
aculous cure. I refer all | interested to the
Postmaster of this place, any of the ministers,
the prominent business men, and all of the
citizens of our vicinity indiscriminately, and
especially to my friend, John A. B. Shippey. .
attorney at law, who persuaded me to give
CuTict'BA Remedies a trial. "■.
DAVID M. SAPP. Plymouth, 111-
CUTICURA WORKS WONDERS
, Cuticuba. T Remedies instantly ; relieve and !
speedily care ever-y humor arid disease of th«
■kin, scalp, and blood, with Joss of hair," whether j
Itching, t burning, »caly, pimply,' and blotchy,
whether elmple,' scrofulous, hereditary, or con-
"* tagious, when all else fail*. -
Bpfsdy Cere Tbeatmkxt foe ah. Ski.t akd Blood
Hi-mo**- — Warm natlu with Coticdba Soap. (entl*
anolntinw with Cutrtba (ointment). purest of emol-.
lient ikln currt, and mil* do«« of COTicura Rksol-
y» jr. f reotett of blood puflflert and humor cures.
Bold throughout the world. Pott»« Dejto awo Cijbm.
Cow., Hole Pro* ••■ Soften. " How Curt Eo*em»,"
her attorneys, who have not yet discussed
the guilt or innocence of their client, ex
cept in generalities and sweeping de
The police and District Attorney will
oppose the grant of a writ of habeas cor
pus on the ground that proceedings of a
criminal character are pending against
Mrs. Botkin in the Police Court. The
woman has been charged in Judge Joach
imsen's court with murder. This accusa
tion is made on "Information and belief."
which is not accepted by the laws of Cali
fornia. The police are aware of this, and
have no thought of holding Mrs. Botkin
under such a complaint or warrant. The
authorities are playing simply for delay
to permit the Dover detective to get here
with his evidence and demand from Gov
ernor Budd a solution of the problem
similar to that in the Durrant case, when
Judge Morrow ignored the national law on
habeas corpus and refused Durrant a
second writ, to which the Federal statutes
declared he was entitled.
If Judge Cook should refuse to grant
Mrs. Botkin's application for a writ of ha
beas corpus, her attorneys will contend
that she cannot be tried in this State, no
matter how conclusive the evidence
against her may be. This claim will be
based upon the interesting fact that in
the laws of this State no provision has
been made for the trial of such a crime of
which the woman is accused. On the
other hand, if Judge Cook grants the writ
.of habeas corpus the police will hold Mrs.
Botkin under the proceedings that have
been instituted in the Police Court. If
Judge Joachtmsen releases her ' before
Governor Budd passes on the question of
extradition she may go where she pleases.
In whatever aspect the case is viewed, it
presents one or the most interesting and
intricate legal problems ever submitted to
thg courts of the State or of the United
WILL APPEAR IN
COURT ON MONDAY
Mrs. Botkin, Through Her Attorneys,
Is Granted a Writ of Habeas
Corpus by Judge
The first legal steps have been taken
toward the rolease of Mrs. Cordelia Bot
kin, who is detained in this city charged
with the murder of Mrs. John P. Dunning
and Mrs. J. D. Deane of Dover, Del.
Through her attorneys, McGowan &
Squires and Knight & Heggerty, she has
applied for a writ of habeas corpus. This
petition was presented to Judge Carroll
Cook, Department 12 of the Superior
Court, by Frank McGowan shortly after
12 o'clock yesterday.
The application was gTanted, and I. W.
Lees, Chief of Police, was ordered to pro
duce Mrs. Botkin in Department 12 at 10
o'clock to-morrow morning. Mrs. Botkin
has not been booked, pending the arrival
of Detective McVey with requisition pa
pers and the evidence upon which the
warrant of arrest was issued. The peti
tion filed yesterday follows:
The Habeas Corpus Writ.
In the Superior Court of the City and County
of San Francisco, State of California— ln the
matter of the application of Cordelia Botkfti fur
a writ of habeas corpus — To the Honorable the
Superior Court of the City and County of San
Francisco, State of California: The petition of
Frank McGowan, who makefi this application
for a writ of habeas corpus for and on behalf
of Cordelia Botkin, respectfully shows this
That said Cordelia Botkin above named is
now and was for more than two years last
past a resident of the State.
That, the said Cordelia Botkln is imprisoned
and restrained of her liberty by Imprisonment
in the City Prison of the city and county of
San Francisco and the said State of California.
That I. W. Lees, the Chief of the Police of
the city and county of San Francisco, is the
name of the person by whom said Cordelia
GATTRELL REMEMBERS THE CONFECTIONS
The Candies He Sold Identical With Those in Which
the Poison Was Mixed.
STOCKTON, Cal., Aug. 27.— Frank Gattrell was to-day shown the dis
patch from Dover published in The Call describing the kind of candy
contained in the poisoned box mailed to Mrs. Dunning. He said he be
lieved the oblong bonbons, the chocolate creams and the tongs were the
same he packed in the box purchased by the mysterious woman three
weeks ago. As to the flat wafers he was not so sure, unless that part of
the description had reference to some chocolate wafers dotted over with
white drops. The description of the tongs is identical with those used at
the Wave, being washed in a plate looking like silver, cheaply orna
mented, and about three inches long.
THE SAN FRANCISCO CALL, SUNDAY, AUGUST 28, 1898.
■ Botkln la oo confined as aforesaid and re
strained of her liberty.
That the said Imprisonment of the said Cor
: delta Botkln is Illegal in this, that said Cor
delia Botkin is held and restrained In such
custody by said I. W. Lees aforesaid under a
i complaint charging her wjth murder and a
. warrant* Issued for her arrest therefor, which
I complaint and warrant of arrest are In words
and figures as follows:
[Here follows the original complaint, the
warrant upon which Mrs. Botkin was arrested
■ and the return to the warrant, signed by De
■ tecttve E. L. Gibson. This latter is Indorsed
i by Joseph P. Hughes, clerk. All these have been
! printed In full in the columns of The Call.]
That the said I. "W. Lees, Chief of Police of
the said city and county of San Francisco
aforesaid, has Imprisoned the said Cordeua
Botkin under and by virtue of said complaint
above-named and said warrant of arrest, and
not otherwise, and this said complaint and
warrant of arrest aforesaid are the only pro
cesses, authority or order. Judgment or decree,
by which said I. W. Lees Esq., Chief of Po
lice aforesaid, holds said Cordelia Botkln or
restrains her of her liberty as aforesaid.
That said I. W. Lees aforementioned Is im
prisoning said Cordelia Botkln in the City
Prison at and In the city and county of San
Francisco aforesaid, and restrains her of her
liberty aforesaid as the Chief of Police of the
city and county of San Francisco, State of
That said complaint la illegal and void in
(a) It does not charge a public offense under
the laws of California.
(b) It attempts to charge a public offenae
on information and belief.
(c) It does not charge, allege or show either
as an allegation of fact or by Inference that on
the 11th day of August, 1898, at any time be
fore or since said date, that the said Cordelia
Botkln was in the State of Delaware, or a
resident thereof, or that she fled therefrom
after the alleged commission of the offense de
scribed in aald alleged .complaint, or that the
said Cordelia Botkln ever fled from the State
of Delaware, or became, or was a fugitive from
Justice In the State of California.
That on the 11th day of August. 1898, the date
of the alleged murder mentioned in the com
plaint above set forth, the said Cordelia Bot
kin was not In the State of Delaware, either
at the time of the commission of the said mur
der or after satd commission thereof, and your
petitioner alleges on Information and belief
that said Cordelia Botkln never was In the
State of Delaware at any time or at all, and
your petitioner alleges that on said 11th day
of August, IS3B. and for a long time prior
thereto said Cordelia Botkin was in and a resi
dent of the State of California; that Bhe never
at any time fled from or left the State of Dela
ware or took refuge in the State of California
from the State of Delaware, or from any other
State, and therefore petitioner alleges that said
Cordelia Botkin Is not now and never was a
fugitive from Justice from the State of Dela
ware or any other State, and she never fled
from the said State of Delaware as a fugitive
from Justice or from any other State.
That under and in pursuance of the author
ity conferred upon said I. W. Lees aforesaid
by reason of the filing and making of said
complaint above set forth said I. w. Lees is
restraining said Cordelia Botkin of her liberty
as aforesaid and is confining her In said City
Prison at and in the said city and county of
San Francisco aforesaid until such time as an
alleged agent or officer of the State of Dela
ware comes to the State of California for tne
purpose of extraditing said Cordelia Botkin:
that your petitioner is informed, believes ana
so alleges the fact to be that said alleged
officer or agent of the State of Delaware pur
ports to act under authority alleged to have
been conferred upon him by rrapon of some pro
ceedings in the State of Delaware taken and
commenced In said State last named to extra
dite said Cordelia Botkin from the said State
of California to the said State of Delaware,
and your petitioner alleges that said proceed
ings so as aforesaid taken and commenced In
«aid State of Delnware to extradite aid Lor
delia Botkin to said State of Delaware are til
legal, void and of no effect whatever, for the
realms se t fr,rth in paragraph MI of this
That said Cordelia Botkin Is J V ld « an^ ™"
strained of her liberty by said I. \V Lees,
Chief of Police aforesaid, at said place without
authority of law and in violation of her rights
and without any evidence of the commis
sion of said ofTense by said Cordelia Botkin.
Wherefore your petitioner prays for and on
behalf of said Cordelia Botkin that the court
make and enter its order herein directing that
a writ of habeas corpus Issue in usual form
MRS. BOTKIN, FROM HER LATEST PHOTOGRAPH.
from said court directing the said I. W. Lees
as Chief of Police of the city and county of
San Francisco aforesaid compelling him. the
said I. W. Lees, to produce the said Cordelia
Botkin before your honorable court on the 29th
day of August, 1898, at 10 o'clock a. m. on said
day, and Hhow cause by what authority In law
he restrains said Cordelia Botkin of her lib
And your petitioner will ever pray, etc.
FRANK McGOWAN, Petitioner.
McGOWAN & SQUIRES. Attorneys for Cor
delia Botkin. Mills building, San Francisco.
KNIGHT & HEOGERTY, Attorneys for Cor
delia Botkin, Parrott building. San Francisco.
Judge Carroll Cook Issued the following
order granting the. wrltf
The Momentous Order.
In the Superior Court of the City and County
of San Francisco, State of California; In the
matter of the application of Cordelia Botkin
for a writ of habeafl corpus: Order granting
writ. Upon the reading and filing of the pe
tition of Frank McGowan for and on behalf
of and as the attorney of said Cordelia Botkin,
duly signed and verified by him, wherein It is
alleged that the said Cordelia Bntkln Is illegal
ly Imprisoned and restrained of her liberty by
I. W. Lees, Chief of Police of the city and
county of San Francisco, State >of I aliforniu.
and stating wherein the alleged illegality con
sists, from which it appears that a writ of
habeas corpus ought to issue.
It is ordered that a writ of habeas corpus
issue out of and under the seal of the Superior
Court of the State of California. In and for thp
city and county of San Francisco, directed to
the said I. W. Lees, Chief of Police of the
city and county of San Francisco, State of
California, commanding him, the said I. W.
Lees, to have the body of the said Cordelia
Hotkin before me. In the courtroom of Depart
ment No. 12, of the said court In the City
Hall in the city and county of San Francisco,
State of California, on the 29th day of August,
IS9S, at 10 o'clock a. m. of that day, to do
and receive what shall then and then> be con
sidered concerning the said Cordelia Botkin,
together with the time and cause of her de
tention; and that you have then, and ther«
the said writ. CARROLL COOK,
Judge of said Superior Court.
Dated August 27, 189 S.
Judge Cook issued an order to Chief
Lees, which was a.tached to the applica
tion and writ, commanding him to pro
duce Cordelia Botkin in his court on Mon
day mornlnp. A deputy sheriff served the
order, and Lees made the following: re
Lees Makes His Beply.
In the Superior Court of the City and County
of San Francisco, State of California, ex
parte Cordelia Botkin, on habeas corpus. State
of California, City and County of Ban Fran
cisco— sb. I, I. W. Lees. Chief of Police of
said city and county of San Francisco, acting
in obedience to the writ of habeas corpus ls-
Bued herein by said honorable court, do here
and now produce the body of the said Cor
delia Botkin and respectfully return and show
that she Is in my custody under and pursuant
to warrants issued out of and by the Follce
Court of said city and county, on complaints
now on file in said Police Court, true copies
of which said warrants and complaints are
hereto attached and made a part of this, my
return to said writ of habeas corpus.
I. W. LEES, Chief of Police.
Ban Francisco, Cal., August 29, 1898.
WILL RESIST HABEAS
Acting District Attorney Hosmer
Will Make a Fight on Behalf of
the Delaware Authorities.
Acting District Attorney Hosmer will,
on behalf of the Delaware authorities, re
sist the efforts of Mrs. Botkin's attorneys
to secure her freedom. He was in consul
tation with Chief Lees for several hours
yesterday afternoon, going over the evi
dence so far gathered by the local police.
At the conclusion of the conference Mr.
"The people will oppose releasing the
accused woman. She was arrested on a
warrant, duly issued on a sworn com
plaint, and is therefore within the hands
of the law. But one point is raised in the
petition— that Mrs. Botkin is not extra
ditable because she is not a fugitive from
Justice. Her attorneys contend that she
has never been in the State of Delaware,
and therefore cannot be a fugitive. We
contend that she is.
"Between now and the hearing in the
habeas corpus proceedings I shall look up
decisions in this phase of the matter.
"I shall undertake to make all the de
fense I can when the case comes before
Judge Cook. Of course I cannot predict
the result. Another contention which I
shall make Is that the Superior Court has
no jurisdiction in the premises. The pris
oner is within the jurisdiction of the po
lice court. Judge Joachimsen issued the
warrant for her arrest and ordered that
the prisoner be brought before him. My
argument is that until the Police Judge
has acted in the matter the Superior
Court cannot intervene. The warrant on
which she was taken into custody is, I
consider, sufficient to hold hjer until the
proper tribunal has passed upon the evi
dence against her and decided whether or
not she should be held for trial."
Chief Lees' legal adviser has suggested
a metfhs by which Mrs. Botkin can be
held for trial in this State if she is not
token to Delaware.
The accused woman's name has not
been entered upon the prison record nor
upon the detinue book, upon which the
names of persons against whom there is
no charge are usually recorded. The law
requires that all persons incarcerated in
the City Prison shall be entered in the
prison register, but in the case of Mrs.
Botkin the law has not been obeyed. Chief
Lees gives as his reason for this proce
dure that the prisoner is in the custody of
the police court; that Judge Joachimsen
issued the warrant. It was served and
return made to Clerk Hays of Police
Court 3. _• .
As far as can be learned, Judge Joach
imsen has not taken official cognizance of
the case, as it does not appear on his
court calendar. Mrs. Botkin's attorneys
allege that all these proceedings are ir
regular and they could procure her re
lease very quickly if it would be any ad
vantage to her.
Trying to Trace the Package.
Postal Inspector Irwtn called on Chief
Lees again yesterday afternoon, and they
discussed the roaming; of the poisoned
candy. Inspector Irwln said after the
conference with the Chief:
■ "We are making every possible effort
. - - .....-.„: / ADVERTISEMENTS.
" .'"'"'"' , "..'... .. " . .....:'. ■■ ' ... ■■.' ,'-,■■ ■' .■ '' ■ I 88 88 88 88 88 88 88 88 88 88 88 88 88 88 88 88 88 88
Mr. i • ■2- CASH-OR-LITTLE-AT-A-TIMB. B
a 99«oni • i mjgas i
On Monday morning August 29th at eight f m N *!
I o'clock we will place on sale our entire stock ; «■ *s^|Bsl§3SB2Sß» 'r^
of i five-button Maggioni glace' kid gloves, : | couch-$4,75, a
plain backs, which never have been sold for %&ti !1S week ~ A good> stro "g- com * a
1 « «* J j«* r " ■ ~-- : , '■ -88 fortable couch — covered with fancy
IeSS than j51.79and^2.00. . : ♦ .: . a tapestry— double— four-seventy- £
. Every pair is guaranteed; fitted if desired. : a f ' ve ' — -- V a
; ; We advise an early call before the assortment : % c^tS %££&£?§ n P r y d 2
is broken as every pair is to go for a ESnSSE w^S!i| 2
. - ; ' /./ : -■■ ..■-•■,-■ • . ' ;V « thing: that goes to furnish a home. '88
BCf •^ « NOON AN, I
# Complete House-Furnisher. o.
A ¥ v 88 1017 to 1023 MISSION ST., £
88 _i Above Sixth. ~
-»- oj Thone South 14. Open Evenings. **
*« /^/l' 88J8J888888 88 88 88 88 88 88 88 88 88 88 88 88 8
:^>WmOJ\V BRUSHES rs» assas B^:
, . houses, billiard tables.
; I / '-- : "■':'"— ■■■■-^>^ Jiii riling ' . brewers, bookbinders, candy- makers nner»
t^^aaaß^^' • dyers, flourmillg. foundries, laundries, e'-125e '-
125 |. 131 Kearny St. %^**£%^£& n'sSn '$SS m F& tm '
:; -■ ' - ■•'•■ ■■ "■'- ■ ■■■ ■ - •.-•■■■■■, **- -■■• l - •■-- ■■-... ; "' '; :;■.■'•:• ;- _ .M ; BUCHANAN BROS.,
'. ■■•-""." u.,ll^ — »^^^—^wii^—^i^— | Brush Manufacturers; 609 Sacramento St
TAPESTRY TABLE COVERS.
We have just received a very large
shipment of FINE TAPESTRYTABLE COVERS,
all new designs and the very latest colorings.
As these goods come to us direct from the
manufacturer, we are enabled to offer them
at very low prices.
7C n j 150 4-4x4-4 FRINGED TAPESTRY
luu Each. ! table covers.
CEn \ 200 6-4x6-4 FRINGED TAPESTRY
UJb Each, i table covers.
00 CD 175 8-4xB-4 FRINGED TAPESTRY
OZiOU Each. TABLE COVERS.
Kfl M 25M 25 8 " 4x8 - 4 f RINGED TAPESTRY TA-
OtiuU Each, ! BLECOYERS, very handsome designs.
Qll nfl \ 50 8-4xlo-4 FRINGED TAPESTRY
OtiUU Each, i table covers.
OR fin I 75 8-4x12-4 FRINGED TAPESTRY
OOiUU Each, i table covers.
SEE DISPLAY OF ABOVE GOODS IN OUR
111. 113. 115, 111, 119. 121 POST STREET.
to trace the package of candy, but we are
working in the dark. As soon as the
wrapper with the canceled stamps and
postmark are shown to us we can tell
whether the package went through this
office. . ,
"We will never be able to ascertain
where the box was mailed. The sender
might have deposited it in one of the
package boxes on the street, or at any
one of eleven stations or nine sub-sta
tions. All the packages posted at any of
these places are taken to station D,
where the stamps are canceled and the
matter forwarded to its destination. \\ c
may trace the box from station D, but
back of that we cannot go. No letters
from the East addressed to Mrs. Botkin
have been received at the Postofflce since
DECLARE THEY WILL
PROVE HER INNOCENCE
Mrs. Botkin's Attorneys Will Not
Press Habeas Corpus Proceed
ings Until the Requisition
George A. Knight, one of Mrs. Cordelia
Botkin's attorneys, made the following
"In a consultation between Mr. Mc-
Gowan and myself to-day we concluded
to continue the hearing of the habeas
corpus proceedings until the arrival of the
requisition from Delaware. We are per
fectly seiure in our position. The woman
id innocent, and legally she cannot be
taken back to Delaware. The question is
simply o.ie oi' interpretation of an article
in the Federal constitution. Mrs. Botkin
is in no aonse a fugitive from justice. Sl»e
never fled fiom Delaware, because she/
had never been there.
"We purpose fighting extradition on
broad legal grounds, and there will be no
technical quibbling. Nothing will be done
that will not meet the approval of any
fair-minded Judge and competent lawyer.
"Mrs. Botkin naturally feels depressed
by her surroundings. She feels the dis
gTace of even the arrest. An inno
cent person always feels the dis
grace a great deal keener than a gullty
person. She has talked very freely with
Chief of Police Lees, and all of her letters
and papers for years back are now in the
hands of the police.
"I suppose comparisons are being made
as to handwriting, but I don't believe
there is a jury in any civilized country
that would hang a man on the unsupport
ed testimony of a writing expert, and they
ought not to."
Fnank McGowan is actively en
gaged in preparing a certain line of Mrs.
Botkin's defense, and he is more than
confident that she will never go back to
"We will contend that the proceedings
are irregular and that there was not suf
ficient evidence to warrant Mrs. Botkin's
arrest and detention," he said. "We have
agreed with the District Attorney and
Chief Lees to postpone tne hearing lor a
few days. While we might on a techni
cality secure her release on Monday
morning, it would be useless, as she
would be rearrested immediately on the
arrival of the officer with the evidence
and the requisition. Then the habeas
corpus proceedings would have to be gone
over again. We*prefer to have it come up
once and for nil and have it finally and
Mr. Knight's attention w;as called to the
contradictory evidence given by hand
writing experts in the big will contests
tried in this city during the past five
years, and he was asked whether his side
would engage writing expends to combat
any testimony given by such witnesses.
The attorney replied that such testi
mony was weak and valueless and stated
that he could hire experts any day to
testify in any way he desired.
Steamship Australia, recently In the
service of the Government as a troop
ship, has been returned to the Oceanic
-line and will resume her Honolulu run on
or about September 1. Fare $75. Round
trip $125. Ticket office 114 Montgomery •
Hitchcock for Congress.
OMAHA, Aug. 27.— The Democrats, Pop
ulists and Free Silver Republicans of the
Second Nebraska District this afternoon
named Gilbert M. Hitchcock, publisher of
the Omaha World-Herald, for Congress,