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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, December 31, 1898, Image 1

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twentV-sdcth YEAR. NO. 92.
YIELD WITHOUT RESERVE
To the Wishes of Generals
Brooke and Ludlow
CELEBRATION Of CUBAN EVACUATION
Will Be Carried Out at Havana Without the Assistance of the
Cubans and Without Their Presence In the
Capital City
Associated Press Special Wire
HAVANA, Dec. 30.—The Cuban Patriots
Committee, consisting of 150 leading Cubans,
lawyers, doctors and business men, at a
meeting which lasted until 4 o'clock this
morning decided to yield without reserva
tion to the wisheei of General Brooke and
General Ludlow in the matter of preparing
tbe fix days'" celebration, and has issued n
manifesto to the Cuban population of Ha
vana on the lines of General Ludlow's re
ply on th* subject of the proposed celebra
tions, quoting wimc portions of it and para
phrasing others'. The Cuban citizens in
Havana and thd Cuban soldiers outside the
city are intensely excited, but tine Patriotic
Committee and the military chiefs of the
Cubans thiuk they can repress the feeling
and prevent violent incidents.
General Brooke announces the composi
tion of his staff as follows: Major General
Chaffee, chief of staff; Captains Dean, Mc-
Kenna and Campbell and Lieutenant Castle
ton, aides; Richards, adjutant general;
Cannon, assistant adjutant general; Dudley,
judge advocate; Humphrey, quartermaster;
Bliss, chief of customs'; Abriel, chief commis
sary; Dr. O'Reilly, chief surgeon; George
Smith, chief paymaster, and Colonel Dun
woodie, chief signal officer.
The address of the Junta Patriotica re
garding the abandonmet of the proposed
demonstrations has' been widely circulated
today. It is as follows:
"To the People of Havana: In accordance
with the wishes of the American authorities,
the directory of the Junta Patriotica, after
consultation with the main commfjetee, has
agreed to.suspend the festivities planned to
celebrate the independence of the island.
In a reasonable letter to the commission
charged with presenting the festival program
General Ludlow has indicated the desira
bility of suspending for the present public
demonstrations, owing !o the fear that Ht
the present moment, when the Cuban police
are not yet organized, there might be some
interruption of public order, in the preserva
tion of which all citizens, and especially all
Cubans, are deeply interested.
"At the same time General Ludlow de
clares that the American authorities are in
full sympathy with the joyous' feeling of the
and that when the situation be-
COirtlss more settled they wilt; lake pleasure
in promoting such festivalsas have been pro-
I posed and will even participate in them.
The American authorities are convinced
that the present moment is not opportune
for celebrations.
"In view of the fart that the considera
tions tthtu, urged are quite in accord with
obvious good judgment, the representatives
of the directory have determined to sus
pend the festivals arranged for the eoinhg
week, which will be carried out a* soon as
circumstances will permit. The director re
grets the existence of such doubt*and mis
givings as prevent the earryngjout of tt»
program as projected; but they, hi, i
agreed to recommend to the Cuban* to cc
"operate in maintaining order during the
change of flags and in the days following,
because tl.iey are convinced that the modera
tion and orderly behavior of the Cuban peo
ple at tnese moments will powerfully influ
ence the future destiny of our country."
The Spanish gunboats Hernan Cortex nnd
. Pinzon sailed today for Spain.
What Will Be Done
NEW YORK, Dec. 30.—A dispatch
to the World from Havana fays':
The detail* of the evacuation ceremonies
on Sunday next have been completed.
At. 11 a. m. the American ConunienOn
*rs, Generals Wade, Clous and Butler, with
(heir staffs, will leave the Trocha Hotel at
Yitdado for tlie palace, on hok/eback anil
in full uniform, but without a cavalry es
cort.
3XCEEDINGLY COURTEOUS BUT NOT LIKELY TO SATISFY THE
ENTHUSIASTIC CUBANS
| HAVANA, Dee. 30—The following is the text of Gen. Ludlow's reply to ♦
I the Cuban deputation which visited him today and presented him with a writ- ♦
► ten program of the six days' festivities: ♦
Messrs. Mora, Nunez nnd others representing the Patriotic Committee of ♦
► Havana: Gentlemen—l have given careful consideration to the matter of the ♦
► proposed celebration of Cuban citizens of Havana next week on the exchange ♦
• of national fiugs that will lake place on Jautiary Ist, aa I promised you. I ♦
' have taken occasion also to ascertain the view of Maj.-Gen. Brooke, command- ♦
► ing the Division of Cuba, upon the subject. I regret to inform you that a ♦
- celebration of this character must at this time be deemed inexpedient and can- ♦
• not for the present be authorized for the following reasons: ♦
► "Firsts—Havana ha* for a long time suffered from strife and contention, ♦
• and it is the supreme duty of all at this critical period to suppress disorder ♦
• and preserve public peace. All other considerations for the moment should give ♦
► way to this. ' +
► "Second—At the present time, the only effective means of maintaining or- ♦
• der is the presence of United States troops in the city, since the local police in ♦
' several districts have disappeared with the departure of the Spanish soldiers. ♦
"Third—lt is in the interest, both of citizens generally arid particularly of *>■
► the more distinctively Cuban citizens themselves that the occasion be one of +
- peace and order and of quiet rejoicing only, and that every one should be con- +
- trolled by a patriotic desire to do what is best for the city. ♦
- "Fourth—The American authorities sympathize fully with the Cuban feeling ♦
► of rejoicing, and at a proper time hereafter, when affairs are in a more settled ♦
► condition, they will be glad to further participate in plans of the celebration, ♦
• but they are convinced that this is not a suitable or expedient time tor it." +
► This morning the city and the suburbs of I'fovatm are absolutely quiet, and ♦
■ last night there was not one instance of disorder. The United States patrols ♦
• and officers were keenly on the alert, penetrating into every corner of the town. ♦
I Senor Frederico Mora said to the correspondent of the Associated Press ♦
► today: ■♦.
► "We are sorry we cannot execute our program, but we agree with Gen. ■**
► Ludlow's desire. He will have difficulty in keeping the low people clown and ♦
• restraining the young people in the army. . Ilut we are sure no acts of disturb- ♦
► unec will occur. Nothing will be done in combination against the American ♦
% wishes. Now is Cuba's opportunity. If we go wrong now, we shall never attain ♦
► independence, never reach national life, and the Americans would never leave ♦
• Cuba.'' . , ~ , • ♦
They will arrive at the reception rooms
ef the paluce at 11:45 o'clock, where they
will meet Generals' Brooke, Lee and Lud
low and their staffs.
Captain-General Castellano*, Admiral
Monteroln and the Spanish Evacuation Com
missioners nnd 1 their stuff will stand in. the
throne room, the throne having beeit re
moved. Cuetellanos will, in a few words
at noon sharp turn over the command to
General Brooke.
There will then be »short reception to the
outgoing and incoming Generals, and im
mediately afterward Castellanos will start
for Cavalleria wharf, escorted! by General
Clous.
After Castellanos' departure all Americans
are expected to pay their rejects to Gen
eral Brooke. The Generals- will then go to
the Hotel Inglaterra.
One division of lice's. Seventh Corps' will
in the meantime be mast-ed at the sea end
of the Prado, and these troops', 8000 strong,
under General Keifer, will march in review.
Three flags will officially be raised—at the
palace, at Morro and at Cabanas—by Lieu
tenants Lee and' Wade and Major Butler,
nil sons' of Generals. The saluting will be
with the bronze guns of Cabanas', made in
1740.
American artillerymen, will first salute the
falling Spanish flag, and them Spanish ar
tillerymen will use the same guns to salute
the American flag.
Promptly at noon United States regu
lars will patrol the entire city.
V NEW YORK, Dec. 30— A special to the
Herald from Havana says:
On Wednesday 200 insurgent cavalrymen
withdrew from the city in a sulk because
the Americans refused to recognize them
exee])t as individuals- Civil Governor De
( astro advised General Ludlow to avail
himself of the services of cavalry under Col.
Hernandez. These men entered as dra
goons and hoisted Cuban flags, doing police
duty west of Calianao street. The Ameri
cans refused to permit them to act as an
organized body, and after doing dnty one
night they lowered their flag and returned
to Menocnl's camp at Marianao.
It is known that Gomez feels that he is
not treated properly. Indeed he has never
received anything but curt treatment from
the representatives of the American govern
ment. Some time ago he sent a personnl
lepiesentative to confer with the American
Evacuation Commission. General Butler
proposed that a personal note of congratu
lations lie went Gomez, but General Wade
and Admiral Sampson refused to join him.
A letter from Gomez has just been re
ceived here. He was wise enough not to
commit himself further than to say that he
could not come to Havana unless he came
as Ihe commander-in-chief of the Cuban
army of liberation, and if the men who hud
fought with him for three years were Hot
good enough to come he preferred staying
with them. He scouted the idea that the
presence of the Cuban troops would result
in disorder, declaring their presence Would
bt the best possible guarantee of order. He
concluded his letter with the remark that
lie hud full confidence in the good will ami
fairness of the Americans as a people, but
believed the politicians were attempting to
find an excuse to compel the nation to
break its most sacred promises.
The Americans ure divided in sentiment,
many believing a great mistake has been
uuule in not giving the Cubans an oppor
tunity to celebrate the event which they
have fought so many years to bring about.
I (Continued on Page Three.)
GENERAL LUDLOW'S REPLY
Sulky Cavalrymen
THE HERALD
JUDGE MORROW IN THE FIGHT
Another Dark Horse Brought Out For
the Senatorial Stakes
The Chairman of the Republican State Central
Committee Openly Backs Burns —Gov,
Gage Would a Tale Unfold
SAN" FRANCISCO, Dec. 30— (Special to The Herald.) The latest thing in the senatorial fight is the announced candidacy of
T'nitetl Suite* Circuit Judge W. AY. Morrow. The news was given out late this afternoon by State Senator Fred Stratton of Ala
meda, a former law partner of Morrow. Stratton said lie wan duly authorized/to make the announcement that Morrow would
be a dark horse candidate, but would make nw-aggre-'-ive fight. Stratton will place Morrow in nomination, and in case v of a
ekM battle it is Uioulit the judge will have a good chance to carry off the honor. He.is by all odds the strongest man yet sug
ge-icd, and one who could not but give force and dignity lo the high office.
, THE BURNS AND BULLA STABLES
Major Frank McLaughlin, chairman of the Republican state committee, today gave out his advocacy of Burns.
'Tin for Bum.-," said lie tonight, "nnd 1 believe hie will be elected."
That Burns wiU be elected is just what all the knowing ones are (eying. The man from Mexico is credited with having all
the strings in lias hands, in readiness' to pull at the proper time. The fight will rage about Burns, Grant? and Bulla, with Knight,
Biattv and.Morrow as dusky-possibilities.
"Whenever the break comes, as it is bound to," said Bulla today, "I will get the votes of members who, under the circum
stances, can go nowhere else,"
Bums and Grant Will go to Sacramento tonight. The latest move of Grant's manager is to distribute dodgers'all over Sac
ramento, regulation hand bills, printed in < ircUR poster type, reading: "Vote for IT. S. Grant for United States) senator."
GAGB UNBURDENS HIMSELF
In n published interview today) Gage discussed the. Spieckels' controversy after this fashion:
"When 1 say I felt grateful to Mr. Spieckels for the support he gave the Republican Picket during the campaign I am sin
cere. He helped the party and was entitled to his reward. • I had decided to tnke his claims of recognition fully into consid
{ration, and to overlook any political disputes he may have had in San' Francisco. But now, since he has, attacked me in a most
unwarranted manner ,simply "because I declined, to promise him an appointment which cannot be matle under the law, I am—"
"Er, governor," Private Secretary Foley interrupted, "don't you think that—"
"Yes. 1 know, Foley; 1 know; but this thing makes me—" _ ....
"But is it worth while?" the quiet Mr. Foley persisted. "You had your sayfyesterday. Now what is the good of giving him
any further attention?"
"Well, maybe that's* so. Foley," Gage responded. "I don't want to appear undignified, but I'm not governor yet, and it does
five me satisfaction to speak my mind. We will' have four years fti which to'team to overcome these annoyances, but up to
date 1 am Henry T. Gage,. 4 fellow that iikes to' unburden himself to a sympathetic public. But let it passt. Sprockets' will never
know what he escaped. We are taught to pity the unfortunate."
LOS ANGELES, SATURDAY MORNING, DECEMBER 31, 1893
MBS. BOTKIN
- Cbnlvcted of Murder by Sending Poisoned Candy Through the Mails
A STATE HOLD-UP
MRS. BOTKIN FOUND GUILTY
Of Sending the Poisoned Candy
Through the Mail
riRST DEGREE MURDER THE VERDICT
Out of Regard For the Sex of the Prisoner the Gallant Jury
men Proceed to Fix the Punishment at
Imprisonme nt For Life
Associated Press Special Wire, <
SAN FRANCISCO, Dec. 30— Rafter to I
the general surprise of those who have fol- 1
lowed the Botkin trial and to the entire 1
dismay of the defendant and her attorney.., '
Mrs. Cordelia Botkin was tonight found
guilty of murder in the first degree for
causing the death of Mrs. John P, Dunning 1
by sending a box of poisoned candy to her
temporary home in Dover, Dleaware. The
condemned murderess will be spared an ig- i
nominious death on the gallows, however,
the jury that found her guilty imposing also i
the penalty of life imprisonment. I
The verdict was unexpected. An acquit
tal was confidently awaited by the defense, i
while the prosecution feared a disagreement, i
Rumors had been in circulation to the effect i
that several of the jurors strongly favored i
the defense, and that their opinions were '
too firmly grounded to be capable of change, i
Although the jury was only out four hours i
more than one of which was devoted to din- i
ncr, iti is currently reported tonight that ,
the verdict was the result of a compromise.
The sex of the prisoner made such a con
clusion satisfactory to the jurors.
Considering the unexpectedness of Uie ,
verdict, Mrs. Botkin kept herself well in
hand when her fate was announced. Not (
until the jurymen and most of the specta
tors had left the courtroom did she give
evidence of collapse. Then she sank back, ,
half fainting, but speedily revived when
given a glass? of water.
The jury retired at 5:15 p. m., but soom
after was taken out to dinner in charge of
a deputy from the sheriff's office. During
the meal hour no reference was made to the
case by any of the men in whose hands lay
the fate of Mrs. Botkin. On returning to
the jury room the evidence was carefully
reviewed and a prolonged discussion fol
lowed. It is not known how many ballots
were taken before a final agreement was
reached, but there are rumors that at the
first the opinions of the twelve jurymen
were not in accord and' that before unanim
ity wa9 arrived at a compromise was ef
fected. At just about 9 oclock word was
sent to Judge Carroll Cook that the jury
was prepared to make a report. Court was
immediately convened, and at 9:15 oclock,
just fourt hours after the case thad been
placed in its hands, the jury stated, through
its foreman, that an agreement had been
reached, the verdict being that Mrs. Bot
kin, accused of killing Mrs. John P. Dun
ring by means of poisoned candy sent
through the mails, was guilty of murder in
the first degree. In accordance with the
Jaw? of California, wihich empower a jury
to decide between hanging and imprison
ment in such cases-, the penalty was fixed at
imprisonment for life.
While at no time during the trial had Mrs.!
Botkin expressed herself as anticipating
.-itch a verdict, she received it with remark
able calmness, exhibiting no trace of emo
tion, though she sat close tocher sister, Mrs.
Roberts, and seemed to look to her for sym
pathy.
After the jury lhad been polled in the/
usual manner. Judge Cook announced ihat
sentence would be pronounced on Saturday,
January 7th. He then remandetl the Pf"~
oner to the custody'of the sheriff, tobeJnv i
prisoned in the branch coun
called to receive final judgment, rrben she (
will be transferred to the «l»te pnuten- ,
tiary. , . • i
The court room was cleared when, just
after Mrs. Botkin had announced to the
deputy sheriff in a clear voice taut she was
ready to go with him to prison, occurred
the only sensational incident of the evening.
The condemned woman was about to rise
when her higWS' "erven seemed to t
relax md suddenh she fell back into the ,
aniis of M rs - Ro,ierts - 11 Wrts thought she I
hud fainted, but in a moment a glass of
water revived lier and she resumed her usual
appearance, though the intense nervous
strain was still apparent in the twitching of
her muscles and the quick movement of her
I hands as her lingers drummed on the table.
lln a few minutes she apparently shook off
all signs of excitement and quietly accom
panied the deputy sheriff from the court .
room.
I-ate this afternoon District Attorney
Hosmer completed his argument in tbe case
of Mrs. Botkin, charged with the murder
of Mrs. John P. Dunningof Dover, Del., and
Judge Carroll Cook read his charge to the
jury, after which it retired for deliberation.
The argument for the prosecution closed
with District Attorney Hosmcr's address.
Mr. Hosmer's method of summing up the
case for the prosecution was in great var
iance to the threatening and cajoling ef
forts of Attorneys Knight and McQowwn for
the defense. Mr. Hosmer was cool and col
lected throughout. He modulated his voice
to a nicety and seldom spoke passionately.
The curious crowd that gathered in the
court room expecting to hear Mrs. Botkin
grilled were in a measure satisfied, but it
was Mrs. Botkin's attorneys and their
methods in the conduct of the case that Mr.
Hosmer made the principal point of his at
tack.
Mr. Hosmer oo'mmenred his argument
with the incidents attending the arrival of
the package of candy at Dover, Del., post
office. He condemned the defense for in
sinuating that the package might have been
place in the mail bag by anyone connected
with the postoffice. He accused Ihe attor
neys of going behind the facts. He traced
the package to the Pennington home nnd
its deliverey to unsuspecting Mrs. Dunninu.
and the passing of the bonbons to the gath
ered guests, their sickness and the death of
Mrs. Dunning and her sister. Mr. Hosmer
deftly pictured the grief of the parents and
friends of tbe Pennington and Dimming
families, and concluded with a scathing at
tach upon the prisoner.
He took ur> the analysis of the candy by
Chemist Wolf of Dover, nnd Prof. Price of
this city. He ridiculed the defense for its
vlHO'i t_ Off Iri
PRICE FIVE CENTS
contentions tliht memlvers ot the police de>
partment or even the chemists themselves
might have inserted the poison to make out
n case. He pointed out that a chemist would
have found lump arsenic and that Prof,
Price had discovered the presence of pow
dered arsenic. The- defense in argument at*
Rerted that only lump arsenic had been
found.
Mr. Hosmer addressed the jury on thai
rights of witnesses. He contended that all
witnesses were entitled to respect and credit
until disproved, and none of the witnesses)
for tin: prosecution, he asserted, had been
proved untruthful. The attorneys for thai
defense attacked all the witnesses for tliei
the prosecution and introduced matters en
tirely irrelevant to tho case in an attempt
to besmirch and to belittle their testimony.
He attacked Attorney Knight particularly;
and characterized hia efforts to free hia
client aa dishonest and despicable. He as
serted that the attacks of the defense had
ended in naught, that not one witness had
been contradicted. He then took up
Mrs. Botkin's testimony. He showed that
in spite of Mrs. Botkin's statements and tho
assertions of the defense to the contrary,
the woman had more than a passing re
gard for Dunning; that her life with hint
was licentious and depraved. He pointed
to Dunning'a action in coming across the
continent to prosecute her, and asserted
that Dunning would not have gone through
with what he lilad unless he was certain of
the guilt of Mrs. Botkin; ftiat he would nos
have disclosed their relations and been ex
posed to the criticism of newspapers and
the public without just reason.
He took up the letter of June 17, 1897,
which the defense claimed had been mailed
in this city at the time Mrt. Botkin was re
siding in Eureka, Cal. Hhe letter asserted
that Dunning was financially embarrassed!
and that the woman with whom Dunning
was infatuated was a divorced woman. He
proved by Mrs. Botkin's own testimony
that she and Dunning alone knew of his
financial condition, and showed by the tes
timony of Dunning .that Mrs. Botkin had
told him on his return from Salt Lake that
she had secured a divorce from her Ihusbandjj
during his (Dunning'a) absence. _jk\r
Hosmer argued that the letter in dijtjp
could have been sent from Eureka JbP»
Francisco on the steamer FaraJMi *" a
mailed here on the arrival of tbsnJP' - ne
expounded this theory with S
and effect that Knight, bm+**
ened at the possible result**" f"
tered a vigorous hosmer • ar
gument. He was b
however, and Hosrotf **> Permitted to con
tinue on this linft , ~ ~
. Mr. Hosmer ° n the ™ tho *
ship of the SAW"™* and th * ad
i™. „„ ikrboc of candy. He went over
tnTevX"-if the) experts carefully and
asserted*"*' Mrs - Botkin. was one writer
cf tie '* tters and had wriUen addreg «
• on «** hox of c ' ind y-
I ji/,-.. Hosmer concluded his address by
/aito'ng the jury to return a just verdict—a
/verdict of murder in the first degree.
I After a short recess Judge Cook delivered!
ids charge to the jury, the reading of which
occupied more than an hour. Hfle jury then
retired to deliberate on the guilt or inno
cence of the accused woman. Mrs. Botkin
cried bitterly several times during the day
and during the reading of the charge almost
lost control of herself. Her sitter, who sat
beside her during the progress of the trial,
took Mrs. Botkin in her arms and comforted
her as best she could, but the tears could net
he stayed.
Mrs. Botkin's lawyers do not propose to
accept the verdict of the jury as final with
out making a ftrong effort to obtain a new
trial and possible reversal of the judgment,
George A. Knight, leading attorney fop
the defense, says:
"Our first step will be to move for a new
trial on the day set for passing sentence, or
aa soon thereafter as we can be Iheard. If
the new trial is denied, of course we shall
go to the supreme court and at the same
time we shall raise the question of juris
diction. This court never had and never
can get jurisdiction) to try Mrs. Botkin. It
is a plain question of law, and I have not
the slightest doubt of the supreme court's
derision on that point."
Mr. Knight also asserts that there are
numerous errors in the record which he
thinks will enable him to secure a new trial
for his client. ■ ,
Attorney General White of Delaware, in
an interview, expresses his satisfaction with)
the verdict and commends the jury for hav
ing done its duty.
The witnesses who came from Delaware
to testify in the case will start for thei*
homes tomorrow afiernoon.
THE CORNISH CASE
Use of the Mails Furnished the Needed
Clue
NEW YORK, Dec. 30.—There is hope
that borders on expectation that the silver
plated trinket received by Harry Cornish
through the mails may prove a conclusive
clue to the person responsible for the death
of Mrs. Kate I. Adams, and the poisoning
of Cornish. It was not a bottle-holder, as
it has been represented to be, but a tooth
pick-holder, or ash-receiver. A private hall
mark is stamped in the silver of this lit
the article. "It is No. 814 toothpick-holder or
match-stand. It was made in Newark, N.
,J., by Frank A. Lebkuckner & Co., manu
facturing silversmiths. There are not fifty
match-safes of that design in tlie country,"
Mr. Lebkuckner said. "But few have been
put forth up to the present time. Of these
fifty, the one involved went to New York
or to our Eastern agents at Hartford, Conn.,
and if you follow it to the retail store and
i that store is conducted as it ought to be.

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