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ALL IS READY FOR
THE BOTKIN TRIAL
A Number of Witnesses in the Case
From Delaware Arrive With
John P. Dunning Will Give the Prosecution All the
Assistance in Bis Power — Defense Expects an
Acquittal — Mrs. Botkin in Court,
After a futile effort to extradite Mrs. Cordelia Botkin, accused
of sending a box of poisoned bonbons to Dover, Del., which caused
the death of two women, the authorities of California and Delaware,
in order that justice may be done, have united to prosecute the de
fendant under the statutes of this State. This case, which is witnout
a parallel in criminal jurisprudence, has attracted world-wide at
tention, first because of the enormity of the crime and second be
cause of the possibility that a person may commit a dastardly mur
der and escape punishment because of a defect in our criminal laws.
The trial of the accused woman is about to begin, but if the jury
finds for conviction the jurisdiction of California will be denied,
and the question carried to the Supreme Court for determination.
The defense, relying upon the weakness of the prosecution, has not
seen fit to raise this point until all evidence against the defendant
has been submitted and passed upon by the jury. Beyond me legal
technicalities the public has a deeper and an anxious interest in
this celebrated case. A murderer sent an agency of death through
the mails from this city and it accomplished its fiendish errand, and
if it be proved that Mrs. Botkin posted the package and yet can es
capfe punishment, every person having a known or unknown enemy
need feel alarmed.
THE selection of a jury which Is to
decide whether or not Mrs. Cordelia
Botkin is a modem Borgia or an in
nocent woman will begin this morn-
Ing in Judge Carroll Cook's court. The
Delaware witnesses are here to testify
against the woman accused of poisoning
Mrs. J. P. Dunning and Mrs. J. D. Deane.
The case was set for yesterday, but court
adjourned until 10 a. m. to-day out of
respect for the late Judge Borden, whose
funeral was held in the afternoon. Mrs.
Botkin will be tried first for the murder
of Mrs. Dunning.
John P. Dunning, husband of the mur
dered woman, has arrived in the city and
ivill make a clean breast of his relations
with Mrs. Botkin. He believes she is j
guilty and will not spare her or attempt j
in avoid unpleasant notoriety for himself.
He declare? that everything that could be
eaid against him has been printed from
one end of the country to the other, and |
he is indifferent to any comment whicli i
can now be made. Dunning did not arrive j
with the other Eastern witnesses. He
came from Chicago by the Central route,
while the others came from Delaware by
the Southern route.
The Delaware witnesses reached the
city at 4:45 last evening, and are now
quartered at the Grand Hotel. They were
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due here Sunday, but their train was
wrecked at Jennings, N. M., which caused
a delay of twenty-seven hours. All the
party are in excellent health, though
somewhat fatigued by the long journey.
The witnesses are: Ex-Congressman John
B. Pennington, father of the victims;
Joshua D. Deane, husband of one of the
murdered women, and his motherless
daughter. Leila; Miss Josephine Bateman
who ate some of the deadly bonbons and
narrowly escaped the fate of Mrs. Deane
and her sister; Ethel J. Mtllington, niece
of the dead women, who was also made
it by eating the arsenic-laden candy;
Harry Pennington, a nephew who carried
hi*JSf Package T from the postofflce to
his aunt; P 1 " 8 - P. L. Downs and L. A. H.
Bishop, who sought with all their skill
to thwart the fiend's purpose; Dr. T R
\\olf State Chemist of Delaware, who
found enough arsenic in the candy to kill
Dover e «nr^? ns; Postmaster Gooden of
Dover and Attorney General R. C. White
the° S?V° 8^ ln the Prosecution of
me alleged murderess. The party left
the ™rf °of "SS Tue day ~S?niS2
VlevVv u.h State Detective Bernard J.
to take AY« Ca 5 1 iJl cr l Several weeks a&0a &0
at Tracv V«V «n Ed f Gibso t? met the witnesses
at i racy and from there telegraphed for
Ch| e °f n TIl a [ inns , for the entire par-
P. ran n ( '- 7£, da >' Eastern witnesses will
\t < i°" sulted by the Prosecuting Attorney
lx£L * ay , f amiliarize himself with
SSW?!? 11 *^,**? testimony they are to
give at the trial. Last night Mr. Hosmer.
Chief Lees Attorney General White and
Detective McVey went over the case in a
general way, and when the taking of tes
timony begins they will be prepared to
present the strongest case possible.
When the party left Delaware ex-Con
gressman Pennington, who is well along in
years, was not in the best of health and
his relatives and friends feared the trip
ana its attendant worry would be too
great a strain upon his strength. Fortu
nately his indisposition was only tempo
rary and he reached the end of the Jour
ney in better health and SDirits than when
he started. Mr. Pennington did not care
to discuss the terrible fate of his daugh
ters or the purpose of his visit here. He
was deeply, interested, however, in learn
ing all he could about Mrs. Botkln, where
she was imprisoned, her appearance, and
the proceedings in court yesterday. The
few expressions he made on the case indi
cate that he believes the accused woman
is guilty and he hones to see her convict
ed. He is familiar with the penal statutes
of California and can see no reason why
a speedy trial should not be had and exact
justice meted to the defendant.
J. D. Deane, whose grief over the terri
ble death of his wife is undiminished, ex
pressed himself with extreme bitterness.
"We all feel bitterly over this case and
think the murderess of my wife and her
sister should have been Bent to Delaware
"We all want to get through with the
case and return home as quickly as possi
ble. Drs. Bishop and Downs have l«ft
their practice; Attorney General Whit©
had to turn his official and private affairs
over to others and Dr. Wolf is forced to
neglect his duties while out here. We hope
the trial will not be delayed and that we
can start homeward ■in ten days or two
weeks, at the farthest."
John P. Dunning, whose wife is believed
to have been the particular object of the
alleged murderess' hate, has come pre
pared to be roasted by Mrs. Botkin's at
torneys and by the newspapers.
He said last night: "I am here to give
testimony in court and not to the news
papers. I have been in the newspaper
business a great many years and often
criticized people whom I believed ought
to have talked for publication; but I
know how it is, and even here among my
friends, the men I worked with, I shall
not give the substance of my evidence
until I am on the witness stand. Then I
shall tell all and the lawyer and the news
papers can say what they please about me.
Everything evil that could be said has
been printed from here to New York, and
I am calloused to further attacks. I have
not gone to the devil and I am not going
"When I left here last March I admit I
was in a bad way, but I went to New
York to get a fresh start. From there I
went to Havana, where I was the Asso
ciated Press correspondent prior to the
war. When hostilities were opened I
went to Santiago and was all througli the
campaign and • took as many chances as
any correspondent. I underwent terrific
ordeals and was working to recover my
former standing and was successful. My
only desire was to return to New York,
have my family with me and again be
happy. This desire was all but fulfilled,
when my wife was murdered. When the
news reached me I was ln Porto Rico. I
returned home immediately. I went to
Delaware and told the authorities every
thing I knew which had any bearing on
the crime. Since August I have had sev
eral good offers to return to Cuba, but 1
refused in order that I might come here
when needed and not be accused of at
tempting to shield a criminal with whom
I had been formerly • associated It is
true I wrote to Mrs. Botktn. but the
charge, by innuendo, that I in any way
conspired to murder my wif i is the gross
est Injustice that could be done any man.
I am subject to criticism, I know, but I
am not going to let that, deter me from
laying bare the worst chapter in my
whole life. I want the murderer of my
Mrs. Botkln appeared in Judge Cook's
court yesterday neatly attired in a close
fitting black' suit, with a new black hat
and heavy veil. . Ker manner did not in
any way indicate that she was nervous or
apprehensive as to the result of the trial
which may condemn her as a double mur
deress. She trusts in her attorneys' as
surance that she will be acquitted. . Im
mediately after court ■ was called Judge
Cook announced that an adjournment
until this morning would be taken in re
spect to the late Judge Borden, whose
funeral service was to be held in the
afternoon. The • attorneys made no ob
jection to the adjournment, and his Honor
then ordered a rollcall of the special
venire of 150 talesmen, from whom twelve
Jurors are to be drawn.
I The court room j was filled with citizens
THE SA3T FRANCISCO CALL, TUESDAY, DECEMBER 6, 1898.
CROSSED THE CONTINENT TO TESTIFY AGAINST MRS. CORDELIA BOTKIN.
Delaware Witnesses in the Dover Poisoning Cas? Arrive in Time for the Trial of the Accused Woman, Which
who. had been summoned as Jurors and a
large number of curious individuals, who
craned their necks to get a glimpse of
the now famous prisoner. When Mrs.
Botkin and "her faithful sister. Dora
Brown, passed through the corridors from
the Sheriff's office to the court room they
ran a gauntlet of Inquisitive eyes, but
neither was embarrassed or perturbed in
the least. The defendant took a seat lac
ing his Honor and beside her associate
counsel, Messrs. McGowan and Wheeler.
George Knight, chief counsel for the de
fense, was not in court, as he knew the
adjournment was to occur.
Mr. Botkin was not present at the pro
ceedings yesterday. All the witnesses
were excused until to-morrow.
Attorney Knight is confident that his
client will be acquitted. He declares no
delays will be asked and that the de
fense is anxious for a speedy trial. He
outlined Mrs. Botkin's defense ln a few
words yesterday, saying:
"The defense will combat the corpus de
licti. The prosecution cannot establish a
case and the defendant will be acquitted.
All the witnesses from Delaware and all
those here cannot prove that Mrs. Dun
ning and her sister died from arsenical
poisoning. The doctor may testify that
the ante-mortem symptoms were similar
to those where arsenic has been adminis
tered, but their opinion won't hang any
one. They can't prove the charge. As
for the handwriting, we won't pay much
attention to that. The testimony of ex
perts doesn't amount to much and espe
cially when it comes to convicting a
woman of murder. The whole case of the
prosecution is flimsy and the taxpayers
should never have been put to the $30,000
or $40,000 expense to try a case which must
fail. The defense will not obstruct progf
ress in securing a jury. We will be satis
fied with any twelve ordinarily intelligent
Judge Cook and Attorneys Hosmer and
Knight think the trial will not last over
THE NEXT TERM
Choice by Members o?
Inter Nos Circle, Companions of the Forest
of America, has elected the following named
officers for the ensuing term: Hiss Emma
Oakes, C. C. ; Mrs. Sophie Coyle, S. C. C. ; Mrs.
Emma Harrington, F. S. ; Mrs. Lizzie Meyers,
T. ; Henry Coyle, R. S. ; Miss Kate Magee, R.
G. ; Miss Margaret Joseph, L. G. ; Miss Ma
lone. I. G. ; M. Erritt, O. G. ; Miss Rothberg,
organist; M. Johnson, trustee for two years;
Mrs. Mollle Roses, trustee for one year.
Court Seal Rock, Foresters of America, has
chosen as officers for the ensuing term the
following: J. F. Arndt, C. R. ; E. W. Jakobs
8. C. R. ; F. W. Bauer, F. S. ; H. J. Willis It'
S. ; E. J. Coftney, T.; S. B. Desllva. K. W.-
Charles M. Troppmann, J. W. ; T. C. Hunter,
S. B. ; J. Ryan, J. B. ; L. V. Demanlal, trus
tee; Dr. A. K. Happersberger, physician. John
Heenan, grand Junior woodward, will officially
visit this court on next Thursday night.
Golden Gate Camp of the Woodmen of the
World has elected the following named as
officers for the ensuing term: Charles W. Bell
P. C. C; A. J. Weinert, C. C; F. T. Phelps,
A. L..; Richard Fahy, B.; D. J. Oliver Jr., C. ;
T. F. Quindon, E. ; J. B. Blackall, W. ; David
Brown, S.; J. H. Herrold, M.
Valley Lodge of the Ancient Order of United
Workmen hap elected the following named as
officers for the ensuing term: J. C. Sharp,
M. W.; C. E. Thurston. F. ; J. H. P. Gedße,
O. ; John H. Smith, G. ; H. E. Bullivant, I. W. ;
O. Ericsson. O. W.
ISAAC S. BELCHER'S WILL.
The Bulk of the Decedent's Estate
Bequeathed His Widow.
The will of the late Supreme Court
Commissioner, Isaac S. Belcher, was filed
for probate yesterday. The instrument is
olographic and bears date of August 9,
1898. The testator bequeaths each of his
children— Martha B. Cooley, Richard
Belcher, William J. Belcher and Robert
Belcher— the sum of $100. The residue of
the estate Is bequeathed to Adeline N.
Belcher, widow of the deceased.
The estate of the decedent consists of
real and personal property in this city,
Yuba, Sutter, Butte, Glenn and Colusa
counties, of unknown values. Mrs.
Belcher is named in the will as executrix,
to serve without bonds.
Hearst Libel Suit.
The argument of counsel ln the libel
suit of Claus Spreckels against W. R.
Hearst of the Examiner was by consent
continued in Judge Mogan's court yester
day till December 10 at 11 o'clock.
Federal Grand Jury Impaneled.
The following Federal Grand Jury was
Impaneled yesterday morning by United
States District Judge de Haven: Nathan
Blbo, C. 8. Benedict, Clarence W. Coburn,
N. P. Cole, L. C. Cnoplus, Horace Davis.
George W. Gerhard, John L. Haskell, H.
Keenaa, F. W. Marvin, L. V. Merle,
Henry S. Manheim, A. Pallies. H. A.
Steffens. Edward A. Selfridge, F. Tillman
Jr., Isaac Upham, C. M. Volkman, Francis
HE HAS LAID ASIDE
HIS SWORD FOREVER
Sudden Death of LIEUTENANT JAMES E. NOLAN, Fourth
Cavalry, Presidio, Yesterday Afternoon.
FIRST LIEUTENANT JAMES E. NOLAN, Troop I, Fourth United
States Cavalry, died at the Presidio at 5:30 o'clock yesterday after
noon of pneumonia, after an illness of four and a half days. In his
death the regular army loses a loyal, brave and trusted soldier. Lieu
tenant Nolan was one of the most popular officers in the army, and he had
a host of friends, to whom his death meant a personal loss, for he was a
generous, true and kind friend, an efficient and capable officer and an af
fectionate husband and father. He was a man who held his friends by the
nobleness of his character and the gentleness of his personality. In speak
ing of him last night, one of his brother officers said: "James Nolan was
a man you could always count on. He was, like Chevalier Bayard, a sol
dier sans peur et sans reproche."
About two months ago Lieutenant Nolan contracted a severe case of
bronchitis, and while he apparently recovered, he never entirely regained
his health. He was advised by his friends to go to Arizona, but refused
to leave his duties. Last Wednesday night he. with some of his brother
officers, attended the performance of "Secret Service." The next morning
he was so unwell that Dr. McGettigan was sent for. Realizing the serious
symptoms of pneumonia. Dr. McGettigan refused to allow Lieutenant
Nolan to get up. He continued to grow worse, and although he made a
brave fight for life, his tired spirit quietly slipped away yesterday after
noon shortly after retreat. In fact, hardly had the flag he loved so well
been lowered and furled for the night before the soul of the brave sol
dier was at rest. Drs. Kerr and McGettigan were with Lieutenant Nolan
when he died, as was also his wife.
Lieutenant Nolan was a native of Wisconsin, about 38 years of age.
He was appointed to the Military Academy in 1882, and graduated four
years later, being assigned to the Fourth Cavalry, with which regiment
he served continuously until the time of his death. In July, 1893, he was
made first lieutenant and transferred to the Tenth Cavalry, but never
joined it, and was transferred back to the Fourth. He came here about
eight years ago with his regiment. His first service was in Arizona. When
the war broke out Lieutenant Nolan organized M Troop, now commanded
by Lieutenant Lockwood. Lieutenant Nolan was regimental quarter
master. He was considered one of the best officers in the field that ever
wore a uniform, and his great executive ability was recognized by his su
periors as well as those under his command. He married a Miss Klmball
of Chicago, and is survived by her and three small children. His funeral
will take place to-morrow. His body will be intered in the Presidio Ceme
tery with full military honors.
1... Whitney, Duano Ballard, John Hews
ton Jr., Frank S. Kelly and M. Kahn.
Mr. T'pham was appointed foreman by
the court and the jury retired for the pur
pose of completing organization.
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extra heavy five mixed colors
knee pants one blue
regularly $3.50 $3.75 and $4
marked down to
Boys' suits are right,
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builders; the foundation
is the boys' trade. That
soon grows into men's
trade. We're very care-
ful what we sell boys.
. . . ■
for ages 8 to 16
regularly £5 and $6
marked down to *•;
<fc/i A \
Kearny and Post
He Refuses to Discuss
His Love Affairs.
TREASURY AGENT IN TROUBLE
HIS TYPEWRITER ADMITS THE
CALL'S STORY IS TRUE.
Collector Jackson Expects to Be Or
dered to Make an Investigation.
Another Victim Not a
Major Horace A. Moore, special agent
of the Treasury, with a too-demonstrative
admiration for his stenographer, was not
receiving callers yesterday with that cor
diality that formerly was -iiaracteristic
of the major. In fact, he was not receiv
ing anybody except such Federal officials
as found it necessary to visit him on de
The exposure in --"sterday's Call of the
major's moral shortcoming's had given
that venerable lothario a fearful shock,
and he kept the door leading to his pri
vate office tightly closed all day,
where before it always stood invit
ingly open. When newspaner men sought
to obtain a statement from him regarding
the charges that have gone on to Wash
ington, the major sent word to them by
his assistant that he had nothing to say
at present, and when a note was sent in
to him asking if he would deny the
charges, he sent back an answer that at
the proper time he would make his state
ment, practically admitting that he knew
the charges had gone on to Washington
and that he expected to be called to ac
count by the Treasury officials.
The young lad^y typewriter who was
subjected to his insults remained pluckiiy
at her post in the outer office, and thougn
naturally dreading the unpleasant noto
riety, frankly admitted that the charges
as outlined in The Call were true, and
that they had been forwarued to Wash
ington. Acting on the advice of her
friends she had determined to retain her
position, and if the department ordered
an investigation of Moore's con
duct she would unhesitatingly give her
testimony as to his outrageous conduct.
She corrected the statement that Kolla V.
Watt had helped her to secure her ap
pointment, although she said she had met
Air. Watt and was intimately acquainted
with his relatives.
Every employe of the Federal Govern
ment in the city, fro.ni heads of depart
ments to janitors chori ed over the ex
posure of Major Moore's misconduct, for
his actions have been notorious to all of
them, -and even this latest instance has
been gossiped by them for some days. Col
lector John P. Jackson was in unusually
good humor when seen yesterday, and al
though he declined to say anything what
ever about the matter, or even acknowl
edge that he was aware that formal
charges had been preferred against
Moore, he explained that if the Treasury
Department should order an investigation
he would probably be the one selected to
conduct it, consequently it would De mani
festly improper to discuss the matter at
Rolla V. Watt worked himself into a
tempter when asked to throw some light
on the charges and denied that he knew
anything about them or had ever heard
of the young lady in question, a statement
that party flatly contradicted when she
said she had met Mr. Watt. Then, al
though protesting that he would say abso
lutely nothing for publication. Mr. Watt
admitted that he knew Major Moore quite
well, and close questioning brought out
the admission that he had heard stories
of the major's improper conduct, but had
never paid any attention to them, nor had
he discussed them with the major.
Meanwhile the "Federal Brigade" con
tinued to chortle over the major's down
fall, for the. major's friends in the
red brick building are not numbered by
Moreover the evidence against the ma
jor is piling up. It appears that his fancy
turned lightly to others than typewriters
Now that The Call has done public ser-
Vl cc ln », makln ? known the nature of
these official charges, the hitherto timid
are coming forward with stories that are
the good sort —
the kind we sell;
made by Brokaw
Bros and Rogers,
Peet & Co. New
York's best tai-
Of course we'll save
you about one-third on
the San Francisco tai-
full dress tuxedo
prince albert cutaway
butlers' suits groom's suits
Made of the best imported
and domestic cloths
Overcoats to match
these clothes must be
good. We have them
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$20 to $55
Kearny and Post
strongly corroborative of the major's ai
leged little ways.
Not long ago a public official was
charged with a serious offense, but
after investigation by Major Moore was
exonerated. In the accused official's de
fense there testified his wife, a young 1
and buxnm lady, upon whom the major
cast sheep's eyes. After the investigation
he intimated that he would like to inter
rogate the lady in private. Eager to help
her husband the fair witness kept the
appointment, but was horrified when the
major looked the door and proposed cer
tain terms which she construed to
be the price of her husband's ex
oneration. With extreme difficulty
she escaped, but although the evi
dence against her husband was too weak
to convict him, she was not allowed to
elude the discriminating- eye of the secret
service agent. For months she was fol
lowed and importuned by Major Moore,
who tempted her with invitations of lit
tle dinners by the sea and other delights,
but all without avail. The fair wifew
scorned to yield to the advances of thep
man mean enough to take advantage of
his official position and she only confessed
ihe cruel persecution in the satisfaction
Inspired by The Call's expose of similar*
charges against Major Moore.
ALL TO THE CHURCH.
James Gaffney Disposes by Will of
His $19,000 Estate.
The will of James Gaffney, who died on
the 24th ult., was filed for probate yester
day. The decedent left cash on deposit in
various banks in this city amounting to
$19,000, all of which is bequeathed to the
cause of religion. Following aYe the be
To the Roman Catholic Orphan Asylum,
$1000; to the mother superior of the Presenta
tion Convent on Powell street, $1000; to the sis
ters of Mount St. Joseph's Orphan Asylum,
$2000; to Thomas, James and Eugene Debard.
nephews, $1000 each; to Benjamin Debard,
$2000; to the pastor of the Roman Catholic
parish churoh at Inniskeel, County Donegal,
Ireland. $1000; to Rev. Thomas Caraher, pastor
of St. Francis' Church, $5000; to the Youths'
Directory, $~>Q0; to Rev. Father Wyman, su
perior of the Paulist Fathers ln San Fran
cisco, $500; to the Sisters of the Holy Fam
ily in San Francisco, $1000, to be expended for
the relief of the poor; to Most Rev. P. W.
Rlordan, Archliishup of San Francisco, $500;
to Rev. Maximilian Neuman, superior of the
Franciscan Fathers, $500; to Rev. Father John
E. Cottle, pastor of St. Brigid's Church, $500.
The residue of the estate is devised to
the pastor of St. Francis church in this
Primary Election Law.
ThP General Conference Committee of
the Democratic. Republican and Non-Par
tisan parties held a meeting last night in
the rooms of the Union League Club to
consider the question of a primary elec
tion law. F. S. Stratton and T. Carl
Spelling were on hand to champion the
cause of the respective bills which they
have drafted to meet the exigencies of a
primary election. M. M. Estee occupied
the chair. There was much discussion ln
regard to the sections embodied in the
two measures, but nothing was done ex
cept to refer the whole matter to a sub
committee consisting of M. M. Estee, A
Ruef, T. Carl Spelling, Senator F. S.
Stratton, Charles Gildea, A. G. Booth, W.
-I. Brobeck, W. M. Cannon and E. J. Rey
olds, secretary. They will meet in the
offices of F. S. Stratton in the Crocker
building on next Wednesday evening.
Pictures, Statuary, Vases,
Ornaments, French and
Dresden Cabinets, Onyx
Pedestals and Tables,
Lamps, Art Novelties,
Crockery and Glassware
S. & G.GUMP
113 Geary St.