Page 16 of Aug 28 1898 Issue of San Francisco Call in San Francisco, California

San Francisco Call August 28, 1898 Page 16 old newspaper archives

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San Francisco call (Newspaper) - August 28, 1898, San Francisco, California1898 the san Francisco . Botkin builds a Wall of Legal resist Hareas Corpus proceedings her attorneys demand her release Case without a precedent. 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 resist the efforts of mrs. Botkins attorneys to secure her Freedom. He was in consultation with chief Dees for several hours yesterday afternoon going Over the evidence so far gathered by the local police. At the conclusion of the conference or. Hosmer said a the people will oppose releasing the accused woman. She was arrested on a warrant duly issued on a sworn complaint. And is therefore within the hands of the Law. But one Point is raised in the petition that mrs. Botkin is not extraditable 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. A Between now and the hearing in the Hareas Corpus proceedings i shall look up decisions in this phase of the matter. A i shall undertake to make All the defense i can when the Case comes before judge Cook. Of course i cannot predict the result. Another Contention we hich i shall make is that the Superior court has no jurisdiction in the premises. The prisoner is within the jurisdiction of the police 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 we hich she was taken into custody is i consider sufficient to hold her until the a Roper tribunal has passed upon the Evl ence against her and decided we Hether or not she should be held for chief Lees Legal adviser has suggested a Meths by which mrs. Botkin can be held for trial in this state if she is not Token to Delaware. The accused woman a name has not been entered upon the prison record nor upon the retinue Book upon w Holch 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 Grinn Register but in the Case of mrs. Otkin the Law has not been obeyed. Chief Lees gives As his reason for this procedure 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. A _. As far As can be Learned. Judge Joachimsen has not taken official cognizance of the Case As it does not appear on his court Calendar. Mrs. Botkins attorneys allege that All these proceedings Are irregular and they could procure her release very quickly if it would be any advantage to her. _ _ trying to Trace the package. Postal inspector Irwin called on chief Lees again yesterday afternoon and they discussed the of the poisoned we have just received a very Large shipment of Fine tape3trytable covers All new designs and the very latest colourings. As these goods come to us direct from the manufacturer we Are enabled to offer them at very Low prices. The local police we ill 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 p. 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 a attorneys applied to judge Carroll Cook yesterday for a writ of Hareas Corpus. The application was granted and will be heard to Morrow morning. The defense has therefore taken the initiative without knowing that the Dover detective was so near san Francisco on his Way across the continent. It is probable that the District attorney will have something More than technicalities with which to combat the technicalities of the defense. The Eastern detective is credited with havin evidence of a very Posi Tive character a Quot inst mrs. Botkin. He will come of course. With the Box of Candy in which the Poison was concealed. This Box and its wrapper samples of the Candy and the superscription on the cover we ill give the City authorities a tangible basis upon which to we Ork. 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 double life on the part of Dunning gives something of a motive for the offence 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 materially Clear the situation. Very Little difficulty will be experienced in tracing the Candy Box to its maker. From the maker 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 dealer. It May be possible also to identify the Candy. It is believed that the fatal Box was enclosed in a Peculiar wrapper w hich 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 general purposes May not amount to a great Deal their effect will be greatly strengthened by collateral evidence which the authorities possess. It we ill be remembered that mrs. Dunning received warnings and threats carried to her in Anonymous letters. 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 this evidence. What else the detective knows must be exploited after his arrival. He has. Succeeded in evading newspaper men on his Way across the continent and even the local police do not know what he possesses. There is a Hope that the correspondence of mrs. Dunning will give the supporting foundation for the fabric against mrs. Botkin. Offed and woman was harassed for Many months before her a eath by Anonymous communications. Borne of these May contain references that will assist in revealing the identity of the writer. As already indicate a mrs. Botkin has taken the initiative in the Legal Battle for her life. Her attorneys began their technical defense yesterday in suing for a we Rit of Hareas Corpus. This is the first step in a Legal fight that has no precedent or parallel in the United states. The authorities will demand the 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 specifically declares that no person May be extradited unless proof of flight from the state demanding extradition is supplied. Mrs. Botkin never was in Delaware and consequently could not have fled from there. No provision seems to have been made for the punishment of such a crime is that of which mrs. Botkin is accused. At her bidding under the theory of her police accusers death travelled across the continent and brought desolation to t Home yet there appears to be no Way legally by which she can be taken before the proper tribunal for trial. The California Law seems equally Clear it a the Point that she cannot be tried by he courts of this state As no provision is made for the punishment of an offence Dart of which was committed out of the state. These Are the main Points upon which a most interesting Legal Battle is of be fought. Mrs. Botkin will resist extradition and we ill defy the authorities of his state to try her. This is the Polley of 150 4-4x4-4 fringed tapestry table covers. 200 6-4x6-4 fringed tapestry table covers. 175 8-4x8-4 fringed tapestry table covers. 125 8-4x8-4 fringed tapestry table covers very handsome designs. 50 8-4x10-4 fringed tapestry table covers. 75 8-4x12-4 fringed tapestry table covers. See display of above goods show windows. . Dunning her attorneys who have not yet discussed the guilt of innocence of their client except in generalities and sweeping denials. The police and District attorney will oppose the Grant of a writ of Hareas Corpus 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 a court with murder. This accusation is made on a information and which is not accepted by the Laws of California. 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 governor Budd a solution of the problem similar to that in the Durrant Case when judge Morrow ignored the National Law on Hareas Corpus and refused Durrant a second writ to which the Federal statutes declared he was entitled. If judge Cook should refuse to Grant mrs. Botkins application for a we Rit of Hareas 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 we Rit of Hareas Corpus the police will hold mrs. Botkin under the proceedings that have been instituted in the police court. If judge Joachimsen releases her before governor Budd passes on the question of extradition she May go we Here she pleases. In whatever aspect the Case is viewed it presents one or the most interesting and intricate Legal problems Ever submitted to the courts of the state or of the United states. To Trace the package of Candy but we Are working in the dark. As soon As the wrapper we Ith the cancelled Stamps and postmark Are shown to us we can Tell whether the package went through this office. ,. Quot 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 stations. All the packages posted at any of these places Are taken to station d. Where the e Stamps Are cancelled and the matter forwarded to its destination. E 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 Post office since the declare they will prove her innocence Botkin la to confined As aforesaid and restrained of her Liberty. In. That the said imprisonment of the said Cordelia Botkin is illegal in this that said Cordelia Botkin is held and restrained in such custody by said i. W. Lees aforesaid under a complaint charging her with murder and a warrant issued for her arrest therefor which 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 detective e. L. Gibson. This latter is endorsed by i Seph p. Hughes clerk. All these have been printed in full in the columns of the Call that the said i. W. Dees chief of police of the said City and county of san Francisco aforesaid has imprisoned the said Cordeta Botkin under and by virtue of said complaint above named and Bald warrant of arrest and not otherwise and this said complaint and warrant of arrest aforesaid Are the Only processes. Authority or order. Judgment or decree by which said i. W. Lees esq., chief of police aforesaid holds said Cordelia Botkin or restrains her of her Liberty As aforesaid. I. That said i. W. Lees aforementioned is imprisoning said Cordelia Botkin 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 California. Vii. That said complaint is illegal and void in this a it does not charge a Public offence under the Laws of California. B it attempts to charge a Public offence 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 before or since said Date that the said Cordelia Botkin was in the state of Delaware or a resident thereof or that she fled therefrom after the alleged commission of the offence described in said alleged complaint or that the said Cordelia Botkin Ever fled from the state of Delaware or became or was a fugitive from Justice in the state of California. Viii. That on the 11th Day of August. 1898, the Date of the alleged murder mentioned in the com Elaine above set Forth the said Cordelia Botin was not in the state of Delaware either at the time of the commission of the said murder or after said commission thereof and your Petitioner alleges on information and belief that said Cordelia Botkin never was in the state of Delaware at any time or at All and your Petitioner alleges that on said 11th Day of August 1898. And for a Long time prior thereto said Cordelia Botkin was in and a resident of the state of California that she never at any time tied from or left the state of Delaware 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 Delaware or any other state and she never fled will appear in court on monday mrs. Botkin through her attorneys is granted a writ of Hareas Corpus by judge Cook. The first Legal Steps have been taken toward the release of mrs. Cordelia Botkin 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 amp Squires and Knight amp Heggerty she has applied for a writ of Hareas Corpus. This petition was presented to judge Carroll Cook department 12 of the Superior court by Frank Mcgowan shortly after 12 of clock yesterday. The application was granted and i. W. Lees chief of police was ordered to produce mrs. Botkin in department 12 at 10 of clock to Morrow morning. Mrs. Botkin has not been booked pending the arrival of detective Mcvey with requisition papers and the evidence upon which the warrant of arrest was issued. The petition filed yesterday follows the Hareas Corpus writ. In the Superior court of the City and county of san Francisco state of californian in the matter of the application of Cordelia Botkin for a writ of Hareas Corpus to the honorable the Superior court of the City and county of san Francisco state of California the petition of Frank Mcgowan who makes this application for a writ of Hareas Corpus for and on behalf of Cordelia Botkin respectfully shows this court i. That said Cordelia Botkin above named is now and was for More than two years last past a resident of the state. Ii. That the said Cordelia Botkin 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. Iii. 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 Candy. Inspector Irwin said after the conference with the chief a we Are Maing every possible Effort 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 of clock a. M on said Day and Snow cause by what authority in Law he restrains said Cordelia Botkin of her Liberty aforesaid. And your Petitioner will Ever Pray Etc. Frank Mcgowan. Petitioner. Mcgowan amp Squires. Attorneys for Cordelia Botkin. Mills building. San Francisco. Knight amp Heggerty. Attorneys for Cordelia Botkin Arrott building san Francisco. Judge Carroll Cook issued the following order granting the. A trite 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 Hareas Corpus order granting writ. Upon the Reading and filing of the petition 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 Botkin is illegally imprisoned and restrained of her Liberty by i. W. Lees. Chief of police of the City and county of ran Francisco state not of California and slating wherein the alleged illegality consists from which it appears that a writ of Hareas Corpus ought to Issue. It is ordered that a writ of Hareas Corpus Issue out of and under the Seal of the Superior court of the state of California in and for the 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 Botkin before me in the courtroom of department 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 1898, at 10 o clock a. M. Of that Day to do and receive what shall then and then be considered concerning the said Cordelia Botkin together with the time and cause of her detention and that you have then and there the said writ. Carroll Cook judge of said Superior court. Dated August 27. 1898. Judge Cook issued an order to chief Lees which was to the application and we Rit commanding him to produce Cordelia Botkin in his court on monday morning. A Deputy sheriff served the order and Lees made the following return Lees makes his reply. In the Superior court of the City and county of san Francisco state of California sex Parte Cordelia Botkin on Hareas Corpus. State of California City and county of san Francisco is. I i. W. Lees. Chief of police of said City and county of san Francisco acting in obedience to the writ of Hareas Corpus issued herein by said honorable court do Here suffered untold agonies. Limbs swollen so could not get about. Ablest physicians signally failed. Was absolutely disheartened. Had lost All Hope. Gave Cuti Cura 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 to 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 had lost All Hope when a Friend induced me to give Cuti Cura remedies a trial. I used two cakes of Cuti Cura soap and two boxes of Cuti Cura ointment and it resulted in an absolute and permanent cure. I am now perfectly cured sound As a Dollar and to cd Sicura remedies i attribute my almost miraculous 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 Cuti Cura remedies a trial. David m. Sapp Plymouth 111 8s8ss888s8ss8ss8s8s8ss88 8ss8sssss888 a Cash or Little at a time. Maggion gloves on monday morning August 29th at eight of clock we will place on Sale our entire Stock of five Button Maggioni Glace kid gloves Plain backs which never have been sold for less than $1.7$ and #2.00. Every pair is guaranteed fitted if desired. We advise an Early Call before the assortment is broken As every pair is to go for 00000000000000000000000000000000001 Gattrell remembers the confections a a the candies he sold identical with those in which to the Poison was mixed. O o o o Stockton cal., aug. 27.�?Frank Gattrell was to Day shown the Dis a a Patch from Dover published in the Call describing the kind of Candy q <3 contained in the poisoned Box mailed to mrs. Dunning. He said he be a o queved the Oblong Bonbons the chocolate creams and the tongs were the a a same he packed in the Box purchased by the mysterious woman three o a weeks ago. As to the Flat wafers he was not so sure unless that part of a a the description had reference to some chocolate wafers dotted Over with a a White drops. The description of the tongs is identical with those used at q a the wave being washed in a plate looking like Silver cheaply Orna o a rented and about three inches Long. O oooo too Cuti Cura remedies instantly relieve and speedily cure every humor and disease of the Akin Scalp and blood with loss of hair whether itching burning scaly pimply and Blotchy whether simple so Romulous hereditary or contagious when All else fails. Fps set Crit Tabbat mkt Fob All and blood by mobs warm oaths with a ctr Cuba boat. Gentle anointing with Coti Cuba ointment purest of emollient skin cures and mild doses of of Ticulka Resol vast greatest of blood purifiers and humor cares. Bold throughout the world. Pettib Dvo at it pm cor., Hole props Hoe too. A a How to cure la seme Quot a ree. 125 to 151 Kearny St

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