San Francisco Chronicle from San Francisco, California • Page 48

1S3K MURDER CHARGE iNJUNCWpN ATBENEir TBiBmillfMltirlititil 1 i Jl KTT i IV Mrs Mr fs 1 Cordelia Btitkiri Arrested for Caus ing Death of Mrs JlJunnings Sister ArraigmrrientisSetfor Tb Marrov I tfo L1 rii I 35V irw vm Pft i CTING onVthejreqveat of the District Attorney Josnua Deane iwor to taif addlr tlohai charge of murder yes terdar against iCordeliav Bbtkln lie accuBei her of causlnsr the death of hl wlfejn pover Del In tl898 by mewBfHhepctspned yandy tha va senfc from this city bjrfhe prisoner tnHheh wbeme to Put Mrs John JP Dunning put of he vav Mrs Botkiii will jje arraigned before Police Judge Qonlan to morrow morn Ing The hour Is sat tor 10 oclock out It likely that the Court will first dispose of the minor cases bev fore taking up the murder charge Usidei he statute the defendant is entitled to ia stay of two days bev fore preliminary examination Is begun It Is the Intention or the prosecution to have the hearing as soon as poBslblei as the Delaware wit neisea are Impatient to return home and hopes are entertained that Mrs Botklp will waive tne two day of gVace the law will allow If sh de mands It Detective JOd Gibson was dispatched with the warrant aa soon as the com plaint bad been made On his arrival at the County Jail he had the matron Inform the convicted woman that he had a warrant of arrest to erve on her I fear the readins of the document will bring on a paralytic stroke in rny present condition and if you ln 1st on service of the warrant I shall hold you Teponeibie for anything that may happen to me was the answer Mrs Botkin sent bapk to the officer aibson explained to the matron that Mrs Botkin could waive the reading of the warranty and that all he wanted from her was an acknowledgment of service The detective made inquiries and learned that during the morning the prisoner had been visited by the physician who decided that there was no occasion for worry over her state of health The physician left with his mind made up that Mrs Botkin was in large partr shamming the con dltlon of distraction tJJYWELCOME VISITOn Accompanied by the matron the detective proceeded to the cell He had the matron go ahead to see that he could enter the room and when she motioned him to come he stepped Inside Mrs Botkin from her bed looked at him without a word of greeting It was Ed Gibson who took her into custody nearly six years ago for the murder of which she has recently been convicted and it was the sajneofllcer who bad arrested her five years before thaton a charge of larceny It being alleged that goods which bad been stolen In the hotel In vhich vshe lived wre found in her trunk So the detective could not expect to be regarded as a welcome visitor Gibson went quietly at the perform ance of hla duty He spoke a How are you Mrs Botkin and then told her his mission He explained In a few words what the charge was and informed her that she could waive the reading of the warrant if she sq wished Mrs Botkin in a formal manner answered I waive the reading of the warrant The officer notified her to be in court on Monday morning at 10 oclock Thls ended the proceeding Gibson eald good by Mrs Botkin responded and then he wIthdrew The officer states that judging from appearances Mrs Botkin is not suffering undue anguish over her conviction When he called yesterday she was comfortably restinc on the bed with her head encircled by a bandage Mrs WVH Jtobarts her sister from Humboldt county was In the cellwhen the detective served the warrant She went on tidying up the room while the officer carried out the service of the warrant THE SECOND WAnRANT The following Is the new charge against Mrs Botkin In the Bollce Court of the cliy and county of San Francisco State of California Department tio The People of the State of California vs Cordelia Botkin State of California city and county of San Francisco ss Personally appears befora me this 9th day of April A 1904 Joshua Deane who onoath makes complaint and deposes and says that on or about the 11th day of August A 1898 in the city and county of San Francisco State of CaliforniaCalifornia the crime ef felony to wit urtier was committed to wit By Cordelia Botkin who then and there did willfully unlawfully feloniously and of htr malice aforethought kill and murder one Ida Henrietta Deane otherwise known as Mrs Joshua Deane a hu onan being In this the said Cordelia Botkin then and there blng in the city nd county of San Kranclaco State of California did then and there willfully unlawfully felonlpusly and of tier malice aforethought prepare and cause to be prepared certain candles then and there containing poisondeadly t6 human beings and knowing said candles so prepared and caused to be prepared to eon tain poison deadly to human beings aid Cordelia Botkin did wuifully unlawfully feloniously and of her malice aforethought with the intent that the said candies poisoned as aforesaid should be eaten by the said Ida Hen rletta Deane otherwise known as Mrs JoshuaiD Deane and should cause the death of the said Ida Henrietta Deane otherwise known as Mrs Joshua Deane did on rori about the 4th day of August A 1SS81 causa and procure said candles1 containing poison as afoire ad to be deposited 4n the United States Postomce at said eity rand Jcounty of San Francisco State of California for transportation by Upited Bttes mail In a package then and there addressed to Mrs John Dunning at Dover in the Bute of Delaware wtth postage fully prepaid thereon and which said package eo prepared and potted was carried by mall from said city and countyfcof San Francisco State of Calif ornia i to Dover in the county of Kent State of Delaware and was with said candies iherein contalritng poison as aforesaid thettiand thereat Doverin the county of Kent State of Delaware delivered In due course of mail to said Mrs John Dunning and eald candles so con talninr poison and forwarded as afore said bysaid Cordelia Botkin with the unlawful felonious and malicious In ten aforesaldv were eaten by ald Ida Henrietta Deanet otherwise known tas Mrs Joshua DC Deaffe aijdt fromthe effects pf he jpoison I said candies con lalned and theretofore prepared and Hcaused to be prepared and matledi by the said Cordelia Botkin wjth the willful unlawful and felonious intentnd with her malice aforethought toklll and murder the ald Ida Henrietta i Deanetiotherwise knpwn asMrj Joshua Deane sbe the laid Ida Henrietta Deane otherwise known ai Mrs goshua Deane thereartert to wit wn inw Uth dav ofOAusrust A at Dover In the county of Kent State of Delaware died contrary to the form force arc effect of the statute in such case made and provided and against the peace and dlgmlty of the people of the State of Calif ornia And thl complainant upon oath accuses the said Cordelia Botkin of having committed tfae raid crime and prays that tbesald accused may bebrought before a magistrate and dealt with according toj law pOETJEr aVESTidNBP thief of iPblicelWittman had Jacob wwv wfrru further examination as to the state mehttheJurpr made durpg thprdg ress df hetrial that he had been approached and offered money to vote for a verdict ofacqulttaL Qoetjen had nothins additional to elaterr oply a reit eratlon of the staf einen he niade to theChlefi the details of which that qfflelai repeated 5on the stand one afternoon when Judge Cpk had the Investigation The stranger entered Goetjens grocery and bar and was served with a glass of beer He be gan the conversation with the JUror as to the trial and offered him f0 with a promise to pay some larfer amount in the future Qoetzen re sented the proposal and thinking such was his dutyfeported the matter to the Chief of Police Goetjen was asked yesterday If he could identify the man should he be produced Oh yes you get him and I will identify him all right1 was his reply but Wittman thinks there la not much hope of locating ihe stranger from the meager description th grocer wa able to give Goetjen also stated that he had inquired among the other Jurors but none of them had been approached according to their statements We are about stalled so far a any further investigation of the at tempt at Jury tampering Is con cerned said cnier vyittman yesterday after his Interview with the gro cer We have iGoetJens statements hut that is all ana it gives no ciew for us to pursue Attorney McGowan stated Jast even ing that Mrs Botkin had made no request of him to appear for her at the preliminary examination on the Deane charge and he would riot say if he would do so if he were asked I am in lionor bound to stand by Mrs Botkin as long as there Is a fighting chance for her on the charge of murdering Mrs Dunning No Reputable lawyer will abandon a cllept until the cause la finally determined Had there been a disagreement of the Jury I could have withdrawn from the case but I must how assist in making the appeal to the Supreme Court If Mr Knight and myself or either of us donot defend Mrsv Botkin at the jireliminary hearing the Court will appolnti counsel for her Knight is absent from the city en Joying a rest on his ranch District Attorney Bylngton expects the examination to consume no more than three or four days Inasmuch as the purpose Is simply to perretuateri the testimony of the Delaware witnesses for use in renewed prosecution should the Supreme Court reverse the verdict of guilty It Is not likely that the hearing will be lengthy Almost all the witnesses who testified in the recent trial will be called but their testimony WlllJbe largely aurtalled SINutftWINS EVERY HEART Schumann Heink Sings Her Way Intolhe Worship of San Franciscos Musical Public Madame SchumannrHelnks third concert yesterday afternoon was even a greater triumph both for the artist and the woman than her previous ones Long before the hour appointed for the programme pf song the house was sold put and scores of Schumann Hejnks musical rlendp of San Francisco were seated on the stage with the great singer Nd artist has ever appeared in the city that earned and received the ovations tendered thissuperb woman purely out of delight In her art and admiration for iier personality The Incomparable singer opened her concert with1 atriad of three Schubert songs That greatest of song writers meant no more when he wrote his In finitely spiritual Ave Maria than Madame Schumann Helnk meant yesterday afternoon when she sang it The same might be said with equal truthiOf Tle Allmacht Schuberts wonderful hymn to the Creator The eight songs rrom a cycle of Schumann were perhaps the most artistic thingsthe contralto attempted To say1 that she enraptured her audience Is a scant phrase than pah give little conception of the beauty of these songs and the glory of her rendition of them to one Wh0dldinot hearhef Surely no more gloriousnotes ever poured from a human throat The artist rpsei to the very heights of true musicianship when he sang the last of the cycle the almost enthralling Jfun hast Du mlrdemersten Schmers gethah Attempted crlticlsmj of jt would beabsurd If it were not pa Jthetic Thegapphlsche Odepf Johannes Brahms gave Madame Schumann Helnk the chance to display the wpn drous sensuousCbeautyCofJber voiced and taj thpseoTT her audience towhom sound xneaijal aoul she brpught yolutne of unmeasured esctasy Only pne who hjas heard a really great artlsttcan understand the emotions and thrills of pleasure tjiat swept through people as the gTeat floods lof melody swept frpniher throat chu mannHelnk then and there con quered the music worshipers qf gan Francisco i One iWeek from tbdaythBcbhr traltoslrigs again Inthe afternoon at ss line Solid Cblesr to JVeryprI yjai lagara5 Fails leave Chicago ljsOS AuiMand 302 viaOranot Trunk hishyaUeroutf arriving jfew York tCoruapat uwrotenpr vyt Twenty thirdstreets brBrooklynAnnex Vobt of Fulton street following dayi4 30 and vm Direct eonnectiopi for Philadelphia AtianUa City Cape May and seashore resorts Information and timetables wlH furnlshedson application to Advertising Department Grand Trunk liv System IS Adams st ChU i 7 i fc cago oep waux Judge Sloss jles jOpthlbn In a iSult Between StocHoliers of ajGbld Mining Gompany VAtlDIW OF STOCK SUE IN DEBATE Entertainment of Alumni Assoclationat the rift viA i Alhambra a Plphts of Jormej Holders Not Affected iby jSale Made to OufelderlWitfjin the Amount of the Originai An inJuncUonblpreventthe voting qf a certain blbcl ot 40000 ahares of stock at tjie annual meeting of the Proyllle Gold jDr edging apd Explora tibp Company jvja denied yesterday by Superjbr Judge SIoss in the suit pi John Hays Hammbhd Cyrus McCormick IvRyerabp James HoughteHng AiWllteee A Cass Canfield AChesterBeaUyJ Doo llttle and Peabody against Bradley Berry Edwin Schwab Wi Webb A Granger Crocker Luther Hoi ton and podn The meeting at which directors Trere to Thave been elected was to have been held on February IB J804 and it has been postponed from time to time onaccount of the suit The plaintiffs alleged that the iaQOOshareayerf issued on February 4 j04 by the board of directors so that they mieht be voted at the an nual meetfng for the purpose of keep ing las uraoioy vrocacr jacuuu in control of tnV company Bradley the president of the corporation took 39090 shares and Goodwin and Hoi ton 10000 shares each paying SI a Bhare Before the issue of the 40000 shares there were outstanding 367251 shares of which the plaintiffs owned or controlled 200045 and the defendant 187186 With the 40000 shares the defendants had a majority of the issued stock The plaintiffs had intended to depose the Bradley Crocker management at the election and elect a new board of directors JVDOE 8IOSS OPINIOTT The plaintiffs contended that all of the stockholders were entitled to the privilege of buying a part of the 40 000 shares in proportion to the number of shares previously held by them but Judge Slpss found that this contention was not sustained by authorities He said that every stockholder was entitled to a proportionate share of the new BtQck when the capital stock was Increased but an Increase of capital stock was not Involved in this case the 4000Q shares being part of the original capital stock of 600000 shares which could be sold to any one In a written report Judge Slojs said It is often difficult to determine what motives aovern men in their actions The difficulty is greater on a hearing of this I Kino wpere tne eviaence consists mainly of affidavits and the Court has not the opportunity of hearing all the parties examined and cross examined Whatever might be my conclusion after a formal trial of the issues on the merits I should not feel Justified on the record before me la holding that the directors of this corporation were by means of this issue of stock seeking to take away from the holders of a majority of the stock against their will the control of the corporation Unquestionably Goodwin and Ho ton were seeking to acquire the control but they were strangers to tue corporation and violated no duty In so doing An Injunction should not We granted where the complainants right is doubtful Judge Sloss ruled against the defendants on the question of Jurisdiction they having contended that as the company wasan Arizonacorporation only the courts of Arizona could deal with a controversy over its internal management JURISDICTION PLAIN On this point he said In the present case It appears that although the Orovllle Gold Dredging and Exploration Company was Incorporate under the laws of Arizona Its entire firoperty is in the State of California ts real property consists of mining lands in the county Vf Butte in thU State Its office office furniture books and papers are in the city and county of San Francisco itsj five directors are all citizens of the State of California and residents of San Francisco 3ta meetings of stockholders and directors take place In San Francisco all of its business is transacted in this State It has no office property business officer or agent in Arisbna other than an agent designated to receive serylce jot process as required by thelaws of Arizona and finally as pointed out by plaintiffs the alleged wrong here complained of the issuance Of the MOOOshares of stock was committed In San Francisco and the act sought to be enjoined the voting of said I stock is threatened to be done at a meeting to be neld in jsan Tancisco All pf the defendants the corporation Included have appeared and answered Under these clrcumsUnces I think It would be mockery for this Court to say iq the plaintiffs that it will riot take jurisdiction of their complaint but that they must seek their redress Jf they are entitled to any in the courts of Arizona where Jurisdiction eeuid not be obtained of any of the defendants except the corporaion unless they chose to make a yoluntarjr appearance While the practical benefit pf an Injunction Is withheld from the plaln tlffsfbrthe present and the defend anu are left at liberty to vote the 40000 shares and retain control the court overrules the demurrers to the complaint and says that the plaintiffs can proceed to a trial of the action on merits Jesse TVtUHen thai is the attorneys fori the plaintiffs apd the defendants are represented by ex Judgel John Da vis Morrison Cope Corbet Goodwin and Lind leyEickboff si CHiipJsE SOTSirrtrrioH CAKES PITC OYER iashapemps ieyvHpmTooriand Wpne Dhvconvictedof conspiring to defraud the TJnlted States br illegally landing CWnese were not aentepced yesterday Attorney Wright forWongDln and At torneyMcObwan for Horn ToOn moved for a new trial on the ground that the indictment upon which their clients were convicted wae insufficient and uncertain AttorneysSchooler 1 or Dasha moved for an arrest of Judgment on the same grovndiAt the conclusion of the arguments JudgfriDe Haven put the whole matteripver for three weeka AKE HER DESrjIONi ThrePfflaYerd withthe6u perlorCouir yesterday brtheiattofney for exander GaYnett charged with thi murdenof Major Wi McClungtb secure the issuance of a commission to take the deposition of Mrs XJlUe Hitchcock ColU witai is said ito be at the OrandHoteVParis France Tbe matter was continued until to morrow after nooa Great Interest Is being taken In the bi benefit entertainment whlcl isto be given Tuesday evenln at the Alhambra Theater under the auspices of the Alumni Association of iBtMary College It Is seldom that much fine professional talent Is secured for a benefit performance and it is remarkable in this instance for the reason that the eptertalnment Is to take place In the evening when all the theaters are open It is safe to Ire diet however that on that particular evening there will be no stronger attraction than the one at the Alllam bra An interesting feature of the affair Will be the reappearance of Mrs Theodore Bonnet on the stage after an absence of two years She was for merly Helen Merrill on of the most popular Tivoll prima donnas and later ofi the Frank Daniels and Stroller companies on Broadway New York She will contribute some vocai selections as wllL also Slgnor Abramoff the distinguished baritone Andrew Bojcart the arUstlc tenor who recently returned from New York where he won fame In the Rubens concerts and Sannle Kruger late of the 31 voll who will add a whlstUng stunt to her vocal number There will be instrumental selections by Nathan Landeberger the violinist and by the Tobln sisters of the vaudeville stage The comedy element is to be supplied by the stars of the burlestiue company soon to ap Dear at the Grand Opera house who were formerly at Fischers Barney Bernard will tell a few stories in his inimitable dialect Martin ONell an Irish comedian who has Just arrived from New York is down for a monologue and the crack German comedians Kolb and Dill will appear In a specialty with Flossie Hope and Gertie Emerson There will be a large sprinkling of society people at this entertainment which promises to be one of the most artistic that has been given In this city for a long time Reserved seats are on sale in the office of the Catholic Truth Society in the Flood building OFFERS PIERCE DIRECTORSHIP Oaklander Declines Place on Prison Board That Fitzgerald Is Anxious to Vacate The term of Prison Director Fltxgerald expired on January 12th last but Governor Pardee ha as yet arrived at no conclusion as to the appointment of a successor Fitzgerald has Importuned the chief executive on numerous occasions to make the appointment Inasmuch as the duties of the place are interfering seriously with his private justness He has talked to Pardee him self sent him messages but thus far the only reply has been a good natured direction to hold your horses Pardee regarded Fitzgerald as a good Prison Director and is not anxious to dispense with him until some of the knotty financial problems that have had to be contended with in the management of the penitentiaries are straightened out It is this hard work that the president of the Board wants to escape He has been a director for ten years and the office is without compensation There are various aspirants for the DirectorshlD and all have made cam gajgns with more or less energy State fhator Charles Belshaw of Contra 5sUa has been frequently mentioned for the tilace Solano county has a canul date in the person of Boyd Parker of Vacavllle who is being championed by LleutenanttOovernor Aiden Anderson Parkers father was once a member of the State Senate Charles Sohtag of San Francisco is also in the race A report is current that the Governor I has tendered the Directorship to Frank Webb Pierce of Oak and and that the honor was refused farflee is eaiq 10 be In hopes that Pierce will yet accept It is also rumored that If the Governor does not succeed in prevailing upon his Oakland friend that the appointment may go to Daniel Hays of 11111 Valley who has once before served oa the penitentiary directorate HOLDS BALLDTGER ON EMBEZZLEMENT CHAEGE staging Breaks and Painter Propfcomjh Palace i Hbtel wo Through the breaking of the stage on which six painters were lowering themselves from their work at the rear of the Palace Hotel yesterday afternoon the men were given a frightful fall of forty feet upon a cement sidewalk and two of them were veryserl ously injured The rrterj hurt vrerb Charles Bort of 708 Howard street foreman of the gang who sustained a fracture of the hip several lacerations and possible internal injuries and Cornelius Gundersoh of 83 Clementina street who had two ribs jon the Vlght sidefractured numerous wounds about the head and body and a probable fracture of the skull Gunder sons injuries are likely to prove fatal The escapes of the other four men oh the staging from death or serious injury were almost miraculous These men were John Cole of 343 Mission street Spencer of 909 Kearny street Joseph Jamison of 416 Turk street and Cr Peterson of 118 Sixth street All of them suffered from shock and minor bruises but none was injured sufficiently toneed surgical attention The accident appears to have been due to the carelessness of Foreman Bort In allowing six men on a scaffolding in capable pf holding them Three of the men Bort Peterson and Gunderson had been working en the stage which was hung at the cor ner of Jessie and Annie streets The other three men were standing on the first floor fire escape of the hotel to dd their work When the painting of a section was completed the men were all ordered to go down to the street and Foreman Bort told the men on the Are escape that they could be lowered on the staging Painter Peterson who was on the staging objected to this and complained that the load would be too heavy for the stage which was only a light ladder covered by a board and strung from the top of the hotel by three ropes Bort paid no attention to the protest and told the men on the fire escape to get aboanj They did so and the crew on the stage began to lower themselves They had gone only about two feet when the rope supporting the middle of the staging broke and left the center with no support The strain ofthe weight of six men then proved too much for the ladder and it broke in two in the middle Bort and Gunderson who were seated in the mlddie were suddenly precipitated to the side walk and the other men fell after them The latter however were able to seize the side ropes with which they lowered as they fell and their falls were broken In addition they feU on the board and ladder which crashed down with them and did not strike on the cement walk It was this which saved them from serious injury For several days the men have been working on the rear of the Palace Hotel and if the accident had happened a day sooner all of the painters would have fallen a distance of seven stories instead at one The men were employed by John Quad a contracting painter in the St Nicholas building Some of the painters claim the ropes on the stage were old and In poor condition WHERE PETROLEUM INDUSTRY STANDS Dr Deane secretary of the California Petroleum Miners Association has carefully prepared the following statement showing the num ber of productive wells in each of the oil bearing districts in the State and the volume of their output during the year 103 Producing Production DISTRICT Wells Bbls Fullerton 38 250000 Puente 80 100000 Whittlcr 103 50000 Los Angeles 98 900000 Newhall and Ventura 225 900000 Sumraerland 190 100000 Santa Maria 24 1000000 Kern River 750 15760000 Sunset and Midway 120 230000 McKlttrlck 76 1700000 Coallnga US 2600000 Sargenta 4 1000 Half moon Bay 1009 Totals 2014 23602000 --Spring ancl Sunrmei Waists Tfci 3 weak we wlt show avnumber ifi entirelyierneiiela rriade pf plalnhgee cfilffon cloth Ffench linens mj y6yeJephyrs fancy nets and Jingerle Special for Monday Only 8300 mistvfbrl63 The accornpanyjng iilluatratlpn Is of a waist macie Jrur porKH roem the materlat Jsafasfcclor ifmporferi cotton Japanese crepe In dol6ringsof tan spliaVwhltsllgHt blue rose white pdudsvrfUicol bred stripes arid caired jpodf withf Jhe 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for Monday only vJJB vJ VF WET lk ML Viwi Captain Oforae Ballicger of the Pirst California Volunteers was held by Police Judge Cabaniss yesterday In J2S00 bonds to answer the charge of felony embezzlement It is alleged that while employed as cashier for the California Art Glass Rending and Cutting Works on February 11 1903 he embezzled 392 from his employers Marine Ere Beniedy cures eyes mikes weak tjrn stroni doesnt smart soothes eye pala BEEAKS WINDOW AND HAS LAME EXPLANATION John Aavery was sent to the County Jail for thirty days by Police Judge Megan yesterday for malicious mischief He went to the lodging house of Mrs Agapita Iopez at 617 Second street at i30 oclock last night ard broke in two doors and a window saying yesterday that it was because he was drunk Vacation 1004 Th Resort book of tbs Iaclflc Cojit It now blug distributed by the California Northwet era Railway and contains orar 150 pases of detailed Information gardlng aelMt eamplnc spots aneral spring ranorts prirate 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ALEXANDRA fC lIAnONDSi0 Iv wJfirfitijfJfjflr No 45 7S0 KABWirlnT Saa Tranciaeo Cad Alexandra Diamonds 500 MAILORDERS Send express or post eOee money order Xnj article ordered j1 mall may exchaBged itdeire4 within sday ItiVO WIN 4 A prepared flour for Bosiotf Brown Brifiid grfdte cakes muffina and fruit puddings Ask your fTOcers for AUEnB iaFKHJaCO 8an Jose QtL 1iVrt ri rl Are iny obthlng aad reetf nl Do they relteVe the train bloriiac and tirtiiorU eyeal If sou aae lieo uaycriei antuepuc tti Wlpera licU for i5c Uerman Eyewater makea weak eyes strong Bora tye well Beata tired eea By mall 62c X1EO ilAYEELE German Expert OpUcIaa 1071 UABKEI BT 1 1 Ready to wear Misses and Womens Garmerits This department is complete with the newest and most exclusive springland summer creations Some are imported from theforembst manufacturers and others are made In our own workrooms The materials used are the most fashionable rarely two garments alike each possessing a dls tlnctive and fascinating 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