The San Francisco Call and Post from San Francisco, California • Page 5

EMMA HERBER'S STARTLING STORY TOLD TO THE POLICE DESCRIBES HER STRANGE CUSTOMER Woman of Mrs. Botkin's Appearance Bought Candy July 31. CAUTION TO SALESWOMAN. State Chemist of Delaware and Physicians Become Witnesses for the Defense. Another fact of strange circumstantial import has been added by the police to the evidence that they are collecting In their effort to prove Mrs.

Cordelia Botkin the murderess of Mrs. Dunning: and Mrs. Deane. When Miss Emma Herber. the pretty clerk of George Haas, first told of the mysterious woman who bought a box of candy the young lady did not tell the whole story.

The memory of Miss Herber is better than she knew, and last night she added a new and startling chapter to her recital. She was summoned before the Chief of Police and to him made a sworn statement that sooner or later will find Its way into a court of justice. BClsa Herber declares that on Sunday afternoon, July 31, between 3:30 o'clock and 4:30 o'clock, a short, stout, full-faced woman entered the Market-street candy store and asked for a box of candy. The woman said she was In a hurry and acted so. Miss Herber noticed that the customer spoke with an English accent.

The customer said she wanted a special box of candy or unmarked box that she wished to send to some friends. She was particular to ask that only chocolate candies be placed in the box and asked Miss Herber not to fill it, as she intended to place in it another present. The woman's wishes were observed. Miss Herber took a special, unmarked box and filled it as Instructed. The young lady was shown the box of poisoned candy that was sent to Dover.

She looked, at it a moment and then said that it was similar to the one she had sold to her customer on me afternoon of July 31. Then the Chief of Police asked her to describe the paper in which the box was wrapped. Miss Herber did so and identified the wrapper on the deathdealing candies as similar to that which she had used. Beyond this Miss Herber knew nothing and after swearing to her statement she was excused. Her description of the box of candy and the wrapper are dangerously close to the box of poisoned candies.

Her characterization of the mysterious woman who made the purchase is in a general way that of Mrs. Cordelia Botkin. Her explanation of the purpose of the purchase fits that which subsequent events proved was the plan and subterfuge of the murderess. Yet Miss Herber has never seen the strange woman that bought the candy since the incident of the afternoon of July 31. She says she does not know Mrs.

Botkin. and is not in a position to say that she will be able to Identify her as the purchaser of the box of candy. The young lady will be given an opportunity to do so, however, perhaps to-day, as the, accused woman will appear In court before Judge Cook this morning. Another vital and perhaps the most critical piece of evidence that will be used in the trial of Mrs. Cordelia Botkin has been discovered.

It is revealed in the testimony regarding the character of the poison used in the death-laden confections that were sent to the unfortunate women of Dover. The Tall received last night from Delaware the first definite and authentic report of the official analyses of the poisoned candy, made after the. death of Mrs. Dunning and Mrs. iJeane.

This testimony is given by the State Chemist of Delaware and by the two physicians who attended the unfortunate women in their illnoss and death. The importance of this evidence cannot be underestimated, as it is probable that every issue of the trial of Mrs. Botkin will revolve around it. It will matter little whether the woman be tried in this State or in Delaware. will have to explain satisfactorily her purchase of arsenic, and to defend herself against the natural suspicion that arises from that purchase.

It is not imiu-obablo that the life or death of Mrs. Botkin will depend upon the testimony of the expert witnesses. It should be remembered that the only direct incriminating evidence against the woman is her purchase of two ounces of arsenic at the Owl Drug Store on June 1. She frankly admits that bought the poison and tells why. She was not alone when she bought the drug and others, she insists, saw her use it for the purpose she had designated to the clejk.

Two months after, and a few days before the poisoned candy was sent on its mission of death, Mrs. Botkin talked earnestly, eagerly and mysteriously about the use and effrct of arsenic as an agent of death. These facts of apparent guilt are of great circumstantial importance and the defense admits must be answered, particularly when they are viewed In conjunction with the woman's relations to Dunning. The detectives of this city have, it seems, fortunately for Mrs. Botkin, established too much.

Had they rested when they discovered the fact that the woman had bought arsenic the conclusion would be a crushing one to the defense. But police also proved the fact that the arsenic sold to Mrs. Botkin was powdered and not crystallized, a most vital distinction in the case. There can be no mistake in the matter as Frank S. Grey, the clerk who sold the poison, is positive.

The arsenic bought Jiy Mrs. Botkin was the commercial, adulterated powder. The State Chemist of Delaware and the two physicians who attended Mrs. Dunning and Mrs. Deane i.re equally positive that the poison which brought death to the two vomen was crystallized and not powdeicd or pulverised arsenic.

These experts could not have introduced a more vital piece of evidence had they declared that the poison was not arsenic. The difference between powdered Jirsenlc and crystallized arsenic is antipodal. One cannot be transformed Into the other without agents that are not common to people who have no practical knowledge of chemistry. In giving this important testimony the Delaware witnesses nre particular to explain their reasons. They tell their results of the analysis of the candy and show with a clearness satisfactory to themselves that crystals and not powders were used.

The candy has not since been analyzed and the statements of the Delaware experts must be accepted as final. This new revelation in the case, made practically by the prosecution Itself, will THE POLICE THEORY OF A HORRIFYING CRIME. have a bearing that cannot be overshadowed by any other feature of the case. The authorities are now forced, It would seem, to show how a most unusual transformation in a poison may be made, or to show where Mrs. Botkin bought crystal- Used arsenic.

The question of extradition is daily becoming more complicated. The defense, as a matter of course, will fight to the end any attempt to send Mrs. Botkin to Delaware. The prosecution has given a new reason why the woman should not be triod in this State. The complications that have arisen In the case have never been determined in California, and the authorities are concerned for future contingencies as well as the present.

Chief of Police declared yesterday that if it were possible he would ask the defense to agree to the extradition of the woman by the Governor and then contest her removal from the State In any tribunal of justice that might be chosen. Unless this is done the Chief insists that Mrs. Botkin cannot be tried for the crime of which she is accused. The argument by which this conclusion is reached is interesting. If Governor Budd refuses to extradite Mrs.

Botkin, two courses of action remain for the authorities. There is a possibility that the action of the chief executive may be reviewed by the courts. State or Federal. No one is willing at present to say that such a review would be legal, but there is a disposition on the part of the authorities to test the question. If this avenue out of the legal maze Is closed and tho woman must be tried for murder in this State another difficulty will present itself.

If the woman were acquitted the question would never become of practical interest. If she were convicted the defense would appeal to the State Supreme Court, and, falling there, to the Federal courts. One of the grounds for appeal would unquestionably be that California had no jurisdiction and could not legally try the woman for murder, as the effective element of the crime was in Delaware and not in California. If the appellate court should decide in favor of the defense on this point Mrs. Botkin could never again be tried for murder.

The California courts, having no jurisdiction, could not act and. it is claimed, that the tribunals of Delaware would be powerless to move, since Mrs. Botkin had been once in jeopardy of her life. The point is certainly an interesting one, and will be fully argued before Governor Budd when the matter is presented to him. The police expect to be ready on Wednesday or Thursday to present the entire case, as they have it, to the Chief Executive.

The Chief of Police and his subordinates were busy yesterday preparing the affidavits that represent the California THE CALL GIVES THE NEWS FIRST. The Call gave another illustration yesterday of the superiority of its news service over that of other morning papers. In the tragic story in which Mrs. Cordelia Botkin is now the central figure the overshadowing element of news was contained in Mrs. Botkin's admission that on June 1 she had purchased arsenic at a local drug store.

The Call published this vital fact while its contemporaries concerned themselves with speculation to determine whether or not the drug clerk would bz able to identify j.a.rs. Botkin as Mrs. Bothin. The developments of yesterday make the admission of Mrs. Botkin the most important testimony in the mysterious murders of which she is accused and for which she will be tried for her life.

THE SAN FRANCISCO CALL, TUESDAY, SEPTEMBER 6, 1898. CRYSTALLIZED ARSENIC WAS IN THE CANDIES. DOVER. Sept. So far as is known the arsenic the candy which poisoned Mrs.

Deane and Urs. Dunning was in lumps, although it may have contained poison in crystallized form. State Chemist L. R. Wolfe, who made the ofiicial analysis, states that he found lumps as large as peas, which have been preserved.

He is of the opinion that some of the candy was contaminated throughout by arsenic. Dr. Bishop, who attended both women and also examined the candy, found lumps and believes that the poison was put in the candy in that form. Dr. Downes ti who was the consulting physician, agrees with Dr.

Bishop. Miss Josephine Baleman, who ate some' of the candy, afterward picked lumps of arsenic from her teeth and extracted one good-sized lump which had become imbedded In her mouth. Those who are familiar with the candy believe arsenic in lump form was used, although a local authority on the subject says the drug may have been crystallized first, and afterward mixed with some chemical to make it solid and convenient to There is no question that the arsenic discovered In the candy was crystallized and not pulverized. 4- phase of the prosecution. Mrs.

Rauof, Frank S. and the others who have supplied shreds and patches of evidence were sumjnoned to police headquarters and made sworn statements. This testimony will be presented with that sent from Delaware with the application for extradition. In the meantime two legal proceedings must be considered in court. The application of the defense for a writ of habeas corpus will be called this morning by Superior Judge Carroll Cook and will be continued.

It would obviously be a waste of energy to argue the case at present, as the woman would be immediately rearrested even if Judge Cook rendered a decision favorable to the defense. The matter will be postponed, therefore, until after the extradition proceedings take place before Judge Cook. The Police Court investigation has been set for to-morrow morning before Judge Joachimsen. It also will be evaded as far as any definite Issue is concerned. Neither the District Attorney nor the Chief of Police wishes to commit himself to a position of prosecutor in this proceeding.

Under the theory of the prosecution the authorities are simply holding Mrs. Botkin in custody until the issue of extradition has been determined. The charge of murder has been made at the request of the Delaware officers and not with a purpose of committing this State to a prosecution of the woman Delay will consequently mark the policy of Chief of Police Lees and the District Attorney. If. however, Judge Joachimsen should decide, as it is claimed he has power to do, that this State has jurisdiction in the case, a new and dangerous complication would be interjected.

The police and not Mrs. Botkin's attorneys would then be on the defensive. These conflicting legal possibilities have excited a national interest, as they are novelties in the history of American crime. Every effort will be made therefore to define the law of jurisdiction of California, even if the fight must be carried to the Supreme Court of the United States. The local authorities are acting now with a very clear realization that their hasty action of last week has caused them a great deal of trouble and almost involved them in the commission of fatal blunders.

When the tragic case was brought to the attention of the local Grand Jury. Chief of Police Lees had no other purpose than to use the official inquisition as a drag net to force reluctant witnesses to appear and tell under oath all they knew. It was Impossible ostensibly to use the Grand Jury for this purpose, and the authorities were willing at what they believed to be a minor sacrifice, to accept an indictment for sending poisoned confections through the mails. Even such an indictment, however, would commit Mrs. Botkin to a trial in this State, the very result the police do not want.

The proceedings before the Grand Jury, therefore, will be dropped and the drag net will be cast in other waters. TAKING AFFIDAVITS OF THE WITNESSES Chief Lees is, as rapidly as possible, reducing to affidavits the testimony of the California witnesses in the case against Mrs. Cordelia Botkln so that the requisition papers may soon be presented to Governor Budd with the necessary evidence to support the request they contain. From noon yesterday until late last evening Assistant District Attorney Hosmer plied his numerous witnesses, and by noon to-day it is expected that all of the evidence so far adduced by the prosecution will be la presentable shape. Chief Lees expects to have his case before Governor Build by the time the executive will have finished the business which brings him to town.

Of the witnesses Mrs. Rauof, Mrs. Botkin's one-time friend and nurse, was the first to arrive. She was Immediately ushered into room 6, the official conning tower, and the reduction of her evidence to script consumed a full two hours. Frank S.

Grey of the Owl Drug Company followed, and he was closely questioned not alone as to the circumstances surrounding Mrs. Botkin's purchase of powdered arsenic, but also with regard to his previous acquaintance with the accused woman. George Haas, the confectioner, to whose store the fatal box has been traced, was brought in, but his only testimony was regarding his recognition of both box and candy as the output of his establishment. The depositions of Mrs. Seeley, Miss Lizzie Livernash, Detectives Gibson and McVey, the employes of the City of Paris and the shopping companions of Mrs.

Botkin remain to be taken. It is expected that W. A. Botkin, the husband of the defendant, will be called upon by the prosecution to tell of the alleged sickness of wife, during her stay in Stockton previous to arrest. Botkin spent the morning with his wife.

Miss Dora Brown and Detective Gibson were also morning visitors. In the evening Attorney and Mrs. Frank Mc- Gowan came in for an hour upon unofficial business. Grey Sees Mrs. Botkin.

After 1 o'clock this morning Frank S. Grey, the clerk in the Owl Drug Store who sold arsenic to Mrs. Botkin, was taken to the City Prison to identify the accused woman. The proceeding was purely a formality in connection with the extradition application. It was unnecessary, as The Call published exclusively yesterday the fact that Mrs.

Botkin admitted the purchase. The clerk was able to identify the woman. MONSTER BAND WILL PLAY AT THE FAIR The Irish Fair has entered upon its last week, and the management is satisfied that it will be a financial as well as a social success. Since it opened manager L. Buckley and Assistant Manager Charles B.

Tldball have been unremitting in their attention to the various interests of the big exposition. As the end draws near special efforts are being made to present as many and as varied forms of entertainment as possible, and there is no doubt that they will succeed. For several days Bandmaster George W. Bennett, who has done such excellent work with his musicians, has had in preparation one of the most unique musical treats that has ever been presented in this city. He has completed arrangements with the leaders of the Fifty-first lowa, Twentieth Kansas, First Tennessee and Seventh and Eighth California regimental bands and the bands of the League of the Cross Cadets, St.

Vincent Cadets, three drum corps and thirty buglers to perform at the fair this evening. Yesterday was designated as "Labor Day" and "Leinster Province Day," and the attendance was as good as at any time. There were extra dancing features by the pupils of several of the dancing teachers, which was highly appreciated. The St. Vincent's Convent Guards came down from Vallejo on one of the early boats and spent the afternoon among the various attractions.

About GdG children of St. Patrick's School, and their teachers were also present. FATHER YORKE GOING TO IRELAND. His Health Failing and He Leaves for a Long and Much Needed Rest, As soon as he can finish up the work he is at present engaged In Rev. Peter C.

Torke, chancellor of the diocese, will leave this country for a long and much-needed rest. During the past few years Father pltal and at once picked up the thread of his work, even trying to do a little more than usual, If possible, to make up for lost time. His physician advised him to leave off a little, but he laughingly called attention to his robust frame and scouted the very Idea of taking a holiday. His physician, seeing that neither threats nor coaxing had any effect, gained the ear of friends of the young priest, who finally persuaded him to take a trip to Ireland. It has not been decided when he will start but preparations are already being made.

BRINGS A LOAD OF GOLD DUST Steamer Portland Arrives From Alaska. The steamer Portland from St. Michael reached port late last night with nearly two tons of gold belonging to the Bank of Commerce at Davvson, the Alaska Commercial Company and twelve of the 240 passengers who came down on the vessel. Charles Anderson, pioneer of the gold fields, who is perhaps the most wealthy miner in Dawson City, brings with him dust and nuggets valued at from $60,000 to $90,000. Anderson was the virtual discoverer of El Dorado Creek, but did only fairly well until recently, when he met with a wonderful piece of good fortune.

During a spree he was induced to buy No. 29 on El Dorado for $800. When he awoke in the morning after his good time and discovered a bill of sale for the claim he felt that he had been virtually robbed and attempted to secure his money from the men who had sold him the property, which he thoueht valueless. His efforts to recover his $800 proving of no avail he began prospecting to see Just how badly he had been bunkoed. To his surprise he panned out gold by the bucketful and it is estimated that nearly $300,000 has been taken out of the despised claim.

The original owners learned of the value of the property which they had been so ready to dispose of at a low figure and sought to get it back from Anderson, but received the laugh which they had given the lucky Anderson at the time he had beien induced to purchase the claim. A partner of Anderson, John Lee, also came down on the steamer. He owns a goodly share of the treasure aboard. Just before the two men left Dawson they purchased a half interest in claim No. 30 on the El Dorado.

For this interest they are said to have paid Ed Nelson, William Young and Charles Lamb are three other successful miners from the Minook and El Dorado districts. They, with Anderson and Lee, are about the only ones on the vessel having much gold, but besides them six or seven other passengers have perhaps $60,000 divided among them. About one hundred of the passengers are laborers and carpenters who have been working in Alaska. It is claimed by the miners that there are about forty good claims around Dawson, and the others hardly pay the working. Minook, El Dorado and nearly all the creeks are overrated.

Circle City works steadily and good strikes are being made near. there. The great rush at present is to Kowukuk. which is about 150 miles from Fort Hamlin. The river boats are not very likely to get up even as far as Circle City.

The miners say that of the thirty which have started up at least twenty are already frozen in, and it is doubtful if the remaining ten will be able to get farther than the rapids. Edward O'Brien, watchman on the Leah, was washed overboard near the Russian mission and his body was not recovered. He formerly lived in San Francisco. Andrew Wilson, a sealer on the Louisa, fell overboard am? was drowned while loading coal at the Holy Cross Mission. Yorke has undertaken and successfully carried out a stupendous amount of work his capacity for work seemed marvelous and everything he put his hand to has prospered, but the long strain has told on his system, and his friends, fearing a complete break- Ing down, have finally prevailed on him to drop everything and forget the world at least for a year.

Ills physicians have time and again advised him to take a rest, but he is a man who ieels that work is a part of his life, and each day must see something accomplished, so he has continued at the imminent risk of ruining his health for life. The first signs of failing health were noticed a few weeks ago when he was attacked with pains In the arms and shoulders. The doctors called It rheumatism and sent him to St. Mary's Hospital. Even there, however, he could not reconcile himself to a life of idleness, and did such work as was possible without leaving his room.

Three weeks ago he left the hos- TOOK A SHOT AT HER BETRAYER Evelyn Holt Gets Revenge for Wrongs. Evelyn Holt, a petite and prepossessing brunette, revenged herself for numerous slights and insults last night by shooting Charles Fecker, a former lover, in the left shoulder, inflicting a painful but not dangerous wound. The shooting occurred on Jones street near Ellis, about 8 o'clock last evening. Fecker, In company with his wife, was walking along Jones street when young woman came behind him and fired a bullet into his body. Feckei attempted to grab her, but only succeeded in snatching her cape, which she allowed to slip from her shoulders.

The wounded man left his wife standing and rushed up the street in search of a physician. The would-be murderess ran into a nearby lodging-house and into a room where three men were sitting. She excitedly told them what she had done and asked whether there was another exit. On being told there was none she called for pencil and paper and calmly wrote a note to the police, notifying them where she could be found. One of the men then took the note and delivered it to Officers J.

D. McLane and G. de Blols, who were attracted to the scene by the shot, and they took her to the City Prison. She was placed behind Desk Sergeant Brown's desk until Fecker could be found to lodge a formal charge against her. At the request of the officers he charged her with attempted murder.

Fecker is a tall, smooth shaven man and his face was naturally pale from the effects of the physician's probe which was used to locate the bullet. The first warning he had of her presence last night was a shot and a sudden sting In the back. He claimed to hava been on the operating table, for two hours, during which an attempt was made to find the bullet with pour success. The prisoner told a sad story of illusage on the part of Fecker and the reasons that led to her shooting him, with great frankness. "I don't regret shooting him," she said, "because if ever a man deserved it he did.

I am sorry 1 did sot kill him, because that was my intention. "I had written him earlier in the day to come and see me and return the money he had swindled me out of. He refused to do so and treated me so wretchedly that I went down town to-day and bought a pistol and went out looking for him. Ha was walking down Jones street when he saw me. said something to his wife and they both laughed.

Fecker then turned around and tossed his head in a way that angered me. He did this a second time and not being far behind I hurried forward and as he turned to his wife I shot him. He turned and grabbed my cape. I ran away because I afraid 1 would be taken to prison in tha patrol wagon. "I had been living with him at 406 Geary street for over a year and a half.

He always told me that he wanted to marry a wealthy woman and get her money and then go East with me and live happily. I always wanted him to marry me, but that was the only reply he would give me. On June 24 he persuaded me to go to Los Angeles, and a half-hour after I left ho got out a license and married Anber Cannon, a woman whom he met at the Pacific Matrimonial Bureau Agency and whom he believed to have money. While I wa3 In Los Angeles he wrote me nearly twenty letters, telling me that when he got his wife's money he would take me East. "On my return from Los Angeles he hired a room for me at 22S Powell street.

He would visit me and make all kinds of promises. Knowing his reputation and not believing him, I demanded that he return my money that I loaned him. He always put me off and then stopped coming. I then called at his office, but he would never see me. I then told his wife that he must come and settle with me, otherwise I would kill him" Fecker received unenviable notoriety by his connection with a matrimonial bureau.

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