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The Dover poisoned candy murders

April 11th, 2013 No comments
Elizabeth Dunning

Murder victim Elizabeth Dunning, from an illustration in the San Francisco Call

One evening in August 1898 in Dover, Delaware, the family of ex-congressman John B. Penington sat together on the porch of their house on the Dover Green. Mr. and Mrs. Penington, their son, two adult daughters and their grandchildren were relaxing after dinner. Two neighbors stopped by to say hello. One of the daughters, Elizabeth Dunning, had received a box of chocolates in the mail earlier that day, and she passed the candy around for her family and friends to enjoy. Later that night, everyone who had eaten the candy got sick. Elizabeth Dunning and her sister, Ida Deane, had eaten more candy than the others. Within a few days, both women were dead. Food poisoning was originally suspected, but tests on the candy proved it had been laced with arsenic.

The candy had been sent with no return address but a San Francisco postmark. Included in the box was a handkerchief and a note that read “With love to yourself and baby, love, Mrs. C.” When informed of his wife Elizabeth’s death, her husband John P. Dunning, immediately suspected his mistress, Cordelia Botkin.

John P. Dunning

Photo from “The Staff Correspondent”

Born in Delaware, John P. Dunning studied to be an attorney, but the staid life of a provincial Dover lawyer wasn’t for him. He became a foreign correspondent for the Associated Press, traveling the world to cover stories of war and natural disaster. In 1889 he was sent to Samoa to cover the growing tension there between Germany and the United States. Dunning arrived in time to witness the destruction of the fleets sent by the two countries in a terrible cyclone. His story was sent by the AP to newspapers around the world, including the New York Times.  His coverage of the cyclone and courage in rescuing victims of the disaster made him a well-known reporter.

Dunning and his wife Elizabeth had a daughter and moved to San Francisco, where Dunning worked for the Associated Press. At some point, Elizabeth and John separated, Elizabeth and her daughter moving back to Dover to live with her parents. Dunning stayed in San Francisco, where he began an affair with Cordelia Botkin. Botkin was also married and separated from her husband.

cordelia botkin

Cordelia Botkin, illustration from the San Francisco Call

At the outbreak of the Spanish American War in 1898, Dunning was sent by the Associated Press to Cuba to cover the war, where he covered the exploits of Teddy Roosevelt’s Rough Riders. Before he left, he told Cordelia that after the war he’d be going home to his wife in Delaware. Not long afterward, his wife and her sister were dead.

Cordelia Botkin was soon arrested and charged with the murder of Elizabeth Dunning. Her trial was a huge sensation, with front page coverage in newspapers all over the country. The case had everything needed for a sensational story: adultery, prominent people, the clash between small town values and big city sophistication, and a murder committed by the latest technology, poison by mail.

Cordelia Botkin steadfastly maintained her innocence and hired some of the finest lawyers in San Francisco, but she was found guilty of murder in December 1898. In 1901 her conviction was overturned (People v. Botkin, 132 Cal. 231, 64 P. 286 (1901)) because of improper jury instructions. She was tried and convicted again in 1904 and sentenced to life in prison. She appealed again but this time her conviction was upheld People v. Botkin, 9 Cal. App. 244, 98 P. 861 (1908). She died in San Quentin prison in 1910. John Dunning preceded her in death, dying in Philadelphia in 1907 at the age of 44.

Sources:

John R. Alstadt, Jr. With Love to Yourself and Baby. Dorrance, 2001.

Charles Sanford Diehl. The Staff Correspondent. Clegg Co., 1931.

Thomas S. Duke. Celebrated Criminal Cases of America. J.H. Barry, 1910.

The San Francisco Call‘s extensive coverage of the trial is available at the California Digital Newspaper Collection.

 

National Poetry Month

April 4th, 2013 No comments

April is National Poetry Month. The law and poetry have more in common than you might think, maybe because lawyers have to be good writers. A few Widener faculty have published articles about poetry and the law. Mary Kate Kearney of the Harrisburg campus has written The Propriety of Poetry in Judicial Opinions, about the use of poetry by judges in their opinions. Another Harrisburg faculty member, Randy Lee, has written an article about Bruce Springsteen, Bruce Springsteen’s Hope and the Lawyer as Poet Advocate.

On the Delaware campus, Alan Garfield once published a humorous poem about Sherwood v. Walker, the famous contract case about a cow. For some reason, Sherwood v. Walker seems to spark the muse in many lawyers because there are a lot of poems inspired by that case. And even a song:

Categories: Delaware, Miscellaneous Tags: ,

Spring break library hours

February 28th, 2013 No comments

It’s hard to believe that next week is spring break. It still seems like winter to me! The law library will be open during spring break but our hours will be shortened.

  • Friday, March 1:           8 AM to 9 PM
  • Saturday, March 2:     8 AM to 5 PM
  • Sunday, March 3:        12 PM to 5 PM
  • Monday to Thursday, March 4 – 7:      8 AM to 9 PM
  • Friday, March 8:           8 AM to 6 PM
  • Saturday, March 9:       9 AM to 5 PM
  • Sunday, March 10:        12 PM to 10 PM

Normal hours will resume on Monday, March 11. For complete library hours see our website.

 

Open States provides access to state legislation

February 21st, 2013 No comments

open states logoThe Sunlight Foundation has created Open States, a website that tracks legislative information for all 50 states. This information has been available from state websites but it isn’t always easy to use. Open States gathers all the information with one easy to use interface. You can track bills, check your legislator’s voting record, even click on a map to find out who your state legislators are. Having just tried to do the same thing on the state of Delaware’s voting district maps, Open States definitely has an easier map interface.

The Delaware coverage includes bills and even includes the synopsis note for those of you doing legislative history. Unfortunately right now the coverage only goes back 2 years. Open States also has a handy iPhone/iPad app that lets you access your state legislature on the go.

Online legal research: Bloomberg Law

February 18th, 2013 No comments

Along with Lexis and Westlaw, Widener Law Library now also has access to new competitor Bloomberg Law. Bloomberg Law provides access to statutes, case law and administrative law, as well as legal news. It also includes access to federal and selected state court dockets plus Bloomberg’s famous business information. Widener students can sign up for Bloomberg here or clicking on “Law Schools” on the Bloomberg Law web page. Be sure to use your Widener email address when you register.

Online legal research: HeinOnline

February 11th, 2013 No comments

HeinOnline is another great online research source available to you through the Widener Law Library webpage. You may have used HeinOnline to access law review articles but it has a lot more to offer. It’s particularly good for historic research because it has all state and federal session laws, Federal Registers, Code of Federal Regulations, Restatements of the Law and much more. They also have a nice app for iPhone and iPad that makes it easy to read law reviews on your iPad.

Delaware weird laws are local

January 8th, 2013 No comments

Rehoboth Beach boardwalk 1931. Someone might be disrobing behind a beach chair.

This is going to be my last post on weird laws of Delaware. I hope you’ve enjoyed reading them as much as I enjoyed researching them. Today I’m going to look at a number of weird laws on disparate subjects that all have one thing in common. See if you can figure out what it is.

In Rehoboth Beach, Delaware:

No person shall change clothes in his or her vehicle.

status: mostly true [It’s only illegal if your car is in a public place. Feel free to change in your garage.]

§ 198-14. Disrobing in public. No person shall disrobe under the boardwalk, on the beach or in any vehicle while such vehicle is parked upon any public street or way or other public place in plain view of the public.

One may not whisper in church.

status: mostly true [It’s only illegal if you are disrupting or disturbing the congregation. If the congregation wants to have an all whispered service they can go ahead.]

§ 198-23. Disturbing religious worship and lawful assemblies. A. No person shall disrupt or disturb any congregation or assembly met for religious worship by noise, talking or whispering, or by rude or indecent behavior, or by profane language within their place of worship, or within 300 feet of the place of worship.

No person shall pretend to sleep on a bench on the boardwalk.

status: true [This is a perfectly normal law for a beach town, except for the “pretending” to sleep clause. I guess the local judges got tired of people using the “I wasn’t really asleep” defense.]

§ 198-30. Sleeping on boardwalk. No person shall sleep, lie or occupy as a sleeping quarter, or under the guise of pretending to sleep on the boardwalk, any bench located on the boardwalk in any pavilion located at the end of any street or on any bench located on any street.

Changing into or out of a bathing suit in a public restroom is prohibited.

status: true

§ 198-15. Changing clothes in comfort station prohibited. No person shall change his clothing from bathing suit to street clothes or otherwise within the comfort stations maintained by the City.

Six-year-old girls may not run around without being fully clothed.

status: true [But this is a deliberately obtuse reading of the law. Obviously 60 year old women are equally prohibited from topless bathing.]

§ 198-13. Topless bathing suits prohibited. No female over the age of five years shall wear a topless bathing suit or otherwise fail to cover her breasts with less than a full opaque covering of any portion thereof below the upper portion of the nipple.

Alcohol may not be served in nightclubs if dancing is occurring on the premises at the same time.

status: true [Actually nightclubs that allow dancing may not serve alcohol at all, no matter when the dancing is occurring.]

§ 134-13. Alcoholic beverages prohibited. No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of any dance hall establishment.

In Lewes, Delaware:

It is illegal to wear pants that are “firm fitting” around the waist

status: not true [This is one of the most commonly cited weird Delaware laws on the internet. It is definitely not in the current Lewes code of ordinances. It is possible it used to be a law but I can't check because we don’t have older city ordinance for Lewes in our library.]

Did you figure out what they all have in common? They are all local laws, municipal ordinances that have been passed by a town or city in Delaware. Many of the laws cited on weird laws websites are often local laws. Laws passed to deal with local problems do often seem strange when taken out of their local context. For instance, many of the laws from Rehoboth Beach were probably passed to deal with the problems of a beach town, by trying to discourage nightclubs, stop day trippers from changing out of their bathing suits on residential streets, and keep drunk college students from sleeping on the boardwalk. Many beach towns have similar laws.

Legal research classes don’t spend much, if any time teaching how to research local laws, but these laws can greatly affect your clients’ everyday lives, so it’s worthwhile taking the time to learn how to find them. The internet has made researching local laws easier than it used to be. Many cities and towns have their municipal codes available on their website. There are also two companies that specialize in creating municipal codes, Municipal Code Company and General Code and many local codes can be found free on their websites. For more information on researching local laws, I’d recommend reading this excellent article by Mary Whisner of the University of Washington.

Photo credit: Delaware Public Archives. Board of Agriculture Glass Negative Collection.
http://cdm15323.contentdm.oclc.org/u?/p15323coll6,6621

For more information on local laws see: Mary Whisner. Enact Locally. 102 Law Library Journal 497 (2010)

Welcome back!

January 7th, 2013 No comments

We hope you enjoyed your holidays. The law library is back on its regular hours:

  • Monday to Thursday: 8:00 AM to Midnight
  • Friday: 8:00 AM to 11:00 PM
  • Saturday: 8:00 AM to 10:00 PM
  • Sunday: 10:00 AM to Midnight

Library closed for the holidays

December 20th, 2012 No comments

The Widener law library will be closed December 22nd to January 1st. Enjoy your holidays and we’ll see you next year!

Here are our complete semester break hours.

  • December 21st 8 AM to 6 PM
  • December 22nd – January 1st CLOSED
  • January 2nd – 3rd 8 AM to 8 PM
  • January 4th 8 AM to 6 PM
  • January 5th 9 AM to 5 PM
  • January 6th 12 PM to 10 PM

New book by Widener’s John Culhane

December 17th, 2012 No comments

A new book by Widener’s John G. Culhane is now available in the law library.  Same-Sex Legal Kit for Dummies, co-authored with Carrie Stone was published this month by Wiley.

Categories: Delaware, new books Tags: ,