I 1 IS S 1 NOT A FUGITIVE I 1 judges in Frisco decide mrs botkins case WILL NOT BE E C there yet remains the tha question on whether or not mrs botkin can legally IMS be hold held for T trial rl a in S francisco upon the tha construction of the tha penal code judge cook will near hear argument no ITO final order was therefore made hade on the writ I 1 LIX law w Is detective defective I 1 san francisco oct 21 mrs cordella cordelia botkin w will ill not bo be extradited to the state ot of delaware it if all she Is to bo be tried tor for the tha murder of 0 mrs john P D dunning tho the trial will take place in this state such was tho the conclusion reached by superior judges cook wallace Sea ell find and borden upon the writ 0 of habeas corpus sued tor for by ithe mrs botkins bodkins attorneys the alie decision was rend cled today thero thera yet remains the question whether or not al mrs rs detkin can legally be held for trial here under section 27 of the penal code which gics among I 1 per persons ons liable to punishment under tho the I 1 laws 0 of this state all persons persona who commit in whole or in part tiny crime n athin this state stale upon the construction of 0 this section judge carroll cook alone will hear argument so no final order wai made on the tha writ today judge cook merely ordering a continuance until saturday I 1 with regard to the section named upon I 1 ile hll honors IIo nors decision will nill rest mrs botkins fate so tar far as a trial hero here Is concerned tho the live judges in holding that mrs dolkin cannot under the law be ex simply decide that the legislature has unfortunately ornit omitted ted to provide for such cases as that of sirs mrs dolkins botkins under the law as it now stands she oho Is not a fugitive from justice mrs mm bodkin having never set toot foot in the state of delaware nor Is there any way by which sho she can be extra iliad the judges say saly this error can bo be rectified reclined by an act of congress but until this la Is done the law must be held to be detective defective in this respect all parties interested were in court when the decision was given elven the opinion of the court was written by judge carroll cook and concurred in by all his judge cook road rand the decision which covered fifteen pages of typewritten type written matter