The San Francisco call., 1905-04-14
sen lTElCES
v WEBER To
Be HANGED


AUBURN. April 13.-Judge Prewett
to-day denied the motion for a new
trial in the case of Adolph Weber, con-
victed of. the murder of his mother,
and then sentenced the youthful pris-
oner to be hanged on June 30. Weber
appeared pale and nervous when he
heard bis doom. and made q feeble at
tempt to look unconcerned.
When the case was called this morn
ing Attorney Grove l.. johnson stated
that the defendant wished to make a
motion for a new trial on the ground
of errors committed during the trial
and that new evidence had been dis
covered which could not have been pre-
sented at the time of the trial.
NEW STORY OF PISTOL.
Johnson then read an affidavit made
by Nathan s. Beard, residence not
stated, to the effect that in May. 1904,
he was working for the Santa Fe road
at Needles and there met a man known
as The Sailor He bought from The
Sailor pistol, an old model. Iver
Johnson, 81 caliber, No. 1854. In Sep
tember 1904, he sold the pistol to man
employed in the repair shops in Oak
land, but he did not know his name.
When he read the evidence of Henry
Carr at the Weber trial that he sold the
pistol to AdolphWeber, he remembered
the number of his pistol. He commune
Gated with Weber's attorneys and came
to Auburn at their request. He was
shown the pistol identified by Carr as
sold by him to Weber and found it was
the same pistol sold by him to the Oak
land man in September
The affidavit of Edward Harrington
of 1899 stockton street, San Francisco,
was read 1t was TO the effect that on
.Julv 20 he bought from Henry Carr a
32-caliber old pattern Iver johnson pis-
tol. as he was going to the Santa Cruz
Mountains to camp. He went the next
day. He also bought some cartridges.
He wore at the time a suit of dark
clothes and a long, dark overcoat He
did not remember whether or not he
wore a soft or dark hat He remem-
bered the date because he went camp
ing on the 30th.
CORROBORATES HARRINGTON.
G. J. Applegate of 1920 Vallejo street
deposed that he was with Harrington
when Harrington bought the pistol
from Carr.
Affidavits by Weber were then read.
complaining that Attorney General
Webb had made no statement to his
counsel prior to the trial that Henry
Carr would be called to testify in re-
gard to the purchase of the pistol; also
that he, Weber, had no knowledge of
Beard, Harrington or Applegate at the
time of the trial. so that their evidence
could be given at that time.
Afidayits were read from three phy-
sicians to the effect that In their opin-
ion ii would have taken thirty minutes
to make the burns on the bodies de-
scribed at the trial. If petroleum had
been used the scent would have re-
mained for two days.
Attorney Tuttle then devoted an hour
to a statement of the alleged errors.
and Johnson argued on the motion for
a new trial. He was answered by At
torney General Webb, who contended
the affidayits were not strong enough
to influence the jury. Judge Prewett
then denied the motion.
SENTENCED TO BE HANGED.
weber turned pale when ordered to
stand up for sentence and refused to do
SO. asking, What for?" When Under
Sheriff May tapped him on the shoul-
der he stood up and Judge Prewett
pronounced lQe SeLicICe u QeaIQ. The
Sheriff was then directed to deliver
Weber into the custody of the Warden
at Folsom.
Attorney Tuttle then asked for a
modification OF the order so as to allow
Weber to stay In the Auburn jail pend
ing the perfecting of an appeal. and It
was granted. Thirty days time was
granted to prepare the statement.
During the afternoon statement wa.
made by Tutt1e that the agreement "a
settle the bank case was off, owing to
hitch in negotiations.