The San Francisco call., 1906-12-15
MURDERER PLEADS
NOT GUILTY
Siemsen, Gaspipe Assassin,
Formally Denies That He
Killed japanese Banker
COUNSEL FOR DABNER

John Siemsen. gaspipe murderer
pleaded not guilty yesterday in Judge
Cooks court OF the brutal crime Al the
Japanese bank on OFarrell street on
October 8. A motion by his attorheY'
=. J. Greeley, to set aside the lhlot ma
fion charging him with the murder OF
Banker Nunakata was denied, and De-
cember IS was selected as the DAY TOT
his trial. Louis Dabner, charged Win
the same crime. and the accompllce CT
Siemsen in the entire series Of gasplpe
murders. secured a continuance uhtll
Monday morning at 10 o'clock to pleao-
Judge Cooks court was crowoeo 10
the doors with a morbid crowd OF GU
riositv seekers. including one woman
when the two men who have made
c0n1plete confessions Of one of the most
anpslttne- series of murders ever known
In this city were called to answer the
informations charging them with the
last Of these crimes. Both defenoants
appeared at their. ease. and while wait
ing for the proceedings to begin con-
versed with each other and with the
spectators who crowded near to them
Siemsen sat with one unmanacled hand
in his pocket. jingling several coins
and TO all appearances little concerned
~ the outcome Of the preliminary forms
IN the case
GREELEY FORSAKEs DABNER
when called on to plead Siemsen an
swered I'm a husky voice and so low
tone that his formal denial was scarce
lv audible. He admitted, however, a
prior conviction for grand larceny in
1892 when he was sentenced by JucSe
Dunno TO FIVE years in Folsom prison
under the name Of John Simpson. This
admission has no direct effect on the
present case. except that II opens the
way for disputing Siemsen's testimony
in case he is called as a witness during
the trial and il IS desired TO impeach
court in determining sentence should
this he left in doubt by the verdict Of
the Jury.
John J Greeley. who had until yes
terday appeared for both Siemsen and
Debner. withdrew as counsel for the
latter stating that as their defense
would not he the same he could not
act in behalf Of both. Judge Cook
appointed Joseph Taaffe and Albert P.
Wheelan TO represent Dabner, and he
viii be required to plead Monday
morning.
TECHNICALTTIES oVERRULED
Following the pleading. Greeley
moved that the information against
Siemsen be set aside. urging several
technicslities in support OF his motion,
which was overruled by the court and
10 which he entered an exception. He
affirmed that the information against
Siemsen had been filed before any com
mitment showing that there had been a
preliminary examination had been
signed. The commitment from Judge
ShortalIs court bears date of December
J. but Greeley stated that he had seen
the commitment early ron the morning
OF December 3. on which day the infor-
nation was fled. and that at that time
Judge Shortall
Judge Shortau declared that his best
recollection was that the commitment
had been signed on December 1. but he
was not sure that this was Both he
and Assistant District Attorney Benja-
min Bloch. who fled the information.
Were called. and Greeley himself took
the stand and asked himself questions,
10 most Of which Assistant District At
torney Hanley objected. Greeley's con-
tention was not sustained by the evil
oence and the point was dropped.
SAsAKE Is PRESENT
Greeley attempted to show also that
the information did not set forth that
IT had been sworn to or filed before
magistrate or that Judge Shortall acted
as a magistrate during the preliminary
examination: that Interpreter Charles
Geffney had not been sworn to properly
translate the testimony taken from
Japanese into English, and that the
court in its holding did not use the
words reasonable and sufficient
grounds" but merely reasonable
grounds" All these objections were
either refuted by the testimony Of wit
nesses or were declared to be of insig
nifcant import. and the motion TO set
aside was denied
A Sasal1i. the Japanese cashier. who
barely escaped with his life on the day
Of the bank murder, was present, his
head still bandaged where his skull had
been crushed in the encounter with the
murderers. II had been rumored that
Sasaki intended TO return to Japan
within a few days. and he was warned
by the court that he must not leave the
city. as his testimony would be of the
utmost Importance. He expressed his