The San Francisco call., 1906-11-11
Governor Is Asked
to Grant Pardon
to Sutton.

After spending several days in lnves
tigating the confessions of Louis Dab
ner and John Siemsen that they were
guilty of the hold-up of DR.. T. B. w.
Leland on the night of July 10, which
they made in connection with their
confessions of the gaspipe murders, AS
sistant District Attorney Hanley, act
ing in conjunction with DIR. Leland,
yesterday sent q letter to Governor
Pardee stating that the innocence of
Richard Dowdall, alias James Sutton,
who is serving a fifty-year sentence in
Folsom prison for the crime, has been
established beyond doubt and request
ing the Governor to issue an immediate
pardon.
The letter is signed by. Hanley, who
conducted the prosecution of the case,
and by District Attorney Langdon, and
is accompanied by the affldavits OF
Captain Of Detectives Duke, Dabner
and Siemsen, and a transcript of the
statements made by Dabner and Stem
sen concerning the hold-up in the pres
ence of Hanley, DR.. Leland and Cap
tain Duke. 1t recites the details of the
hold-up at the corner OF Vallejo and
Laguna streets on the night of July
10, when DR.. Leland was robbed at the
point of a revolver of over 500 in gold,
small pocket knife in leather case,
d lIdSOnlC Walcn ana claln, g.
check book and some cards and papers.
For this hold-up Dowdall was arrest
ed two days later, and on October 19
was found guilty by jury in Judge
Cooks court and sentenced by Judge
Bradley " Sargent of Salinas, sitting
for Judge Cook, to a term of fifty years
in the Folsom prison. The finding of
guilt was based on strong circumstan-
tial evidence and on q positive identi-
lr xxrhn rad
that Dowdall was undoubtedly one of
the men who held him up.
During the trial Dowdall acted in a
peculiar manner, showing evidences Of
insanity. which the Insanity Commits
sion declared to be feigned, and refus-
ing to take the witness stand or intro
duce any evidence in his own behalf.
saying that everybody was against
him and that 1T would do him no good.
A verdict of guilty was returned by the
jury In seven minutes, and Dowdall
would not even allow his counsel to
move for a new trial, asking that judg-
ment be passed at once.
In his affidavit signed yesterday DR..
Leland says that he has fully discussed
the details of the hold-up with Dabner
and Siemsen and is convinced that they
are guilty and that he was mistaken /
in his identification of Dowdall. In ex-
planning this decision DR.. Leland says
in his affidavit:
"Aff1ant fully discussed with Louis |
Dabner and John Siemsen the details of |
said hcld-up, and in all substantial |
particulars they agree; that said Louis |
Dabner and John SiemSen informed af- |
hant that the knife taken from him |
and which was not returned was |
small pearl handled knife and that the |
tip of one of the blades had been re-
tempered, leaving'the tip of the blade
discolored; that these statements agree
in all particulars with the facts and
the description of the knife taken from
aff1ant; that the leather case in which
the knife was inclosed has been found
in the rooms formerly occupied by the
said Dabner and Siemsen; that the
watch, charm and watch chain were
returned through the mails several
days after the hold-up; that said Dab
ner and Siemsen explained TO af1ant in
their conversation what they had said
In the letter addressed to him and what
kind of box the jewelry was con-
tanned in"
Dr. Leland, Captain Duke and AS
sistant District Attorney Hanley also
state that the box containing the Jew
elry has been found to- have been pur-
chased, as stated, by the murderers,
and that the handwriting in the letter
addressed to DR.. Leland has been COM
pared with that OF Dabner and found
to unquestionably be his.
In addition to the original confession
OF the hold-up made by Dabner are af-
ndavfts by both Dabner and Siemsen
that they committed the crime and
were assisted by no other person, and
q transcript of the conversation be-
tween Dabner and DR.. Leland at the
OFarrell street police station, in which
Dahner told of the hold-up in more de-
tai In part he said, addressing DR..
Leland:
Il was coming down the hill from
Broadway; you didn't see us: you had
your hands in your two side pockets.
You were on the left hand side of the
street, near large house or hotel. We
were coming down the hill and going
home. You came on us accidentally.
we had no intention OF holding you ,1p.
You had a gray suit on and a hard hat.
Siemsen drew the pistol on you. and
you got hold on it and tried to wres-
tie 1t from him. You looked around
and said, 1t is pretty tough, boys. to
get stood UP and lose what is left from
the earthquakes. Siemsen went through
one side of you and I through the
other"