The San Francisco call., 1906-12-25
CHANGES PLEA TO
NOT GUILTY
Dabner Declares That He
Was Ignorant of Penalty
When Confessing Murder
SENTENCE is STAYED

When Louis Dabner, who pleaded
guilty last week to the charge of muir
der as an accomplice of John Siemsen.
appeared for sentence before Superior
Court Judge Carroll Cook yesterday
morning. C. P. Hall, engaged as coun-
sci By his father, made motion 10
have the plea withdrawn and SUBSTITUTE
one Of not guilty.
Hall declared that Dabner had made
the plea Of guilty. through inadver-
teuce, that he was ignorant of the
attendant penalty and that he was not
not mentally competent at the time.
He argued that Dabner entered the
plea on the advice of his father, who
+ believed that it would save him from
a sentence Of death
Hall asked for time to summon wit
nesses, declaring that he could estab-
lssh by their testimony that neither
Dabner nor his father had adequate
understanding of what a plea of
guilty meant
Judge Cook denied the motion for
the setting aside Of the plea, but con-
sented to hear further argument from
Hail. who called Dabner's father to the
stand.
Hail tried TO establish by the testi-
rnony Of Dabner that the latter was
led 10 counsel his son TO plead guilty
on advice given him by Attorney Frank
Meyers and Judge Green of Petaluma-
Dabner, in answer TO the questions Of
Hall, declared that he understood from
Judge Cook and Meyers that his son
would be given a jury trial by plead
ing guilty and that Imprisonment for
life would be the extent of the penalty.
FATHERS PATHETIC FIGURE
When ross-examined by Assistant
District Attorney Hanley, however,
lo in
as to the advice given him. in the
matter His hands twitched and he
was a pathetic figure as he struggled
between his desire TO tell nothing but
the truth and still aid his boy
Every body came to me with advice
in PetalUma," he said L finally got
confused, but I did think would save
Louis in telling him to plead guilty
and throw himself on the mercy OF
the court"
Hanley continued his cross-examina-
ton. but finally gave it up abruptly,
the wretchedness of the old Portuguese
increasing to point that threw a
gloom throughout the courtroom when
he was forced to admit that he had
rather see his son die than lie.
The prisoner was then called to the
stand and declared that in pleading
guilty he thought he was pleading TO
admission Of completely in the Japanese
hank robbery with Siemsen, but did not
realize that he could be sentenced to
death He was always guided by his
fathers advice, he declared, and read
lily consented to make the plea he did
because he thought that it would give
him a jury trial and save him from
the gallows-
dall in summing I'D drew a picture
Of Dabner as a youth who had never
been away from Petaluma until last
February, who placed implicit conf
dence in the advice of his father and
who had no realization of what he was
doing at the time he entered his plea
Of guilty.
Hanley in answer commented on the
Incompatible atrocity of the gaspipe
crimes. how the city was terrorized by
them for months and how Dabner was
warned by the court and his counsel as
10 the significance OF his plea and given
an opportunity to correct it
rs It reasonable to assume that a
person who could be guilty of these
crimes was so under the control of his
father after their commission that he
did not know his own mind when en-
tering his plea2" asked Hanley. Il don't
think so The duty of the court is plain.
It is so plain, in fact, your Honor, that
II you died tomorrow the Judge who
succeeded you could not help passing
sentence on the plea as entered"
Judge Cook admitted this fact, but
said there was more before the court
than mere plea of guilt on the charge
OF murder. He spoke of his realization
Of the grave responsibility resting upon
him as the magistrate sitting In the
matter just argued. but said he did not
wish to commit himself to any undue
haste in passing sentence
T will assure counsel for the ac-
diction in this case has ended and that
very conclusive evidence will have to
be brought out in court before will
change my mind"
He then continued the hearing until
Thursday morning at 10 o'clock