The San Francisco call., 1906-12-28
RAY OF HOPE FOR
LOUIS DAbNER
Sentence Is to Be Withheld
Pending Verdict in the
Trial of John Siemsen
!, MAY ESCAPE MOOSE

A gIeam of hope that he may escape
the gallows came to Louis Dabner, con-
fessed gaspipe murderer. when Judge
Cook postponed for twelve days yes
terday the passing of sentence. The
court announced recently that the death
penalty would be imposed, and since
then the prisoner, his devoted father
and the attorneys have been engaged in
frantic endeavor to save him from the
gallows.
Yesterday was the time fixed for the
court to pronounce the fatal words.
but instead, Judge Cook declared that
he would not pass sentence until the
case Of John Siemsen was concluded
This means that If the jury in Siemsens $
trial fixes his penalty at life imprison-
pent Judge Cook will be guided there
by as to Dabner. So the fate OF the
youthful prisoner who pleaded guilty
will be determined by the penalty that
is meted out to his partner in crime.
1t would be an Inconsistent working
or Justice, Judge. Cook pointed out.
should the one escape with life i'm
prisonment and the other be hanged.
In the further efforts of the de-
PENDANTS attorneys to save Dabner
from the gallows they made a motion
that he be allowed to change his plea
from guilty to not guilty. The motion
was argued at length, and the boys
rather and other witnesses were put
on the stand to testify as to how the
decision was reached that the original
plea should be guilty.
NO DECISION AS TO PLEA
Judge Cook rendered no decision in
regard to this point, but in continuing
the case until January declared that
he believed continuances should be
granted which would postpone Dab
ners sentence until the trial of his
older companion. John Siemsen. is con-
cluded and sentence passed on him.
Judge Cook stated that in case evil
dence should be introduced in the
Slemsen trial which would serve to re-
duce the latter's sentence from death
TO life imprisonment, this fact should
be taken into consideration as a miti-
eating circumstance in behalf of Dab
ner.
Judge Cook also took the view that
no evidence had been introduced which
would warrant a change of plea or
Whlcn might warrant a sentence less
tnan death, but declared that as long
as the possibility of such evidence re-
malned the court should be slow in act
ing. His statements conveyed his in
tention of keeping the Dabner case
pending as long as the Siemsen case is
undetermined. which may result in a
The scene in the courtroom was one
which touched the hearts of all the
spectators. William Dabner. the aged
father Of the young murderer, sat silent
and with drawn features while the ar
guments of the attorneys were being
heard, and there were tears in his eyes
when he himself took the witness stand
and told how he had advised the lad.
believing that his words might save
the boys life instead of sending him
unheard to the gallows.
FAMILY IS IN COURT
Dabner's mother, brother and sister
were also in the room, seated by the
side of the elder Dabner, and their
fearful eyes and pallid cheeks told of
the hours Of anguish that they have
suffered. Louis Dabner, on the other
hand, was self-possessed as usual and
to all outward appearances was un-
moved by any turn of the legal battle
being waged for his life
Two witnesses besides William Dab
ner were on the stand, They were
Judge Lyman Green and Attorney F.
A. Meyer of Petaluma, and the testi-
mony of each was that he had advised
William Dabner to prevail on his son to
make clean breast of the whole Sc
ries of murders and crimes in which he
was implicated and then rely on the
mercy of the court and the jury. The
arguments of Dabner's attorneys on the
motion to change plea were based
largely on technical points arising from
former decisions in various jurisdic-