The San Francisco call., 1906-06-22
GIVES Up
HIS FIGHT
FOR LIFE
Murderer Weber Aban-
dons Efforts to Cheat
the Gallows.
Supreme Court Decision
Disheartens Auburn
Mahicide.
Youth Who Killed Parents
and Brother and Sis
ter a Wreck.
srre.1A1 nIsrArcH no THE GALL.

AITHITEN June 21.-Sherin Keena in
formed Adolph Weber of the decision
of the Supreme Court condemning MIN
TO death on the galIows in the pres
ence of Deputies w. l. May and John
Fulton and Coroner Shepard. The
Youthful murderer said not word, but
turned another leaf in the book he was
reading. A second later he looked up,
pinchcd his lips between his fingers
and again. went to his book. When the
Sheriff told him he would have to
change his clothes and move to another
cell he rebelled, and when the officer
began searching his pockets remarked
contemptuously: I'D like to know If a
man is not entitled to his own prop
erty."
Later he asked Under Sheriff May
how the Judges stood When Coroner
Shepard asked Weber if he would con-
tinue the fight the prisoner said: No
Why should 1? Ny youth is gone my
health is gone and my honor is gone.
If Attorney Johnson wishes 70 carry
the case further he does it on his own
responsibility. I abandon the case
1t is known however. that Weber's
attorneys intend appealing to the
United States Supreme Court The
court meets in November.
Weber is a living skeleton and 1t is
does not weigh over ninety pounds
Sheriff Keena has placed Ben Deepen
dener and Rafe Losano on the death
watch"
The Supreme Court has refused to
interfere in the fight TO save A6olph
julius Weber of Auburn from the gal
judgment of the trial court the doom
of the man who slew his father
mother. brother and sister is read
The sole defense remaining to the
youth will be the fling of a petition
for a rehearing. which is a scant hope
for Weber. as such petitions are gen
orally denied The opinion confirming
the judgment is written by Justice
Henshaw and is concurred in by JUS
tices Cooper, Angellotti. Sloss. Shaw
and Lorigan. A long dissenting opin-
ion is entered by Chief Justice Beatty.
In summing up the opinion confirm
ing the judgment Justice Henshaw
says:
That the verdict was the result of
passion and prejudice upon the part of
the jury cannot be affirmed from the
record before US The community in
which the defendant resided was
doubtless shocked at the atrocity of
rest and conviction of the perpetrator.
But when the hand of the law fell upon
the son as the criminal the very horror
of the charge must have caused sus-
pension of Judgment in the mind of
every right-thinking person.
Chief Justice Beatty bases his dis
senting opinion principally on the cir
cumstantiality of the evidence and the
denial of proper rights of defense to
the accused. The most important wit
ness against Weber was Henry Carr. a
San Francisco pawnbroker. who swore
sold the rnVOlV0r fOmnd n be
Weber barn to young Weber before the
tragedy. Justice Beatty says:
1t was shown that he had a possible
motive for the murder of the whole
family in his supposed desire to sue
ceed to his fathers whole estate. and
stances iustifytnS a suspicion of his
guilt. With the addition of Carr,s tes
timony howeyer III, II true proof was
that he could make was to meet the
testimony Of Carr, either by direct re-
buttal or By the Impeachment of his
character Deprived OF fair opportu-
nifty to do this. he was in effect de-
prived OF his whole defense.
The conviction of the accused youth
of the murder OF his mother involved
morally the proof of his killing his
father. Julius Weber; his sister. Bertha
Weber, and his brother, Earl Weber.
The motive alleged by the prosecution
was the desire on the part of the ac-
cused to obtain his fathers estate in
tact. The crirhe was committed on No
vember 10. 1904, the murderer shooting
his father, mother and sister and beat
ing his brother to death with a blunt
instrument After the killing the
house was fired and it was only by ac-
cident that the flames were discovered
in time TO prevent the complete de-
struction of the evidence against the
accused boy.