The San Francisco call., 1907-01-19
March % Is Set
as the Day Of
Execution

A morbid throng OF men and women
pressed forward in Judge Cooks court
room yesterday morning. every ear
strained TO catch the solemn words
with which John Siemsen and Louis
Dabner were sentenced 10 meet death
on the gallows as the penalty for the
murder OF II. Murakata, the japanese
banker.
The agony Of mother. her heart
torn with unutterable grief; the sobs
of = gray-haired father. bent under the
weight Of overwhelming sorrow; the
ouivering lip OF a brother, eloquent OF
an enduring love-these were the
things that young women, pretty and
well Rowned. and men, more hardened
TO the world, strained forward TO see
and hear. And Il was not compassion
that found expression in that circle OF
faces. nor calm recognition OF justice
done, but frantic curiosity. preying on
the troubles OF stricken souls on the
one hand. and ill-concealed admiration.
in some cases, for the authors OF that
trouble on the other.
DAY SET FOR EXECUTION
The death sentence for the two gas
pipe murderers was pronounced by
Judge Cook just prior 20 the noon
adjournment OF the court. and imme-
diately after the recess death war
rants were drawn and signed and
March p set as the date for the exc
cution Of botlf defendants at San Quen-
tin prison. The day chosen by the
court is the same as that selected
for the hanging Of Leon Soder. muir
derer OF Joseph Blaise, and should ap-
peals 20 the Supreme Court not result
in q postpOnement that day will wit
ness the carrying out Of sentence in
man criminals that San Francisco has
fostered in many years.
Dabner's father. mother and brother
were in the courtroom early, and other
Petaluma friends Of the lad were pres
ent to shake his hand for the last
time before he was returned to jaiI.
SSiemsen, however. was alone, without
any one to greet him, and the contrast
between the two codefendants was
marked. Calm as ever still retain
ing his air OF braggaoOcio, shaved and
dressed as neatly as though he had
just stepped from his house, Siemsen
gave not the least sign of nervous
ness or apprehension. Even while his
companion was being sentenced he
leaned forward in his seat and drew
rude sketch of Judge Cook on astab-
let OF paper.
Dabner wore a blue sweater under
ments told OF the strain which his as
sumed air OF nonchalance could not
conceal
HALL PLEADS FOR MERCY
When Dabner's case was called Judge
Hall OF Petaluma presented a number
OF afhoavits Of persons well acquainted
with the lad, all expressive of belief
In his weakness OF mentality and pos
sible insanity. He followed this with
an eloquent plea for leniency, stating
that he did not ask for a release with
out punishment but for an extension
OF mercy and for a consideration OF
the mother. whose life would 20 out
with that OF her son.
AS a rebuttal TO the testimony set
forth in the afidavits, the prosecution
introduced several witnesses. and the
complete confession OF Louis Dabner
regarding all the crimes in which he
was implicated, was read. Captain OF
Detectives Duke, Detective George +.
Mulcahy and Policeman John Jordan
told Of conversations with Dabner, and
J. il. Dockweiler, Henry Behrend and
Edward +. Gillon, victims of Siemsen
and Dsbner at different times, told OF
the circumstances connected with those
particular crimes. The report Of DR. r.
". Hatch OF Sacramento. DR.. c. C
Wadsworth and DR. y. d. Lustig OF
this city. appointed by Judge Cook as
q commission to examine the state OF
Dabner's mentality, was unanimous to
the effect that his mind was perfectly
sound. This conclusion was reached
after two long interviews with the
boy at his cell in the Detention Hos
pital and was instrumental in deter
mining the decision OF the court.
PUNISHMENT MUST BE DEATH
This is one Of the hardest things
Judge Cook, after thoroughly weighing
the testimony regarding Dabner's san
fly. In my ten years experience in q
criminal court / have only once before
been called upon to pass sentence on q
defendant who had pleaded guilty tc
murder Of the first degree, but that car
make no difference here. The Supreme
Court has said that where no mitigat-
ing circumstances can be found the
sentence OF death must be the one pro.
nounced. and a plea OF guilty cannot be
considered a mitigating circumstance
This was a preconceived. deliberate
murder and contained elements which
even the Legislature does not demand
shall be present TO make a murder one
Of first degree. But one judgment car
be rendered in this case and the pun.
ishment must be death"
Sentence was quickly pronounced In
both cases, a motion for a new trial II
Siemsen's case and for a withdrawal o.
plea in Dabner's case being denied, and
the attorneys for both defendants gave
notice that appeals to the Suprem,
Court would be filed at once. Ter
days were given in each case for the
preparation OF bills OF exception and
seven days stay Of judgment granted
in order that Siemsen and Dabnel
might remain few days longer in ths
county jail before being removed q
the State prison.
LETTERS WRITTEN TO JUDGE
The sentiment of the crowd which
had gathered in Fillmore street out