The San Francisco call., 1906-11-28
CITY GOVERNED BY
LAW Of BULLET
McEnerney Testifies in
Denicke Case Regarding
the Mayors Proclamation
TESTIMONY ALL IN

The law of the bullet was the law in
tended by the committee Of forty to
be in effect at the time of the fire,
and the proclamation of Mayor Schmitz
ordering the shooting of lawbreakers
at sight did not relate alone TO those
caught in the commission of felony,
but to all committing any act or a
criminal nature. Attorney Garret W.
McEnerney, who framed the proclapa-
tion issued by the Mayor, testified to
these facts yesterday in answer TO
questions put to him as a witness In
the case of Ernest Denicke, accused OF
manslaughter for killing an unknown
man on the afternoon of April 20
McEnerney was one of the principal
witnesses placed on the stand by the
defense yesterday, his testimony relat-
ing to the action taken by the COM
mittee of forty and his own part In
the drawing up of the famous procla-
nation of martial law. In general his
testimony was the same as that which
he gave in the Jacob Steinman trial,
but on examination he went more
fully into the details of the stand taken
by the committee than he has done at
any previous time
what was the intention Of the COM
mittee regarding the meaning of the
order to kill any one caught in the
commission of a crime?" asked Assist
ant District Attorney Hanley after Nc
Enerney had testified that the commit
tee gave it's sanction to the Mayors
act.
at was discussed and stated, as I
recollect. that there was not time to
arrest any one nor any way of caring
for a criminal, and that summary ac-
tion was the only way of dealing with
crime."
WAS it understood by your commit
taa hot
small offense other than a felony that
he should be killed."
well, no. That was not discussed,
but 1t was supposed, I presume, that
those people vested with authority
would act according to the exigencies
of the case 1 suppose that if people
were in a street braw1 the only way to
stop that and other things that might
follow was to kill. This was entirely
military measure. We did not give
the authority to any particular persons
to do these acts. We believed there
was no way, for instance. to protect
women and children, except with the
rule of the bullet
And you advised that as one of
the committee?
II most strenuous1y advised it."
Denicke himself took the witness
stand and gave testimony, some Of
which was dfametrically opposite to
that given by all the witnesses intro
duced by the people. He declared Ahat
deceased was facing him at the time
the shots were fired, that the man still
had the gun In his hands at the time
he fell. and that he shot because the
man had the gun pointing toward him
and the marine and was acting in a
threatening manner. He said that he
shot because he believed he must do
SO TO keep some one from being killed.
and that he did 1t in the line of what
he believed to be his duty as a sentry.
Several other witnesses testified that
the deceased was facing Denicke when
the shots were fired, and corroborated
his testimony in other particulars. The
case for the defense was completed yes
terday afternoon, and the arguments
of the attorneys will be commenced at
$50 o'clock this morning.