The San Francisco call., 1906-07-18

/ ItaIian-Swiss Colony, better known in
the community than Vitale.
Sbarboro testified that he had taken
/ Denicke to the scene of the killing,
/ telling him that an intoxicated marine
was running amuck and was a menace
TO the community. As they approached
the scene they saw q man of large
physique walking away with two live
chickens. The marine called upon the
man to halt and drop the chickens
Reluctantly he did so. Then the marine
called on the man to approach. He did
so for a step or two, then evidently
changed his mind and turned TO walk
away. The marine approached him and
slapped him on the thigh with his
bayonet. The man turned grasped the
rife, and, wrenching It from the ma
rine's hands, turned and started away
The marine followed at a walk. Den
! icke stepped out and ordered the man
to halt. He refused and, still holding
! the rife, hurried his steps. Denicke
! fired shot, called halt" again, fired
a second shot, called halt" again, and
! fired a third shot Still holding the
plunged forward, rolled over and lay
still. He had received his death
wound.
HOLDS FAST TO RIFLE.
This is the testimony of Andrea
L
known held. fast to the rifle of the
marine to the end In direct contra
/ diction, vitale asserted with much dra-
matte emphasis that Immediately upon
wrenehing the rife from the hands of
the marine the unknown threw it to
the ground and was unarmed when he
was shot down. Sbarboro further
affirmed that to the best of his recol-
! lection he had not informed Denicke
before the shooting that the marine
whose rife had been taken from him
was the marine whose drunkenness had
alarmed the neighborhood and to sub
due whom Denicke had been called.
This was a point upon which the de-
Tense, conducted by Ex-Governor Budd
and A Ruef, laid great emphasis.
Sbarboro testified that between the
firing of the first and the last shot by
Denicke the unknown man advanced
about forty feet. Vitale asserted, es-
timating the distance, that he did not
go more than six or seven feet before
he fell, mortally wounded. Sbarboro
said that when he met Denicke the
latter introduced himself and readily
assented to go with him to subdue the
riotous marine. Vitale, whose memory
appeared TO be fresh on even minor
points, could not identify Denicke as
the man who did the shooting, though
he said he was within twenty feet of
him when he fired the shots.
When asked 10 point out Denicke in
court he could not do so and ad-
mitted his inability. Sbarboro, against
whom Vitale places his word, is one
OF the best known citizens of San Fran
cisco. Vitale is an operative in a
North Beach can factory.
SWEARs TO COMPLAINT.
While admitting that he could not
identify Denicke Vitale swore in the
complaint charging Denicke with MUIR
der that he saw the killing and saw
Denicke commit the crime alleged. For
this variation between information and
testimony the defense asserts that it
will proceed against the complaining
witness, though Vitale says he simply
signed the information because a police
detective asked him to.
The conflict between the testimony
| OF Sbarboro and Vitale furnished the
surprise of the day. the testimony of
other witnesses being, with the excep-
ton of a few important variations, the
same as given by them IN the Police
/ Court and before the Grand Jury.
Charles F. Kenealey testified that he
was lighting fire when the sound of
shots startled himl There were three
fired at intervals of about a second
Confusion was everywhere. he said, the
street being lined with refugees max
Ing their way out OF the burning city.
However, he saw Denicke fire the