The San Francisco call., 1906-07-19
DESCRIBES BURIAL
Of THE UNKNOWN.
Sergeant Herring Tells
of His Discovery of
Man Shot by Denicke
OTHER TESTIMONY

JuSt at Dawn on the morning or
April 21, as Sergeant Charles Herring
Company E, Twenty-second United
States Infantry was leading a little
squad of soldiers along the seawall in
retreat before the advancing flames
which had defeated them in three
days fight, he stumbled across a body
lying near the belt railway at Lom-
bard and East streets 1t was the body
of the victim of Ernest H. Denicke
The dawn was just breaking as we
came upon the body" said Herring.
testifying before Judge Lawlor yester-
day. 1T was lying on it's back, rigid
and cold. Through one of the fore
arms. l believe the left, there was a
ragged bullet-hole. The bones were
badly shattered. In the body, I do not
remember where. there was another
bullet hole"
What was done with the body?"
asked Prosecuting Attorney O'Gara.
II object" said Ex-Governor Budd,
who represents the youthful slayer Of
the unknown. IT object to the admis-
sion of any evidence tending to show
what was done with the body, when
this defendant was not present"
Objection overruled," said the court
1.-The body was weighted and thrown
from the wharf into the bay.
Did you see 1t sink?"
"I saw the waters close over it: 1T
sank"
This was a soldiers simple story of
the sailors burial accorded the unfor-
tunate stranger. The story of how the
unknown was shot while pleading with
uplifted hand for his life was told on
Tuesday, and the story of his funeral is
now complete.
CAMERON GIVES VERSION.
George 7. Camero>, who witnessed
the killing of the unknown, supplied a
few hitherto untold details around
build fabric to support the theory
that Denicke shot in order to save
himself. 1t was Attorney A Ruef who
Is associated with Budd in the defense,
who sought to demonstrate that a1ter
the unknown had wrenched rifle from
a marine it was necessary that ne be
slain to save the lives of others.
'"The man who was killed held the
rifle in line with his head" said Cam
eron, "his left hand grasping the grip,
his right the barrel. Once when he
turned the rifle was pointed toward
Denicke.
Was his position threatening?'
Il will not say it was; however. he
was in a position to shoot II he mad
wanted to-
Did he level the weapon?'
mo, he did not"
You don't have to level a gun to
shoot" said Budd. "One can shoot
from any position-from the hip"
when he whirled around" continued
the witness, ''the rife of course was
pointed at the crowd and at Denicke.
L could have fired the rife from the
position in which he held it, but do
not know whether l could have hit the
person at whom 1 aimed. Denicke shot
from the hip; 1 know l could not have
hit any one shooting as he did.
when did the unknown drop the
rifle?" queried Budd.
He dropped it as the third shot was
fred"
-..Vftale." said Budd, sarcastically,
whom 1 am going to demand that the
District Attorney prosecute for perjury,
said he threw down the rifle immediate
ly after taking it from the marine and
before he was shot at, and this in the
face of the testimony of three reliable
witnesses that he held to the rife until
he received his death wound"
MARINE THE AGGRESSOR.
4 brand new version of the affair
was given by Charles E. Cassidy of 10
Telegraph avenue. Berkeley. CASSIDY
testified that he first saw the unknown
and the marine while they were strug
Cling for possession of the rifle.
ut was my opinion said the wit
ness, that the unknown man who was
killed was trying to prevent the marine
jabbing the bayonet of his rifle into his
legs, which the marine was trying to
do. Finally the marine let go of the
gun or it was wrested from him, and
the unknown started away.
Then an officer-I am told 1t was
Denicke-started to shoot~at him. At
the first shot he threw down the rifle
and commenced to cry. 1t was a terri
fed and terrible cry. He made the
same cry while struggling with the
marine. After throwing down the rifle
he threw up his hands and spread apart
his fingers as though in mute appeal
and continued to cry until he felL
How did he cry?" asked Judge Law
lor.
1T was an interrupted-a broken cry
Of terror" answered the witness. Il
could not initiate it unless was badly
frightened. 1t was cry of terror; that
is all 1 can say.
Owing to the failure of other wit
nesses to appear an adjournment was
taken after Cassidy left the stand until
10 o'clock this morning.