The San Francisco call., 1906-11-29
JURY ACQU|Ts IN
DEN|CKE TRIAL
Judge Cook Gives Instruc-
tions Which Result IN
Verdict for Defendant
LONG DELIBERATION

Ernest Denicke, the young man VINO
shot and killed an unidentified Italian
a t the junction of Battery, LOMBARD
and East streets on the afternoon OF
April 20 while acting as volunteer
in guarding property und lighting the
flames which threatened the section,
was last night acquitted OF the charge
of manslaughter by the jury In Judge
Carroll Cooks court after over nve
hours of deliberation- The case was
given to the jury at $40 O'Clock IN the
afternoon with instructions from the
court which practically assured an ac-
quittal, and the verdict was returned
at 9:35 o'clock last night
For a time it seemed as though no.
verdict would be reached last night,
and preparations were made for plac-
ing cots in the basement OF the calvary
Church, at the corner of Fillmore and
Jackson streets, in order that the jury
men might remain in the bullding over
night.
At one time the jury returned to ask
for instructions as to whether the act
Of the deceased in taking the gun from
the marine should be considered as
felony, and were instructed by the
court that the act was felony.
ARGUMENTS OCCUPY DAY
The entire morning and most of the
afternoon was consumed by the closing
arguments of the counsel, Ex-Governor
Budd and Judge Henry c. D1bble speak
ing in behalf of the accused. and As
sistant District Attorney James NJ Han
ley presenting the case for the people.
Denicke's mother and brother and
few of his close personal friends re-
mained in the courtroom during both
sessions yesterday, and only left last
night after the verdict of acquittal had
been announced
Assistant District Attorney Hanley
opened the arguments with resume
of the testimony introduced by both
sides during the trial, dwelling at
length on the statements of witnesses
that the deceased was shot in the back
after he had dropped the gun which he
had taken from the hands of the marine
whose actions were largely respon
sible for the tragedy. Hanley desig-
mated the shooting as willful homi-
eide without reason or excuse and de-
clared that no justification could be
shown for such an act.
WOULD REVERSE POSITIONS
Hanley also pleaded with the jury
to consider the case without regard
to the personality of the defendant
and the prominence of his family con-
nections.
think what you would do he said,
'if this case was reversed and this
young man who is here before you had
been killed by that poor, unknown man
"a man without prominence or inf1u-
ence such as has been brought to bear
to acquit this defendant"
Judge Dibble made an eloquent plea
for Denicke, referring to him as the
son of a veteran and a young man of
high character who had been forced to
kill while acting in the line of his
duty.
MIsAPPREHENsION AN EXCUSE
Judge Cook pointed out in his in
structions to the jury that person
could not be adjudged guilty of a homi-
eide when laboring under a misappre-
hension or mistake of fact, and that
| if Denicke believed himself to be acting
! under martial law he could not be held
to blame for the shooting. He stated
! that the law contemplates that homi-
eide is excusable when it is enacted in
good faith, and that even though the
State law remained supreme at the time
Denicke could not be held accountable.
He also instructed the jury that any
citizen is justified in shooting one ac-
tually discovered in the commission of
felony. and that either robbery or
the taking of Government property
| must be considered felonies