The San Francisco call., 1906-07-15
DEN|CKE' 5 FATHER
IS BROKEN DOWN.
With Bowed Head Lis
tens to Story of Shoot
ing Told by Witness
CASE HEARD AGAIN

AS an eye witness to the killing of an
unknown man on the water front by
Ernest H. Denicke. April 20, .. NJ
Goldaracena yesterday related the
story of the affair to Judge Lawior.
who is acting as committing magis-
trate in the case. Il was the father
of the young defendant charged with
murder who appeared most deeply af-
tected.
charge that has been laid at the door
of his son, he has been constantly with
him during all the court proceedings
that have been had in regard to the
case Yesterday, at times, he listened
to the testimony of the witness, and
again, with head sunk deep in his lap,
the old man appeared oblivious to his
surroundings.
Ernest Denicke was at times nervous
but for the most part appeared to be
an Indifferent spectator. A brother
was also present, not only as mem
Der of the family but also as counsel,
and he frequently whispered with ex-
| Governor Budd, who conducted the
cross examination, as well as with Abe
Ruef and E. B. Young, who have been
engaged to defend the young million
aire.
GOLDARACENA TESTIFIEs.
| The story told by Goldaracena was in
the main along the same lines as that
related at the other examinations that
have been held. A sharp skirmish en-
| sued between the attorneys for the
defendant and John O'Gara for the Dis
trict Attorneys office on the admission
of testimony to show that following
the shooting Denicke had endeavored
to assist the stranger who was shot.
O'Gara contended that such evidence
was entirely self-serving Governor
Budd replied that it went to show there
was no malice in the killing. The tes-
timony was admitted by Judge Lawlor
with the understanding that the prose-
cution is to be given further oppor-
! tunity to cite authorities in substan-
| tiation of its contention.
| Goldaracena said that he was on his
way to the ferry at o'clock on the
afternoon of April 20, when he had his
attention attracted to three men, who
were standing within fifteen feet of
one another on East street near the
Greenwich street wharf They were
Denicke, a man in the garb of sailor
who has not since been located, and
person that the witness designated as
big man, the one who was shot
The big man had chickens in both
hands and Goldaracena noticed him
particularly because he thought he had
been stealing the chickens. The
stranger dropped the chickens and the
three proceeded to walk leisurely
across the street, Denicke leading, the
marine following and the stranger in
the rear.
STRUGGLED WITH MARINE.
When part way across the street the
stranger stopped and apparel to be
talking to the marine, although the
witness was unable to distinguish
what he said. Then the marine showed
the stranger with the side of his bayo-
net. The two wrestled for a minute
and the stranger took the rife. Gold
aracena said it appeared as If the.
marine made gesture as If to let the
man have the gun.
Up to that time the witness had paid
no particular attention to Denicke
who was clad in uniform. But when
| the stranger commenced to run away
/ Goldaracena saw Denicke fire three
times and at the third shot the man
| fell
The witness did not hear Denicke
| call on the man to stop, but on cross
! examination said that he was en-
crossed in watching the man run and
/ that Denicke might have said some
thing to him.
! Believing that the stranger might
shoot some one with the gun, Goldara-
cena started to walk away. but finally
| in company with Senator Welch. whom
| he met went to the scene of the shoot
| ing, where found Denicke and the
| marine Denicke asked him to call an
ambulance.
| At the close of this testimony the
case was adjourned until Monday after
noon at o'clock, when further wit
nesses will be called by the State. Eff
| forts are being made to locate the
| ybn
shooting and cannot be found. 1t is
believed that his testimony might have
considerable bearing on the case