The San Francisco call., 1906-05-29
.DEN|CKE FACES
MURDER TRIAL
An Accusation Is Sworn
to by Theodore
Reichert.
Is Released on $4,000
Bonds by Judge
Shortall.

Ernest H Denicke now stands charged
with the crime of murder, the complaint
having been sworn to before Police Judge
Shortall yesterday morning by Ineooore
c. Reichert the teamster who examined
the body of the dead man at Lombard
street wharf on the night of April 20 and
saw three bullet wounds The defendant
was arrested on the warrant and taken to
the Stanyan- street station. After being
booked he was released on bonds of $50,O00.
accepted by Judge Shortall. the sureues
being E. A. Denicke, his father, and Hen
ry Drummer, 2200 Green street both quail
flying on property valued at $S25,oOo.
When the case was called in Judge
Shortalrs court yesterday morning on the
charge Of manslaughter there appeared
for the defendant Attorneys --oe Ruef. E..
B. Young and F. A. Denicke. Assistant
District Attorney Louis Ward, in address
ing the court said that complaint Was
now on file charging the defendant with
murder and he asked that the warrant be
served upon him and the charge OF man
slaughter dismissed.
The Judge made the order and said he
understood an application would be made
TO release the defendant on bail. He
would abide by the judgment of the Dis
trict --.torney in the matter.
MAKES PLEA FOR BAIL.
Attorney Ruef asked that the defendant
be released on bail in such amount as
might be deemed necessary on the
grounds that the defendant at the time
was acting in the exercise of what he
conceived to be his duty as a special Of
f1cer and a member of the special guard
sworn to protect the lives and property of
the citizens; because the complaint was
sworn to by an individual who knew
nothing of the facts of the case and did
not see the alleged crime committed, and
because the body of the man alleged to
have been killed had not yet been found
and it might be long time yet before the
corpus deficit was established.
On these grounds and in view of the
TACT that there was no proper place for
the detention of offenders he thought the
defendant should be admitted to bail He
had consulted the District Attorney and
his assistant, Louis Ward, and both had.
stated in substance that all they desired
was to secure the attendance of the de-
fendant in court and he would assure the
court that the defendant would be there
at all times
Ward said he would like counsel for the
defendant to consent to the preliminary
hearing on the murder charge to COM
mence as soon as possible. Then the mat
ter of bail could be arranged. He sug-
gested Thursday
Ilucl wanted a pOStpOnement till Mon
day, but finally agreed to Thursday.
BODY MAY BE FOUND.
Ward said that the detectives working
on the case thought they could locate the
body. as they had been informed that
some people could point out the exact
spot where it was thrown into the bay
Without the body there might be some
difficulty in proving the corpus delicti but
the Assistant District Attorney thought he
was in position to prove it. In all the
circumstances he would suggest that the
bonds be $4,000.
The Judge said the case would have to
take the regular course of procedure. The
defendant would be arrested on the war
rant and appear in court this morning
when he would be arraigned and the pre-
liminary. hearing continued till Thursday
The defendant would be admitted to bail
in $50 900, or $4,000 cash.
Regarding the statement made by Ward
as to the possibility of locating the body
he says that Nick Cali, fisherman, told
the detectives working on the case that
he knew some people who saw marines
throw body into the bay from Filbert-
street wharf am it might have been the
body of the man shot and killed by
Denicke. There is possibility, however
that 1T might have been the body of the
woman referred to by Reichert in his
statement to the District Attorney on Sat-
urday. The bay will be dragged at the
point indicated without delay