Clipped From San Francisco Chronicle

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DENICKECASE IS DISMISSED 3 Judge ShorteM Decides Tjrtre Is Not SufflcieRt EJknce on i WWchto Hold Hhn Erneat H Denlcke cbarcedflth th murder of an unknown raaa ou Arll 20th bear Ijombard - street wharf wu dismissed yesterday by Folic Judge Bhoitall the motion o tlje defensota that effect being granted t la passing upon the motlon Judge Shortall delivered an extended oplnlor saying in part I have given this matter - calm and Judicial consideration for the post eight or ten day - It has never been absent from roy thoughts J realise the seriousness of the case involved I formed my opinion when the prosecution finished Its case and have not changed It since I have gone over the arguments and the evidence carefally 1 must Bay that I think the position taken by the defense I indisputable At this point the Court digressed t pay a compliment to the - prosecutor and then proceeded to analyse the case of Vance Boynton and Simmons held to answer for the killing - of He - berC TUden and of Lawrence Bech - tel held for - the killing dt young Rlor - dan In the Tflden case as the Court saw it the person killed had commit ted no - crime - and could not have been suspected of having committed a crime wherefore the act of those charged with killing him was plainly unlawful In differentiating the cases of Bechtel - and Denlcke the Court aaldi In this case there was a conflict In the testimony If the ppsx ecutlon was to be believed murder was committed If the defense was to be believed there Was probable cause for believing that manslaughter had been committed I cannot see any comparison in the cases Continuing the Court proceeded to give his grounds for freeing the defendant He based his act chiefly on the testimony of Andrea Sbarboro who the Judge stated was a highly esteemed resident and citizen whose testimony should be given great weight On the witness stand Mr Sbarboro had been a vague and unsatisfactory witness being exceedingly uncertain as to the details of the encounter between Dentcke and the unknown man He had made some remark to Denlcke that he had done his duty Sbarboro had been unable at any time to recall the exact words that he had addressed to Denicke When the Judge Anally announced the dismissal after dwelling upon the high character of the defendant former Governor Budd complimented the prosecuting attorney also and in behalf of the defendant and his father and all those interested on the side of the defense thanked the Court for the decision I

Clipped from
  1. San Francisco Chronicle,
  2. 20 Jun 1906, Wed,
  3. Page 13

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