The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-12-28
Action Taken on the Ground Of
Deep Prejudice Against
the Prisoner.
LOATHED AT HIS HOME.
Citizens Swear to Affidavits Describ-
ing the Bitter Feeling at Red
wood City.
Special Dispatch to The Call

REDWOOD CITY, Dec. 27-ThomaS.
William Flannelly, the parricide and
murderer of Sheriff w. P. McEvoy, will
not be tried by jury selected from San
Mateo County, but will risk his life
with one chosen from the county of
Santa Clara So decided Judge Buck
this afternoon.
This was the day set for the COM
mencement of the trial of Flannelly
for the murder of his aged father, Pat
rick F1annelly. The talesmen had al
ready been summoned and were in at
tendance this morning, but their serv-
ices were dispensed with until the 18th
of January, at which time c. H. Ray
mond and Harry Winters are to be
tried for the murder of C. A Andrews
Of Baden. On Friday last Attorney
Stratus filed seventeen affidavits made
by prominent citizens of this place,
Menlo Park and Woodside, to be used
on the hearing of his motion for a
change of venue. The affidavits were
all similar in form and substance, with
the exception Of that of the defendant,
which contained the newspaper reports
of The Call and various other papers
relative to the shooting of Patrick
Flannelly and Sheriff McEvoy.
The aff1davfts set forth that Patrick
F7annelly was an old resident of San
Mateo County and that his death has
caused much bitterness Of feeling to-
ward defendant; that the relatives of
defendant are known to have rendered
no assistance to defendant in the pre-
paration of his defense, which fact has
pretudiced his defense; that. during the
O COT ION Ill
time of the arrest Sheriff McEvoy re-
ceived wounds from which he subse-
Quently died, and that this fact, con-
sidering the popularity of the Sheriff,
has tended to prejudice the people
against defendant; that there have
been threats and demonstrations of
mob violence against the defendant.
especially on the night Of the death of
McEvoy, when it was necessary to re-
sort to q ruse by turning in an alarm
OF fire to get the defendant away from
the people and send him to San Jose
Upon the converting of court the
courtroom was filed to overlooking,
there being hardly standing room left.
The defendant was present, looking as
well as he ever did, the only thing no.
ticeable about him being a slight ner-
vousness. Attorneys Straus and Riehl
of San Jose represented him in the pro-
ceedings, Louis P. Boardman, another
Of his counsel, being detained in San
francisco on legal business from which
he could not absent himself
StrauS informed the court that he de-
sired to have Flannelly swear to an af-
fidavit for a continuance, on the ground
OF the absence of his counsel, Board
man. The affidavit was sworn to and
read, but Judge Buck denied his mo-
ton, stating that he had seen Board
man in this place this morning. After
disposing of this motion, Straus COM
menced the reading of his affidayits for
a change Of venue. but was interrupt
ed by District Attorney Walker with
the objection that there had been no
written motion for a change filed and
served, as required by the statute. The
court sustained the objection, but gave
the counsel q half hour in which to
prepare the requisite papers, the Dis
trict Attorney waving time and ser
vice. The motion having been prop
erly made the attorney commenced the
reading of the aff1davits de novo and
continued until the noon hour.
In the afternoon the remaining affi
davits were completed, and, the Dis
trict Attorney presenting no counter
affidavits, the court granted the mo-
ton, ordered the trial of the case TO
the county of Santa Clara. and re-
manded the defendant to the CUSTODY
of the Sheriff of that county.
Those who submitted the af1davits
were: Thomas Flannelly, John Poole.
B. A Rankin, Claude Fox. Dan Mullen
Leon S. Bean. William Bement, T. II,
Beebe, H. S. Sears, W. u. Price. p. M
Hanson, J. G. Her, John SoIen. 7 T
Greer, j. E. Dougherty, J. H Wilson
and George Holden.