The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-12-04
His Attorneys Begin to
Create a Maze of
TechnicaIities.
1t Is Set Up That the Entire
Commitment Proceedings
Were Irregular.
Little Hope for the Accused Unless
He Takes the Stand In His
Own Defense.
Special Dispatch 10 THE CALL

REDWOOD CITY, ID &C. 3-The fight to
save the neck OF murderer Thomas w.
Flannelly from the haIgman's rope is
now on in real earnest. To-day in the
Superior Court the first preliminary
skirmish was made. Flannelly, hand
cuffed, was brought from the jail TO plead
10 the information flied against him BIZ
the District Attorney. The court reporter
was not present and objection was taken
TO any proceedings in the matter in the
absence OF the reporter and Continuation
was asked on This ground.
Judge Buck stated hat if the absence OF
the reporter was the only ground for
which continuance was desired that be
would send and have the reporter there in
an h our. He gave 1t as his opinion that
il was not necessary for a reporter to be
there at this stage OF the case. The IN at
Ter then Proceeded and Leon NJ. Straus
read an affidavit OF the DEFENDANT stating
that he had not had an opportunity of
consulting with his attorneys about his
case and asked Tor continuance until
Monday next in which to p.ead- One of
his attorneys. Louis 2. Board man, he had
not consulted at AL. Inc Judge denied
The motion. ,Amotion was then made to
dismiss the information for irres uarities
in the commitment proceedings.
hll6SeU ludt he was not gwen
all opportunity TO consult with an after
neY before his preliminary examination;
that the examination was held against his
protest; that he had asked the commit
ting magistrate for a continuance for the
purpose of employing an attorney, but
the request was denied; that he had con-
suited with one lawyer, who refused TO
take the case. and had used every en-
deovor TO procure another, but was un-
successful up to the time Of the filing of
the Information against him. He also
stated that the entire commitment pro.
ceedings were irregular and asked that the
inform alton be set aside. The court de-
MED this motion.
A demurrer was then interposed to the
information but was oyerruiel. The de-
fendant reserved exceptions to all The rul-
ings and was then called upon TO plead
mot guilty" Thereupon the court was
about to set the trial of the case per-
emptorily for the 14th of this month.
Stratus though mt this altogether too short a
time in which to prepare for trial and the
court finally set the 9th inst, by consent
of all parties.
What defense the defendant will make
to the killing Is mol known. There were
no witnesses to the shooting, Patrick
Fianneily and his son being alone in the
room at the time.
The fact still rema aims that the son wen,
to: his fathers room, three shots were
fired aad the old gentleman was found
gasping for breath. Fiannelly admits
shooting MIN through the brain. His
real proyoca ton for doing SO will prob
ably not appear until the trial. All the
ci:cum stances point toward most cold
FLOODED murder, and To explain them
away it Will be necessary for the defendant
to take the stand in his own behalf, other
wise conviction would be assured.
There Is considerable speculation as TO
whether jury can be obtained in this
county, the general impression being that
1t will be a difficult matter, while some go
so lar as TO say that IL will be Imposs bic.
Should the latter be the case com plica-
tions OF serious nature would arise for
while the defendant is entitled under GER
tain circumstances to a change of venue
the prosecution i not. Therefore, If no
jury could be obtained and the defendant
should not demand change of the place
OF trial 10 some other county, 1t is thought
that he would BE- entitled to his discharge.
Technical objections will undoubtedly
BE- raised on every occasion, and if the
same tactics are pursued as were pursued
in the DuTrant case 1t may be a long time
before the murderer will meet his well.
deserved punishm ent.
From the fact that one of Durrant's
attorneys will appear for the defense it
can be said that a strong effort will be
made TO prolong If not save F.annelly's
life