The San Francisco call., 1898-03-09
The Parricide Takes the Stand in His Own
 Defense.
Greatly Affected at Times, but Soon Regains His Usual
 Com posture.
Says His Father Was Seeking to Kill Him When He Fired to Pro-
 tect Himself.
Special Dispatch to The Call.

SAN JOSE, March S.-Thomas w. Flannelly, murderer of his father and slayer of Sheriff McEvoy, went on the witness stand this afternoon in his own behalf He made a good witness. At one time the witness choked and seemed about to cry, but he soon re- gained his composure and went on with his story. Flannelly's story of his crime tended to bolster up his claim of self-defense. He said his father was attempting to get a pistol out from un- der his pillow when he (Flannelly) opened fire and killed him.
 At the opening of court this morning Coroner James Grove of San Mateo County was recalled. He gave some measurements of the room where the murder occurred.
 Edwin Thompson and Joe GetZman were present at the arrest of Elan nelly and told of the fight at the dairy ranch when the prosecution rested.
 The case of the defense opened by the reading of testimony taken at the Coroners inquest. This was admitted, il was stated, to lay the foundation for the impeachment of witnesses John Kerr and Sheriff Mansfield.
 B. A. Rankin, Daniel Mullen, Hiram Ebright, Claude FOX and J. F. Greere testified that prior to the homicide de- fendant's reputation for peace and Quietude had been good. Judge Lori gan limited witnesses on this line to five. and Attorney Straus took excep- tion to the ruling.
 Defendant Thomas Flannelly then took the stand. He described the shooting in 6 clear voice and without a waver in his tone. even when the mi nuteSt details were inquired into. He showed great emotion when telling of %1A lriI hut hd nninElU recovered himself and went on with his story. Flannelly said he was born in San Francisco and was 31 years old. He first went into the dairy business at Fair Oaks in 1892. On September 14, 1897, he took Daniel H. Doyle into part nership which firm existed for sixteen days. The partnership document was read and admitted as evidence. IT regard to the dissolution of the part nership he said:
 Father wrote me a letter saying that l would have to get eff the place and Doyle too. My father said in 6 conversation afterward that my part ner was no good, that his father anc the whole family were no good and ht wanted me to get rid of him. l tolc father l would get rid of Doyle as soo1 as l could get any one else to do the work as it was too hard for me alone One night father threatened my hIe It was when I was delivering some milk in nay fathers house. He asked me if I had got rid of Doyle yet. l told him that Doyle was not my partner any more, and l would get rid or nm as soon as I could get some one else t( help me at the dairy. Father theI called me a liar and a thief. He sal' 4 was cheating the customers ant Everybody else that I had anything L do with. I replied, Don't say that father My father would not listen t me. but said, I will blow your hea' off He then made a move toward rifle that was standing in one corner the kitchen. 1 made warning moV. toward him and told him not to touci that rifle or he would have to use 1t as was armed, too. Father then said Well. I'll fix you, anyhow and h. went out of the house to the woodshed When I went out and got on my wagol l saw him peeking out Of a crack II the woodshed at me.
 "The first notice we received iron father was to pay S25 month rent O. move away from the dairy. when th' second notice came for us to move ou my partnership with Doyle had beel dissolved, and father knew 1t. l ha( sent word to him to that effect an( told him so repeatedly. l almost al ways carried pistol, either In m! pocket or on the milk wagon. neVe saw the pistol that father had, but knew he had one, as John Kerr tol' me that he gave him one. The doc to fathers room was open that night I lit q candle in mothers room ant went in and placed the lighted candl on the stand at the head of father bed I then asked him why he hat had more papers served on me ant Doyle I told him again that l had n partner, and he replied: You are = liar; wish you were dead ana Il hell. You are drunk and thief an' are no good to yourself or any on else He then reached under his pill low, when I said: Don't draw a gul on me, or I will fire, too, for l an armed.
 but he would not have it. He threT . back some of the bedclothes and be gan reaching under the pillow Inel I fired three shots. l do not knoV where any of the shots struck IL wa the second time my father had threat ened my life never had any troubl with him before this quarrel. wa not intoxicated that night.
 After the shooting I came out of th' room and saw my mother at the door She asked me if I had shot father, ant told her yes, that had to do so. Sh' wanted me to come into the room witt her. as she was afraid of father. l tolt her there was no danger, as rather Wal dead I thought he must be dead, as am a good shot. I have often practicet at targets. Father was a good shol He could shoot best with the left hand About a year before the shooting h. came out to the ranch and used m1 pistol in practicing at target Whei my father first reached his hand around under the pillow that night l stepped toward him and touched hlm on tn' shoulder with my left hand. I told hin to look out, as I was armed. too. took my pistol out and showed it t' father. Then put it back in my pocke and tried to argue with him. but father continued to threaten my life.
 The defendant was then asked: "Dic won think your life was in danger aftel father made that first movement"
 ''I did, sir
 why did you not leave the room then?"
 T was afraid that if turned around to go out would leave myself open tc be shot"
 The witness denied that he held his pistol within a foot of his fathers heac at any of the shots so as to powder