The San Francisco call., 1898-03-05
Flannelly's Former Part ner on the WitneS
 Stand.
He It Was Over Whom Father and Son Had Quarreled
 Bitterly.
Says the Parricide Was Not Excited When He Went to Slay the
 Old Man.
Special Dispatch to The Call,

SAN JOSE. March An the Elan nelly murder trial to-day but two wit nesses were examined. The first was Daniel H. Doyle, who was in partner ship with Flannelly in the dairy pusi- ness and who, was the prime cause or the tragedy. Doyle did not prove d willing witness for the prosecution, ms testimony simply showing that Flan- nelly took his pistol with him when ne left the milk ranch for the purpose or calling on his father, and that ne was angry when the constable serVeu the papers of ejectment.
 Doyle said he was g years or age and a bookbinder by occupation. lie went into the dairy business with flan- nelly some time in September, ana ne continued as a partner for about three weeks. He lived with the defendant at the dairy ranch, which consisted of eight or nine acres. On October 13 Flannelly had been served with a paper by Constable Barton. It notified Tom that more rent would have to De pald or the ranch vacated.
 On the evening of the crime, october %, he was at the ranch when Conslaple Barton served papers on Fiannelly. The constable came about o'clock, when they were at supper. When the ofhcer knocked Flannelly went to the door. The witness could not hear what oc- cured out of doors, but Flannelly finally called the witness out and he was served with the papers According to Doyle Flannelly did not seem eX- cited, but invited the constable Tn to take a cup of tea. The officer declined the invitation and returned to town.
 After supper" said the witness, we talked the matter over. Flannelly said he would see what his father had to say about the papers that had been served. He saddled his horse and started to see his father. Before doing so he said he had his pistol with him. Flannelly did not appear angry when he left. He generally carried his pis- tol at night
 The witness said F'lannelly told him that his father did not want him (Doyle) on the place, and he then pro- posed to get out to avoid trouble be- tween Tom and his family. Flannelly agreed to Doyle leaving, and looked around for a man to take his place. Doyle said Flannelly did not wish to do anything against his fathers wishes.
 Doyle said Flannelly was sober and industrious and always attended to business while they were together on the ranch. On the evening of October 26 he was sober, and cooked the sup per as usual. According to the witness, F'lannelly was angry at the Constable and not at his father, and his business in going to his father was to explain that there had been no necessity for serving the papers, as he had already informed his father that the partner ship no longer existed. F'lannelly senior thought Doyle's presence on the place decreased the value of the prop erty.
 pr. James Grove, Coroner of San Ma teo County was the next witness He arrived at the house shortly after the murder. He made an examination of the room, and under the top mattress found a revolver. All the chambers of the revolver were loaded, and the weapon had not been fired. There was no blood on the pistol. Several persons were in the room when he found 1t.