The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-13
/ FLYNN SAVED
:.::::*
!. +. FROM TRIAL
.
:. j. FOR MURDER
-
80 -.
Preliminary Hearing
s." 5. Concluded.
. - =. :.
140.. DEFENSE WAS OFFERED
PROSECUTION ADMITTED THERE
:.::~.-. WAS NO EVIDENCE.
Several More Witnesses Were Exam
;. II: ined, but They hnew Little
or Nothing About Any
: Shooting.

The case Of John Flynn, saloon-keeper
charged with the murder of James Gal
"lagher in the Olympia saloon, 1l3 O'Far-
REL street, New Years morning, was dis
.fnis$ed by. Judge Graham yesterday af-
TENDON On the ground that there was no
evidence TO connect the defendant with
:.he crime.
Corporal Russell, who made a drawing
OF the scene of the shooting. was exam
.ined and DR.. Gallagher, who made the
autopsy on the body Of Gallagher, fol-
lowed. He testified that he found a lac
Grated wound on the scalp, a large bruise
on. the right hip, a confusion on the right
ear and the bullet wound that caused
death. The bullet extracted from the
body was produced.
II. l. Muller, a gunsmith at 1918 Clay
street, testified that a revolver shown
him was a Remington double barreled der
ringer, 4l-caliber Both barrels had re-
Gently been discharged. He was shown
the bullet and declared that it was of Al
earlier. He was severely cross-exaInined
and finally said that he would not swear
positively that the bullet was not OF 3o-
Ben w. Krelling, bartender in the sa-
LOOM L Ellis street, was shown the re-
vOlYeT and testified that Captain" Saun-
ders was fioUTishing 1t in the saloon on
New ears morning. Then he fell asleep
in q chair and John McStay took the re
yolyer from him and gave it TO Billy
ACDOnaid
Mcdonald testified to getting the revol-
Yer and keeping it until he handed it TO
defective Dillon He was in the Olympia
Saloon New Years evening and left be
fore midnight with Raggett and did not
return He cOntradicted Corbell by say
Ing that he did not see Flynn fOurishing
a revolver about ] o'clock New Year S
morning. Early in the evening Gallagher
.ro6k. him outside and offered him a revol-
Yer . shoot Flynn, using an offensive ex-
preston
Captain Saunders did not see any
trouble in the Olympia saloon. He got
tthe revolver in evidence from Flynn at
the corner OF Grant avenue and o Farrell
street New Year : morning. " lille put
.+Ilng 1t in his pocket il exploded. John
McStay testified to taking the revolver
from Saunders.
Terry sulivan's evidence practically
amounted to the fact that he knew moth
ing. saw nothing and heard nothing. He
was upstairs New Years morning, when
he heard shot in the saloon. He came
down anC saw little smoke and was
told thtre was nothing wrong. The girl
richardson asked him TO get a hack, and
IL ordered one. He saw Gallagher and
. the girl walk out to the hack. He denied
that. he assisted Gallagher out of the
saloon TO the hack. There were no angry
words in the saloon between Flynn and
Gala CHER nor any body else. He did not
see Flvuu fOurishing a revolver and did
not see any one with a revolver.
-. Detective Dillon testified that Flynn on
being questioned as to the shooting de-
ClIned 10 make statement.
This closed the case for the prosecu-
zion ana Attorney Wilson moved for
dismissal of the case. He argued that no
seriuence whatever had been brought for
ward 20 show that Flynn had fired a shot
81 Gallagher, and the presumption was
taat the deceased had committed suicide.
THE bullet found in Gallagher's body was
Internationally 3S-caliber. notwithstand-
ing the evidence of the. gunsmith. and it
luutd not have been fired from a 4l-caliber
.reT6l&er.
PrQsecuting Attorney Wentworth reluct-
antly admitted that there was no evidence
either direct or indirect against the de-
fesldant and the Judge said he had no
other recourse but to dismiss the case and
.tl.!er the discharge of the defendant from
custody