The San Francisco call., 1910-05-18

greeted his wife, who spent the day
about the courthouse, and kissed her
goodby in the corridor of the court
before leaving to return to San Quen-
tin. He was the first witness called
by the defense, and knight at once
brought out the full venom of his ami
mostly toward the prosecution through
the medium of questions tending to
emphasize his degradation to the fullest
extent.
'sWhere do you now reside?" de-
manded Knight.
''At San Quentin penitentiary," an
swered MacSherry in loud tone.
You are serving a sentence from
this court?"
.'Yes. A year for grand larceny"
you were one of these bunkomen?
One of these friends?"
Yes. / was
MacSherry said that he was 81 years
old and knew Abbott intimately and
that he had been in the Marin county
Jail with him for three weeks.
do you remember when he turned
informerT' asked Knight.
ANSWER RULED OUT
mir. Abbott was ready to turn in
former almost any time." began the
witness, but he was stopped by an OBJ
lection and the answer was ruled out.
DO you remember when he turned
states evidence? What was his state
Of sobriety at that timer" pursued
Knight.
There was another quick objection.
and MacSherry was not allowed to
answer the question, but knight made
a further strenuous effort to pursue
this line. He declared that he could
prove that Abbott was drunk in jail,
that he was given large quantities of
whisky that he was allowed to have
champagne, that all of this was with
in the knowledge of Sheriff Taylor,
and that Abbott was drunk when he
made his first confession.
Knights statement opened battle
of words between himself and Boyd,
which bordered close upon indulgence
in personalities, and which was only
brought to an end by Judge Lennon.
knight had just repeated his state
ment that Abbott was crazy drunk"
when he was first induced to confess.
STATUS. AS WITNESS
"The only question here declared
Judge Lennon, when he had secured
silence, ''is in regard TO the mental
status of Abbott at the time he was
sworn as a witness here. He may
have been as crazy as bedbug in the
county jail, but that has nothing to
DO with this case.
Knight branched into an argument
in abuse of Abbott and defense of
MacSherry, declaring that the convict
was IAN honorable man" to have taken
his sentence without talking, and that
he was an angel of light" in COM
parison to "the perjurer" whom Boyd
was defending.
"A very pretty speech, Mr.. Knight"
asserted Boyd sarcastically.
I'll L. ,,f1, -
fore we get through here" shouted
knight, shaking his finger angrily in
Boyds face &zg
Judge Lennon again restored order
and gave an admonition that side re-.
marks must cease. Knight, after an
objection. put q question that brought
out the essence of MacSherry's testi-
mony on direct examination. He
asked:
"Was there ever any time in connec-
tion with that poolroom conspiracy
that Mr.. Flannery was in any way,
manner, shape or form connected with
any unlawful or felonious work, as far
as you know?"
He never was. and Abbott knows
It." responded MacSherry.
The witness admitted that he made
all the poolroom arrangements in Sau-
salito He said he had been introduced
to Fremont Older by Abbott; that Alb
bott had told him he was going to
drag Flannery into the case simply be-
cause he had been promised immunity
if he would, and that he himself had
been offered immunity IL he would cor
roborate Abbott.
II was offered immunity by Sheriff