The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-04-29

made the first attempt to introduce him
TO Cochrane at Flannery's suggestion
Joe Abbott objected yesterday to the
general construction placed upon his
testimony before the grand jury on
Wednesday as a confession" While
refusing to be interviewed in regard
to any of the details of his testimony,
and declining to make additional state
ments concerning his dealings with
Flannery, he explained that he did not
want it to be understood that he had
confessed TO anything that would in
jure his pals"
Il didn't or wouldn't turn against any
one but this fellow Flannery," he said.
1T wasn't so much immunity that
forced me to come through as it was
the desire to get even with Flannery
for the way he had treated me. and all
my friends are with me on that propo-
sition. The happiest moment of my
life, think, was when I read this morn
ing that Flannery was in tears over
this exposure, but it wasn't right that
the other members of his family should
be brought into it"
ASKED ONLY ABOUT FLANNERY
Abbott further stated that in his
testimony before the grand jury he had
not given a word that might be used as
evidence against MacSherry or any one
else who was implicated directly in the
management of the Sausalito poolroom
he was not asked about the poolroom
matter, but his examination was con-
fined entirely to questions concerning
the relationship between his own as
sociates and Flannery
Little progress was made Yesterday
morning in the trial of Frank Mac
Sherry, which was continued in Judge
Lemons court, the entire panel Of
talesmen being exhausted early in the
afternoon and a continuance being
taken until Monday morning. Attorney
Otto Irving Wise, representing Mac
Sherry, made a motion early yesterday
morning for a continuance until Satur-
day or Monday in order that he might
prepare an application for a change of
venue, but the request was denied.
Wise based his motion on the ground
that the publication Of the details Of
the poOlToom expose and of Abbott's
confession in the San Francisco papers
was bound 10 influence the jurors He
in court, and used them several times
to disqualify the talesmen under eX-
animation Incidently, he charged that
the statements attributed to his client
MacSherry, in regard 10 the poolroom
cases, were not authentic, his objec-
tion being that these statements might
be construed as an admission of guilt
on the part of MacSherry.
CLASHES WITH COURT
Judge Lennon overruled most of
Wise's efforts TO introduce portions of
the newspaper articles into testimony
and there were several sharp clashes
between Wise and the court.
When the noon recess was taken
Wise left the courtroom suddenly and
hurried directly 10 San Francisco. Be
fore leaving he made an indefinite ref
erence TO other matters which would
claim his attention during the recess
and when court reconvened he was
not present Tom O'Connor, his asso-
ciate counsel in the case, conducted
the brief examination of the afternoon.
Wises sudden departure gave rise
to the rumor that he had thrown up
the defense Of MacSherry and would
take no further hand in the direction
OF the case. He was also credited with
a statement that he had been offered
a fat retainer to throw over his clients
and take up the legal defense of Com
missioner Flannery. District Attorney
Boyd, in whose presence such a state
ment was said to have been made, de-
MED absolutely that Wise had said
any such thing within his hearing.
Several talesmen were examined in
the MacSherry case, but the panel was
exhausted with only 10 jurors sworn
in to try the case