The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-05-12
FIVE Lawyers
MAKE BATTERY
FOR FLANNERY
District Attorney Boyd Single
Handed TO Combat Large
Array of Counsel
Rival SIeuths Buzz BusiIy About
the Approaches to the
Courtroom

tective agency, explaining that he had
taken up temporary abode I'm Marin
county ito raise chickens was prom
inent figure in the courtroom through
out both the morning and afternoon
sessions. Several of his subordinantes
In the Morse service drifted in and out
Of the room during the day, and more
than one stopped long enough in the
hallway or courtroom itself to ex-
change greetings with one of Elan
nery's attorneys.
AS these continued comings and
goings gradually singled certain indi-
vidusls out from the ordinary court
room crowd Of hangers on others be-
gan 70 follow after them through the
swinging doors. These were men of
the rival Pinkerton detective bureau.
whose MESA ges from time TO time
found their way to the end of the
counsel table where District Attorney
Boyd presided. So the constant cir
cling and watching began, and mystic
rious whisperings and signalings
played their part.
Array of Counsel
Flsnnery was accompanied into court
by an imposing array of counsel
James ". Keys Of San Rafael was for
mally introduced as a new member Of
his stan, and so Eve attorneys sur
rounded him at the defendants desk
IT,
four former members of his counsel
being George A Knight, Charles Heg-
gerty and Frank Gould of this city and
State Senator E. B. Martineln of san
Rafael
In marked contrast to the group
about Flsherty was District Attorney
Boyd's position alone at the end of
the table nearest the jury box, for he
viii conduct the prosecution unassist-
ed During most of the day he sat
titled back in his chair, reading a mas
EiTe law book and seemingly paying
but scant attention TO what was trans
piring, save when some question pro-
pounded TO a talesman by q member of
the opposing counsel caused him TO
voice a quick objection.
In the case of most of the Jurors
examined. Boyd either passed the tales
man without sir gle question or con-
tented himself with the briefest Of
formal inquiries as to name. residence
and business. Senator Martinelli con-
Quoted the greater part of the ex-
animation in behalf Of the defense, and
IN most cases his examination. too.
was concluded within 10 or Is min
utes- There were but two instances
IN which a decided difference of opin-
ion prevailed between Boyd and his
opponents over the qualifications of a
Juror 10 serve, but those brought out
the first real tests Of strength and
legal skill.
TaIesman Challenged
rslesman c. C. Olmstead, one of the
Joint proprietors of the Marin Journal.
was challenged by MartineIi on the
ground that he held an opinion regard
ing the guilt OF Frank MacSherry, who
was q member of the SausaIito pool
room crowd indicted on a charge SINH
lar TO that on which Flannery is now
being tried, and who pleaded guilty
and IS now serving a years sentence in
San Quentin Boyd denied this chal-
lenge, and after a long examination
had been INDUCED in by both sides.
Judge Lennon finally held in favor of
the district attorney and allowed Ohm
stead TO remain in the jury box
A question based on an almost identi-
cal state of mind arose in the case of
Morris BlumenthaI San Rafael
butcher. but the inquiry developed that
Blumenthal was more decided in hts
opinions than Olmstead had been. with
the result that the battle over his
qualifications developed legal problems
that are still unsettled. In this case il
was the prosecution which challenged
and the defense which objected TO the
threatened disqualification. Judge
Lennon withheld his decision on the
challenge until this morning.
John A Filippini Of Nicasio was ex-
cuseo on Martinelli's challenge after he
had been passed by Boyd, his final dec
laration on cross examination being to
the effect that he did not believe he
could fairly decide the case at issue. E.
Genserowski Of Black Point admitted
the only violent prejudice against the
defendant that came 10 light during
the day, and was dismissed by general
consent, while Sam Leake, who was
identified with the graft cases IN this
city, was disposed OF by Boyd on a
showing that Leake's name was not on
the Marin county assessment roll.
Withstood the Fire
In addition TO Olmstead, who was ac-
cepted in the face Of challenge by the
defense, the seven talesmen who sue
cessfully withstood the fire of inop,.