The San Francisco call., 1910-05-19
Arguments VIII Begin This
Morning and jury Should
Get Case Today
DEFENDANT DENIES
JOE ABBOTT'S TALE
Declares TeIegrapElic Promise
Was Only to Help Him Get
4 Poker Club
CONSPIRACY CHARGE
EASILY PUNCTURED

IT n Z case of Harry p. Flannery.
charged with grand larceny. viii
- be in the hands of the Jury sworn
10 determine his guilt or innocence
before tonight The taking of testi-
aaony was completed yesterday after
noon and the closing arguments to
the jury viii begin at 10 o'clock this
morning in Judge Lemons court in
San Rafael
Yesterday was day OF interesting
developments. The defendant himself
took the witness stand IN the morn
ing TO testify in his own behalf, and
after one and a half hours examina-
. sion by his own attorneys was sub
.jected TO a grilling cross examination
BY District Attorney Boyd. that con
tinued well along into the afternoon.
Version of Telegram
.. For the frst.tinle under oath Flan-
#nery gave his version OF the meaning
Of his famous telegram to Joseph Abb
3. bott at Seattle on November 3 of last
year. In which occurred the significant
phrase. "Joe, nay promise IS right"
His explanation, involving an account
Of an alleged promise 10 Abbott 10
help him in opening a saloon or in
corporated poker club in San Francisco,
2 was directly contradictory of his former
I, statements concerning the meaning of
Nlhe message.
several times, in the course Of the
cross examination. Flannery was led
into contradictions which he failed to
explain. The whole trend Of Boyd's
attack was to impeach the credibility
Of the defendant. and a number Of wit
nesses were called who gave testimony
in direct conflict to Flannery's regard
ing salient features of the case.
Conspiracy Refuted
In rebuttal, Boyd practically shat
. cred the announced theory of the de-
tense that Flannery had been made
The victim Of conspiracy on the part
3 OF Fremont Older ami Sheriff Taylor
: OF Marin county to railroad" him to
the penitentiars, and thoroughly dis
: credited the testimony of William Mac
sherry, the convict buhkoman, who
swore Tuesday that such conspiracy
= Older were called to the stand, and the
. latter made the startling statement
:. that FIannery had sent emissaries to
=. him personally with offers to divide
: the spoils of Illicit dealings. This dec
Iaration was not attacked by the de-
p. Tense, and was left in the record as an
: undisputed bit Of testimony.
For the first time since the begin
: ming Of the Flannery trial, general pub
lie interest in the proceedings became
manifest in the size Of the crowd that
.~Iaeled itself into Judge Lemons
courtroom. On previous days the court
has been well filed, but yesterday
standing room in the aisles was at a
: premium. and IN the throng were many
well known society women of san Ra-
faef Several times the sallies of the
attorneys conducting the cross exam
. inations and the answers OF witnesses
3 under FIRE sent a thrill of laughter
through the courtroom, but there was
no serious demonstration.
. Arguments This Morning
District Attorney BOYD will begin
his opening argument to the jury at
10 O'Clock this morning and will also
make the rebuttal State Senator f.
3. Martineln will make the first ad-
dress for the defense and viii be fol-
lowed by Attorney George A. knight,
chief counsel for Flannery. While no
definite limitations has been set upon
the time TO be allowed for argument,
each side has stated that the speeches
will be comparatively brief. and there
is little doubt that the case viii go
10 the jury before night
coincident with the resumption of
court this morning, the Marin county
grand jury VIII meet to begin its in
'vestigations into the incidents OF al
legged jury tampering that have been
brought 70 light since the beginning of
the trial District Attorney Boyd him
self viii not be in attendance and the
witnesses called before the inouisito-
rial body viii be examined by the grand
jurors themselves. Among the wit
pesses under subpoena are Jerome Bas-
(itg, whose name has been brought into
Ire case through testimony taken at
the trial TO the effect that he was in
conference with FIannery and Attorney
}. ". Cochrane: William Genazzi.
=