The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-01-11
MAN WHO KILLED WIFE.
MAY ESCAPE PUNISHMENT
Hardest Fought Criminal Case
Yakima County Ever Knew,
Must be Begun All Over Again
Supreme Court Erred.

AWice CoHVlCteO OF the murQer OF
his wife in Toppenish on the night
of May 10. 1907, Joe Flannery, the
Yakima Indian whose hard fought
case has been pending in the courts
for nearly four years, will again be
tried in the Yakima county superior
court. the supreme court Of the state
having reversed the last decision Of
the former. Arguments before the
higher body were made early last
month, Attorney William M. Thomp-
son appearing for the defendant and
Prosecutor Ward representing the
state. Word of the supreme court
decision was received Friday morn
ing by Attorney Thompson. r1an-
merry is awarded new trial because
the trial court excluded certain EVIL
dence pertaining to the sanity Of the
defendant.
Married nearly 20\years, the evil
dence showed, Flannery and his wife
began to disagree and quarrel about
May 1, 1905. During the next two
years it is said. the Indian became SO
abusive that it was impossible for
Mrs. Flannery to live longer with
him. Accordingly she fed from her
home and sought shelter at the home
of neighbor. Andrew Riddle. Early
in May of 1907. Mrs. Flannery up
piled to the court for divorce.
Shot Wife in Back
Learning Of this by--being served
with the papers in the suit, Flannery
on the night of May 10. went to the
Riddle home where he found his
wife working in the kitchen. After
Mrs. Flannery refused to return
home with her abusive spouse, Flan-
merry drew gun and shot her in the
back, killing her almost instantly.
Turning the weapon upon himself,
Flannery fired six times into his own
body. one of the bullets perforating
lung. Notwithstanding his injuries.
the Indian recovered and was tried
on a charge Of murder in the flrst
degree during the following winter
On December 4, after long hard
fight in which Attorneys Wende and
Taylor appeared for the state and
Attorney Thompson defended the
prisoner, F1annery was convicted Of
murder in the first degree. The
prisoner. however. was never sem
fenced. for shortly afterwards his
counsel. Attorney Thompson, secured
a new trial after having proved that
one Of the jurymen had become in
toxicated several times during the
recesses Of the trial.
Second Defense Insanity.
In the second trial, associated with
Attorney Thompson was Hon H. J.
Snively. In this hearing. Flannery's
counsel pleaded "Dementia Ameri-
cana" and attempted to prove their
client insane. In the course Of the
trial Judge Preble ruled out certain
evidence which was decided by the
supreme court. to be pertinent to the
defendants case, and upon the jury
convicting F1annery of second de-
gree murder, the case was immedi-
ately appealed
While it is impossible to determine
the exact amount the case has cost
Yakima county. it is said more than
$4,000 has already keen expended. To
this amount, probably another $500
will be required to conduct the third
trial and even then, according to the
records of the case, the guilt or in
nocence of the prisoner may not he
determined.
Shouldn't PREJUDICE Gases.
Supporting the methods used In
handling the case. Attorney Thomp-
son. when interviewed last night,
said: "This is merely a case where
the highest court in the state has ad-
Indicated that a substantial right OF
the defendant was ignored in the
trial court-the right to introduce
material. evidence as to the mind of
the defendant at the time of the
homicide.
The attorney attacked the usual
prejudice against prisoners brought
to trial, saying that the tendency to
PREJUDICE homicide cases. characters
tic of this country. is not right.