New-York tribune., 1920-10-16
flanagan Freed
In I'd Trial for
Saloon Murder
|Iudge Rosalsky Orders the
Acquittal of Man Facing
Electric Chair Because
of Doubt of Evidence
IN Death House 8 Months
Prisoner Scores Prosecutor:
Is Censured by Court;
Held on Another Charge

frank Flanagan, twenty-four years
IA Of s42 East Forty-eighth Street,
.onvicted a year ago for the murder
= Patrick Mulhearn, bartender in
J,sn Rooney's saloon at Park Avenue
.,a 11sth Street, was acquitted yestsr-
,,v in his second trial by directionUf
udge Otto A. Rosalsky.
At the time of his conviction,
october 81, 1919, Flanagan was SEN
,rced to the electric chair by Judge
E T. Grain. He had spent eight
months in the Sing Sing death house
rhen Judge Grain granted him a new
.rsl, basing this action on new evil
,snce obtained by Robert M. Moore,
rsnagan's lawyer.
Flanagan was taken TO the Tombs
.ollowing his acquital and held on an
s.her indictment charging him with
rbbery in the first degree.
He was arrested following the hold
10 and robbery of an Armenian restau-
,snt on Washington Street. This was
some time. after the hold-up in Rooney's
saloon and the murder of Mulhearn.
Vincent Lopez, who was present in
gooney's saloon when Mulhearn was
shot, identified Flanagan as one of the
two men who had fred the shots in
the saloon. Lopez also identified q
man named Alexander Johnson as hav-
Ing been present, but the latter was ac-
Quilted Of the murder charge by Judge
Charles c. Mott in General Sessions
nearly year ago.
Lopez Repeats Accusation
During the second trial Of Flanagan.
Lopez ag4in testified that Flanagan
vas one Of the two men who fired the
shots that killed Mulhearn. Eight
other witnesses who were in the
saloon at the time testified that
Flanagan was not the man. They de-
scribed the murderer as being FIVE feet,
:Our inches in height. Flanagan ia
sye feet, ten and half inches. They
also testified that the hold-up men
spoke broken English.
When all the evidence was in judge
Rosasky directed the jury to acquit
and when this was done the former
turned to Flanagan and said:
u want you to understand, FLANAGAN.
that your verdict is not personal
victory. 1t is case where Justice
must prevail. | do not know whether
you are guilty of this murder or NOT
There was reasonable doubt and the
SQUIRT has given you the benefit Of that
doubt II you are guilty you will have
70 answer for it to your Maker"
Flanagan Assails Prosecutor
Flanagan rose, and addressing the
court and jury, said;
Your honor. | want to thank YOU
and Judge Grain for the fairness of
ny trials. The verdict is just. | hope
may drop dead right here if I ever
mad anything to do with that murder.
never would have been in this pre-
dlcament only Mr.. Brothers placed too
much dependence on the testimony of
mat fellow Lopez, who testified against
me- never should have been put
through this ordeal"
Flanagan continued his denuncia-
ton of Assistant District Attorney
SFothers's prosecution Of him when
Judge Rosalsky cut him short by say
You don't know how much you owe
70 Mr.. Brothers. He expressed his
doubt as to the sufficiency of the
evidence against you to both Judge
lraln and myself. and your attack upon
nm is both contemplate and out
if1ageous. There was no bitterness in
'ae neart Of Mr. Brothers against you"
Mr. Moore, counsel for Flanagan, ex-
p!aned to the court that his client
asd been under great strain and that
Nnen he was in q calmer mood he
would realize that Mr.. Brothers had
nsd no personal ennitv toward him.