2
judge Lennon Permits Jury to Try Case
MISS GENAZZI
| IS APPROACHED
IN RESTAURANT
Night Manager of Flannery's
Saloon Asked Her to In*
fluence Brother
Family Party at Lombardi's
Develops Attempt at Jury
matter, and Friday noon Judge Lennon
upset all precedents of his own court
by ordering the Flannery Jury into
custody. . Friday night Wilber learned
that William Elliott. Flannery's night
manager and chief bar tender at the
Richelieu saloon, had been present at
Lambardi's during the. dinner Thurs
day night.
Elliott, according to the information
secured, entered the restaurant while
the dinner was in progress and talked
at length about the Flannery case in
a tone loud enough to be heard plainly
at the table where Harry Genazzi and
the other juror was sitting. Elliott
has been a friend of the Genazzi fam
ily for several years, and finally joined
tlie party at the table, where he con
tinued to discuss the case.
Following the dinner, Elliott called
Carrie Genazzi, the younger sister, who
Is a girl of about 20 years, to one side
and asked her directly to speak to her
brother and request him "to go light"
on Flannery, because if the latter were
convicted he probably would lose his
own job as night manager of Flan
nery's saloon. While this latter state
?r:ent was made only in Miss Genazzi's
hearing, Elliott's prior conversation In
the restaurant was overheard by
Thomas Klein, book keeper and
cashier for the New England Mutual
life insurance company, who was din
inpT at a nearby table.
Saturday morning Wilbsr and Boyd
railed upon Miss Genazzi, who at first
refused to affirm the statements she
had previously made to Wilber or to
admit that the dinner table incident
Thursday night actually had occurred.
She was induced to go to San Rafael,
liowpver, and it was there that she
finally repeated her statement in the
presence of Boyd and Judge Lennon.
KIPLAIVS THE MYSTERY
It was Miss Genazzi's appearance at
the San Rafael courthouse Saturday in
company with Thomas Klein, -who also
made a statement to the Marin county
authorities, that led to stories of the
visit of a mysterious woman to Boyd's
office in connection with the Flannery
ruse. After her first refusals to verify
tlie story she had already told Wilbur,
Miss Genazzi made to Judge Lennon
and District Attorney. Boyd a detailed
statement covering ali the facts of the
cas«^. and Klein again gave his account
of what he had oVerheard in Lombardi's
restaurant Thursday night.
Immediately following the examina
tion of Miss Genaxxi and Klein .Saturday
afternoon a subpena was. issued for
William Genazzi and later a bench war
rant for his arrest. Wilber and Deputy
Sheriff .Schafer of .San Rafael were sent
out to find Genazzi. but their quest was
In vain. It was learned that William
Genazzi is the husband of Madam Lilly,
\u25a0who conducts a dress making establish
ment In the Whitney building in this
city and that it has been his custom to
sppnd most of his time in her shop.
He did not appear Saturday morning.
liowpver. and it was announced that he
would be there later in the day. He
did not return, nor has any trace of him
he*n found t-ince that time. The search
was continued yesterday and last night.
Instead of convening court at 10
o'clock yesterday : morning, to which
time an adjournment had been taken,
Judge Lennon summoned District Attor
ney B^yd and George A. Knight of
Flannery's counsel into his chambers
and the Genazzi-Elliott matter was
discussed for more than an hour. El
liott, who had been taken to San Rafael
•under subpena, was called in and ex
amined at length and js said to have
admitted a larg<> part of the serious
<!iarjr«* that was laid at his door.
JI'RV IS RETAIXEI)
At th*» conclusion of the pvaminalion
of Elliott. Boyd suggested that, as a
result of the disclosures already made,
the present jury in the Flannery case
chould be discharged and a new one
drawn. Knight did not support this
request, however, and after a lengthy
discuFPion Judge Lennon announced
that thft case would continue, and at
jt:l. r i o'clock th*» jury was called -into
court and the trial was resumed.
Following adjournment yesterday af
ternoon, Boyd. Taylor and Wilber hur
ried to San Francisco to renew the
search for William Genazzi. but he had
Dot been located at a late hour last
night. Elliott also returned to San
Francisco during the afternoon, but
l>robably will be .subpena ed for attend
ance at the session of the grand jury
Thursday.
Flannery was accompanied to San
Rafael yesterday by Harry Osgood, also
known as Harry White, a former
Chinatown guide, who has been in con-
Mant attendance upon him since the
trial began, and also by A I Healey, who
formerly conducted a place In Kearny
street.
Nothing In relation to the confprence
between Judge Lennon, Boyd and
Knight was given out by any of them,
and no reference was made to the cause
of the delay when the jury finally was
called into court. While refusing to
discuss any tiling that had transpired at
tl:e conference. District Attorney Boyd
made the statement that none of Flan
nery's active attorneys was in any way
connected with any disclosures that
might have been made regarding jury
tampering.
ATTORNEYS ABSOLVED
"All the attorneys directly interested
in the case have acted throughout in a
hijrhly honorable manner," he said.
"There is absolutely no imputation in
connection with anything that has oc
curred that they are in any way in
volved."
Boyd's first witness yesrterday morn-
Ing was Sheriff Taylor, who was called
upon to tell of the raid of the Sausalito
poolroom on March 7 and to describe
und identify the paraphernalia which
had been taken as evidence against the
operators of the place. The painted
charts of the "United turf exchange,"
-.vhich had been taken from the* walls
of the fake poolroom, were produced
and liungr in the courtroom, and upon
the top of the table carried away, from
the poolroom were spread the other
things captured in the rrfid. These ex
hibits Included the Eack of iron wash
ers, covered with a few . gold pieces;
the bundle of currency, amounting to
over 51.700; a lockbox, money drawer,
he»p of pool tickets, checks, spindle
and warning bell. -
Sheriff Taylor arranged the exhibits
es he had found them on the table at
\A scene in t the courtroom during'thc trial of Harry P. Flannery, and^portraits of the supervisor who had an alter
i cation with Sheriff Taylor, and of Abb old- brother in, law. \\ '
the time of the raid, and then identified
them and explained the use to which he
found them being put at the time of
the raid. At the close of his direct ex
amination Knight announced that he
did not care to cross examine the wit
ness. '
Before Joseph Abbott was v called to
the etand Attorneys Knight v and Mar
tinelll of Flannery*s counsel were. again
warned by the court to move their
chairs farther away from the rail of
the jury box, where they had taken
up their position. Boyd objected that
he was given no privacy for consulting
with any one if he desired to do so, and
Judge Lennon asked the attorneys, for
the defense to resume their regular
places.
On direct examination Abbott said
that he had known Flannery nearly
all his life and that they had been on
the most intimate terms during the
last five years. He told of his San
Francisco visit last October, and said
that before returning to Seattle he had
arranged with Flannery to come back
to San Francisco and conduct a "payoff"
game, which he described as a bunko
swindle similar to that operated in Sau
sallto, where bets were laid on fake
races with the names of fictitious
horses listed on Uie blackboards.
FAMOUS TELEGRAM IDENTIFIED
Abbott made an excellent witness,
answering questions quickly, concisely
and without nervousness or hesitancy.
He said that Frank Hazel, the fugitive
member of the pool room gang, also
knew Flannery well and had visited his
saloon almost daily. In recounting his
own dealings with Flannery he led up
to the famous telegram sent to him In
Seattle by Flannery on the day after
election, in which Flannery wrote, "Joe,
my promise is good." The telegram was
identified and introduced in evidence,
and the witness told of his visits to Salt
Lake and Reno between November 4 and
the latter part of December of last year
and of his return^to San Francisco.
In the course of the ensuing con
versations with Flannery, Abbot said
that Flannery told him that he was go
ing to put a lot of the detectives of the
police department "out Into the fog
belt," and showed him a list of. mem
bers of the department, opposite many
of the names on which he had placed
checks and marks.
"He asked me if 1 knew various
ones." testified Abbott, "and what T
thought about them. . I told him that I
didn't know more than one or two of
them personally. I asked him about
Detectives Bunner and Freel, who were,
then on the bunko detail,' and he said,
'I will attend to them all right.' He
also told me often that he would let us
know when to go to work.'
PBO3IISED THEM ANYTHING
•. The witness said that Flannery had
told him that he and Hazel and Mac-
Sherry could have anything they want
ed in San Francisco, and that Flannery
himself mentioned "gambling houses,
craps games, poolrooms, penny arcades
and pay-off places." After he had
spoken to Flannery about his plan of
going temporarily, to Sausalito, he as
serted that the latter/ asked him if
everything was "fixed" and told him to
"be careful over there."
"Flannery wanted to know if we
would have any men working for us
over in San Francisco for the Sausa
lito place," he testified, in answer to
questions by District* Attorney Boyd.
"He said that if I was going to have
any men — any steerers — working for me
over in San Francisco I had better give
him a list of their names so. that If any
of them got into "any trouble he could
get them out of jail. I. gave him a list
of six or eight or more written out."
Soon after "the Sausalito poolroom
had opened, Abbott stated, he received
word that John Bull and a man named
Clark, two of the "steerers," had been
arrested In San Francisco. He at once
went to see Flannery.
"My God, already?" demanded Flan
nery.
WHEEL.VN "WOULD FIX IT
Flannery, hoy/ever, according to his
statement, agreed to get the men out
at once. He started to call the chief
of police, but changed his mind. Just
then Attorney Alf Wheelan entered the
saloon where th<s conversation was tak
ing place. Flannery said that Wheelan
would fix it, and, as it was Monday
night, said he would meet Abbott and
Wheelan in front of police headquar
ters at 7 o'clock In the evening, prior to
the meeting of the police commission.
The appointment was kept,, Abbott tes
tified, an arrangement was made for
CONCORD EVANSTON-
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THE NEW "
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COLLAR S^
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"- lie each, 1 for »c. - '\u25a0:'>'\u25a0'..
Chiett, i'fabody & Co. Arrow Cgfft. go.
THE SAN AiffBAK CISCO CALL, TUESDAY, V^IAY 17, 1910:
Wheelan to see tlje prisoners and they
were later released without further
trouble. ..
On the Sunday^ night preceding the
raid on the Sausalito poolroom Abbott
said he had a conversation with Flan
nery in which Flannery asked him to
call the next day to meet Detectives
Farrell and Bailey, who had .been as
signed to the "bunk" detail, and with
whom he had arranged to furnish Ab
bott and his men protection.
"The next day when I met Flaij
nery I told him that there already had
been one complaint against us from
Sausalito," testified Abbott. "I had
heard that Wood had complained to the
chief of police in San Francisco and
that Officer Burke had reported on the
case. * - : . ..; ."'.. .;
"When I met Farrell I told him about
it and Flannery said' he would have
Farrell fix it. When Farrell heard of
it he said, 'It's funny I didn't get
Burkes report. I wonder if they are
holding out on me?'" ,
At the time of this conversation with
Farrell In Flannery's saloon, Abbott
testified, he made arrangements to meet
the detective again at 8 o'clock the
same evening at the Stewart hotel.
"I was to give Farrell the names of
our steerers, and he said that as he was
new at the business I might be able to
help him out a good ileal by telling him
some things about what to do," said
Abbott:
RAID INTERVENES
The engagement with Farrell was not
kept, however, for that same afternoon
the Sausalito raid came off and Abbott
was captured. In testifying regarding
his conversations with Flannery as to
a money arrangement,* Abbott said that
when he first suggested that he give
Flannery 1*2% per "cent of all that was
made, the latter said,."l don't wantany
money from you; I'll make, enough my
self. We'll talk about that later.":
When the later conversation occurred
some time afterward, Flannery had
changed his mind,. according to Abbott,
and said: . . . \u25a0 .
"Boj's, I want you to make good
money for j'ourselves and I want you
to make good money, for me. There
are two good years ". ahead; and- by the
end of that time you can go to Canada.
T know where I'll go. I've been work
ing 14 years for this and now that I've
got it I'm going to make. good money
out of it."
Abbott said that the night, of his re
ish leaf has given them a decidedly |f^»M^» I M^MJif^
lease from tin; ..i.um county jail he met
Flannery. and: Jerome Bassity at „ the.
corner of Devisadero and Sacramento
streets, where they drove up in a taxi
cab at about 4 o'clock^ in the morning.
It was then,, he vsald, that "Flannery
first asked him not to drag him into 1 it
or mention his name. He then repeated
the account given the grand Jury, of his
subsequent dealings with Flannery,
Bassityv* and James W. ; Cochrane, the
searching of his rooms by Cochrane and
the making of affidavits purporting to
exoperate Flannery. 'These, he said,
were made at ? Flannery's request and
upon his declaration that "they are
simply for.: the newspapers and don't
amount to anything."
AFFIDAVITS CALLED FOR -
Boyd sprung a surprise at this junc
ture by turning suddenly to Attorney
George A. Knight and asking him to
produce the affidavits.. Knight respond
ed that he didn't have them, and Boyd
promptly went down the line of, the de
fendant's five attorneys, and pill each
one of them individually -upon recordto
the same effect. Immediately after the
noon recess Boyd concluded his- direct
examination of the witness by securing
the account of his' final quarrel with
Flannery when the latter threatened to
choke him -when he went to the: Flan
nery. residence in an effort to raise bail
money.
Knight began his cross examination
.by calling -Abbott's, attention to the
poolroom paraphernalia and asking him
who owned the various objects on dis
play. The. answer was . invariably,
"Hazel and . Mac Sherry and .'myself."
Suddenly Knight turned directly to. the
witness, pointed <jo a ring on his, finger,
and demanded: -V : : * ' . ' <
"Who owns that diamond?-' _
An objection. by Boyd was sustained,
and' then Knight shot another personal
question at the witness: _~-"''
"What are you \u25a0 before this ' jury?
What do-you call yourself? What is
your means of livelihood?"
RACING AND MINING
Abbott answered that he had been a
handicapper and had engaged in mining
and; brokerage at various times. Fin
ally, in answer to the direct question,
"How long have you been a bunko
man?" Abbott answered: "About eight
months."
Knight made a number of efforts to
have Abbott" admit that he was "a
thief," and other similar terms were.
ARRfIITS TAI F
HDDS FACTS
TO CONFESSION
Chief Witness Withstands the
"'.'Cross Examination of
- V George A. Knight
Says Flannery Got Two of
Bunko Crew Out of San
"Francisco Jail
thrown/ in. profusely, but Abbott always
came back with Hhe answer that he
had "turned bunkoman" or had "turned
thief". after^Flannery had invited him to
come to San' ,Francisco. He declared
that he.' had an understanding with
Flannery that his .-'steorers" were to bo
protected -in- San Francisco.
ROBBERY NOT ADMITTED
*Knight forced the witness to admit
that in 'the case . of Wood, who was
swindled, out of $SOO in the-Sausalito
poolroom, he "had an interest in what
was groins on,? although Abbott would
not .use. "the : word "robbery," which
Knlg-ht. preferred. _ \^"
.Abbott was also questioned about Im
munity. ; He said : he. had received no
pledge except District Attorney Boy d'3
word that he would do what he could to
secure leniency for. him. Knight sought
by his questions to show that a conspir
acy had been* formed between Fremont
Older, Jlsidor Jacobs; the witness, "and
others" :to railroad 'Flannery "to jail,'
and also to show that the witness had
been furnished by one of these persons
with money -since being taljen out of
tlie county Jail. Knight was ; . not suc
cessful in this,. but finally. made the di
rect charge, in argument on an objec
tion, that^a part of the theory of the
defense was that a conspiracy/existed
between Older, Harry Wilber and oth :
ers ."to 'send . Flannery to the state
prison regardless of the real merits of
the case." .
"Do you state that as a fact?" quickly
demanded Judge Lennon,. leaning over
his desk toward Knight. "If so. I want
to understand you. I will call the
grand jury together at once to investl- (
gate. - If you -state that such a con- 1
spiracy existed we. will go to the bottom
of it. right now." .; . \u25a0 . , ..-'
THEORY OF DEFENSE
For a moment the trial came to a
halt. The court waited for a direct
answer, and demanded it when Knight
attempted to turn, "from the direct
query. The flatter finally explained that
this theory had been adopted as a part
of the defense, but did not go to the
extent of saying that he would be will-
Ing to attempt to substitute such a
charge.
Knight, referring to the witness as
"an informer," took up the transcript
of testimony given by Abbott before
the g^-and jury and read extensive ex
tracts, but did not succeed in tripping
Abbott up on any of his original state
ments. He turned again to the.ques
tion of how Abbott had come to testify,
and again demanded to know if it had
notbeen because of some understanding
or arrangement with some one con
nected with the defense. As he finally
pressed tlie matter, repeating the ques
tion, "What induced you to testify?"
Continued on l*ae<* ~; Column 4
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