The San Francisco call., 1904-10-06
Case Must Really
Go to Supreme
Court.
w heelan els OF
Rough w ork at
the Polls.

Tudgs Sloss OF the Superior Court re-
fused 70 set Charles Wyman free yes
terday. upholding the primary law un-
Ger which the young saloon-keeper is
being prosecuted for ballot-box stuff
ing. and the preliminary examination
Of The ancused before Police Judge Ca
baniss viii be allowed TO proceed with
out further attempt on the part Of the
defense 10 interrupt IL. Attorney
counug1nan says thai he win next sue
eur q zorfr OF habeas CORPUS in the Su-
prenle Court 70 make appeal virtually
from The decision Of Judge Sloss, but
VII require some time 70 prepare ms
case thoroughly
Al the hearing in the Police Court
which proceeded Immediately AFTER
Sloss' decision there We're some sen
sauonal phases. Judge Cabaniss in
creased the prisoners bail from $1,000
cash or $1,000 bond 10 $500 cash OF
$1,000 bond. The action Of the court
s.ppesrs significant, for the reason that
announcement was made from the
bench a few days ago that $1,000 cash
vas sufficient the prosecution having
entered a protest against the smaIlness
Of the amount Public Works Commls-
sioner Maestretti produced the addi-
tionsI bail before nightfall
VTyman's attorney, R h Country
nan. was made by Fairfax h Whee-
lan's testimony to appear in question
sble light in connection with the rlng-
er'' incident Of a week ago
Wheelan was telling of the discovery
Of XVvman's double sitting beside
Msestretti in court, ostensibly as the
defendant and in the course Of his
testimony said to Countryman, who
was cross examining him:
And when judge csbaniss asked. upon
calling the case If the defendant was in court
I saw you point TO the ringer as you gave me
affirmative answer The oouole was sselea s@
siongsiae :Iet;F Nass'Te'u ana sal eAl 10 '147''
Are you as sure that YOU saw me point TO
the ringer as the defendant as you are about
III he testimony YOU have given here?' came
the question hotly from CountTyman
Il am
The attorney asked several more
questions Of the same character in the
effort 10 shake Wheelan's confidence in
his statement. but the witness only be-
came the more emphatic in the serious
aspersion on Countryman-
After adjournment of court Country
man said that Wheelan must have mis-
taken wave of the hand as pointing
To the ringer.
Continuing. Wheelan testified that he
saw the defendant, Wyman, sitting in
the rear Of the courtroom at the time,
with his hand partially covering his
face. The witness suspected that some
deception was being attempted and was
watching every move of those interest
ed in the defense. His recollection was
positive as TO the part he believed
Countrynan was playing.
The wide range Of the cross-examina-
tion OF the complainant brought to
light some exciting experiences that
Wheelan had on the day of the pri-
mary election According to his test-
nonv Public Works Commissioner
Maestretti and Frank Schmitz, brother
Of the Mayor and superintendent of the
Alnshouse, acted toward the witness
like rufflans.
READY TO GO TO SAN QUENTIN.
wheelan then testified largely as fol-
lows:
had heard that every inmate Of the Aims
house was 70 be compelled TO vote Re
publican and ] went over 20 that precinct TO
what was going on. I saw an inspector
named Rebstock refuse 10 administer the oath
20 2 man whose vote was challenged. The in
spector said he was ready to go to san Quen-
Tin II necessary. ] entered protest and
finally Rebstock telephoned TO the Registrars
Office He then said he would put the voter
under OATH but not in the form I said the
Later man from the Almshouss named
Dwyer arrived He asked for a Republican
ballot and I challenged his vote the ground
that he had no intention Of voting the Repub-
Ncsn ticket at the general election. 7 will
vote the Republican ticket now but I am
going TO vote as Democrat at the election -
was Dwyer's answer when the question was
put 10 him.
at once declared that he had no right.
under his own statement. TO vote at the pri-
mary Republican
At this juncture Maestretti came rushing
into the booth with fire in his eve What
the hell you doing here2' he called out
70 me. ] answered that was simply taking
advantage Of the right Of an American citizen.
4 order YOU out / order the election officers
10 put you OUT Maestretti cried I demand
ed 20 know his authority and his reason and
he responded that I was intimdating voters
After that Naestretu went up 70 HIS coyotes
Up At the Almshouse. II was not long until
Frank Schmitz appeared the scene He
came over 10 me and. putting his face down
close TO mine. said. Il won't have any men