The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-10-01
WHEELAN TELLS
WHAT He SAW
As an Eye Witness of Il
legal Voting He Testifies
Against Charles Wyman
STEFFENS is IN HIDING
Believed to Be Trying to
Have Bail Ready Before
the Warrant Is Served


Fairfax II. Wheelan and his 16-year-
old son Edgar testified before Police
Judge Cabaniss yesterday that they
saw Charles Wyman pen the forgery
Of s. H. Mann's name on the roster
in precinct seventy-three at the prim-
airy election on August 9 and witnessed
the casting Of the fraudulent vote.
They took note Of every move OF the
defendant in the commission of the
crime and distinctly recalled. that he
announced his name as Mann" when
he approached the inspector presiding
over the ball01 box.
Wheelan's statement TO the court, in
answer TO questions Of counsel, was as
follows:
I saw Wvnan seated at the table about
O'Clock in the afternoon writing the name OF
s. Il Mann on the precinct roster he mao
register in the other hand and copying from
fiernine he name on S.H Mann and the ad-
dress 26O7B Post street In the column ior
party designation he wrote Rep -
In my memorandum book Jotted down the
roster number. which was ia He was
given a ballot went into booth, returned
vii hthe. ballot folded and he stepped up
10 the INSPECTOR he spoke the name Mann
% out az the number of the ballot and it was
this number il was 3l92S
The Inspector TO. whom Wyman handed the
ballot was silverstein, who vas me only nleil-
Der u the election board that knew
Wheelan.s son cOrrObOrated his IA
Their in every particular, having been
at his side at the time.
Cross-examination of both witnesses
- was deferred TO this afternoon, when
the. preliminary examination will. be
- resumed ::
30 RESORTS TO HABEAS CORPUS.
o. In the expectation OF staying or pre-
venting The hearing Wyman's attor-
ney. yesterday sued out writ Of ha-
beas corpus before Judge M c. Sloss
p Of the Superior Court on the ground
that the primary law under which
the ELECTION was: held is. nhconstitu'
tional;: the. Petition being: ~identically.
the same as. that: presented to, United
States :Dist1sct Judge: de: Haven last,
week when: the appeal was <unsuccess-
fully made to him: for the issuancI:: Of. a
writ: Judge Sloss Issued the order
for the PRODUCTION of>the prisoner. on
Monday at 10 o clock: = p. =, p:
, -But there is no law to prevent the
Police Court from going on with the
examination under these circumstances,
and yudge:Cabaniss. fnt1mated yester-
day that he would not feel himself
bound. 10 stop the: hearing because of
. the writ. The: question is-.left to his
discretion :. = : =
o., This move. was. made, as. it was. in
the Eederal'r7Court last week. Just Las
the ease .was. 70. be. called: in. the Police
Court and evidently to gain what a,d-
fusion of proceedings. It came near
being disastrous yesterday, however.
II was necessary that Wyman should
be in prison when the habeas corpus
writ was sought and his bond had to
be Cancelled: Pending the hearing on
the writ, Judge Sloss fixed bail at
$1,000, or $1,000 cash, the same amounts
that Judge Cabaniss required. But
there was much difficulty in finding a
Superior Judge last night to make the
order Of release. Finally Public Works
Commissioner Maestretti. who looks
after Wynan's freedom, found Judge
Lawlor in his courtroom. Fears had
been entertained that the defendant
would have to remain in Jail over
night.
DDNLAhA@o Dali 10 IOO LOW
George 7. Wright, attorney for the
Merchants Association. made a spirited
protest before Police Judge Cabaniss,
Immediately after the Wheelans had
given their testimony, against the
snalkness Of the bond the court had
fixed. lie. declared that $1,000 cash bail
was ''ridiculOusly small" and urged
that it be increased to $4,000 or $4,000.
Judge Cabaniss took issue with the at
t0rney in a vigorous manner, express
ing himself Is assured that $1,000 cash
would guarantee the appearance of
-Wyman at any time and designated