The San Francisco call., 1904-10-11
Special Policeman John T.
Doyle Says Two Men
Tried to Intimidate Him,
in the Interest of Wyman
GIVES CORROBORATION
TO WHEELAN ACCOUNT
TeStitieS That Defendant,
After Voting, Expressed
a Misgiying That He Was
Watched by Complainant

The testimony of Fairfax H. Wheelan
and his son that they saw Charles Wy
man forge the name of s. II. Mann on
the precinct roster and cast the fraud
ulent ballot was corroborated in part
by Special Policeman Joseph T. Doyle
yesterday at the preliminary examina-
tion in progress before Police Judge
Cabaniss. The witness gave a sensa-
tional turn to the case by declaring
that two men had made threats against
him in an effort to prevent him from
testifying.
Doyle said that he saw the defendant
with register in hand sit down at the
booth table and copy a name on the
roster and then so through the pro-
ceeding of voting the ballot. At the
same time the witness saw Wheelan
make notes in a memorandum book
and look at his watch, apparently max
ing an entry of the time.
After he had deposited the ballot,
Wyman stepped up to the witness and
with eyes fastened on Wheelan, re-
marked, L guess that man was watch
ing me-" Then the defendant added:
If it had been a vote for Cassidy it
would have been all right" Cassidy
was heading the fight for the inde-
pendent Republican ticket, in the inter-
est of which Wheelan was working at
the polls and which was put forward
in opposition to the ticket of the Macs
tretu faction.
The men whom Doyle accuses of at
tempted intimidation are Tod McDon-
aid and Thomas Garrity, who are af-
filiated in politics with the faction of
which Public Works Commissioner
Frank A Maestretti is the leader in
= frd HI Cfrn
TWO MEN THREATEN WITNESS.
"One evening about a week ago."
Doyle testified, Tod Mcdonald and
Thomas Garrity met me at Bush and
Baker streets, very near the room used
as the voting place, and began talk
ing of the Wyman case. Mcdonald
spoke up and said, You don't want to
send this fellow to Jail 1 replied that
/ would have to protect myself in the
matter
Mcdonald then said. If you testify
against Wyman we will try TO rail-
road you. We will produce witnesses
to show that you induced Wyman to
vote fraudulently. We will prove that
you put Wyman up to vote l an
swered that l would tell the truth un-
der any circumstances"
Doyle next told of a visit of Garrity
to the witness brother to make
we're also present, but inasmuch as
Doyle did not himself hear what was
said, Judge Cabaniss would not let
him tell the story.
The cross-eXamination of Doyle was
without bride on the attorney for the
defendant, and, although the prosecu-
tion and the court fused and fumed
over the waste of time occasioned by
the extraneous matter Countryman
ho, ha fc
of the testimony of the witness were
not shaken, he had an uncomfortable
time of it on the stand because of his
fear to admit that he had talked over
the case with Fairfax Wheelan and the
detective employed by the Merchants
Association to gather evidence.
LAWYERS IN A SCRIMNIAGE.
So energetic did Attorney Country
man become in his efforts to break
down the witness that clash between
him and Attorney Hosmer relieved the
impatience of Judge Cabaniss for a
moment. Counsel for the prosecution
objected to a question and a comment
by Countryman that brought hot re-
mark from Hosmer that the defense
would bear watching"
you and your gang will certainly
bear watching as WE'LL" was Country
mans rejOinder.
A few minutes later Hosmer told
Countryman, who was handling wit.
ness Doyle in a lively manner, that
there is a straight way of doing things
and there are ways of conducting
case that are not straight"
Countryman repeatedly asked Doyle
if, in order to induce him to testify
against Wyman, he had not been as
sured of protection from prosecution
for attempt at Illegal voting himself.
Ii.
booth, but nothing was brought forward
to show any criminal intent His ex-
planation was that he looked at the
ballot because he thought it would
show how many votes had been cast
When asked if he had not consulted
divers persons as to the danger of pros
ecution and also if he had not informed
them that the Merchants Associations
detective promised him immunity, he
answered that he could not remember
having had such conversations.
ALL PROSECUTIONS MAY FALL.
Attorney Countryman entered form
al objection to proceeding further with
the examination on the ground. as he
claimed that there was no penalty
clause in the primary law, under which
Wyman was being prosecuted. He
contended that section 6415 of the Penal
Code fell with the primary law of 1899,
unconstitutional, and the Legislature
having failed to re-enact it there is no
provision for Furnishing infractions Of
the primary law of 1901. This is the
point that Judge Sloss, in the recent
habeas corpus proceedings before him,
declared to have considerable force"
Many lawyers are of the opinion that
Countryman is correct in his view and
will be successful when he sues out a
writ of habeas corpus in the Supreme
Court, which he intends to do some
time this week. Judge Cabaniss denied
Countryman's motion.
IT don't want Wyman dismissed on
any habeas corpus proceeding" de-
clared Maestretti yesterday Il want
him freed of the accusation on the mer-
its of the testimony. 1t is very ap-
parent that Wyman is not the man
aimed at particularly in this prosecu-
tion. and these other people are respon-
sibIe for the resort to habeas corpus in
an endeavor to have the primary law
knocked out. AS the expression goes
they are trying to make a fall guy out