The San Francisco call., 1905-06-07
Sllberstein and Podd Prove
Weak and Uncertain in
Their Testimony.
DUPLICATING ACCUSED
Both Men Swear They Were
Asked to Commit Per
jury for Wynan.
DEFENSE IS HOPEFUL

The trial of Frank A. Maestretti,
member of the Board of Public Works,
charged with trying to induce c. NJ. Sill
berstein. election official, to testify
falsely In the case of Charles Wyman,
ballot box stuffer, promises to be
short one. Most of the argumentative
propensities of counsel seem to have
been satisfied during the choosing of
the jury, when the defense gaye indi-
cations of a desire, in the interests of
the accused Maestretti, TO charge down
upon the Citizens Alliance, Merchants
Association, Republican League and
other organizations that are trying to
release San Francisco from the incu-
bus of official corruption that now rests
rcon her.
There was no mention of any of
these bodies yesterday and perhaps the
efforts of the defense to create the
impression that the prosecution of
Maestretd is really political perse-
cution will blow over as smoke, as in
timated in The Call yesterday. Coun-
sci for Maestreti may resume the at
tempt, however, is they introduce any
witnesses for the defendant.
John a. Hosmer sat beside the District
Attorney and Judge Ferral. He is spe
cially employed for the prosecution by
the civic organization.
Francisco have attended the session yes
terday they would have received a fore
ible object lesson as to the class of men
allowed through push influence to Of
ficiate at the elections held in this city.
Two of the witnesses produced against
Maestretti. Silbersteih and Podd,s both oil
whom had served in the booth in the
Seventy third Precinct on August 9, when
Wyman voted his own name and that of
& hat
like that of imbeciles, though each seem
ed trying his best TO testify as strongly
as possible against Maestretti. 1t is said
that their testimony for Wyman helped
convict that individual and that their tes-
tinony and their general appear
ance in this case may help Maestretti
to liberty, even if they do their best
against the defendant. Both seemed to
have muddled minds and a remarkable
inability TO remember details. Even sew
enteen and half days at a country re-
sort at the-Grand Jury's expense did not
seem to have improved their general
mental condition much. They were rather
objects of pity, even by the prosecution.
1t was generally conceded that whether
or not Maestrett was guilty, those re-
sponsible for such election officials as
Silherstein and Podd should be given life.
Some saw cunning behind their lapses
and a well-laid scheme to gain immunity
without hurting Maestrett, but their
general testimony against him seemed
too strong for that.
POINT OF THE DEFENSE.
1t developed during an objection made
by Governor Budd that the defense Will
try to show. among other things. that the
meeting in Attorney Countryman's office,
where Maestretu is said to have given
his instructions, was actually held on the
night of January s. just before the wit
nesses for the defense were introduced
In the Superior Court trial of Wyman,
and not on the night of September q.
prior to the beginning tof the hearing
in the Police Court, as set forth In the
Maestretti indictment, and that the wit
nesses for the prosecution who were at
the meeting got the latter date from the
Indictment. which was found on March
o.
Police Judge Cabariss was the first
witness. He identified the complaint.
warrant and other records of the pro-
ceedings of Wyman's preliminary exam
ination and they were introduced in EVIL
dence
Ex-Governor. Budd tried to get from
the witness the fact that Silberstein had
not testified at all at the preliminary ex-
animation, but he was not allowed to
prove 1t in that way. an objection of Dis
trict Attorney Byington being sustained
though the defendants counsel asked
many ingenious questions to bring out the
fact from the Police Magistrate. Budd
objected to the admission of the Police
Court record on the ground that the Of
fense set forth In the complaint. that of |
fraudulently voting the name of another I!
was not the same as that mentioned In
connection with Wyman in the Grand |
Jury indictment against Maestretti. The
court sustained Byington, but the defense
made the same objection to other testi-
mony throughout the trial and took ex-
ceptions in each case.
Charles NJ. Silberstein. supposed to be
the star witness, was called He showed
a iwoefui propensity to stumble and mix
himself as to dates, and even the prosecu-
be ~ la M IL IL