The San Francisco call., 1905-01-13
WYMAN TRIAL
NEARING CLOSE
Case of the Accused Ballot
Box Stuffer Will Go to
Jury Before End of Week
INTIMATES MORE FRAUD
District Attorney Byington
Rouses the Indignation
of Defendants Counsel

! A pertinent question put by District
Attorney Byington to w. ]. Foster
broke the monotony of the Wyman
/ trial yesterday evening. Did not
Charles Wyman write the name of S.
H. Mann on the precinct roster and i'm
mediately after it write the name OF
George Adler?''
In an instant the defendants attor-
| ney exclaimed, your Honor, l think
the conduct of the District Attorney is
objectionable. l move that the jury be
instructed to disregard the question"
| The motion was granted.
| Did you not know that A. Steftin
voted twice?' asked Byington.
| Again Attorney Countryman was on
his feet. Il had better opinion of the
District Attorney" he remarked.
| Byington insisted that the question
was asked to test the credibility of the
witness, but the court ordered the jury
to disregard the question.
| All of the witnesses for the defense
have been heard but two, Frank j.
! Symmes, president of the Merchants
Association, and Thomas Atkinson, AS
! semblyman for the Thirty ninth Dis
! trict. The latter is at Sacramento, but
| it is promised that Symmes will be on
! hand this morning.
| William 7. Mulcahy, formerly an
employe of the Department of Elec-
tricity, through the influence of Frank
Maestretti, gave testimony that fatty
! contradicted Fairfax Wheelan. Null
cahy swore that he saw Wyman near
/ the Almshouse at Ais p. m. on the day
of the primary election.
Under rapid-fire cross-examination by
the District Attorney, William H. Podd.
one of the election officers in the Seven
/ ty-third Primary Precinct of the Thir-
! ty-ninth District, contradicted himself
several times and at the end lapsed
! into a state of forgetfulness. First he
said that he saw Wyman write his
name in the place where S. II. Mann's S
name stood. Then he swore that he
did not see Wyman write.
. Did you understand the question
asked by Attorney Countryman?
asked Byington.
/ Not thoroughly" replied Podd.
Well then, l ask you where did Wy
man write his name. Do you under
stand that?" asked Countryman.
Il can't answer" replied Podd.
! Edgar Hornbeck testified that he had
driven to the Almshouse with Mulcahy,
who left him shortly before Wyman is
alleged to have been seen in the vicin-
ity. Both Hornbeck and Mulcahy de-
MED that they went to the Almshouse
to do politics
i W. j. Foster produced a diagram of
{c oil IN
have cast the fraudulent vote. He de-
MED that E. S. Wheelan, son of the
chief witness against the defendant,
was in the booth for any length of time.
Foster declared that all but voters
were excluded.
Foster said that when he returned to
the booth after eating his dinner a row
was inNprogress. On being asked what
the cause was he said: "Oh, some of
the crowd wanted a Democrat to vote
Republican, so / cleared them all out. "
He could not say that the election Of
ficers were not trying to persuade the
voter Maybe it was Fairfax Wheel
an" he added sarcastically. HE went
at it madly early in the morning"
A number of witnesses appeared at
the morning session. Frank Tod Nc
Donald declared that he did not threat
en- Special Policeman Joseph Doyle
with. view of preventing him from
testifying against Wyman. He did not
say to Doyle, IF you give evidence
against Wyman we will make 1t ap-
pear that you told him to vote the
name of s. H. Mann
Mcdonald maintains that Doyle had
been circulating stories that he (Mc-
Donald) had voted seven times at the
primaries. Mcdonald said he had
threatened Doyle that he would make
trouble for him on this account only.
Wyman's wife and his father were on
the stand in the morning. The case
will be taken up again at $50 o'clock
to-day. Judge Lawlor asked at the
close of last nights session regarding
the time which the attorneys would re-
quire for argument. 1t is expected that
the case will go to the jury before the
end OF the week.