The San Francisco call., 1905-05-27
REBSTOCK TAKES
WITNESS CHAIR
Tells What Took Place When
He Was Before Grand Jury
in Inquiry as to Fraud

Judge LawIor yesterday morning over
ruled the objection made by District At
torney Byington on Thursday afternoon
to the offer of Joseph Rebstock's counsel
TO place the defendant on the stand to
testify as to the evidence he gave before
the Grand Jury. Rebstock thereupon re-
lated that he had been asked by Fore
man Lilienfeld If he desired to be sworn
and testify and he had replied in the af-
firmative. The foreman questioned him
as to who appointed him primary election
inspector in the Almshouse precinct and
as 30 whether he had refused to admin
lister the oath to voters whose votes had
been challenged. He had answered the
questions and had denied refusing to ad-
minister the oath.
While being cross-examined by District
Attorney Byington tAe defendant showed
temper at times and made an unfavor-
able impression. He admitted that w. H.
Hazell knew all about the election law.
He denied using vulgar language. but
Hazel had got him excited by making so
many challenges and he had told Ha-
zell he could run the booth. He had
telephoned to the Registrar for instruc-
tions.
Registrar George r, Adams was called
and corroborated the statement of Reb-
stock that he had telephoned for in
structions.
Charles A. McLane, who was temporary
secretary Of the Grand Jury that filed the
indictment against Rebstock for violation
Of the election laws. was called and an
attempt TO get him to introduce as evil
dence the memoranda he made showing
the names of the witnesses examined
failed. In answer to the District Attor-
ney witness said that the matter before
the Grand Jury was whether or not
frauds had been committed at the Aims
house precinct. There were no proceed
ings against the defendant when he ap-
peared before the jury and made certain
statements. The conduct of all the off,
GERS was being Investigated. The indict-
ment of the defendant was the result Of
the investigation. This closed the testi-
mony for the defense.
Assistant District Attorney Charles L.
Weller, who represented the District At
torney before the Grand Jury, in rebuttal
testified that Rebstock had said he want
ed to testify and desired to be sworn.
He did not order the subpoena to be is
sued for Rebstock's attendance. There
was no prosecution against Rebstock, but
simply an investigation as to frauds al
the polling booth.
Alfred Lilienfeld, who was the foreman
of the Grand Jury, testified that Reb-
stock asked to be sworn and to testify
and witness had told him he need not
i dIlSWST any QueSllOIl uLi6eb no QeSlreQ u
do so. In cross-examination LiIienfeld
denied having a conversation with At
| torney Newburgh as to the case at any
| time, but said that within the past two
weeks Newburgh had endeavored to get
from him something about the case, but
witness had refused to talk.
Daniel L. Fitzgerald was recalled and
| testified that Policeman Luke Livingston
witness for the defense, had said in
| his hearing at the booth that he had come
there Ito get Hazell." the mlnion OF the
law, using at the same time filthy ex.
preston.
Court adjourned to Monday at 10 o'clock