The San Francisco call., 1905-01-14
TO-DAY DECIDES
WYMAN'S FATE
Byington Will Make Clos
ing Argument for the
Prosecution This Morning
ATTORNEYS ARE BITTER
Each Side Says Witnesses
on the Other Have Civ
EN- Perjured Testimony
ATTORNEYS ARE BITTER

The fate of Charles Wyman, charged
with fraudulently voting the name of
S. H. Mann, will probably be settled
before noon to-day Argument In the
trial was opened yesterday afternoon.
Attorney John Hosmer began for the
prosecution.
The defense calls this offense a
political crime said Hosmer. Some
of the greatest offenses in the world
are political crimes. The bullet that
took the life of President Mckinley
was leveled against the Government,
not the man. Yet that act was polit-
ical crime
The counsel argued that in voting the
name of S. H. Mann Wyman was gull
ty of forgery and theft against the
people. Shall he be permitted to go
with smile on his face as having ac-
complished clever act of diplomacy"
asked Hosmer.
With scathing sarcasm the prosecutor
attacked the witnesses who had been
introduced to prove an alibi for Wy
man. Take these witnesses, he said,
Are they fit to pass on the suffrages
of free and enlightened people? Take
that man Podd and the boy, Goetzen.
Have you any doubt that the Carson
boy perjured himself? All the election
officers in that booth, presumed to be
appointed by the Election Commits
sioners, are men who owe their ap-
pointments to Joseph Rebstock, who
lived in that precinct and served in the
election booth at the Almshouse."
The allegation that Wyman was seen
on the Almshouse road at the time
Fairfax Wheelan says he saw him vote
the name of S. II. Mann drew biting
denunciation from Hosmer. He said:
Take the walkers on the road to the Aims
house One acts as timekeeper and starts the
other. He passes Wyman and meets a. friend
defense has three walkers on the road and
this pretty picture of the hills near the Aims
house.
Attorney Countryman for the defense
went after the witnesses for the prose-
cution with equal bitterness.
why does Fairfax Wheelan perjure
his immortal soul in this manner"
asked Countryman. Because he wants
to attack Mr.. Maestretti through Wy
man. Fairfax ,Wheelan wants to be
boss of that district, and to this end he
has sacrificed honor, manhood, integ-
rity and every principle-simply to be
a political boss"
Speaking of Frank Tod Mcdonald.
a witness for the defense. Countryman
whitewashed the occupation of gam
bling. Il have met gamblers whose
word was as good as a bond. The voca-
tion calls for certain amount of hon.
esty Because a man Is a gambler 1t
does not mean that he cannot speak
the truth
In protesting the legality Of the pr1-
mary Countryman threw out the hint
that an appeal would be made If Wy
man should be found guilty. He said to
the jury, You will take the view given
by Judge Lawlor on that question until
it is settled by another tribunal"
In his peroration the attorney for the
defense pleaded that his client be given
the benefit of the doubt. All this time
Wyman sat nonchalantly chewing gum,
wearing the expression Of one who was
being bored. His wife and Frank Macs
tretti sat behind him.
Things were made rather uncomfort-
able for Attorney Countryman in the
morning by the testimony of George
B. Woods, private detective. Country
man, according to Woods, drove to a
booth near the Chutes with Jack Ken
ma, who is said to have voted ten times
at the primaries. In the booth, Woods
alleges Countryman whispered, Don't
try it," and the pair drove off. Country
man denied this on the stand.
Wyman spent last night in Jail. This
morning District Attorney Byington
will close for the prosecution and the
case will go to the jury.