The San Francisco call., 1905-06-07

was sure though. of the general propo-
sition, that Maest-etti had told him to
swear IN the Wyman trial that Wyman
had voted only once, and that this was
told him at the office OF Attorney Robert
II. Countryman in the presence of Fos-
ter. Wyman Goetjen and Podd, also cleo
ton officers and Attorney Countryman.
He said a first that Carson, another pri-
mary officer. was present also, but denied
this later.
Siberstein then told how Wyman had
voted his own name and then that of
Mann. the witness, as--judge receiving
the f1rst ballot and WYman farcibly de-
posting the other in the box Continu-
ing. he said that on September q. the
night before the hearing of Myman's
case in the Police Court, he had met wy
man in Maestrettrs saloon at the corner
OF Sutter street and Central avenue, and
there Wyman received telephone mes
sage from Maestretti, telling him of the
meeting of the primary election officers
OF the Seventy-third Precinct to be held
in the office of Attorney Countryman on
Montgomery street. They went there and
before the assemblage Maestretti an
nounced that In the case of Wyman. the
election officers were TO swear that he
Wyman, had voted only once Attorney
Countryman. it was testified, seemed sat
isfied with this
SIhBERSTEIN Is UNSTEADY.
The witness said his application to
serve as an officer at the primary was
indorsed by, Abe Ruef and Maestretti.
This document has been destroyed
Judge Dibble then took up the
cross-examinstion of Silberstein. He
could not shake the seemingly half
wittcd man on the stand as to
the statement that Maestretti had
told him to swear that Wyman had
only voted once. but he seemed utterly
unable to tell whether it was just before
the trial in the Superior Court, which be-
gan early in January. or just before the
hes ring in the lower court, beginning on
September g.
Asked why he did not arrest Wyman
when he voted the second time, Silber-
stein stammered and was nervous and
didn't want to make disturbance in
the neighborhood.' In response to a
query as to why he hadn't told some one.
he said he didn't know whom to tell. He
declared that he had not been influenced
by any threats to make his statements to
the Grand Jury.
the month of April, next year?" asked
Dibble. 1t was in April the Grand Jury
was informed
Silberstein had been at Tocaloma in Ma
rim County for the last seventeen davs
and q half his expenses being paid by the
Grand Jury, he said.
At the afternoon session the cross-ex-
animation by Judge DibbIe was resumed.
The witness seemed actually unable TO
say whether, when he did testify in the
Wyman case, it was in the Police or the
Superior Court. He said he had testified
for the defense, but didn't know what
that meant except that '-he had lust gone
on the stand"
Don't you know?" asked DibbIe, that
the meeting in Countryman's office was
on the night before January 9. when they
did call witnesses in this court?'
Yes" was the reply.
District Attorney Byington looked sur
prised and took hand at redirect ex-
you said in answer to my question
that the meeting was on Tuesday. Sep
tember q, the night before the hearing in
the Police Court, and now you say 1t was
the night before the hearing of witnesses
for the defense in the Superior Court"
be said. Tell us again just when It
was
Tuesday evening, September 27," re-
piled the witness.
the jury began to look puzzled. Dibble
said:
You said to me the meeting was the
night before the hearing of the Wyman
defense in the Superior Court and now
you tell the District Attorney 1t was the
night before the Police Court hearing.
Which is it?'
"The night before the trial in the Su-
perior Court" replied Silberstein.
PODD IS ALSO MIXED.
This style of alternate questioning be-
tween Byington and Dibble and Silber-
STEMS peculiar answers were continued
until counsel thought they had enough
Of the mans waverings in the record. He
stuck to it. though. that Maesteretti, in
the office of Countryman. had told him
and the other election officers that they
must swear Wyman voted only once. 4