The Montgomery advertiser., 1908-01-28
NOTED GAFT
 TRIk.,sS BEGIN Capitol fosecutions Are Called. SEPARATE TRIAL FOR HOUSTON Architect of Building May Turn
 States Evidence.
  The Selection of the Jury Was Conn PIeted Late in the Afternoon. Five Conspiracy Cases have
 Been Listed.
SEPARATE TRIAL FOR HOUSTON

Harrisburg, Pa. Jan 27.-The fea- ture of the first day of the trial of the Capitol prosecutions, which began in the Dauphin county court before Judge Kunkel today, was the agreement of the commonwealth to a separate trial for Architect Joseph M. Huston.
 The commonwealth objected to the motions of Illusions four co-defendants for separate trials which motions were overruled by the court. The action Of the commonwealth in agreeing to q separate trial for Huston has given rise to rumor that the architect will turn states evidence and tell all he knows of the alleged frauds in the furnishings of the new capitol.
 Counsel for the commonwealth de- clines either to affirm or deny this ru- nor. Wait and see," Is all they will say.
 The entire day was taken up with the futile efforts of the attorneys of the four defendants to obtain seprate trials and the selection of the jury. The selection of the jury was complet- ed late in the afternoon.
 The trial of the alleged conspirators is being conducted in the dingyl old fashioned County Court House. and its resources have been stretched to the attorneys and newspaper correspond- ehts.
 Fraud in Furnishings.
 The first of the i've conspiracy cases listed for trial. Involves payments of AIT for sofas, tables and clothes trees, The items were paid for by the State at the rate of s1S.4o per foot The commonwealth alleges that frauds to the amount of $ls,sos were perpe~ trated. The defendants In these nye cases are Chiaf Contractor John H sandersor and Architect Jos. M. Hus-. ton of Philadelphia, former Auditor General Wm. P. Snyder of Spying City, former State Treasurer, Wm. l.. Ma 'thuaa. of Media and James M. Shu- maker of Johnstown, former Superin- 'tendent of Grounds and Buildings.
 The prosecution is being conducted bv Attorney GeBeraf Todd, James ScaS- let, chief counsel for the executiv9 in- vasfteatfon comnliaaion- Asaistant- penr ,,sv SE Ettornev General Jesse B. Cum ninxhanr; State Senator John p FOX of Harrisburg. and District Attorney Ycnn F! weiss. .f The defendants are renraaented by oeorge S. Graham, A. s. T. shields. P. E. Rothermel, IT,, Ex' Iudae A. M Bietter, Samuel M. Glenn ent. IT,, of. Philadelphia; Former At torney General William U. Hensel. Lan- caster; William l. Schaners MSala' ! C.harles II. BeFgner. Lyman D. Glloert
 
 Brindleman, of Harrisburg.
 sanderson supplied most of the fur ,ishings of the Capitol His contract ,amounted to S5,4s7,S ,S99 and his pronts ir soTne instances are alleged to nave been as much as 1000 percent. hueton designed the building and furnisninss' hig Commissions amounting to x4le. si: Shumaker Is accused or navinH AAA9u to audit the bills of Sanderson ana ts eiso charged with having accepted Hnstor,s certification that the work was up to the specifications ana con tract. .soA tba hills without having them audited' svnder is charged with non-perform- ance of duty in not auditing the Diiis'
 Ouenanw Was Delayed.
 rSo .r,eI which was scheduled to has,in at 10 o'clock was delayed slight Iv bv the clearing up of other cases before the court. District Attorney yusiss called the several conspiracy cssas at 11:3O o'clock. Mir. Bergner, nresented a petition asking that Snu- maker be tried separately Juoso Kunkel however, denied this motion IoI a continuance. Following the retusal of ths court to allow severance n tI,a cases against Shumaker. Mr. Gtl- bart moved for a severance in the cases a0aInat Snyder and Mathus. Ner. Sn- hsvt. said the nature of the cases were s;,.S thnt if his clients were tried Wttp Shu,paker and Sanderson. 1t might con f,ise the minds of the jury. because of the technicalities involved and the Character of the duties of the state treasurer and auditor general. He ex- plained that the application was made in good faith and was not intended or prolonging the trials.
 Mr V Cunningham entered a protest and the court overruled tho motion The defense took an exception. The court then took recess until