Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-28
Have Been Completely Upset by
Granting Architect J. M. Hus-
ton a Separate Trial.
MAY BE WITNESS FOR STATE.
Attorneys on Both Sides Refuse to
Discuss the Matter-Common-
wealth Outlines Case.

Harrisburg. Pa. Jan. 2S.--rhe plan of
the defense in the capitol prosecutions
has been changed completely by the ac-
ton of Architect Joseph NJ Huston OF
Philadelphia. in securing q separate
trial with the consent of the common
wealth. Illusions action would seem to
indicate that he has an agreement with
the commonwealth and will be one OF
it's principal witnesses.
The attorneys on both sides decline
to discuss this phase of the case except
to say that Huston has been CUB
poenaed as q witness for his co-defend-
ants, Contractor John Fl. Sanderson, for
mer Auditor General William p. Sny-
der. former Treasurer William l.. Ma
thues and James NJ Shumaker. former
superintendent of accounts and build
ings. Huston has not appeared in court
and Shumaker, owing to his physical
condition, has been excused from at
tending for the present The other three
defendants were in court again today.
Should Huston be called as a witness
for the commonwealth the defense Will
try to break down his testimony by
attempting to show that he certified TO
the quality and quantity of the furnish
ings supplied by Sanderson and that the
bills were approved by Shumake- and
Snyder and paid by Mathues on the
and that II there was anything wrong
he is responsible. Huston's action has
intensified public interest in the trial.
James Scarlet, in opening for the
prosecution today, outlined the COM
monwealths case and what 1t expected
to prove.
Atty. Scarlet said the commonwealth
expected to prove that the defendants
had conspired to cheat and defraud
the state. He said there was evidence
at hand to show that this fraud had
been deliberate and that the plea or
mistake" on the part of the defendants
could not be sustained.
Shumaker came into court with n ne
gro attendant and took his seat at the
defendants counsel table while Mr..
Scarlet was speaking.
George D. Thorn, chief clerk OF the
staaa department, the first witness
called by the commonwealth. produced
the records of the department. showing
the election by the people OF Mathues
as state treasurer and Snyder as audi
tor general. He also produced the GER
tiEcates of election Of former State
Treasurer +. G.. Harris and former Au-
ditjr General IT, 3. Hardenberg. mem
bers of the board when the contract for
the metallic furniture for the capitol
was awarded TO the Pennsylvania Con-
struction company. They retired from
the board one month beofre the contract
was awarded to Sanderson for the fur
nishings.
The commissions of the commission
er under whose supervision the state
house was constructed were also put
in evidence.
Records were produced to show that
Architect Huston was selected by the
board of grounds and buildings to de-
sign the furnishings and his compensa-
ton was fixed at per cent on the con-
tract price of these furnishings.
Extracts from the minutes of tho
board showing the adoption of resolu-
ton virtually giving the contract for
furnishings to Sanderson without COM
petition were then read.