Smyrna times., 1908-02-19
TRIMMERS TO HIDE
BEHIND HUSTON
GapitOl Contractor Claims He Was
Responsible For Payments.
SAYS MATHUES DID NO WRONG

GaPAJOl Will NC Ou4AlCu AANAA SOhlA eCIOA
6andersOn and the three former state
officers now on trial in the Dauphin
county court for conspiracy to Architect
Huston is apparent from the opening
arguments of counsel for the defense
to the jury.
Following the refusal of Judge Kun
kel to make an order to give binding
instructions to the jury to acquit all of
the four defendants, the lawyers for
the defense began their opening argu-
ments.
Arguments were made by Mr.. Roth
ermel for Contractor SandersOn and by
Mr.. Gilbert for former Auditor General
Snyder. They contended that as agent
of the board of grounds and buildings
the defendants relied on Huston as to
the correctness of the bills of the con-
tractors and that it was his duty to GER
tify to the quality and quantity of all
the furnishings before the bills were
paid.
main reliance of the defense, so far
as Sanderson's charges are concerned
will be the contention that the contract
was an average" one; that prices may
have been high on some trimmings"
but they were very low on others and
thus averaged" only fair sum on all
classes of furnishings.
According to the assertions of San
dersOn's counsel, the trimmer" lost
money on some lines and only was en-
abled to finish his work with a just
profit by the higher figures paid on
others.
1t is also held that the contractor was
entitled to furnish all varieties of trim
mings under item % at surface" foot
price of $3.50 a foot.
Mr.. ROthermol asserted that Sander
son had not exercised his full privileges
under his contract as he had only
charged for 27.OO0 feet of furniture.
when he might have collected for
46OCO
Mr.. Rothermel insisted that the San
derson bills were charged under the
proper item numbers, despite the states
contention to the contrary. He also
declared the measurements of furniture
were in conformity with the contract
''per foot system, ignoring the com
mOnwealth's arguments that the linear
and not the surface method of cOmput-
ing the feet was in vogue, and that
Sanderson charged in some instances
for air space.
The defence outlined for Mathues
by Mr.. Schaefer was summarized
principally under two heads. He first
made an emphatic declaration that the
commonwealth had signally failed tC
connect Mathues with the case at all
His next point was the contention that
all the responsibility in capitol affairs
rested upon Joseph NJ. Huston, the
architect, and state officials other than
the former state treasurer.
In substance Mr.. Schaeffer's plea
was that Mathues. the inexperienced
stranger from a far corner of the
state" came to Harrisburg. ignorant
of capitol affairs and had to place re,
lance on others whom the state had
charged with the responsibility for
al features of the work.
Mathues according to his attorneys
contention. was forced to rely on Hus
ton not only for certifcatiOn that work
had been done or materials furnished
but he also must depend upon the
architects word for the amount of
money to be paid
''TO convict the man of crime in
this case would be worse than doom.
ing him to DEATH declared Mr..
Schaeffer.
Mr.. Schaeffer sneered at the COM
yroaItb'c
stances" He argued that the states
case was based on nothing but sus-
piciOns; that there had been no evi-
dence produced to show that Mathues
knew of any falsifying or corrupt
practices or had entered into an agree
ment to commit fraud.
AS to the state urging conspiracy.
such conspiracy, if one existed. must
have been formed before Mathues came
intO Office, the attorney continued.
The fact that all the records were
available and had been offered by the
commonwealth was an evidence that
there was no conspiracy on the part
of Mathues, he argued.
Would he have not suppressed such
records as far as possible if ne had been
a conspiratOr?" Mr.. Schaeffer asked.
In conclusion he declared that Math-
ues had acted under the light at his
command, to the best of his ability.
Threw Dynamite Into Fire For Fun.
BellefOurche. S. D., Feb. 15.-"Just
for fun" Charles Lavezzi employed on
the government irrigation project near
here, threw a dynamite cap into bon.
fire around which were seqte1 six
men. The explosion set off 125 sticks
of dynamite which were being thawed
out nearby instantly killing J. r. GuL
lis, a teamsfer, and injuring all of the
others, including Lavezzi who nav
lose both sight and hearing. The gov
eminent engineers procured the aid
of ranchers, who hauled the injured
to the hospital here in hay wagons.
Old Bills Cause Blood Poison.
BayOnne. n. j., Feb. 15.-CIarence