The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-01-28
FOUR ALLEGED
. GRAF TIERS ON TRIAL
MEN INDICTED FoR STATE CAP.
lToL FRAUDS FACE A JURY.
Prosecution Agrees to Separate
Trial for Architect Huston and
II ls Believed He Will Turn
States Evidence.

Harrisburg, Pa, Jan. 2S.--The feat.
ure of the first day of the trial OF
the capitol prosecutions, which began
in the Dauphin county court before
Judge Kunkel Monday, was the agree
ment of the commonwealth to a sepa-
rate trial for Architect Joseph
NJ. Huston. The commonwealth OBJ.
jected to the motions of Hustons four
co-defendants for separate trials,
which motions were overruled by the
court.
The action of the commonwealth In
agreeing to separate trial for Hus-
ton has given rise to rumor that
the architect will turn states evi-
dence and tell all he knows of the al
legged frauds in furnishing the new
capitol.
Counsel for the commonwealth de-
clined either to deny or confirm this
rumor. "Wait and see," is all they
will say. George Graham, of counsel
for Huston, said that it was not un-
usual for the court to grant sever
ance in conspiracy cases. MIR. Ora
ham also said that Huston had been
subpenaed by the other defendants
and must remain here during the trial
of these cases.
The alacrity with which the COM
monwealth agreed to separate trial
for Huston evidently was a surprise to
the attorneys for the defendants, Con-
tractor John II. Sanderson, ex-Auditor
General William p. Snyder, ex-State
Treasurer William Mathues and
James NJ. Shumaker, ex-superintend-
ent of grounds and buildings. The at
torneys for these defendants immedi-
ately asked that the court take re-
cess for 10 minutes to give them an
opportunity to consult.
After consultation the attorneys for
Sanderson stated to the court that
they would not ask for a severance
for their client. The attorneys for the
other tlYee defendants then moved
for separate trials on the plea that 1t
would prejudice their cases to be tried
Jointly with Sanderson. In overruling
| these motions Judge Kunkel said the
| defendants would be afforded their
constitutional rights to have their
cases fully presented and argued, and
that the reasons for separate trials
| were not sufficient TO justify the court
In granting the motions.
Neither Huston nor Shumaker ap-
peared in court. Shumaker was ex-
cused on the plea of his counsel that
his physical condition is such that he
cannot stand the strain OF sitting In
the court room all day.
Sanderson, Snyder and Mathues
were In court and consulted frequent
| ly with their attorneys while the Jury
was being selected. The entire day
was taken up with the futile efforts
of the attorneys for the four defend
ants to obtain separate trials and the
selection of the jury. The selection
of the jury was completed In the aft
ernoon.
When court adjourned Judge Kun
kel instructed the jurors to allow no
body to speak to them about the case
nor discuss 1t among themselves or tt
read about It In the newspapers.
The taking OF testimony will prob
| ably begin today. In the case whiel
I Is being tried first the commonwealth
alleges that the state was defraude,
out OF SO 9,30S.40 in payments OF s49
! All for sofas, tables and clothes trees
| This furniture was supplied by Sander
! son at the rate of $lS.40 "per foot"
! The commonwealth will try to shov
that the defendants conspircd to de
fraud the state by paying for the fur
niture In excess of the contract prize
by falsifying the measurements.