New-York tribune., 1908-01-28
CAPITOL CASES BEGIN.
FIRST JURY COMPLETED.
Granting of Severance to Huston
Leads to Report of Immunity.

Harrisburg Penn Jan 2I-The feature of
the first day of the trial of the Capitol prosecu
tions. which began in the Dauphfn County Court
before President Judge KU1kel this morning,
the agreement of the commonwealth to
separate trial for Joseph NJ. Huston. the archi-
tect The commonwealth objected to the mo-
tions of Hustons four co-defendants for sepa-
rate trials which motions were overruled by the
court The action of the commonwealth in
agreeing to a separate trial for Huston has given
rise to a rumor that the architect VIII turn
states evidence and tell all he knows of the
alleged frauds in the furnishing of the new Capt.
tol. Counsel for the commonwealth decline
either to affirm or deny this rumor. wait and
see" is all they will say George s Graham of
counsel for Huston, said tonight that 1t was
not unusual for the court to grant severance
in conspiracy cases. Mr.. Graham also said that
Huston had been subpenaed by the other de-
PENDANTS and must remain here during the trial
of these cases.
'If Mr.. Huston is called to the stand knowing
himself to be innocent man. Mr. Graham
continued, "and S know him to be, he will
tell the truth. He has not yet been subpnnaed
as a witness by the commonwealth. Of course
know nothing about the way the common
wealth will conduct the case"
The aacrty with which the commonwealth
agreed a separate trial for Huston evidently
was surprise to the attorneys for the defend
ants, John H. Sanderson contractor: William
P Snyder, former Auditor General: William L.
Mathues, former State Treasurer. and James NJ
Shumaker, former Superintendent of Grounds
and Buildings The attorneys for these defend
ants Immediately asked that the court take
recess for fifteen minutes to give them an op-
portunity to consult.
After consultation, the attorneys for Sander
son stated to the court that they would not ask
L.,
for the other three defendants then moved for
separate trials on the plea that it would preju-
dice their cases to be tried Jointly with Sander
son. In overruiing these motions Judge Kunkel
said the defendants would be afforded their con-
stitutional right to have their cases fully pre-
sented and argued, and that the reasons for
separate trials were not sufficient to justify the
court in granting the motions.
Neither Huston nor Shumaker appeared in
court to-day. Shumaker was excused on the
plea of his counsel that his physical condition
is such that he cannot stand the strain OF SIT
ting in the courtroom all day.
Sanderson, Snyder and Mathues were in court
and consulted frequently 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 defendants to obtain
separate trials and the selection - the jury
The selection of the jury was completed late IN
the afternoon The Jurors are: Patrick Bohan,
miner; Martin B. Brandt, farmer; Joseph H
Dunke pipemaker; Howard Eichelberger. Ia
borer: William Z. Hoofnagle, retired; Harry A
Hartman Iiveryman; George w. Kohr. laborer;
Albert A. Poist clerk: William H. Sites, Ia
borer: William NJ. Sweigard. farmer; Amos H.
stoudt carpenter, and William G. Stephens
retired.
When the court adjourned tonight Judge
Kunkel instructed the jurors to allow nobody to
speak to them about the case not to discuss 1t
among themselves nor read about it in the
newspapers
The taking of testimony will probably begin
tomorrow. In the which is being tried
first the commonwealth alleges that the state
was defrauded out of S193oS 40 in payments of
s49417 for sofas. tables and clothes trees. This
furniture was supplied by Sanderson at the rate
of S1S 40 per foot" The commonwealth will
try to show that the defendants conspired to
cheat and defraud the state by paying for the
furniture in excess of the contract. price and by
falsifyng the measurements
Neither CONGRESSMAN H. Burd Cassel, whose
PENNSYLVANIA construction company supplied the
metallic furniture for the Capitol, nor the re-
naming eight defendants figure in the five con-
spiracy cases called to-day. There are thirty
seven cases against the fourteen defendants. in
thirty of which the charge is conspiracy and in
seven the defendants are charged with false pre-
tence.
1t is reported tonight that the common
wealth has issued subpoena for Huston and
that he will be one of its most important wit
nesses.
This rumor could be confirmed the at
torneys on both sides declining to discuss it.
Huston is under indictment on thirty charges
of conspiracy. involving S157 7.493 81. He is also
under indictment on two charges of false pre-
tence involving S13.SGo.
Huston designed the pitol and the fur
nishings his commissions which aggre-
gated S415,631 81.