New-York tribune., 1908-01-27
CAPITOL FRAUD CASE UP
TRIAL TO BEGIN TO-DAY.
Defendants in Pennsylvania L'kety
to 1sk Separate Irin.

Harrisburg. Penn. Jan. 26.-The first CT the
thirty-seven criminal suits against FORMER state
officers contractors and others connected WIN,
the building and furnishing of the new Capitoi
of PENNSYLVANIA will be brought TO trlai III 'iie
Dauphin County Court Tomorrow before 'udse
Kunkel The defendants in the SUITS hs'eo loi
trial first are Joseph NJ Huston, architect, ana
John H. Sanderson, contractor, Phliaaeipiiia'
ex-Auditor General William P. Snyder, Spring
Citv. ex-Stste Treasurer William l.. Mathues,
Media and James NJ Shumaker, JohnstoWn, ex-
Sunerintendent of Public Grounds and Build
ings.
The defendants are charged with conspiracy TO
defraud the state out of S135.0oO by falsitylng
the weight and measurements OF certain iuf-
nishings supplied by Sanderson under MS per
foot" and per pound" contract with tie boara
of Grounds and Buildings. The prosecution iiaS
selected five cases against these defendants to
be tried first. The suits against Congressman
H. Burd CasseI of the Pennsylvania Construc-
ton Company. which supplied the metaihc fur-
nture for the Captol-Mr- Cassel being nhder
Indictment on charges of conspiracy and false
pretense-and the remaining eight defendants III
these prosecutions will be tried later
The prosecution will be conducted by Attorney
General Todd. who will be assisted by James
ScarIett chief counsel for the legislative COM
rnfttee which investigated the charges OF frauo'
Assistant Deputy Attorney General Cunning
ham, State Senator John L. Fox, of HARRISBURG
and District Attorney Weiss. The defence VIII
he represented by leading members of the Phila-
delphia bar, including a. S. L. Shields, Sai1uei
NJ Clement jr., ex-Distrct Attorneys Graham.
Bell and Rothermel and Charles H Bergner
and LYMAN D. Gilbert of Harrisburg, and w
L. Hensel. of Lancaster.
Having failed in its attempt to delay the trials
by motion to continue the suits against ohu-
maker on the ground that he is not physically
able to go to trial, it is expected the next move
of the defence will be to ask that each of the
defendants be tried separately.
The total cost of the Capitol was S13V0oD'
of which 81 100000 was expended by the build
ing commission for construction and S9oSoroo
by the board of grounds and buildings for fur
nishings Sandersons contract amounted to
s54s7. .S99. and his profit in some instances is
alleged to have been as much as 4,oOS per cent
Huston designed the Capitol and the furnishings
and received in commissions more than S4ooOoO.
Shumaker is accused of having failed to audit
the bills of Sanderson and other contractors,
ana with having accepted Huston's certifcations
that the work was according to specifications.
Mathues is alleged to have paid the bills anG
Snyder is said TO have passed the bills without
their having been audited.
Many of the furnishings supplied by Sander
son and other contractors will be produced by
the commonwealth before the jury, and experts
will be called in attempt to show that they
are not up to the specifications, and that the
prices were excessive and not according to con-
tract. Experts in metallic and wooden furni-
ture marble and other furnishings, viii be called
as witnesses by each side.
Shumaker was taken i'll during the legislative
investigation last spring, and up to yesterday
had been confined his home at Johnstown
with multiple neuritis. His attorneys and ply
sicians said he was not able to stand trial, but
Judge Kunkel refused TO continue the cases
aganst him, and he came to Harrisburg yester-
day The other defendants and their lawyers
are here tonight prepared TO go to trial