The Birmingham age-herald., 1908-01-29
HUSTON WILL BE
 STATES WITNESS PhiIadeI phia Architect Is Under
 Protection
TRIAL ATTRACTS CROWDS
Prosecution of Those Accused of Graft In Connection With the Pennsyl-
 vsna Capitol s Expected
 To Develop Sensations.

Harrisburg, Pa, January 2s.-The plan of defense in the capitol prosecutions has been changed completely by the action of Architect Joseph NJ Huston of Phila- oelphia in securing a separate trial with the consent of the commonwealth. Illus tons action would seem that he had an agreement with the commonwealth and will be one of it's principal witnesses. The attorneys on both sides will not discuss this phase of the case, only to say that Huston has been subpoenaed as wit ness for his co-edefendants, Contractor John H. Sanderson, Former Auditor Gen eral William P Snyder, Former State Treasurer William L. Mathues and James NJ. Shumaker, former superintendent of grounds and buildings.
 Huston has been in Harrisburg since Saturday with his attorneys, George s. Graham, A. s. L. Shields and Samuel L. Clement Jr., but has not appeared in court. Owing to the physical condi- tion of Shumaker who has been i'll since last spring he has been excused from attendance at court The other three de- fendants were in court again today and naturally took an active interest in the
 
 proceedings
 Should Huston be called as a witness for the commonwealth the defense will try to break down his testimony by att tempting to show that he certified to the quantity and quality of furnishings SUD- piled by Sanderson and that the bills were approved by Shumaker and Snyder and paid by Mathues, on the strength of the architects certificate and that if there was anything wrong he is respon- sible. Hustons action has intensified public interest in the trial and the count room was crowded with lawyers nd spectators today soon after tie doors were opened.
 The case now on trial involves pay mants by the state of $49,417 to San derson for sofas, tables and clothes trees. The articles were paid for at the rate of s1S.40 per foot" and it is alleged by the commonwealth that frauds to the amount of $19 30S were perpetrated. James Scarlet, in open ing for the prosecution today. outlined the commonw ealth's case and what it expected to prove
 The appearance of Stanford B. Lewis, active assistant of Architect James H. Huston during the construction and furnishing of the capitol, as a witness for the commonwealth at the trial of the capitol graft prosecutions In the Dauphin county court today, tends to confirm the rumor that Huston had an understanding with the commonwealth and will be one of its witnesses. Lewls called to identify the plans and speci fications prepared by Huston for the furnish ings of the capitol and also to explain the quantities plan, upon which orders were given for furnish ings. He was cross-examined by P. E Rothermel of counsel for Sanderson and was on the stand when court adorned for the day. Lewis is unde indictment on two charges of conspiracy in con nection with the alleged capitol funds.
 Hustons brother, the Rev. Samuel c. Huston, came here today from Phila- delphia on a subpoena issued by the commonwealth and will be called as witness tomorrow The architect .s still here but was not in court today and will probably stay away until he is called as a witness. His attorneys were in court all day but took no ac- tive part in the proceedings.
 Counsel for the commonwealth still de- cline to discuss the action of the archi- tect in asking for separate trial or to say whether he will be a witness for the prosecution. Today's sessions of court were devoted by the commonwealth to laying the foundation of its case. James Scarlet, in his opening address to the jury said the commonwealth expected to prove that the defendants, Contractor John H. Sanderson, former Auditor Gen. eral William P. Snyder, former State Treasurer William L. Mathues and James M. Shumaker, former superintendent of grounds and buildings, conspired to cheat and defraud the state in theapayment Of the bills for the capitol furnishings. John F. Stott, former secretary of the board of public grounds and buildings, who was on the stand for an hour under examination by the commonwealth, seemed reluctant to identify certain plans and specifications prepared by Huston. He could not recognize, them as having been seen by him before. These plans were in the possession of the board. and it appeared to the prosecution that Stott as it's secretary, should have had access to and been familiar with them. Stott was also examined as to the official signatures to capitol furnishings contract in order to legally establish them as exhibits dur ing the trial.