The free lance. (Fredericksburg, Va.) 1885-1926, 1910-10-15
REFUSED RE-TR|AL
Judge Declines Petition of
Joseph NJ. Huston.
WILL BE SENTENCED SATURDAY
Finds "Fluke" Verdict Against Penn
Sylvania Capitol Architect Was
Impossible of Acceptance.
Jury Did It's Duty.

Harrisburg. Pa. Oct l3.-Joseph NJ.
Huston, OF Philadelphia. architect Of
the new state capitol. who was con.
Victod April 20 OF conspiracy to de-
fraud the state In knowingly certify
ing TO the correctness OF false and
fraudulent bill, was refused new
trial
The opinion was handed down by
Judge KuDkel. president Of the Dau
phIn county court. before which Hus
ton was tried
The Judge directs that Huston ap-
pear on Saturday morning. Oct -, at
10 o'clock for sentence.
The opinion is long one. embrac-
ing more than seven pages Of closely
typewriter matter and III understood
10 have been in course Of preparation
for weeks.
The Judge takes up the arguments
for "A new trial I'm order and discusses
them at great length. Re upholds his
course in admitting the testimony Of
Mercer the Doylestown man. and HOl-
den the furniture manufactures. and
holds that Illusions certlfcation OF the
$4,000 and $4,000 warrants for San
dcrson to enable the contractor TO OBJ
tain money from the commonwealth
on his contract early In the transac-
ton are held By the court to be
competent evidence to show that the
defendant understood that his certlh.
cate was necessary for Sanderson to
obtain any money.
The Judge dismisses the exceptions
10 his charge as not well founded and
says that az TO the part relating to
Illusions reputation that the court had
told the Jury TO consider what had
been. 80 as to get the benefit Of any
reasonable doubt for the defendant
Discusses "Fluke' Verdict
Judge Kunkel devotes three pages to
discussion Of the criticism OF his
course N refusing to accept the
"nuke" verdict OF guilty given by the
trial jury when il found Huston guilty
OF fraud" but not OF conspiracy. He
holds that the verdict was irregular
and that It could not have been &C
cepted.
Under the circumstances the Judge
says there was nothing else to do than
to refer the verdict back to the jury
with instructions that they should
clearly and definitely declare their
meaning.
The commonwealth. the judge holds.
has a right 10 such declaration. and
OF what was done the defendant has
no right to complain.
we see no reason for disturbing
this verdict" says the court. The de-
PENDANT had a fair and impartial trial
THE difficulty they Cthe jury seem
ed to have was upon the question OF
his guilt Of conspiracy. but when their
attention was called 10 the issue con-
tanned in the indictment and to their
duty respecting It. they gave It full
consideration. and each juror declared
the defendant guilty.
1t was but a short step after they
were satisfied OF his guilt OF fraud 20
a verdict OF guilty OF perpetrating the
fraud as a party to the conspiracy, Of
which he admitted those jointly in
dicted with him were guilty. unless
they believed that he was getting
fraudulently independent Of the 9th
ers. which is hardly conceivable"
Huston Is now under 100000 bail for
further appearance in court. the court
having demanded $1,000 security on
each of thirty indictments after his
conviction.