The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1910-10-06
.PYTH|AN TRIAL "
IS WARMING UP
Two Sessions Held. Both Blocked by
Questions Of Legal Procedure.
FACTIONS IN RANKS OF LODGE
Present Trial is Due to Conflicting
Forces-Ward E. Ferguson Was
Accused OF Devoting Lodge
Funds in Aid Of His Side.

Des Moines, Ia, Oct Especial:
! The defense drew the first breath in
the trial of the past grand chancel-
Tors OF the Pytnian Lodge this morn
ing when the Grand Tribunal which
is hearing the case decided that Carl
F. Kuehnle could be put on the stand
for the prosecution. Ward Ferguson.
who is witness, C.. c. Doweli, John
Merckens, DR.. F. S. Cole and w. d.
Luney were on the stand this morn
ing and they gave evidence as to
what had been said and heard by the
| famous circular letters which form
the basis of the charges. Only five
of the past grand chancellors are on
trial, the charges against Mr.. Gamer
on of Davenport and Mr.. Blake of FIT.
Dodge having been dropped or post
pOned. Members of the tribunal say
that the trial will be closed Thursday.
| Des Moines, Ia, Oct. 5.-Special:
A protest by the defense against the
offering of testimony by Carl F.
Kuehnle of DenisOn, one of the past
!
PythiaS being tried in Des Moines on
the charge of alleged SANDER instigat-
ed by Ward f. Ferguson of ROlfe, Ia,
is understood to have caused dis
ruptiOn during the afternoon session
in the case yesterday. After Mr..
Kuehnle had been sworn and had TAX
en- the stand, ii is said that Attorney
Springer for the defense objected to
the procedure, claiming that a defend
ant was not obliged by law to give
testimony that might incriminate
himself.
In refuting this point, 1t is said that
Ben 1. Salinger. attorney for the pros.
ecution, held that he did not desire to
cause the witness to incriminate him
self on the stand, -but only wished to
bring ont the facts of the case. He
also held, it is said. that the objection
should have been made before the
witness had been sworn and that, &C
cording to legal procedure. the judge
could not sustain such an objection
after the witness had taken the stand
to give his testimony.
Tribunal Adjourns.
In order TO settle the question, the
tribunal adjourned until this morning.
Attorneys were given an opportunity
10 prove their points and it is under
tstOOd that both the defense and the
prosecution devoted the evening to
! searching for legal substantiation of
| nj
Two questions. involving points Of
legal procedure, practically sidetraCk
ed any appreciate progress in the
trial which opened yesterday morn
ing. Two sessions were held before
the grand tribunal during the day.
Both were blocked and adjourned
early TO await settlement of legal
phases entering into the case. 1t is
probable that the arguments of the
attorneys before the tribunal will be
held this afternoon and the case will
be settled possibly yet this evening.
The morning session was adjourned
to settle a dispute over a technical
point in preferring the charges. The
defense is said to have found a loop
hole in the charges and declared that
mistake in drawing up the charges
made it impossible to hold the de.
PENDANTS. Following the meeting,
however, the tribunal decided in favor
of the prosecution and the case was
resumed in the afternoon.
Startling Testimony.
I Startling testimony was produced
during the afternoon, according to re-
ports. 1t is understood that DIR. l.. r.
Ames of Knoxville testified that dur.
ing the convention in Sioux City he
had seen the letters in which the
grand chancellors had accused Mr..
Ferguson of alleged misappropriation
of lodge funds and had heard the past
grand chancellors discussing the sit
uation in hotel lobby, declaring that
they would defeat DR.. j. n. Mccoy
Iof Corydon in his candidacy for the
grand chancellorship. DIR. Mccoy is
supported by Mr. Salinger, who is a
powerful factor in Iowa Pythianism
and was successful in the election.
To strengthen proof to the effect
that he had not been in any way ben.
Gifted by lodge funds it is said that
Mr.. Salinger testified that he paid
his own hotel bills even while a del.
egate to the grand lodge meetings. II
Is understood that he produced re
ceipts of hotel bills which he settled
. personally.
John II. Merckins, who was grand
) keeper OF records during the time OF
1.-The alleged Interpretations is said
to have testified that not dollar OF
lodge funds was spent for the politi
cal benefit of any lodge member. Sen.
ator r. NJ. Molsberry of Columbus
Junction is said to have cross-ques,
! toned Nv. Merckins closely on this
issue. but the witness Is understood
to have referred to the fact that q