Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1910-10-15
HUSTON REFUSED
A new TRIAL
Pennsylvania Capitol Architect
Loses His Appeal
SAYS JURY Old ITS DUTY
Judge kunkle Declares Acceptance Of
"Fluke" Verdict Was Impossible
Huston Mus, Appear Saturday For
Sentence.

Huston Must Appear Saturday Fot
Sentence.
Joseph VI. Huston. OF Philadelphia
architect Of the new Pennsylvania
state capitol. who was convicted April
- OF conspiracy TO defraud the state
IN knowingly certifying to the correct.
ness OF false and fraudulent bill. was
refused new trial.
The opinion "as handed down by
Judge kunkel. president OF the Dau.
phin county court at Harrisburg, Pa.
before which Huston was tried
The Judge directs that Huston APP
pear on Saturday morning. Oct. 10. at
10 O'Clock Tor sentence.
The opinion is a long one. embrac
ing more than seven pages OF closely
typewritten matter and is understood
10 have been in course OF preparation
Tor weeks
The Judge takes up the arguments
for a new trial in order and discusses
them at great length. He upholds his
course in admitting the testimony OF
Mercer. the Doviestown man. and Hol
den. the furniture manufacturer. and
holds that Illusions certification oil the
$4,000 and $4,000 warrants for San
derson to enable the contractor TO oh
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 certifi
cate was necessary" for Sanderson tc
obtain any money.
The judge dismisses the exceptions
to his charge as not well founded and
says that as 10 the part relating &c
Illusions reputation that the court had
told the jury TO consider what had
been. so as to get the benefit OF any
reasonable doubt for the defendant.
Discusses "Fluke" Verdict.
Judge kunkel deyotes three pages te
discussion OF the criticism of his
course In refusing 10 accept the
'fiuke" verdict OF guilty given by the
trial jury when II found Huston guilty
OF fraud but not OF conspiracy. He
holds that the verdict was irregular
and that 1t 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 to such declaration. and
OF what was done the defendant has
no right to complain.
I'VE see no reason for disturbing
this verdict" says the court The de
PENDANT had a fair and impartial trial
The difficulty they 1.-THE jury seem.
ed to have was upon the question OF
his guilt of conspiracy, but when their
attention was called to the issue con
tanned in the indictment and TO theii
duty respecting il. they gave II full
consideration. and each juror declared
the defendant guilty
1T was but a short step after they
were satisfied OF his guilt of fraud &c
a verdict of guilty OF perpetrating the
fraud as a party 10 the conspiracy, OF
which he admitted those jointly in.
dicted with him were guilty. unless
they believed that he was getting
fraudulentiy independent OF the 9th
ers. which is hardly conceivable"
Huston is now under 100000 bail foi
further appearance in court. the court
having demanded $1,000 security or
each OF thirty indictments after his
conviction.