The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-06-29
JUDGE DENIES
DIEGEL'S PLEA
Says State Warranted In
Trapping Legislators.
DEFENSE OPENS ITS CASE

Senator Andrews. United Joint In
dletment With Accused Assembly
Employe, Takes Stand In His De
half and Declares He Went TO Chit
tenden Hotel on Direct Invitation
From Burns Deteetlve--Mahy Char
soter Witnesses Appear.
Columbus. o. June 29--In
hngthy opinion Judge Kinkesd held
for the state and overruled the mo.
tion that the court direct verdict Of
acquittal for Rodney J. Diegel on
trial for alleged bribe-soliciting. The
court held that enough evidence had
been introduced to show that there
had been Irregularities in the lcgis
lature before the trap comrlained OF
was laid. thereby iustlfying the state
in its entrapment.
The Jury was then recalled AMI the
defense opened its case by placing
Senator John ~ Stockwell of Cuya-
hoga county on the stand Stockwell.
who is a lawyer. said he was chair
man Of the insurance committee. VITA
Senator's George X. Cetone. L. II. An
drews and Isaac f. Huffman. who are
Jointly indicted with Diegel
Did Cetone try to have the com.
mittee act on the Cetone-Whittemore
Insurance bill?" asked Attorney John
A. Connor. yes" answered Stock
well.
Isn't II a fact lie wanted favorable
action on the bill?" continued Con.
nor. The court sustained the states
objection.
Did Senator Andrews ever men.
tlon the bill to you?" interrogafed
Connor. "Nover."
Did Dicgel ever mention the blll?"
Judge Kinkead ruled out the ques.
tion.
Did Senator Huffman evcr men.
tion the bill 70 your" Eyes"
did he want favorable or 'mfavnr-
able actlon?" The court sustained
the states objection. ,l. I.I
All this conversation. the witness
said. took place about April 90 be.
fore the ChIttenden entrapment was
sprung. r..nru
On cross-exanination Stcckwell
said that he was at Cleveland on
April 81 and 2s. when the bribes are
alleged to have been accepted at the
Chittenden hotel. and that the Ce-
tone-Whittemcye blllwas locKe1 up In
HIS desk This is the bill In connec.
tioh with which Diegel and Senator
Andrews are indicted.
! Senator Andrews on Stand.
Senator Andrews. who Is inder In
diotment for accepting tho bribe
which Diege is accused of soliciting,
took the stand and testified taat he
went TO the Chlttenden hotel at the
direct invitation OF Detective Smiley
tHarrisonl over the phone. and not
through Dlegel as q go-between
"I am 46, and have four children"
Andrews testified. ."I lived on a farm
until | was IA. am a LAWYER and
was formerly referee in bankruptcy
and prosecuting attorney Of lawrence
county"
Andrews said he was a member OF
the Insurance committee. and that he
knew the other members When the
indictment of the Legislators came
up, Andrews referred to II Gs "an
unpleasant transaction"
WAS there an effort made fellow
ing or prior 10 the 'unrleasant trans
actor TO vote tae bill out Of the
cJmmlttee?" asked Attorney Pelcher.
"Not that | know Of" answered An.
drews.
Andrews then denied that he had
ever solicited or accepted cent
from Smilev or anvone else.
Judge A. b. Norris former common
pleas and circuit Judge, and prose
cutting attorney CT Marion, was called
as a character witness. He said he
had always considered Diegel, who
formerly lived at Marion. to be hon
est and Industrious.
DR.. James a. Norton. who is also
an attorney Ct Clifton CITY was the
next character witness Hc said he
had known Diegel for 20 years and
that he had never heard ANYTHING
against him.
William Debnel. vice president OF
the Cedar Point company for whom
Diegel formerly worked, and Judge
> George c. Beis. former city solicitor
and probate judge at SandusSy, also
rpoke we'll Of Diegel
Allen E. Beach. newspaper man
was the next witness, He said he
had been a statehouse reporter for II
years and that lie considered Diegel's
reputation good.
Joseph II. Newton. 75, Newark
, newspaper publisher, also said he
considered the defendants cnqractel
good.
\ HeNuINeP Duel