The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-12-03
Is Of Material Assistance To
| CetOne
Evidence Of Plot Reed Out IN
the Bribery C,sl
STATE ATTORNEYS ARE UPSET

Claim Common Pleas Judge Has Over
ruled the Supreme Court and VIII
Garry UP Exceptions Immediately.
Representative Nye Repeats Comics
sion, corroboratins Detective smi.
ley and the oietasraph.
Columbus. o.. Nov. 30. - The two
state attorneys in the Cetone bribery
case are much exercised over a ruling
Of Judge Evans. who 10 sitting in the
case.
According to the judges decision
the state will not be permitted to show
that accused Legislators, particularly
Senators Huffman and Cetone and
Rodney J. Diegel. senate sergeant.at.
arms. entered into a conspiracy imme-
diately after the bribery exposure to
fix up q line Of defense whereby they
hoped to be able to combat prosecu.
tion successfully.
The trouble started when the state
placed Senator William Z. Haas Of
Delaware on the stand to testify as
to the talks Huffman. Cetone and Die
gel had with him relative to going to
Senator Huffman's room at the vir-
Ginia hotel and preparing a defense.
Because Senator Cetone did not
mention Diegels name when Senator
Haas says Cetone asked him II he
were going to Huffman's room, counsel
for the defense contended that there
was no evidence of a conspiracy, as
Senator Cetone might have wanted
Senator Haas to 60 to the hotel room
to talk about the weather or any
other subject having no connection
with the bribery exposure. Judge
Evans held with them.
State attorneys contended that the
supreme court had included Senator
Cetone in its ruling on the question
Just as much as II included Senator
Huffman, because the two solons'
names were used together Jointly in
the decision. which had referred to
them all'' and. together with Diegcl,
a. "all three"
The state also contended that Ce.
tones question to Senator Haas, Are
you going down to Huffman's rcom?"
suniciently implied that Senator Ce
tone knew that Senator Haas had
been acquainted with the purpose for
which his presence was wanted. The
state attorneys will carry up excep
tions at once.
Nye's Testimony.
Those who had expected Senator
Cetone's counsel to give Representa-.
tive George B. Nye Of Pike county,
who recently confessed to having ac.
eepted bribe from Burns detectives
and that his annual legislative graft
amounted to $4,000. a severe cross.
examination. were fooled. Thoy d.i
not attempt to cross-examine him on
his testimony, but asked him II ne
had not confessed, and II the reason
he was testifying for the state was
because he had been promised immu.
nifty. Nye admitted he had expected
clemency.
When called for direct exam.
ination, Nye kept the court wait.
ing a few minutes while he brush
ed his hair. He seemed nervous when
he took the stand. The direct exam.
ination was brief. He identified both
Cetone and Smiley, and then Turner
asked: Ibid you see Smiley and Ce.
tone together on the evening Of
April 27?" Nye replied that he did
end that 1t was in Smiley's room at
the Chittenden hotel between and
o'clock. He sale Cetone and Smiley
were in the room when he arrived and
that later Diesle and Huffman came
in.
what did you do then?" asked the
prosecutor.
IT Immediately left" answered Nye.
Nye's testimony is corroborative Of
that given by Detective Smiley and
the dictagraph stenographer.