The Marion daily mirror. (Marion, Ohio) 1892-1912, 1912-03-07
EVIDENCE
Continued from Page One.

| lUllh lAtAi iA1NAA 'hhiANsf -
ative, to influence his vote on the Ce-
tone-Whittcmore insurance bill.
Counsel for the accused senator in
eist that il a consiparcy really exist
cd It was between Detective Smiley
ard Rodney j. Diegeh sergeaht-at-
arms of the senate, wno vas conNlc'eu
nc an alder and abettor and is now
serving a three-year sentenance III the
lr,nitentiary and with Senator An
drews as an intended victim, insteau
O, as part Of the conspiracy
Defense Raises objection.
objection was mace to Detective
Smiley relating statements OF wha'
Dicgel had TOLD him regarding Senator
cetone's alleged attitude toward ae-
ccpting Tribe and the court temper
arily sustained the objection Inc
proposition will be passed upon To-Day
Lv Judge Dillon.
Senator Andrews and his counsel are
elated over the result of the test made
Of the dctagraph yesterday Ihey
contend 1t Il failure and proves the IN
strument is a fake an attempt wliI
bc made to have the transcript OF the
dictagraph evidence OF the happenings
in Detective Smiley's room at the emit
tendon Hotel, where Senator Andrews
Is alleged to have accepted money
from the sleuth ruled out.
on this proposition it is expected
that the greatest bat;.s viii be fought.
The state will uphold its competency
BY reason of it being sustained through
all the courts in the Dlegel case.
states attorneys contend the test
yesterday was made under adverse
circumstances They say the noise
In the courtrooms, which were used In
the test partially drowned the sound
and made 1t impossible for the receiv-i
inc stenographer to catch all that was
said.
Senator Andrews stood close to the
stenographer at the receiving end and
smiled contentedly whenever 1t was
apparent the stenographer was not
hearing all the conversation. The
state will ask that test be made with
new instrument today, as *. NJ. Tur-
Ler, inventor of the instrument, testi-
fed that age weakened It's conductive
powers.
Tells OF Meeting Andrews.
Detective Smiley, whose failure to
arrive Tuesday cause- a continuance
of the case until yesterday. took the
stand early in the afternoon.
Mr.. Smiley's testimony on direct ex-
animation by Attorney General Hogan
was Identical with that given in the
Dicgel case. He related his meeting
with Colonel Diegel. April q, and said
arrangements were made for Diegel to
deliver him four votes to get the bill
out of committee.
| He said he had talked to Senator
Al drews over the telephone and ar
ranged for a meeting at the Chitten-
den Hotel. Andrews, he said, coming
after the appointed time, failed to see
him and left note explaining that he
would have TO catch train for home
but would see him the next Monday.
Smiley said he introduced himself to
Andrews, who had been pointed out to
him.
~ told Mr.. Andrews that wanted
to see him in my room and we took
the elevator for Room 317," Smiley
testified.
In the room. he said the following
conversation took place between him
end MIR. Andrews;
Senator Andrews, Colonel Diegel |
seys you are all right and believe |
you are"
"Yes, Diegel and I are friends"
do l understand this 5000 Is for |
getting the bill out of the commit
tce?"
That's all l want for myself but
there are three Of us who always |
stand together and we split three
Ways"
Il then took a roll OF bills out of
my pocket and handed him four ff-
ties. Andrews then started TO go and
told him l was very glad he came
w." said Mr. Smiley.
Interested spectators at the trial
yesterday were Mrs. Rodney j.. Diegel
ard daughter Patricia. The courtroom
vas crowded throughout the day.
Attorney Con ]. Mattern OF Dayton,
who appeared in the Diegel trial lined
M with Mr.. Andrews counsel yester-
day. 1t had been reported that he
would not participate in the Andrews
trial.
II Is probable that the state viii con-
clude Its Testimony today.
The ury is at the Southern Hotell
under guard Of three special deputies.
.lt VIII be kept together during the re-
meinder OF the trial