Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-05-01

The session or court lasted only snort
time and the circuit court was adjourned
until May Is at two o'clock in the after
noon.
THE FAMOUS ALLEN TRIAL
STARTED.
At 910 o'clock yesterday morning Dis
trict Attorney j. l.. Martin of Brattleboro
took up the case Of United States against
NJ, II. Allen for abstracting and aiding and
abetting the abstraction of money from
the Farmers National bank of Nergennes
Attorney +. S. Plat of Poultney stated
that the respondent would waive the read
Ing OF the indictments and Governor Allen,
who stood within the rail was asked
Have you read all the indictments with
which you are Charged
Il have" was the reply in a firm voice.
do you know what they contain?"
Il do
do you waive the reading of these in
dictments?"
II do"
ITO what do you now plead, guilty or
not guilty."
Not guilty"
At District Attorney Martins request the
indictments were consolidated and after
the jury was called and sworn, Attorney
Martin made a statement for the govern
ment and was followed by r. S. Plat in
behalf of MIR. Allen.
JUDGE wHEELER's STATEMENT.
At the close of their remarks Judge
Wheeler spoke as follows:
IF i understand you in your statement
the evidence of abetting would be for aid
ing in the abstraction. through these in
creased credits put to his amount, and
then by drawing it out by checks?
Yes. your honor" from Mr.. Martin.
Which of itself, IL the knowledge of ii
IS proved, would of course show that he
was credited on the books Of the bank with
money and knew it-money that he did
not put in and drew it out by checks. 1t
would show that he distracted money
from the bank. That is plain enough, but
II l understand your statement these
checks were treated as paid. some many
times over?"
Yes. your honor"
''Then instead of his checking this
amount out. 1t was checked out by
duplicated payments, or multiplying the
payments Of his checks, so that when you
lay the case before the jury. as to that,
that is the way it will stand. You have no
evidence to convict him OF the duplicating
of any OF the checks''
None at all. your honor"
III that is all there is to this, from what
have seen In the preceding trial here
cannot see how this would be sufficient 1t
would be only a waste Of time to stop and
lay this before the jury. 1t wouldn t
amount to anything. 1t wouldn't show him
guilty of anything. If it showed anything
wrong in any way. it would be having too
much confidence in other folks and not
keeping his own bank book. That is where
the shortage is if anywhere"
"f course a man can do as he has a
mind to. trust a man to keep the books
and keep a book himself, which would be
check. The preceding trial has shown
that manipulations were made in accounts
when the men inside the bank knew they
Che depository were not keeping track of
It themselves. Men that they could impose
upon. If they had kept track OF it, the
depostors or Governor Allen wouldn't lose
or make anything. The banks money
would get out--that wouldn't affect Cover
nor Allen II they 0he bank employees
drew 1t wrongfully, and would not benefit
him in any way unless his amount was put
in at more than he paid out.
1.-The result of all this seems to be that
Governor Allen has made nothing out of
all this and knew nothing about It. but was
trustful and did net keep book. It is
not for me to say whether II is a good way
or not. All we have to do Is try this case.
If there isn't anything but this ! should
not lay anything before the jury. 1t Is
not the duty OF the court to lay questions
before Jury when there isn't any ques-
ton.
ION your statement. as it is, If it is not
TO be varied in any way, we shall take a
verdict Of not guilty
fin, president of the Lincoln Iron works
and chairman of the States prison board
and the jury was at once discharged and
paid. Governor Allen was kept busy for
the next ten minutes receiving the con-
CALCULATIONS and best wishes of his friends
The verdict was evidently no more than
he had expected yet his complete exonera-
ton by Judge Wheeler was gratifying to
him. Mrs. Allen heard the statements of
the court with smile of pleased content
Governor and Mrs. Allen returned to their
home at North Ferrisburgh on the after.
noon train.
SENTENCE OF KETCHUM.
At 932 o'clock the district attorney took
up the case of the United States against
John w. Ketchum and moved that the re-
spondent be sentenced on one of the indict
ments. Ketchum had meanwhile taken his
place in the prisoners pen The court ex
planned that when the case was tried ths
indictments were consolidated. but the Law
permitted sentence to be given as II thel
had been separate. He directed that
nole prosequi be entered in the counts
where the respondent was charged will
aiding and abetting Lewis In abstractini
money for as the court explained the pris
oner had been found guilty of abstractinl
the items mentioned himself
The court turned to the prisoner at thu
bar and ketchum was asked II he had any
thing to say why sentence should not b'
pronounced. As the respondent arose h,
grasped the rail before him and steadyini
himself by it glanced for moment at hi
counsel and then at the judge. He appa
rently did not comprehend the question foi
he first nodded his head and then shook it
slightly In the negative. Again he glanced
N ~ in 2nnea} ~ I'M G6l1nSn1 anH 1kol1t