Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1904-11-11
WILL FARRAR GO FREE7
Case OF Embezzllne Teller Of First Nation
al Bank Of Waterbury Hinges on In
terpretatlon Of Law.

al Bank Of Waterbury Hinges on In
depreciation Of Law.
Upon Judge Hoyt II. wheeer's con-
struction of Chapter 1140, laws of the
57th Congress-, first session, hinges the
question of whether Teller John c. Far
rar, who has served six years for embez-
cling funds of the First National bank
of Waterbury, is given his liberty or Is
returned to the house of correction to
complete his sentence United states
District Attorney ]. l.. Martin refuses
to construe the statute because of its
apparently contradictory provisions, Con-
gresham Kittredge Hasldns, who was a
member of the 57th Congress, will not
venture to interpret 1t, and so, in street.
vernacular, II is up to- Judge Wheel
err A hearing on the question was held
in Mr.. Martins Office In Brattleboro Mon
day forenoon. Mr.. Farrar and his at
torney, l.. c. Moody of Waterbury, were
present also d. L. Morgan, superintend-
ent of the house of correction at Rut-
land.
The amount of Farrars defalcation
| was about $31, 900. In 1898 he was SEN
| fenced to seven years in the house of cor
| rection, and since the beginning OF his
! sentence has ranked 'at the head of his
| class" for good behavior. The state law al
| lows deduction OF five days for each
month from sentences of prisoners whose
| behavior is satisfactory, and under the
law Farrars sentence would expire next
| July
During the latter part Of last month
Farrar's father met death by accident
| and District Attorney Martin allowed Far
rar TO go home, in charge OF keeper
to remain until after the funeral. While
Farrar was home he petitioned Mr.. MARTYR
for release from prison, claiming thai
| he was entitled to his freedom undel
| oh Dtar 40 Of the of the b7th Con
gress which. II 1t applied to his case
would cause his sentence to expire Oct
"a. Mr. Martin read the statute care
fully and reported to Mr.. Farrar thai
it's provisions were not clear and that h'
would not be responsible for constituting
them. He suggested that a petition for G
writ OF habeas corpus be made to judge
| Wheeler, which was done, and judge
Wheeler set the hearing for Monday o
this week
Section / of the act referred to reads
Each person who has been or shall b.
hereafter convicted Of any offence agains
the laws OF the United States. and II
| confined, in execution OF the tudgmen
or sentence" etc, whose record OF con
duct shows that ne has faithfully OBJ
served all the rules and has not been sub
jected to punishment. shall be entitled Il
a deduction from the term OF his sen
tence," etc. The deduction for sentences
of not less than FIVE years or more thar
10 years is eight days for each month
three days a month more than the com
mutation given by the state law. Sector
of the same act provides that this &C
shall apply only to sentences imposed b!
courts subsequent to the time that thi
acts takes effect" Mr.. Farrar claimed
that the words has been" and us con
fined" in section l applied to his cas-
and entitled him to his liberty.
District Attorney Martin was unable
to attend the hearing being away oil
another case. and Judge f. l.. Waterman
appeared for the government. He mad
no contention except that the statute wa
not clear and stated that the construc
ton of the statute rested with the court
Judge Wheeler admitted Farrar to bal
in the sum Of $500. which was furnished
by Lawyer Moody, and took the cas-
under advisement.