Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-08-31
Evading Service Of a Subpoena
to Appear before Investigat-
ing Committee.
EVIDENCE FAVORS CAKES
Made a Better showing NJ RcsunptiOn
of Hearing on states Prison AZ.
tairs-F. W. Flint lcx plains Mr..
Oakes's Milengcs - Mrs,
Cakes Testines

Bellows Falls, Aug. 24.--Shehff Peck
of White River junction was a much
wanted witness before the states pris-
on investigating committee here this
morning. His testimony is desired in
unwilling the Lowell Batchelder con.
troversy. lie is regarded as star
witness and the efforts to serve u sub
poena on him for the past two days
have been unsuccessful. 1t is stated
in White River Juntion that he does
not intend to testify before tho COM
niittee and his absence to-day has
evoked much comment from the Off
Gals here. The session to-day was
rather in favor Of ex-Supt. Cakes, but
little of material Importance developed
The first witness called this morn
Ing was g. II. Gurnsey of Windsor,
commercial traveller for the Twitch-
Ri Champion company of Boston, from
whom Mr.. cakes bought some of the
groceries used at the states prison.
Mr. Gurnsey said he had had done
business with the institution for the
past 1S years. and always gave the
State the lowest possible prices, lower
even than those given retail dealers.
Mr. Cakes also gave personal orders
which were sent with the State goods
Mr. Harpin also occasionally ordered
goods. AS far as Mr.. Gurnscy knew
Mr. Cakes was very shrcwd and care
full buyer. his aim being to get the
best goods for the least money. The
witness had known OF friction between
the superintendent and warden only
by outside talk.
Frank w. Flint of Windsor said he had
known Mr.. Cakes for 25 years. He had
been to Sunapee lake with the family and
had helped unpack the trunks. They took
over only enough food to start house
keeping at the lake. He had sold a COW
TO Mr.. Cakes for $25. which he considered
a prudent purchase. as il was less than
the COW was worth.
THE MILEAGEs.
'rhe witness gave his story about the
mleages purchased June a. 1902, when
Mr.. Cakes went to Sunapee. He said he
was with Cakes when he purchased them,
ono for himself and for the State. Cakes
told Mr.. Hazen, the station agent that
one was for the prison and to give the
receipt TO the prison clerk. Mr. Hutchin-
son. The witness asked him why he
uouHHt oHc lOI IhHStII, OdhcS Sdlu ne
used ii when he went on private business.
Flint told him if he was in the employ of
the State he should expect the State to
pay all railroad fares in what ever capac-
ity he might be travelling. Witness re-
Mr.. Cakes.
For a long time during the administra-
ton of governor Bingham" Cakes had
pass on the Central Vermont railroad. At
the death of the governor the pass was
called in. The witness. who was then a
conductor on the road went to the off,
Gals and asked that he might still have
a pass. The officials told him they could
not do it but gave him a mileage ticket
Mr. Cakes would not accept it MS he did
not wish to he under obligations TO the
railroad Tho witness said he could see
no difference between the free mileage
ticket and the free pass. but Mr.. Oakcs
considered there was a distinction.
Mr.. Flint said he was not very we'll
acquainted with Mr.. Harpin but
thought he wanted to be superinten-
dent. He thought Warden Harpin did
not always perform his duties as he
should. lie was a little reluctant TO
give the reasons and when urged by
Attorney Fits said that Harpin did not
visit the prison shop every day and
that he had once found him asleep in
his chair. He didn't know of fowls,
groceries or supplies being taken to
Sunapee.
The witness was day guard in the
death ward Of Mary Rogers before the
Irst reprieve during which time she
vas never out OF his sight during his
hours which were 700 a. m. to 1880
/. m, and 100 p. m. to 600 p. m.
MRS. CAKES 1EsTIrILs.
Mrs. f. A. Cakes. wife OF the superin.
tcndent. was the next witness. She testi-
fed that she had been in poor health for
the past eight years. Her huhand was
the first to tell her tina: her name was
On the pay roll. When asked II she had
Any additional duties she said she did not
know as she had hut the naatron called
Upon her when there was any necessity.
Mrs Cakes denied emphatically that she
svcr told Mr.. Hutchinson that she felt
guilty ir taking her salary. MIS-. Cakes
taid they only took food enough TO
Sunapee to last few days until they
could get settled. Said she supposed she
Always Travelled on private mileage as
,hc took 1t from the desk where the pri.
vate miicages were kept
when she went to Woodstock she took
gc> cral times when her daughter was on
meat diet. some round steak to her
md the daughter took home some canned
tongue once. Said her son. Luther. never
tonk State stationery and stamped en-
velopes 10 her knowledge. She testified
that Mr. Cakes spent all of the day and
part Of the night in the service Of the
state. When asked If 1t was true that
the work at the prison could have been
we'll done in a short time she said she
could not express her Indignation at
such a report as 1t was very. very false
fhc knew OF the friction between Cakes
and Harpin only indirectly. Judge Pal
MGR, counsel for Oakes, examined the
witness, attempting to show that both
Mr.. and Mrs. Cakes had given the best
part of their lives in tire service OF the
State. AS both had lost their health dur
ing the time.
Daniel Payson. a member OF the prison
choir for Is years. at 81 a Sunday was
called. In previous testimony II had been
brought out that he received pay while
away on a vacation. He testified that he
had not done 30 unless he furnished Q
ubstitute. He said he had never used
the prison team and convict labor unless
he paid for 1t.
M. O. PERKINS HEARD.