The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-11-14
CLAIM STATE HAS
MADE OUT NO
CASE
Towards Lawyers Ask for a
Verdict for Defendant
EVIDENCE IS insufficient
Ex.Commissioners Attorneys Assert
Auditor Acted Judicially in Allow.
ing Accounts.

Newport. Nov. 13.-The second day
of the trial of State VS.. George f.
Howard closed with all the evidence In
on both sides and as the court had ex'
cused the jury, a motion was made by
John Young that the court order YER
dict for the defendant on the ground
that the plaintiff had not offered eyi-
dence sufficient to warrant verdict
for the state. The court took the mot
ion under consideration and will give
its decision tomorrow morning
The rather tedious proceedings OF
examining the vouchers and expense
accounts of Howard and Bingham
were relieved by some lively sparring
between Fits and Stickney.
Two hours of the morning session
were spent in examining the different
items in the states specifications OF
which there are nearly 5000.
Great emphasis was laid throughout
the day as TO what the commission
was doing on the day of the republic
an state convention June 20, 1906 and
the testimony of the three commission
ers was somewhat contradictory.
Howard testified that he was at the
Office at the state house with the rest
of the board, signed some official pa
pers and charged the state for his SER
vices that day.
On cross examination by Stickney
he explained the hotel charge for his
wife al the Van Ness house on an
other date by saying she was there TO
care for him as he had q hemorrhage
in his eye. Later in the day this IN
cdent was the occasion OF a searching
examination by Fits and the cause OF
numerous objections on the part OF
the defendants counsel
Fuller c. Smith of st. Adams, chair
man of the board when Howard was
member, testified that he attended
the state convention and had no recol-
lection of any state work being done
that day. He further stated that he
did no service that day for which he
charged the state.
Henry S. Bingham of Bennington,
secretary of the board at that time, ties
tilted to the same effect as Smith.
Thereby came the most adroit series
OF questions in the entire trial.
On cross examination Stickney start
ed TO land his fish with a fly and
caught him with big bait instead He
got the witness into excellent humor
by asking him his politics and what
convention he was attending and then
forced him to admit that he charged
| for four days time between June 20
| and 90 and did therefore charge the
state for a days time on the day of the
state convention He denied that he
performed any official service at Mont
pelier that day and said he knew of no
official service Howard performed.
Bingham was kept on the rack near
| " two hours and the states witness
proved an excellent one for the de-
tense in a searching examination that
was made of his expense account.
Howard was again called to the
stand and questioned by Fits as to
his wife's trip to Burlington, several
meal charges and variation that eX-
listed between the witnesses daily mem
korandum book and his vouchers III the
auditors Office 1t was at this point
when the witness manifested some con
! fusion that the legal tilt occurred be-
tween Fits and Stickney.
Auditor Graham testified that he
/ saw Howard and Bingham at the
state house on the day Of the state con
yention. Graham said he allowed
Towards charge for that day because
bingham had told hi m that Howard
had some railroad business that day.
The state rested it's case at 4;30 ana
the defense only took 80 minutes Tor
| it's side Herbert Il. Slayton of Mont
pelier, deputy secretary of state, tes-
! lifted that he saw Howard and Bing-
! ham at the state house on the day OF
the state convention. This fact was
corroborated by John w, Hill, lanitor
( of the state house who said ne saw
| both men in the Office that day.
| Dewey T. Harmon Of Montpelier salu
he saw all three commissioners III
| their Office in the state house that day.
Frank 4. Miles of Newport then dep
uty auditor of accounts, said all three
of the commissioners were in his once
! that day and that one of them sald
| they must go to their Office to do some
work and they left the room.
Merle Howard, the 10 year old son
of the defendant. said he was with his
father that day and he went with the
whole board into their Office. He saw
his father sign some papers and went
himself to the janitor's room to get a
pitcher of ice water.
George Howard the defendants old
est son, testified that the Sunday ms
father passed in Hanover he wrote
some reports for his father pertaining
to railroad accidents.
Mr.. Young argued his motion for a
/ verdict at considerable length, citing
many authorities to the proposition
that the auditor acted iudicially in al.
lowing the defendants accounts and