The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1919-11-08
IGRAHAM PLEADS THAT
NO SUIT is KNOWN


Continued from Page OneD
matter specified, we're duly made and
filed in the office OF the auditor of
accounts7aS required by law, and now
are or should be on file therein that
such and all of said orders, with the
exceptions hereinafter Specified We're
drawn either in payment of or on ac-
count of said respondents compensa.
ton, expenses or official disburse-
ments as auditor of accounts either
then or heretofore earned or paid, or
( by way Of advancement to him under
the custom and under the construc.
ltion of the statutes hereinbefore stat
ed; that for and during the period coy
cred by said indictment, and longer,
to wit for the respective fiscal per-
iods commencing on the first day OF
! July. 1912. and ending on the Both day
of June, 1916, and for the period from
| the first day of July, 1916 10 the 4th
/ day OF January, 1917 there was a
/ balance in favor of the state and
against said respondent, varying in
amount from time TO time, and when
! said respondent ceased TO hold said
Office, to wit. on the Sd day of Janu-
airy, 1917, said balance on account OF
said transactions for the periods re.
/ ferred to and on account of order
drawn for the aforesaid purposes,
amounted to the sum of $5,T75.41 and
! that said sum. and no more, was then
due to the state of Vermont from said
! respondent on account of orders SO
drawn by him during said periods
| that a true record of each of said or
( ders, showing its date, number and I
amount, and TO whom payable, was
made upon the books of said auditors
office. at the time each such order was
| drawn and in which books a record
of all orders drawn to other persons
during said periods was likewise !
made and all of said entries of orders
on said books, whether in favor of the
said respondent or of other persons,
! were thereby made matters OF public |
record; that the entries OF all of said .
orders were truly and correctly made
and without fraud, artifice, conceal !
ment or Justification in any regard;
that said books at all times during the |
said periods disclosed fully and truth
fully the exact state of the account !
between the respondent and the state |
of Vermont; and at the end of each and |
very fiscal year during said period !
and to the end of the resondents term |
of office, said books showed the true |
and exact amount due from the re- |
spondent to the state of Vermont, on
account of orders drawn in his favor !
during such periods, respectively, !
that in drawing said orders to himself |
,,V;,, 4 f,I- - Il
acted under the honest belief TINT he |
had the legal right to do so, pursuant
TO the construction placed by him and
by his official predecessors upon The
statutes relating to the powers and
duties of the auditor of accounts, and
pursuant to The custom of himself and
of his official professors in tha- be-
half that at the time each OF said
orders was so drawn, the respondent
intended fully to account for the
ayais thereof either by way of vouch
ers or in cash for any balance, that
might be due from him to the state
of Vermont on account thereof. and
the res1ndent AYERS that during all
the time covered by said indictment
he had property ample and sufficient
TO respond to and to pay any balance
due from him to the state OF Vermont, |
and that during all of said time the
state of Vermont was fully and amply |
safeguarded by a valid and sufficient
bond to account for said balance. to |
wit, bond in the sum Of S25, 900 and |
as to the said sum of S5,775.41 due !
from said respondent to the state of |
Vermont on the 4th day of January, |
1917, respondent AYERS that since said !
date and before the finding and pre-. |
sentation of this indictment. he did |
fully pay and satisfy to the state |
treasurer OF the state Of Vermont the |
said sum. and has said treasurers re-
ceipts therefor, said payments having |
been made and receipts therefor
! given on the dates and in the amounts |
following:
May A. 1918 Receipt No. 4740 Sl,60000
May 16 1918 Receipt No 1859 3.5O0.O0
May 20, 1918 Receipt No 1899 10000
June 81, 1918 Receipt No. $3.50 1854
Total $5,775.41
All Of which fully and at large will
appear from the books. records, vouch
ers and accounts of said auditors Of
fec during said periods, and from the
receipts above named, if and when
the same shall be produced in court
And as to the sum of $1,000 and
81 800 charged and alleged in said in.
dictmcnt as having been feloniously
stolen. taken and carried away by
said respondent on the 10th day of
April. 1915 and on the 9th day of No
cember, 1915, which said sum of ST..
500 said Indictment also charged and
alleges that said respondent embez-
lied on said last named date, the re
spondent AYERS the following facts;
That the sums represent the ayails
of two certain orders drawn by this
respondent as auditor of accounts in
favor of himself on the following
dates; viz.
April 16, 1915 Order No. 16133 $1,000
Nov 8, 1915 order No. $1,000 1900
Total $4,000 |
That before said orders were so
drawn, said respondent had advanc-