The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-11-06
GRAHAM ASKS COURT.
Continued from Page ~

that behalf: that at the time each of said
orders was SO drawn, the respondent in
tended fully to account for the avails
thereof, either by way of vouchers or in
cash for any balance, that might be due
from him to the state of Vermont on ac-
count thereof, and the respondent 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 valid and sufficient bond
to account for said balance, to wit, bond
in the sum of $4,000 and as to the said
sum of S5,7754I due from said respond
cnt to the state of Vermont on the 4th
day of January, 1917, respondent AYERS
that since said date and before the finding
and presentation of this indictment, he
did fully paw and satisfy to the state
treasurer of the state of Vermont the
eaid sum, and has said treasurer's receipts
therefor, said payments having been made
and receipts therefor given on the dates
and in the amounts following:
May 4. 1918 Receipt No 4740 $4,000
Nav Is; 1918 Receipt No 1853 3,50000
| Nav %. 1918 Receipt No 1893 10000
June 81, 1918 Receipt No. 5255 1854
Total s5,775.4l
All of which fully and at large viii APP
| pear from the books, records, vouchers
and accounts of said auditors office dur
| ing said periods, and from the receipts
above named, if and when the same shall
be produced in court.
And as to the sum of 81 200 and 81, 800
| charged and alleged in said Indictment as
having been feloniously stolen. taken and
carried away by said respondent on the
18th day of April. 1915 and on the 9th day
| Of November. 1915, which said sum Of ST.
500 said indictment also charged and alleg-
es that said respondent embezzled on said
last named date, the respondent AYERS the
following facts:
| That the sums represent the avails
Of two certain orders drawn by this re-
spondent as auditor of accounts in favor
of himself, on the following dates; viz.
April Is. 1915 Order No 1873 81 200
Nov 9, 1915 Order No. $1,000 1900
Total s3,UuC
That before said orders were so drawn
said respondent had advanced to the state
highway commissioner, for use IN said
commissioners department, on his, said
respondents personal checks, said amount
Of 5000: that thereafterwards on the
dates above named, said respondent drew
TIE above named orders in favor of him
felf and charged the sums on the books o
his office to the highway department, sait
hooks then showing the date, number ane
amount of each such order and to whom
Grawn, that subsequently thereto, the sale
highway commissioner paid to said re
| spondent the said sum of $4,000 whlci
said sum the said respondent thereafter
wards tn wit, on the 18th day of June
1918. and before the indictment was foun,
and presented paid in full to the treasure
of ,hej state of Vermont, taking his re
= ceipt therefor OF said date. and numbere,
n SALT all of which will fully appear from
said receipt and from the books, account
o and vouchers in said auditors Office re
e lating to said transaction if and when tn
s same shall be produced in court; and tn
e said respondent AYERS that his conduct Il
d respect OF said transactions was withou
n fraudulent intent on his part and withou
:, the intent to commit either the crime o
It larceny or the crime of ENLIGHTENMENT i
$. respect of said sum of $4,000 or any par
e thereof that the books. accounts AM
o vouchers in respect thereof were exam
If med. among others for the same period
by the then bank commissioner, as re
auired by law. and that said bank com
missioner in his report to the general as
somblv of the state of Vermont in dat
7 September |, 1918, stated and reported a
follows: II Rave checked up the vouch
ers in the auditors Office and proved tn
trial balance for each year fmeaning 70
t the fiscal years ending June 80. 1915 an