The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-01-01
TOLD WILLIAMS ABOUT SHORTAGE.
Continued from Page ~

then auditor to the amount OF S2,65993.
1t will also appear in evidence that on
April -. 1915, Mr. Graham as auditor
drew an order payable to himself IN the
sum Of 81 POO which was charged TO GER
tain highway account, and then and there
appeared upon the books in the office of
the auditor of accounts. 1t will also APP
pear in evidence that in November, 1915,
he drew an order payable to himself,
drawn upon the state treasurer for the
sum of 81 800 which was charged up to
highway account. That that appeared
on the books at the auditors Office.
Now the state viii maintain that these
things all existed in the auditors office
under the eye of this respondent. The
state viii direct your attention to fur
ther parcel of evidence. We shall offer
to show by laying before you the reports,
such reports as the bank commissioner,
this respondent did make, that in no year
he made any reference whatsoever to the
condition existing in the auditors Office
except in the year for the biennial period
| closing June 80. l9l6-that report coming
| to the legislature that convened in Janu-
| airy LELAND in that report your atten-
! sion will be called to the form of it in so
| far as it relates to the books, records and
| papers of those two offices, and your at
! tention will be directed to the fact that
| the respondent says in that report that
| he has proved the trial balances of the
! books and papers in the auditors office
and that he finds them correct or that in
| substance, but your attention will be di-
| rected to the fact that nowhere in that
| report and in no other report that he
made to the legislature, has he made any
! reference or any statement OF and con
! corning the conditions existing in the au-
| ditor's office
The state will call your attention fur
| Their that in reference to the accounts end
| ing for the fiscal year June 80, 1909 as
| before said, there was a balance carried
| forward of - 03S.3S against the auditor;
! that that balance was carried forward In
! to the figures of the next year: calling
your attention to the fiscal year ending
June 80, 1915 that there was an over
draft against the auditor or a balance I'M
accounted for and that those figures were
| carried forward into the succeeding year.
Now | desire to call your attention to
one further piece of evidence and that Is
that sometime in September, 1916, this
ITespondent was at the auditors Office,
that he was there for the purpose, as the
state viii claim, and show by its evidence,
to make an examination of the books.
vouchers and papers in that Office That
he continued his exam nation to the close
of that year: that When he had com
pleted that work he placed his initials
upon the books and used the figures 9-7-l6.
The total overdraft or unvouchered-foT
money by the then auditor during the
time that Mr. Williams was bank com
missioner the state will maintain to be
Sl4, 042 81 plus the two items, making S.,
900"
!, The Indictment contains seven counts
No statement was made by the defense at
this time
State Auditor on Stand
During the examination OF the first wit
ness, Auditor of Accounts Benjamin
Gates, who was called to explain til,
methods of keeping the accounts in the
Office, the defense objected to the admis
| sion OF evidence which transpired be
yond three years previous to the indict
ment claiming it was preemded by tn,
! statute of limitation This objection wa
raised several times in the course of ques
lioIo- ut Sldlt dShtu ttldl II tt lINl
1 mitted to show the condition of the book
, over a series of years claiming that j
/ was continuous transaction and con
tinuous obligation on the part of tn
I bank commissioner to report a shortage I
i, the Legislature as soon as discovered, tina
- if it was not done in one biennial perio
: it was his duty to do so the next.
Judge Stanton, after hearing argument
i
lows:
y 1T seems that 1t was the evident il
y tent OF the legislature that there shout
" he an examination OF the books and pr
Il pers of its chief auditing officer, the Office
upon whom devolved the duty of DRAWN
orders to the state treasurer, of eXamn
ing and auditing the different account
presented against the state, and so the
n made it the duty of the bank commission
er to examine every year the books an
papers of this auditor OF accounts, an
+ made further his duty to report to Il
q general assembly the results OF his exam
l. nation of the books and papers and mai
e report to the general assembly the r
d suits of his examination of the books al
< papers of the auditor We cannot inf
ir from this. we think logically, that tn
d duty applied to any one year alone
,q this bank commissioner failed to eNamil
these books and papers and make I
port to the general assembly i'll any We
then the duty was not performed. II
general assembly did not have, as rep1
- sentatives Of the people what it was e
- titled to have, knowledge Of the conditit
and affairs of the Office of auditor of q
, counts Now if through neglect of t
bank commissioner or through some err
i :, that he may have committed he did n
u make this report, did not say to the &c
I" eral assembly what the exact condition
~ affairs were there-went along until
~ examined another year-it seems to
he that if there were irregularities in t
re ,ears preceding 1916 which came to t
en- knowledge of the bank commissioner
ng the discharge OF his duty in this rega
that the general assembly then was Ell
tied to know it, although it was mt
than three years prior thereto. The p
pie Of the state of Vermont by their r
-, resentatives had right to know of tn