Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-01-09
COUNSEL INAANGLE
MOST OF The DAY
Little Evidence Of a Startling
Nature introduced In
Williams Case

Montpelier, Jan, s.-Another day of the
trial of #. c. Williams, bank commits
sloner, who Is charged with maifeasance
IN office by ncguecting to report his fnd-
ings to the Legislature and failure to
audit tho books of the Stats auditor when
IL. h. Graham was In that office passed
with but little evidence being produced of
startling nature, state Auditor benJa7
min Gates WAS on the stand the major
part Of tho day while T., 4, Pratt. expert
accountant Of Brattlebore testified dur
ing thu latter part Of the afternoon,
An effort was made by the defense TINS
morning TO show the loosenesa of the sys7
TEN which is employed in the AUDITORS Of
fee in making advances to the state ats
fcea and Mr., Carver offered to SHOW
through Mr., Gates that IL was the system
Of tho ONCE to make advances to the state
officials and that the practice han pre-
vailed for a long time, when forced 10 eH=
plain further relative TO the matter. ~
stated that he would offer ~ show that
very large sums of money are advanced
on the appropriations of the departments
to State officials and that IN the present
regime as much as $4,000 has been ad=
vanced 10 State officers, lie made an ef=
fort TO present this as showing the volume
Of tho business and that II was practice
long DctOfu tffhUuitl chHb i1tV o'iesi
Tho State tried TO combat tho intro
duction Of that evidence,
The defense argued that tho court had
allowed the state to present evidence
showing that the system of making adj
yances in Grahams account had COW
cred a period before williams came into
office and that now the defense wanted
to show that was done in other admins
trations as we'll as Graham's.
Orations were delivered to the Jury for
The court took the matter
under consideration during the noon nour
although it ruled against the defense
relative to the general scope of the mat
ter The court held. however, that GER
tain parts Of the system were pormissi-
Bile in the discretion Of the court rs tend
ing 10 show the general practice. The
state took exceptions to the discretion
Of the court or its abuse Of discretion as
he termed 1t and at ,Hie time counsel
stated they did not want to argue the
case before the jury. although both sides
had argued the points in the debate liter
ally for half an hour. each side making
n stiff fight to get its point carried, the
defense wanting to show the alleged loose
ness of the handling of the States busi-
ness while the state held that the cross
examination should be confined to the
statute.
Mr.. Gates testified that he learned in
1917 of the alleged shortage in the Of
flee of the auditor and that Williams
told him about it early in 1918 when
the conversation occurred between
Joslyn and Williams. Mr.. Barber ir
opposing the asking of the questions
relative to Mr. Gates conversation with
Williams. complimented Mr. Carver
upon the adroitness with which he put
his questions which brought a smile
over the faces of those in the court
room
Mr. Gates was asked If he recalled
that it was on the same day that the
williams conversation took place
with Joslyn that he (Williams) told
Gates later in the day that he haG
seen Graham about the matter. The
witness did not recall and he did moi
recall William telling him (Gates) thai
Graham had told Williams that Ora.
ham said there were vouchers to cover
the account and that he had money II
an envelope in the State treasury's Of
flee to cover anything not vouchet
for All the way through his testi'
mony the State interposed with objec
lions which were admitted in the dis
erection of the court. Mr.. Gates could
ecall nothing about being seen by viii
Jams excepting that Williams was go
Ing to see Graham about the matter
of the balance on the books.
Mr. Carve: asked many questions rela
tive to the balances that appeared on thu
books in 1903. 1905. 1907 and 1909 and IL an!
were carried over. 1t was testified tina
the books showed none carried over il
those periods but that there were som'
pencil marks on the book. The witness
explained that the way he reached con
cluson as to the shortage was by ad
dition and taking the differences in tn,
footings Of tn columns in the Graham
accounts.
During the early part Of the after
noon Mr.. Cato ""o""io3 the time il
showing to the Jury how the books ar
kept the State tt..ng 20 sc; information
relative to the balances before the jur.
but the defence succeeded in keepinI
them from getting anything except show
ing the footlngs from year to year.
During the morning Mr. Gates testfie
that he did not know whether there wer
vouchers In the office when Mr.. WI!
liams audited the books in years gone b.
but that the books failed to show any
In the afternoon he asked permission t
correct his testimony relative to the dat
orders were made, stating that he ha
Intended to Say that the dates Of entr
of the receipt upon the diabursng ledge
were correct in each instance.
The last part OF the afternoon was spen
In the testimony presented by II. s.. Plat
Of Brattleboro. accountant for the State
VINO examined the accounts in tho audit
or's Office. He simply testified as to tn
manner in which he found the ledger las
Monday, showing the balance agans
Graham, 1t had been testified to be