The Barre daily times. (Barre, Vt.) 1897-1959, 1919-11-06
GRAHAM PLEADS
RESTITUTION
Former State Auditor and
Governor Says Prosecu-
tion of Him Ought to Stop
UNUSUAL DOCUMENT
FILED IN COURT
Says He Had No Intent to
Do Wrong-His Case Set
for Tuesday, Nov. II

-
Nov. IL, the attorneys in the case stat
ing that they had been unable to get
ready because the other cases which
were expected to be tried before the
Graham case had been disposed Of So
suddenly However, Hale X. Darling
one Of the defending attorneys in the
Graham case, filed plea yesterday
afternoon which he called a plea in
bar" something unknown in the his
tory OF Washington county court, it is
| said. in a criminal case.
Attorney General Archibald declared
to-day that although the plea was
most unusual he should treat il as a
| plea Of not guilty and 20 ahead on
! that presumption.
| The plea in bar is a statement ap-
| pearing over the name of Horace r.
Graham in which the respondent de-
elares the state ought not further to
prosecute the said indictment against
him" for reasons set forth in the 2.000-
word plea and declaring that the mat
ters and things" named in the plea
| fully answer and account for each and
every sum Of money in said Indictment
| charged and alleged either 10 have been
stolen, taken or carried away by said
respondent, or embezzled by him
After reciting al some length that il
had been the custom Of his predecessors
in the office Of state auditor to draw
orders on the state treasury, in their
| discretion, in favor Of state officers by
way Of adyancements to such officers
on account Of compensation, etc. the
| plea Of ex Soy, Graham goes on to say:
And said respondent, further AYERS
that the said indictment against him.
in divers counts, to wit, in I5l separate
and distinct counts. charges and al.
leges in substance that on divers days
and dates therein named, from and in
Guiding the 30th day Of April, 1914. to
and including the 9TH day of January
1917 the said respondent did felonious
~ steal, take and carry away divers
sums Of money, ia said indictment par
ticularly specified, Of the goods and
ehattels Of the state Of Vermont,
amounting in the aggregate to the sum
Of $40 ,S45; that said indictment also
contains divers counts, TO wit, 10 sep
al att AttI At0NihAN NAAAilANs Nlial EAtfE anu
alleging in substance, that ON divers
days and dates therein named, from
and including the 9th day of November
1918. to and including the 9TH dav OF
January, 1917, the respondent did felo.
niously and fraudulently embezzle di-
vers sums Of money Of the state Of
Vermont, in said indictment particu-
larly specified, amounting in the ag-
gregate 70 the sum OF S5 450 but the
respondent AYERS that all of said last
named sums so charged and alleged as
having been embe2zled by him, except
p four items amounting in all to the
sum Of 81 1850 are included among the
counts charging said respondent with
larceny
Not True in Fact, Said Graham.
And the respondent AYERS that the
charges and allegations set forth in
said indictment, both as To larceny and
as to embezzlement except as stated
and set forth in this plea, and each and
every one If the same, are not true in
fact, and further AYERS that no such
sum or sums, either in the aggregate
or in the respective sums alleged, were
ever feloniously taken or emhezzled by
him in manner and form as charged
aud alleged therein, but, on the con
trary thereof, the respondent AYERS
that the facts relating TO the moneys
of the state received by him during
the period covered by said indictment
are as follows;
THAT each one Of the said sums of
money represents the avails of an or
der drawn on the state treasurer by
said respondent as auditor Of accounts,
before lie ceased to hold such Office, in
favor Of himself; that true and correct
vouchers for each and all Of said sums,
with the exceptions hereinafter speei-
fed ~ere duly made and filed in the
Office of the auditor of accounts as re-
quired by law, and now are or should
be on file therein; that each and all OF
sand orders, with the exceptions here
matter specified, were drawn either in
payment of or on account OF said re
spondent's compensation. expenses or
official disbursements as auditor Of ac-
counts, either then or Heretofore
earned or paid or by way Of advance
ments to him under the custom and
under the construction Of the statutes
hercinbefore stated that for and dur
ing the periods covered by said indiet-
ment, and longer, to wit, for the re-
spective fiscal periods commencing on
the first day of July, 1912, and ending
on the Both day of June, 1916, and for
the period from the lst day of July,
1916, to the 4th day of January, l9lI
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 3d day
of January, 1917, said balance on ac-
count of said transactions for the pc
riods referred to and on account of or
ders drawn for the aforesaid purposes,
amounted TO the sum of S5,775.4l.
Claims No Fraud or Concealment.
"And that said sum, and no more,
was then due to the state of Vermont
from said respondent ON account of or
ders so drawn by him during said pc
riods; that a true record of each OF
said orders, showing its date, number
and 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 dur
ing said periods was likewise made,
and all of said entries of orders on<said
books, whether in favor of the said re-
spondent or Of other persons, were
thereby made matters of public record;