The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1919-11-08
GRAHAM PLEADS THAT
NO GUILT is SHOWN
Former Governor Files Plea in Bar
Trial Set To Open Next
tuesday


Montpelier, Nov. with the Gra-
ham trial set for Tuesday the interest
in the case is again considerable. It
even figures as a sporting event and
bets are made on the result.
The plea in bar was filed by Hale
X. Darling, of counsel for the former
governor. after conference with w. B.
&C.. Stickney, who also appears for Mr..
Graham, with Rufus r. Brown of Bur
Ilington. Mr. Brown was in town dur.
ing the day but was not at the court
house yesterday afternoon
The case of State VS.. Dewey T, Han
ley. former state purchasing agent,
for alleged larceny and embezzlement
is to follow the Graham case.
In the plea in bar filed in the Gra-
ham case ii is claimed the state
should not further prosecute the in
dictment against Horace r. Graham
because he in accordance with the
practice of his predecessors in the
office of auditor of accounts in their
discretion drew orders on the state.
treasury in favor of state officers by
way of advancements to such officers
on account of compensation and there
after accounted for by said officers in
settlement of their respective ac-
counts. At the time of settlement
the state auditor would draw an order
if there was a balance due them, If
not the balance due the state remain
ed charge against the officer. 1t
is also claimed the books of the audi
tor always showed the exact standing
of all these accounts and that the in
spector of finance or bank commits
sioner whose duty it was to examine
the books of the auditor never disput.
ed or questioned in any way the ac.
counts as shown on the books; nor
was the proprety or legality of the
custom ever questioned by any com
mittee of the general assembly which
examined and investigated the books
and accounts of the state auditor
And said respondent further ayers
that the said indictment against him,
in divers counts, to wit, in 151 sepa-
rate and distinct accounts, charges
and alleges in substance that on div
ers days and dates therein named,
from and including the 30th lay of
April, 1914 TO and including the 9TH
day of January 1917, the said respon,
dent did feloniously steal, and take
and carry away divers sums of money,
in said Indictment particularly speci-
fed of the goods and chattles of the
state of Vermont, amounting in the
aggregate to the sum of S39,S45; that
said indictment also contains divers
counts, TO wit, 10 separate and dis
tinct counts. charging and alleging in
substance, that on divers days and
dates therein named, from and in
cluding the 9th day of November, 1915
and including the 5th day of January
1917 the respondent did feloniously
and fraudulently embezzle divers
sums OF money of the state of Yer
mont, in said indictment particularly
specified amounting in the aggregate
to the sum of $S,450 but the respon-
dent ayers that all of said last named
sum so charged and alleged as having
been embezzled by him, excepting
four items amounting in all to the
sum of $1,050 are included among the
counts charging said respondent with
larceny"
The respondent then denies the
truth of the charges and allegations
against him and further AYERS that
no such sum or sums, either in the
aggregate of in the respective sums
alleged, were ever feloniously taken
or embezZled by him in manner and
form as charged and alleged therein,
but, on the contrary thereof, the re-
spondent 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 ac-
counts, before he ceased to hold such
office, in favor of himself; that true
and correct vouchers for each and all
of said sums, with the exceptions here
Continued on Page Three)