The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-11-06

1ncQ ana investigated the UOokS duu az
counts of the state auditor.
And said respondent further AYERS that
the said indictment against him, Ill div
ers counts, to wit, in Isl separate and dis
tinct accounts, charges and alleges i'll sub
stance, that on divers days and dates
therein named, from and including the
30th day of April, 1914 to and including
the 5th day of January 1917, the said re-
spondent did feloniously steal, and take
and carry away divers sums of money, in
said indictment particularly specified, of
the goods and chattels of the state of
Vermont, amounting in the aggregate to
the sum of S39S45; that said indictment
also contains divers counts, to wit, 10
separate and distinct 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 fraudu-
lently embezzle divers sums of money of the
state of Vermont, in said indictment par
ticularly specified, amounting in the ag-
gregate to the sum of IS; ;450, but the re-
spondent AYERS that all of said last named
sums SO charged and alleged as having
been embezzled by him, excepting four
items amounting in all to the sum of ST.
$50 are included among the counts charg
ing 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 feloni-
ously taken or embezzled by him in man
ner and form as charged aud alleged there
in, 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 indict-
ment are as follows:
THAT each one of the said sums Of mon
/ ey represents the avails of an order drawn
, on the state treasurer by said respondent
as auditor of accounts, before he ceased to
! hold such Office, in favor OF himself; that
| true and correct vcu hers for each and
| all of said sums, with the exceptions here
matter specified were duly male and filed
in the Office of the auditor OF counts as
/ required by law, and now are or should be
| on file therein; that such and all of said
/ orders, with the exceptions hereinafter
| specified were drawn either in payment oi
or on account of said respondents com.
!
ments as auditor of accounts, either then
4 or heretofore earned or paid, or by way
of advancement to him under the custom
and under the construction of the statutes
! hereinbefore stated; that for and during
! the period covered by said indictment, anC
/ longer, to wit, for the respective fisea
periods commencing on the first day o
July, 1912, and ending on the 30th day
( - i IL,
! first day of July, 1916 to the 4th day o
January. 1917, there was a balance in ia
vor of the state and against said respond
i ent, varying in amount from time to time
and when said respondent ceased to holC
said office, to wit, on the Sd day of Jan
uary, 1917, said balance on account o
said transactions for the periods referre,
to and on account of order drawn 70
the aforesaid purposes, amounted to tn
sum of $5,7754l and that said sum, am
no more, was then due to the state o
, Vermont from said respondent on accoun
of orders so drawn by him during sal,
periods; that a true record of each o
said orders, showing its date, number an
amount, and to whom payable, was mad
upon the books of said auditors office, a
the time each such order was drawn, an
in which books a record of all order
drawn to other persons during said pei
iods was likewise made, and all of said Ell
tries of orders on said books, whether i
favor of the said respondent or of othe
! persons, were thereby made matters {
public record; that the entries of all {
said orders were truly and correctly mad
: and without fraud, artifice, concealmer
: or Justification IN any regard; that sal
i books at all times during the said perioC
{ disclosed fully and truthfully the exa,
! state of the account between the respcn'
; ent and the state of Vermont; and at Il
:. end OF each and every fiscal year Gurii
:. said period; and at the end of the 7
:, sDcndent's term of office, said .bool
! showed the true and exact amount dl
!, from the respondent to the state of We
mont. on account of orders drawn in il
: favor during such periods, respectivel
that in drawing said orders to himse
during said periods, the respondent act
under the honest belief that he had t
K legal right to do so. pursuant to the co
struction placed by him and by his offic
predecessors upon the statutes relating
=, the powers and duties of the auditor
=, accounts, and pursuant to the custom
= himself and OF his official professors
- Continued on Page II