The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-02-05
GRAHAM CASE
RESTS WITH Jury
Judge Butler Finished His
Charge Shortly Before
Noon Today
TRESPASSING
OR LARCENY
Drawing Money Before It Was Due is
Only Trespass-If There is Felonious
| Intent the Act is Larceny - Judge
Says Jury Must Decide that Question
Especial to THE Reformer.)
MONTPELIER, Feb.


The Graham case went to the jury at
II o'clock today Henry Badger of Mid
dlesex was appointed foreman. A few
minutes later the jury went to dinner.
Court suspended until 2 o'clock so that
no report may be expected before then.
Judge Butler at o'clock charged the
grand jury called to investigate the Mid
dlesex homicide case.
Attorney General Archibald finished
his argument at l0.l5 and at 1895 Judge
Butler began his charge Eight or 10
exceptions were taken by the defense to
the judges charge and refusal to charge
on certain points. After a conference at
the bench the court directed the Jury to
/ take the case.
THE state has done, or tried to do,
what it believed honestly to be its duty
in trying this case" said Mr.. Archibald,
unless it wished to merit the proper con-
demnation of the people of the state and
the criticism of the newspapers. 1t has
attempted to try the case faithfully and
efficiently. The responsibility now rests
upon you. gentlemen" In closing he
urged the jury to remember that the di-
vine command rested just as heavily on
Horace Graham as it did on the humblest
citizen and that command was, ''Thou
shalt not steal"
In his charge Judge Butler said, I'll
the respondent merely drew money be-
fore it was due he was trespasser and
if with felonious intent, the act was
larceny and criminal That is for the
jury to say" The court said the audi
10, -, r,sx,
advances or take them himself.
In the argument advanced for the de
fendant by Attorney Rufus T.. Brown
and w. B. c. Stickney, the jury was tolt
that the governor never intended to TAX
cent which belonged to the state, tha
3 always intended to repay the money a
! such time as he could ascertain the cor
rect standing of his account.
, The arguments, aside from the arraign
5 mcnt of the governor in the first few min
r utes of the talk by Mr.. Archibald wer
. devoid of sarcastic remarks, the pie
r following closely the lines of evidence
mostly figures, files and fiimsy copies Q
Z letters There was, however, during tn
a afternoon, slight reference to the effor
: of the state to inject a political aspec
!. opened by Attorney Stickney and close
;, by Attorney Archibald.
! Attorney Stickney said, MY frien
: and associate, Mr.. Brown, has ono
= served the state as attorney general. NJ
: Barber is former attorney general an
Mr. Archibald is the present attorne
general, an Office which is within the gil
of the people. They have the inside {
the situation, but | am unable to argr
n these intricate points because | am /
L politician. But what, may / ask, wf
the object of bringing in the name of Il
men whom Governor Graham approaeht
Sc for loan? 1t looks to me like a so
of favoring to the case and there may
such a thing as too much iavoring ;
there is at times in a drink. In refe
ring to drink, | mean lemonade"
y To this Attorney General Arehiba
lt replied ''This statement about not beil
te politician reminds me of a well know
r. New York politician who said he h,
xt never held a public office, but he HI
OF made and unmade more officers than al
ry man in the state.''