The Barre daily times. (Barre, Vt.) 1897-1959, 1920-02-05
BITTER SCORING
OF GRAHAM
BY Attorney-General Arch
ibald in Summing Up
Prosecution
CHARGE
FOLLOWED
Sensational Case Was Con-
cluded in County Court
To-day

ne was dudftOf, was given iHto tHS
hands of the jury at :5s this morn
ing, following the charge to that body
by Judge F. NJ. Butler
'That indictment is a monument to
the efficiency and faithfulness of At
torney General Barber said Attorney
General Archibald in resuming his ar
gu1nent in the Graham trial at Q this
morning. 1T was the only honest thing
to do, to include every order drawn"
he said.
1T is the case of the apple the boy
didn't know he had in his mouth"
He said an honest man would draw
what he was entitled to and no more
IF you are to hold the individual TO
the strictest honesty, Why not the pub
lie officialf" asked Mr.lArchibald. If an
attorney kept the money collected for
his client he would be in danger of
facing disbarment proceedings. An ad-
ministrator of an estate is kept to
strict accountability. He said burglar
WAS an honest man compared with an
official who dipped his hand into the
public treasury The burglar, he
thought. was gentleman to be com
mended.
Speaking OF the reputation Vermont
ers had for integrity, he urged the
jury to see they did nothing by their
verdict to rob the state of that claim.
"You win not do anything TO bother
a Nermonter if he Is ever asked about
the case He trusted their verdict
would be Of the "high standing won by
Vermont iuries."
The attorney general dwelt at length
on Mr. Grahams letter to Gen. Barber
and his statement to the public. He
believed the respondent should have
welcomed an investigation, Instead OF
requesting postponement That he
did wrong" was mighty mild" con
sfruetion to place on acts. "Still the
$4,000 was only the core Of the apple
he had in his mouth. would like 70
know how large mouthful he would
have 70 have before II would choke
him. said Mr. Archibald.
He characterized the dcfense's claim
of mo criminal intent" as a ''flimsy
excuse" lie thought If public official
could dip in and take s27 900 Sss they
claimed over course of IL years, at
the rate of $4,000 year, and get away
with 1t, all he had to say was, God
save the state of Vermont
He asked the jury to excuse his
bluutuess Of speech. He did not have
the command of language like Brother
lie called "a spade spade"
and not IAN implement for cutting
turf
The attorney general used strong
language when he characterized as "ab-
false" certain statements the
made on the witness stand.
Every admission was in his own IA.
vor" said the speaker.
"The state has done or tried TO do
what it believed honestly TO be its
duty in trying this case, unless Il
wished Ia merit the proper condemua
ton Of the people and the criticisms
Of the newspapers II has attempted
TO try the case faithfully and efficient
ly.7 said Mr.. Archibald.
In closing he urged the jury to re-
member that the divine command res-
ed Just as heavily on Horace Graham
A. it did on the humblest citizen when
the good book said, Thou shalt not
steal"
Judge Buffers Charge.
Court recessed at l0;l5 O'Clock. Judge
Butler began his charge TO the jury at
1885. He asked that the balance
sheets be passed TO tho jury, which was
done BY Mr.. Barber Henry Badger Of
was appointed foreman. Tho
court said the Jury could follow the
matter better If they had the balance
sheets. Judge Butler briefly outlined
the jurors oath.
The court said the case was not one
IF accounts to see if the respondent 1
had paid all the money back or it there |
was money still due him. The amounts !
Tor or against the respondent are un-
important in determining his guilt or
innocence. The state claimed the over |
traits were S27, 900 and S7.02s for the
Indictment period, and the defense !
.laimed they were $4,000.
The respondent took money wrong |
fullv and converted il To his own use.
That is admitted" said the court. The |
respondent claimed il was not Grim
nal The burden upon the state was !
% prove the respondent guilty of the /
,rime charged. The respondent was 1
presumed to be innocent until proven /
guilty beyond a reasonable doubt.
Possession of the states money WAS /
rot considered an unlawful act, unless /
I was shown that he was guilty of the /
.harge. The only right he had TO the l
possession Of the funds of the state /
vas under the statute. The respondent 4
.lairned he had another right. That
; for YOU 10 say. The crime of larceny /
: never committed through innocent |
mistake. The jury read the law relat
ng 10 the auditors duties and hrs
-ight to draw orders.
Judge Butler said the law gave no
.inht 10 the auditors 70 draw orders
or any future claims He explained 4
N what grounds orders may be drawn.
Hc had no right to draw any money
n advance or draw any money from
he state without filing a proper vouch-
r. and II he did otherwise he was
rcsnasser. II he drew money before II
vas due. it was trespsssing. and Il OF
elonsaus intent IL was larceny and !
riminal. This i for the jury TO say-t
4 he obtained money a. q trespasser
,elieging he had the right and con
-erted the money 20 his own use uu-