The Barre daily times. (Barre, Vt.) 1897-1959, 1920-02-04
Most Important Case Ever
Tried in Vermont"
Says Barber
NO LIMIT PLACED
ON THE COUNSEL
State Auditor Gates Back
on Stand to Identify Let
ter He Wrote to Graham


was auditor is rapidly coming to close
in Washington county court at Mont
pelier. Arguments were started this
morning following the conclusion of the
evidence yesterday afternoon.
Before the arguments were started,
Auditor Benjamin Gates identified the
original Of the Gates" letter to Mr..
Graham, read yesterday afternoon. He
said he mailed it the last of April,
1918, in Montpelier and addressed it to
Mr.. Graham at Montpelier. He showed
the letter to Bank Commissioner Will
iams The witness had his converse
tion with Mr.. Graham at Vergennes
May 4.
Judge Butler said he would not limit
the time. Counsel could discuss the
case fully cor make it as short as they
had mind to- The arguments were
commenced at $3.50 o'clock.
"Most Important Case Ever Tried in
Vermont"
Former Attorney General Herbert G.,
Barber made the opening argument for
the prosecution. He began by explain
ing the necessity of having SO many
counts l50 odd counts in the indict
ment
This is the most important case ever
tried in Vermont" said Mr.. Barber.
There has never been a case like il
and probably there will never be an
other like it. Hence tho responsibility
that rests upon you, gentlemen, You
have never been called TO serve on a
ease of such widespread Importance" "
He asked them TO lay aside their sym
pathies and act under their oaths.
"The object of this case is not pun
ishment of the respondent. That is
not the object of prosecutions. II IS
to serve as an object lesson and ex-
ample TO every man, woman and child
in Vermont that the laws must be hon
ored and respected. That the law is
for the high as we'll as the low, down
TO even justice Of peace" said Mr..
Barber, who then read sections Of the
law relating to the duties of the state
auditor. Mr. Barber stated that the
prosecution claimed that Mr.. Graham
converted TO his own use during the
indictment period from April 80, 1913,
to Jan I, 1917, the sum of 81 ,43o. Prior
to that date, April 30, 1913, the court
had permitted the state to 90 back in
Tits inquiry to the beginning Of Mr..
Cirahams term OF office in order TO
show the intent and the course OF his
conduct.
MIR Barber said that had the people
known at the beginning of Mr. Ora.
hams second term he had converted
S2Is.20 they would have dropped him.
He was a man greatly honored. The
speaker characterized this as 'feeler.
Mr.. Barber referred to the defendant s
counsel as "the cream Of Vermont bar,
three Of the ablest lawyers in the state.
He spoke OF Ed Deavitt, man whom
| he had no fault to find with, as "mons-
ing around the auditors office with
rubber heels" trying to get up dispute
over a 81 100 item with Auditor Gates,
| Answering the argument that the de.
| fendant believed he had a right to take
I the states money beyond his salary
and expenses. Mr.. Barber said when
| Mr.. Graham SO stated be was "stulti-
fying his own intelligence under the
guiding hand of three Of the ablest at
| torneys. who saw no other alternative.
The speaker emphasized the respond
ent's course during his last month in
office when he said ''he dipped in for
5000 more" He referred TO Mr.. Deay-
| tits visits about the state seeking a
loan as probably expected to forestall
prosecution.
He referred to the evidence that a
states order had been deposited in
| Newport bank and the respondent had
drawn a check on that hank and used
II to paw note in Hyde Park bank
of which Carroll s. Page is president
with pretended innocence, said Mr.
Barber. "tbc respondent would ask YOU
TO believe he had a right TO do this.
1 Upon the question of intent, Mt
Barber explained that if Mr. Graham
took these moneys and banked them IN
his own name and drew checks in his
own favor. then it is for you 10 decide
| If he did or did not intend to take the
funds. He said the defense would talk
/ long and loud about calling II refund
| by claiming he was only taking OF the
moneys. while the state claims II was
stealing lie discussed at some length
the correspondence between Messrs
Gates. Barber and Graham. He called
the defense superficial. He stated to
the Jury there must be due the state
to-day So 800 by their own eomputa'
tion. He made much of the delay the
respondent made in taking care Of the
restitution. as he called IL. He claimed
the refund had been made under the
shadow of prosecution. He urged the
/ Jury that the proper thing was TO de.
eide il the respondent had conducted
his business right He said the prose.
cution did not come here to crush, ~
treat or abuse Horace Graham, who had
gained the confidence of the people and
then betrayed IL; but the state de-
manded that the trust OF a public Office
shall be properly safeguarded and sur
rounded by purity
r. E. Brown for the Defense.
Rufus z. Brown. in opening, said he
did not have the voice. strength or DIS
position TO talk loud OF long about THIS
matter a. Il has been claimed BY the
state. The respondent here = charged
with being q common thief- not Nlth
poor bookkeeping. This case - I'm
{ portant to the respondent equally VIII
Z that Of the state. He said he did not
rlsim sir. Graham is perfect man
/ and thar there bad been but one per
I fect man and He was crucined over
2lg00 YEAR, ago.