The Barre daily times. (Barre, Vt.) 1897-1959, 1920-01-20
DRAWING OF JURY
WAS THEN STARTED
A Large Number of jury
men We're Excused at the
Beginning of the Task Of
Securing a Jury to Try
the Charges of Embezzle-
ment and Larceny.

Horace r. Graham, former state audi
tor and also former governor of Yer
mont, went on trial in Washington
county court to-day on charges of en-
bezzlement and larceny from the state
of Vermont during his term as auditor,
there being Isl counts of the indict
ment returned BY the grand jury in
Washington county in 1918. At the
outset the respondent pleaded not gull
| ty, the motion of the state that his
former 'plea in bar be stricken out
having been granted by the court.
Judge f. NJ. Butler is presiding
Attorney General Frank c. Archibald
asked that the former plea be stricken
out, supporting his motion with large
number of opinions why it should not
be permitted He said ii was not an
ordinary plea and that the rules of the
court did not permit the filing of such a
plea. He cited Vermont cases, among
others,
The respondents attorneys inquired
what the state hoped to gain by this
action, fand the state referred to the
matter in detail, calling attention that
restitution had been made, which the
respondent objected to, and then refer
ring TO repayment which also was OBJ
jectcd to, and the respondent stated
that the state had been paid but that
no repayment or restitution had oc-
Cured. Mr.. Graham. it was contended
by the defense, did what he had right
-, do nd Dll i,,. iks-
payment.
Attorney Hale X. Darling, for the de-
fense, explained that in view Of the
large number of counts in the indict-
ment, the respondent had filed plea
not 20 befog the minds of those who are
connected with the trial but to clarity
the conditions in the hope that it would
bring from the prosecution a statement
of what they intended to prove. Attor-
ney Darling declared that Mr.. Graham
had done nothing except what had be-
come rule by the action of his prede
cessors, that no felony had occurred aud
that what MIR. Graham did was done
with the full intent of accounting for
the same His books show, continued
the attorney for the defense, that there
was no effort TO conceal anything. He
declared it could not be shown in this
case that any wrong was intended
There was no falsication. Attorney
Darling cited opinions in which this
special plea was proper to be filed.
Attorney w b. c. Stickney, also
the defense, declared that
II the plea was stricken out the re-
spondent would claim the right TO pre-
sent it MS evidence and that the defense
lid not object to its being stricken out,
md the pleading would take place. The
respondent had undertaken to get a
through this method, from
he state and the respondent was en-
titled to know what the state inended
, prove. Everything that Mr. Graham
lad done in respect to the plea had
,een honest, open and above board, it
vas claimed.
The court then ordered the plea
tricken out, after which Attorney
'tickney. for the respondent, pleaded
ot guilty, to which the state objected,
aising the question whether the attor-
ey could do SO in this kind of u case.
ome argument followed on the state
1ent relative To the respondent con
enting to the striking out of the state
rent. The state claimed that il had
he only authority in the matter but
he court stated that the motion of the
tate was granted whit the consent of
he respondent.
At this point the respondent waived
he reading of the indictment and
loaded not guilty in a clear voice.
There were only six persons besides
ie iurymen on the spectators seats AZ
"A time Tho iifrVmeD responded n
leir names Forty -four responded,
lille a like number have been excused
: the assistant Judges The jury was
worn and instruction given. Then
mel was called.
Getting a Jury.
The first II iurymen called for a
mel were II. C. Averill of ROxbury.
f. Badess Of Middlesex, James A.
INNINGS Of Barre. g. w. English of
ontpelier. Frank GRAY OF Calais, F. J.
in of Middlesex, c. o. Lawson of
irre. F. +. Morse of East Montpelier.
lrl Richardson of Worcester. r. W.
NTH Of Middlesex. =. +. Thsyer of
arren. c. r. wheeler Of Worcester.
tired. and Albert Jones called from
ire Town.
Mr.. Thayer was the first man exam
"a. He could not tell whether he had
-etissed the case. He had read about
in the Boston Post when employed in
llows Fails He had not formed an
inion. but was not sure. He had lit
confidence in what he read in news