The Barre daily times. (Barre, Vt.) 1897-1959, 1920-01-29
7 IS on Stand This After
noon in Washington
County Court
GREENSBORO GULF
ROAD BROUGHT UP
Morton B. Johnson of No.
Craftsbury Tells About
Transaction

court on charges of embezzlement and
larceny from the state Of Vermont
| while he was auditor, will go on the
stand this afternoon In his own behalf.
the defense having made considerable
advancement in its testimony follow
| ing the action of the prosecution in
resting yesterday afternoon. The great
er part of this mornings time was tax
en- up in the examination of Morton b.
Johnson of North Craftsbury, the man
who had charge of the construction of
the Greensboro gulf road, which has
been brought into the case frequently,
The trial was resumed at 9:40 this
morning after a conference at the
judges room.
Mr.. Deavitt said he wished to correct
statement made yesterday about the
dates. 1t was after Aug. "a he saw
James Wilbur at Manchester about re-
imbursing the state in the Graham mat
ter; it was July 7 when he met Mr..
Barber and May l3 when he had talk
with Mr. Graham.
Mr.. Archibald inquired of the wit
mess when the check dated Aug. "a,
1918, was paid. The witness said the
perforation showed it was paid Nov. s.
Witness said the check was held at his
direction. Witness did not recall that
he did not see any mention of the Ora
ham matter in any paper as early as
Aug. II or l3.
On the direct testimony, the witness
said he delivered the check TO the state
treasurer Aug. "a. A receipt was taken
for it. Mr.. Graham knew nothing about
the request. He was not sure when Mr..
Graham first knew about it. 1t was
not held at Mr.. Graham's request. Dur
ing this time he was acting as Gov.
Graham's attorney. This ended the eA
animation.
Morton b. johnson of North Crafts
bury, who had charge of the construc-
ton of the Greensboro Gulf road, was
next called to show the amount he re-
ceived from Mr.. Graham. Mr.. johnson
gave his age as 40.
Asked how he received them. the
witness said he received payment by
state orders or Gov. Graham's checks.
Attorney General Archibald thought
the checks themselves were the best ev.
idence and should be produced.
IL offer to show that Mr.. johnson
was paid for this work by Gov. & ham
and the form of payment was in
checks said MIR. Stickney, addressing
the court.
Suppose the man was paid in cattle,
would the witness be required to pro-
duce the cattle7'
"That is absurd, replied Mr.. Archi
bald. "There is no similarity
The court ruled for present purposes
in favor of the contention of the state.
Exceptions by tho defense.
Mr.. Sterling then asked about the
orders, and Mr.. Archibald urged that
the orders also were the best evidence.
"How much did you get from Mr..
Graham altogether" was asked the
witness.
Objections by the state on the
grounds the defense was getting at the
same matter in another way.
"The checks are subject to their con
troll and not ours" added Mr.. Archi
bald.
For the present purposes we will
leave it out, said the court.
Mr. johnson said he was paid in full
for the work. He kept account books
various years, beginning with
1912. The defense offered account books
for 1912, 1918 and 1914, TO show what
the entire transaction was, as the state
had shown, not disclosing the entire
A conference followed at the bench.
Defense Is Surprised.
Mr.. Stickney in a statement IN open
court said he was obliged TO suspend
the examination of this witness. Tn
he said. Gov. Graham did
not bring his checks with him. They
we're at his home in Craftsbury.
'The attitude of the state is a sur
prise TO me-" he continued, although
nave practiced law for so years and on
he grounds of surprise ] would ask the
indulgence of the court
Court suspended at lO;30 for the
isual recess. Meanwhile a further con
ference was held at the bench and lat
II in the chambers.
Both Account Books Admitted.
After the conference in the chambers
I appeared that considerable delay
would follow if recess had TO occur
Until Mr.. Graham could 90 to Crafts
,urv 20 get the checks now in the attic
# his home, (which is locked up; and
10Th books to which objection had been
made were admitted as evidence. the
being made that only
hose portions referring 70 this matter
we're to be considered These were
hown to the jury.
The book was again shown TO the
witness. and he identified other pages,
nd then the defense went ON 20 show
hat il was more convenient for MIR.
ohnsOn to use checks than to wait for
rders to be drawn at Montpelier. The
ourt allowed the witness to testify.
nd Mr.. johnson testified he asked Mr..
raham to give him the checks instead
I orders The witness went on 20
how that be requested checks on diff
srent occasions to prevent his lJohn-
,n'sl making an Overdraft on his bank
ccount. He asked Mr. Graham on some
londay. mornings for checks 20 mail
ZEN to the hank. because If he waited
n an order 70 cone from Montpelier
E could not get the order 10 the hank