The Barre daily times. (Barre, Vt.) 1897-1959, 1920-01-27
GRAHAM PROMISED
HIM "AT ONCE
TO FIX 1T UP"
Gates Furt h her Testified
That Graham Promised
to Turn in His Whole
Salary as Governor, but
Gates Told Him to Keep
Out What He Needed to
Live On-AttOrneys Got
into a Wrangle.

Under direct examination of Attor-
ney Barber for the prosecution in the
case Of State vs. Horace f. Graham,
charged with embezzlement and larceny
of state funds, Auditor Benjamin Gates
testified in Washington county court
to-day that Gov. Graham told him in a
conversation at the executive chamber
that he took the money to keep Carroll
S. Page from putting him through
bankruptcy.
The witness said he could not recall
the exact language and when asked a
direct question if the language was not
thus and so the defense objected, and
Judge Butler sustained the objection.
Mr.. Gates said he wrote to Mr.. Gra-
ham in April, 1918, calling his attention
to the overdraft. He received no reply.
Later at meeting at the Vergennes
industrial school he had an interview
with Mr. Graham, in which Mr.. Graham
said he received his tGates1 letter and
would arrange at once to fix it up.
On the occasion of another interview
in the executive chamber at the State
House, Mr. Graham said he would turn
in his whole salary as governor to re-
imburse the state. Witness testified
hat he felt that Graham should not
pay all his sa&ary and ought to keep
enough to live op. He Gates would
be satisfied with that arrangement.
Mr. Graham arranged to do so.
Nothing further was said at that
time No other persons were present
during the conversation. Mr.. Graham
the witness said, then told me he was
out of bankruptcy; and he referred TO
G. $. Page as trying to force him and
lie did it to save himself"
At that time did he address you as
Ben ~
Il can't say
Witness repeated that he could not
recall the exact language as it was SO
long ago, What he said was the sub
stance of the conversation.
Against objection by the state, Judge
Butler admitted evidence that Mr.. Gra
ham had paid the state money. This
question arose when Attorney Stickney
began the cross examination of Mr.
uates.
Attorney General Archibald took the
position that if il was case of "boT-
rover and lender" il would be differ
ent issue Attorney Stickney said the
whole purpose was to bring out all the
facts and get at the truth of the mat
ter
Mr.. Gates said the first payment was
made in May.
"Is il true a payment of 81 900 was
made May 4, 1918? Please verify
that"
MY memorandum shows there was
payment of 81 500 made May 4,
1918"
When the state questioned the ma
leriality of questions asked by the de
tense as to accompanying Mr.. Graham
to familiarize himself with the duties
Of examining the accounts of county
rlerks, Mr.. Stickney made a reference
to half truths" and the respondents
desire to bring out the full facts.
Phis brought Attorney General Arch
bald to his feet Said he: 1T has been
repeatedly asserted here that the state
Is trying TO suppress the truth. The
state has no such desire and the ac-
,usation Is unwarrsnted. What the
Eitness did 10 familiarize himself with
ais duties has nothing to do with the
'ase. 80 far as | am personally con.
.erned and SO far as it has been urged
sy counsel of the state. II there ls
ANYTHING that warrants such aecuss-
ton want il pointed out. That charge
sss been made by my brother Stiekney
repeatedly in the presence Of the jury
~ direct words or innuendoes.'
Judge Butler remarked that there
sas nothing to show 50 far that there
aas a desire TO suppress the truth. A
conference followed at the bench.
Mr.. Gates testified on cross eXamina
ion further that he received no infor
nation from Mr.. Graham ON how TO
mn the Office when he took charge. He
aid he got his information from Mr..
Ioslin and other clerks aud from OBJ
lrrvation. Pressed further. witness said
W did not have the impression that
ur Graham was not willing TO help
iim.
Mr.. Stickney then directed the at
sntion Of the witness to the auditors
looks and began asking questions 70
how that the records were kept in the
ane wsy after Mr.. Graham left the
sfics Jan. :, 1917. Court took a recess
{ 1880 O'Clock
State Auditor Gates vas ssked IN
rvs examination abort a uayment II
s.szs.ss in addition e sla.SSo.Es which
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