The Barre daily times. (Barre, Vt.) 1897-1959, 1920-02-03
In His Private Business
and Possibly in Graham
& SINNERS Business
THOUGHT HE'D RIGHT
TO USE THE MONEYS
But Kept Within Amount
He Could Account
For

charged Win eHUeLAltiiSht ah" ie.A~~"
of state funds while he was auditor,
Horace F. Graham produced cancelled
checks and other data which he had
brought from his home in Craftsbury
in an over Sunday trip. He declared on
cross examination that he considered
he had a right to draw orders for his
salary and expenses, and he Thought
there had been funds Of the state IN his
hands approximating $4,000.
Graham admitted on cross examina-
tion that some of the states money
went into his personal business and
probably some went into the business
of Graham g. Skinner
AT the opening OF the trial at
o'clock this morning, Attorney W b. Z.
Stickney, in informing the court that
Mr.. Graham had returned with a trunk
| full of papers, said the defense desired
to suspend with Mr.. Graham's examlna-
tion temporarily in order 70 recall ex-
State Treasurer 4. IL. Deavitt to clear
up a certain point. Mr.. Deayitt testl-
fed that when he called on Dir. Gates
he had with him memorandum con
tanning certain figures on which be
made corrections.
"At that time no claim was made oi
balance against Mr.. Graham prior to
| 1906" he said The first figures from
1905 tosl9l7 showed the balance TO be
az ,07s.43 and after the correction and
addition were made il stood at Slo,-
$3.50. .4s. The arrearage from july !,
1912, To January 1917, were Sll, ,lOS.oI,
which. he said, was the amount claimed
to be due by the state. He said his
first figures exceeded the calculation,
He had been employed in aseertaining
the amount due the state from some
time in May, 1915, and from time to
time informed Mr.. Graham or his secre.
tarv of the progress This continued
up TO Aug "a, 1918.
On cross examination the witness
said the figures did not include the
balances for the first four years OF Mr..
l,raham's service. Mr. Deavitt was
asked on the redirect about the Si.lo0
item and vouchers missing He could
not tell whether the memorandum in
respeef 10 this item was in Mr.. Ora
hams handwriting. The entries ap-
neared 10 be made in the same hand
writing as the others on the page. He
rejected the item Of Sl,l00 in making
the settlement, partly from what he
had learned Witness said he knew
that some of the vouchers had been
out of the office. Asked if il was pos
sible for the vouchers TO be missing,
the state objected.
On further cross-examination by Mr.
Archibald. Mr.. Deavitt said there was
A memorandum" in the files but no
vouchers. He did not know what be-
came of the memorandum, nor did he
know at the time in whose handwrit-
ing il was.
Witness said his claim for clerk hire
| in 1906 and 1908 was presented IN 1918,
three years before he knew there was
balance claimed against Mr.. Graham
and prior to the time he was EN-
ployed as counsel
ANY other claims slumbering for
seven or eight years. inquired Mr..
Archibald.
None except the claim for clerk
hire"
The claim for clerk hire was about
81 900, and the mandsmus suit claim
about $500. Witness said other claims
had been paid as they accrued.
THAT mandamus suit was by the
then governor against you over the
suflicieney of your bond as state treas
urerf'' asked Mr.. Archibald.
"Yes."
"Tbat is over the question of the
solyeney of one of the suretiesg has
tened to say Mr.. Stickney, pointing in
direction.
ayes
1--WE won't go into that matter,
said the court.
Mr.. Graham Produces Cancelled
Checks.
Mr.. Graham was called at lO;l5
o'clock.
The cancelled checks in the Green's
lboro Gulf road matter were produced.
These were personal checks given to
NJ. h. johnson of Craftsbury, builder
of the road. who had testified that the
personal checks of Mr.. Graham facill-
tated his banking and that he pre-
lferred them to state orders. They were
lexamined by counsel for the state. The
checks numbered twenty and were Of
lfered in evidence. These checks were
drought here from Craftsbury by Mr..
iCraham.
The checks drawn by Mr.. Graham
on the Newport and Bethel banks were
identified by him, they being from
April. 1918, to 1917 and representing
orders of $4,000. paid out in the inter.
lests of the state The total 50 paid
lout was s33 POO. These checks include
Sc 600 to Mr.. Bates.
The cross examination of Mr.. era
iham was commenced at II o'clock, con
lducted bv Mr.. Archibald. Witness said
lhe thought he had a right TO draw or
lders for his salary and expenses on
funds of the. department. Thought
There had been funds of the state IN
lhis hands aproNimating 5000; would
mot say il was in excess Of $4,000.
Beyond salary and expenses Of OF
lfce. did Won consider you had a right
10 draw beyond that amountf
~Yes. provided ] had call from other
departments 9
What call did YOU have you could
not give an order for
~Nut any. | suppose.
Witness was asked about his visits
TO the county clerks Thought he had
Continued On eighth page