Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-02-05
GRAHAM CASE WITH
THE JURY TO-DAY
Atty. Gen. Archibald Will Finish
Concluding Argument for
State This Morning
iSpccinl 10 The E'rce p..esN


until about II o'clock Thursday morning
! in spite of the fact that it was EXPECTED
| that the arguments would be completed
| this afternoon.
Attorney General Frank G. Archibald
was well under way when five O'Clock
was reached and the court announced at
| the end of the day recess would be taken
until Thursday morning. The court an
nounccd this morning that there would
be no limit on the time. but that argu-
mcnts. should he completed during the
day, however. so much time was taken
! by those who preceded Mr.. Archibald
that II was impossible for him to COM
plcte his argument as he did not get
started until i:i0 O'Clock
That tho attorneys on both sides of
! the case were well vcrsed in Biblical
passages was shown by the constant
reference to these by the lawyers. Mr..
| Archibald gave Mr.. Graham an arraign-
ment the equal of which has not been
heard in Washington county court In
many months. II was even worse than
that which lie gave George Long. who
was recently convicted OF murder
| II. i. Barber opened for the state with
the beginning of court Wednesday morn
ing. He declared that "ths Is the most
| important case ever tried in Vermont.
! There has never been case like II and
probably there will never he another
| like It. Hence tho responsibility that
rests upon you. gentlemen You have
never been called to serve on a case OF
such widespread importance" He asked
them to lay aside their sympathies and
act under their oaths.
| On the question of intent. Mr.. Barber
said 'If Mr.. Graham took these moneys
and banked them in his own name and
| II al, rlfu i,, lat fn q
for you to decide If he did or did not in
tend to take the funds
| He said defense would talk long and
loud upon what they call refund and the
| taking of moneys while the State claims
| it was stealing. He discussed at length
1.-THE correspondence between Messrs.
Gates, Barber and Graham. He called
the defense "superficial." He told the
jury there must be to-day due to the
state about $500. by their own compu-
tation." He dwelt on tho delay the re-
spondent made in taking care of the
restitution" He said the refund had
been made under the shadow Of prose-
cution" He urged the jury that the prop
Ter thing was to decide IL the respondent
had conducted his business right.
FOR THE DEFENSE.
Rufus r. Brown in opending his argu-
ment for the defense at II 80 o'clock, said
he did not have the voice, strength. or
disposition to talk loud or long about
this matter as it has been claimed by the
state.
The respondent here. said Mr.. Brown.
is charged with being "A common thief,
not with poor bookkeeping. This case is
as important to the respondent as 1t is to
the state. He said he did not claim Mr.
Graham Is a perfect man. There had been
but one perfect man and he crucifed
1000 years ago. Mr.. Graham had built
up an honest reputation during all these
years. Did he build 1t up to defraud the
State of Vermont? If he had $500 or $4,000
Of money in an envelope in the treasurer's
office he had not converted or stolen it.
we claim that Horace Graham never
intended to defraud the state of YER
mont of one penny. When called on by
Benjamin Gates he paid it," said Mr..
Brown. "Yet do not forget Horace +.
Graham. Don't forget that during these
trying days he was lokng after the well
fare of the people Of Vermont. Let it be
said in this case justice was done"
He said the proof is here and urged
that Mr. Graham did not take one dollar
from the State OF Vermont. He urged
that it Is a pretty good man who pays
when he finds there is an obligation to his
State or another.
Don't forget your duty to Mr.. Graham
and don't forget that he was not sleeping
as the other side would have you be-
leve, concluded Mr.. Brown.
MR. STICKNEY,s ARGUMENT
:.
w. D. ~ S.''hney ope'eu ms "' su,''e".
az 1'1' 80 e .."' nc ",u ~.
~ ~ e Ne - e
e 40 A. - W
.ne 'ui' =" '.e ~,
""u ""a' "'''''' vi """'' "e"' ""'e
''' ,r,
"e e '''
"a,.o INV '"e
.-
80 vas ' """ "
$500 ", Wv, .l,e ""s - o .no o ~
for rho bene,t A. tha s,ata and dnrine
the same period he drew sj.575 for his
own account but what evidence has been
introduced showing he intended to take
: that money? Mr.. Stickney claimed that
. there was no mystery except that cast
+ by Benjamin Gates. There is no doubt
! about the creditabiity of witnesses be-
, cause "A man may not recall tn bis mind
| Just what occurred Nothing is shown
: of anything irregular about the books
, except the erasure corrected in the 81. 500
item. There was nothing in the books
r to show there was anything irregular
about the 81, 200 item.
He read portions of the letter from
I