The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-01-22
GRAHAM'S ORDERS
ARE PRESENTED
State Auditor Gates Identi-
fies Them Separately on
Witness Stand
BANK OFFICIALS
ARE IN COURT
Will Be Used as State Witnesses =
Gates Says the $1,000 Highway
Order Was Not Entered In Ora
hams Official Record.
Especial to The Reformer.)

MONTPELIER, Jan. %.
The Graham trial was resumed at 8
this morning with Benjamin Gates, aud
itor of accounts, on the stand and resum-
ing his Identification of every order
drawn by Mr.. Graham to himself during
the period covered by the Indictment
from 1912 to 1917, aggregating about
$4,000. The application of credits will
come later. A truck load of books and
records from the state house have been
brought to the court room
As each order was read, offered and re-
ceived, it was handed to the jury to look
over.
Not a spectator was in the court room
when court opened. AT 10 O'Clock there
were three spectators present and at that
time the testimony had reached the 10th
count dealing with transactions in 1914.
State Treasurer Scott and Major Goodell,
Governor Clements secretary, appeared
at the court house at l0l5.
At the time of the noon recess orders
corresponding to count l55 had been of
fered Mr.. Gates's testimony deals
wholly with putting into the records each
OF the Graham orders covered in the in
dictment
There were only two diversions from
the routine. One came when the witness
said in relation to the 81 800 ''highway
order that it was mot entered on his
tGrahams official record" The witness
says he had no personal knowledge if il
. was entered in the books of the highway
E department.
2 Two counts were passed over on the
5 objections of the defense when dates OF
e the indictment did not correspond to th'
n bank deposit dates on certain orders com
: ing under the embezzlement charges.
2 The testimoney was dry from the spec
5 tators' standpoint. The jurors yawneC
= during the forenoon and appeared to hav,
difficulty in keeping awake.
e Gilbert F. Woods of the Citizens banl
g of St. Johnsbury j. NJ. McCarten of tn
|, Newport National and Mr. Perkins of tn
i Bethel bank have arrived to testify.
i Yesterday afternoon Hale X Darlin
e made a statement for the defense II
n claimed there was nothing to conceal
that the respondent claimed nothing nov
Il that he had not always claimed. AT
h torney Darling then attempted to dis
! cuss the variance of two of the overdraft
$ amounting to $400 and to this line q
le statement, the state objected. Judg
: Butler ruling that the remarks were
V. the line of argument and they were there
fore excluded.
II In closing the opening statement fc
S the defense, Attorney Darling said tha
the respondent was ready TO show tha
there was never an order drawn withou
a receipt and that an accurate and strit
account was kept of all such transaction
2 in the office of the auditor of account
- and at the end of each year, a balant
was struck, showing the standing b.
tween the state of Vermont and Horat
" +. Graham. He said a precise aceour
was carried along from year to year
red ink and that there was never Il
slightest attempt at concealment. A
Il orders were charged to Mr. Graham
ol the books and the respondent is ready
he show that he commenced the payment
n the reduction of the overdraft before Il
IS indictment was found.
cd In answering the state claim of 4
is drawing of the two drafts, one for 81 2
and one for 81 800, charged to the hig
nd way account and which the highway
of partment claims to have no record, A
or torney Darling said the defense wou
admit such orders were drawn but wou
show that Mr. Graham had personally a
vanced to this department $4,000.