Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-01-29

Montpelier. Jan. 2S.-Frank c. Archibald
attorney-general, went on a fishing ex
pedition this afternoon in the cross
examination Of Edward II. Deavitt, for
mer state treasurer, in the case of Stat
VS. eX-Gov. Horace f. Graham with tn,
result that he brought into prominenc,
the names of several persons the Stat
who were approached upon the matter o
helping pay the money to meet obliga
ions which, it was claimed Governo
Graham owed the State because of tn,
alleged shortage of his accounts
The list of names which Mr. Deavit
mentioned included James E. Wilbur o
Manchester, Governor +. c. Smith of st
Albans, Frank G. Partridge of Proctor
curtis > Emery of Newport, James Hart
ness of Springfield and George l.. Dunbar
of Brattleboro. He testified he did no
see MIR. Dunham and Redfield Proctor o
Proctor and that he did not attend ;
conference held at the Hotel Vermont il
Burlington when Governor Clement. Mr.
Gates. Mason :. stone and w T.. Scott
with some others were present. He ais,
suggested there Were several other me,
seen by ann but the attorney-general die
not purSu" the inquiry further so tina
the list was not complete. The witnes.
met H. u. Barber on the way to Brattle
boro and had some talk with him. II,
could not recall what he said TO any grea
extent nut he said he could tell The iur,
some of the things that Mr. Barber sait
about the mutter
one OF the most important things thai
occurred after the State rested this af
ternoon ana the defense commenced I,
present testimony. was when w. b. c
Suckney was able to secure decision
whereby evidence. tending to eXplair
some of the items over which there ha.
been question was admitted. 1t brough
INTO prominence the ruling made by
Judge Butler Tuesday that a person nigh
do something unlawful and yet not dc
it criminally.
USED TO lMPEACH GATES
Mr. Deavitt was used as witness tc
impeach the testimony of Benjamin Gates
He told of a different set of figures thar
Mr. Gates had testified about Thes,
We're given him by Mr.. Gates. he said
after being compiled in the office anc
showed that Mr.. Graham owed the Stat
$l1 10507, instead Of the amount that tn,
State used in presenting its case.
Later Mr.. Gates was recalled an'
denied what Mr. Deavitt had testified to
concerning furnishing certain data con
nected with an item of S1.100 which Mr.
Deavitt had explained they had conver
sation about. Mr.. Deavitt also gave evi
dence concerning SlS76.24 which repre-
sented accounts that Mr.. Deavitt claime'
the state owed him. and which he ex
planned in detail. These included sSl4.3
which was expense incurred in part il
the mandamus proceeding originated b,
Mr.. Fletcher.
The State tried to show that MI
Deavitt had presented this claim to tn
committee on court and State expense
in the Legislature, but this Mr.. Deavit
denied and later was able to explain.
STATE RESTS ITS CASE
The State rested it's case at tw
clock and Mr.. Deavitt took the stan
for the defense. He first testified abou
the item of s1,S76.H, representing thre
bills he had presented and were in
cluded in file 1901 which has been ques
toned at different times. There wa
considerable argument as to the adms
sion of this matter. the state arguin
at length. but the court finally admtte
it as tending to explain Mr.. Graham
conduct. The State did not think
nroner eyiderco
Mr. Rarher hroke into tho remarl<s n
Nv c,icl<ro, o,a NJ ct;oLro,, .,o.a
This vv.s nat a rr;ve riry and that n
did mt tbirL tho atti,ude NJ tho cent,
COUNSEL ,rgniaad or ,ourteou, NJ st;oL
nos, .,ne,iod to tho corr. to ho rorr,itta
to finish Mr. R.rher started to CON,
mont hut Mr. sticknev continued ..ho
cause course, is standing ;, "Anv ohiec
tions9" asked Mr. Rarber "yes ca;
Mr. Sticlxnev .It 10 und,,nifed and in,
proper"
y prefer to stand, SAID Mr.. Barber
Judge butier smoothed out the affair an
Mr. Stlckney continued to talk. MI
barper remained standing, but in FEY
seconds moved to the county clerks desi
~ ne ou,'e u 'ne 'an'e again an
Mr. sticknev was tall,ir,
The three of tho voucbar, !, ,,a a,
i5Ot vera taken nm rbosa u,ara ~,
peavitt,s nersonal eynersee Ora tor o,or
hire In looe IN taos arothar for III
Fletcher manda, Nc of ss1a29 ,vhile ~,