Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-11-11
GRAHAM SENTENCED
THEN PARDON { D
Supreme Court Gives Ex.Gov-
ernOr 5 to 8 Years in States
Prison for Larceny of States
Money-Pardoned by Clement

! "ce ~ Granam. found guilty some months
ago OF the larceny of State funds during
! his term of office as State auditor passed
through the unusual experience to-day
Of receiving a States prison sentence and
pardon by the governor, all within
few hours
This morning. Mr. Graham was SEN.
fenced by Supreme Court to serve not
less than five nor more than eight years
at the states prison in Windsor. This af-
ternodh, Governor i. w. Clement granted
him full pardon on account OF his dis
tinguished service" to the state and be-
cause "of the suffering which he had en-
/ dured' he had been punished enough
When the court was ready to take up
the argument of cases this morning Hale
*. Darling. attorney for the respondent.
asked the courts pleasure to take up
the matter OF Mr.. Grahams exceptions.
| Having received the consent Of the court,
! he stated that the respondent being
present waived his exceptions and asked
leave to withdraw his petition for
new trial fled last term of court.
The proper court entry having been
made. Frank C. Archibald. attorney
general, moved for sentence and the
court listened to remarks by him as to
what penalty would be adequate Mr..
Archibald said the respondent had been
tried by a jury Of IL persons and found
guilty on some 70 odd counts of lar
ceny. that he had been fairly triad with
no bitterness OF spirit shown b. the
prosecution, but with the obligation Of q
performance Of duty and with the consld-
Grafton that the respondent had occupied
pace of trust and had betrayed that
trust-
Mr.. Darling said that ne did not want
any par, Of his remarks to be taken as
an appeal for sympathy. that the respond
ent would not allow that and he did not
feel inclined to offer such n plea. He
recited Mr.. Graham's record as auditor
referring to his ability in other capacities
In which he has served the state; how
II had been the custom to advance money
TO other State officials before him: how
there was no concealment Of the use OK
checks: how. when his office as auditor
had been investigated. 1t had been cleared
by men who understood business affairs
very we'll. and how Mr.. Graham had
funds to meet any obligation outstanding
but could not realize on them, although
no fault Of his. He said the trial of the
case had been free from error, there hav-
ing been only one exception which might
have awaited anything In the higher
court and that not a very strong one.
Therefore. these were waived.
He also spoke of the respondent az a
war governor and added that Mr.. Graham
probably was as good u governor as YER
mont ever had. He asked for a fine
rather than a sentence He spoke OF the
punishment mentally caused by publicity
since the Indictment. The behavior of
tho respondent has helped to. mitigate
the seriousness Of the penalty. Mr.
Darling declared that he had no criticism
of any one and that he did not appear
,t,-;t tl,a,x IAfN
respondents rights. He did not uphold
crime whether among the high or lowly
Il. H. Deavitt said he had not been asked
to speak and did not know 1t was de-
sirable, but that he knew the character
of Mr. Graham and how we'll he conduc-
ted his office in every way, save the
handling Of his personal account. that
by his good judgment he had saved the
State many thousands of dollars by his
handling of the auditors office.
Mr.. Archibald spoke again briefly and
the court retired to the justice chambers
where over an hours conference took
place. When the court returned Chief
Justice John II. Watson stated that he
had asked Justice G. NJ. Powers to i'm
pose the penalty.
Governor Graham. when interrogated
by the court replied that he had nothing
to say. The penalty above mentioned was
then imposed by Justice Powers.
PARDONED IN AFTERNOON
Governor p. w. Clement this afternoon
gave ex-Gov. Graham a full pardon and
made the following statement:
i"On account of the distinguished service
of Gov. Graham to the State of Vermont,
and the suffering which he has endured,
feel that he has been punished enough
and have issued to him full pardon"
GOVERNORS LETTER
When seen this evening Mr.. Graham
released the following letter received from
Gov. Clement alive to the pardon:
Horace r. Graham
Dear Sir:-In 1902 made a speaking
campaign throughout the State Of Vef-
mont, and on several occasions called at
tention to the improper methods OF
handling the States business which
existed at that time. Again in 1908 went
into that matter more In detail and ex-
planned to my audiences that the system,
of making advances from the State
treasury. to numerous State ofYlcials, was
, wrong and would bring disgrace and
disaster upon the State.
/, During al the PERIOD from 1902 to 1917,
you were the auditor Of accounts Of the
4, State and as auditor you were continually
making such advances. Your action, was
, however. wei! known to the chief execu-
, tive of the State. and to all of the Legisla-
, lures. which convened during that period,
, and to those officials who made examina-
, tons OF your office. including Frederick
s. Plat. Luther A. Cobb and Frank C.
, Williams.
Under No. 20 OF the Acts of 1906. there
was commission appointed which con.
sisted OF yourself. Joseph A. DeBoer and
Olin Merrill. authorized 10 examine into
. and install a system of auditing State
accounts. That commission made a care
full examination and report in approval
. Of the system In operation.
$ THE committee on claims of the Senate
= of 1906 reported as follows:
9 Owe have examined the biennial re-
n port of the auditor of accounts and find
p same to be substantially correct as shown
s by the books of his department. We have
. examined report sheets and vouchers and
4 we find he has receipted vouchers for all
bills paid, rs the law demands Personal
. expense accounts are subscribed to un-
Z der oath and are accompanied by proper
O vouchers.
8 We find that tho books are kept in
= n most intelligent and up-to-date form.
@ and much credit il due to the auditor of
: accounts and his assistants for the I'M
proved methods in use
"a report OF IA Joint special committee
to Investigate the method Of accounting