The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-01-23

roborate the fact that the orders were
paid on the dates given on the orders.
Attorney w. B. c. Stickney said there
was no objection by the defense to the
facts sought to be shown unless the state
wished to take the time The examina
tion of officials of the Newport, st. Johns
bury and Bethel banks yesterday after
noon, in which institutions Mr.. Graham
had personal checking accounts, brought
out the information that he overdrew
his Newport bank account 10 times
When the defense on cross examination
of Mr.. Scott endeavored to ask questions
about advances of $4,000 refunded to
the state treasury by Governor Gates
when state highway commissioner, the
state objected on the ground that such
advances were made under a different
law. Attorney Stickney took the ground
that the offer was made to show that the
intent" of the respondent was not fell
onious or criminal in advancing money
in his department under the system
prevalent
Attorney Barber argued that the aud
itor had no right to 60 beyond his sal
ary and legitimate expenses of his de-
partment in drawing orders and when
he did so was committing embezzlement.
Judge Butler requested the defense to
suspend the question until he could ex-
anime the law that governed depart
mental appropriations. The defense
claimed they had a right to make in
quiries about the highway account as two
orders for $4,000 in that department
were questioned.
SSate Treasurer Edward Fl. Deavitt
began at ll.45 o'clock Identification of
auditors orders drawn while he was state
! treasurer in the Indictment period
State Treasurer Scott testified on cross
examination there was nothing unusual
about the orders drawn by Mr.. Graham
| that attracted his attention or would
cause him to be suspicious. While re-
quired to pay on orders, he would deem
it his duty not to pay them if he felt
| suspicious.
Mr.. Graham in court yesterday, al
though not on the witness stand, spoke
loudly enough for the jury TO hear, ad-
| mitting that he deposited the orders to
his own personal account.
AT the close of the day Yesterday, it
left the case with only one outstanding
fact and that admitted by both sides
The state has shown that Mr.. Graham
| while auditor, drew certain orders on the
state treasurer, that these orders were
| deposited in three different banks, the
| White River National bank of Bethel, tn,
/ Citizens Savings bank of st. Johnsbury
| and National bank of Newport, and thai
the funds not realized were placed in tn,
private account of Mr. Graham. All thes'
facts were admitted by the defense anC
there the case rested at adjournment
time, with the exception of one new
phase.
This is the fact that at several time
during the period when Graham had al
account in the Newport bank, this &C
count was overdrawn. The overdrawl
account was never but few dollars, bu
it may have been introduced by the stat
as purporting to show criminal intent 70
the theft of the 10000.
In making the concessions of the re
spondent as to the disposition of tn
orders, Attorney Stickney spoke sarcas
tically several times. 1t occurred durin
the testimony of Harold p. Perkins, cash
ier of the Bethel bank of which Mr.. Stick
ney is the president and where Mr.. Gra
ham carried an account between Marcl
1915, and July, 1916 Although it wa
: closed several times during this periot